S T A T E O F N E W Y O R K
________________________________________________________________________
4416
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to implementing a
healthy food initiative for beneficiaries of the supplemental nutri-
tion assistance program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The intent of this legislation is to
ensure that supplemental nutrition assistance program (SNAP) benefits
are used to purchase healthy and nutritious food and beverages, thereby
improving long-term health, reducing the prevalence of weight-related
diseases, and increasing the life expectancy for SNAP beneficiaries.
§ 2. Section 95 of the social services law is amended by adding a new
subdivision 12 to read as follows:
12. (A) THE DEPARTMENT SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION,
APPLY FOR A WAIVER OR REQUEST AUTHORIZATION FROM THE FEDERAL GOVERNMENT
TO ENSURE THAT SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS
ARE USED ONLY FOR THE PURCHASE OF HEALTHY AND NUTRITIOUS FOODS AND
BEVERAGES. IN DEVELOPING THE LIST OF HEALTHY AND NUTRITIOUS FOODS AND
BEVERAGES, THE DEPARTMENT SHALL CONSIDER THOSE ITEMS THAT ARE APPROVED
FOR THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "HEALTHY AND NUTRITIOUS
FOODS AND BEVERAGES" SHALL INCLUDE INFANT AND ADULT CEREAL; FRUITS,
VEGETABLES, NUTS, MEATS, AND FISH; BREAD, RICE, FLOUR, SPICES, BAKING
SUPPLIES, SOFT CORN AND WHEAT TORTILLAS; FRUIT AND VEGETABLE JUICE;
EGGS; MILK; CHEESE; PEANUT BUTTER, JELLY; DRIED BEANS OR PEAS; SOY
BEVERAGE, TOFU; AND OTHER ITEMS AS DETERMINED BY THE COMMISSIONER OF
HEALTH TO BE MEDICALLY OR NUTRITIONALLY WARRANTED, OR OTHERWISE APPRO-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07719-01-5
A. 4416 2
PRIATE FOR PROGRAM PARTICIPANTS IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER OF HEALTH FOR SUCH PURPOSE.
(C) "HEALTHY AND NUTRITIOUS FOODS AND BEVERAGES" SHALL NOT INCLUDE
FOODS AND BEVERAGES WITH SIGNIFICANT AMOUNTS OF ADDED SUGAR, ARTIFICIAL
SWEETENERS, OR SODIUM, SUCH AS SOFT DRINKS, CONFECTIONARY PRODUCTS,
DESSERTS, PROCESSED FOODS WITH HIGH SALT CONTENT, AND SIMILAR ITEMS.
§ 3. The social services law is amended by adding a new section 95-b
to read as follows:
§ 95-B. HEALTHY AND NUTRITIOUS USE OF SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM BENEFITS. 1. TO THE EXTENT NOT INCONSISTENT WITH FEDERAL
LAW AND REGULATIONS, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
SHALL, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, ESTABLISH A LIST
OF APPROVED HEALTHY AND NUTRITIOUS FOODS AND BEVERAGES WHICH CAN BE
PURCHASED USING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS UNDER
SUBDIVISION TWELVE OF SECTION NINETY-FIVE OF THIS TITLE.
2. AS USED IN THIS SECTION, "HEALTHY AND NUTRITIOUS FOODS AND BEVERAG-
ES" SHALL INCLUDE INFANT AND ADULT CEREAL; FRUITS, VEGETABLES, NUTS,
MEATS, AND FISH; BREAD, RICE, FLOUR, SPICES, BAKING SUPPLIES, SOFT CORN
AND WHEAT TORTILLAS; FRUIT AND VEGETABLE JUICE; EGGS; MILK; CHEESE;
PEANUT BUTTER, JELLY; DRIED BEANS OR PEAS; SOY BEVERAGE, TOFU; OTHER
ITEMS AS DETERMINED BY THE COMMISSIONER OF HEALTH TO BE MEDICALLY OR
NUTRITIONALLY WARRANTED, OR OTHERWISE APPROPRIATE FOR PROGRAM PARTIC-
IPANTS IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER OF HEALTH FOR SUCH PURPOSE.
3. "HEALTHY AND NUTRITIOUS FOODS AND BEVERAGES" SHALL NOT INCLUDE
FOODS AND BEVERAGES WITH SIGNIFICANT AMOUNTS OF ADDED SUGAR, ARTIFI-
CIAL SWEETENERS, OR SODIUM, SUCH AS SOFT DRINKS, CONFECTIONARY PRODUCTS,
DESSERTS, PROCESSED FOODS WITH HIGH SALT CONTENT, AND SIMILAR ITEMS.
§ 4. This act shall take effect immediately; provided that section
three of this act shall take effect only upon the occurrence of the
waiver or authorization from the federal government provided for in
section two of this act; provided further that the office of temporary
and disability assistance shall notify the legislative bill drafting
commission upon the occurrence of such waiver or authorization in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.