New York 2025-2026 Regular Session

New York Assembly Bill A10308

Introduced
2/20/26  

Caption

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.

Impact

The introduction of this bill is expected to positively impact consumers by reducing costs associated with prepared meals, which may encourage local dining and food purchases during the holiday season. The bill also mandates that the state reimburse local governments for any revenue losses incurred due to the tax holiday, based on their previous year's taxable sales. This provision aims to ease concerns that local budgets might be negatively affected by the implementation of the tax holiday. The economic impact analysis, to be conducted two years post-enactment, will assess the effectiveness of the holiday in stimulating consumer spending in the food sector.

Summary

Bill A10308 seeks to introduce an annual food tax holiday in New York State, exempting certain prepared food items from state and local sales taxes. The bill defines 'covered items' to include hot and cold prepared foods intended for immediate consumption, ready-to-eat items from grocery stores, delis, and restaurants, including takeout and delivery orders. Notably, the bill excludes items such as alcoholic beverages, tobacco, pet food, and dietary supplements from the tax exemption to narrow its focus on food consumption. This two-week tax holiday would occur annually in either November or December, providing temporary tax relief to consumers during the holiday season.

Contention

Despite its perceived advantages, the bill has generated discussions regarding the potential complexities it introduces into tax administration across local governments. Concerns have been raised about the additional responsibilities on the Department of Taxation and Finance in providing guidance on the classification of 'covered items' and ensuring compliance among retailers. Additionally, stakeholders may debate the effectiveness of such tax incentives in genuinely boosting local economies, particularly in urban municipalities where expenditure on dining may be limited. Opponents of the bill could argue that while it aims to provide relief to consumers, it also complicates tax revenue streams and may not address the underlying cost challenges faced by residents in higher-priced areas.

Companion Bills

NY S10101

Same As 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.

Previously Filed As

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.

NY A09319

Exempts retail food stores from various state and local taxes provided such store derives at least seventy percent of its annual gross sales from staple foods and food products for off-premises consumption.

NY H8415

Prohibits the use of black plastic takeout containers for use to take prepared foods and drinks from restaurants, stores, and other retail sales establishments.

NY HB1632

Relating to an exemption from sales and use taxes for animal food intended for consumption by domesticated animals.

NY A1019

Limits service fees charged to restaurants by third-party food takeout and delivery applications.

NY HB1999

Town of Oakland; extend repeal date on tax on restaurants and prepared food at convenience stores.

NY S09565

Establishes school-based food pantries in high-need schools in the city school district of the city of New York; provides for funding from state sales and compensating use taxes imposed on receipts from the retail sale of hot and prepared food sold by supermarkets and grocery stores within the state.

NY A09556

Establishes school-based food pantries in high-need schools in the city school district of the city of New York; provides for funding from state sales and compensating use taxes imposed on receipts from the retail sale of hot and prepared food sold by supermarkets and grocery stores within the state.

NY S00428

Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.

NY A05207

Requires chain restaurants to place an icon on menus next to food items that have a high content of sodium.

Similar Bills

No similar bills found.