ASSEMBLY, No. 1935
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Co-Sponsored by:
Assemblywomen Speight, Jaffer, Murphy, Assemblyman Stanley, Assemblywomen Pintor Marin, Reynolds-Jackson, Lopez, Mosquera, Eulner and Piperno
SYNOPSIS
Establishes “Menstrual Hygiene Products Program,” appropriates $200,000.
CURRENT VERSION OF TEXT
As reported by the Assembly Women and Children Committee on September 29, 2022, with amendments.
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.
1["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.).]1
“Menstrual hygiene products” mean tampons and sanitary napkins for use in connection with the menstrual cycle.
1["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).]1
"Secretary" means the Secretary of Agriculture.
1["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.).]1
b. In order to promote and facilitate improved access to menstrual hygiene products to low-income residents of the State, the 1[Department] department, in consultation with the Department of Human Services and the Department of Health,1 shall develop and 1[assist in the implementation of a menstrual hygiene products program, to be known as] implement1 the “Menstrual Hygiene Products Program1[.]1” 1[No] , no1 later than six months after the effective date of 1[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] this act1.
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 1[Department of Agriculture] department1 shall award annual grants to food pantries for the purchase of menstrual hygiene products. 1[Any costs incurred by a food pantry in providing an adequate supply of menstrual hygiene products shall be borne by the State.]1
e. 1[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.]1 As a part of the Menstrual Hygiene Products Program, the 1[Department of Agriculture] department1 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) 1pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.),1 take such other actions, including but not limited to adopting rules and regulations 1[pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.)]1, 1on its own,1 that the secretary deems necessary or appropriate to implement the provisions of this act1[.
g. The secretary]1 , 1and any additional rules and regulations that are necessary to implement the provisions of this act1 in consultation with the Department of Human Services and the Department of Health 1[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)]1.
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.