A5923

An Act establishing the “Menstrual Hygiene Products Program,” supplementing Title 4 of the Revised Statutes, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. For the purposes of this act:

"Department" means the Department of Agriculture.

"Federal WIC program" means the Special Supplemental Nutrition Program for Women, Infants and Children, established pursuant to the federal "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.).

“Menstrual hygiene products” mean tampons and sanitary napkins for use in connection with the menstrual cycle.

"New Jersey Supplementary Food Stamp Program" means the State level food stamp program, established pursuant to P.L.1998, c.32 (C.44:10-79 et seq.), which applies to non-citizens who were rendered ineligible for federal food stamp program assistance by section 402 of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1612).

"Secretary" means the Secretary of Agriculture.

"Supplemental Nutrition Assistance Program" means the supplemental nutrition assistance program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.).

"Work First New Jersey" means the Work First New Jersey temporary public assistance program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) in accordance with authorization received under Title IV of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1601 et seq.).

b. In order to promote and facilitate improved access to menstrual hygiene products to low-income residents of the State, the Department shall develop and assist in the implementation of a menstrual hygiene products program, to be known as the “Menstrual Hygiene Products Program.” No later than six months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Agriculture, in consultation with the Department of Human Services and the Department of Health and Senior Services, shall develop and implement a Menstrual Hygiene Products Program.

c. The department shall identify, on its Internet website, the food pantries participating in the program, and the times during which each food pantry will be accessible for community residents to obtain menstrual hygiene products.

d. Under the program, the Department of Agriculture shall award annual grants to food pantries for the purchase of menstrual hygiene products. Any costs incurred by a food pantry in providing an adequate supply of menstrual hygiene products shall be borne by the State.

e. An eligible individual is one who is currently enrolled as a participant in:

(1) the Supplemental Nutrition Assistance Program;

(2) the federal WIC program;

(3) the New Jersey Supplementary Food Stamp Program;

(4) the Work First New Jersey program; or

(5) any other federal or State level nutrition or income assistance program now or hereafter established by law.

f. As a part of the Menstrual Hygiene Products Program, the Department of Agriculture shall be authorized to:

(1) coordinate and encourage partnerships between the participating food pantries and pharmacies or other retail stores as deemed necessary to better enable and ensure the prompt or efficient delivery of menstrual hygiene products;

(2) take appropriate actions to encourage participation in the initiative;

(3) develop educational and informational materials for distribution to low-income individuals, which may incorporate information pertaining to the importance of proper menstrual hygiene products, or any other topic that is relevant to the work of the initiative; and

(4) take such other actions, including but not limited to adopting rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), that the secretary deems necessary or appropriate to implement the provisions of this act.

g. The secretary, in consultation with the Department of Human Services and the Department of Health and Senior Services shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. a. There is appropriated to the Department of Agriculture $200,000 from the General Fund to support the Menstrual Hygiene Product Program established pursuant to section 1 of this act.

b. Each food pantry may apply for a grant of up to $10,000 each year.

3. This act shall take effect immediately.

STATEMENT

This bill would establish a “Menstrual Hygiene Products Program” in order to promote and facilitate improved access to menstrual hygiene products to low-income residents of the State.

Public concerns over “period poverty,” a term that refers to inadequate access to menstrual hygiene products and education, clean toilets, and handwashing facilities, has escalated since the beginning of the coronavirus 2019 (COVID-19) pandemic as numerous New Jersey residents face economic hardships due to pandemic-related job losses and reduced hours of employment. Federal statute and regulations prohibit enrollees in federal safety-net programs for low-income individuals, such as the Medicaid program, the Supplemental Nutrition Assistance Program, and the Supplemental Nutrition Assistance Program for Women, Infants, and Children, prohibit enrollees from using their benefits for the purchase of menstrual hygiene products. Moreover, COVID-related school closures have left some school-aged menstruators without access to free menstrual hygiene products formerly accessed through the school nurse or a teacher.

In order to promote and facilitate improved access to menstrual hygiene products to low-income residents of the State, the Department is required develop and assist in the implementation of a menstrual hygiene products program, to be known as the “Menstrual Hygiene Products Program.” The department is required to identify, on its Internet website, the food pantries participating in the program, and the times during which each food pantry will be accessible for community residents to obtain menstrual hygiene products. Under the program, the department is required to award annual grants to food pantries for the purchase of menstrual hygiene products. Any costs incurred by a food pantry in providing an adequate supply of menstrual hygiene products will be borne by the State.

An eligible individual is one who is currently enrolled as a participant in: