N.Y. Environmental Conservation Law § 27-2218: Supermarket excess edible food

* § 27-2218. Supermarket excess edible food.

1. For the purpose of this section, "supermarket" means a physical

retail store which has at the subject location more than ten thousand

square feet devoted to offering food for human consumption for sale to

the general public and generates an annual average of less than two tons

per week of food scraps pursuant to subdivision one of section 27-2201

of this title.

2. Every supermarket shall from time to time make excess edible food

available to food relief organizations. No supermarket shall be required

to make available a particular quantity or level of excess edible food

or to transport or distribute any excess edible food.

3. A supermarket shall be deemed in compliance with this section if it

in good faith arranges with a food relief organization that has

requested in writing to collect excess edible food from the supermarket

for the collection of such excess edible food. The rights, liabilities

or immunity of any party under this section shall be governed pursuant

to the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791

et seq.), as of January seventh, two thousand eleven.

4. A supermarket may impose reasonable restrictions as to the time and

manner of collection by a food relief organization so as not to

interfere with its business operations.

5. A supermarket may, in accordance with any applicable laws, dispose

of any excess edible food which is not picked up by a food relief

organization within a reasonable time.

6. Nothing in this section shall be construed to supersede any state

or federal health laws or regulations regarding the handling of excess

edible food.

7. A supermarket that does not meet the requirements of this section

shall not be subject to the penalties specified in title twenty-seven of

article seventy-one of this chapter.

* NB Repealed December 31, 2026