New York Laws
Title 22 - Food Donation and Food Scraps Recycling
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* NB Repealed December 31, 2026