Senate Bill S6761

                                 BILL NUMBER:  S6761

 TITLE OF BILL :  An act to amend the executive law and the general
municipal law, in relation to the use of supplemental nutritional
assistance program benefits and public benefit cards

 PURPOSE :

To improve public health and promote better nutrition by limiting the
use of public benefit EBT cards only for items that are determined to
be essentials.

 SUMMARY OF PROVISIONS :

Section 1 amends the Executive Law by adding two new sections. These
provisions require that any state entity issuing a public benefit card
to an individual for the purpose of subsidizing the cost of food for
such person or his or her family, shall ensure that such cards are
used only to purchase food and beverage items that have been declared
exempt by the Department of Taxation and Finance.  Additionally, the
Office of Temporary and Disability Assistance must establish a list of
luxury food items for which the use of supplemental nutritional
assistance program benefits or public benefit cards is prohibited.

Section 2 amends the General Municipal Law by adding a new section
requiring that any municipality issuing a public benefit card to an
              

individual for the purpose of subsidizing the cost of food for such
person or his or her family, shall ensure that such cards are used
only to purchase food and beverage items that have not been deemed
luxury food items by the Office of Temporary and Disability Assistance
and have been declared exempt by the Department of Taxation and
Finance.

Section 3 provides the effective date.

 EXISTING LAW :

Current state law authorizes the issuance of public benefit cards for
the purpose of subsidizing the cost of food for such person or his or
her family by state and municipal entities.

Section 18-387.0 of the New York State Rules and Regulations provides,
in accordance with section 29 and 95 of the Social Services law, the
Office of Temporary Disability Assistance is the agent of the United
State Department of Agriculture for the purposes of participation in
the Federal Supplemental Nutrition Assistance Program.

Section 29 of the Social Services Law authorizes the Department of
Social Services to accept designation from and act as the agent of a
federal security agency or other duly authorized federal agency in the
administration of relief and related activities, activities affecting
the welfare of individuals and communities, and the disbursement or
expenditure of federal funds in relation to the State of New York.

Section 95 of the Social Services Law authorizes the Office of
Temporary and Disability Assistance to execute the federally created
Supplemental Nutrition Assistance Program.

 JUSTIFICATION :

In New York and throughout the United States, obesity has reached
epidemic proportions. Never before have policies aimed at providing
sustainable interventions to support healthy eating been more vital to
the public health of our nation and state. The goal of this
legislation is to improve dietary quality and reduce obesity by
ensuring food and beverage items purchased using public benefit cards
have been declared exempt by the Department of Taxation and Finance.
This measure will also restrict the abuse of the program by requiring
that the purchase of luxury items, as promulgated by the Office of
Temporary Disability Assistance, is prohibited. Nonexempt items are
among the most nutritionally depleted products available to consumers.
Deterring the purchase of these items and luxury food items enables
New York to improve the dietary quality of its residents while
reducing obesity and programmatic abuse. These reforms, by limiting
the purchase of non-essential and often more expensive items, also
will help low income families and individuals stretch their food
budgets to ensure that they are meeting their nutritional needs. Thus,
this public health initiative will foster a healthier population and
economy.

"Junk foods," like soda, ice cream, candy, cookies and cake are
currently all permitted purchases under the Supplemental Nutrition
Assistance Program (SNAP). All are considered non-essential, and
subject to state and local sales tax, but allowed for purchase with
EBT cards. The purpose of SNAP is to promote good nutrition, but
current rules allow the purchase of junk food and luxury items like
high-end steaks and lobster. Even certain energy drinks, which are
subject to sales tax, can be purchased using taxpayer funded benefit
cards. Decorated cakes are also allowed. At a time when our state and
nation are struggling with an obesity epidemic, it is critically
important that taxpayer funded programs help low income consumers make
wise and healthy food choices.

Obesity also has important consequences for our state and national
economies. Among adults, the medical costs associated with obesity and
its related chronic illnesses are estimated to cost the nation $147
billion annually. Public health programs that make healthy options
available, accessible, and affordable for our state's residents are
paramount. The USDA already limits food choices in other nutritional
initiatives. The Women, Infants & Children Program (WIC), which served
8.9 million in the 2012, has strict dietary guidelines.  Similarly,
the federal school lunch program has recently promulgated updated
rules and requirements that cut calories and combat childhood obesity.

New York must do more to promote the health and wellbeing of its
residents, especially as it pertains to the obesity epidemic in our
state. Ensuring food and beverage items purchased using public benefit
cards have been declared exempt by the Department of Taxation and
Finance and non-luxury by the Office of Temporary Disability
Assistance will support healthy eating and minimize abuses of the
program by guaranteeing that the benefit is only used for healthful
food products and not luxury items like high end cuts of steak and
lobster. For all of the aforementioned reasons it is essential that
this legislation is enacted.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect ninety days after is shall become law.