HB 1747: DHS; SNAP; Eligible Foods; Sugary Drinks; Candy; Restriction; Reports

A BILL FOR AN ACT

RELATING TO HUMAN SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§346-     Supplemental nutrition assistance program; sugary drinks and candy; ineligible foods.  (a)  The purpose of this section is to exclude sugary drinks and candy from foods eligible for purchase in Hawaii with benefits from the supplemental nutrition assistance program of the United States Department of Agriculture, in a transparent, accountable, and durable manner, that complies with federal requirements.

     (b)  The department shall request any necessary State waivers or waiver extensions from the United States Department of Agriculture in accordance with 7 United States Code section 2026 to prohibit the use of benefits under the supplemental nutrition assistance program to purchase sugary drinks or candy.

     (c)  If a waiver or waiver extension requested under subsection (b) is granted, the department shall prohibit the purchase of sugary drinks and candy using supplemental nutrition assistance program benefits, in compliance with the terms and conditions of the waiver.

     (d)  If any necessary waiver or waiver extension from the United States Department of Agriculture is not granted, then the department shall submit the waiver or waiver extension request under subsection (b) annually until the waiver is granted.

     (e)  The department shall adopt rules pursuant to chapter 91 to implement this section, consistent with any terms and conditions of the waiver.

     (f)  Nothing in this section shall be construed to conflict with supplemental nutrition assistance program requirements or other federal law.

     (g)  As used in this section:

     "Candy" means any confectionery product primarily composed of sugar, sweeteners, or chocolate.

     "Sugary drink" means any non-alcoholic beverage that is sweetened with more than ten grams of sugar per serving.  "Sugary drink" does not include a beverage that contains milk; milk products; soy, rice, or other milk substitutes; or that is greater than fifty per cent vegetable or fruit juice by volume."

     SECTION 2.  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session detailing the status of any waiver or waiver extension requests, a list of foods made ineligible by waiver, and any impacts of the implementation of any waivers.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DHS; SNAP; Eligible Foods; Sugary Drinks; Candy; Restriction; Reports

Description:

Requires the Department of Human Services to request and implement waivers or waiver extensions from the federal government to make sugary drinks and candy ineligible foods for purchase with Supplemental Nutrition Assistance Program benefits.  Requires annual reports to the legislature on waiver status, ineligible foods, and implementation impacts.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.