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Panel advances bill to bar SNAP purchases of candy and soda if federal waiver is updated

Committee on Welfare Reform · February 13, 2026

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Summary

The Committee on Welfare Reform voted to advance HB 27-38, which would direct the secretary for children and families to obtain an updated Food and Nutrition Service waiver to prohibit SNAP purchases of candy and soft drinks under a clarified Oklahoma definition. The committee adopted technical and timing amendments before passing the bill out favorably.

The Committee on Welfare Reform advanced House Bill 27-38 on a voice vote after adopting two amendments that clarified federal citations and set deadlines for implementation and waiver renewal.

Jenna from the reviser's office told the committee HB 27-38 would "direct the secretary for children and families to request or update a pending waiver application from the Food and Nutrition Service to allow the state to prohibit the purchase of food commonly marketed, advertised, or recognized as candy and soft drinks" under Oklahoma definitions. The committee first approved a technical correction to the federal regulation citation to ensure the bill cites the correct Code of Federal Regulations reference.

During debate, supporters said updating the statutory definition would reduce confusion for retailers and make it easier for the state to secure and implement a federal waiver. "It would require DCF to request an updated version of the waiver with the new definition," the chair said when explaining how a statutory change would interact with DCF's ongoing waiver work.

Members also adopted a second amendment requiring the secretary to implement any granted waiver within six months and to resubmit a waiver request 12 months before an existing waiver's expiration to maintain continuity for retailers.

Opponents raised concerns about the effect on retailers and access in low-income and rural areas. Representative Owsley read written testimony from Fuel True Independent Energy and Convenience arguing that limiting eligible purchases could "create food deserts" if convenience stores stop accepting SNAP, and that there was "no evidence that eliminating these items from SNAP eligibility will actually reduce the consumption of unhealthy foods." Representative Carr warned the committee not to treat affected communities as "guinea pigs" and urged waiting for clearer federal action from DCF before changing state statute. Representative Simmons urged more public input, saying some districts are "food deserts" in practice and could be disproportionately affected.

Proponents emphasized public-health benefits. Representative Pickert described rising childhood obesity and type 2 diabetes and argued the bill would encourage healthier choices for households that receive SNAP benefits.

After discussion the committee moved the bill out favorably. Representative Humphreys moved that HB 27-38 be passed as amended; Representative Helwig seconded. The voice vote carried and the committee reported the bill favorably to the next stage; a small number of members asked to have their dissent recorded.