What's happening
This bill amends the public health law to allow WIC vendors to seek approval for shelf prices on certain WIC food items and clarifies related definitions.
Why it matters
Allows WIC vendors to seek approval for shelf prices on certain WIC food items, particularly those with stable prices or high “WIC check” discrepancies. , which could improve price transparency and reduce confusion or disputes at checkout for WIC recipients.
Sets clear criteria for price approval—including store location, store type, number of registers, WIC business volume, and local demand—potentially making the WIC program more responsive to local market conditions and vendor circumstances.
Mandates that if a price submission is denied, vendors must be informed of the current average price for their peer group and given the opportunity to resubmit within 60 days. , which could make the process more fair and iterative for participating stores.
Clarifies definitions (like “WIC food item” and “WIC check”) and sets a minimum six-month duration for approved shelf prices. , providing more predictability for both vendors and WIC participants regarding what to expect at the point of sale.
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Who cares
Headline styles
Expand Access to WIC Foods
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to rules
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 WIC Food Access
In Assembly Committee · Ways And Means · Sponsor Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6786
2017-2018 Regular Sessions
IN SENATE
June 17, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 regulations. The commissioner is authorized to establish criteria defining which WIC food vendors can sell specialty formula. Any such criteria
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00037-06-7
S. 6786 2
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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to a special supplemental nutrition program for women, infants and children
Purpose or general idea of bill
Establishes a method for WIC vendors to receive approval from DOH on WIC food item prices to prevent WIC check discrepancies.
Summary of specific provisions
Section 1 of the bill amends the title of section 2507 of the public health law.
Section 2 of the bill amends section 2507 of the public health law to add definitions for the terms "WIC food item" and "WIC check."
Section 3 of the bill adds a new subdivision three to section 2507 of the public health law to require the department of health to establish a method by which vendors participating in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) may submit WIC food prices for approval.
Section 4 of this bill provides that that the bill would take effect sixty days after enactment.
Justification
The WIC program relies on vendors to make nutritional food products available to low income women throughout the state, however, due to the reimbursement mechanism of the WIC program, vendors can and do incur multiple bounced check fees for inadvertently exceeding the maximum allowable price for items, through no fault of their own. This bill will allow vendors to, have stability in their pricing by allowing them to submit prices for certain items to the department of health for approval of such prices, so that they no longer incur very costly fees that jeopardize their ability to continue to participate in the WIC program.
Prior legislative history
Similar bill passed in 2017 - S806.
Fiscal implications
None.
Effective date
This act shall take effect in sixty days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.