Provides for temporary approval of applications to operate a WIC program, if the applicant currently operates another approved such program.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Hassell-Thomps, Oppenheimer
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 - amends section 2587 of the public health law by adding a new subdivision 1-a to state that any eligible institution applying for program approval for a program operated in accordance with the federal special supplemental nutrition program for women, infants and children, which has received approval of another such program and has not been deficient in the operation of such program and has followed federal law, rules or regulations will be issued temporary approval of the operation of the program for which the application has been submitted to the commissioner. The commissioner will issue the applicant a temporary approval of the operation of the program within fourteen days of the receipt of the application for approval. 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: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6305 IN SENATE January 24, 2012 ___________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. Section 2587 of the public health law is amended by adding a new subdivision 1-a to read as follows: 1-A. ANY ELIGIBLE INSTITUTION APPLYING FOR PROGRAM APPROVAL, PURSUANT TO THIS SECTION, FOR A PROGRAM OPERATED IN ACCORDANCE WITH THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN, WHICH HAS RECEIVED APPROVAL OF ANOTHER SUCH PROGRAM AND HAS NOT BEEN DEFICIENT IN THE OPERATION OF SUCH PROGRAM AS SPECIFIED IN FEDERAL LAW, RULE OR REGULATION, SHALL BE ISSUED TEMPORARY APPROVAL OF THE OPERATION OF THE PROGRAM FOR WHICH THE APPLICATION HAS BEEN SUBMITTED TO THE COMMISSIONER. THE COMMISSIONER SHALL ISSUE THE APPLICANT A TEMPORARY APPROVAL FOR A PROGRAM, PURSUANT TO THIS SUBDIVISION, WITHIN FOURTEEN DAYS OF THE RECEIPT OF THE APPLICATION FOR APPROVAL. EACH TEMPORARY APPROVAL SHALL BE VALID UNTIL THE COMMISSIONER EITHER APPROVES OR DISAP- PROVES THE PROPOSED APPLICATION OF THE APPLICANT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13993-02-2