House Bill 553

AN ACT TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO SUBMIT TO THE UNITED STATES DEPARTMENT OF AGRICULTURE A SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) FOOD RESTRICTION DEMONSTRATION PROJECT REQUEST THAT WILL ALLOW THE STATE OF MISSISSIPPI TO PROHIBIT THE PURCHASE OF CANDY AND SOFT DRINKS WITH SNAP BENEFITS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Department of Human Services shall prepare and submit to the United States Department of Agriculture Food and Nutrition Service, not later than ninety (90) days after the effective date of this act, a Supplemental Nutrition Assistance Program (SNAP) Food Restriction Demonstration Project Request for the Food and Nutrition Service to:

(a) Waive the definition of "food" in 7 USC Section 2012(k) of the federal Food and Nutrition Act of 2008 to allow the State of Mississippi to modify the list of items that can be excepted from the definition of "food" items to include as an exception, and therefore be ineligible for purchase with SNAP benefits, candy and soft drinks; and

(b) Waive the definition of "eligible foods" in 7 CFR Section 271.2 to allow the State of Mississippi to modify the list of items that can be excepted from the definition of "eligible foods" to include as an exception, and therefore be ineligible for purchase with SNAP benefits, candy and soft drinks.

(2) As used in subsection (1) of this section, the following terms shall be defined as provided in this subsection:

(a) "Candy" means 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. This term does not include any preparation containing flour and does not require refrigeration.

(b) "Soft drinks" mean any nonalcoholic beverages that contain natural or artificial sweeteners. This term does not include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent (50%) of vegetable or fruit juice by volume.

(3) If the SNAP Food Restriction Demonstration Project Request is approved by the Food Nutrition Service, the project shall be implemented beginning on October 1, 2026, and the Department of Human Services shall prohibit the purchase of candy and soft drinks with SNAP benefits during the period that the project is operated by the department.

(4) If the SNAP Food Restriction Demonstration Project Request provided for in this section is not approved, then the Department of Human Services shall submit this request annually to the United States Department of Agriculture Food and Nutrition Service until the request is approved.

SECTION 2. This act shall take effect and be in force from and after its passage.