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A03418 Summary:

BILL NOA03418
 
SAME ASSAME AS S04754
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd Art 4-D Art Head, §§71-y & 71-z, add Art 4-D §§71-aa - 71-dd, Ag & Mkts L; add §97-zzzz, St Fin L
 
Enacts the New York state excess food act which provides for mandatory donation of consumable food products; provides mandatory composting of appropriate materials; establishes the New York state excess food fund which will be funded by fines collected from violations of the New York state excess food act.
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A03418 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3418
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to enacting the New York state excess food act; and to amend the state finance law, in relation to establishing the New York state excess food fund   PURPOSE OR GENERAL IDEA OF BILL: This bill would require large supermarkets to make excess edible food available for charities and organizations that provide free food for the needy.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. this act shall be cited as "New York State excess food Section 2. amends Chapter 869 of the laws of 1980. Section 3. includes section 71-y of the agriculture and markets law. Section 4. includes sections 71-z of the agriculture and market law. Section 5. article 4-D of the agriculture and markets law is amended by adding four new sections 71-aa, 71-cc and 71-dd. Section 6. includes 97-yyyy. New York State excess food fund. Section 7. effective date   JUSTIFICATION: On a daily basis large supermarkets throw away food that does not meet their standards or are reaching their "best by" date, yet the food is still edible. In the United States an estimated 50 million Americans go hungry each day, while 60 - 100 million tons of edible food is thrown away. On top of that the amount of fossil fuels being burnt to transport the food to landfills also creates environmentally problems. This legislation would help to provide the necessary food that many hungry Americans need and depend on. Also by allowing local charities and organizations to pick up the food, instead of transporting it to land- fills, this would cut down on the harmful fossil fuel gases that pollute our atmosphere. The legislation would also not create any new adminis- trative or enforcement burdens while also insuring no tax revenues are lost to the state.   PRIOR LEGISLATIVE HISTORY: A6011 2019-2020 referred to agriculture A 6750 01/03/18 referred to agriculture A 6750 06/06/18 held for consideration in agriculture S7254 01/05/18 REFERRED TO AGRICULTURE   FISCAL IMPLICATIONS: None to the state   EFFECTIVE DATE: This act shall take effect on the one hundred twenti- eth day after it shall have become a law; provided, however, immediate- ly, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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A03418 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3418
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2021
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to enacting
          the New York state excess food act; and to  amend  the  state  finance
          law, in relation to establishing the New York state excess food fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  state excess food act".
     3    § 2. The article heading of article 4-D of the agriculture and markets
     4  law,  as  amended by chapter 869 of the laws of 1980, is amended to read
     5  as follows:
     6           [LIABILITY FOR CANNED, PERISHABLE FOOD OR FARM PRODUCTS
     7           DISTRIBUTED] DISTRIBUTION OF EXCESS FOOD FREE OF CHARGE
     8    § 3. Section 71-y of the agriculture and markets law,  as  amended  by
     9  chapter  869  of the laws of 1980, subdivision 1 as amended and subdivi-
    10  sion 7 as added by chapter 438 of the laws of  2010,  subdivision  5  as
    11  added  by chapter 286 of the laws of 1984, and subdivision 6 as added by
    12  chapter 182 of the laws of 1993, is amended to read as follows:
    13    § 71-y. Definitions. As used in this article:  1.  "Perishable  foods"
    14  means  any  food  that  may  spoil  or  otherwise become unfit for human
    15  consumption because of its nature, type or physical condition.   Perish-
    16  able  food  includes,  but  is not limited to, fresh or processed meats,
    17  poultry, seafood, dairy products, bakery products, eggs  in  the  shell,
    18  fresh  fruits or vegetables and foods that have been packaged, refriger-
    19  ated or frozen, or otherwise require refrigeration to remain  nonperish-
    20  able. This definition shall not include game or wild game.
    21    2.  "Canned  foods"  means  any canned food that has been hermetically
    22  sealed and commercially processed and prepared  for  human  consumption,
    23  including  canned  or  preserved fruits, vegetables or other articles of
    24  food. There is specifically excluded  for  purposes  of  this  [section]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00515-02-1

