Chapter 49

49.79(6w)(f)8. 8. A description of how the platform supported compliance with applicable federal requirements and any approved waiver of federal law from the U.S. department of agriculture, including metrics showing the platform’s contribution to the reduction of improper payments and benefit denials caused by errors in product eligibility determinations.

49.79(6w)(f)9. 9. The volume and resolution of participating retailer and point-of-sale system vendor support tickets, a description of training delivered to participating retailers, and the results of any user satisfaction survey conducted by the nonprofit organization.

49.79(6w)(f)10. 10. Confirmation of adherence to data governance requirements under state law and any applicable confidentiality requirements under federal law, a summary of any data-sharing agreements in effect, and any privacy incidents and responses.

49.79(6w)(f)11. 11. Actual expenditures by major category compared to the approved budget under par. (d) 1. and an explanation of any material variance.

49.79(6w)(f)12. 12. The status of any match, cost sharing, or private funds leveraged.

49.79(6w)(f)13. 13. A plan for the next fiscal year that does all of the following:

49.79(6w)(f)13.a. a. Identifies improvements to the accuracy and timeliness of product eligibility determinations, participating retailer coverage, and integration with participating retailers’ point-of-sale systems.

49.79(6w)(f)13.b. b. Offers any recommended changes to state statutes or regulations or requests for a waiver of federal law to improve the performance of the electronic platform.

49.79(6w)(f)14. 14. The number of manufacturers and producers in this state providing product data, disaggregated by company size and product category.

49.79(6w)(f)15. 15. The number and percentage of products in the database under par. (b) 2. that are products produced in this state, including new products and reformulations.

49.79(6w)(f)16. 16. A summary of any outreach or technical assistance provided to manufacturers and producers located in this state to support accurate data submission and product eligibility determinations.

49.79(6w)(f)17. 17. Any identified trends in product eligibility determination errors involving items produced in this state, including any recommended improvements for manufacturers, producers, or retailers.

49.79(6w)(f)18. 18. A description of any coordination with statewide organizations representing food manufacturers, agricultural producers, and participating retailers to improve the accuracy of the database under par. (b) 2. and reduce administrative burden.

49.79(6w)(g) (g) Audit required. Beginning in 2031 and at least once every 4 years thereafter, the legislative audit bureau shall conduct a performance evaluation audit of the electronic platform under par. (b) to assess the accuracy, reliability, and administration of the platform. As part of the performance evaluation audit, the legislative audit bureau shall do all of the following:

49.79(6w)(g)1. 1. Review data integrity controls within the database under par. (b) 2.

49.79(6w)(g)2. 2. Assess whether product eligibility determinations are consistent with the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture.

49.79(6w)(g)3. 3. Verify that version control practices in the database under par. (b) 2. create a clear historical record of changes.

49.79(6w)(h) (h) Nonprofits associated with retail food industry associations. The department shall encourage nonprofit organizations that are associated with statewide retail food industry associations to enter into the contract with the department under par. (b).

49.79(6w)(i) (i) No liability or adverse actions against retailers for platform errors. A participating retailer may not be held civilly liable, and the department may not take adverse action against a participating retailer, for selling or refusing to sell a product through the use of benefits under the food stamp program in violation of federal law or any approved waiver of federal law from the U.S. department of agriculture on the basis of an error by the electronic platform under par. (b) in determining the eligibility of the product.

49.79(7) (7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.

49.79(7c) (7c) Reduction of benefits to pay cost of replacement cards.

49.79(7c)(a) (a) If a recipient under the food stamp program requests replacement of a lost or stolen electronic benefit transfer card, the department shall deduct from the recipient’s benefit account the allowable costs incurred by the state, as determined by the department, to replace the lost or stolen electronic benefit transfer card. Amounts deducted under this paragraph shall be transferred to the appropriation account under s. 20.435 (4) (jd).

49.79(7c)(b) (b) The department shall inform the food and nutrition service of the federal department of agriculture of its plan to implement the policy under par. (a). The plan shall specify how the department intends to account for card replacement fees and shall identify the replacement threshold, frequency, and circumstances in which the fee will be applicable.

