Revision: Dec. 17, 2025, 8:50 a.m.
HB 1773-FN - AS INTRODUCED
2026 SESSION
26-2391
05/08
HOUSE BILL 1773-FN
AN ACT relative to food and drink purchased under SNAP, the Supplemental Nutritional Assistance Program.
SPONSORS: Rep. Freeman, Belk. 8; Rep. Colcombe, Hills. 30; Rep. Edwards, Rock. 31; Rep. Harvey-Bolia, Belk. 3; Rep. Morse, Merr. 3; Rep. Noble, Hills. 2; Rep. Mandelbaum, Rock. 21; Rep. L. Walsh, Rock. 15; Rep. Harrington, Straf. 18; Sen. Avard, Dist 12
COMMITTEE: Health, Human Services and Elderly Affairs
-----------------------------------------------------------------
ANALYSIS
This bill directs the department of health and human services to submit a waiver to the United States Department of Agriculture to prohibit the purchase of sweetened drinks and candy under SNAP.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2391
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to food and drink purchased under SNAP, the Supplemental Nutritional Assistance Program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
26-2391
12/16/25
HB 1773-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to food and drink purchased under SNAP, the Supplemental Nutritional Assistance Program.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Health and Human Services. The Department was contacted on 12/15/25 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services