Kansas committee hears Senate Bill 79 to seek USDA waiver banning candy, soft drinks from SNAP; proposed prepared-food waiver fails 7-6

The Committee on Welfare Reform opened a hearing on Senate Bill 79, a Senate version of a bill previously worked in the House, that would direct the secretary for children and families to request a USDA waiver to exclude candy and soft drinks from the definition of foods eligible for purchase with food assistance (SNAP).

David Weese, revisor with the Revised Statutes Office, told the committee the measure mirrors language the committee considered earlier this year. “It amends the public assistance statute … to propose that the secretary for children and families request a waiver from the USDA to exclude soft drinks and candy from the definition of eligible foods that may be purchased with food assistance or SNAP,” Weese said.

Supporters and opponents largely submitted written testimony; no proponents spoke in person at the hearing. Representative Jay Owsley offered an amendment to require that, if the waiver application were submitted, the secretary also seek a waiver to permit prepared (hot) foods to be treated under the same waiver process and, if not granted, to reapply annually. Representative Owsley described the amendment as aimed at giving SNAP recipients access to hot, ready-to-eat items where a grocery store is not accessible. “Maybe we can do a little bit of good … and try to get folks some hot food options for those that … might be the only alternative they have,” Owsley said in closing his amendment.

Opponents and supporters debated whether adding prepared foods would expand purchases to fast-food and other heated meals. Representative Janice Bergkamp argued the prepared-food waiver “would essentially lead to … you could purchase anything — fast food or a fried Snickers at the fair,” and said it would undercut the intent to limit sugary purchases. Representative Roser, citing the state sales-tax definition, said prepared food includes items heated or combined by the seller and noted the definition could encompass fast-food items.

The committee called for a voice vote and then a division. The amendment, offered by Representative Owsley and seconded by Representative Carr, failed on a 7-to-6 vote. The chair announced the amendment’s failure.

Committee leadership said that although the group sometimes works bills the same day as hearings, time constraints prevented further committee action on Senate Bill 79 that day. The committee adjourned with the bill remaining under consideration but not advanced.

What’s next: The chair scheduled a field visit to the Kansas Department for Children and Families (DCF) the following Tuesday to review the cross-check process and implementation issues referenced in several hearings. The committee indicated it may resume consideration after that briefing.

Votes at a glance: Owsley amendment to Senate Bill 79 (add prepared-food waiver): failed 7–6; mover Representative Jay Owsley; second Representative Carr; outcome: failed.