Bill

Bill > S10101


NY S10101

NY S10101
Establishes an annual food tax holiday exempting sales taxes on certain currently taxable food items, including hot and cold prepared foods intended for immediate consumption, and any other ready-to-eat item sold in a grocery store, deli or food counter, meals purchased at a restaurant including takeout and delivery orders, in November or December.


summary

Introduced
04/28/2026
In Committee
04/28/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the tax law, in relation to implementing a cost-prohibitive food tax holiday that suspends state and local sales tax on certain currently taxable food items

AI Summary

This bill establishes an annual two-week "food tax holiday" during November or December, during which state and local sales taxes will be suspended on certain prepared food items, including hot and cold prepared foods for immediate consumption, ready-to-eat items from grocery stores, delis, or food counters, and restaurant meals, including takeout and delivery orders, up to a purchase limit of $250. The bill specifies that this exemption does not apply to alcoholic beverages, tobacco, cannabis products, dietary supplements, pet food, catering contracts, soft drinks, sweetened beverages, or energy drinks, and the Commissioner of Taxation and Finance will further define "covered items" and provide guidance. Retailer participation is voluntary, but those who opt in may face penalties for noncompliance, and the state will reimburse local governments for lost tax revenue. The bill also allows cities with a population of one million or more to elect to provide this exemption through a local resolution. Finally, the Department of Taxation and Finance will conduct an economic impact analysis of the tax holiday two years after its effective date and report the findings to state leadership.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

REFERRED TO BUDGET AND REVENUE (on 04/28/2026)

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