An Act To Encourage Good Nutrition and Healthy Choices in the Supplemental Nutrition Assistance Program
Maine Legislature, Session 127, LD 1193
Committee: Health and Human Services
Sponsors: JOHNSON, GATTINE, BREEN, DIAMOND, DUTREMBLE, HASKELL, KATZ, LIBBY, MIRAMANT, VALENTINO
Amends: 22 MRSA §3109

Legislative Document 
No. 1193 
S.P. 420 
In Senate, April 1, 2015 
An Act To Encourage Good Nutrition and Healthy Choices in the 
Supplemental Nutrition Assistance Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Representative GATTINE of Westbrook and 
Senators: BREEN of Cumberland, DIAMOND of Cumberland, DUTREMBLE of York, 
HASKELL of Cumberland, KATZ of Kennebec, LIBBY of Androscoggin, MIRAMANT of 
Knox, VALENTINO of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3109 is enacted to read: 
§3109.  Healthy Local Foods Initiative Program 
1.  Healthy Local Foods Initiative Program.  The Healthy Local Foods Initiative 
Program, referred to in this section as "the program," is established within the department 
to engage in efforts to seek out and support, sustain or assist eligible applicants in 
submitting proposals for federal grants or funding to establish pilot projects designed to 
improve the diets of low-income persons enrolled in a statewide food supplement 
program administered as part of the federal supplemental nutrition assistance program 
under section 3104, referred to in this section as "project participants." For the purpose of 
this section, "eligible applicant" means an applicant that meets the eligibility standards of 
the United States Department of Agriculture for accepting federal grants and funding 
through the federal supplemental nutrition assistance program under section 3104. 
2.  Working group.  The department shall convene a working group of 9 members, 
referred to in this section as "the working group," to assist the department in carrying out 
the purposes of the program. The commissioner shall appoint the members of the working 
group, which must include: 
A.  A representative of the department; 
B.  A representative of Healthy Maine Partnerships; 
C.  A representative from a local food access network administered by a statewide 
land trust organization that works to protect farmland; 
D.  A food retailer; 
E.  A person with expertise in nutrition policy; 
F.  A person with an advanced degree and expertise in food policy; 
G.  A person engaged in the production and sale of local fruits or vegetables; 
H.  An anti-hunger advocate; and 
I.  A participant in the program. 
The department's staff shall support the working group. The working group shall make 
recommendations to the department regarding the best practices and criteria for 
evaluating proposals and ensuring qualification for federal grants or funding for pilot 
projects under subsection 3 and to assist the department in identifying one or more 
applicants that the working group determines are eligible applicants and are qualified to 
conduct a pilot project. 
3.  Pilot project criteria.  Evaluation criteria developed by the working group must 
provide for objective assessment of the extent to which a proposed pilot project by an 
eligible applicant under subsection 1 will improve the diets of project participants and 
households, reduce obesity and support farmers and businesses in the State by increasing 
purchases of fruits and vegetables by project participants and promoting effective and 
efficient use of program benefits.  Criteria must provide a basis for weighing the extent to 
which a pilot project explores ways to make locally produced fruits and vegetables 
without added sugars, fats or oils more affordable at the point of purchase and provide 
incentives to enable households of participants enrolled in a project to obtain additional 
fruits and vegetables when purchasing such produce at a local retail store or farmers' 
market or through a community supported agriculture or fisheries enterprise. Any 
application seeking department support must ensure that a project participant be informed 
of any educational services provided by the statewide food supplement program under 
section 3104 available in the participant's area promoting healthy food choices and related 
practical food preparation techniques for a person living within a limited budget. 
4.  Department support; assistance.  The department shall consider working group 
criteria and recommendations in determining which pilot project applications to support 
for federal approval. The department may support more than one proposal for a pilot 
project under subsection 3 to implement the program. Upon determining proposals 
receiving support of the department, the department shall assist an eligible applicant 
receiving support in obtaining funding from the United States Department of Agriculture, 
Food Insecurity Nutrition Incentive Grant Program or another appropriate funding source 
and contribute, within the limits of available funds, the matching funds required of the 
eligible applicant for obtaining funding pursuant to subsection 5. The department may 
require that an eligible applicant receiving a grant match a contribution provided by the 
department to the extent the applicant is able. 
5.  Healthy Local Foods Incentive Fund.  The Healthy Local Foods Incentive Fund, 
referred to in this subsection as "the fund," is a revolving, nonlapsing fund administered 
by the department to carry out the purposes of the program.  The fund includes: 
A.  At least 50% of any funds received in any fiscal year from the United States 
Department of Agriculture as a bonus payment for the performance of the department 
in administering the statewide food supplement program under section 3104 that are 
allowed by federal law to be used for the purposes of this section; 
B.  At least 50% of any funds received in any fiscal year from the United States 
Department of Agriculture as a bonus payment for the performance of the department 
in administering the statewide food supplement program under section 3104 that are 
not allowed by federal law to be used for the purposes of this section to the extent 
that the funds may be substituted for General Fund expenditures for the statewide 
food supplement program with the effect of making the General Fund funds 
available; 
C.  Notwithstanding section 3104, subsection 11, 50% of the State's portion of funds 
recouped from the collection of overpayment claims received in fiscal year 2014 
under section 3104, subsection 11; and 
D.  Funds received from a hospital organization in the State pursuant to the 
implementation strategy to meet the community's health needs identified through a 
community health needs assessment under Section 501(r) of the United States 
Internal Revenue Code of 1985, as amended. 
6.  Promotion by department.  The department shall inform hospital organizations 
in the State of the opportunity to meet federal requirements pursuant to subsection 5, 
paragraph D by providing funds to the fund and promote this opportunity. 
7.  Rules.  The department may adopt routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A to ensure compliance with federal and state requirements 
associated with any grant funds, to ensure fairness and accountability in the award and 
expenditure of a grant under this section and to carry out the purposes of the program. 
SUMMARY 
This bill creates the Healthy Local Foods Initiative Program to engage in efforts to 
seek out and support, sustain or assist eligible applicants in submitting proposals for 
federal grants or funding for pilot projects to improve the diets of low-income persons 
enrolled in a statewide food supplement program administered as part of the federal 
supplemental nutrition assistance program.  The bill directs the Department of Health and 
Human Services to create a working group of various interested parties to make 
recommendations concerning best practices and criteria for evaluation of proposals for 
federal grants or funding to conduct pilot projects designed to provide incentives to 
participants of the federal supplemental nutrition assistance program to improve their 
diets, reduce obesity and support farmers and businesses in the State.  The bill directs the 
department to provide the matching funds required of a chosen applicant in order to 
receive a federal grant to the extent funds are available in the Healthy Local Foods 
Incentive Fund.  Contributions to the fund are derived from a portion of bonus payments 
received from the United States Department of Agriculture for the performance of the 
Department of Health and Human Services in administering the statewide food 
supplement program under the federal supplemental nutrition assistance program, from 
the State's portion of funds recouped from the collection of overpayment claims from 
program recipients and from other sources. Contributions to the fund may also be 
received from hospital organizations fulfilling United States Internal Revenue Service 
requirements to meet community health needs.