SNAP; direct DHS to seek waiver to allow prohibiting purchase of soft drinks, energy drinks and candy with.

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To: Public Health and Human
Services; State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

HOUSE BILL NO. 1033

AN ACT TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO SUBMIT 1
TO THE UNITED STATES DEPARTMENT OF AGRICULTURE A SUPPLEMENTAL 2
NUTRITION ASSISTANCE PROGRAM (SNAP) FOOD RESTRICTION DEMONSTRATION 3
PROJECT REQUEST THAT WILL ALLOW THE STATE OF MISSISSIPPI TO 4
PROHIBIT THE PURCHASE OF SOFT DRINKS, ENERGY DRINKS AND CANDY WITH 5
SNAP BENEFITS; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. (1) The Department of Human Services shall 8
prepare and submit to the United States Department of Agriculture 9
Food and Nutrition Service a Supplemental Nutrition Assistance 10
Program (SNAP) Food Restriction Demonstration Project Request for 11
the Food and Nutrition Service to: 12
(a) Waive the definition of "food" in 7 USC Section 13
2012(k) of the federal Food and Nutrition Act of 2008 to allow the 14
State of Mississippi to modify the list of items that can be 15
excepted from the definition of "food" items to include as an 16
exception, and therefore be ineligible for purchase with SNAP 17
benefits, soft drinks, energy drinks and candy; and 18
(b) Waive the definition of "eligible foods" in 7 CFR 19
Section 271.2 to allow the State of Mississippi to modify the list 20
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of items that can be excepted from the definition of "eligible 21
foods" to include as an exception, and therefore be ineligible for 22
purchase with SNAP benefits, soft drinks, energy drinks and candy. 23
(2) As used in subsection (1) of this section, the following 24
terms shall be defined as provided in this subsection: 25
(a) "Soft drinks" means any carbonated nonalcoholic 26
beverage containing high fructose corn syrup or artificial 27
sweeteners. This term does not include flavored carbonated water, 28
or any beverages that contain milk or milk products, soy, rice or 29
similar milk substitutes, or any beverage containing equal to or 30
greater than fifty percent (50%) of vegetable or fruit juice by 31
volume. 32
(b) "Energy drinks" means carbonated or noncarbonated 33
beverages that contain a stimulant such as fortified caffeine, 34
guarana, glucuronolactone or taurine and that are specifically 35
formulated to enhance energy, alertness, or physical performance. 36
Energy drinks may also include herbal extracts such as ginseng, 37
mineral salts and vitamins, or high doses of organic acids, amino 38
acids, inositol, sugars or other similar compounds in addition to 39
sweeteners. Juices or natural fruit pulp or concentrates may also 40
be added to energy drinks. 41
(c) "Candy" means a preparation of sugar, honey or 42
other natural or artificial sweeteners in combination with 43
chocolate, fruits, nuts or other ingredients or flavorings in the 44
form of bars, drops or pieces. This term includes any such 45
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ST: SNAP; direct DHS to seek waiver to allow
prohibiting purchase of soft drinks, energy
drinks and candy with.
preparation that also contains flour and is sold in the form of 46
bars, drops or pieces. This term does not include protein bars, 47
granola bars or baking ingredients such as sprinkles, chocolate 48
melting wafers, toffee bits or chocolate chips. 49
(3) If the SNAP Food Restriction Demonstration Project 50
Request is approved by the Food Nutrition Service, the project 51
shall be implemented beginning on October 1, 2026, and the 52
Department of Human Services shall prohibit the purchase of soft 53
drinks, energy drinks and candy with SNAP benefits during the 54
period that the project is operated by the department. 55
SECTION 2. This act shall take effect and be in force from 56
and after its passage. 57