Revision: Dec. 17, 2025, 9 a.m.
HB 1797-FN - AS INTRODUCED
2026 SESSION
26-2927
05/08
HOUSE BILL 1797-FN
SPONSORS: Rep. Kofalt, Hills. 32
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill:
I. Directs the department of health and human services to submit a waiver to the United States Department of Agriculture to prohibit the purchase of candy and soft drinks with SNAP benefits.
II. Strengthens work requirements for SNAP eligibility.
III. Directs the department of health and human services to enter into data-sharing agreements with other state agencies to verify SNAP benefit eligibility.
IV. Directs the department to verify eligibility of enrollees that make exclusively out-of-state purchases.
V. Prohibits the department from using their discretion to set more lenient standards for SNAP eligibility or exemptions than those outlined in federal law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2927
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; SNAP; Demonstration Waiver to Prohibit the Purchase of Candy and Soft Drinks with SNAP Benefits. Amend RSA 167 by inserting after section 17-d the following new sections:
167:17-e Demonstration Waiver to Prohibit the Purchase of Candy and Soft Drinks with SNAP Benefits. 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 candy and soft drinks from the definition of eligible foods under the Supplemental Nutrition Assistance Program (SNAP). Upon approval of the waiver, the commissioner shall adopt rules under RSA 541-A relative to the definition of candy and soft drinks for purposes of this section. The department shall provide periodic reports to the fiscal committee of the general court and the standing committees of the house of representatives and state senate with authority over health and human services issues throughout the waiver development, approval, and implementation processes. A report shall be made to the fiscal committee of the general court and the standing committees within 6 months of the end of the first full year of waiver implementation and subsequently on an annual basis.
167:17-f SNAP Benefit Eligibility Criteria and Verification Procedures.
I. The department of health and human services shall not seek any waiver of work requirements for able-bodied adults without dependents under 7 U.S.C. section 2015(o)(4), nor shall the department adopt any discretionary exemptions from the work requirement under 7 U.S.C. section 2015(o)(6)(E) without prior legislative approval.
II. Unless expressly required by federal law, the department of health and human services shall not:
(a) Grant categorical eligibility under 7 U.S.C. section 2014(a) or 7 C.F.R. section 273.2(j)(2)(ii) for any noncash, in-kind or other benefit.
(b) Apply gross income standards for SNAP higher than the standards specified in ?7 U.S.C. section 2014(c).
(c) Apply asset standards for SNAP higher than the standards specified in 7 U.S.C. section 2014(g).
III. The department of health and human services shall enter into a data-matching agreement with the lottery and gaming commission to identify households with lottery or gambling winnings of $3,000 or more and, to the extent permissible under federal law, treat this data as verified upon receipt. To the extent that the data may not be verified upon receipt, department shall make such referrals as may be necessary to identify households with winnings equal to or greater than the resource limit for elderly or disabled households as defined in 7 CFR 273.8(b).?
IV. The department of health and human services shall enter into a data-sharing agreement with the secretary of state, division of vital records, to receive and review, on a monthly basis, information relative to individuals in households enrolled in SNAP that indicate a change in circumstances that may affect eligibility for SNAP.
V. The department shall enter into a data-sharing agreement with the department of employment security to receive and review, on at least a quarterly basis, information relative to individuals in households enrolled in SNAP that indicate a change in circumstances that may affect eligibility for SNAP, including but not limited to changes in employment or wages.
VI. The department shall enter into a data-sharing agreement with the department of corrections to receive and review, on at least a monthly basis, information relative to individuals in households enrolled in SNAP who indicated a change in circumstance that may affect eligibility, such as incarceration.
VII. The department shall enter into a data-sharing agreement with the department of economic security to receive and review, on at least a semi-monthly basis, information relative to individuals in households enrolled in SNAP who indicated a change in circumstance that may affect eligibility for SNAP, including but not limited to potential changes in employment, income, or assets.
VIII. The department shall review, on at least a monthly basis, earned income information, death register information, incarceration records, supplemental security income information, beneficiary records, earnings information, and pension information maintained by the United States Social Security administration to assess changes in circumstances for individuals in households enrolled in SNAP that indicates a changes may affect eligibility for SNAP.
IX. The department shall review, on at least a monthly basis, income and employment information maintained in the national directory of new hires database and child support enforcement data maintained by the United States Department of Health and Human Services to assess changes in circumstances for individuals in households enrolled in SNAP that indicate a changes that may affect eligibility for SNAP.
X. The department shall review, on at least a monthly basis, payment and earnings information maintained by the United States Department of Housing and Urban Development to assess changes in circumstances for individuals in households enrolled in SNAP that indicate a change in circumstances that may affect eligibility for SNAP.
XI. The department shall review, on at least a monthly basis, national fleeing felon information maintained by the United States Federal Bureau of Investigation to assess changes in circumstances for individuals in households enrolled in SNAP that indicate a change that may affect eligibility for SNAP.
XII. The department shall assign households with zero net income, households with an able-bodied adult without dependent member, or other households with circumstances that are deemed unstable by the department to eligibility certification periods of no greater than 4 months but generally no less than 3 months, as allowed pursuant to 7 CFR 273.10(f)(3)(ii).
XIII. The department shall utilize on at least a monthly basis the Systematic Alien Verification for Entitlements online service or any other federal database used to determine citizenship or immigration status to verify that an individual that is enrolled in or applying for SNAP benefits is a United States citizen or alien that is eligible for food stamps pursuant to 7 U.S.C. section 2015(f).
XIV. The department shall verify citizenship or qualified alien status pursuant to 7 U.S.C. section 2015(f) upon enrollment and during eligibility recertification with acceptable forms of proof of citizenship or qualified alien status including birth or hospital records, voter registration cards, U.S. passports, and United States Customs and Immigration Service documentation to verify citizenship or naturalization such as the Systematic Alien Verification for Entitlements online service.
XV. The department shall prohibit any individual from receiving SNAP benefits unless they are a citizen or a qualified alien eligible for SNAP pursuant to 7 U.S.C. section 2015(f) and refer the individual to the United States Customs and Immigration Services if it is determined by the department that an individual applying, receiving, or recertifying their eligibility for SNAP benefits in New Hampshire is an illegal alien.
2 New Paragraph; Prohibited Use of EBT Cards. Amend RSA 167:7-b by inserting after paragraph IV the following new paragraph:
V. The department shall, on at least a monthly basis, utilize EBT card data to flag any individual making purchases exclusively out-of-state over a 60-day period. The department shall contact each individual flagged for exclusively making out-of-state purchases over a 60-day period within 30 days to determine whether they reside in New Hampshire and remove those who are determined not to be residing in New Hampshire or do not respond. The department shall be required within 15 days to refer any individual who was determined to be receiving New Hampshire SNAP benefits while not residing in the state to the United States Attorney’s Office for the district in which the individual is determined or claims to reside for further investigation.
3 Effective Date. This act shall take effect July 1, 2026.
26-2927
12/16/25
HB 1797-FN- FISCAL NOTE
AS INTRODUCED
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 initially contacted on 12/3/25 for a fiscal note worksheet, with follow-up contact made on 12/11/25. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services