State Bill Aims to Help Restaurants Help the Hungry

Instead of throwing out leftovers each night, restaurants around the state could soon begin donating more of their extra food to those in need.

A bill that recently passed the state Senate would make the gesture more appealing to businesses by removing the current liability held by restaurants that donate extra food in good faith. Sponsors of the bill, called Helping Restaurants Help the Hungry, say their goal is to help food pantries and soup kitchens keep up with rising demand.

Senator Suzi Oppenheimer, D-Mamaroneck, voted in favor of the measure. She said, "Twenty-five percent of all food served in restaurants is thrown away each day, simply because restaurants fear potential liability should someone get sick from a donation of fresh food."

"Some restaurants already donate leftover food, but this bill encourages other restaurants and food service providers to join suit by removing unnecessary impediments to food donations."

For a family of four, the Food Bank for Westchester (FBW) saw a 22 percent increase in need from July through December last year, according to Executive Director Christina Rohatynskyj.

While the FBW already gathers prepared foods from restaurants, bakeries, and country clubs throughout the county, Rohatynskyj said that should a similar bill pass the state Assembly, removing liability "would open the flood gates a little bit for more donations."

However, she noted that in the bleak economic climate, restaurants "aren't going to have a lot of food left over."

Robert Neilsen, a manager at Ruby's Oyster Bar and Bistro, echoed this fact. He said that after serving a staff meal, "we don't have all that much food left over at the end of the night. But generally, for restaurants that do have a lot of extra food, I think the bill is a good idea."

At Doral Arrowwood Hotel Conference Center in Rye Brook though, hosting high-volume events means lots of left overs.

Doral Arrowwood's Executive Chef Michael Schmutzer said, "we currently donate around 400 pounds of fresh, cannned, and dry food to the Westchester Food Bank each month."

"Besides the fact that it is the right thing to do for our community, we feel obligated to make a difference in the lives of Westchester residents," Schmutzer said. "The passing of this act is long overdue, especially in times like these."

Convincing other local businesses to participate could require more incentive than just removing the liability they currently face if people who eat the donated food fall ill.

Rohatynskyj said that in order for FBW to give more restaurants incentive to donate, restaurant owners "would have to be assured that we know what we're doing. We do that now. We're very strictly regulated in making sure products are the correct temperature and age. It's critical to keep that product safe."

Carole Troum, Director of Hope Community Services (HCS) in New Rochelle, said, "in New Rochelle, there are all those country clubs on the Sound. I've told them that after they hold an event we'll be happy to pick up [extra food] and they've always said 'liability.' I think this would help enormously."

Like FBW, Troum noted that need at HCS is up tremendously, with a 66 percent increase at the food pantry and a 41 percent increase in the soup kitchen over the past year.

Hope Community Services works with schools, synagogues, and churches in the area to solicit donations, but Troum said the organization has difficulty finding food establishments that are willing to donate food with the current legal liability.

Should the bill be signed into law, Troum said that publicity would be the best incentive for local restaurants. She believes a locally-based program would also best serve Hope Community Center's clients, especially when it comes to delivering fresh produce before it goes bad.

"I think it would be more successful locally. It seems to me if we could get food from Shoprite, Fairway, and the country clubs, it's more immediate. Certainly for perishables it would make much more sense to donate locally."

According to the Food Bank Association of New York State, nearly 20 percent of New Yorkers live at or below the poverty line. Of the 2.1 million New Yorkers who rely on emergency food services each year, 630,000 are children.