New York 2025-2026 Regular Session

New York Senate Bill S10101

Introduced
4/28/26  

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 bill aims to alleviate the financial burden on consumers during the holiday season by reducing the overall cost of food purchases. Additionally, it establishes a system for local governments to be reimbursed for any revenue losses incurred due to the tax holiday, based on previous taxable sales data. This financial safety net is intended to ensure participation from local governments, particularly those that may rely heavily on sales tax revenue from food items. The Department of Taxation and Finance is entrusted with monitoring the program and will provide guidance on what constitutes covered items and retailer qualifications.

Summary

Bill S10101 proposes an annual food tax holiday that suspends state and local sales tax on specific currently taxable food items. This initiative includes hot and cold prepared foods intended for immediate consumption, ready-to-eat items sold in grocery stores or delis, as well as meals purchased in restaurants, including takeout and delivery orders. The designated tax holiday is set to begin one year after the effective date of the bill, lasting two weeks during either November or December, contingent upon a date chosen by the commissioner of taxation and finance. However, items like alcoholic beverages and dietary supplements are explicitly excluded from this exemption.

Contention

Debates surrounding the bill are likely to arise from concerns about the sustainability of tax revenue for local governments, as well as the potential regulatory complexity of defining and managing the participating retailers. Some stakeholders may express concerns about whether the exclusion of certain products compromises the intent of the holiday or creates confusion among consumers and businesses. Moreover, the requirement for local governments to opt-in for the exemption and the nuances of participation could lead to disparities in how different jurisdictions implement or benefit from the food tax holiday.

Companion Bills

NY A10308

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 A10308

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 HB1999

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

NY A1019

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

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.