N.J. Stat. tit. 24, ch. 4A

in effect

N.J. Stat. § 24:4A-1 Short title

This act shall be known and may be cited as the "Food Bank Good Samaritan Act." L.1982, c. 178, s. 1.

N.J. Stat. § 24:4A-2 Definitions.

2. As used in this act: "Donate" means to provide food free of charge or for a fee sufficient only to cover the cost of storing, transporting, or otherwise handling the food. "Donor" includes, but is not limited to, any farmer, processor, distributor, or wholesaler or retailer of perishable or prepared food, a public or nonpublic school, or an institution of higher education in this State. "Food" means articles used for food or drink for humans and articles used for components of any such article. "Food bank" means a nonprofit food clearinghouse that solicits, stores, and distributes donations of edible but unmarketable surplus food. The food is distributed to nonprofit organizations that feed the needy. "Gleaner" means a person who harvests for distribution an agricultural food that has been donated by the owner. "Nonprofit organization" means an organization incorporated under the provisions of Title 15 or Title 16 of the Revised Statutes of New Jersey, an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code or an entity to which a charitable contribution as defined under subsection (c) of section 170 of the Internal Revenue Code is deductible under section 170. "Perishable food" 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 canned or otherwise processed and packaged and which may or may not require refrigeration or freezing. "Prepared food" means food commercially processed and prepared for human consumption. L.1982, c.178, s.2; amended 2012, c.68; 2017, c.210, s.2; 2017, c.311, s.1.

N.J. Stat. § 24:4A-3 Nonliability for food donated.

3. a. Any donor of prepared or perishable food or any gleaner of agricultural food, which food appears to be fit for human consumption at the time it is donated to a nonprofit organization or any other person, shall not be liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food, unless the injury or death is a direct result of the gross negligence, recklessness or knowing misconduct of the donor or gleaner. b. A food bank, nonprofit organization, or their agents who in good faith receive and distribute prepared or perishable food which appears to be fit for human consumption at the time it is distributed shall not be liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food, unless the injury or death is a direct result of the gross negligence, recklessness or knowing misconduct of the organization or an agent of the organization. c. An owner of agricultural food who gives permission to a gleaner to enter upon his land for the purpose of harvesting donated agricultural food for distribution shall not be liable for damages in any civil action due to the presence of the gleaner on the land and shall not be liable for damages in any civil action or subject to criminal prosecution resulting from the consumption of the food gleaned or donated. d. This section applies to good faith donations of perishable or prepared food which is not readily marketable due to appearance, freshness, grade, passage of the "best by" or other open date, surplus supply, or other conditions which do not affect its fitness for human consumption. The protections provided in this section shall apply regardless of compliance with any laws, rules, regulations, or ordinances regulating the quality or labeling of food. L.1982, c.178, s.3; amended 2017, c.311, s.2.

N.J. Stat. § 24:4A-3.1 Immunity from liability.

3. A nonprofit organization that organizes or hosts volunteers on agricultural land for the purpose of collecting or gleaning agricultural food from the land for ultimate distribution to needy individuals shall not be liable for damages in any civil action due to the presence or activity of the organization or volunteers on the land, unless the damage is a direct result of the gross negligence, recklessness, or knowing misconduct of the nonprofit organization or volunteer. L.2017, c.311, s.3.

N.J. Stat. § 24:4A-4 Food banks; licenses; fee; regulation

a. Any nonprofit organization known as a food bank which receives and distributes prepared or perishable food in accordance with this act shall obtain a license from the Department of Health to distribute such food. The fee for licensure shall be equal to the lowest fee charged to food, drug, or cosmetic establishments regulated by the department pursuant to P.L.1971, c. 158 (C. 24:15-13 and 25:15-14). b. The Department of Health shall establish procedures to license and regulate nonprofit organizations which receive and distribute food and are known as food banks. The purpose of the licensure and regulation is to ensure the quality of the distributed food. L.1982, c. 178, s. 4.

N.J. Stat. § 24:4A-4.1 Online portal to facilitate surplus food donations.

