Hershey Foods (HSY)

FACE="Times New Roman" SIZE="2">WHEREAS, The Hershey Company (the “Company”) currently maintains The Hershey Company Supplemental Executive Retirement Plan, amended and restated as of October 2, 2007 (the “Plan”);

WHEREAS, the Company has determined that the payment terms of the Plan should be revised to meet applicable requirements of
Section 409A of the Internal Revenue Code of 1986 (as amended) (“Section 409A”);

WHEREAS, the Company’s Board of
Directors (“Board”), at its December 2, 2008 meeting, authorized and directed the Senior Vice President, Chief People Officer or Senior Vice President, General Counsel and Secretary of the Company (“Designated Officers”) to
make changes to Company plans and arrangements as may be necessary to comply with Section 409A; and

WHEREAS, this amendment shall
supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment.

NOW,
THEREFORE, BE IT RESOLVED that, by virtue and in exercise of the authority delegated to the Designated Officers by the Board, the Plan is hereby amended, effective as of January 1, 2009, as follows: