Requires certain supermarkets, grocery stores, and food suppliers to donate food under certain circumstances.

A2353

ASSEMBLY, No. 2353

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WILLIAM F. MOEN, JR.

District 5 (Camden and Gloucester)

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

Co-Sponsored by:

Assemblymen Miller, Calabrese, Assemblywomen Collazos-Gill
and Reynolds-Jackson

SYNOPSIS

���� Requires certain supermarkets, grocery stores, and
food suppliers to donate food under certain circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning food donations and
amending and
supplementing P.L.1982, c.178
.

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

���� 1.��� Section 2 of P.L.1982,
c.178 (C.24:4A-2) is amended to read as follows:

���� 2.��� As used in this act:

���� "Donate" means to
provide food free of charge or for a fee sufficient only to cover the cost of
storing, transporting, or otherwise handling the food.

���� "Donor" includes,
but is not limited to, any farmer, processor, distributor, or wholesaler or
retailer of perishable or prepared food, a public or nonpublic school,
[
or
]
an
institution of higher education in this State
, a food supplier, or a
supermarket or grocery store in this State
.

���� "Food" means
articles used for food or drink for humans and articles used for components of
any such article.

���� "Food bank" means a
nonprofit food clearinghouse that solicits, stores, and distributes donations
of edible but unmarketable surplus food. The food is distributed to nonprofit
organizations that feed the needy.

����
"Food supplier� means
an entity located in this State that distributes or sells food to a supermarket
or grocery store.

���� "Gleaner" means a
person who harvests for distribution an agricultural food that has been donated
by the owner.

���� "Nonprofit
organization" means an organization incorporated under the provisions of
Title 15 or Title 16 of the Revised Statutes of New Jersey, an organization
exempt from taxation under section 501(c) (3) of the Internal Revenue Code or
an entity to which a charitable contribution as defined under subsection (c) of
section 170 of the Internal Revenue Code is deductible under section 170.

���� "Perishable food"
means any food that may spoil or otherwise become unfit for human consumption
because of its nature, type, or physical condition.� Perishable food includes,
but is not limited to, fresh or processed meats, poultry, seafood, dairy
products, bakery products, eggs in the shell, fresh fruits or vegetables, and
foods that have been canned or otherwise processed and packaged and which may
or may not require refrigeration or freezing.

���� "Prepared food"
means food commercially processed and prepared for human consumption.

����
"Supermarket or
grocery store" means a retail outlet operating in a closed structure with
an area greater than 16,000 square feet, of which at least 90 percent is
occupied by food and related products.

(cf: P.L.2017, c.311, s.1)

���� 2.� A supermarket, grocery
store, or food supplier shall make a reasonable effort to donate all food that
is fit for human consumption, but that would otherwise be discarded in the
normal course of business by the supermarket, grocery store, or food supplier,
to a food bank, a nonprofit organization, or to any person.

���� 3.� This act shall take effect
180 days after the date of enactment.

STATEMENT

����� This bill requires certain supermarkets, grocery
stores, and food suppliers to donate food under certain circumstances.

����� Under the bill, a supermarket, grocery store, or food
supplier is to make a reasonable effort to donate all food that is fit for
human consumption, but which would otherwise be discarded in the normal course
of business by the supermarket, grocery store, or food supplier, to a food
bank, a nonprofit organization, or to any person.

����� The bill defines "supermarket or grocery
store" to mean a retail outlet operating in a closed structure with an
area greater than 16,000 square feet, of which at least 90 percent is occupied
by food and related products.