Bill > A03385

This bill establishes a tax credit for grocery stores, food brokers, wholesalers, restaurateurs, and catering services that donate surplus or near-expiration food to eligible food pantries in New York State. The tax credit will be equal to 25% of the wholesale value of donated food, with a maximum annual credit of $5,000 per taxpayer, applicable for taxable years beginning on or after January 1, 2026. Qualified donations include apparently wholesome food like fruits, vegetables, meats, poultry, eggs, and dairy products that might otherwise go to waste. To claim the credit, businesses must obtain a receipt from the food pantry documenting the donation, including details such as the date, location, and description of the food. Eligible food pantries must be 501(c)(3) tax-exempt organizations operating within New York State. The bill allows for any unused tax credit to be treated as an overpayment and potentially refunded, though no interest will be paid on the refund. This legislation aims to incentivize food donations, reduce food waste, and support emergency food programs by providing a financial benefit to businesses that contribute surplus food to local food pantries.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/A3385