Committee hears bill to seek SNAP waiver to exclude candy and soft drinks
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Summary
The Committee on Welfare Reform heard testimony on HB 2,738, which would require the Secretary for Children and Families to request or amend a SNAP waiver to exclude candy and soft drinks from eligible SNAP purchases; proponents argued it aligns SNAP with nutrition goals, while DCF warned changing definitions could delay a pending waiver and that retailers would bear implementation burdens.
A Kansas legislative committee heard competing views on a bill that would require the Secretary for Children and Families to seek a federal waiver to bar SNAP benefits from buying products commonly marketed as candy and soft drinks.
Jenna Moyer, advisor in the Office of Statutes, told the Committee on Welfare Reform that House Bill 2,738 would add language to KSA 39-709 requiring the Secretary to request a waiver from USDA Food and Nutrition Service (FNS) to exclude candy and soft drinks from the federal definition of eligible food. Moyer said the bill uses the Retailer Sales Tax Act (KSA 79-3602) to define soft drinks and adopts a definition of candy similar to one used by Oklahoma, noting that a statutory change would remain in force beyond a single fiscal year unlike an appropriations proviso.
Supporters said the proposal would better align SNAP with its nutrition-focused purpose. Tim Puglisi of FGA Action urged members to back the measure, arguing "SNAP benefits already can't be used for fast food, alcohol, or tobacco in Kansas" and the bill "simply brings SNAP back in line with its purpose, helping families afford nutritious food that supports long term health." Puglisi said soda is the "number 1 item purchased with SNAP benefits" and cited FNS approvals and CMS reports showing a number of states have approved or committed to similar waivers.
Committee members pressed proponents for evidence that limiting purchases would improve health or that retailers in remote 'food deserts' would supply healthier options. Representative Brownlee Page and others said many constituents live in areas without convenient grocery access and worried that limiting SNAP purchases could burden households who rely on convenience stores or delivery options that may not be available or may impose extra cost. Puglisi acknowledged some grocery retailers now accept SNAP for delivery and that the waiver program is a demonstration project intended to evaluate outcomes.
Dr. Carla Whiteside Hicks, director of Economic Employment Services at the Department for Children and Families (DCF), testified neutrally and warned that changing the waiver definition now could delay DCF's pending waiver approval. She said DCF must still submit four plans to FNS — retailer communication, SNAP recipient communication, an evaluation plan and a monitoring and compliance plan — and that retailers, not DCF, would be responsible for implementing most point-of-sale changes. DCF also told members it tracks the number of SNAP-authorized retailers and that current system work for a summer EBT program is already underway.
Members sought fiscal and operational details. Committee members referenced an $825,000 summer EBT proviso and asked whether making statutory changes would affect those funds; DCF warned that delaying the waiver approval could jeopardize program timelines and called the loss of implementation in a year "catastrophic". DCF clarified the population affected as approximately 188,000 SNAP recipients in the state and said it would need additional staff to conduct monitoring if the waiver is implemented.
No committee vote was taken on HB 2,738 at the hearing. The committee received written-only opponent submissions from Bridal Posler (Fuel True Independent Energy and Convenience) and Jennifer Gardner (National Confectioners Association). The committee indicated it will consider follow-up materials and may take action at a future meeting this week.
Next steps: committee members requested additional fiscal details and evidence from states that have implemented similar waivers; the committee will reconvene Thursday and may take up HB 2,738 then.
