Candy, soda to be removed from SNAP benefits under federal waiver

The federal government has approved the state’s waiver aimed at “reducing the purchase of nonnutritive food and drink items will enhance public health, reduce long-term healthcare costs, and align the program with its original purpose of improving food security through nutritious food access.”

“SNAP Healthy Food Choice Demonstration Project”

According to the USDA, the project is meant to “encourage people participating in SNAP to purchase healthy foods by providing a coupon, discount, gift card, bonus food item or extra funds.”

Related: Trump administration approves Oklahoma request to remove some foods from SNAP

The waiver submitted by Oklahoma DHS states, “Oklahoma is seeking approval of this waiver in hopes that reducing the purchase of nonnutritive food and drink items will enhance public health, reduce long-term healthcare costs, and align the program with its original purpose of improving food security through nutritious food access.”

What will be excluded from purchases with SNAP benefits:

1. Candy:
2. “Candy” means any solid, semi-solid, or molded preparation of sugar, sweeteners (natural or artificial), or chocolate, with or without added ingredients such as flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as candy, chocolate bar, chewing gum, or similar confectionery.
3. Examples include: chocolate bars (including products containing flour such as Kit Kat, Twix, or similar items), hard candies, gummies, caramels, taffy, licorice, mints, and chewing gum.
4. Soft Drinks:
5. “Soft drink” means any nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, and flavored water. Any product, regardless of its ingredients or labeling, that is marketed, labeled, or advertised as a soda, pop, cola, energy drink, or energy supplement.
6. Examples include: carbonated sodas, non-carbonated sweetened beverages, energy drinks, energy supplements, and sports drinks (whether or not carbonated), sweetened bottled or canned teas and lemonades, flavored waters with added sweeteners.

What will still be included in purchases with SNAP benefits: 

1. Baked goods, such as cakes, cookies, muffins, brownies, pastries, bread, or similar products that are typically subject to Cottage Food Laws or Food Freedom Laws; 
2. Items primarily identified and sold as bakery or bread products, regardless of sweetener content.
3. Beverages that contain milk or milk substitutes, soy, rice, or similar dairy alternative ingredients, or that contain more than 50 percent, by volume, of fruit or vegetable juice.
4. Coffee or unsweetened tea, 100% fruit or vegetable juice, or beverages containing more than 50% juice by volume, Milk, milk substitutes, dairy-based drinks, or similar beverages. 

The waiver states: “OKDHS will add these definitions six months before making 'candy' and 'soft drinks' ineligible.”

Oklahoma Department of Human Services Directives: 

1. Develop and issue guidance to retailers authorized by the Supplemental Nutrition Assistance Program (SNAP) regarding the exclusion of candy and soft drinks from purchases. 

2. OKDHS will continue to use SNAP Ed to promote healthy eating and nutritious food choices. 3. Monitor and enforce compliance with the waiver requirements among participating retailers.

The waiver states: “OKDHS will communicate with retailers about the items that will need to be restricted from purchase with SNAP benefits. When notified of a violation of these restrictions from a cardholder, concerned citizen, or others, OKDHS will investigate and, if true, will notify the merchant to correct it or request FNS to take action.”

How will local retailers adapt?

“Currently, the way EBT works is very similar to a debit card,” explains Chris Bernard with Hunger Free Oklahoma. “The systems are built to recognize coded products.”  

When somebody utilizing SNAP benefits checks out at the grocery store and swipes their card, the items that are included in the program are removed from the total, while the remaining items can be paid for through other methods.

Bernard explains that with the new requirements, each individual store will have to change the codes for products like candy and soda that will no longer be allowed for purchase with SNAP, to ensure compliance.

“The way you define these products will just be so challenging. It creates a lot of opportunity for stigma and mistakes and delays in shopping. You want SNAP to be seamless, you want people to be able to use it without feeling ashamed or being targeted, and this is going to create more rep tape and more administrative challenges to allow that easy flow,” said Bernard.

Concerns from Hunger Free Oklahoma:

“It's a distraction with a stated goal that there’s no proof it will accomplish. It doesn't ban all healthy foods; it bans very small categories. It's going to take time and resources to implement when there’s lots of other important things that DHS could be focusing on,” said Chris Bernard, Hunger Free Oklahoma. 

While Bernard agrees that the goal is to have healthy outcomes for Oklahomans, he says the state should be utilizing other federal programs instead of imposing new restrictions. 

“We know that being food insecure leads to higher rates of diabetes, heart disease and obesity, all things the governor is trying to address with this. The research actually shows that incentivizing healthy choices works much better than restricting unhealthy choices. It doesn't change behaviors, it’s just creating more red tape and bureaucracy so we can have a talking point that sounds good,” said Bernard.

State responses: 

DHS response: “These changes are about empowering families through better nutrition and investing in a future where every Oklahoman can thrive.”

“We are making Oklahoma healthy again,” said Governor Kevin Stitt. “I am proud to join Secretary Rollins and Secretary Kennedy in their mission to improve the health and well-being of all Americans. It’s common sense - making sure taxpayer dollars aren’t funding the very foods that fuel obesity, diabetes, and chronic disease will pay dividends for generations. I’m grateful that our waiver is officially approved.”