Bill Text: NY A04083 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the "New York state food donation act" encouraging the donation of excess food by state agencies and contractors to food assistance programs to benefit food-insecure people within the state.

Spectrum: Slight Partisan Bill (Republican 13-8)

Status: (Introduced) 2019-02-01 - referred to governmental operations [A04083 Detail]

Download: New_York-2019-A04083-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4083
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M.  of  A.  RA, DiPIETRO, LAWRENCE, GARBARINO, MOSLEY --
          Multi-Sponsored by -- M.   of A. BLAKE,  BRABENEC,  BUCHWALD,  CROUCH,
          GIGLIO,  GUNTHER,  McDONOUGH,  B. MILLER,  M. G. MILLER, M. L. MILLER,
          MONTESANO, MORINELLO, ORTIZ, RAIA, VANEL, WILLIAMS --  read  once  and
          referred to the Committee on Governmental Operations
        AN  ACT  to amend the executive law and the agriculture and markets law,
          in relation to the donation of  excess  food  by  state  agencies  and
          contractors to food assistance programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York state food donation act".
     3    § 2. The executive law is amended by adding a new article 16-B to read
     4  as follows:
     5                                ARTICLE 16-B
     6               FOOD DONATION BY STATE AGENCIES AND CONTRACTORS
     7  Section 340. Statement of legislative findings and purposes.
     8          341. Definitions.
     9          342. Food donation by agencies and contractors.
    10          343. Costs.
    11          344. Liability.
    12          345. Food donation guidelines.
    13    § 340. Statement of legislative findings and purposes. 1. The legisla-
    14  ture  finds  that  there are numerous food-insecure families in New York
    15  who experience difficulty obtaining affordable,  nutritious  food  on  a
    16  daily  basis  who  would  be  helped by donation of excess food by state
    17  agencies and contractors. In 1996 the United States Congress passed  the
    18  Bill Emerson Good Samaritan Food Donation Act, which protects good-faith
    19  donors  who  donate  food  to  nonprofit feeding programs from civil and
    20  criminal liability at the federal level. The Bill Emerson Good Samaritan
    21  Food Donation Act covers donation of all food and grocery products  that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02357-02-9

        A. 4083                             2
     1  meet  quality and labeling standards imposed by federal, state and local
     2  laws and regulations, even though the food may not be "readily  marketa-
     3  ble  due  to age, freshness, grade, size, surplus, or other conditions".
     4  Congress  later  passed  the  Federal  Food  Donation  Act of 2008 which
     5  encourages executive agencies and contractors of executive  agencies  to
     6  donate excess food to food-insecure people and keep it out of land fill.
     7  The legislature further finds that donations of excess food for consump-
     8  tion  by  food-insecure  people reduces greenhouse gas releases in land-
     9  fills which in turn reduces climate change.
    10    2. The legislature declares that it shall be the public policy of  the
    11  state  to reduce waste by encouraging state agencies and contractors, to
    12  the maximum extent practicable and safe, to  donate  excess,  apparently
    13  wholesome  food  to  food  assistance  programs to benefit food-insecure
    14  people within the state.
    15    § 341. Definitions. For the purposes of this  article,  the  following
    16  terms shall have the following meanings:
    17    1.  "agency"  means  any  state department, agency, board, commission,
    18  local education agency, municipality, office, public authority or public
    19  benefit corporation.
    20    2. "apparently wholesome food" means food that meets all  quality  and
    21  labeling  standards  imposed by federal, state, and local laws and regu-
    22  lations even though the food  may  not  be  readily  marketable  due  to
    23  appearance, age, freshness, grade, size, surplus, or other conditions.
    24    3. "contractor" means any person or entity that has a contract with an
    25  agency  for  public  works  or improvements to be performed, for a fran-
    26  chise, concession or lease of property, for grant monies  or  goods  and
    27  services  or supplies to be purchased at the expense of the agency or to
    28  be paid out of monies deposited in the treasury or out of  trust  monies
    29  under the control or collected by the agency.
    30    4.  "excess", when applied to food, means food that is not required to
    31  meet the needs of the agency or contractor and that would  otherwise  be
    32  discarded.
    33    5.  "food  assistance  program"  means  not-for-profit food assistance
    34  programs including, but not limited to, community  food  pantries,  food
    35  banks,  emergency  food programs, soup kitchens, and other community and
    36  not-for-profit organizations or  programs  that  provide  assistance  to
    37  food-insecure people within the state.
    38    6.  "food-insecure" means inconsistent access to sufficient, safe, and
    39  nutritious food.
    40    7. "local education agency" means a school district, board of  cooper-
    41  ative  educational services, community college, agricultural and techni-
    42  cal college, state university of New York college of  technology  and  a
    43  center  for  advanced  technology  designated  pursuant to section three
    44  thousand one hundred two-a of the  public  authorities  law,  and  other
    45  postsecondary providers of career education as set forth annually by the
    46  governor  in consultation and cooperation with the commissioner of agri-
    47  culture and markets as eligible recipients under the federal  vocational
    48  education act of nineteen hundred eighty-four.
    49    8. "municipality" means a village, town, city or county, or any desig-
    50  nated agency thereof.
    51    §  342.  Food  donation  by agencies and contractors. All agencies and
    52  contractors are encouraged, to the maximum extent practicable and  safe,
    53  to donate excess, apparently wholesome food to food assistance programs.
    54    § 343. Costs. In any case in which a contractor enters into a contract
    55  with  an  agency  under  which apparently wholesome food is donated to a
    56  food assistance program, the agency shall not assume responsibility  for

