Provides that participants in the special supplemental nutrition program for women, infants and children may receive foods from any vendor appproved by such program, including formula

The new § 2507 includes definitions and states that every WIC vendor is authorized to sell any product covered by the WIC program, including specialty infant formula, unless there is an explicit state or federal prohibition.

This new section would direct the Commissioner of Health to promulgate rules and regulations in a consistent manner that does not restrict access to specialty infant formula.

Section two of the bill establishes and effective date.

Justification

In January of 2014 the New York State Department of Health (DOH) decided to change its rules for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program) by announcing that the only WIC vendors allowed to redeem checks for infant formulas issued with a prescription, which DOH labels as exempt formula, would be pharmacies or stores with a pharmacy department. Vendors were informed of this new rule on February 2014. DOH carried out this important rules change without any input from the various stakeholders involved in the WIC program and in doing so greatly reduced the choices available for participants when it comes to obtaining the food they need to ensure that their children get the nutrition they need.

This rules change negatively affects the ability of WIC participants to get the products they are being prescribed when they visit their nutritionist by limiting the number of vendors that provide this formula. In addition, given the nature of retail in New York City, most of the vendors who would be able to redeem checks for prescription formula are not vendors who sell fresh fruits and produce. The Federal and State governments have been pushing to increase the intake of fresh fruits and vegetables to combat obesity and other diseases. Ensuring the pregnant women, infant, and children have access to fresh fruits and vegetables is a very important public initiative and DOH's rule change undermines this initiative in New York City by forcing participants to shop at stores that generally don't offer fresh fruits and vegetables.

It has long been recognized that poor children lag behind non-poor children on a wide range of indicators of physical, mental, academic, and economic well-being. Poor children are more likely to have health, behavioral, learning, and emotional problems. This is especially true of poor children whose families experience deep poverty, those who are poor during early childhood, and those who are poor for a long time. Poor children are also more likely to be food insecure, and food insecurity in households with children is associated with inadequate intake of several important nutrients, deficits in cognitive development, behavioral problems, and poor health. The overall health of a child relates closely with pediatric obesity. There are increased risks for diseases associated with pediatric obesity and they are predicted to negatively impact the life expectancy of the current generation of American children. Because the early childhood onset of obesity is a strong predictor of the persistence of obesity into adolescence and adulthood finding effective strategies to promote healthy eating among young, low-income children is critical to curbing the childhood obesity epidemic. For these reasons, there is a push to improve the quality and amount of fresh fruit and vegetables that are eaten. One such WIC program is the WIC Vegetables and Fruits Check Program. This is used to allow the WIC recipients to shop with approved for Farmers Market vendors. These vendors must go through a process and be approved by NY State.

One June 24, 2015 Governor Cuomo announced an additional $658 million to support access to the WIC program in New York. This expansion of funding by the Governor showcases the important that we have given ensuring access to fresh fruits and vegetables to families across New York State. Given the importance the State has given to ensuring that all eligible individuals participate in WIC and the importance of making sure that infants and children have access to fresh fruits and vegetables, it makes no sense to severely limit the number of WIC approved vendors capable of providing women with specialty or exempt formula.

Legislative history

This bill is very similar to S.7049 which passed this house in 2016.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the one hundred and eightieth day after it shall have become law; provided, however, that effective immediately, the commissioner of health shall make regulations and take other actions necessary to implement the provisions of this act.