Reading Room Overview, National Agricultural Law Center

Nutrition Programs:
An Overview

Background

Although the United States has one of the most advanced food systems in the world, many Americans find it difficult to maintain a filling and nutritious diet. As a result, several federal programs have developed in an effort to assist those in need. The Food and Nutrition Service ("FNS"), a sub-agency of the United States Department of Agriculture, implements and oversees many of these programs, the primary focus of which are providing supplemental food to low-income individuals. However, in addition helping people get the food they need, there is an increasing focus on nutrition education, and helping people make decisions about the quality of the food they eat. These issues affect so many individuals that the FNS currently reports that one in five Americans are helped by nutrition programs. Most nutrition programs are targeted at a specific group of people who are deemed to face a higher risk of nutrition problems. The following overview is designed to provide a brief description of the major federal nutrition programs and how they operate.

The Supplemental Nutrition Assistance Program

The largest of the nutrition assistance programs is the Supplemental Nutrition Assistance Program ("SNAP") (formerly known as the Food Stamp Program). Originally authorized by the Food Stamp Act of 1964, SNAP is federally administered by the FNS. State agencies then administer the program at the state and local level, including determining eligibility and distributing benefits. The program provides eligible low-income families with monthly benefits calculated based on the size and income of the household.

Previously, benefits were conferred in the form of paper coupons, but the Food Conservation and Energy Act of 2008 ("2008 Farm Bill") established electronic benefit transfer cards ("EBTs") as the official form of benefit transfer. EBTs can be electronically swiped like a debit card or credit card in exchange for authorized products such as food items or seeds for planting food crops. To encourage farmers' markets to accept EBTs the FNS allows one farmers' market sponsor to obtain a license to accept EBT on behalf of all farmers in the market through one centralized point of sale. Breads, cereals, fruits, vegetables, meats, fish, and dairy products are the types of food authorized. Participants cannot use SNAP benefits to buy hot food, food to be eaten in the store, or non-food items like alcohol, tobacco products, vitamins, medicines, pet food, soap, or household supplies. In addition to officially switching to EBTs, the 2008 Farm Bill made a number of other changes designed to increase the effectiveness of SNAP. These changes include an authorization for states to establish new methods of receiving application, and incorporating nutrition education and fruit and vegetable promotion aspects into the program.

School Meal Service Programs

The first school meal service program, the National School Lunch Program ("NSLP") was created by the 1946 National School Lunch Act (renamed the Richard B. Russell National School Lunch Act in 1999). Decades of amendments have allowed the program to evolve over the years. A significant number of recent changes were made in 2004. Today the program is federally administered by the FNS in cooperation with state education agencies who work directly with the schools. The goal of the program is to ensure that nutritious lunches are available to school children. Public and private nonprofit schools and residential child care institutions (such as day care centers and nurseries) are eligible to participate. Schools who participate in the program receive cash subsidies from the USDA to pay for meals. In exchange for subsidies the meals must meet federal nutrition standards and be provided to students and little or no cost. The amount of the subsidy received depends on whether the meals are offered for free, at a reduced price, or at full price. In addition to pricing requirements, congressional legislation has consistently directed participating schools to follow "Buy American" rules, which require schools to purchase domestically grown and processed foods to the maximum extent possible.

In addition to government funding for meals, schools that participate in the NSLP are entitled to receive commodity distributions and funding for nutrition education under the Fresh Fruit and Vegetable Program ("FFVP"). Federal funds are used to purchase fresh fruits and vegetables for distribution to schools. The FFVP is administered by the FNS. It was officially introduced in the Farm Security and Rural Investment Act of 2002. The 2008 Farm Bill expanded the initiative to include a "farm to cafeteria" program to educate students and promote healthy food choices.

Although the NSLP has been an invaluable source of nutrition within the school system, the need for nutrition extends beyond school hours. Additional school meal service programs were developed by the FNS in an attempt to provide nutritional food to children at times when school was not in session. For example, the NSLP program now provides cash subsidies to help pay for after school snacks, providing children with a nutritional supplement and an incentive to engage in after school activities. Another program, the School Breakfast Program (SBP), operates almost identically to the School Lunch Program, however, under the SBP there is no commodity distribution entitlement. For the summer months, the Summer Food Service Program (SFSP) provides free meals to low-income children at a central community center such as a school or recreational facility. Most sites serve one to two meals a day. In an attempt to increase participation, FNS has created the Seamless Summer Option which reduces the paperwork and administrative costs associated with participating in the summer program for school districts already participating in the NSLP or the SBP. Finally, for schools and child care institutions that do not participate in other school meal service programs, the Special Milk Program provides subsidies for milk served to students.

