Bill Text: NJ A3688 | 2010-2011 | Regular Session | Amended

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Bill Title: Authorizes Department of Agriculture to implement mobile fresh produce markets for residents of urban "food desert" communities. *

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Enrolled - Dead) 2011-12-05 - Passed Assembly (Passed Both Houses) (55-20-4) [A3688 Detail]

Download: New_Jersey-2010-A3688-Amended.html

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[First Reprint]

ASSEMBLY, No. 3688

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 10, 2011

 

 

Sponsored by:

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

 

 

 

 

SYNOPSIS

     Authorizes Department of Agriculture to implement mobile fresh produce markets for residents of urban "food desert" communities.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Agriculture and Natural Resources Committee on January 24, 2011, with amendments.

  

An Act concerning the provision of fresh produce to urban communities, and supplementing Title 4 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known, and may be cited as, the "New Jersey Fresh Mobiles Act."

 

     2.    a.  The Legislature finds and declares that there are certain urban areas of the State, known as "food desert" communities, in which residents are unable to obtain reasonable and adequate access to nutritious foods and, in particular, to fresh fruits and vegetables; that the inaccessibility of nutritious food in urban food desert communities has been attributed, in large part, to the absence therein of supermarkets, grocery stores, and farmers' markets and the prevalence therein of businesses like liquor stores and convenience marts, which provide convenient and affordable access only to pre-processed foods, generally high in empty calories, sugar, unhealthy preservatives, and harmful fats, and low in nutritional value; that low-income families are more likely than others to live in urban food desert communities and to lack the transportation or financial resources necessary to reach distant wholesome markets; that, as is evidenced by the work of various non-profit and private entities across the United States, the accessibility to, desire for, and use of, fresh produce by residents of urban food desert communities can be improved through the provision of mobile farmers' markets, which regularly travel to and from these communities, and which provide fresh produce ¹[at discounted prices]¹ to ¹[low-income]¹ residents situated therein; and that the institution of a Statewide and State-regulated mobile farmers' market ¹[and fresh produce voucher]¹ initiative is a reasonable means by which to ensure that all similarly situated residents ¹[, and particularly all similarly situated low-income residents]¹ of urban food desert communities in the State ¹[,]¹ are provided with reasonable access to nutritious, fresh, ¹and¹ delicious ¹[, and reasonably priced]¹ produce, and are afforded the opportunity thereby to make healthier eating choices for themselves and for their families.

     b.    The Legislature therefore determines that it is both reasonable and necessary to authorize the Department of Agriculture to establish and regulate a Statewide mobile farmers' market ¹[and fresh produce voucher]¹ initiative that will enable the
State to provide a consistent, and easily accessible, source of fresh ¹[and affordable]¹ produce to ¹[low-income]¹ residents in urban food desert communities throughout the State.

 

     3.    For the purposes of this act:

     "Department" means the Department of Agriculture.

     "Federal food stamp assistance program" means the federal food stamp program authorized by Title XIII of the "Food and Agriculture Act of 1977," Pub.L.95-113 (7 U.S.C. s.2011 et seq.).

     "Federal WIC program" means the Special Supplemental Nutrition Program for Women, Infants and Children, established pursuant to the federal "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.).

     "Fresh mobile vendor" or "vendor" means a person who has been qualified by the department, pursuant to paragraph ¹[(2)] (1)¹ of subsection b. of section 4 of this act, to provide fresh produce to residents of urban food desert communities.

     "Fresh Mobiles Initiative" or "Initiative" means the "New Jersey Fresh Mobiles Initiative," established and regulated by the department pursuant to this act.

   ¹["Low-income resident" means a person who resides in an urban food desert community, as delineated by the department pursuant to section 5 of this act, and who satisfies the requirements of section 8 of this act, pertaining to the establishment of financial need]

     "Low-income food voucher" means any type of food voucher, coupon, stamp, certificate, written authorization, or benefits card, which has been issued to a person by a government entity in accordance with the provisions of the federal food stamp assistance program, the Supplemental Nutrition Assistance Program, the federal WIC program, the New Jersey Supplementary Food Stamp Program, the Work First New Jersey program, or any other federal or State level nutrition or income assistance program now or hereafter established by law¹ .

