[Second Reprint]

SENATE, No. 539

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Permits online purchase of eligible foods using WIC funds and use of WIC funds for grocery delivery charges.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Women and Children Committee on November 30, 2023, with amendments.

  

An Act concerning the New Jersey Special Supplemental Nutrition Program for Women, Infants, and Children, and supplementing Title 26 of the New Jersey Statutes.

 

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

 

     1.    As used in this act:

     ¹["Electronic benefits transfer" means a method that permits electronic access to Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) food benefits using a card or other access device approved by the Secretary of the United States Department of Agriculture.]¹

     "Food instrument" means a voucher, check, electronic benefits transfer card, coupon, or other document which is used by a participant in the WIC program to obtain supplemental foods.

     ¹"WIC" means the federal Special Supplemental Nutrition Program for Women, Infants, and Children, established pursuant to the "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.).¹

 

     ¹[2.  a.  Notwithstanding any other provision of law to the contrary, the Commissioner of Health shall implement an electronic benefits transfer system in every county of the State for benefits provided under the federal "Special Supplemental Nutrition Program for Women, Infants, and Children" (WIC), established pursuant to the "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.), that meets all federal requirements and specifications for such a system.

     b.    The Department of Health shall issue an electronic benefits transfer card to all individuals receiving benefits under the WIC program, which may be used to purchase WIC-eligible foods at an authorized New Jersey WIC vendor.]¹

 

     ¹[3.] 2.¹     a.  Notwithstanding any other provision of law to the contrary, an individual who receives benefits under the WIC program shall be permitted to:

     (1) purchase WIC-eligible foods using the online platform of an authorized New Jersey WIC vendor, including an approved vendor which operates predominantly as an online retailer; ²and²

     (2) ²[expend a portion of the total value of the individual's WIC check, cash value voucher or electronic benefits during a single transaction, and carry forward any remaining fund balance for use during a future retail transaction; ¹[and,]¹

     (3)]² utilize funds available through any New Jersey WIC food instrument to pay the delivery charge levied by an authorized New Jersey WIC vendor for home delivery of the individual's WIC-eligible purchase ²[¹ ; and

     (4)   purchase infant formula in containers of varying sizes and non-contract brands¹]².

     b.    The Commissioner of Health shall apply to the Food and Nutrition Service within the United States Department of Agriculture for any necessary waivers or approvals to implement the provisions of this section ²[¹, which shall include a request for the permanent waiver of 7 CFR 246.10(e)(9) and 7 CFR 246.10(d)(1)(i)¹]².

 

     ¹[4.] 3.¹     The Commissioner of Health shall adopt such rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

 

     ¹[5.] 4.¹  This act shall take effect immediately.