49.79(7r) (7r) Healthy eating incentive pilot program.

49.79(7r)(a) (a) The department shall establish and implement a 10-month pilot program to provide 2,000 households that are eligible for food stamp program benefits in both urban and rural areas with discounts on fresh produce and other healthy foods at the point-of-sale at participating retailers.

49.79(7r)(b) (b) The department shall obtain and review proposals to administer the program under par. (a) in accordance with the department’s request-for-proposal procedures and according to criteria developed by the department. After reviewing the applications submitted, the department shall select an applicant and enter into a contract with that applicant to administer the program under this subsection. In administering the program, the selected applicant shall do at least all of the following:

49.79(7r)(b)1. 1. Manage all financial transactions between and among participants, retailers, food manufacturers, and the department.

49.79(7r)(b)2. 2. Establish an adequate network of participating retailers to effectively conduct the pilot.

49.79(7r)(c) (c) The department shall contract with an independent research entity to conduct a study of the program established under this subsection. The department shall identify a statistically significant number of participants in the pilot program to provide food purchase, nutritional, and health data to the independent research entity. The research entity shall analyze the efficacy of the pilot program in affecting food purchases and the health of participating families.

49.79(7w) (7w) Healthy food incentive program.

49.79(7w)(a) (a) In this subsection:

49.79(7w)(a)1. 1. “Eligible retailer” includes any supermarket, grocery 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.

49.79(7w)(a)2. 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.

49.79(7w)(b) (b) The department shall, through a competitive selection process, contract with one or more nonprofit organizations to administer a healthy food incentive program 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 program benefits used at the eligible retailer for the purpose of purchasing fruits and vegetables from the eligible retailer. In administering the program, a nonprofit organization 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 vegetables 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 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.

49.79(7w)(c) (c) The department may allocate no more than 25 percent of the funding available for the healthy food incentive program under this subsection to program development, 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.

49.79(7w)(d) (d) Beginning no later than March 24, 2025, and annually thereafter, the department shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees of the legislature under s. 13.172 (3), a report regarding implementation of the program under this subsection, including data collected relating to funding and participation and any other information necessary to evaluate the program.

49.79(7x) (7x) Exclusions; food stamp program.

49.79(7x)(a) (a) In this subsection:

49.79(7x)(a)1. 1. “Candy” means any solid, semi-solid, or molded preparation of sugar, sweeteners, whether natural or artificial, or chocolate, with or without added ingredients such as flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as candy, chocolate bar, chewing gum, or similar confectionery and includes chocolate bars, including chocolate bars containing flour, hard candies, gummies, caramels, taffy, licorice, mints, and chewing gum. “Candy” does not include baked goods, such as cakes, cookies, muffins, brownies, pastries, bread, or similar products the preparation and sale of which are typically not subject to licensing and regulation by the department of agriculture, trade and consumer protection under ch. 97 or items sold as bakery or bread products, regardless of sweetener content.

49.79(7x)(a)2. 2. “Soft drink” means a nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, or flavored water, or any product, regardless of its ingredients or labeling, that is marketed, labeled, or advertised as a soda, pop, cola, energy drink, or energy supplement. “Soft drink” does not include a beverage that contains milk or milk substitute, soy, rice, or similar dairy alternative ingredients or that contains more than 50 percent, by volume, of fruit or vegetable juice. “Soft drink” also does not include coffee or unsweetened tea.

49.79(7x)(b) (b) The department shall request any necessary waiver from the U.S. department of agriculture in accordance with 7 USC 2026 to prohibit the use of benefits under the food stamp program for the purchase of candy or soft drinks from the list of eligible foods under 7 CFR 271.2. If a waiver requested under this paragraph is granted, the department shall prohibit the purchase of candy or soft drinks with benefits provided through the federal food stamp program. If any necessary waiver from the U.S. department of agriculture is not granted, then the department shall submit the waiver request under this paragraph annually until the waiver is granted.

