Limits on SNAP Eligible Foods

2025-2026 Bill 777: Limits on SNAP Eligible Foods - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 777
STATUS INFORMATION
General Bill
Sponsors: Senators Massey, Zell and Kennedy
Document Path: SR-0459KM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Family and Veterans' Services
Summary: Limits on SNAP Eligible Foods
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 49
)

1/13/2026

Senate

Referred to Committee on
Family and Veterans' Services
(
Senate Journal-page 49
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/13/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
13 TO CHAPTER 5, TITLE 43, SO AS TO DEFINE TERMS RELEVANT TO THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM AND EXEMPTIONS FROM FOODS AND BEVERAGES ELIGIBLE
FOR PURCHASE UNDER THE PROGRAM; PROVIDE THAT CANDY, ENERGY DRINKS, SOFT DRINKS,
AND SWEETENED BEVERAGES ARE NOT FOODS ELIGIBLE FOR PURCHASE USING SNAP BENEFITS
AT SNAP-AUTHORIZED RETAILERS; AND CLARIFY CERTAIN LIMITATIONS OF THE ARTICLE'S
APPLICATION.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1. The
Supplemental Nutrition Assistance Program is a federally funded nutrition
assistance program designed to reduce hunger by providing financial assistance
to low-income individuals and families to buy food. On or about December 10,
2025 the United States Department of Agriculture approved the State's request
to operate a novel demonstration project to amend the statutory definition of
food for purchase by SNAP recipients. The waiver allows the State to exclude
candy, energy drinks, soft drinks, and sweetened beverages from the foods
eligible for purchase with SNAP benefits.

S
ECTION 2.
C
hapter 5, Title 43 of the S.C. Code is amended by
adding:

A
rticle 13

L
imitation on Foods Eligible for the Supplemental
Nutrition Assistance Program

S
ection
43-5-1300
.
(
A) For the purposes of
this article:

(
1)
"Candy" means a preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts, or other ingredients in
the form of bars, drops, or pieces. The definition of "candy" does not include
protein bars, granola bars, baking ingredients such as sprinkles, chocolate
melting wafers, toffee bits, or chocolate chips, or items primarily identified
and sold as bakery or bread products such as baked goods, cakes, crackers,
cookies, muffins, brownies, pastries, bread, or similar products.

(
2)
"Energy drinks" means beverages containing at least sixty-five milligrams of
caffeine per eight fluid ounces that are advertised as being specifically
designed to provide metabolic stimulation or an increase to the consumer's
mental or physical energy. The definition of "energy drinks" does not include
coffee or tea or any substantially coffee or tea-based beverage.

(
3)
"SNAP" means the federal Supplemental Nutrition Assistance Program.

(
4)
"Soft drinks" means any nonalcoholic beverage made with carbonated water and
flavored or sweetened, or both, with five grams or more of sugar or other
natural or artificial sweeteners.

(
5)
"Sweetened beverages" means any sweetened beverage, flavored or sweetened, or
both, with added sugar or other natural or artificial sweeteners, ready for
consumption without further processing.

(
B)
The definition of "soft drinks" and "sweetened beverages" does not include:

(
1)
a beverage that contains milk, milk products, soy, rice, or other milk
substitutes;

(
2)
a beverage consisting of at least fifty percent natural fruit or vegetable
juice with no added caloric sweetener;

(
3)
a product commonly referred to as "infant" or "baby" formula;

(
4)
sports or rehydration beverages;

(
5)
carbonated water beverages; or

(
6)
a beverage for medical use meaning any beverage suitable for human consumption
that was manufactured for use as source of necessary nutrition due to a medical
condition or for use as an oral hydration electrolyte solution for infants and
children formulated to prevent or treat dehydration due to illness.

S
ection
43-5-1310
. Candy, energy drinks, soft drinks, and sweetened beverages are not
foods eligible for purchase using SNAP benefits at SNAP-authorized retailers.

S
ection
43-5-1320
.
(
A) The provisions of
this article do not:

(
1)
prevent certain populations of SNAP recipients from purchasing prepared meals
from appropriate facilities like senior centers, domestic violence centers,
substance misuse centers, and homeless shelters under the Restaurant Meals
Program; or

(
2)
allow using SNAP benefits to purchase universally banned products, including,
but not limited to, alcohol, tobacco, hot foods, non-food items, and dietary supplements.

(
B)
The department shall take all steps required to conform with the United States
Department of Agriculture's waiver and all steps necessary to extend or reapply
for the waiver as needed.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 12:32 PM