This bill amends Environmental Conservation Law by extending the Food Excess Act through 2031, requiring supermarkets and grocery stores to provide excess edible food to food relief organizations.
In 2021, New York State passed legislation requiring supermarkets and grocery stores to donate edible excess food to not-for-profit organizations such food banks and pantries, soup-kitchens, or community-based organizations that provide free food to those in need. This bill would extend the existing law until 2031.
Food insecurity affected more than 50 million Americans in 2020, an increase of 13 million since 2018. Much of this increase was due to job losses and the economic downturn resulting from the COVID-19 pandemic. In July 2020, almost one-third of New Yorkers reported not having enough food to eat, and 11 percent reported accessing free food from distribution sites such as food pantries and schools. Without food distribution sites, there would likely be even more New Yorkers struggling with food insecurity. Those sites rely on donations because most are non-profit organizations with minimal budgets for purchases.
According to a US Environmental Protection Agency 2025 report, American families are losing $3,000 annually on wasted food, while 40% of food ends up in landfills. This is food that could be consumed or donated to local food banks. Instead, it contributes to approximately 58% of fugitive methane emissions from municipal solid waste landfills. Recent data from the United States Department of Agriculture (USDA) found one in eight New York households (about 954,480 families) were unable to acquire enough food due in 2021-2023. In a time where SNAP benefits are at risk, we must ensure New Yorkers have additional access to nutritious food. Continuing to require supermarkets and grocery stores to donate excess food to local non-profits is critical in addressing food waste and food insecurity across New York.
