STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
Requires certain supermarkets, grocery stores, and food suppliers to donate food under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning food donations and amending and supplementing P.L.1982, c.178.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1982, c.178 (C.24:4A-2) is amended to read as follows:
2. As used in this act:
"Donate" means to provide food free of charge or for a fee sufficient only to cover the cost of storing, transporting, or otherwise handling the food.
"Donor" includes, but is not limited to, any farmer, processor, distributor, or wholesaler or retailer of perishable or prepared food, a public or nonpublic school, [or] an institution of higher education in this State, a food supplier, or a supermarket or grocery store in this State.
"Food" means articles used for food or drink for humans and articles used for components of any such article.
"Food bank" means a nonprofit food clearinghouse that solicits, stores, and distributes donations of edible but unmarketable surplus food. The food is distributed to nonprofit organizations that feed the needy.
"Food supplier means an entity located in this State that distributes or sells food to a supermarket or grocery store.
"Gleaner" means a person who harvests for distribution an agricultural food that has been donated by the owner.
"Nonprofit organization" means an organization incorporated under the provisions of Title 15 or Title 16 of the Revised Statutes of New Jersey, an organization exempt from taxation under section 501(c) (3) of the Internal Revenue Code or an entity to which a charitable contribution as defined under subsection (c) of section 170 of the Internal Revenue Code is deductible under section 170.
"Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. Perishable food includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables and foods that have been canned or otherwise processed and packaged and which may or may not require refrigeration or freezing.
"Prepared food" means food commercially processed and prepared for human consumption.
"Supermarket or grocery store" means a retail outlet operating in a closed structure with an area greater than 16,000 square feet, ofwhich at least 90 percent is occupied by food and related products.
(cf: P.L.2017, c.311, s.1)
2. A supermarket, grocery store, or food supplier shall make a reasonable effort to donate all food that is fit for human consumption, but that would otherwise be discarded in the normal course of business by the supermarket, grocery store, or food supplier, to a food bank, a nonprofit organization, or to any person.
3. This act shall take effect 180 days after the date of enactment.
STATEMENT
This bill requires certain supermarkets, grocery stores, and food suppliers to donate food under certain circumstances.
Under the bill, a supermarket, grocery store, or food supplier is to make a reasonable effort to donate all food that is fit for human consumption, but which would otherwise be discarded in the normal course of business by the supermarket, grocery store, or food supplier, to a food bank, a nonprofit organization, or to any person.
The bill defines "supermarket or grocery store" to mean a retail outlet operating in a closed structure with an area greater than 16,000 square feet, of which at least 90 percent is occupied by food and related products.