By: Morgan Chilson
Kansas Reflector
TOPEKA — Kansans receiving food assistance can’t buy soda or candy with those dollars beginning in 2027, Gov. Laura Kelly said Wednesday.
The U.S. Department of Agriculture approved a waiver for the Kansas Supplemental Nutrition Assistance Program.
The state joins 21 other states in restricting candy and soda purchases with SNAP dollars, Kelly said in a news release. The Legislature passed a law last year requiring the administration to seek the waiver. Kelly vetoed the law but was overridden by GOP supermajorities in the House and Senate.
While the governor said she supports policies that incentivize healthy eating, Kelly encouraged the USDA to develop a strategy to implement such waivers that reduce “confusion and uncertainty” for retailers and recipients.
Kelly referred to confusion across the country about which products are considered candy and soda. Products people think of as candy may not meet the definition under the law, which has caused problems for retailers and recipients in other states. In Louisiana, for instance, soda made with cane sugar is OK to purchase, the Louisiana Illuminator reported.
The Kansas waiver goes into effect Feb. 15, 2027. Kelly’s news release said the state will use candy and soda definitions that are already set in the state’s food and sales tax laws:
- “Candy is defined as a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy does not include any preparation containing flour and shall require no refrigeration.
- “Soft drink beverages are defined as nonalcoholic beverages that contain natural or artificial sweeteners. Soft drinks do not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes or beverages that are greater than 50% vegetable or fruit juice by volume.”
Instituting the waiver requires four elements, including communication to retailers and recipients, as well as detailed evaluation, monitoring and compliance. The Kansas Department for Families and Children is seeking a contractor to help with implementation.
“Kansas is now a part of the MAHA (Make American Healthy Again) movement,” said Senate President Ty Masterson in a news release.
MAHA is a movement led by U.S. Health and Human Services Sec. Robert F. Kennedy Jr. to address the chronic disease epidemic and healthy eating habits.
House Speaker Dan Hawkins said the waiver approval was a “significant step toward ensuring taxpayer-funded food assistance programs prioritize nutrition and align with the original intent of the program.”
“I’m glad to see this waiver finally moving forward,” he said. “I’m all for helping someone who’s down on their luck but if taxpayer dollars are going toward food assistance, it only makes sense they should support real nutrition, not pop and candy.”