SECTIONS 104601 - California Statutes

HEALTH AND SAFETY CODE

SECTION 104601

104601. (a) The department, in consultation with the Department of
Food and Agriculture, shall develop a "Healthy Food Purchase" pilot
program to increase the sale and purchase of fresh fruits and
vegetables in low-income communities.
(b) The total number of counties included in the pilot program
shall not exceed seven.
(c) The department, in consultation with the Department of Food
and Agriculture, shall design the program to include the following
two components:
(1) Strategies aimed at small grocers in targeted low-income
neighborhoods to increase the offerings of fresh fruits and
vegetables in those communities. In selected pilot program
communities, the department shall provide targeted food retailers
with support or assistance to obtain refrigerated produce display
cases through the assessment of the feasibility of a variety of
financing methods, including, but not limited to, leasing, lending,
small business and economic development support, and other
time-limited strategies. The department shall also provide technical
assistance to targeted retailers on the purchase, storage, marketing,
and display of fresh produce. The department shall use available
federal funds for this technical assistance, where appropriate.
(2) Strategies aimed at food stamp recipients to increase their
purchase of fresh fruits and vegetables by making those products more
affordable, including the development and implementation of
financial incentives. The department, in consultation with the State
Department of Social Services, shall seek any necessary federal
government approvals to allow use of the Food Stamp Electronic
Benefits Card, as provided in Chapter 3 (commencing with Section
10065) of Part 1 of Division 9 of the Welfare and Institutions Code,
to provide those incentives, and to implement the pilot program.
(d) In developing the pilot program, the department shall include
all of the following:
(1) At least one county that is above the food stamp average
county participation.
(2) At least one county that is below the food stamp average
county participation.
(3) At least one county with high above-average rates of poverty,
food insecurity, or obesity.
(4) At least one urban county.
(5) At least one rural county.
(e) The department shall consider all of the following in choosing
counties to participate in the program:
(1) The level of need in the community.
(2) The size of the food stamp population.
(3) The need for geographic diversity.
(4) The availability of technology in targeted food retailers to
collect the data necessary to evaluate the pilot program.
(f) The department shall seek all necessary approvals to establish
the pilot program, and shall apply for available federal matching
funds to support the work of the pilot program.
(g) The department shall develop, in consultation with the United
States Department of Agriculture's Economic Research Service, a
process for evaluating the effectiveness of the pilot program. The
evaluation shall examine the impact of the various strategies
employed in the pilot program on the purchase of fresh produce and on
any increase in retailer space devoted to the sale of fresh fruits
and vegetables, and the effect this has on retailer profitability.
The evaluation also shall test alternatives to the reliance on
uniform product codes for identification of fresh produce deemed
eligible for financial incentives. The department shall contract with
an independent external evaluator to conduct this evaluation. The
department shall make recommendations to the Legislature regarding
the continuation of the pilot program, and any state and federal
policy changes needed to support the goals of the pilot program.
(h) The department may, on or after July 1, 2009, implement this
article to the extent that the Department of Finance determines that
there are sufficient funds available for that purpose from any
source, including state funds, federal funds, excluding federal block
grant funds awarded to California pursuant to the Specialty Crops
Competitiveness Act of 2004 (Public Law 108-465), and future awards
of block grant funds intended to improve the competitiveness of the
specialty crop industry, or funds from grants or private donations.
(i) Notwithstanding any other provision of law, no General Fund
moneys shall be used to fund the program.
(j) This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.