An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, providing for healthier choices in SNAP waiver.

PRINTER'S NO. 1240
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1057
Session of
2025
INTRODUCED BY BROOKS, MASTRIANO, ARGALL, HUTCHINSON, CULVER AND
STEFANO, OCTOBER 16, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 16, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
providing for healthier choices in SNAP waiver.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 405.6. Healthier Choices in SNAP Waiver.--(a)
Within 30 days of the effective date of this section, the
department shall submit a request to the Food and Nutrition
Service of the United States Department of Agriculture for a
SNAP food restriction waiver permitting the Commonwealth to
exclude the following products from eligibility under SNAP:
(1) Sugar-sweetened beverages, including, but not limited
to, sodas and other beverages with added sugars and minimal
nutritional value.
(2) Candy.
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(3) Prepared desserts.
(b) Within 60 days of approval of the waiver under
subsection (a), the department shall promulgate regulations and
implement necessary changes to exclude the products identified
in subsection (a) from purchase under SNAP.
(c) The department shall notify the chairperson and minority
chairperson of the Health and Human Services Committee of the
Senate and the chairperson and minority chairperson of the Human
Services Committee of the House of Representatives both when the
department submits the waiver under subsection (a) and upon
receiving notice of the waiver's approval or denial.
(d) Not later than two years after the implementation of a
waiver under subsection (a), the Legislative Budget and Finance
Committee shall prepare and submit a report to the General
Assembly evaluating:
(1) The potential and actual cost savings to Medicaid and
other publicly funded health programs from reduced consumption
of non-nutritive foods.
(2) The public health impacts associated with restricting
the items under subsection (a) from SNAP eligibility, including
effects on rates of obesity, diabetes and other diet-related
chronic conditions.
(3) Any administrative or implementation challenges arising
from the waiver, including impacts on SNAP vendors and program
recipients.
(e) The restrictions of the waiver under subsection (a)
shall not apply to:
(1) One hundred percent fruit or vegetable juice with no
added sugars.
(2) Milk or milk substitutes when milk or the milk
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substitute is the primary ingredient.
(3) Infant formula.
(4) Beverages for medical use.
(5) Medical foods, as defined in 21 U.S.C. § 360ee(b)(3)
(relating to grants and contracts for development of drugs for
rare diseases and conditions).
(6) Liquids sold for use as a meal replacement for weight
reduction or other related purposes.
(7) Unflavored water.
(8) Beverages sweetened only with non-nutritive sweeteners.
(f) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Beverage for medical use." A beverage suitable for human
consumption and manufactured for uses as:
(1) an o ral or enteral nutritional therapy for individuals
who cannot absorb or metabolize caloric or dietary nutrients
from usual food or beverages;
(2) an oral or enteral rehydration electrolyte solution
formulated to prevent or treat dehydration due to illness; or
(3) a beverage that meets the definition of "medical food"
under 21 U.S.C. 360ee(b)(3).
"Candy." Chewing gum, mints and preparations of fruits,
nuts, popcorn or similar products when coated with chocolate,
caramel, toffee or other confectionery coatings. The term does
not include:
(1) protein, nutrition/meal-replacement, granola or cereal
bars that bear a nutrition facts panel and are labeled and
marketed as such bars;
(2) baking or cooking ingredients, including candied fruit
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for baking, chocolate chips or baking chocolate bars, cocoa
powder and marshmallows of any size; or
(3) dried fruit, nuts, popcorn or trail mix consisting
primarily of nuts, seeds and dried fruit, unless coated or
covered in a confectionery coating.
"Prepared dessert." A processed, shelf-stable, ready-to-eat,
prepackaged sweet food intended for immediate consumption
without any further preparation. The term includes sweet baked
goods and confections intended to be eaten as desserts. The term
does not include:
(1) protein, nutrition/meal-replacement, granola or cereal
bars that bear a nutrition facts panel and are labeled and
marketed as such bars; or
(2) bars primarily composed of nuts, seeds and dried fruit
that are not coated in a confectionery coating.
"SNAP." The Supplemental Nutrition Assistance Program.
"Sugar-sweetened beverage." Any nonalcoholic beverage,
whether sold ready to drink or prepared from a syrup, powder or
concentrate, that contains added sugar, as defined in 21 CFR
101.9(c)(6)(iii) (relating to nutrition labeling of food), or
sugars from fruit or vegetable juice concentrates used as
sweeteners, including, but not limited to, soda or soft drinks,
flavored waters, energy drinks, pre-sweetened coffee or tea
beverages and nonalcoholic mixers. The term does not include one
hundred percent fruit or vegetable juice with no added sugars,
milk or milk substitutes when milk or the substitute is the
primary ingredient, infant formula, medical foods, as defined in
21 U.S.C. § 360ee(b)(3), liquids sold for use as a meal
replacement for weight reduction or other purposes, unflavored
water or beverages sweetened only with non-nutritive sweeteners.
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Section 2. This act shall take effect in 30 days.
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