Amends existing law to revise certain definitions relating to the Supplemental Nutrition Assistance Program.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 903 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO PUBLIC ASSISTANCE; AMENDING SECTION 56-275, IDAHO CODE, TO RE-2 VISE THE DEFINITIONS OF CANDY AND SODA; AND DECLARING AN EMERGENCY AND3 PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 56-275, Idaho Code, be, and the same is hereby6 amended to read as follows:7 56-275. WAIVER TO ENHANCE NUTRITION IN THE SUPPLEMENTAL NUTRITION AS-8 SISTANCE PROGRAM. (1) For the purposes of this section:9 (a) "Candy" means a shelf-stable preparation of sugar, honey, or other10 natural or artificial nutritive or nonnutritive sweeteners in combina-11 tion with chocolate, fruits, nuts, or other ingredients or flavorings,12 in the form of bars, drops, or pieces. "Candy" shall not include any13 preparation containing flour and shall require no requiring refrigera-14 tion. or any of the following:15 (i) Baked goods such as cookies, cakes, muffins, and brownies;16 (ii) Baking ingredients such as sprinkles, chocolate melting17 wafers, toffee bits, chocolate chips, etc.;18 (iii) Savory or nonsweet snacks such as chips, pretzels, and19 crackers;20 (iv) Fruit snacks made with real fruit, including fruit puree and21 fruit juice concentrate, such as dried mango, apple chips, and22 fruit leathers;23 (v) Trail mix and products that list peanuts or tree nuts as the24 first ingredient;25 (vi) Granola bars, breakfast bars, snack bars, protein bars, meal26 replacement bars, and weight loss bars; or27 (vii) Items used as ingredients in baking such as sugar, honey, and28 baking chocolate.29 (b) "Soda" means any nonalcoholic beverage that contains natural or ar-30 tificial sweeteners. "Soda" does not include any beverages that:31 (i) contain Contain milk or milk substitutes,;32 (ii) that are Are greater than fifty percent (50%) vegetable juice33 or fruit juice by volume,;34 (iii) or that require Require preparation before consumption,35 such as powders or concentrates.;36 (iv) Are sports drinks used for hydration;37 (v) Are used as an oral rehydration electrolyte solution formu-38 lated to prevent or treat dehydration; or39 (vi) Are manufactured as a source of necessary nutrition or di-40 etary supplement.41

2 (2) The director of the department of health and welfare shall request a1 waiver from the United States department of agriculture to exclude candy and2 soda from the definition of eligible foods under 7 CFR 271.2. If such waiver3 is granted, then the director shall prohibit the purchase of candy and soda4 with benefits provided through the supplemental nutrition assistance pro-5 gram. If no such waiver is granted, then the director shall request such a6 waiver annually until such waiver is granted.7

SECTION 2. An emergency existing therefor, which emergency is hereby8 declared to exist, this act shall be in full force and effect on and after9 July 1, 2026.10