49.79(8) (8) Benefits for qualified aliens. The department shall not provide benefits under this section to a qualified alien, except to the extent that federal food stamp benefits for qualified aliens are required by the federal government.

49.79(8m) (8m) Applicants from correctional institutions.

49.79(8m)(a) (a) The department shall allow a prisoner who is applying for the food stamp program from a correctional institution in anticipation of being released from the institution to use the address of the correctional institution as his or her address on the application.

49.79(8m)(b) (b) The department shall allow an employee of a correctional institution who has been authorized by a prisoner of the institution to act on his or her behalf in matters related to the food stamp program to receive and conduct telephone calls on behalf of the prisoner in matters related to the food stamp program.

49.79(9) (9) Employment and training program.

49.79(9)(a) (a)

49.79(9)(a)1. 1. The department shall administer an employment and training program for recipients under the food stamp program and may contract with county departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, local workforce development boards established under 29 USC 2832, tribal governing bodies, or other organizations to carry out the administrative functions. A county department, multicounty consortium, local workforce development board, tribal governing body, or other organization may subcontract with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection.

49.79(9)(a)1g. 1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults in this state to participate in the employment and training program under this subsection, except for able-bodied adults who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

49.79(9)(a)1m. 1m. If able-bodied adults without dependents are required to participate in the employment and training program under this subsection, the department shall set the required number of hours of participation at the maximum number of hours allowed by the federal government. If the department sets the required number of hours of participation in an employment and training program for able-bodied adults without dependents at the maximum hours allowed by the federal government, the department shall set the same number of required hours of participation in an employment and training program for able-bodied adults with dependents, except as provided in subds. 2. and 3.

49.79(9)(a)2. 2. The department may not require an individual who is a recipient under the food stamp program and who is either the caretaker of a child under the age of 6 or a caretaker of a dependent who is disabled, as defined in s. 49.468 (1) (a) 1., to participate in any employment and training program under this subsection.

49.79(9)(a)3. 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.

49.79(9)(a)4. 4. The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin Works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received under s. 49.148.

49.79(9)(a)5. 5. A participant in an employment and training program under this subsection administered by the department is an employee of the department for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage. A participant in an employment and training program under this subsection administered by a Wisconsin Works agency or another provider is an employee of the Wisconsin Works agency or other provider for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage.

49.79(9)(b) (b) Except as provided in par. (c), an individual who fails to comply with the work requirements under par. (a) without good cause is ineligible to participate in the food stamp program as follows:

49.79(9)(b)1. 1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under par. (a), whichever is later.

49.79(9)(b)2. 2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under par. (a), whichever is later.

49.79(9)(b)3. 3. For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under par. (a), whichever is later.

49.79(9)(c) (c) If the department implements a policy under sub. (10), par. (b) does not apply to an individual who is required to fulfill the work requirement under sub. (10) (a).

49.79(9)(d) (d) Subject to s. 49.791, the department shall screen and, if indicated, test and treat participants in an employment and training program under this subsection who are able-bodied adults for illegal use of a controlled substance without a valid prescription for the controlled substance. Eligibility for an able-bodied adult to participate in an employment and training program under this subsection is subject to s. 49.791.

49.79(9)(f) (f)

49.79(9)(f)1. 1. Subject to subd. 3., the department shall create and implement a payment system based on performance for entities described in par. (a) that perform administrative functions for the employment and training program under this subsection. The department shall establish performance outcomes for the payment system under this paragraph based on all of the following criteria:

49.79(9)(f)1.a. a. The placement of participants of the employment and training program under this subsection into unsubsidized employment.

49.79(9)(f)1.b. b. Whether the placement under subd. 1. a. is full time or part time.

49.79(9)(f)1.c. c. The job retention rate, as defined by the department, at periodic intervals after placement of former participants in the employment and training program under this subsection.

49.79(9)(f)1.d. d. Wages and benefits earned by former participants in the employment and training program under this subsection.

49.79(9)(f)1.e. e. Appropriate implementation of the employment and training program under this subsection.