     "Mobile venue" means a food truck or other vehicle, approved by the department for use in the initiative pursuant to paragraph ¹[(4)] (3)¹ of subsection b. of section 4 of this act, which vehicle shall serve as a base of operations from which a fresh mobile vendor may offer fresh produce for sale to consumers in urban food desert communities.

     "New Jersey Supplementary Food Stamp Program" means the State level food stamp program, established pursuant to P.L.1998, c.32 (C.44:10-80 et seq.), which applies to non-citizens who were rendered ineligible for federal food stamp program assistance by section 402 of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1612 et seq.).

     "Secretary" means the Secretary of Agriculture.

     "Supplemental Nutrition Assistance Program" means the supplemental nutrition assistance program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C. 2011 et seq.).

     ¹["Social Security Income" means income or benefits received pursuant to Title XVI of the federal Social Security Act, as amended, Pub.L.92-603 (42 U.S.C. s.1381 et seq.), or pursuant to P.L.1973, c.256 (C.44:7-85 et seq.).]¹

     "Urban food desert," "urban food desert community," or "community" means a ¹city, municipality, or¹ physically contiguous urban area in the State, ¹[the boundaries of]¹ which ¹[have been delineated] is selected and designated as such¹ by the ¹[department in accordance with the provisions of] Secretary of Agriculture pursuant to¹ section 5 of this act.

     "Vendor supply area" means a specific street location in a food desert community where qualified fresh mobile vendors may offer their fresh produce for sale to consumers pursuant to ¹[paragraph (1) of subsection a. of section 6] section 5¹ of this act.

     "Work First New Jersey" means the Work First New Jersey temporary public assistance program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) in accordance with authorization received under the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1612 et seq.).

 

     4.    a.  In order to promote and facilitate improved access to fresh produce by low-income residents of urban food deserts in the State, the Department of Agriculture shall establish a Statewide mobile farmers' market ¹[and fresh produce voucher]¹ program, to be known as the "New Jersey Fresh Mobiles Initiative."

     b.    As a part of the Fresh Mobiles Initiative, the department shall:

     (1)   ¹[develop, in accordance with the provisions of section 5 of this act, a complete map identifying all urban food desert communities in the State;

     (2)]¹ establish standards, qualifications, and conditions for fresh mobile vendors, as may be necessary to ensure both the freshness of produce sold and the quality of customer service provided to consumers under the initiative, and issue licenses or permits, as is appropriate and necessary, to persons who are qualified under those standards and in accordance with the provisions of this act to act as fresh mobile vendors;

     ¹[(3)] (2)¹ designate one or more vendor supply areas to be ¹[utilized] used¹ for vendor sales in each urban food desert community, which designations shall ensure a high level of accessibility to vendors by community residents;

     ¹[(4)] (3)¹  authorize fresh mobile vendors to purchase or otherwise obtain, and to ¹[utilize] use¹ , mobile venues for purposes of the initiative, and establish inspection and approval or permitting procedures through which the department may ensure the sanitation and safety of mobile venues ¹[utilized] used¹ by vendors;

     ¹[(5)] (4)¹ establish, coordinate, and encourage partnerships between fresh mobile vendors as is deemed necessary to better enable and ensure the prompt or efficient delivery of fresh produce to urban food desert communities and the provision of a year-round supply of ¹[low-cost,]¹ fresh produce to all urban food desert communities in the State;

     ¹[(6) establish and regulate a fresh produce voucher program, in accordance with the provisions of section 8 of this act, to enable low-income residents of urban food desert communities to obtain discounted prices on produce offered for sale through fresh mobile vendors;

     (7)] (5)¹ establish seasonal and other purchasing incentive programs to be implemented as part of the initiative, which incentive programs shall be designed to encourage consumer participation in the initiative and increase consumer familiarity with regard to the various types of produce offered by fresh mobile vendors;

     ¹(6)  direct the fresh mobile vendors to accept any low-income food vouchers as payment at the established mobile venues and vendor supply areas, and encourage, at the discretion of the individual fresh mobile vendor, the acceptance of any method of payment, including, but not limited to, cash, credit, or check;¹

     ¹[(8)] (7)¹  develop educational and informational materials for distribution to consumers, which materials may incorporate information pertaining to the nutritional value of fruits and vegetables, the importance of incorporating fresh produce into the diet, or any other topic that is relevant to the work of the initiative; and

     ¹[(9)] (8)¹  adopt rules and regulations, within 180 days following the effective date of this act, and 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.

