SENATE, No. 3106

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 5, 2020

 


 

Sponsored by:

Senator  STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

Senator  NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Authorizes voluntary donation of expired food or food waste to farmers; authorizes donations if farmer waives liability.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the donation of expired food and food waste to farmers and supplementing Title 24 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, any retail seller or distributor may donate expired food or food waste to a farmer for use as animal feed, provided the farmer signs and submits to the retail seller or distributor a liability waiver stating that the person signing the waiver:

     (1)   understands and accepts the potential dangers and negative impacts for people or animals consuming expired food or food waste;

     (2)   releases the retail seller or distributor from any liability with regard to the donated expired food or food waste; and

     (3)   waives any right to legal action as a result of accepting the donated expired food or food waste.

     b.    The Department of Agriculture may, through the Farm Liaison established pursuant to section 1 of P.L.2019, c.94 (C.4:1-48):

     (1)   collaborate with farmers and retail sellers and distributors to develop contacts and networks to request, process, and receive expired food or food waste donations; and

     (2)   coordinate communications about expired food or food waste available for donation and distribution.

     c.     As used in this section:

     "Expired food or food waste" means any produce, meat, fish, seafood, poultry, eggs, dairy products, or any other food that has passed its best-by or sell-by date, or has spoiled, or leftover food from preparation of food for patrons of a restaurant, or that otherwise has become unsuitable for sale and the grocery store, restaurant, supermarket, or other retail seller or distributor of the food otherwise would be required by law, rule, or regulation to dispose of the food.

     "Retail seller or distributor" means a grocery store, restaurant, supermarket, or other business that sells, distributes, or offers for retail sale or distribution any produce, meat, fish, seafood, poultry, eggs, dairy products, or any other food for human consumption.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill authorizes any retail seller or distributor to donate expired food or food waste to a farmer for use as animal feed, provided the farmer signs and submits to the retail seller or distributor a liability waiver.

     The bill also directs the Farm Liaison, established pursuant to P.L.2019, c.94 (C.4:1-48), to:

     1) collaborate with farmers and retail sellers and distributors to develop contacts and networks to request, process, and receive expired food or food waste donations; and

     2) coordinate communications about expired food or food waste available for donation and distribution.

     The bill specifies the liability waiver provide that the person signing the waiver:

     1) understands and accepts the potential dangers and negative impacts for people or animals consuming expired food or food waste;

     2) releases the retail seller or distributor from any liability with regard to the donated expired food or food waste; and

     3) waives any right to legal action as a result of accepting the donated expired food or food waste.