Utah lawmakers aim to restrict soda from being purchased with food stamps — not candy

SALT LAKE CITY — This year, the Utah Legislature passed a law aiming to restrict Utahns from using Supplemental Nutrition Assistance Program, commonly referred to as SNAP, funds to purchase soda. Here's a look at the law and what it does.

HB403, sponsored by Rep. Kristen Chevrier, R-Highland, does not actually ban the purchase of soda with SNAP funds, because states do not have that power; instead, it requires that the state request a waiver from the federal government in order to make the restriction.

There has been some confusion over whether the law is also trying to restrict candy, but it isn't — HB403 only mentions "soft drinks." The first version of HB403 did mention candy, but that part of the bill was removed.

The Supplemental Nutrition Assistance Program is often referred to as food stamps.

The program "provides food benefits to low-income families to supplement their grocery budget so they can afford the nutritious food essential to health and well-being," according to the Department of Agriculture website.

While presenting HB403 during the legislative session, Chevrier stated that soda is the most commonly purchased item with SNAP funds.

She added that the purpose of the program was to give people struggling financially "greater spending power to purchase healthy, nutritious necessities, not to contribute to obesity, anxiety, depression and chronic illness."

There are legislators in other states across the country who, like Chevrier, are looking at health reform through SNAP restrictions.

The law defines a "soft drink" as "a nonalcoholic beverage that is made with carbonated water and that is flavored and sweetened with sugar or artificial sweeteners."

It also clarifies that "'soft drink' does not include a beverage that contains milk, milk products, soy, rice, or other milk substitutes, or that is greater than 50% vegetable or fruit juice by volume."

What does the law do?

SNAP is a national program that is managed by the state, so the state cannot make changes to the program without receiving a waiver from the federal government.

HB403 instructs the Utah Department of Workforce Services to submit a request for a waiver that would restrict Utahns from using food stamps to purchase soda. The request will be submitted to the Department of Agriculture, Food and Nutrition Service.

Under the law, the Department of Workforce Services is required to submit a waiver request to restrict people from using SNAP funds to purchase soda by July 1.

The waiver request will include a justification that focuses on the health concerns leading to this law, as well as the intended use of SNAP and potential cost savings for taxpayers.

The request also has to list strategies for educating SNAP recipients on healthier alternatives, tracking the impact of the restrictions and updating point of sales systems.

If the waiver is approved, then the department will have to implement the new restrictions within six months.

But, if the waiver is denied, then the department must resubmit the waiver request within three months and continue to resubmit the request annually until it is approved.

What foods can be purchased with SNAP funds?

There are already some restrictions nationally on what can and can't be purchased with food stamps.

According to the USDA, those using SNAP funds can purchase:

• Fruits and vegetables.
• Meat, poultry and fish.
• Dairy products.
• Breads and cereals.
• Other foods such as snack foods and nonalcoholic beverages.
• Seeds and plants that produce food for the household to eat.

These items cannot be purchased using SNAP funds:

• Beer, wine, liquor, cigarettes or tobacco.
• Vitamins, medicines and supplements.
• Live animals.
• Foods that are hot at the point of sale.
• Any nonfood items, including pet foods, cleaning supplies or toiletries.

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