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     1  the  costs  and  logistics  of collecting, transporting, maintaining the
     2  safety of, or distributing the  excess,  apparently  wholesome  food  to
     3  food-insecure people under this article.
     4    § 344. Liability. An agency or contractor making donations pursuant to
     5  this  article  shall  be exempt from civil and criminal liability to the
     6  extent provided under 42 USC § 1791 and any other applicable sections of
     7  state or federal law.
     8    § 345. Food donation guidelines. 1. The governor, in consultation  and
     9  cooperation  with  the  commissioner  of  agriculture and markets, shall
    10  develop guidelines to encourage and facilitate agencies and  contractors
    11  to donate excess, apparently wholesome food to food assistance programs.
    12  Such guidelines may include, but need not be limited to:
    13    (a) a methodology to provide information to agencies, contractors, and
    14  food assistance programs of the provisions of such guidelines;
    15    (b)  a  means  by which agencies and contractors are provided with the
    16  names and addresses of nearby food assistance programs;
    17    (c) a means by which food assistance programs are  provided  with  the
    18  names  and  addresses  of  nearby  agencies and contractors who may make
    19  donations to food assistance programs;
    20    (d) notification to agencies and contractors of their ability to elect
    21  to donate excess, apparently wholesome food to food assistance programs;
    22  and
    23    (e) the provision of  information  and  technical  assistance  on  the
    24  manner of how to best donate excess, apparently wholesome food in a safe
    25  and sanitary manner.
    26    2.  Any  agency may promulgate rules, regulations, ordinances, or laws
    27  to take any and all reasonable actions necessary to implement this arti-
    28  cle. This article shall not be construed to limit the  authority  of  an
    29  agency  to  adopt,  implement, or, enforce requirements on management of
    30  excess food that are more stringent or comprehensive than  the  require-
    31  ments of this article.
    32    §  3.  Section  16  of  the  agriculture and markets law is amended by
    33  adding a new subdivision 50 to read as follows:
    34    50. Cooperate with the governor, pursuant to article sixteen-B of  the
    35  executive  law,  to  develop  guidelines  which  encourage  agencies and
    36  contractors to donate excess, apparently wholesome food to food  assist-
    37  ance programs.
    38    § 4. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law.
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