Bill > A09329

This bill, known as the "New York State Food Rescue Tax Credit Act," establishes a tax credit for businesses that donate eligible food to qualified nonprofit food assistance organizations, aiming to reduce food waste and combat food insecurity. An "eligible nonprofit food assistance organization" is a charity recognized under federal law (501(c)(3)) that primarily distributes food to those in need. An "eligible taxpayer" includes various food-related businesses like farmers, manufacturers, distributors, and retailers. "Eligible food" refers to food fit for human consumption and compliant with safety laws, while "good food nutrition standards" are defined by the Department of Agriculture and Markets to align with federal and state dietary guidelines, prioritizing nutrient-dense options. A "qualified food donation" is eligible food meeting these standards, donated safely and accepted by a New York State charitable organization. The tax credit allows eligible taxpayers to claim 65% of the fair market value of qualified food donations, plus 100% of documented transportation and storage expenses. This credit is refundable, meaning any excess can be returned to the taxpayer, and it can also be transferred or sold to another eligible taxpayer. There are statewide limits on the total credit amount ($75 million annually) and individual taxpayer limits ($1.5 million annually). The bill also mandates the development of a statewide food rescue training program and a data dashboard to track key metrics related to food rescue efforts, and requires the Department of Taxation and Finance to establish reporting platforms and publish annual reports on the program's impact.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/A9329