HB 31

HB31 INTRODUCED
1 HB31
2 L5Q4EWY-1
3 By Representatives Ingram, Butler
4 RFD: Health
5 First Read: 13-Jan-26
6 PFD: 14-Aug-25
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 L5Q4EWY-1 08/12/2025 GP (L)GP 2025-2439
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4 SYNOPSIS:
5This bill would require the Department of Human
6Resources to request a waiver from the United States
7Department of Agriculture Food and Nutrition Service to
8exclude soda, energy drinks, candy, and prepared
9desserts from the definition of "eligible food" for
10purposes of Supplemental Nutrition Assistance Program
11(SNAP) benefits.
12If the waiver is granted, this bill would
13require the department to prohibit the purchase of
14soda, energy drinks, candy, and prepared desserts with
15SNAP benefits.
16This bill would also require the department to
17annually resubmit the request for a waiver if the
18request is denied.
19
20
21A BILL
22TO BE ENTITLED
23AN ACT
24
25Relating to public assistance; to require the
26 Department of Human Resources to request a waiver to exclude
27 certain food products, including soda, energy drinks, candy,
28 and prepared desserts, from the definition of "eligible foods"
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  HB31 INTRODUCED
29 for purposes of SNAP benefits; to require the department to
30 prohibit the purchase of soda, energy drinks, candy, and
31 prepared desserts with SNAP benefits if the waiver is granted;
32 and to provide for the resubmission of the request, if the
33 request is denied.
34 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35Section 1. (a) For the purposes of this section, the
36 following terms have the following meanings:
37(1) CANDY. A product that involves the preparation of
38 sugar or artificial sweeteners in combination with chocolate,
39 fruits, nuts, caramels, gummies, or hard candies or other
40 ingredients or flavorings in the form of bars, drops, or
41 pieces.
42(2) DEPARTMENT. The State Department of Human
43 Resources.
44(3) ENERGY DRINK. A beverage containing at least 65
45 milligrams of caffeine per eight fluid ounces which is
46 advertised as being specifically designed to provide metabolic
47 stimulation or an increase to the consumer's mental physical
48 energy. The term does not include coffee or tea or any
49 substantially coffee or tea-based beverage.
50(4) PREPARED DESSERT. A processed, shelf-stable,
51 ready-to-eat, pre-packaged sweet food intended for immediate
52 consumption without any further preparation. The term includes
53 foods mostly made out of chemically modified substances
54 extracted from foods, along with additives to enhance taste,
55 texture, appearance, and durability, with minimal whole foods.
56(5) SNAP BENEFIT. A financial benefit, coupon, or
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  HB31 INTRODUCED
57 privilege available under the federal Supplemental Nutrition
58 Assistance Program, 7 U.S.C. Chapter 51.
59(6) SODA. A beverage that is made with carbonated water
60 and that is flavored or sweetened with added sugar or
61 artificial sweeteners such as corn sweetener, corn syrup,
62 dextrose, fructose, glucose, high-fructose corn syrup,
63 lactose, malt syrup, maltose, molasses, raw sugar, or sucrose.
64 The term does not include carbonated water that is plain or
65 naturally flavored or any beverage that is greater than 50
66 percent vegetable or fruit juice by volume, or that contains
67 less than five grams of added sugar.
68(7) USDA FOOD AND NUTRITION SERVICE. The United States
69 Department of Agriculture Food and Nutrition Service.
70(b) The commissioner of the department shall request a
71 waiver from the USDA Food and Nutrition Service to authorize
72 the department to exclude soda, energy drinks, candy, and
73 prepared desserts from the definition of "eligible foods"
74 under 7 C.F.R. § 271.2.
75(c) If the waiver described in subsection (b) is
76 approved by the USDA Food and Nutrition Service, the
77 department shall prohibit the use of SNAP benefits for the
78 purchase of soda, energy drinks, candy, and prepared desserts.
79(d) If the waiver described in subsection (b) is
80 denied, the commissioner shall resubmit the request for a
81 waiver to the USDA Food and Nutrition Service annually, until
82 approval is granted.
83Section 2. This act shall become effective on October
84 1, 2026.
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