H09382026 Regular Session

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

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

PUBLIC ASSISTANCE

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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RS33795C1 / H0938 During the 2025 legislative session, the Idaho Legislature enacted legislation directing the Idaho Department of Health and Welfare to seek a waiver from the United States Department of Agriculture to prohibit the purchase of soda and candy using Supplemental Nutrition Assistance Program (SNAP) benefits. As the Department began implementing the program, which took effect February 15, 2026, it became clear that the existing statutory definitions of “candy” and “soda” were difficult for retailers and consumers to interpret and could lead to inconsistent application. This legislation revises and clarifies the definitions of “candy” and “soda” in Idaho Code to provide greater consistency, reduce varied interpretations, and make it easier to determine whether new products entering the marketplace fall within or outside the SNAP restriction categories.

FISCAL NOTE

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This legislation will have no impact on the state General Fund or other state funds. The only administrative cost associated with this legislation is the Idaho Department of Health and Welfare’s staff time required to submit an amendment to the state’s previously approved SNAP waiver to incorporate the revised statutory definitions of candy and soda.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 938 BY WAYS AND MEANS 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 muffins;16 (ii) Baking ingredients such as chocolate melting wafers, toffee17 bits, chocolate, etc.;18 (iii) Savory or nonsweet snacks such as pretzels and crackers;19 (iv) Fruit snacks made with real fruit, including fruit puree and20 fruit juice concentrate, such as dried mango, apple chips, and21 fruit leathers;22 (v) Trail mix and products that list peanuts or tree nuts as the23 first ingredient;24 (vi) Granola bars, breakfast bars, snack bars, protein bars, meal25 replacement bars, and weight loss bars; or26 (vii) Items used as ingredients in baking such as sugar, honey, and27 baking chocolate.28 (b) "Soda" means any nonalcoholic beverage that contains natural or ar-29 tificial sweeteners. "Soda" does not include any beverages that:30 (i) contain Contain milk or milk substitutes,;31 (ii) that are Are greater than fifty percent (50%) vegetable juice32 or fruit juice by volume,;33 (iii) or that require Require preparation before consumption,34 such as powders or concentrates.;35 (iv) Are sports drinks used for hydration;36 (v) Are used as an oral rehydration electrolyte solution formu-37 lated to prevent or treat dehydration; or38 (vi) Are manufactured as a source of necessary nutrition or di-39 etary supplement.40 (2) The director of the department of health and welfare shall request a41 waiver from the United States department of agriculture to exclude candy and42

2 soda from the definition of eligible foods under 7 CFR 271.2. If such waiver1 is granted, then the director shall prohibit the purchase of candy and soda2 with benefits provided through the supplemental nutrition assistance pro-3 gram. If no such waiver is granted, then the director shall request such a4 waiver annually until such waiver is granted.5

SECTION 2. An emergency existing therefor, which emergency is hereby6 declared to exist, this act shall be in full force and effect on and after7 July 1, 2026.8