Date of enactment:
2023 Assembly Bill 1013 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 20.435 (4) (bt); and to create 49.79 (7w) of the statutes; relating to: healthy food incentive pro-
gram.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.435 (4) (bt) of the statutes is amended
to read:
20.435 (4) (bt) Healthy eating incentive pilot food
incentive program. As a continuing appropriation, the
amounts in the schedule to contract with an entity to
develop and administer the healthy eating incentive food
incentive program under s. 49.79 (7r). No moneys may
be expended under this paragraph after December 31,
2019, except for moneys encumbered on or before that
date. (7w). The unencumbered balance in this appropria-
tion account as of June 30, 2023, may be used for the
healthy food incentive program under s. 49.79 (7w),
including as the matching state portion of any amounts
received through the Gus Schumacher Nutrition Incen-
tive Program.
SECTION 2. 49.79 (7w) of the statutes is created to
read:
49.79 (7w) HEALTHY FOOD INCENTIVE PROGRAM. (a)
In this subsection:
1. “Eligible retailer” includes any supermarket, gro-
cery store, wholesaler, small−scale store, corner store,
convenience store, neighborhood store, bodega, farmers’
market, direct−marketing farmer, nonprofit cooperative
food−purchasing venture, or community−supported
agriculture program authorized to participate in the food
stamp program.
2. “Fruits and vegetables” means any variety of fresh,
canned, dried, or frozen whole or cut fruit or vegetable
that does not contain added sugar, fat, oil, or salt.
(b) The department shall, through a competitive
selection process, contract with one or more nonprofit
organizations to administer a healthy food incentive pro-
gram statewide. The healthy food incentive program
shall provide to any food stamp program recipient that
uses benefits at an eligible retailer participating in the
healthy food incentive program under this subsection a
monetary amount up to the amount of food stamp pro-
gram benefits used at the eligible retailer for the purpose
of purchasing fruits and vegetables from the eligible
retailer. In administering the program, a nonprofit orga-
nization shall prioritize including in the healthy food
incentive program eligible retailers that source fruits and
vegetables primarily from growers in this state and shall
establish a timeline for expiration of matching monetary
amounts provided for the purchase of fruits and vegeta-
bles under the healthy food incentive program such that
a matching monetary amount expires no later than one
year after it is provided. The department may establish
a maximum amount of benefits that may be matched per
day for a food stamp program recipient. Any nonprofit
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1013
organization administering the healthy food incentive
program shall ensure that matching amounts provided
under the program that are unused and expire remain with
the nonprofit organization and, upon expiration, are
available for use to provide matching amounts to other
food stamp recipients under the program.
(c) The department may allocate no more than 25 per-
cent of the funding available for the healthy food incen-
tive program under this subsection to program develop-
ment, promotion of and outreach for the program,
training, data collection, evaluation, administration, and
reporting and shall allocate the remainder of the funding
available to the eligible retailers participating in the
healthy food incentive program under this subsection.
The department shall seek any available federal matching
moneys from the Gus Schumacher Nutrition Incentive
Program to fund the healthy food incentive program
under this subsection.
(d) Beginning no later than one year after the effec-
tive date of this paragraph .... [LRB inserts date], and
annually thereafter, the department shall submit to the
chief clerk of each house of the legislature, for distribu-
tion to the appropriate standing committees of the legisla-
ture under s. 13.172 (3), a report regarding implementa-
tion of the program under this subsection, including data
collected relating to funding and participation and any
other information necessary to evaluate the program.