 

     ¹[5. a.  Within 120 days after the effective date of this act, the department shall develop a map that delineates the location of every urban food desert community in the State.

     b.    The department shall delineate the boundaries of an urban food desert community based on its evaluation of various combined factors, which shall include, but need not be limited to:

     (1)   the physical proximity of the area to the nearest grocery store, supermarket, or farmers' market;

     (2)   the availability and expense of public transportation to and from the nearest grocery store, supermarket, or farmers' market, and the number of automobile owners in the area;

     (3)   the average financial status of persons residing in the area;

     (4)   the number and density of liquor stores and convenience marts in the area; and

     (5)   any other demographic, economic, or sociological factors that may be relevant to the determination required by this section.

     c.     The department may consult with, and obtain assistance or request data from, any other State agency, instrumentality, or entity, or from any appropriate private or non-profit organization, in fulfilling its duties under this section.

     d.    (1)  The completed urban food desert map, which has been developed by the department in accordance with subsection a. of this section, shall be made available for review by the public through posting on the department's Internet website.

     (2)   The department shall review, on an annual basis, the accuracy of the urban food desert map developed pursuant to subsection a. of this section, and shall make any necessary revisions thereto.  Any revised versions of the urban food desert map shall be made available for review by the public through posting on the department's Internet website.

     (3)   Hard copies of the department's urban food desert map, and any revised version thereof, shall be made available to a governmental entity, instrumentality, or agency, or to a member of the public, upon request.]¹

 

     ¹[6. a.  The department shall utilize the urban food desert map developed pursuant to section 5 of this act, and any revised versions thereof:

     (1)   to designate, and reevaluate as necessary, in accordance with the provisions of paragraph (3) of subsection b. of section 4 of this act, appropriate street locations to be utilized as vendor supply areas in each urban food desert community;

     (2)   to evaluate the efficacy of the initiative as a whole; and

     (3)   for any other purpose relevant to the initiative.

     b.    The department shall identify, on its Internet website, and for each urban food desert community that is identified on the department's urban food desert map, the vendor supply areas at which, and the times during which, fresh mobile vendors will be accessible by community residents.]¹

 

     ¹5.   a.  Within 120 days after the effective date of this act, the Secretary of Agriculture shall select a minimum of one city in each of the three regions of the State, northern, central, and southern New Jersey, in which to implement the Fresh Mobiles Initiative, and shall designate, at the discretion of the secretary, the entire city or certain areas within the city as an urban food desert community and the vendor supply areas within the urban food desert community.  The secretary may select additional cities or municipalities for inclusion in the initiative, at the secretary's discretion.

     b.    Per the selection and direction of the secretary pursuant to subsection a. of this section, the department shall implement the initiative.  The department shall identify, on its Internet website, the selected cities, and the vendor supply areas at which, and the times during which, fresh mobile vendors will be accessible for community residents.

     c.     Annually, the secretary shall evaluate the efficacy of the program and shall modify the program as deemed necessary to maximize its positive impact on the residents of areas of the State that are determined by the secretary to be urban food desert communities.¹

 

     ¹[7.] 6.¹     a.  Using the standards and conditions, and the licensing or permitting procedures developed by the department in accordance with paragraph ¹[(2)] (1)¹ of subsection b. of section 4 of this act, the department shall establish a network of fresh mobile vendors to provide fresh produce for sale to residents in urban food desert communities throughout the State.

     b.    In establishing a network of fresh mobile vendors, the department may solicit or approve participation by in-State or out-of-State produce farmers, collaborative farmers' organizations, or private, non-profit, or governmental entities that are engaged in fresh produce rescue efforts, such as the rescue efforts employed by the New Jersey Agricultural Society in its "Farmers Against Hunger" program.  The department shall encourage the State's produce farmers to participate in the initiative as fresh mobile vendors.

     The department shall make every reasonable effort to ensure, through the adoption of appropriate regulatory requirements or otherwise, that a consistent, year-round supply of reasonably priced fresh produce, sufficient to satisfy the fresh produce needs of residents in all urban food desert communities in the State, will be made available by the network of fresh mobile vendors.

