requiring the Department of Health Services to seek any necessary waiver to prohibit the purchase of candy or soft drinks with FoodShare benefits

Wisconsin Legislature: AB180: Bill Text

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2025 - 2026 LEGISLATURE
LRB-1819/1
SWB:cdc
2025 ASSEMBLY BILL 180
April 15, 2025 - Introduced by Representatives
Moses
,
Knodl
,
Kaufert
,
Allen
,
Behnke
,
Callahan
,
Dittrich
,
Goeben
,
Gundrum
,
Maxey
,
Murphy
,
Nedweski
,
Neylon
,
O'Connor
,
Penterman
,
Snyder
and
Wichgers
, cosponsored by Senators
Kapenga
,
Cabral-Guevara
,
Nass
and
Tomczyk
. Referred to Committee on Public Benefit Reform.
AB180,1,3
1
An Act

to create
49.79 (7x) of the statutes;
relating to:
requiring the
2
Department of Health Services to seek any necessary waiver to prohibit the
3
purchase of candy or soft drinks with FoodShare benefits.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to request any necessary waiver from the U.S. Department of Agriculture to prohibit the purchase of candy or soft drinks with FoodShare benefits. Under current law, the federal food stamp program, known as the Supplemental Nutrition Assistance Program and called FoodShare in this state, provides benefits to eligible low-income households for the purchase of food. FoodShare is administered by DHS. The federal government pays the benefits for FoodShare while the state and federal government share the cost of administration. Current federal law defines the foods eligible for purchase under FoodShare. The bill requires DHS to seek any necessary waiver to prohibit the use of FoodShare benefits for the purchase of candy or soft drinks. If the waiver is granted, DHS must prohibit the use of FoodShare benefits to purchase candy or soft drinks. If any necessary waiver is not granted, the bill requires DHS to resubmit the waiver request annually until it is granted.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB180,1
1
Section

1
.
49.79 (7x) of the statutes is created to read:
AB180,2,2
2
49.79
(7x)

Exclusions; food stamp program.
(a) In this subsection:
AB180,2,3
3
1. “Candy” has the meaning given in s. 77.51 (1fm).
AB180,2,4
4
2. “Soft drinks” has the meaning given in s. 77.51 (17w).
AB180,2,13
5
(b) The department shall request any necessary waiver from the U.S.
6
department of agriculture in accordance with
7 USC 2026
to prohibit the use of
7
benefits under the food stamp program for the purchase of candy or soft drinks from
8
the list of eligible foods under
7 CFR 271.2
. If a waiver requested under this
9
paragraph is granted the department shall prohibit the purchase of candy or soft
10
drinks with benefits provided through the federal food stamp program. If any
11
necessary waiver from the U.S. department of agriculture is not granted, then the
12
department shall submit the waiver request under this paragraph annually until
13
the waiver is granted.
AB180,2,14
14
(end)

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