File #: Int 0491-2022    Version: * Name: Reducing civil penalties where food service establishments donate left over food.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Small Business
On agenda: 6/2/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to reducing civil penalties where food service establishments donate left over food
Sponsors: Julie Menin, Shaun Abreu, Lincoln Restler, Pierina Ana Sanchez, Mercedes Narcisse, Lynn C. Schulman, Diana I. Ayala
Council Member Sponsors: 7
Summary: The proposed bill would require the Department of Sanitation and the Department of Consumer Affairs to establish a food donation program where food service establishments could have the civil penalties for eligible violations waived if they agree to donate their excess food.
Attachments: 1. Summary of Int. No. 491, 2. Int. No. 491, 3. June 2, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 6-2-22, 5. Minutes of the Stated Meeting - June 2, 2022, 6. Committee Report 1/30/23, 7. Hearing Testimony 1/30/23, 8. Hearing Transcript 1/30/23

Int. No. 491

 

By Council Members Menin, Abreu, Restler, Sanchez, Narcisse, Schulman and Ayala

 

A Local Law to amend the administrative code of the city of New York, in relation to reducing civil penalties where food service establishments donate left over food

 

Be it enacted by the Council as follows:

 

                     Section 1. Chapter 1 of title 16 of the administrative code of the city of New York is amended by adding a new section 16-144 to read as follows:

                     § 16-144 Food donations. a. As used in this section, the following terms have the following meanings:

                     Eligible violation. The term “eligible violation” means (i) a violation which is set forth in rule by the department as eligible for the food donation program and (ii) a violation issued for a failure to comply with any provision of the code or the rules of the city of New York, which is enforced by the department and requires source separation, the recycling of designated materials or the posting of signage.

                     Food service establishment. The term “food service establishment” means a premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off of the premises or is provided from a pushcart, stand or vehicle and shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts and cafeterias.

                     Not-for-profit corporation. The term “not-for-profit corporation” means a not-for-profit corporation as defined in subparagraph 5 or subparagraph 7 of subdivision a of section 102 of the New York state not-for-profit corporation law.

                     Qualifying excess food. The term “qualifying excess food” means food that (i) such food service establishment does not intend to make, or intends to stop making available to its customers and (ii) meets all quality and labeling standards imposed by federal, state and local laws and rules.

                      b. Notwithstanding any other provision of law, the commissioner shall establish a food donation program. Such program shall allow an owner of a food service establishment who is issued an eligible violation to have the civil penalties for such violation waived where such owner (i) had not received the same or a substantially similar violation within the six month period prior to the issuance of such eligible violation, (ii) enters into an agreement, approved by the department, with a not-for-profit corporation to donate such establishment’s qualifying excess food for a period to be determined by the department and (iii) provides to the department, at the end of such period, a statement from such not-for-profit corporation certifying that such establishment has donated its qualifying excess food over such period.

                     c. An owner who enters into such a regulatory agreement pursuant to subdivision b of this section and is found not to be in compliance with such agreement shall have the original civil penalty reinstated and doubled.

                     § 2. Title 20 of the administrative code of the city of New York is amended by adding a new chapter 16 to read as follows:

CHAPTER 16

INCENTIVIZING FOOD DONATIONS

                     § 20-1601 Incentivizing food donations.

 

                     

                     § 20-1601 Incentivizing food donations. a. As used in this chapter, the following terms have the following meanings:

                     Eligible violation. The term “eligible violation” means (i) a violation which is set forth in rule by the department as eligible for the food donation program and (ii) a violation which is issued for a failure to comply with any provision of the code or the rules of the city of New York which is enforced by the department and requires the display of prices, the accuracy of scanners or the posting of signage.

                     Food service establishment. The term “food service establishment” means a premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off of the premises or is provided from a pushcart, stand or vehicle and shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts and cafeterias.

                     Not-for-profit corporation. The term “not-for-profit corporation” means a not-for-profit corporation as defined in subparagraph 5 or subparagraph 7 of subdivision a of section 102 of the New York state not-for-profit corporation law.

                     Qualifying excess food. The term “qualifying excess food” means food that (i) such food service establishment does not intend to make, or intends to stop making available to its customers and (ii) meets all quality and labeling standards imposed by federal, state and local laws and rules.

                     b. Notwithstanding any other provision of law, the commissioner shall establish a food donation program. Such program shall allow an owner of a food service establishment who is issued an eligible violation to have the civil penalties for such violation waived where such owner (i) has not received the same or a substantially similar violation within the six month period prior to the issuance of such eligible violation, (ii) enters into an agreement, approved by the department, with a not-for-profit corporation to donate such establishment’s qualifying excess food for a period to be determined by the department and (iii) provides to the department, at the end of such period, a statement from such not-for-profit corporation certifying that such establishment has donated its qualifying excess food over such period.

                     c. An owner who enters into such a regulatory agreement pursuant to subdivision b of this section and is found not to be in compliance with such agreement shall have the original civil penalty reinstated and doubled.

                     § 3. This local law takes effect 180 days after it becomes law.

 

 

Session 12

IP

LS #8463

5/23/22 3:45pm

 

Session 11

JW, SSY

LS #961

Int. #568-2018