Bill Text: NJ S2728 | 2010-2011 | Regular Session | Amended
Bill Title: Authorizes Department of Agriculture to implement mobile fresh produce markets for residents of urban "food desert" communities.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2011-09-26 - Substituted by A3688 (2R) [S2728 Detail]
Download: New_Jersey-2010-S2728-Amended.html
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
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 Senate Economic Growth Committee on May 19, 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 1,1 as 1[,]1 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 to residents situated therein; and that the institution of a Statewide and State-regulated mobile farmers' market initiative is a reasonable means by which to ensure that all similarly situated residents of urban food desert communities in the State are provided with reasonable access to nutritious, fresh, and delicious 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 initiative that will enable the State to provide a consistent, and easily accessible, source of fresh produce to 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) 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.
"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 law.
"Mobile venue" means a food truck or other vehicle, approved by the department for use in the initiative pursuant to paragraph (3) 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.44:10-79 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).
"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.).
"Urban food desert," "urban food desert community," or "community" means a city, municipality, or physically contiguous urban area in the State, which is selected and designated as such by the Secretary of Agriculture pursuant to 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 section 5 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 Title IV of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1601 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 program, to be known as the "New Jersey Fresh Mobiles Initiative."
b. As a part of the Fresh Mobiles Initiative, the department shall:
(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;
(2) designate one or more vendor supply areas to be used for vendor sales in each urban food desert community, which designations shall ensure a high level of accessibility to vendors by community residents;
(3) authorize fresh mobile vendors to purchase or otherwise obtain, and to use, 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 used by vendors;
(4) 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 fresh produce to all urban food desert communities in the State;
(5) 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;
(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;
(7) 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
(8) 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.
5. 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 initiative and shall modify the initiative 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.
6. a. Using the standards and conditions, and the licensing or permitting procedures developed by the department in accordance with paragraph (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 1[may solicit or approve participation by] shall use to the maximum extent practicable1 in-State 1[or out-of-State]1 produce farmers, collaborative farmers' organizations, or private, non-profit, or governmental entities that are engaged in fresh produce rescue efforts, such as 1[the rescue efforts employed by]1 the New Jersey Agricultural Society in its "Farmers Against Hunger" program 1and the New Jersey Federation of Food Banks, which is the network of food banks which exist in New Jersey1. The department shall encourage the State's produce farmers 1and other entities1 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. 1In the event that in-State produce farmers are unable to meet the needs of residents in the designated communities, the secretary may use out-of-State produce farmers to meet those needs.1
7. a. Any person may participate as a consumer in the Fresh Mobiles Initiative.
b. A person who is currently enrolled as a participant in:
(1) the federal food stamp assistance program;
(2) the Supplemental Nutrition Assistance Program;
(3) the federal WIC program;
(4) the New Jersey Supplementary Food Stamp Program;
(5) Work First New Jersey; or
(6) any other federal or State level nutrition or income assistance program now or hereafter established by law may 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 vendors.
c. The department shall adopt rules and regulations as necessary to facilitate 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 act.
8. a. The Secretary of Agriculture is authorized to receive and expend, 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 1, except for moneys allocated for the State Food Purchase Program1;
(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 secretary 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) advertising and publicizing the initiative;
(2) developing and distributing educational materials as part of the initiative;
(3) providing financing for any studies that are reasonably necessary to ensure the efficacy of the Fresh Mobiles Initiative;
(4) offsetting any costs incurred by the department in complying with the provisions of this act; and
(5) 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.
9. This act shall take effect immediately.
