NY S04435

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 or nonprofit organizations to donate all apparently consumable food and farm products.

Establishes liability protections for good-faith donors of apparently consumable canned, perishable food, and farm products to charitable organizations, protecting donors from criminal penalties and civil damages.

Prohibits food service establishments and retail food sellers from intentionally contaminating, spoiling, or causing spoilage of consumable farm or food products, with violations punishable by fines up to $4,000.

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

Creates the New York state excess food fund in the joint custody of the Commissioner of Agriculture and Markets and the State Comptroller, funded by fines collected from violations, to cover administrative and enforcement costs associated with the act.