Bill S2567-2013

Provides for temporary approval of applications to operate a WICs program, if the applicant currently operates another approved program

Provides for temporary approval of applications to operate a WIC program, if the applicant currently operates another approved such program.

Details

Actions

  • Mar 6, 2013: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 22, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S2567

TITLE OF BILL: An act to amend the public health law, in relation to temporary approval of certain programs operated pursuant to the federal special supplemental nutrition program for women, infants and children

PURPOSE: This legislation will provide for temporary approval of applications to operate a WICs program, if the applicant currently operates another approved program.

SUMMARY OF PROVISIONS:

Section One - adds a new section 2507 to the public health law which states that any eligible institution applying to participate in the federal special supplemental nutrition program for women, infants and children (WIC) at a particular site, which has received approval to participate at another site and has not been deficient in its participation shall be issued temporary approval to participate in WIC at the site for which the application has been submitted to the commissioner. The commissioner or the commissioner's agent shall issue the applicant a temporary approval of the operation of the program within fourteen days of the receipt of the completed application. Each temporary approval will be valid until the commissioner either approves or disapproves the proposed application of the applicant.

Section Two - This act shall take effect immediately.

JUSTIFICATION: The WIC program provides significant nourishment to women, infants and children who may not be able to afford the food products that are offered in this program for their families. The proper nourishment at any early age is essential for infants and children as well as their mothers.

In many neighborhoods, stores frequently are sold and new ones open. Operators are in many cases owners who have other stores in New York and have valid WIC vendor licenses in these stores. Unfortunately, when these stores open, even for an operator who has other valid WIC licenses within the state, there is a lengthy waiting period to obtain a vendor license for the new store.

In most cases stores are licensed quicker and easier to sell tobacco and alcohol while waiting much longer periods to become a WIC vendor offering needed products such as; milk, juice, eggs, formula, baby food, fresh fruits & vegetables, etc., to families in need.

This bill, by allowing existing NY WIC vendors who are in good standing a temporary license when a new establishment opens, greatly enhances the local food choices and availability for WIC families. During the temporary licensing all investigative processes can

continue and the retailer would be obligated to respond to any issues which arise or forfeit the temporary license.

By allowing responsible businesses owners quicker access to the program, WIC families benefit greatly from these local stores and the accelerated license allows them to shop locally as opposed to having to travel in some cases greater distance.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2567 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to temporary approval of certain programs operated pursuant to the federal special supple- mental nutrition program for women, infants and children THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2507 to read as follows: S 2507. FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN. ANY ELIGIBLE INSTITUTION APPLYING TO BE AUTHOR- IZED TO PARTICIPATE IN THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN AT A PARTICULAR SITE, WHICH HAS RECEIVED APPROVAL TO PARTICIPATE AT ANOTHER SITE AND HAS NOT BEEN DEFI- CIENT IN ITS PARTICIPATION AS SPECIFIED IN FEDERAL LAW, RULE OR REGU- LATION, SHALL BE ISSUED TEMPORARY APPROVAL TO BE AUTHORIZED TO PARTIC- IPATE IN THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN AT THE SITE FOR WHICH THE APPLICATION HAS BEEN SUBMITTED TO THE COMMISSIONER. THE COMMISSIONER OR THE COMMISSIONER'S AGENT SHALL ISSUE THE APPLICANT A TEMPORARY APPROVAL TO PARTICIPATE AT A PARTICULAR SITE, PURSUANT TO THIS SECTION, WITHIN FOURTEEN DAYS OF THE RECEIPT OF A COMPLETED APPLICATION. EACH TEMPORARY APPROVAL SHALL BE VALID UNTIL THE COMMISSIONER EITHER APPROVES OR DISAPPROVES THE PROPOSED APPLICATION OF THE APPLICANT. THIS SECTION SHALL NOT APPLY WHERE IT WOULD BE CONTRARY TO FEDERAL REGULATIONS OR WOULD JEOPARDIZE FEDERAL FINANCIAL PARTICIPATION. S 2. This act shall take effect immediately.

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