49.79(9)(f)1.f. f. Customer satisfaction.

49.79(9)(f)2. 2. The department shall ensure that the payment system under this paragraph does not effect the moneys available for supportive services for participants in the program under this subsection.

49.79(9)(f)3. 3. If approval by the U.S. department of agriculture is required to implement the payment system and the U.S. department of agriculture does not approve, the department may not implement the payment system under this paragraph.

49.79(10) (10) Eligibility and work requirements for able-bodied adults without dependents.

49.79(10)(a) (a) The department may implement a policy that complies with 7 CFR 273.24. If the department implements a policy under this paragraph, all of the following apply:

49.79(10)(a)1. 1. The department shall require an able-bodied adult without dependents who is participating in the food stamp program to fulfill the work requirement defined under 7 CFR 273.24 (a) (1).

49.79(10)(a)2. 2. If an able-bodied adult without dependents does not fulfill the work requirement, the department may limit the eligibility of the able-bodied adult without dependents for food stamps to no more than 3 months during a 3-year period.

49.79(10)(a)3. 3. The department may exempt up to 15 percent of the able-bodied adults without dependents who are participating in the food stamp program from the time limit under subd. 2.

49.79(10)(b) (b) If the department determines that a waiver, or an amendment to a waiver, is necessary to implement a policy that complies with 7 CFR 273.24, the department shall request the waiver or the amendment to the waiver from the federal department of agriculture to permit the department to implement a policy that complies with 7 CFR 273.24 as provided under this subsection.

49.79(11) (11) Treatment of inactive accounts; expungement of unused benefits.

49.79(11)(a) (a) If, for a period of 6 months or longer, an individual or household that is receiving benefits under this section through an electronic benefit transfer system uses no benefits that have been posted to the individual’s or household’s benefit account, the department shall remove all benefits from the account electronically and store them offline. The benefits being stored offline shall be made available to the individual or household again within 48 hours after a request by the individual or a member of the household to restore the benefits or upon reapplication by the individual or household for benefits under this section, whichever is applicable. The department shall attempt to notify the individual or household before benefits are removed from the account under this paragraph and shall describe the steps that the individual or household must take to get the benefits returned to the account.

49.79(11)(b) (b) The department shall expunge any benefits that have not been used after a period of one year, regardless of whether either of the following applies:

49.79(11)(b)1. 1. The benefits have been removed from an inactive benefit account under par. (a) and are being stored offline.

49.79(11)(b)2. 2. The benefits are still posted to an active account.

49.79(11)(c) (c) The department shall seek any necessary approval from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves, the department may not implement this subsection.

49.79 History History: 2001 a. 16 ss. 1656sy to 1656tjk, 1656tjm to 1656tp, 1656tr, 1656ts to 1656tx, 1838sb to 1838td.; Stats 2001 s. 49.79; 2003 a. 33; 2005 a. 25; 2005 a. 443 s. 265; 2007 a. 20 ss. 1397, 1399 to 1407, 1662 to 1669; 2011 a. 32; 2013 a. 20, 168; 2015 a. 55; 2017 a. 59, 263, 264, 266, 269, 370; 2021 a. 238 s. 45; 2023 a. 201; 2025 a. 116, 129; s. 35.17 correction in (7x) (b).

49.791 49.791 Substance abuse screening, testing, and treatment for employment and training programs.

49.791(1) (1) Definitions. In this section:

49.791(1)(a) (a) “Able-bodied adult” has the meaning given in s. 49.79 (1) (am).

49.791(1)(b) (b) “Administering agency” means an administrative agency within the executive branch under ch. 15 or an entity that contracts with the state such as a single county consortia under s. 49.78 (1r), a multicounty consortia under s. 49.78 (1) (br), or a tribal governing body under s. 49.78 (1) (cr).

49.791(1)(c) (c) “Confirmation test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing the requisite specificity, sensitivity, and quantitative accuracy to positively confirm use of a controlled substance.

49.791(1)(d) (d) “Controlled substance” has the meaning given in s. 49.79 (1) (b).