The Women, Infants, and Children Supplemental Nutrition Program

The Special Supplemental Nutrition Program for Women, Infants and Children ("WIC") is designed to help low-income pregnant, postpartum and breastfeeding women, as well as children age five and under achieve and maintain healthy diets. Legislation governing WIC is found in the Child Nutrition Act of 1966. The FNS administers the program at the federal level. At the state level there are 90 state agencies administering WIC programs in connection with approximately 46,000 retailers and 2,000 local agencies. The three primary benefits of WIC programs are food assistance, nutrition education, and referral services to other health and social service organizations. Perhaps the largest of these three benefits, at least from an economic perspective, is food assistance. Food assistance benefits are primarily conferred in the form of vouchers, however, some states are moving towards the use of EBTs. Where used, vouchers can be exchanged, much like a check, for approved food items at participating retailers. The food items approved for purchase are selected for their high concentration of nutrients which ensures their effectiveness as dietary supplements. Some examples of WIC foods are iron fortified infant formula and cereal, vitamin-C rich fruit or vegetable juice, eggs, milk, cheese, peanut butter, tuna fish, dried beans, and carrots.

The grant system used to fund WIC is unable to accommodate everyone eligible to participate in the program. To be eligible an applicant's income must be at or below 185 percent of the U.S. Poverty Income Guideline. Furthermore, the applicant must meet state residency requirements, and be individually determined a "nutrition risk" by a health professional. There are millions of eligible participants. As a result, FNS has established a hierarchy of WIC participant priority. First priority is awarded to pregnant women, breastfeeding women and infants determined to be at a nutrition risk due to a nutrition-related medical condition. The six subsequent categories focus on providing help to young children pregnant women and new mothers with either a nutrition related medical condition or inadequate dietary patterns. In addition to the primary benefits available, women infants and children who have been certified to receive primary benefits are eligible to participate in the WIC Farmer's Market Nutrition Program ("FMNP"). The FMNP provides checks or vouchers to participants that can be used to purchase fresh, unprepared, locally grown fruits, vegetables, and herbs. Each state individually compiles a more specific list of approved foods. Apart from providing an additional source of nutrition to those in need the FMNP increases the consumption of agricultural commodities by expanding the use and number of local farmers markets. A similar program, the Senior Farmers' Market Nutrition Program ("SFMNP"), operates very much like the FMNP except that the benefits are received by individuals over the age of 60.

Other Food Distribution Programs

The Commodity Supplemental Food Program ("CSFP") is similar to the WIC program in that it seeks to improve the health of low income new mothers, pregnant women, and young children. Due to the similarities between the two programs, participants are restricted from participating in both programs simultaneously. Unlike WIC, CFSP serves elderly people as well as women, infants, and children. In fact, the 2008 Farm Bill removed the previous priority status that was given to serving women and children before the elderly under CFSP. Another distinguishing factor is that CFSP provides food rather than vouchers.

The Emergency Food Assistance Program ("TEFAP") helps supplement the diets of low income individuals by providing food commodities to states. The amount of assistance a state receives is based on the level of income and unemployment within the state. States that receive assistance deliver the food to local agencies who often distribute it to food banks, which then supply, soup kitchens, shelters, food pantries and other entities that serve the public directly. The 2008 Farm Bill increases the mandatory funding for TEFAP from $140 million to $190 million for fiscal 2008 and provides $250 million for fiscal year 2009. Also as a result of the 2008 Farm Bill, states are also now required to submit their proposals for assistance every three years instead of four.

The Food Distribution Program on Indian Reservations ("FDPIR") provides food commodities to low income Native Americans. FDPIR is federally administered by the FNS and locally administered by Indian Tribal Organizations or state agencies. Participants can select from a list of food products and receive a food package each month that is designed to help them maintain a nutritionally balanced diet. The 2008 Farm Bill amended the program to prevent individuals from simultaneously participating in both SNAP and FDPIR.