NEW YORK STATE SENATEINTRODUCER'S MEMORANDUM IN SUPPORTsubmitted in accordance with Senate Rule VI. Sec 1

 BILL NUMBER: S6761 SPONSOR: RITCHIE

 TITLE OF BILL: An act to amend the executive law and the generalmunicipal law, in relation to the use of supplemental nutritionalassistance program benefits and public benefit cards  PURPOSE: To improve public health and promote better nutrition by limiting theuse of public benefit EBT cards only for items that are determined to beessentials.  SUMMARY OF PROVISIONS: Section 1 amends the Executive Law by adding two new sections. Theseprovisions require that any state entity issuing a public benefit cardto an individual for the purpose of subsidizing the cost of food forsuch person or his or her family, shall ensure that such cards are usedonly to purchase food and beverage items that have been declared exemptby the Department of Taxation and Finance. Additionally, the Office ofTemporary and Disability Assistance must establish a list of luxury fooditems for which the use of supplemental nutritional assistance programbenefits or public benefit cards is prohibited. Section 2 amends the General Municipal Law by adding a new sectionrequiring that any municipality issuing a public benefit card to anindividual for the purpose of subsidizing the cost of food for suchperson or his or her family, shall ensure that such cards are used onlyto purchase food and beverage items that have not been deemed luxuryfood items by the Office of Temporary and Disability Assistance and havebeen 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 forthe purpose of subsidizing the cost of food for such person or his orher 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, theOffice of Temporary Disability Assistance is the agent of the United

State Department of Agriculture for the purposes of participation in theFederal Supplemental Nutrition Assistance Program. Section 29 of the Social Services Law authorizes the Department ofSocial Services to accept designation from and act as the agent of afederal security agency or other duly authorized federal agency in theadministration of relief and related activities, activities affectingthe welfare of individuals and communities, and the disbursement orexpenditure of federal funds in relation to the State of New York. Section 95 of the Social Services Law authorizes the Office of Temporaryand Disability Assistance to execute the federally created SupplementalNutrition Assistance Program.  JUSTIFICATION:In New York and throughout the United States, obesity has reachedepidemic proportions. Never before have policies aimed at providingsustainable interventions to support healthy eating been more vital tothe public health of our nation and state. The goal of this legislationis to improve dietary quality and reduce obesity by ensuring food andbeverage items purchased using public benefit cards have been declaredexempt by the Department of Taxation and Finance. This measure willalso restrict the abuse of the program by requiring that the purchase ofluxury items, as promulgated by the Office of Temporary DisabilityAssistance, is prohibited. Nonexempt items are among the most nutri-tionally depleted products available to consumers. Deterring thepurchase of these items and luxury food items enables New York toimprove the dietary quality of its residents while reducing obesity andprogrammatic abuse. These reforms, by limiting the purchase of non-es-sential and often more expensive items, also will help low income fami-lies and individuals stretch their food budgets to ensure that they aremeeting their nutritional needs. Thus, this public health initiativewill foster a healthier population and economy. "Junk foods," like soda, ice cream, candy, cookies and cake are current-ly all permitted purchases under the Supplemental Nutrition AssistanceProgram (SNAP). All are considered non-essential, and subject to stateand local sales tax, but allowed for purchase with EBT cards. Thepurpose of SNAP is to promote good nutrition, but current rules allowthe purchase of junk food and luxury items like high-end steaks andlobster. Even certain energy drinks, which are subject to sales tax, canbe purchased using taxpayer funded benefit cards. Decorated cakes arealso allowed. At a time when our state and nation are struggling with anobesity epidemic, it is critically important that taxpayer fundedprograms help low income consumers make wise and healthy food choices. Obesity also has important consequences for our state and national econ-omies. Among adults, the medical costs associated with obesity and itsrelated chronic illnesses are estimated to cost the nation $147 billionannually. Public health programs that make healthy options available,accessible, and affordable for our state's residents are paramount. TheUSDA already limits food choices in other nutritional initiatives. TheWomen, Infants & Children Program (WIC), which served 8.9 million in the2012, has strict dietary guidelines. Similarly, the federal schoollunch 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 resi-dents, especially as it pertains to the obesity epidemic in our state.Ensuring food and beverage items purchased using public benefit cardshave been declared exempt by the Department of Taxation and Finance andnon-luxury by the Office of Temporary Disability Assistance will supporthealthy eating and minimize abuses of the program by guaranteeing thatthe benefit is only used for healthful food products and not luxuryitems like high end cuts of steak and lobster. For all of the aforemen-tioned 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.