New York A 5639: Relates to the enactment of the New York State Excess Food Act

Bill Text

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A05639 Summary:

BILL NOA05639 

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SAME ASSAME AS S04180

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SPONSORPretlow

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COSPNSR

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MLTSPNSR

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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

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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.

Go to top A05639 Actions:

BILL NOA05639 

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02/18/2025referred to agriculture

01/07/2026referred to agriculture

Go to topA05639 Committee&nbspVotes:

Go to topA05639 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05639 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5639

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 18, 2025
 ___________

 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. Short title. This act shall be known and may be cited as
 2 the "New York 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.
 LBD07785-01-5

 A. 5639 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