[First Reprint]

ASSEMBLY, No. 3056






Sponsored by:


District 3 (Cumberland, Gloucester and Salem)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)


District 11 (Monmouth)

Assemblyman  PARKER SPACE

District 24 (Morris, Sussex and Warren)


District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)


Co-Sponsored by:

Assemblywoman Phoebus, Assemblyman Clifton, Assemblywomen Handlin, N.Munoz, Assemblyman Auth, Assemblywoman Schepisi, Assemblyman Chiaravalloti, Assemblywomen Oliver, Quijano, Jasey, Assemblymen O'Scanlon, McKeon, Assemblywomen Pinkin and Pintor Marin






     Requires Department of Agriculture to develop voluntary guidelines to encourage school districts and institutions of higher education to donate excess food; extends “Food Bank Good Samaritan Act” protections to school districts.



     As reported by the Assembly Agriculture and Natural Resources Committee on May 19, 2016, with amendments.


An Act concerning the donation of excess food by school districts and institutions of higher education, supplementing Title 4 of the Revised Statutes, and amending P.L.1982, c.178.


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


      1.   a.  The Department of Agriculture, in consultation with the Department of Education, the Department of Health, and the Office of the Secretary of Higher Education, shall establish, or work with appropriate nonprofit organizations to establish, voluntary guidelines to encourage and facilitate the ability of school districts and institutions of higher education to donate excess, unused, edible food from meals served at schools to local voluntary food assistance programs including, but not limited to, food banks, food pantries, soup kitchens, and other nonprofit organizations that distribute food to the poor and the disadvantaged.

      b.   The guidelines shall include, but need not be limited to:

      (1)  information on food waste and the need of local voluntary food assistance programs for excess, unused, edible food;

      (2)  recommendations on how schools may incorporate this information into their curricula, and create programs and activities for the donation of excess, unused, edible food;

      (3)  information on the types of food that schools may donate to local voluntary food assistance programs;

      (4)  a cost-effective, safe, and sanitary means by which schools may donate excess, unused, edible food to local voluntary food assistance programs; and

      (5)  a means by which schools and local voluntary food assistance programs may connect with each other for the donation of excess, unused, edible food.

      c.   The Department of Education and the Office of the Secretary of Higher Education shall 1[distribute these guidelines to each school district and institution of higher education, respectively, and]1 publish the guidelines on their respective Internet websites.

      d.   The Department of Agriculture and the Department of Education shall coordinate the implementation of these guidelines with Jersey Fresh Farm to School Week and the New Jersey Farm to School Program, established pursuant to P.L.2011, c.10 (C.4:10-25.1 et seq.).


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

     2.    As used in this act:

     a.     "Donor" includes, but is not limited to, any farmer, processor, distributor, wholesaler , or retailer of perishable or prepared food, or [an] any school district or institution of higher education in this State;

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

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

     d.    "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;

     e.     "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;

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

     g.    "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.

(cf:  P.L.2012, c.68, s.1)


     3.    This act shall take effect immediately.