What's happening
This bill requires supermarkets to make excess edible food available to nonprofits that feed the needy, aiming to reduce food waste and hunger.
Why it matters
Creates a clear legal expectation. that large supermarkets (over 10,000 sq. ft.) must offer their unsold, still-edible food to nonprofits serving people in need, rather than simply discarding it.
Limits supermarket liability. by shielding them from lawsuits over donated food unless there is gross negligence or intentional misconduct, which may encourage more participation.
Gives supermarkets flexibility. by not requiring them to donate a set amount or to transport food, and allowing them to set reasonable collection times and procedures to avoid business disruption.
Targets specific food safety and operational concerns. by excluding certain risky or recalled foods from donation and clarifying that supermarkets are not penalized if a nonprofit does not collect the food, balancing food safety, practicality, and the bill’s charitable aims.
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Who cares
Supermarkets with more than 10,000 square feet devoted to food sales
They would have to make excess food available periodically, but would face no minimum quantity or delivery requirement and would receive liability protection absent gross negligence or intentional misconduct.
Food banks, food pantries and soup kitchens
Qualifying nonprofits could request collection arrangements in writing, subject to supermarkets’ reasonable pickup restrictions.
Religious organizations feeding needy people
Those providing food for free could qualify to collect excess food that remains safe to eat.
New Yorkers facing hunger and food insecurity
The bill aims to increase food donations to organizations that provide free food to needy people.
Headline styles
Supermarkets Must Donate Extra Food
Plain English, a few words. Used as the page title.
Sponsors
History
- Approval memo.56
- Signed chap.352
- Delivered to governor
- Returned to assembly
- Passed senateVote 48–12
- 3rd reading cal.881
- Substituted for S4176A
- Referred to environmental conservation
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.355
- Reported
Show 6 earlier actions
- Referred to codes
- Reported referred to rules
- Reported referred to codes
- Print number 4398a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Donate Supermarket Surplus Food
Senate Floor Calendar · Sponsor Pete Harckham
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4398--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to requiring supermarkets to make excess food available to qualifying entities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 30 to read as follows:
TITLE 30
EXCESS FOOD ACT Section 27-3001. Legislative intent.
27-3002. Definitions.
27-3003. Availability requirement.
27-3004. Construction.
27-3005. Enforcement. § 27-3001. Legislative intent.
An estimated fifty million Americans, including nearly sixteen million children, do not have sufficient food. An estimated 2.8 million New Yorkers face hunger and food insecurity. This legislation is designed to increase food donations to food banks and other providers who feed the needy while reducing food waste in solid waste landfills which create dangerous emissions. § 27-3002. Definitions.
As used in this title, the following terms shall mean:
1. "Excess food" means edible food that is not sold or used by a supermarket and is still safe to be consumed but is being disposed of by the supermarket due to labeling, appearance, surplus or other similar conditions. "Excess food" shall not include: unpackaged fresh meat,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05200-05-9
A. 4398--A 2
fish, or poultry; food damaged by storage conditions, pests, mold, bacteria or other contamination; food which has been offered for sale from a hot, cold or prepared food bar; food subject to a governmental or producer recall; food returned to a supplier; food donated to a qualifying entity; food sold to a food remarketer or restaurant or other preparer of food for human consumption or sold to a farmer or other producer.
2. "Qualifying entity" means a religious or other not-for-profit organization which provides food for free to needy persons, including, but not limited to a food pantry, food bank, soup-kitchen or communitybased organization that provides food for free to needy persons.
3. "Supermarket" means a physical retail store which has at the subject location more than ten thousand square feet devoted to offering food for human consumption for sale to the general public. "Supermarket" shall not include hotels, motels, restaurants and cafeterias, bakeries, caterers, hospitals, assisted living facilities, nursing homes, hospices, group homes, drug stores, educational institutions, and food courts in shopping malls, food retailers at airports and other transportation facilities, gas stations, sports arenas, movie theaters or any other similar establishment. § 27-3003. Availability requirement.
1. Every supermarket shall from time to time make excess food available to qualifying entities.
2. No supermarket shall be required to make available a particular quantity or level of excess food or to transport or distribute any excess food.
3. A supermarket shall be deemed in compliance with this section if it in good faith arranges with a qualifying entity that has requested in writing to collect excess food from the supermarket for the collection of such excess food. A supermarket acting in compliance with this section shall have no liability for the food transferred in the absence of gross negligence or intentional misconduct.
4. A supermarket may impose reasonable restrictions as to the time and manner of collection by a qualifying entity so as not to interfere with its business operations.
5. A supermarket may, in accordance with any applicable laws, dispose of any excess food which is not picked up by a qualifying entity within a reasonable time. § 27-3004. Construction.
Nothing in this title shall be construed to supersede any state or federal health laws or regulations regarding the handling of food. § 27-3005. Enforcement.
A supermarket that does not meet the requirements of this title shall not be subject to the penalties specified in title twenty-seven of article seventy-one of this chapter.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.