N.Y. ENV Law § 27-2218

* § 27-2218. Supermarket excess edible food.\n 1. For the purpose of this section, "supermarket" means a physical\nretail store which has at the subject location more than ten thousand\nsquare feet devoted to offering food for human consumption for sale to\nthe general public and generates an annual average of less than two tons\nper week of food scraps pursuant to subdivision one of section 27-2201\nof this title.\n 2. Every supermarket shall from time to time make excess edible food\navailable to food relief organizations. No supermarket shall be required\nto make available a particular quantity or level of excess edible food\nor to transport or distribute any excess edible food.\n 3. A supermarket shall be deemed in compliance with this section if it\nin good faith arranges with a food relief organization that has\nrequested in writing to collect excess edible food from the supermarket\nfor the collection of such excess edible food. The rights, liabilities\nor immunity of any party under this section shall be governed pursuant\nto the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791\net seq.), as of January seventh, two thousand eleven.\n 4. A supermarket may impose reasonable restrictions as to the time and\nmanner of collection by a food relief organization so as not to\ninterfere with its business operations.\n 5. A supermarket may, in accordance with any applicable laws, dispose\nof any excess edible food which is not picked up by a food relief\norganization within a reasonable time.\n 6. Nothing in this section shall be construed to supersede any state\nor federal health laws or regulations regarding the handling of excess\nedible food.\n 7. A supermarket that does not meet the requirements of this section\nshall not be subject to the penalties specified in title twenty-seven of\narticle seventy-one of this chapter.\n * NB Repealed December 31, 2026\n