Relates to the use of public benefit cards and SNAP benefits to purchase luxury food items

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.