What's happening
This bill amends public health law to expand and clarify rules for WIC vendors, including price approval processes for WIC food items.
Why it matters
Increases transparency and flexibility for WIC vendors. By allowing vendors to submit their shelf prices for approval—especially for items with little price fluctuation or high check discrepancies—vendors have a clearer, fairer process to set and update prices within the WIC system.
Promotes consistency and regional fairness. The bill requires that approval criteria include factors like store location, type, size, and local WIC demand, helping ensure price-setting reflects local conditions and access, and isn’t a one-size-fits-all or arbitrary standard.
Improves vendor and participant access and accountability. By mandating timely departmental responses (within 21 days), providing clear reasons for disapproval, and allowing vendors to resubmit prices, the process becomes more predictable and supportive of vendor participation—which can increase food access for WIC recipients.
Protects against misuse while supporting legitimate vendor needs. Even as it gives vendors more input on pricing, the bill reinforces that approved prices must still comply with all WIC laws and regulations, aiming to prevent price gouging or fraud while supporting access to necessary nutrition.
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Who cares
Headline styles
Expand WIC Food Access
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to ways and means
- Reported referred to rules
- Print number 5091a
- Amend (t) and recommit to ways and means
- Reported referred to ways and means
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Access to WIC Foods
In Senate Committee · Health · Sponsor Marisol Alcantara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5091--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. CRESPO, PICHARDO, SEPULVEDA -- read once and referred to the Committee on Health -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to a special supplemental nutrition program for women, infants and children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2507 of the public health law, as amended by chapter 12 of the laws of 2017, is amended to read as follows:
§ 2507. Special supplemental nutrition program for women, infants and children[; specialty formula].
1. Definitions. For the purposes of this section:
(a) "WIC" shall mean the special supplemental nutrition program for women, infants and children;
(b) "WIC food vendor" or "vendor" shall mean a business entity that operates a retail delivery system that is authorized by the department to sell products covered by WIC to individuals under the WIC program; [and]
(c) "Specialty formula" shall mean specifically formulated nutrition products prescribed for medically fragile WIC participants with qualifying medical conditions[.];
(d) "WIC food item" shall mean food items eligible for purchase through the WIC program; and
(e) "WIC check" shall mean a check, voucher, or other negotiable instrument that can be redeemed by a WIC recipient at a WIC food vender for food items eligible under the WIC program.
2. Every WIC food vendor shall be authorized to sell any product covered under WIC, including specialty formula, in accordance with the WIC vendor type as designated by the department, unless specifically limited or barred by the commissioner pursuant to state or federal regu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00037-04-7
A. 5091--A 2
lations. The commissioner is authorized to establish criteria defining which WIC food vendors can sell specialty formula. Any such criteria shall not be applied arbitrarily and shall ensure WIC participant access to specialty formula. The commissioner shall establish a process to address individual cases where there is evidence of inadequate WIC participant access.
3. (a) Every WIC food vendor may submit to the department or the department's designee its current shelf price for any WIC food item that experiences low fluctuation in price and market value and/or a high incidence of WIC check discrepancies, for approval of such price under WIC. Criteria for approval shall be set by the department and shall include, but shall not be limited to, the geographic location of the vendor's store, the type of store, the number of cash registers contained within the vendor's store, the vendors volume of WIC business, and the availability of WIC food items in that geographic region in proportion to the volume of WIC participants in such region. The department shall respond to the vendor's request within twenty-one days of the submission.
(b) The department or its designee shall include in any notification of disapproval under this subdivision for an item or items the most up to date average price for the vendor's peer group and shall allow resubmission for approval of such items within sixty days of such disapproval.
(c) Any approval under this subdivision shall last no less than six months, provided that the vendor may apply for a new price to be approved within such time for good cause shown. The approval of a price under this subdivision shall not authorize the use of a price that is otherwise contrary to applicable WIC law, regulation or policy.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.