What's happening
This bill requires large supermarkets to make excess edible food available to nonprofits that feed the needy, aiming to reduce food waste and hunger.
Why it matters
Defines "excess food" and excludes certain items. The bill clarifies that only safe, edible food not sold or used (but still suitable for consumption) must be made available, specifically excluding unpackaged fresh meat, recalled items, foods exposed to contamination, and certain other categories, ensuring food safety and practicality for both supermarkets and nonprofits.
Targets large supermarkets, not smaller retailers or food businesses. Only retail stores with over 10,000 square feet devoted to food sales are affected. This focuses the requirement on larger operations with more potential surplus, and avoids burdening small businesses or specialty establishments.
Liability protection and logistical flexibility for supermarkets. Supermarkets are protected from legal liability for food donations except in cases of gross negligence or intentional misconduct. They are not required to donate a specific amount, nor to handle transportation, and may impose reasonable collection restrictions—making compliance feasible and encouraging participation.
No financial penalties for non-compliance. The bill explicitly states that supermarkets not meeting the requirements will not face the standard penalties usually imposed under related environmental laws, suggesting an emphasis on voluntary compliance and collaboration rather than punitive enforcement.
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Who cares
Headline styles
Donate Supermarket Surplus Food
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A4398A
- Ordered to third reading cal.881
- Reported and committed to rules
- Referred to environmental conservation
- Print number 4176a
- 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.
Supermarkets Must Donate Extra Food
Signed by Governor · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4176--A
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed 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.
LBD05200-06-9
S. 4176--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.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to requiring supermarkets to make excess food available to qualifying entities
Purpose
This bill is designed to increase food donations to food banks and other providers who feed the needy and to help reduce dangerous emissions of methane from the decomposition of organic waste in landfills.
Summary of provisions
Section 1 of the bill amends environmental conservation law article 27 by adding a new title 28 to establish the "Excess Food Act." The Excess Food Act provides the following:
Read the full memo (1,039 words)
.Definitions: As used in this article shall have the following meaning:
(a)"Excess food" means edible food that is not sold or used by a super- market and is still safe to be consumed but is being disposed of by the supermarket due to labeling, appearance, surplus or other similar condi- tions... Excess foods shall not include unpackaged fresh meat, 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 enti- ty; food sold to a food remarketer or restaurant or other preparer of food for human consumption or sold to a farmer or other producer.
(b)"Qualifying entity" means a religious organization or other not-for- profit organization which provides food for free to needy persons, including by not limited to a food pantry, food bank, soup kitchen or community based organization that provides food for free to needy persons.
(c)"Supermarkets" 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 shop- ping malls, food retailers at airports and other transportation facili- ties, gas stations, sports arenas, movie theaters, or any other similar establishment.
2. Availability Requirement.
(a)Every supermarket shall from time to time make excess food available to qualifying charities.
(b)No supermarket shall be required to make available a particular quan- tity or level of excess food or to transport or distribute any excess food.
(c)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.
(d)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.
(e)A supermarket may, in accordance with applicable laws, dispose of any excess food which is not picked up by a qualifying entity within a reasonable time.
3. Construction. Nothing in this tile shall be construed to supersede any state or federal health laws or regulations regarding the handling of foods.
4. 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.
Section 2 is the effective date.
Justification
Hunger in the U.S. and our state is a serious problem. An estimated 50 million Americans, including nearly 16 million children, do not have sufficient food. Meanwhile, 60-100 million tons of edible food is discarded in the United States, primarily to solid waste landfills. Decomposition of organic waste accounts for over 15 percent of our nation's emissions of methane, a potent greenhouse gas.
Hunger and food insecurity - the uncertainty of having, or inability to acquire, enough food to meet household food needs exists in every county in our state. An estimated 2.8 million New Yorkers (over 14%) are facing hunger and food insecurity. Moreover, a significant number of those households do not qualify for federal nutrition assistance.
As noted in the Food Bank for Westchester Food Dating Guide, the majori- ty of food items that are close to or past the indicated date on their packages are still safe for consumption. This included items passed the "expiration date," "sell by date," "use by date" and "pack date." These codes are used by manufacturers to ensure that consumers receive their product in peak quality. Supermarkets regularly dispose of these unused food items and most are of good quality and safe to eat. This legis- lation will require supermarkets of a certain size to make available this excess food to entities that provide food for free to the needy.
While supermarkets of a certain size are required to participate, they are not required to provide a particular quantity of food or transport or distribute it. Qualifying entities must make a written request for the excess food and arrange to collect the food at a date and time arranged with the supermarket.
Not only should there be no cost to participating supermarkets - there may be savings - since supermarkets will not longer have to pay to have excess food collected and discarded. In addition, a supermarket in
compliance with this section shall have no liability for the food trans- ferred in the absence of gross negligence or intentional misconduct.
Making excess food available to qualifying entities that feed the hungry will go a long way to help address food insecurity in our state without additional costs to participating supermarkets. In addition, the donation of excess food will also reduce food waste disposed of in solid waste landfills which create dangerous emissions.
Legislative history
2017-2018: A7936 referred to environmental conservation; same as S8993 (Alcantara) referred to rules
Fiscal implications
None to the State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become 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.
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