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HB492 INTRODUCED
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HB492
L53FDAW-1
By Representative Ingram
RFD: Health
First Read: 24-Feb-26
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L53FDAW-1 02/19/2026 GP (L)lg 2026-994
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First Read: 24-Feb-26
SYNOPSIS:
This bill would require the State Department of
Human Resources to request a waiver from the United
States Department of Agriculture Food and Nutrition
Service to exclude candy, soda, prepared desserts, and
energy drinks from the definition of eligible food for
purposes of SNAP benefits.
If the waiver is granted, this bill would
require the department to prohibit the purchase of
candy, soda, prepared desserts, and energy drinks with
SNAP benefits.
If the waiver is granted, this bill would
require the Department of Revenue to provide guidance
on SNAP-eligible purchases to retailers.
This bill would also require the department to
annually resubmit the request for a waiver if the
request is denied.
A BILL
TO BE ENTITLED
AN ACT
Relating to public assistance; to require the
Department of Human Resources to request a waiver to exclude
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Department of Human Resources to request a waiver to exclude
candy, soda, prepared desserts, and energy drinks from the
definition of "eligible foods" for purposes of SNAP benefits;
to require the department to prohibit the purchase of candy,
soda, prepared desserts, and energy drinks with SNAP benefits
if the waiver is granted; to require the Department of Revenue
to coordinate implementation of the waiver and provide for the
duties of the department; and to provide for the resubmission
of the request, if the request is denied.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) CANDY. Food products that list sugar, cane sugar,
corn syrup, or high fructose corn syrup as a primary
ingredient. The term includes any confectionery products
primarily composed of sugar or sweeteners and intended for
consumption as candy, including, but not limited to, chocolate
bars, non-chocolate candy, chewing gum, and similar products.
The term does not include any baked goods, prepared desserts,
bakery items, baking mixes, cooking ingredients, dessert
toppings, frostings, jellies, jams, marshmallows, hot cocoa
mix, powdered drink mixes, or other foods intended primarily
for cooking, baking, or meal preparation.
(2) DEPARTMENT. The Alabama Department of Human
Resources.
(3) ENERGY DRINK. A beverage containing at least 65
milligrams of caffeine per eight fluid ounces which is
advertised as being specifically designed to provide metabolic
stimulation or an increase to the consumer's mental or
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stimulation or an increase to the consumer's mental or
physical energy. The term does not include coffee or tea or
any substantially coffee or tea-based beverage.
(4) PREPARED DESSERT. A processed, shelf-stable,
ready-to-eat, pre-packaged sweet food intended for immediate
consumption without any further preparation. The term includes
foods mostly made out of chemically modified substances
extracted from foods, along with additives to enhance taste,
texture, appearance, and durability, with minimal whole foods.
(5) SNAP BENEFIT. A financial benefit, coupon, or
privilege available under the federal Supplemental Nutrition
Assistance Program, 7 U.S.C. Chapter 51.
(6) SODA. Beverages that list, as the first two
ingredients, any combination of: (i) carbonated water; and
(ii) sugar, cane sugar, corn syrup, or high fructose corn
syrup. The term does not include any beverages that contain
low or non-caloric sweeteners.
(7) USDA FOOD AND NUTRITION SERVICE. The United States
Department of Agriculture Food and Nutrition Service.
(b) The commissioner of the department shall request a
waiver from the USDA Food and Nutrition Service to authorize
the department to exclude candy, soda, prepared desserts, and
energy drinks from the definition of "eligible foods" under 7
C.F.R. § 271.2.
(c)(1) If the waiver described in subsection (b) is
approved by the USDA Food and Nutrition Service, the
department shall prohibit the use of SNAP benefits for the
purchase of candy, soda, prepared desserts, and energy drinks
provided that retailers must be provided at least one month's
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provided that retailers must be provided at least one month's
notice before the waiver may become effective. The Department
of Revenue, in consultation with the department, shall provide
notice of the effective date of the waiver to SNAP-authorized
retailers.
(2) The Department of Revenue shall coordinate with
SNAP-authorized retailers to implement the approved waiver.
The Alabama Department of Revenue shall work directly with
retailers to:
a. Identify items included and excluded under the
waiver; and
b. Provide guidance on SNAP-eligible and
SNAP-ineligible purchases. The guidance shall include, but not
be limited to, product identification on existing universal
product codes or other standard point-of-sale identifiers used
by retailers.
(3) The Department of Revenue shall offer technical
assistance, training, and any other necessary resources to
support retailers in compliance with the waiver and minimize
disruption to retail operations.
(d) If the waiver described in subsection (b) is
denied, the commissioner shall resubmit the request for a
waiver to the USDA Food and Nutrition Service annually until
approval is granted.
Section 2. This act shall become effective on October
1, 2026.
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