S941

An Act concerning SNAP and supplementing Title 44 of the Revised Statutes.

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

1. This act shall be known and may be cited as the “New Jersey Healthy SNAP Act.”

2. The Legislature finds and declares that:

a. The federal Supplemental Nutrition Assistance Program was created to alleviate hunger and improve nutrition for low-income families.

b. SNAP benefits are disproportionately used to purchase non-nutritive items, including soft drinks, which contribute to increasing rates of obesity and chronic disease.

c. According to data from the United State Department of Agriculture, soft drinks are the number one most purchased item with SNAP benefits nationwide, which diverts taxpayer dollars away from essential and nutritious foods.

d. Obesity-related health conditions and chronic diseases are a major driver of increasing healthcare costs in the State, placing a growing burden on taxpayers.

e. The Special Supplemental Nutrition Program for Women, Infants, and Children, more commonly referred to as WIC, already excludes soft drinks, demonstrating that government nutrition assistance programs can operate effectively while restricting harmful products.

f. The State has a vested interest in promoting public health, fiscal responsibility, and program integrity within SNAP.

3. As used in this act:

“Commissioner” means the Commissioner of Human Services.

“Department” means the Department of Human Services.

“SNAP benefit” means a financial benefit, coupon, or privilege available under SNAP.

“Soft drink” means any non-alcoholic beverage that contains added caloric sweeteners or artificial sweeteners, but does not include: (1) any beverage that contains milk or a milk alternative, including, but not limited to, soy milk, almond milk, oat milk, or other similar products; or (2) any beverage that contains more than 50 percent vegetable or fruit juice.

“Supplemental Nutrition Assistance Program” or “SNAP” 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.).

4. a. Within 90 days of the effective date of this act, the Commissioner of Human Services shall submit to the Food and Nutrition Service of the United States Department of Agriculture a request to waive such federal regulations as are necessary to authorize the State to restrict the use of SNAP benefits for the purchase of soft drinks.

b. The waiver request shall include:

(1) a justification citing public health concerns, SNAP’s statutory intent, and potential cost savings to taxpayers,;

(2) an implementation plan to ensure that existing point-of-sale systems used by New Jersey retailers that participate in SNAP can properly enforce the restriction;

(3) a strategy for education and outreach to inform the SNAP recipients of alternative healthy beverage options; and

(4) a reporting mechanism to track the impact of the waiver, including spending patterns and health outcomes.

c. If the waiver submitted under this section is approved, the Department of Human Services shall implement the restriction within six months of receiving federal approval. If the waiver is denied, the department shall resubmit the request annually until the approval is granted.

5. a. The Commissioner of Human Services shall submit a report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within 30 days of receiving a determination of a waiver request submitted pursuant to this act. The report shall include the determination made by the federal government, any reasons provided for a denial, and any recommendations from the commissioner for further action to implement the provisions of this act.

6. This act shall take effect immediately.

STATEMENT

This bill directs the Department of Human Services (department) to submit to the federal Department of Agriculture a waiver to allow the State to prohibit Supplemental Nutrition Assistance Program (SNAP) enrollees from purchasing soft drinks with SNAP benefits. As defined in this bill, a “soft drink” means any non-alcoholic beverage that contains added caloric sweeteners or artificial sweeteners, but does not include: (1) any beverage that contains milk or a milk alternative, including, but not limited to soy milk, almond milk, oat milk, or other similar products; or (2) any beverage that contains more than 50 percent vegetable or fruit juice.

The waiver request would include:

(1) a justification citing public health concerns, SNAP’s statutory intent, and potential cost savings to taxpayers;

(2) an implementation plan to ensure that existing point-of-sale systems used by State retailers that participate in SNAP can properly enforce the proposed restriction;

(3) a strategy for education and outreach to inform the SNAP recipients of alternative healthy beverage options; and

(4) a reporting mechanism to track the impact of the waiver, including spending patterns and health outcomes.

If the waiver submitted under the bill is approved, the department is to implement the restriction within six months of receiving federal approval. If the waiver is denied, the department is to resubmit the request annually until the approval is granted.

The Commissioner of Human Services would be required to submit a report to the Governor and to the Legislature within 30 days of receiving a determination on a waiver request submitted pursuant to this bill. The report would include the determination made by the federal government, any reasons for a denial, if a denial was received, and any recommendations from the commissioner for further action to implement the provisions of this bill.