S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8469
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by M. of A. GOODELL -- 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.
                                                            LBD10917-05-1
 A. 8469                             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 ARTICLE.
   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.