A5922

An Act establishing a “Menstrual Hygiene Product Pilot Program,” supplementing Title 4 of the Revised Statutes, and making an appropiation.

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

1. a. As used in this section:

"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 of Agriculture shall develop and assist in the implementation of a menstrual hygiene product pilot program, to be known as the “Menstrual Hygiene Product Pilot Program.” No later than six months after the effective date of this act, 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 three-year Menstrual Hygiene Product Pilot Program.

c. The Secretary of Agriculture shall select for participation in the pilot program no less than one food pantry in each of the northern, central, and southern regions of the State.

d. The Department of Agriculture shall identify, on its Internet website, the food pantries selected for participation, and the times during which each food pantry will be accessible for community residents to obtain menstrual hygiene products.

e. (1) Under the pilot program, the Department of Agriculture shall award grants of up to $20,000 to each food pantry that is selected to participate in the pilot program to purchase 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.

(2) A food pantry selected to participate in the pilot program shall make available menstrual hygiene products to any eligible individual at no charge.

f. 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.

g. The food pantries selected to participate in the pilot program shall submit reports periodically, as determined by the Department of Agriculture, detailing the costs associated with providing the menstrual hygiene products, the demand for the products, and the sufficiency of the grants under the program. The Department of Agriculture shall collect any additional information and data necessary to complete the report required to be submitted to the Governor and Legislature pursuant to subsection i. of this section.

h. As a part of the Menstrual Hygiene Product Pilot 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 of Agriculture deems necessary or appropriate to implement the provisions of this act.

i. The Department of Agriculture shall submit a “Menstrual Hygiene Product Pilot Program” report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature no later than six months after the completion of the three-year pilot program. The report shall include, but not be limited to:

(1) a description and comprehensive review of the pilot program, including but not limited to, an evaluation of the pilot program’s effectiveness, the demand for the products at each food pantry, the sufficiency of the grant amounts provided to each food pantry, the potential benefits of providing menstrual hygiene products to food pantries in the State and a recommendation on the feasibility and desirability of continuing the pilot program and expanding it to other food pantries in the State;

(2) an analysis of the impact the pilot program had on the recipients’ physical and mental health, improved quality of life, independence, employment status, and educational outcomes; and

(3) any additional information the Department of Agriculture determines is necessary to evaluate the future implementation of menstrual hygiene products in food pantries in the State.

2. a. There is appropriated to the Department of Agriculture $60,000 from the General Fund to support the Menstrual Hygiene Product Pilot Program established pursuant to section 1 of this act.

b. Each food pantry selected to participate in the program will receive a grant of up to $20,000.

3. This act shall take effect immediately.

STATEMENT

This bill would establish a three- year “Menstrual Hygiene Product Pilot 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 individuals 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 of Agriculture is required develop and assist in the implementation of a menstrual hygiene product pilot program, to be known as the “Menstrual Hygiene Product Pilot Program.” No later than six months after the effective date of this bill, the Department of Agriculture, in consultation with the Department of Human Services and the Department of Health and Senior Services, is required to develop and implement a three-year Menstrual Hygiene Product Pilot Program.

The Secretary of the Department of Agriculture is required to select for participation in the pilot program no less than one food pantry in each of the northern, central, and southern regions of the State. The Department of Agriculture is required to identify, on its Internet website, the food pantries selected for participation, and the times during which each food pantry will be accessible for community residents to obtain menstrual hygiene products. The food pantry would make menstrual hygiene products available to eligible individuals at no charge.

Under the pilot program, the Department of Agriculture is required to award grants to food pantries that are selected to participate in the pilot program to purchase 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:

(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.

The food pantries selected to participate in the pilot program are required to submit reports periodically, as determined by the Department of Agriculture, detailing the costs associated with providing the menstrual hygiene products. The Department of Agriculture is required to collect any additional information and data necessary to complete the report required to be submitted to the Governor and Legislature pursuant to subsection i. of this bill.

As a part of the Menstrual Hygiene Product Pilot Program, the Department of Agriculture is authorized to:

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

(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 of the Department of Agriculture deems necessary or appropriate to implement the provisions of this act.

The Department of Agriculture is required to submit a “Menstrual Hygiene Product Pilot Program” report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature no later than six months after the completion of the three-year pilot program. The report is required to include, but not be limited to:

(1) a description and comprehensive review of the pilot program, including but not limited to, an evaluation of the pilot program’s effectiveness, the potential benefits of providing menstrual hygiene products to food pantries in the State and a recommendation on the feasibility and desirability of continuing the pilot program and expanding it to other food pantries in the State;

(2) an analysis of the impact the pilot program has had on recipients’ physical and mental health, improved quality of life, independence, employment status, and educational outcomes; and

(3) any additional information the Department of Agriculture determines is necessary to evaluate the future implementation of menstrual hygiene products in food pantries in the State.

This bill appropriates $60,000 to the Department of Agriculture from the General Fund to support the Menstrual Hygiene Product Pilot Program. Under the bill, each food pantry selected to participate in the program will receive a grant of up to $20,000.