1. a. (1) The Department of Human Services, in consultation with the Department of Agriculture and the Department of Health, shall create, maintain, and update, as appropriate, an online portal, in the form of an Internet website, and links to information, as provided pursuant to subsection b. of this section, to facilitate collaboration of surplus food donations among nonprofit organizations, gleaners, and food retailers in the State. The online portal shall be designed, and shall function, in a manner that maximizes communication among all entities that wish to donate food and receive surplus food within this State, in order to minimize the amount of surplus food that is wasted. The online portal shall provide real-time information on surplus food resources, as well as the logistical resource needs of donors and food banks, and gleaners and non-profit organizations that transport donated food. In providing that information, the online portal shall serve as an online logistics chain for the movement of surplus food throughout the State. (2) The online portal may be hosted by a nonprofit organization pursuant to an agreement entered into between the Department of Human Services and a nonprofit organization. The nonprofit organization hosting the online portal shall: (a) demonstrate a proficiency in understanding the needs of the diverse food donors and recipients of donated food; (b) establish a collaborative system of surplus food donation that meets stringent food safety standards and maintains the integrity of the logistics chain from food donor to recipient of donated food; (c) be able to inform, monitor, and maintain the necessary tools, training, and resources to meet the requirements for both a food donor and a recipient of donated food; (d) adhere to all federal, State, and local laws including, but not limited to, the federal "Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.; the federal "Fair Packaging and Labeling Act," 15 U.S.C. s.1451 et seq.; United States Food and Drug Administration rules and regulations promulgated under Subchapter B of Chapter 1 of Title 21 of the Code of Federal Regulations, including the "Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food," 21 C.F.R. Part 110 et seq.; and the "Food Sorting Guidance and Model Consumer Commodity Salvage Code," published by the Association of Food & Drug Officials; and (e) employ, onsite, a minimum of one certified safe food handler, and pass a third-party food safety scored audit at least once every two years. b. The online portal, created pursuant to subsection a. of this section, shall include, but not be limited to: (1) the name and contact information of a donor, and a description of the surplus food available for donation or the food needing to be gleaned, as appropriate; (2) the name and contact information of a nonprofit organization available to receive surplus food to be donated or gleaned; (3) links to the laws and model code listed in subparagraph (d) of paragraph (2) of subsection a. of this section; (4) a statement describing the provisions of the "Food Bank Good Samaritan Act," P.L.1982, c.178 (C.24:4A-1 et seq.), and that act's liability protections available for food donations, gleaning, and other related activities; (5) a link to the Department of Agriculture's Internet website page, established pursuant to section 4 of P.L.2017, c.311 (C.4:10-25.2d); and (6) a link to the Department of Agriculture's Internet website page, established pursuant to section 1 of P.L.2015, c.214 (C.4:1-20.3). L.2019, c.54, s.1.

N.J. Stat. § 24:4A-4.2 Initiatives related to operation of food banks, promotion.

6. The Department of Health may promote initiatives for the establishment and proper operation of food banks, licensed pursuant to section 4 of P.L.1982, c.178 (C.24:4A-4), and soup kitchens for the purpose of ensuring access to adequate food, free of charge or at affordable prices and in locations determined by the Commissioner of Health to be broadly physically accessible to individuals. L.2025, JR 19, s.6.

N.J. Stat. § 24:4A-5 Rules and regulations

The Department of Health shall promulgate rules and regulations necessary to carry out the purposes of this act. L.1982, c. 178, s. 5.

N.J. Stat. § 24:4A-6 "Healthy Small Food Retailer Act"

1. This act shall be known and may be cited as the "Healthy Small Food Retailer Act." L.2019, c.15, s.1.

N.J. Stat. § 24:4A-7 Findings and declarations relative to small food retailers

2. The Legislature finds and declares: a. Overweight children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases; b. In the United States, the medical costs of obesity are rising rapidly with Medicare and Medicaid paying roughly half of these obesity-related costs, estimated to be over $100 billion per year; c. Many Americans, particularly those in low income neighborhoods, rural areas, and communities of color, live in communities that lack adequate access to full-service grocery stores, and low income areas have more than twice as many convenience stores and four times as many small grocery stores as high income areas; d. Small food stores, which tend to charge higher prices for food compared to grocery stores and supermarkets, have limited supplies of fresh produce, whole grains, and low-fat dairy products and frequently sell highly processed foods that are high in fat and low in nutrients; e. Providing assistance to existing small food retailers to stock fresh produce and other healthy foods that promote good nutrition will better provide people with access to healthier foods, and community programs that work with these small food retailers have shown promise in increasing healthy food sales, improving the quality of store offerings, and promoting good nutrition; and f. It is therefore the intent of the Legislature to provide support to small food retailers operating in New Jersey, in both urban and rural areas, to sell more fresh fruits and vegetables and other healthy foods at affordable prices to neighborhood residents in an effort to improve the health and wellness of all New Jerseyans. L.2019, c.15, s.2.

N.J. Stat. § 24:4A-8 Definitions relative to small food retailers

3. As used in this act: "Department" means the Department of Health. "Fund" means the "Healthy Small Food Retailer Fund" established pursuant to section 5 of this act. "Healthy Corner Store Program" means the program established pursuant to section 4 of this act. "Low income area" means a census tract, as reported in the most recently completed decennial census published by the United States Census Bureau, that has a poverty rate of at least 20 percent or in which the median family income does not exceed 80 percent of the Statewide or metropolitan median family income, whichever is greater. "Moderate income area" means a census tract, as reported in the most recently completed decennial census published by the United States Census Bureau, in which the median family income is between 81 and 95 percent of the median family income for the area. "Small food retailer" means a small retail outlet, with less than 2,500 square feet, which sells a limited selection of foods and other products, such as a bodega, convenience store, corner store, neighborhood store, small grocery, or small-scale store. L.2019, c.15, s.3.

