S539

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:

“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.

“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.

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.

3. 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;

(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; and,

(3) 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.

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.

4. 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.

5. This act shall take effect immediately.

STATEMENT

This bill expands the types of transactions that individuals who participate in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) can make using a WIC financial instrument, such as a WIC check, cash value voucher (CVV), or electronic benefits transfer (EBT) card. The bill directs the Commissioner of Health to establish an EBT system for the WIC program in New Jersey and issue an EBT card to all WIC beneficiaries for use when purchasing WIC-eligible foods at an authorized New Jersey WIC vendor.

Under the bill, program participants may utilize a WIC financial instrument to purchase WIC-eligible foods through the online platform of either a New Jersey WIC-authorized vendor or an authorized vendor whose retail presence in the State is primarily as an online retailer. WIC participants could also use their WIC benefit to pay a delivery charge, levied by an authorized New Jersey WIC vendor, for home-delivery of a WIC-eligible foods purchase. Finally, this bill would allow WIC participants to expend a portion of the full value of their WIC check, EBT or CVV during a transaction, and carry forward any funds balance to use in a future transaction. Currently, WIC participants are not permitted to carry forward unused benefit amounts into a subsequent month.

The bill directs the Commissioner of Health to apply to the Food and Nutrition Service within the United States Department of Agriculture for any federal waivers or approvals needed to implement these changes to the New Jersey WIC program. The commissioner is also authorized to adopt any rules and regulations needed to implement the provisions of this bill.

WIC is a federal program that provides nutritious foods, nutrition education, breastfeeding support, and health care referrals to pregnant, postpartum, or breastfeeding women, infants, and children aged five years and under, who are low income and at nutritional risk. The WIC program is administered at the federal level by the Food and Nutrition Service within the United States Department of Agriculture, but is administered at the State and local level. In New Jersey, the Department of Health administers the WIC program, in conjunction with WIC Local Agencies in all 21 counties.

Although the New Jersey WIC program does not currently provide EBT cards to WIC participants, the Department of Health website states that the department’s new WIC EBT system, named eWIC, will be available for use throughout the State by the end of 2020. This will bring the State into compliance with USDA regulations (7 C.F.R. s.246.12).