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AN ACT relating to nourishment and choice in the Supplemental Nutrition 1
Assistance Program. 2
WHEREAS, the health of Kentuckians is intrinsically tied to daily nouri shment 3
choices; and 4
WHEREAS, a major step in decreasing poor health outcomes, including obesity 5
and chronic disease, is reducing consumption of sugar-sweetened and artificially flavored 6
beverages as well as foods of minimal nutritional value; and 7
WHEREAS, the core mission of the Supplemental Nutrition Assistance Program is 8
supporting access to nutritious and nourishing foods that alleviate hunger and combat 9
malnutrition; and 10
WHEREAS, the continued improvement of Kentuckians' health depends upon 11
realigning t he Supplemental Nutrition Assistance Program with its core mission by 12
empowering Kentuckians benefiting from the Supplemental Nutrition Assistance 13
Program to make the most nourishing and healthiest possible choices; 14
NOW, THEREFORE, 15
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 16
Section 1. KRS 205.1783 is amended to read as follows: 17
In order to improve access to the Supplemental Nutrition Assistance Program, reduce 18
administrative costs associated with the program, [and ]enhance program integrity, and 19
support new dietary guidelines, and promote better health outcomes of participants and 20
the use of healthy food for nutrition purposes, the cabinet shall: 21
(1) Within one hundred eighty (180) days after July 14, 2022: 22
(a) Establish a transitional benefit alternative as described in 7 C.F.R. secs. 23
273.26 to 273.32; 24
(b) Request a waiver from t he United States Department of Agriculture to 25
implement: 26
1. An Elderly Simplified Application Project for individuals who have no 27
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earned income and who are over sixty (60) years of age or who are 1
disabled; and 2
2. A standard medical deduction waiver for ind ividuals who are over sixty 3
(60) years of age or are disabled; 4
(c) Establish procedures to allow Supplemental Nutrition Assistance Program 5
beneficiaries to recertify eligibility online; 6
(d) To the extent permitted under federal law, develop and implement a n online 7
employment and training program, as defined in 7 U.S.C. sec. 2015(d)(4), for 8
any individual that is subject to work requirements under 7 U.S.C. sec. 9
2015(d)(1); 10
(e) Request a waiver from the United States Department of Agriculture relating to 11
Supplemental Nutrition Assistance time limit exception established in 7 12
C.F.R. sec. 273.24(c)(4); and 13
(f) Promulgate administrative regulations in accordance with KRS Chapter 13A 14
necessary to administer this section;[ and] 15
(2) Within ninety (90) days after Jul y 14, 2022, require all households receiving 16
Supplemental Nutrition Assistance benefits, except for those households described 17
in subsection (1)(b) of this section, to comply with the change reporting 18
requirements permitted pursuant to 7 C.F.R. sec. 273.12(a); and 19
(3) (a) On or before November 30, 2026, the cabinet shall request a waiver from 20
the United States Department of Agriculture to prohibit the purchase of 21
accessory foods and any other food items of minimal nutritional value, as 22
determined by the cabinet, with Supplemental Nutrition Assistance Program 23
benefits. 24
(b) As used in this subsection: 25
1. "Accessory food" means a food item excluded from the definition of a 26
staple food under 7 C.F.R. sec. 271.2, and includes the following: 27
UNOFFICIAL COPY 26 RS BR 1583
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a. Candy; 1
b. Soft drinks; and 2
c. Specialty coffee drinks; 3
2. "Candy": 4
a. Means a preparation of sugar, honey, or other natural or 5
artificial sweeteners in combination with chocolate, fruits, nuts, 6
or other ingredients or flavorings in the form of bars, drops, or 7
pieces; and 8
b. Shall not include any preparation containing flour or any item 9
requiring refrigeration; 10
3. "Soft drinks": 11
a. Means nonalcoholic beverages that contain natural or artificial 12
sweeteners; and 13
b. Shall not include beverages that contain milk or milk products, 14
soy, rice, or similar milk substitutes, or greater than fifty percent 15
(50%) of vegetable or fruit juice by volume; and 16
4. "Specialty coffee drinks" means a nonalcoholic coffee or coffee-based 17
beverage containing fewer than sixteen (16) fluid ounces of prod uct 18
per bottle, can, or carton, whether individually packaged or packaged 19
in a group container, and containing at least twenty (20) grams of 20
sugar or any amount of artificial sweetener. 21
(c) The cabinet shall appear before the Interim Joint Committee on Health 22
Services at three (3) separate committee meetings to provide updates: 23
1. At the start of the waiver application drafting process; 24
2. When the waiver application is substantially complete; and 25
3. After the waiver application has been submitted to the United States 26
Department of Agriculture. 27
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(d) If a waiver is granted, the secretary shall prohibit the purchase of accessory 1
foods and any other food items of minimal nutritional value, as dete rmined 2
by the cabinet, with Supplemental Nutrition Assistance Program benefits. 3
(e) If a waiver is not granted, the secretary, if instructed by the General 4
Assembly in accordance with KRS 205.525, shall resubmit the waiver with 5
modifications based on instructions from the General Assembly. 6
(f) The cabinet shall promulgate administrative regulations in accordance with 7
KRS Chapter 13A necessary to administer this section. 8
(4) (a) On or before November 30, 2026, the cabinet shall request a waiver from 9
the United States Department of Agriculture to allow hot foods, as excluded 10
in 7 C.F.R. sec. 271.2, to be purchased from grocery stores using 11
Supplemental Nutrition Assistance Program benefits. 12
(b) As used in this subsection: 13
1. "Grocery store": 14
a. Means a store e ngaged primarily in the retail sale of packaged 15
food, rather than food prepared for consumption on the 16
premises; and 17
b. Does not include convenience stores or gas stations; 18
2. "Hot foods": 19
a. Means any meat, poultry, or fish food product that is hot at the 20
point of sale, regardless of who cooks or heats it; and 21
b. Does not include coffee, tea, or any substantially coffee -based or 22
tea-based beverage. 23
(c) The cabinet shall appear before the Interim Joint Committee on Health 24
Services at three (3) separate committee meetings to provide updates: 25
1. At the start of the waiver application drafting process; 26
2. When the waiver application is substantially complete; and 27
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3. After the waiver application has been submitted to the United States 1
Department of Agriculture. 2
(d) If a waiver is granted, the secretary shall allow the purchase of hot foods at 3
grocery stores with Supplemental Nutrition Assistance Program benefits. 4
(e) If a waiver is not granted, the secretary, if instructed by the General 5
Assembly in accordance wi th KRS 205.525, shall resubmit the waiver with 6
modifications based on instructions from the General Assembly. 7
(f) The cabinet shall promulgate administrative regulations in accordance with 8
KRS Chapter 13A necessary to administer this section. 9