N.Y. Agriculture & Markets Law § 71-y: Definitions

§ 71-y. Definitions. As used in this article: 1. "Perishable foods"

means any food that may spoil or otherwise become unfit for human

consumption because of its nature, type or physical condition.

Perishable food includes, but is not limited to, fresh or processed

meats, poultry, seafood, dairy products, bakery products, eggs in the

shell, fresh fruits or vegetables and foods that have been packaged,

refrigerated or frozen, or otherwise require refrigeration to remain

nonperishable. This definition shall not include game or wild game.

2. "Canned foods" means any canned food that has been hermetically

sealed and commercially processed and prepared for human consumption,

including canned or preserved fruits, vegetables or other articles of

food. There is specifically excluded for purposes of this section canned

goods that are rusted, leaking, swollen or canned goods that are

defective or cannot be otherwise offered for sale to members of the

general public.

3. "Farm products" means any agricultural, dairy or horticultural

product or any product designed or intended for human consumption or

prepared principally from an agricultural, dairy or horticultural

product.

4. "Charitable or nonprofit organization" means any organization which

is exempt from federal or state income taxation, except that the term

does not include organizations which sell or offer to sell such donated

items of food.

5. "Organized gleaning" means the harvest of an agricultural crop that

has been donated by an owner, lessee, or occupant of premises or

occupant of a farm by persons who are sponsored by a charitable

not-for-profit organization.

6. "Game or wild game" means any deer or big game, or portions

thereof, as defined in section 11-0103 of the environmental conservation

law, taken by lawful hunting.

7. "Public food service establishment" means any building, vehicle,

place or structure, or any room or division in a building, vehicle,

place or structure where food is prepared, served or sold for immediate

consumption on or in the vicinity of the premises; called for or taken

out by customers; or prepared prior to being delivered to another

location for consumption.