 

     ¹[8.] 7.¹  a.  Any person may participate as a consumer in the Fresh Mobiles Initiative.  

     b.    ¹[A person shall be entitled to obtain fresh produce vouchers as a part of the Fresh Mobiles Initiative only if the person:

     (1)   is a resident of an urban food desert community, as delineated by the department in accordance with section 5 of this act; and

     (2)   has financial need, as determined by the department in accordance with the provisions of subsection c. of this section.

     c.     A person shall be determined to have financial need for the purposes of subsection b. of this section if the person establishes, in accordance with procedures established by the department, that the person:

     (1)   has a household income of not more than 185 percent of the federal poverty income guidelines, which are published annually by the United States Department of Health and Human Services;

     (2)   is currently receiving Social Security Income; or

     (3)] A person who¹ is currently enrolled as a participant in:

     ¹[(a)] (1)¹  the federal food stamp assistance program;

     ¹[(b)] (2)¹  the Supplemental Nutrition Assistance Program;

     ¹[(c)] (3)¹  the federal WIC program;

     ¹[(d)] (4)¹  the New Jersey Supplementary Food Stamp Program;

     ¹[(e)] (5)¹  Work First New Jersey; or

     ¹[(f)] (6)¹  any other federal or State level nutrition or income assistance program now or hereafter established by law ¹may use, to the extent such use is consistent with the requirements of the programs, low-income food vouchers to purchase fruits and vegetables from fresh mobile vendors¹ .

     ¹[d.] c.¹     The department shall ¹[establish procedures] adopt rules and regulations as necessary¹ to facilitate ¹[timely departmental determinations of voucher entitlement under this section, and to enable the efficient distribution of vouchers to persons who have been qualified under this section for receipt thereof.  The department shall determine, on a case-by-case basis, and in accordance with rules and regulations adopted by the department, the appropriate number and value of vouchers to be issued to a person who has satisfied the conditions of this section.

     ¹[e.] d.¹     The department shall establish procedures to enable and facilitate the redemption of fresh produce vouchers by vendors who have accepted the vouchers from qualified persons as full or partial payment for fresh produce sold in accordance with the provisions of this act.  

     ¹[f.] e.¹      Fresh produce vouchers issued by the department in accordance with this section shall be valid only for the purchase of produce from an authorized fresh mobile vendor] the acceptance of low-income food vouchers by fresh mobile vendors in accordance with subsection b. of this section and paragraph (6) of subsection b. of section 4 of this act¹ .

 

     ¹[9.] 8.¹  a.  ¹[For the purposes of advertising, promoting, and facilitating the Fresh Mobiles Initiative, the] The¹ Secretary of Agriculture is authorized to receive and ¹[utilize] expend¹ , for the purposes specified in subsection b. of this section, any moneys that are obtained thereby through:

     (1)   appropriations or allocations of funds to the department for purposes consistent with this act;

     (2)   grant or loan awards made available to the department for purposes consistent with this act;

     (3)   direct contributions, gifts, legacies, bequests, or endowments for purposes consistent with this act; and

     (4)   any other source for purposes consistent with this act.

     b.    The secretary shall deposit all moneys received pursuant to subsection a. of this section in a special account to be known as the "New Jersey Fresh Mobiles Operation Fund."  The ¹[Secretary] secretary¹ may expend the moneys deposited in the fund, in addition to any interest accrued thereon, and any dividends and returns resulting from investment of the moneys in the fund, for any of the following purposes:

     (1)   ¹[providing financing for the fresh produce voucher program authorized pursuant to section 8 of this act;

     (2)]¹  advertising and publicizing the initiative;

     ¹[(3)] (2)¹  developing and distributing educational materials as part of the initiative;

     ¹[(4)] (3)¹  providing financing for any studies that are reasonably necessary to ensure the ¹[continued accuracy of the department's urban food desert map] efficacy of the Fresh Mobiles Initiative¹ ;

     ¹[(5)] (4)¹  offsetting any costs incurred by the department in complying with the provisions of this act; and

     ¹[(6)] (5)¹  providing financing for any other activity or endeavor that is consistent with the purposes of this act, and that will support, or facilitate the efficient and effective operation of, the Fresh Mobiles Initiative.

 

     ¹[10.] 9.¹   This act shall take effect immediately.