Text to be removed highlighted in red.
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 non-alcoholic beverage made with water that contains 5 grams or more of added sugar. The term does not include:
(1) Milk or milk products without flavoring;
(2) Soy, rice, or similar milk substitutes; or
(3) More than 50 percent of vegetable or fruit juice by volume.
(b) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings, in the form of bars, drops, or pieces. "Candy" does not include any preparation containing flour or any preparation that requires refrigeration.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
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 non-alcoholic beverage made with water that contains 5 grams or more of added sugar. The term does not include:
(1) Milk or milk products without flavoring;
(2) Soy, rice, or similar milk substitutes; or
(3) More than 50 percent of vegetable or fruit juice by volume.
(b) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings, in the form of bars, drops, or pieces. "Candy" does not include any preparation containing flour or any preparation that requires refrigeration.
2 Effective Date. This act shall take effect 60 days after its passage.