DSS says SNAP waiver to restrict sugary items is under study, not yet submitted

Joint Interim Committee on Health and Human Services · January 6, 2026

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Summary

The Division of Social Services told lawmakers a proposed SNAP waiver to limit purchases of certain high‑sugar products has not been submitted to USDA; DSS is refining definitions with retailers and industry groups, expects substantial evaluation work and said an implementation target of early 2028 would be necessary to prepare retailers and build monitoring capacity.

Legislators pressed the Division of Social Services about an exploratory SNAP waiver referenced in state grant materials that would restrict use of benefits for selected high‑sugar items while also exploring separate authorities to permit purchases of hot prepared foods. DSS deputy Kelly Cantrell said the waiver has not been submitted to federal authorities. "We have not submitted it yet. We are still talking to retailers...we have been talking with multiple entities outside of our division to try and narrow this down and get this specifically...as easy as possible for the retailers," Cantrell said.

Members expressed concern about executive action that could change benefit rules without legislative input, and asked whether the division has funding and technical capacity to implement a restricted‑items waiver. Cantrell acknowledged the evaluation burden is heavy and said the division was not "100% prepared" at this time: DSS staff said they would plan for an implementation date no earlier than Feb. 1, 2028 to accommodate retailer preparation, one‑on‑one surveys, focus groups and evaluation design.

Deputy Cantrell and Administrator Robert Thompson said a parallel policy effort seeks to allow SNAP purchases of hot prepared foods (rotisserie chickens and similar items) to improve access for people without cooking facilities. DSS described a two‑pronged approach (restrict a narrowly defined set of sugar‑heavy items while expanding permitted hot food purchases) but confirmed the public‑interest and retail impacts require extensive stakeholder engagement before any federal waiver is filed. Legislators urged robust public consultation and encouraged DSS to bring proposals before the Legislature during the interim or next session rather than unilaterally implementing restrictions.