New York Assembly Bill A09329

New York 2025-2026 Regular Session

• Introduced: 12/10/25
• Refer: 12/10/25
• Refer: 1/7/26

Caption

Enacts the "New York state food rescue tax credit act" in relation to providing a tax credit for certain businesses that donate food to eligible nonprofit food assistance organizations.

Impact

If enacted, A09329 would amend the state's tax law to provide a credit equal to 65% of the fair market value for food donations made to eligible nonprofit organizations. It would also cover 100% of documented storage and transportation costs directly associated with such donations. The legislation is designed to strengthen the food assistance network within New York, reduce environmental impact by minimizing landfill waste, and ensure that food supports families in need. The changes would primarily affect businesses engaged in the food industry, such as farmers, distributors, and retailers, who would benefit financially from participating in food donation programs.

Summary

Bill A09329, known as the 'New York state food rescue tax credit act,' aims to establish a refundable and transferable state tax credit to incentivize businesses to donate surplus food rather than dispose of it. The legislation recognizes the significant challenge of food waste in New York, with over four million tons generated annually, much of which is still edible. By encouraging food donation, the bill seeks to alleviate food insecurity, which affects over 11% of households in the state, particularly in the context of recent federal reductions in nutrition assistance programs.

Contention

The bill's proponents argue that it will create a significant positive impact by redirecting nutritious food to those in need, thus addressing both food insecurity and environmental concerns related to waste disposal. However, there may be contention regarding the implementation of this tax credit, such as ensuring the proper documentation and the oversight of granted credits to prevent misuse. The fiscal implications of the tax credit cap, set at $75 million, could also lead to debates about its effectiveness and sustainability in the long term.