S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1672
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to requir-
   ing supermarkets to make surplus food available to  qualifying  chari-
   ties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 article 17-C to read as follows:
                               ARTICLE 17-C
               SURPLUS FOOD TO CHARITABLE ORGANIZATIONS ACT
 SECTION 223.   LEGISLATIVE INTENT.
         223-A. DEFINITIONS.
         223-B. AVAILABILITY REQUIREMENT.
         223-C. EXCLUSIONS.
         223-D. IMMUNITY FROM LIABILITY.
         223-E. CONSTRUCTION.
   § 223. LEGISLATIVE INTENT. SIXTY TO ONE HUNDRED MILLION TONS OF EDIBLE
 FOOD  IN  THE UNITED STATES IS DISCARDED, PRIMARILY TO SOLID WASTE LAND-
 FILLS. AN ESTIMATED FIFTY MILLION AMERICANS,  INCLUDING  NEARLY  SIXTEEN
 MILLION CHILDREN, DO NOT HAVE SUFFICIENT FOOD.  DECOMPOSITION OF ORGANIC
 WASTE  ACCOUNTS  FOR  OVER  FIFTEEN PERCENT OF OUR NATION'S EMISSIONS OF
 METHANE, A POTENT GREENHOUSE GAS. 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  AND  TO  REDUCE  FOOD WASTE IN SOLID WASTE LANDFILLS WHICH CREATE
 DANGEROUS EMISSIONS.
   § 223-A. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL MEAN:
   1.  "SURPLUS  FOOD"  MEANS  EDIBLE  FOOD THAT IS NOT SOLD OR USED BY A
 SUPERMARKET AND IS BEING DISPOSED OF BY THE SUPERMARKET DUE  TO  QUALITY
 STANDARDS, LABELING, APPEARANCE, SURPLUS OR OTHER SIMILAR CONDITIONS.
   2.  "QUALIFYING CHARITY" MEANS A RELIGIOUS, CHARITABLE OR NOT-FOR-PRO-
 FIT ORGANIZATION THAT PROVIDES FOOD AT  NO  COST  TO  THE  POOR,  NEEDY,
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05251-01-9

 A. 1672                             2
 
 DISADVANTAGED  OR  AT-RISK  PERSONS, INCLUDING BUT NOT LIMITED TO A FOOD
 PANTRY, FOOD BANK, SOUP KITCHEN OR  COMMUNITY  BASED  ORGANIZATION  THAT
 PROVIDES FOOD AT NO COST TO SUCH PERSONS.
   3.  "SUPERMARKET"  MEANS  A RETAIL STORE AT A GIVEN LOCATION WHICH HAS
 MORE THAN TEN THOUSAND SQUARE FEET DEVOTED  TO  THE  SALE  OF  FOOD  AND
 GROCERIES FOR HUMAN CONSUMPTION.
   §  223-B.  AVAILABILITY REQUIREMENT. 1. EVERY SUPERMARKET SHALL MAKE A
 REASONABLE EFFORT TO MAKE AVAILABLE TO  A  QUALIFYING  CHARITY,  SURPLUS
 FOOD WHICH THE SUPERMARKET FROM TIME TO TIME HAS IN ITS POSSESSION.
   2.  NO  SUPERMARKET  SHALL  BE REQUIRED TO MAKE AVAILABLE A PARTICULAR
 QUANTITY OR LEVEL OF SURPLUS FOOD OR  TO  TRANSPORT  OR  DISTRIBUTE  ANY
 SURPLUS FOOD IN CONNECTION WITH THIS ARTICLE.
   3.  A SUPERMARKET MAY, IN ACCORDANCE WITH ANY APPLICABLE LAWS, DISPOSE
 OF SURPLUS FOOD WHICH IS NOT TIMELY COLLECTED BY A QUALIFYING CHARITY.
   4. A SUPERMARKET SHALL BE DEEMED IN COMPLIANCE WITH THIS  SECTION  IF,
 IN  GOOD  FAITH,  IT ARRANGES WITH ONE OR MORE QUALIFYING CHARITIES THAT
 HAVE REQUESTED IN WRITING TO COLLECT SURPLUS FOOD FROM  THE  SUPERMARKET
 FOR THE COLLECTION OF SUCH SURPLUS FOOD.
   5.  A SUPERMARKET MAY IMPOSE RESTRICTIONS TO ENSURE THAT THE RETRIEVAL
 OF SURPLUS FOOD BY A QUALIFYING CHARITY  DOES  NOT  INTERFERE  WITH  THE
 BUSINESS OPERATIONS OF THE SUPERMARKET.
   § 223-C. EXCLUSIONS. 1. SURPLUS FOOD SHALL NOT INCLUDE: FRESH MILK, OR
 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 GOVERN-
 MENTAL OR PRODUCER RECALL; FOOD RETURNED TO A SUPPLIER; FOOD DONATED  TO
 A  QUALIFYING  CHARITY;  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. SUPERMARKET SHALL NOT INCLUDE HOTELS, MOTELS, RESTAURANTS AND CAFE-
 TERIAS, BAKERIES, CATERERS, HOSPITALS, ASSISTED LIVING FACILITIES, INDE-
 PENDENT  LIVING  FACILITIES,  NURSING HOMES, HOSPICES, GROUP HOMES, DRUG
 STORES, EDUCATIONAL INSTITUTIONS, FOOD COURTS IN  SHOPPING  MALLS,  FOOD
 RETAILERS  AT AIRPORTS OR OTHER TRANSPORTATION FACILITIES, GAS STATIONS,
 SPORTS ARENAS, MOVIE THEATERS OR ANY OTHER SIMILAR ESTABLISHMENTS.
   § 223-D. IMMUNITY FROM  LIABILITY.  NOTWITHSTANDING  ANY  INCONSISTENT
 PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW, NO SUPERMARKET OR QUALI-
 FYING  CHARITY,  OR  ANY EMPLOYEE, OFFICER, SHAREHOLDER, PARTNER, AGENT,
 VOLUNTEER OR RELIGIOUS LEADER THEREOF  WHO  PROVIDES,  MAKES  AVAILABLE,
 DISTRIBUTES  OR  OTHERWISE FACILITATES THE DISTRIBUTION OF SURPLUS FOODS
 AS PROVIDED IN THIS ARTICLE, SHALL BE LIABLE TO ANY PERSON  FOR  DAMAGES
 FOR  INJURIES OR DEATH ALLEGED TO HAVE BEEN SUSTAINED AS A RESULT OF THE
 CONDITION OF SURPLUS FOOD MADE AVAILABLE HEREUNDER, UNLESS SUCH INJURIES
 OR DEATH WERE CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF  SUCH
 SUPERMARKET OR QUALIFYING CHARITY OR ANY EMPLOYEE, OFFICER, SHAREHOLDER,
 PARTNER, AGENT, VOLUNTEER OR RELIGIOUS LEADER THEREOF.
   §  223-E.  CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
 SUPERSEDE ANY STATE OR FEDERAL HEALTH LAWS OR REGULATIONS REGARDING  THE
 HANDLING OF FOOD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.