Official Summary Text
SB1368 - 572R - Senate Fact Sheet
Assigned to
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VETOED
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
VETOED
FACT SHEET FOR
H.B. 2396/S.B. 1368
SNAP; allowed
purchases; waiver
Purpose
Requires the
Director of the Department of Economic Security (Director) to request a waiver
from the U.S. Department of Agriculture (USDA) granting the authority to
restrict the purchase of specified noneligible foods using Supplemental
Nutrition Assistance Program
(SNAP) benefits.
Background
SNAP is a
federal program that provides food benefits to low-income families to
supplement the family's grocery budget and assist the family in affording
nutritious food. Nutrition Assistance, formerly known as The Food Stamp
Program, is Arizona�s program under SNAP and is administered by the Department
of Economic Security (DES). Nutrition Assistance provides eligible households
with monthly benefits that may be used to purchase nutritious food. SNAP
benefits allow members to purchase specified eligible items, including but not
limited to: 1) fruits and vegetables; 2) breads and cereals; 3) meats, fish and
poultry; 4) dairy products; 5) seeds and plants that produce food for
consumption; and 6) infant formula and diabetic foods. SNAP benefits exclude
the purchase of certain items, such as: 1) alcoholic beverages; 2) cigarettes
or tobacco;
3) vitamins and minerals; 4) non-food items; and 5) foods that are hot at the
point of sale (
USDA
;
DES
).
States may
request approval from the USDA to test changes to SNAP administration through
waivers or through pilot or demonstration projects authorized under federal
law. The USDA has authority to approve time-limited demonstration projects
designed to evaluate potential program changes and impacts on participants and
program operations. If a requested waiver is not approved, a state may pursue a
USDA-approved pilot or demonstration project as an alternative mechanism to
test proposed changes (
7
U.S.C. � 2026
).
There is no anticipated
fiscal impact to the state General Fund associated with this legislation.
Provisions
1.
Requires the Director to request a waiver from the USDA granting the
authority to restrict the purchase of noneligible foods using SNAP benefits.
2.
Stipulates
that, if the waiver is not granted, the Director:
a)
must resubmit the request annually; and
b)
may
pursue the USDA pilot or demonstration authority as allowed under federal law.
3.
Requires DES to provide clear guidance to SNAP recipients and retailers
and allow a reasonable implementation period to ensure compliance with the
restriction of noneligible food purchases.
4.
Specifies that the restriction on noneligible food purchases does not
reduce benefit amounts, restrict access to eligible foods or limit
participation in SNAP.
5.
Defines
eligible foods
as any food item that may be purchased using SNAP
benefits, including:
a)
whole meats, poultry and fish, including frozen, fresh or canned
products;
b)
dairy products, including milk, cheese, yogurt, butter, cream and milk
alternatives;
c)
eggs and egg substitutes;
d)
fruits and vegetables, including fresh, frozen, dried or canned products
without added sweeteners;
e)
grains and grain products, including flour, rice, pasta, cereals and
tortillas;
f)
cooking oils and fats;
g)
water products without added sweeteners or sugar substitutes;
h)
100 percent fruit or vegetable juice; and
i)
any
food item approved for purchase under the federal Women, Infants and Children
food program.
6.
Defines
noneligible foods
as:
a)
sugar-sweetened beverages, including soda and energy drinks;
b)
candy and confectionery products;
c)
snack foods of minimal nutritional value as defined by the USDA; and
d)
prepared
hot foods intended for immediate consumption.
7.
Contains a statement of legislative findings.
8.
Becomes effective on the general effective date.
Governor's
Veto Message
The Governor
indicates in her
veto
message
that H.B. 2396 would deprive
Arizonans receiving SNAP benefits of the dignity and economic freedom enjoyed
by other grocery shoppers.
House Action
����������������������������������������������������������
Senate
Action
HHS��������������� 1/26/26����� DPA��� 7-5-0-0�������������� HHS��������������� 1/28/26����� DP��������� 4-3-0
3
rd
Read��������� 2/12/26����������������� 34-25-1�������������� 3
rd
Read��������� 2/11/26�������������������� 17-13-0
3
rd
Read*�������� 2/16/26����������������� 33-25-2�������������� 3
rd
Read ��������� 2/16/26�������������������� 17-12-1
*
on
reconsideration��������������������� ��������������������������
(S.B. 1368
was returned
to the Senate where H.B. 2396 was substituted for S.B. 1368
on 3
rd
Read)
Vetoed by the Governor on 2/20/26
Prepared by Senate Research
March 10, 2026
MM/hk
Current Bill Text
Read the full stored bill text
SB1368 - 572R - S Ver
Senate Engrossed
SNAP; allowed
purchases; waiver.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1368
AN
ACT
amending title 46, chapter 2, article 2,
Arizona Revised Statutes, by adding section 46-232; relating to the
supplemental nutrition assistance program.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 46, chapter 2, article 2,
Arizona Revised Statutes, is amended by adding section 46-232, to read:
START_STATUTE
46-232.
Use of supplemental nutrition assistance benefits; purchases;
waiver; definitions
A. The director of the department of
economic security shall request any waiver from the united states department of
agriculture to implement this section that includes the authority to restrict
the purchase of noneligible foods using supplemental nutrition assistance
program benefits.
B. If the WAIVER is not granted, the
director shall resubmit the request annually and may pursue the united states
department of agriculture pilot or demonstration authority as allowed under
federal law.
C. The department shall provide clear
guidance to supplemental nutrition assistance program recipients and retailers
and allow a reasonable implementation period to ensure compliance with this
section.
D. This section does not reduce
benefit amounts, restrict access to eligible foods or limit participation in
the supplemental nutrition assistance program.
E. For the purposes of this section:
1. "Eligible foods" means
any food item that may be purchased using supplemental nutrition assistance
program benefits and includes the following categories:
(
a
) Whole
meats, poultry and fish, including frozen, fresh or canned products.
(
b
) Dairy
products, including milk, cheese, yogurt, butter, cream and milk alternatives.
(
c
) Eggs and
egg substitutes.
(
d
) Fruits and
vegetables, including fresh, frozen, dried or canned products without added
sweeteners.
(
e
) Grains and
grain products, including flour, rice, pasta, cereals and tortillas.
(
f
) Cooking
oils and fats.
(
g
) Water
products without added sweeteners or sugar substitutes.
(
h
) One hundred
percent fruit or vegetable juice.
(
i
) Any food
item approved for purchase under the federal women, infants and children food
program.
2. "Noneligible foods"
includes any of the following:
(
a
) Sugar-sweetened
beverages, including soda and energy drinks.
(
b
) Candy and
confectionery products.
(
c
) Snack foods
of minimal nutritional value as defined by the united states department of
agriculture.
(
d
) Prepared
hot foods intended for immediate consumption.
END_STATUTE
Sec. 2.
Legislative findings
A. The
legislature finds that the supplemental nutrition assistance program is
intended to:
1. Promote access to
nutritious food.
2. Support the health and
well-being of recipients.
3. Ensure responsible
stewardship of taxpayer monies.
B. The purpose of section
46-232, Arizona Revised Statutes, as added by this act, is to prioritize
access to whole and minimally processed foods while limiting the purchase of
items with minimal nutritional value.