N.J. Stat. § 24:4A-9 , Implementation of "Healthy Corner Store Program"

4. a. The department shall develop and implement a "Healthy Corner Store Program" to increase the availability and sales of fresh produce and nutritious, healthy food by small food retailers in rural and urban low income and moderate income areas. The department shall select at least one grantee in each community participating in the program to administer the program and distribute program funding to small food retailers in the community. b. To support the program, the department shall promote the availability of program funding Statewide, establish eligibility guidelines for funding, evaluate applicants, raise matching funds, and disburse funding through the "Healthy Small Food Retailer Fund," established pursuant to section 5 of this act. c. The department shall develop an application and applicant selection process and create eligibility guidelines for any organization applying to be selected as a grantee. To qualify for funding, an applicant shall: (1) provide proof satisfactory to the department that it is a nonprofit entity; (2) have a well-defined public health goal with standards based on the best available science; (3) agree to provide assistance to small food retailers located in low income or moderate income areas that: (a) accept, or agree to accept as a condition of receiving assistance, Supplemental Nutrition Assistance Program benefits; (b) agree to apply to accept Special Supplemental Nutrition Program for Women, Infants, and Children benefits, and accept those benefits if eligible; and (c) agree to abide by the department's conditions for receiving assistance; (4) collect and provide data and other information required by the department for program monitoring, accountability, and evaluation purposes; and (5) establish defined goals, standards, and accountability mechanisms to ensure that expenditures from the fund are appropriate and consistent with the purpose of this act, including: (a) identifying the basis for selecting each particular small food retailer or geographic area for assistance; (b) submitting and implementing a plan which includes specific targets and goals for increasing the sales of produce and other healthy foods by a small food retailer in the designated area, engaging the community to support the participating small food retailers, and establishing standards to assess performance and whether goals within the plan are met; and (c) engaging an advisory group of members of county or municipal agencies, such as planning or economic development entities, private or public universities, cooperative extensions, community-based organizations, and community members, to provide expertise and support and to coordinate other efforts to support the program and participating small food retailers. d. The department shall develop specific standards for selecting a small food retailer to participate as a designated healthy corner store. In determining whether a small food retailer is qualified, consideration shall be given to the level of need in the area served. As a condition of participation, a small food retailer shall sign a written agreement prior to receiving assistance. A grantee shall be authorized to monitor the participating small food retailers, and enforce the agreements if necessary. A grantee shall establish monitoring and accountability mechanisms for participating small food retailers. L.2019, c.15, s.4.

N.J. Stat. § 24:4A-10 "Healthy Small Food Retailer Fund" established

5. a. There is established in the Department of Health the "Healthy Small Food Retailer Fund," to support the "Healthy Corner Store Program" created pursuant to section 4 of this act. All monies received in the fund shall be expended by the Commissioner of Health and distributed through grantees to provide assistance to participating small food retailers in rural and urban low income and moderate income areas. b. The fund shall be credited annually with any monies made available to it from the General Fund or any public or private source other than the State. The commissioner shall include with the annual budget request for the department a request for funds sufficient to carry out the purposes and intent of this act. c. Monies from the fund shall be used only for the following purposes: (1) salary and associated administrative costs incurred to provide education, advice, or other assistance to small food retailers on food safety and handling, nutrition education, business operations, and promotion; (2) refrigeration, display shelving, or other equipment necessary for a small food retailer to keep stock of healthy foods and fresh produce, up to $5,000 per retailer; (3) materials and supplies for nutrition education and healthy food promotion; and (4) mini-grants to small food retailers, of up to $100 per retailer, to meet initial expenses incurred with participation in the program. d. At least 10 percent, but not more than 25 percent of the fund shall be reserved for each grantee's administrative and operational costs to allocate funds to small food retailers and evaluate and report on the program, unless those costs are provided for from other funding sources or in-kind resources. L.2019, c.15, s.5.

N.J. Stat. § 24:4A-11 Grantee report

6. a. Each grantee shall submit a report to the department, on or before March 1 of each year, which includes information concerning the overall geographic distribution of the funding, the amount of funding allocated to each small food retailer, the health impact associated with the program and its funding, and any other data or information required by the department for program monitoring, accountability, and evaluation pursuant to subsection c. of section 4 of this act. The report shall also evaluate any data collected from participating small food retailers and assess other effects and outcomes of the program. b. Pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the department shall prepare and submit to the Legislature and to the Governor an annual report summarizing the expenditures of the fund, assessing the program and the performance of any grantee, and including all reports submitted by a grantee pursuant to subsection a. of this section. The department shall provide recommendations about the program as necessary. L.2019, c.15, s.6.

N.J. Stat. § 24:4A-12 "Jersey Fresh" website expansion

7. The Department of Agriculture shall expand the "Jersey Fresh" website to provide opportunities for the establishment of purchasing networks between farmers, distributors, grantees, and small food retailers participating in the "Healthy Corner Store Program." The department shall post, in a prominent location on the homepage of its Internet website, a hyperlink that provides visitors with direct access to the "Healthy Corner Store Program" on the expanded website. L.2019, c.15, s.7.

N.J. Stat. § 24:4A-13 Rules, regulations

8. The department may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act. L.2019, c.15, s.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026