Amendment #1584 to H4000

An Act to promote healthy food and beverage purchases within the Supplemental Nutrition Assistance Program

Mr. Boldyga of Southwick moves to amend the bill by adding the following section:

SECTION XXXX. Notwithstanding any general or special laws to the contrary

SECTION 1. Purpose.

The purpose of this Act is to promote the nutritional health of Massachusetts residents participating in the Supplemental Nutrition Assistance Program (SNAP) by prohibiting the use of SNAP benefits to purchase candy and carbonated soft drinks, thereby aligning SNAP expenditures with the program’s goal of improving dietary outcomes and reducing diet-related health conditions, such as obesity and diabetes.

SECTION 2. Definitions.

For the purposes of this Act, the following terms shall have the following meanings:

(a) “Candy” shall mean any food item that is primarily composed of sugar or other sweeteners, including but not limited to chocolates, hard candies, gummies, and other confections, as defined by the United States Department of Agriculture (USDA) or the Massachusetts Department of Transitional Assistance (DTA).

(b) “Carbonated soft drink” shall mean any non-alcoholic beverage that contains carbonation and added sugars or artificial sweeteners, including but not limited to soda, pop, and cola, but excluding unsweetened carbonated water or beverages with naturally occurring sugars, such as 100% fruit juice.

(c) “Department” shall mean the Massachusetts Department of Transitional Assistance (DTA).

(d) “SNAP” shall mean the Supplemental Nutrition Assistance Program, as administered by the USDA and implemented in Massachusetts by the Department.

SECTION 3. Prohibition on Certain SNAP Purchases.

(a) Subject to approval by the USDA through a federal waiver, the Department shall prohibit the use of SNAP benefits to purchase candy or carbonated soft drinks at any retail food store or other authorized SNAP vendor in Massachusetts.

(b) The Department shall establish regulations to implement this prohibition, including:

(1) A clear list of prohibited items, based on USDA definitions and nutritional guidelines;

(2) Procedures for identifying and coding prohibited items in SNAP-authorized retail systems;

(3) Mechanisms to ensure compliance by SNAP vendors, including training and oversight;

(4) A process for educating SNAP participants about the prohibition and promoting healthy food choices.

SECTION 4. Federal Waiver Application.

(a) Within 90 days of the effective date of this Act, the Department shall submit a waiver application to the USDA to authorize the prohibition of candy and carbonated soft drink purchases using SNAP benefits, as described in Section 3.

(b) The waiver application shall include:

(1) A detailed justification for the prohibition, including data on diet-related health outcomes in Massachusetts, such as obesity, diabetes, and related healthcare costs;

(2) A plan for implementation, including timelines, vendor compliance measures, and participant education;

(3) An evaluation plan to assess the impact of the prohibition on SNAP participant dietary habits and health outcomes.

(c) If the USDA denies the waiver, the Department shall resubmit an amended waiver application annually until approval is granted or until otherwise directed by the General Court.

SECTION 5. Implementation and Enforcement.

(a) Upon USDA waiver approval, the Department shall implement the prohibition within 180 days.

(b) The Department shall collaborate with SNAP-authorized retailers to update point-of-sale systems to prevent the purchase of prohibited items with SNAP benefits.

(c) The Department shall conduct outreach to SNAP participants to inform them of the prohibition and provide resources on nutritious food options.

(d) The Department may impose penalties on SNAP-authorized retailers that knowingly allow prohibited purchases, in accordance with federal and state regulations.

SECTION 6. Reporting.

(a) The Department shall submit an annual report to the Joint Committee on Children, Families and Persons with Disabilities and the House and Senate Committees on Ways and Means, detailing:

(1) The status of the USDA waiver application or implementation of the prohibition;

(2) Data on compliance by SNAP vendors and any enforcement actions taken;

(3) An assessment of the prohibition’s impact on SNAP participant food purchases and health outcomes, to the extent feasible;

(4) Recommendations for further improving the nutritional impact of SNAP in Massachusetts.

(b) The first report shall be submitted no later than one year after the effective date of this Act.

SECTION 7. Severability.

If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of the Act or the application of the provision to other persons or circumstances shall not be affected.

SECTION 8. Effective Date.

This Act shall take effect on July 1, 2026, provided that the Department shall take all necessary steps to prepare for implementation, including submitting the USDA waiver application, prior to such date.

Additional co-sponsor(s) added to Amendment #1584 to H4000

An Act to promote healthy food and beverage purchases within the Supplemental Nutrition Assistance Program