NEW YORK STATE SENATE

INTRODUCER'S MEMORANDUM IN SUPPORT

submitted 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 general
municipal law, in relation to the use of supplemental nutritional
assistance program benefits and public benefit cards
PURPOSE:
To improve public health and promote better nutrition by limiting the
use of public benefit EBT cards only for items that are determined to be
essentials.
SUMMARY OF PROVISIONS:
Section 1 amends the Executive Law by adding two new sections. These
provisions require that any state entity 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 been declared exempt
by the Department of Taxation and Finance. Additionally, the Office of
Temporary and Disability Assistance must establish a list of luxury food
items for which the use of supplemental nutritional assistance program
benefits or public benefit cards is prohibited.
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.