        A. 3418                             2
 
     1  subdivision  damaged  canned goods [that are rusted, leaking, swollen or
     2  canned goods that are defective or cannot be otherwise offered for  sale
     3  to members of the general public], as defined in subdivision six of this
     4  section.
     5    3.  "Farm  products"  means  any  agricultural, dairy or horticultural
     6  product or any product designed or intended  for  human  consumption  or
     7  prepared  principally from an agricultural, dairy or horticultural prod-
     8  uct.
     9    4. "Consumable" means fit for human  consumption  notwithstanding  any
    10  damage  to  packaging or temporal proximity to a used by or sell by date
    11  affixed to the item but shall not include damaged canned goods.
    12    5. "Non-consumable" means unfit for human consumption because of spoi-
    13  lage, adulteration, contamination, or reasonable likelihood it would  be
    14  harmful  to  human  health.  This  term  shall  not include food or farm
    15  products not readily marketable due  to  appearance,  freshness,  grade,
    16  surplus,  or  partial  unfitness  for  human consumption if the spoiled,
    17  adulterated, or contaminated portion of such food product can be  safely
    18  removed  and  the  remaining  food product can be utilized for processed
    19  human food or animal feed.
    20    6. "Damaged canned goods" means any  canned  goods  that  are  rusted,
    21  leaking, swollen, or punctured.
    22    7.  "Organic  waste"  means any non-consumable food or farm product in
    23  whole or in part including the contents of  damaged  canned  goods.  The
    24  term  shall also include any material found in the waste stream that can
    25  be broken down into, or otherwise become part of, usable  compost,  such
    26  as  food scraps, soiled paper, and plant trimmings. As determined by the
    27  commissioner, such term may also include disposable plastic food service
    28  ware and bags that meet the ASTM International  standard  specifications
    29  for compostable plastics, but shall not include liquids and textiles.
    30    8.  "Toxic  organic  waste"  means organic waste that has a reasonable
    31  likelihood of  causing  serious  illness  in  humans  or  animals  after
    32  composting because of contamination or adulteration.
    33    9. "Covered retail establishment" means any location at which a retail
    34  food store has a floor area of at least ten thousand square feet, or any
    35  retail  food  store that is part of a chain of three or more retail food
    36  stores that have a combined floor area space of at  least  ten  thousand
    37  square  feet  and  that  operate  under  common ownership or control and
    38  receive waste collection from the same entity.
    39    10. "Charitable or  nonprofit  organization"  means  any  organization
    40  which  is  exempt from federal or state income taxation, except that the
    41  term does not include organizations which sell or  offer  to  sell  such
    42  donated items of food.
    43    [5.]  11.  "Organized  gleaning"  means the harvest of an agricultural
    44  crop that has been donated by an owner, lessee, or occupant of  premises
    45  or  occupant of a farm by persons who are sponsored by a charitable not-
    46  for-profit organization.
    47    [6.] 12. "Game or wild game" means any deer or big game,  or  portions
    48  thereof, as defined in section 11-0103 of the environmental conservation
    49  law, taken by lawful hunting.
    50    [7.] 13. "Public food service establishment" means any building, vehi-
    51  cle, place or structure, or any room or division in a building, vehicle,
    52  place  or structure where food is prepared, served or sold for immediate
    53  consumption on or in the vicinity of the premises; called for  or  taken
    54  out  by  customers;  or  prepared  prior  to  being delivered to another
    55  location for consumption.

