BILL NUMBER: SB 471 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Rubio
FEBRUARY 17, 2011
An act to add Section 18927 to the Welfare and Institutions Code,
relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 471, as amended, Rubio. CalFresh.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), formerly the Food Stamp Program,
under which nutrition assistance benefits, formerly referred to as
food stamps, are allocated to each state by the federal government.
Under existing state law, pursuant to CalFresh, California's federal
allocation is distributed to eligible individuals by each county.
Existing law authorizes a county to deliver CalFresh benefits through
the use of an electronic benefits transfer (EBT) system and also
prohibits recipients from purchasing certain items with their
CalFresh benefits.
This bill would, to the extent permitted by federal law, require
the State Department of Social Services to expand the list
of items that are not allowed to be purchased with CalFresh benefits,
as prescribed. This bill would also require the department to
prohibit the use of CalFresh benefits at restaurants, including
fast-food restaurants. modify the list of allowable
food items purchasable under CalFresh to prohibit recipients of
CalFresh from purchasing with CalFresh benefits sweetened beverages
containing more than 10 calories per cup, except that CalFresh
benefits would be authorized to be used to purchase juice without
added sugar, milk products, and milk substitutes, even if sweetened.
The bill would require the department to seek all necessary
federal approvals to implement these provisions.
To the extent that this bill would increase the duties
of county officials that administer CalFresh, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Two-thirds of adults and nearly one in three children are
overweight or obese in the United States. The federal Centers for
Disease Control and Prevention reports that 24.8 percent of
Californians are obese. Obesity presents a major financial burden to
the state because it is associated with common chronic conditions
including heart disease, diabetes, and cancer. The "obesogenic"
elements of American society must be addressed to improve both the
public health and the fiscal health of the nation.
(b) In May 2010, the White House Task Force on Childhood Obesity
called for the nation's food assistance programs to contribute to the
solution required to solve the multifaceted problem of obesity by
ensuring access to nutritious foods. Currently, under the United
States Department of Agriculture (USDA) guidelines for the federal
Supplemental Nutrition Assistance Program (SNAP), CalFresh recipients
have a relatively large degree of freedom with respect to which food
products they may purchase with their SNAP dollars, through the
Golden State Advantage Electronic Benefits Transfer (EBT)
card. There are a number of items, however, that are not allowed to
be purchased with the EBT card at point-of-sale, including alcoholic
beverages, cigarettes, cat litter, and hot foods.
(c) While the USDA claims that SNAP's stated goal is to "provide
food assistance to raise levels of nutrition among low-income
individuals," recent epidemiological and public health studies
focused on California's SNAP population have indicated that SNAP
participants are more likely to be obese than non-SNAP participants.
Additionally, soda consumption among participants is significantly
higher than nonparticipants.
(d) In response, the Legislature is proposing significant changes
to the allowable food items that may be purchased under CalFresh and
other relevant food assistance programs administered by the state. It
is the intent of the Legislature to ensure that taxpayer dollars are
being used to provide staple food items under these programs.
Precedent for providing healthy, staple food items can be found in
the California administered Women, Infants, and Children (WIC)
program.
(d) Excess consumption of sugar-sweetened beverages, including,
but not limited to, soda, promotes both tooth decay and increased
body weight in children while providing few essential nutrients.
Additionally, SNAP recipients purchase at least 40 percent more
sugar-sweetened beverages than do other consumers, according to the
USDA's National Health and Nutrition Survey.
(e) In response, the Legislature is requesting the State
Department of Social Services to seek all necessary federal approvals
to modify the list of allowable foods that may be purchased with
CalFresh benefits in California to prohibit the purchase of
sugar-sweetened beverages, including, but not limited to, sodas, that
have little or no nutritional value and contribute to obesity and
poor health outcomes.
SEC. 2. Section 18927 is added to the Welfare and Institutions
Code, to read:
18927. (a) To the extent permitted by federal law, the State
Department of Social Services shall do both of the
following:
(1) Expand the list of items that are not allowed to be purchased
with federal Supplemental Nutrition Assistance Program (SNAP) dollars
under CalFresh to prohibit recipients from purchasing nonstaple,
unhealthy foods. The list of prohibited items shall include, but not
necessarily be limited to, all of the following:
(A) Sweetened beverages, including sodas.
(B) Sweets, such as jello, candy, ice cream, pudding, popsicles,
muffins, sweet rolls, cakes, cupcakes, pies, cobblers, pastries, and
doughnuts.
(C) Salty snack foods, such as corn-based salty snacks, pretzels,
party mix, popcorn, and potato chips.
(2) Prohibit the
use of CalFresh benefits at restaurants, including fast-food
restaurants. modify the list of allowable food items
that may be purchased with federal Supplemental Nutrition Assistance
Program dollars under CalFresh so that no CalFresh benefits may be
used to purchase sweetened beverages containing more than 10 calories
per cup, except that CalFresh benefits may be used to purchase juice
without added sugar, milk products, and milk substitutes, even if
sweetened.
(b) The department shall use culturally sensitive campaigns to
promote the modifications made to CalFresh pursuant to this section
as well as the benefits of healthy and nutritious eating habits.
(c) In implementing this section, the department may collaborate
with any public or nongovernmental organizations that promote the
health and well-being of all Californians.
(d) The department shall seek all necessary federal approvals to
implement this section, which may include a waiver of federal law
from the United States Department of Agriculture.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.