SB 134, as introduced, 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. That program, as administered in California, is known as CAlFresh. 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 modify the list of allowable food items purchasable under CalFresh to prohibit recipients of CalFresh benefits from purchasing with those benefits sweetened beverages containing more than 10 calories per cup, except as specified. 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:
The Legislature finds and declares all of the
2following:
3(a) Two-thirds of adults and nearly one in three children are
4overweight or obese in the United States. The federal Centers for
5Disease Control and Prevention reports that 24.8 percent of
6Californians are obese. Obesity presents a major financial burden
7to the state because it is associated with common chronic conditions
8including heart disease, diabetes, and cancer. The “obesogenic”
9elements of American society must be addressed to improve both
10the public and fiscal health of the nation.
11(b) In May 2010, the White House Task Force on Childhood
12Obesity called for the nation’s food assistance programs to
13contribute to
the solution to the multifaceted problem of obesity
14by ensuring access to nutritious foods. Currently, under the United
15States Department of Agriculture (USDA) guidelines for the federal
16Supplemental Nutrition Assistance Program (SNAP), CalFresh
17recipients have a relatively large degree of freedom with respect
18to which food products they may purchase with their SNAP dollars,
19through the Golden State Advantage Electronic Benefits Transfer
20(EBT) card. There are a number of items, however, that are not
21allowed to be purchased with the EBT card at point-of-sale,
22including alcoholic beverages, cigarettes, cat litter, and hot foods.
23(c) While the USDA claims that SNAP’s stated goal is to
24“provide food assistance to raise levels of nutrition among
25low-income individuals,” recent epidemiological and public health
26studies focused on California’s SNAP population have indicated
27that SNAP participants are more likely to be obese than non-SNAP
P3 1participants.
Additionally, soda consumption among participants
2is significantly higher than nonparticipants.
3(d) Excess consumption of sugar-sweetened beverages,
4including, but not limited to, soda, promotes both tooth decay and
5increased body weight in children while providing few essential
6nutrients. Additionally, SNAP recipients purchase at least 40
7percent more sugar-sweetened beverages than do other consumers,
8according to the USDA’s National Health and Nutrition Survey.
9(e) In response, the Legislature is requesting the State
10Department of Social Services to seek all necessary federal
11approvals to modify the list of allowable foods that may be
12purchased with CalFresh benefits in California to prohibit the
13purchase of sugar-sweetened beverages, including, but not limited
14to, sodas, that have little or no nutritional value and contribute to
15obesity and poor health
outcomes.
Section 18928 is added to the Welfare and Institutions
17Code, to read:
(a) To the extent permitted by federal law, the State
19Department of Social Services shall modify the list of allowable
20food items that may be purchased with federal Supplemental
21Nutrition Assistance Program dollars under CalFresh so that no
22CalFresh benefits may be used to purchase sweetened beverages
23containing more than 10 calories per cup, except that CalFresh
24benefits may be used to purchase juice without added sugar, milk
25products, and milk substitutes, even if sweetened.
26(b) The department shall use culturally sensitive campaigns to
27promote the modifications made to CalFresh pursuant to this
28section as well as the benefits of healthy and nutritious eating
29habits.
30(c) In
implementing this section, the department may collaborate
31with any public or nongovernmental organizations that promote
32the health and well-being of all Californians.
33(d) The department shall seek all necessary federal approvals
34to implement this section, which may include a waiver of federal
35law from the United States Department of Agriculture.
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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