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SB57 ENROLLED
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SB57
BY7ERQJ-2
By Senators Orr, Chesteen, Carnley, Waggoner, Barfoot, Stutts,
Hovey, Kelley, Weaver, Givhan, Allen, Butler
RFD: Finance and Taxation General Fund
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to public assistance; to require the
Department of Human Resources to request a waiver to exclude
candy and soda from the definition of "eligible foods" for
purposes of SNAP benefits; to require the department to
prohibit the purchase of candy and soda with SNAP benefits if
the waiver is granted; to provide for the resubmission of the
request, if the request is denied; to require the Governor to
designate an agency to publish certain information relating to
products that are ineligible for purchase using SNAP benefits;
and to prohibit penalties for certain retailers for accidental
noncompliance, with exceptions.
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.
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for cooking, baking, or meal preparation.
(2) DEPARTMENT. The Alabama Department of Human
Resources.
(3) SNAP BENEFIT. A financial benefit, coupon, or
privilege available under the federal Supplemental Nutrition
Assistance Program, 7 U.S.C. Chapter 51.
(4) 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.
(5) 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 and soda from the definition
of "eligible foods" under 7 C.F.R. § 271.2. The requested
waiver shall include an implementation date of no sooner than
April 1, 2027.
(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 and soda, provided that retailers must be
provided at least one month's notice before the waiver may
become effective. The department shall provide notice of the
effective date of the waiver to SNAP-authorized retailers.
(2) If the waiver described in subsection (b) is
approved by the USDA Food and Nutrition Service, the Governor
shall direct the appropriate agency to publish a list of items
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shall direct the appropriate agency to publish a list of items
included and excluded under the waiver. The list shall
include, but not be limited to, product identification on
existing universal product codes or other standard
point-of-sale identifiers used by retailers.
(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.
(e) If the waiver described in subsection (b) is
approved, no retailer may be subject to any fine, penalty, or
other punishment for the accidental acceptance of SNAP
benefits for the purchase of candy or soda, unless the
retailer has more than three accidental acceptances during one
fiscal year.
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB57
Senate 03-Mar-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Senate 09-Apr-26
I hereby certify that the within Act originated in and passed
the Senate, as amended by Conference Committee Report.
Patrick Harris,
Secretary.
House of Representatives
Passed: 08-Apr-26, as amended.
House of Representatives
Passed: 09-Apr-26, as amended by Conference Committee Report.
By: Senator Orr
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