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SB 265

AN ACT relating to nourishment and choice in the Supplemental Nutrition Assistance Program.

2026 Regular Session Introduced by Shelley Frommeyer

Kentucky SB 265 aims to reshape SNAP by pursuing waivers and restrictions to promote healthier purchases, including banning accessory foods and possibly allowing hot foods, conting

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Bill Summary · SB 265

Overview

SB 265 (2026 Regular Session, Kentucky) seeks to reshape nourishment and choice within the Supplemental Nutrition Assistance Program (SNAP) by promoting healthier food options and introducing new waiver-driven and administrative actions. The bill aims to align SNAP with broader public health goals by limiting purchases of certain “accessory foods” and introducing potential waivers to allow hot foods and certain restricted items under SNAP, subject to federal approval.

Main purpose and intent

  • Realign SNAP with a focus on nutritious, nourishing foods to combat obesity and chronic disease.
  • Empower participants to make healthier dietary choices while seeking to reduce health costs and improve program integrity.
  • Explore waivers and program changes to limit or permit certain food purchases, with ongoing reporting to legislative bodies.

Key provisions and changes

  • Administrative enhancements and federal waivers (Section 1(1)):

    • Establish a transitional benefit alternative per federal guidance (7 C.F.R. 273.26–273.32).
    • Seek waivers from USDA for:
    • Elderly Simplified Application Project for seniors over 60 or disabled individuals with no earned income.
    • Standard medical deduction waiver for seniors or disabled individuals.
    • Implement online recertification and, to the extent permitted by federal law, an online employment and training program for those with work requirements (7 U.S.C. 2015(d)).
    • Seek a waiver related to time-limit exemptions under 7 C.F.R. 273.24(c)(4).
    • Promulgate regulations to administer these provisions.

  • Change reporting requirements (Section 1(2)):

    • Within 90 days of July 14, 2022, require all SNAP households (except certain elderly/disabled households under (1)(b)) to comply with change reporting requirements (7 C.F.R. 273.12(a)).

  • Prohibition on accessory foods and foods of minimal nutritional value (Section 1(3)):

    • By November 30, 2026, request a USDA waiver to prohibit purchasing accessory foods and other foods deemed minimal nutritional value with SNAP benefits.
    • Define key terms:
    • Accessory foods: items excluded from staple foods (e.g., candy, soft drinks, specialty coffee drinks).
    • Candy, soft drinks, specialty coffee drinks: detailed definitions for eligibility determinations.
    • Informational duties:
    • The cabinet must present updates to the Interim Joint Committee on Health Services at three specified stages (start of waiver drafting, substantial completion, after submission to USDA).
    • Contingencies:
    • If a waiver is granted, prohibit purchases of accessory foods/minimal nutritional value items.
    • If not granted, the cabinet must, upon instruction from the General Assembly, resubmit the waiver with modifications.
    • Regulations: implement necessary administrative regulations if the waiver process proceeds.

  • Allowing hot foods purchases (Section 1(4)):

    • By November 30, 2026, seek a USDA waiver to allow hot foods (as excluded by federal rules 7 C.F.R. 271.2) to be purchased with SNAP benefits.
    • Define “grocery store” (retail of packaged foods; excludes convenience stores/gas stations) and “hot foods” (hot meat/poultry/fish at sale, excluding coffee/tea or other hot beverages).
    • Update reporting to the Interim Joint Committee on Health Services at three stages (start of drafting, substantial completion, after submission).
    • If a waiver is granted, permit hot foods purchases; if not, resubmit with modifications per General Assembly guidance.
    • Regulations: implement necessary administrative regulations.

Who and what would be affected

  • SNAP participants in Kentucky: potential changes to reporting, recertification processes online, and eligibility for certain item purchases depending on waivers.
  • Senior and disabled SNAP participants: possible waivers for elderly Simplified Applications and standard medical deductions.
  • Retailers within Kentucky SNAP framework: need to adapt to potential restrictions on accessory foods and consideration of hot foods eligibility, subject to federal approval.
  • Kentucky Cabinet for Health and Family Services: responsible for implementing waivers, online recertification, online employment/training, and regulatory changes; must report progress to committees.

Significant procedural and timeline aspects

  • Targeted timelines:
    • 180 days after July 14, 2022: establish transitional benefits, pursue waivers, online recertification, online employment/training program, and time-limit exemption waiver.
    • 90 days after July 14, 2022: implement change reporting requirements for SNAP households (excluding certain elderly/disabled households).
    • By November 30, 2026: request USDA waivers to prohibit accessory foods; request USDA waivers to allow hot foods purchases; require three committee briefings during waiver process.
  • Reporting to committees: three staged briefings on waiver drafting, substantial completion, and post-submission.
  • Federal interaction: all major changes hinge on obtaining waivers from the USDA; if waivers are denied, the cabinet must modify and resubmit as directed by the General Assembly.
  • Regulatory framework: cabinet to promulgate administrative regulations under Kentucky law (KRS Chapter 13A) to administer the provisions.

Summary assessment

SB 265 is a comprehensive attempt to modernize SNAP in Kentucky with a health-focused orientation. It emphasizes online processes and work-related training, seeks targeted waivers for age/medical deductions, and introduces a phased approach to restricting certain foods (accessory foods) while exploring the possibility of adding hot foods to SNAP purchases. All major actions are contingent on federal waivers and ongoing legislative oversight. The bill would affect beneficiaries, retailers, and state administrative agencies, with substantial procedural steps and reporting requirements tied to the waiver process.

Compiled from official sources — confirm details with the bill’s official record.

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