NY S05838

Requires covered retail establishments (stores with at least 10,000 square feet or chains of three or more stores with combined 10,000 square feet) to contract with charitable organizations to donate all apparently consumable farm and food products.

Prohibits food service establishments and retail food sellers from intentionally contaminating, spoiling, or causing spoilage of consumable farm or food products.

Requires covered retail establishments to contract with waste collection entities or provide their own facilities to collect all non-toxic organic waste, including damaged canned goods and spoiled food, for composting through anaerobic or aerobic digestion.

Establishes penalties of up to $4,000 in fines for willful or wanton failure to donate consumable food products or for intentional spoilage of food products.

Creates the New York State Excess Food Fund, jointly managed by the Commissioner of Agriculture and Markets and the State Comptroller, to be funded by collected fines and used for administrative and enforcement costs associated with the excess food act.