§ 71-Y — Definitions

New York § 71-Y

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 4-D: Liability For Canned, Perishable Food or Farm Products Distributed Free of Charge

Text

§ 71-y. Definitions. As used in this article: 1. "Perishable foods"\nmeans any food that may spoil or otherwise become unfit for human\nconsumption because of its nature, type or physical condition.\nPerishable food includes, but is not limited to, fresh or processed\nmeats, poultry, seafood, dairy products, bakery products, eggs in the\nshell, fresh fruits or vegetables and foods that have been packaged,\nrefrigerated or frozen, or otherwise require refrigeration to remain\nnonperishable. This definition shall not include game or wild game.\n 2. "Canned foods" means any canned food that has been hermetically\nsealed and commercially processed and prepared for human consumption,\nincluding canned or preserved fruits, vegetables or other articles of\nfood. There is specifically excluded for purposes of this section canned\ngoods that are rusted, leaking, swollen or canned goods that are\ndefective or cannot be otherwise offered for sale to members of the\ngeneral public.\n 3. "Farm products" means any agricultural, dairy or horticultural\nproduct or any product designed or intended for human consumption or\nprepared principally from an agricultural, dairy or horticultural\nproduct.\n 4. "Charitable or nonprofit organization" means any organization which\nis exempt from federal or state income taxation, except that the term\ndoes not include organizations which sell or offer to sell such donated\nitems of food.\n 5. "Organized gleaning" means the harvest of an agricultural crop that\nhas been donated by an owner, lessee, or occupant of premises or\noccupant of a farm by persons who are sponsored by a charitable\nnot-for-profit organization.\n 6. "Game or wild game" means any deer or big game, or portions\nthereof, as defined in section 11-0103 of the environmental conservation\nlaw, taken by lawful hunting.\n 7. "Public food service establishment" means any building, vehicle,\nplace or structure, or any room or division in a building, vehicle,\nplace or structure where food is prepared, served or sold for immediate\nconsumption on or in the vicinity of the premises; called for or taken\nout by customers; or prepared prior to being delivered to another\nlocation for consumption.\n