1 New Section; SNAP; Demonstration Waiver to Prohibit the Purchase of Certain Foods with SNAP Benefits. Amend RSA 167 by inserting after section 17-d the following new section:

167:17-e Demonstration Waiver to Prohibit the Purchase of Certain Foods with SNAP Benefits.

I. On or before January 1, 2027, the department of health and human services shall submit a demonstration project waiver under 7 U.S.C. 2026(b) to the U.S. Department of Agriculture, Food Nutrition Services, to allow the state to exclude sweetened drinks and candy from the definition of eligible foods under 7 C.F.R. section 271.2 for purposes of the Supplemental Nutrition Assistance Program (SNAP).

II. The waiver request shall:

(a) Exclude sweetened drinks and candy from the definition of eligible foods under SNAP.

(b) Propose methods of implementation, including coordination with retailers.

(c) Establish an education and outreach program to help SNAP recipients make healthy food choices.

(d) Include an evaluation plan to measure the impact of the restriction on nutrition, health outcomes, and program integrity.

III. Upon federal approval of the waiver, the commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this section.

IV. Retailers participating in SNAP shall be notified of the new restrictions and provided technical assistance to update point-of-sale systems.

V. Beginning November 1, 2026, the commissioner shall submit an annual report to the governor, the president of the senate, and the speaker of the house of representatives relative to:

(a) The status of the federal waiver request.

(b) Implementation progress.

(c) Data on program outcomes, including changes in purchasing patterns and health indicators among SNAP recipients.

VI. In this section:

(a) "Sweetened drink" means any nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, and flavored water, but excluding beverages that contain milk or milk substitutes, soy, rice, or similar dairy alternative ingredients, or that contain more than 50 percent, by volume, of fruit or vegetable juice. "Sweetened drink" shall not include coffee or unsweetened tea, 100 percent fruit or vegetable juice, or beverages containing more than 50 percent juice by volume, milk, milk substitutes, dairy-based drinks, or similar beverages.

(b) "Candy" means any solid, semi-solid, or molded preparation of sugar, sweeteners (natural or artificial), or chocolate, with or without added ingredients such as flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as candy, chocolate bar, chewing gum, or similar confectionery. "Candy" shall not include baked goods, cakes, cookies, muffins, brownies, pastries, bread, or similar products primarily identified and sold as bakery or bread products, regardless of sweetener content.

2 Effective Date. This act shall take effect 60 days after its passage.

1 New Section; SNAP; Demonstration Waiver to Prohibit the Purchase of Certain Foods with SNAP Benefits. Amend RSA 167 by inserting after section 17-d the following new section:

167:17-e Demonstration Waiver to Prohibit the Purchase of Certain Foods with SNAP Benefits.

I. On or before January 1, 2027, the department of health and human services shall submit a demonstration project waiver under 7 U.S.C. 2026(b) to the U.S. Department of Agriculture, Food Nutrition Services, to allow the state to exclude sweetened drinks and candy from the definition of eligible foods under 7 C.F.R. section 271.2 for purposes of the Supplemental Nutrition Assistance Program (SNAP).

II. The waiver request shall:

(a) Exclude sweetened drinks and candy from the definition of eligible foods under SNAP.

(b) Propose methods of implementation, including coordination with retailers.

(c) Establish an education and outreach program to help SNAP recipients make healthy food choices.

(d) Include an evaluation plan to measure the impact of the restriction on nutrition, health outcomes, and program integrity.

III. Upon federal approval of the waiver, the commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this section.

IV. Retailers participating in SNAP shall be notified of the new restrictions and provided technical assistance to update point-of-sale systems.

V. Beginning November 1, 2026, the commissioner shall submit an annual report to the governor, the president of the senate, and the speaker of the house of representatives relative to:

(a) The status of the federal waiver request.

(b) Implementation progress.

(c) Data on program outcomes, including changes in purchasing patterns and health indicators among SNAP recipients.

VI. In this section:

(a) "Sweetened drink" means any nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, and flavored water, but excluding beverages that contain milk or milk substitutes, soy, rice, or similar dairy alternative ingredients, or that contain more than 50 percent, by volume, of fruit or vegetable juice. "Sweetened drink" shall not include coffee or unsweetened tea, 100 percent fruit or vegetable juice, or beverages containing more than 50 percent juice by volume, milk, milk substitutes, dairy-based drinks, or similar beverages.

(b) "Candy" means any solid, semi-solid, or molded preparation of sugar, sweeteners (natural or artificial), or chocolate, with or without added ingredients such as flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as candy, chocolate bar, chewing gum, or similar confectionery. "Candy" shall not include baked goods, cakes, cookies, muffins, brownies, pastries, bread, or similar products primarily identified and sold as bakery or bread products, regardless of sweetener content.

2 Effective Date. This act shall take effect 60 days after its passage.