Explore ReFED Insights Engine
(Last Updated 03/22/2024)
New York Food Waste Policy
New York Date Labeling Regulations
Rating: No Policy
New York does not have any laws that bear on food date labels.
Overview
Date labels are the dates on food packaging that are accompanied by phrases such as "use by," "best before," "sell by," "enjoy by," and "expires on." Date labels are almost entirely unregulated under federal law, except for infant formula and some very limited instances related to poultry and egg products. Because federal law is so limited, states have broad discretion to regulate date labels, which has resulted in a patchwork of date label regulation across the United States. The inconsistency in date label laws leads to food waste because consumers may discard food after the date on the package due to confusion about product safety and retailers or manufacturers may discard food due to confusion about selling or donating the past-date food.
New York Liability Protection Regulations
Rating: Moderate Policy
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act.
Overview
The Bill Emerson Good Samaritan Food Donation Act, as amended by the Food Donation Improvement Act, provides a strong federal baseline of protection for food donors against state and federal liability claims. It covers individuals, businesses, schools, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, or, if the donor is a qualified direct donor, they may donate food directly to needy individuals. Donated food must meet all quality and labeling standards imposed by federal, state and local laws and regulations. A state’s liability protection law can provide more, but not less, protection than the Emerson Act.
New York TAX INCENTIVES
Rating: Moderate Policy
N.Y. Tax Law §210-B(52)
Under N.Y. Tax Law §210-B(52), farmers are eligible for a tax credit for donations of apparently wholesome food that meets all quality and labeling standards to IRC § 501(c)(3) NY food banks, pantries, or other emergency food programs. The credit is valued at 25% of the fair market value of the qualified donations, not to exceed $5,000 per tax year.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
New York FOOD SAFETY
Rating: Moderate Policy
Comprehensive Business Guidance; Share Table Guidance; Guidance on Donating Excess Food
New York provides share table guidance for schools and comprehensive donation guidance for businesses covered by the organic waste ban. The guidance includes storage and labeling requirements, as well as direction in communicating with local food banks. NY also shares a general guidance document for food donors which addresses food safety.
Overview
States often base their food safety regulations on the model food safety regulations for restaurants and retail stores within the FDA Food Code. While the Food Code states that food donation is permitted, it does not specify which food safety laws or regulations pertain to the food donation context. Without guidance or clarity coming from a governmental entity, food donors will often refuse to donate their safe, wholesome food. States vary broadly in terms of the level of guidance they provide on food safety rules for food donation, often providing limited guidance for a specialized context, such as share tables in schools, or no guidance at all.
New York Animal Feed Regulations
Rating: Strong Policy
N.Y. AGM. Law §§ 72-a
New York policy mirrors federal policy and does not include any additional requirements; therefore, we consider it a Strong Policy.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
New York Organic Waste Recycling Laws
Rating: Weak Policy
N.Y. Envtl. Conservation Law §§ 27-2201 – 27-2219.
Businesses, nonprofits, government entities, and other organizations that produce more than 2 tons/week must separate and recycle organic waste. Generators must donate excess edible food for human consumption to the maximum extent possible. Exemptions apply if the entity is located greater than 25 miles from an organics processing facility. Healthcare facilities, such as hospitals and nursing homes, and elementary and secondary schools are excluded from the requirements of the law. The law also creates an exemption for generators in New York City, which has an independent organic waste recycling ordinance.
New York City Municipal Ordinance
Rating: Moderate Policy
N.Y.C. ADMIN. CODE § 16-306.1
Covered entities must separate their organic material and either send to a composting, AD, or other processing facility, or process it on-site. Entities include: Food service establishments in hotels with 100 or more rooms; arenas and stadiums with a seating capacity of 15,000 or more people; food manufacturers with a floor area of 25,000 sq. ft. or more; food wholesalers with a floor area of 20,000 sq. ft. or more; food service establishments with floor areas of at least 7,000 sq. ft. or chains with combined area of at least 8,000 sq. ft.; food preparation establishments with a floor area of at least 6,000 sq ft; catering establishments for events greater than 100 people; food service establishments that are part of chains with at least 100 locations; food retailers with floor areas of at least 10,000 sq. ft. or chains with a combined area of at least 10,000 sq. ft.; and sponsors of public events. Some waivers apply.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.