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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
903
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
PUBLIC
ASSISTANCE;
AMENDING
SECTION
56
-
275,
IDAHO
CODE,
TO
RE
-
2
VISE
THE
DEFINITIONS
OF
CANDY
AND
SODA;
AND
DECLARING
AN
EMERGENCY
AND
3
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
56
-
275,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
56
-
275.
WAIVER
TO
ENHANCE
NUTRITION
IN
THE
SUPPLEMENTAL
NUTRITION
AS
-
8
SISTANCE
PROGRAM.
(1)
For
the
purposes
of
this
section:
9
(a)
"Candy"
means
a
shelf
-
stable
preparation
of
sugar,
honey,
or
other
10
natural
or
artificial
nutritive
or
nonnutritive
sweeteners
in
combina
-
1
1
tion
with
chocolate,
fruits,
nuts,
or
other
ingredients
or
flavorings
,
12
in
the
form
of
bars,
drops,
or
pieces.
"Candy"
shall
not
include
any
13
preparation
containing
flour
and
shall
require
no
requiring
refrigera
-
14
tion
.
or
any
of
the
following:
15
(i)
Baked
goods
such
as
cookies,
cakes,
muffins,
and
brownies;
16
(ii)
Baking
ingredients
such
as
sprinkles,
chocolate
melting
17
wafers,
toffee
bits,
chocolate
chips,
etc.;
18
(iii)
Savory
or
nonsweet
snacks
such
as
chips,
pretzels,
and
19
crackers;
20
(iv)
Fruit
snacks
made
with
real
fruit,
including
fruit
puree
and
21
fruit
juice
concentrate,
such
as
dried
mango,
apple
chips,
and
22
fruit
leathers;
23
(v)
Trail
mix
and
products
that
list
peanuts
or
tree
nuts
as
the
24
first
ingredient;
25
(vi)
Granola
bars,
breakfast
bars,
snack
bars,
protein
bars,
meal
26
replacement
bars,
and
weight
loss
bars;
or
27
(vii)
Items
used
as
ingredients
in
baking
such
as
sugar,
honey,
and
28
baking
chocolate.
29
(b)
"Soda"
means
any
nonalcoholic
beverage
that
contains
natural
or
ar
-
30
tificial
sweeteners.
"Soda"
does
not
include
any
beverages
that
:
31
(i)
contain
Contain
milk
or
milk
substitutes
,
;
32
(ii)
that
are
Are
greater
than
fifty
percent
(50%)
vegetable
juice
33
or
fruit
juice
by
volume
,
;
34
(iii)
or
that
require
Require
preparation
before
consumption,
35
such
as
powders
or
concentrates
.
;
36
(iv)
Are
sports
drinks
used
for
hydration;
37
(v)
Are
used
as
an
oral
rehydration
electrolyte
solution
formu
-
38
lated
to
prevent
or
treat
dehydration;
or
39
(vi)
Are
manufactured
as
a
source
of
necessary
nutrition
or
di
-
40
etary
supplement.
41
2
(2)
The
director
of
the
department
of
health
and
welfare
shall
request
a
1
waiver
from
the
United
States
department
of
agriculture
to
exclude
candy
and
2
soda
from
the
definition
of
eligible
foods
under
7
CFR
271.2.
If
such
waiver
3
is
granted,
then
the
director
shall
prohibit
the
purchase
of
candy
and
soda
4
with
benefits
provided
through
the
supplemental
nutrition
assistance
pro
-
5
gram.
If
no
such
waiver
is
granted,
then
the
director
shall
request
such
a
6
waiver
annually
until
such
waiver
is
granted.
7
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
8
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
9
July
1,
2026.
10