2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 4-D - (71-Y - 71-Z) LIABILITY FOR CANNED, PERISHABLE FOOD OR FARM PRODUCTS DISTRIBUTED FREE OF CHARGE
71-Y - Definitions.

 
    § 71-y. Definitions.  As  used  in this article: 1. "Perishable foods"
  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  packaged,
  refrigerated  or  frozen,  or  otherwise require refrigeration to remain
  nonperishable. This definition shall not include game or wild game.
    2. "Canned foods" means any canned food  that  has  been  hermetically
  sealed  and  commercially  processed and prepared for human consumption,
  including canned or preserved fruits, vegetables or  other  articles  of
  food. There is specifically excluded for purposes of this section canned
  goods  that  are  rusted,  leaking,  swollen  or  canned  goods that are
  defective or cannot be otherwise offered for  sale  to  members  of  the
  general public.
    3.  "Farm  products"  means  any  agricultural, dairy or horticultural
  product or any product designed or intended  for  human  consumption  or
  prepared  principally  from  an  agricultural,  dairy  or  horticultural
  product.
    4. "Charitable or nonprofit organization" means any organization which
  is exempt from federal or state income taxation, except  that  the  term
  does  not include organizations which sell or offer to sell such donated
  items of food.
    5. "Organized gleaning" means the harvest of an agricultural crop that
  has been donated by  an  owner,  lessee,  or  occupant  of  premises  or
  occupant  of  a  farm  by  persons  who  are  sponsored  by a charitable
  not-for-profit organization.
    6. "Game or wild game"  means  any  deer  or  big  game,  or  portions
  thereof, as defined in section 11-0103 of the environmental conservation
  law, taken by lawful hunting.
    7.  "Public  food  service establishment" means any building, vehicle,
  place or structure, or any room or  division  in  a  building,  vehicle,
  place  or structure where food is prepared, served or sold for immediate
  consumption on or in the vicinity of the premises; called for  or  taken
  out  by  customers;  or  prepared  prior  to  being delivered to another
  location for consumption.