Shareholder Vote

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 May 16, 2023 Date of Report (Date of earliest event reported) THE HERSHEY CO MPANY (Exact name of registrant as specified in its charter) Delaware 1-183 23-0691590 (State or other jurisdiction of incorporation) (Commission File Number) (IRS Employer Identification No.) 19 East Chocolate Avenue Hershey , PA 17033 (Address of principal executive offices) (Zip Code) ( 717 ) 534-4200 (Registrant's telephone number, including area code) Not Applicable (Former name or former address, if changed since last report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: ☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) ☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) ☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) ☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Securities registered pursuant to Section 12(b) of the Act: Title of each class Trading Symbol(s) Name of each exchange on which registered Common Stock, one dollar par value HSY New York Stock Exchange Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter). Emerging Growth Company ☐ If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐ Item 5.07. Submission of Matters to a Vote of Security Holders. On May 16, 2023, The Hershey Company (the “Company”) held its 2023 Annual Meeting of Stockholders via live webcast. Set forth below are the final voting results from the meeting. Proposal No. 1 — Election of Directors Holders of the Company’s Common Stock and Class B Common Stock, voting together without regard to class, elected the following directors by the votes set forth as follows: Name Votes For Votes Withheld Broker Non-Votes Pamela M. Arway 671,168,508 7,579,152 16,794,912 Michele G. Buck 667,986,709 10,760,951 16,794,912 Mary Kay Haben 676,482,071 2,265,589 16,794,912 James C. Katzman 642,466,370 36,281,290 16,794,912 M. Diane Koken 676,368,776 2,378,884 16,794,912 Huong Maria T. Kraus 677,954,369 793,291 16,794,912 Robert M. Malcolm 643,621,680 35,125,980 16,794,912 Anthony J. Palmer 642,944,245 35,803,415 16,794,912 Juan R. Perez 635,248,556 43,499,104 16,794,912 Holders of the Company’s Common Stock, voting separately as a class, elected the following directors by the votes set forth as follows: Name Votes For Votes Withheld Broker Non-Votes Victor L. Crawford 105,359,027 2,265,883 16,794,912 Robert M. Dutkowsky 60,939,519 46,685,391 16,794,912 Proposal No. 2 — Ratification of Appointment of Independent Auditors Holders of the Company’s Common Stock and Class B Common Stock, voting together without regard to class, ratified the appointment of Ernst & Young LLP as the Company's independent auditors for the fiscal year ending December 31, 2023, by the votes set forth as follows: Votes For Votes Against Abstentions 694,661,914 606,385 276,903 Proposal No. 3 — Non-Binding Advisory Vote on Named Executive Officer Compensation Holders of the Company’s Common Stock and Class B Common Stock, voting together without regard to class, approved the compensation of the Company’s named executive officers on a non-binding advisory basis by the votes set forth as follows: Votes For Votes Against Abstentions Broker Non-Votes 670,354,069 7,815,379 578,212 16,794,912 Proposal No. 4 — Advisory Vote on Frequency of Future Advisory Votes on Named Executive Officer Compensation Holders of the Company’s Common Stock and Class B Common Stock, voting together without regard to class, approved to hold future advisory votes on named executive officer compensation every one year by the votes set forth as follows: 1 Year 2 Years 3 Years Abstentions 676,524,601 274,525 1,526,468 422,066 Proposal No. 5 — Stockholder Proposal Holders of the Company’s Common Stock and Class B Common Stock, voting together without regard to class, voted against the stockholder proposal by the votes set forth as follows: Votes For Votes Against Abstentions Broker Non-Votes 24,575,823 652,467,970 1,703,867 16,794,912 Item 9.01. Financial Statements and Exhibits. (d) Exhibits. Exhibit Number Description 104 Cover Page Interactive Data File (embedded within the Inline XBRL document) SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. THE HERSHEY COMPANY Date: May 19, 2023 By: /s/ Steven E. Voskuil Steven E. Voskuil Senior Vice President, Chief Financial Officer