        A. 3418                             3
 
     1    § 4. Section 71-z of the agriculture and  markets  law,  as  added  by
     2  chapter 869 of the laws of 1980, subdivision 1 as amended by chapter 438
     3  of  the  laws  of  2010 and subdivision 3 as added by chapter 286 of the
     4  laws of 1984, is amended to read as follows:
     5    § 71-z. Liability   for  canned,  perishable  food  or  farm  products
     6  distributed free of charge. 1. Notwithstanding any  other  provision  of
     7  law,  a  good-faith donor of any apparently consumable canned or perish-
     8  able food, farm product, game or wild game, [apparently  fit  for  human
     9  consumption,]  to  a bona fide charitable or nonprofit organization, for
    10  free distribution, shall not be subject to  criminal  penalty  or  civil
    11  damages  arising  from  the  condition  of  the  food, if the said donor
    12  reasonably inspects the food at the time of donation and finds the  food
    13  apparently  [fit  for human consumption] consumable and unless the donor
    14  has actual or constructive  knowledge  that  the  food  is  adulterated,
    15  tainted,  contaminated  or  harmful  to  the health or well-being of the
    16  person consuming said food. Such good-faith donor shall include, but not
    17  be limited to, public food service  establishments  and  covered  retail
    18  establishments  as defined by sudivisions thirteen and nine, respective-
    19  ly, of section seventy-one-y of this article.
    20    2. [This section includes the good faith donation of canned or perish-
    21  able food or farm products not readily  marketable  due  to  appearance,
    22  freshness,  grade,  surplus  or  other  considerations, but shall not be
    23  deemed or construed to restrict the authority of any  lawful  agency  to
    24  otherwise regulate or ban the use of such food for human consumption.
    25    3.]  A  not-for-profit charitable organization shall provide liability
    26  insurance to persons engaged in gleaning activities organized  or  spon-
    27  sored by such charitable organization.
    28    §  5.  Article  4-D  of  the agriculture and markets law is amended by
    29  adding four new sections 71-aa,  71-bb,  71-cc  and  71-dd  to  read  as
    30  follows:
    31    §  71-aa. Required donation. 1. Every covered retail establishment, as
    32  defined in section seventy-one-y of this article, shall contract with  a
    33  charitable or nonprofit organization as defined in section seventy-one-y
    34  of  this  article  to  ensure  the good faith donation of all apparently
    35  consumable farm and food products.
    36    2. The wilful or wanton failure to donate  consumable  farm  and  food
    37  products shall be punishable by a fine of up to four thousand dollars.
    38    3.  Any  funds  collected  pursuant to subdivision two of this section
    39  shall be deposited in the New York state excess  food  fund  established
    40  pursuant to section ninety-seven-zzzz of the state finance law and shall
    41  be  used  for  administrative and enforcement costs associated with this
    42  article.
    43    § 71-bb. Intentional spoilage prohibited. 1. It shall be unlawful  for
    44  any  food  service  establishment or retail food seller to intentionally
    45  contaminate, spoil or cause to spoil a farm or food product  that  would
    46  otherwise be consumable.
    47    2. The intentional spoilage of a farm or food product shall be punish-
    48  able by a fine of up to four thousand dollars.
    49    3.  Any  funds  collected  pursuant to subdivision two of this section
    50  shall be deposited in the New York state excess  food  fund  established
    51  pursuant to section ninety-seven-zzzz of the state finance law and shall
    52  be  used  for  administrative and enforcement costs associated with this
    53  article.
    54    § 71-cc. Organic waste. Every covered retail establishment, as defined
    55  in section seventy-one-y of this article shall  contract  with  a  waste
    56  collection  entity,  or  through  its  own  facility,  provide  for  the

        A. 3418                             4
 
     1  collection of all non-toxic organic waste generated by  such  establish-
     2  ment, including damaged canned goods and food that has spoiled or is not
     3  suitable  for  human  consumption,  for  composting through anaerobic or
     4  aerobic digestion.
     5    §  71-dd. Administration. All fines collected pursuant to this article
     6  shall go into the New York excess  food  fund  established  pursuant  to
     7  section  ninety-seven-zzzz  of  the state finance law to be used for the
     8  administrative and enforcement costs associated with this article.
     9    § 6. The state finance law is amended by adding a new section  97-zzzz
    10  to read as follows:
    11    §  97-zzzz. New York state excess food fund. 1. There is hereby estab-
    12  lished in the joint custody  of  the  commissioner  of  agriculture  and
    13  markets  and  the  comptroller a fund to be known as the "New York state
    14  excess food fund".
    15    2. The fund shall consist of all monies appropriated for its  purpose,
    16  all  monies required by this section or any other provision of law to be
    17  paid into or credited to such fund. Whenever  a  lawsuit  results  in  a
    18  civil  judgment  for expenses already paid for by the fund, that portion
    19  of the civil judgment shall be paid into the fund. Nothing contained  in
    20  this subdivision shall prevent the department of agriculture and markets
    21  from receiving grants, gifts or bequests for the purposes of the fund as
    22  defined  in  this section and depositing them into the fund according to
    23  law.
    24    3. Monies of the fund, when allocated, shall be available pursuant  to
    25  section seventy-one-dd of the agriculture and markets law.
    26    4.  Monies  shall be payable from the fund on the audit and warrant of
    27  the state comptroller on vouchers approved and certified by the  commis-
    28  sioner of agriculture and markets for application toward the administra-
    29  tive  and  enforcement costs associated with article four-D of the agri-
    30  culture and markets law.
    31    § 7. This act shall take effect on the one hundred twentieth day after
    32  it shall have become a law. Effective immediately, the addition,  amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation  of  this act on its effective date are authorized to be made and
    35  completed on or before such effective date.
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