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H 109

PUBLIC ASSISTANCE – Adds to existing law to provide that the director of the Department of Health and Welfare shall seek a waiver to exclude candy and soda from supplemental nutrition assistance program benefits.

68th Legislature, 1st Regular Session (2025)

Idaho would seek a USDA waiver to ban using SNAP benefits for candy and soda, effective July 1, 2025, if granted.

Reported Signed by Governor on April 15, 2025 Session Law Chapter 340 Effective: 07/01/2025
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Bill Summary · H 109

Summary — H 109 (2025)

Title: PUBLIC ASSISTANCE — directs Idaho Dept. of Health & Welfare to seek a federal waiver to exclude candy and soda from SNAP benefits

Purpose

The bill directs the Idaho Department of Health and Welfare (DHW) to seek a waiver from the U.S. Department of Agriculture (USDA) so that Supplemental Nutrition Assistance Program (SNAP) benefits cannot be used to purchase candy and soda. The stated intent is to prioritize nutrition and reduce health-related costs associated with sugary foods and beverages.

Key provisions

  • Adds a new section (56-275) to Chapter 2, Title 56, Idaho Code.
  • Requires the DHW director to request a USDA waiver to exclude candy and soda from the federal SNAP eligible-foods definition (citing 7 CFR 271.2).
  • If the waiver is granted, DHW must prohibit the purchase of candy and soda with SNAP benefits in Idaho.
  • If the waiver is denied, the director must reapply annually until a waiver is granted.
  • Includes an emergency clause; the act takes effect July 1, 2025.

Definitions (as enacted, Senate-amended language)

  • "Candy": preparations of sugar, honey, or other sweeteners combined with chocolate, fruits, nuts, or other ingredients in the form of confections, bars, drops, or pieces. Candy “shall not include any preparation containing flour and shall require no refrigeration.”
  • "Soda": any nonalcoholic beverage that contains natural or artificial sweeteners. Excluded from this definition are beverages containing milk or milk substitutes, beverages that are greater than 50% vegetable or fruit juice by volume, and beverages requiring preparation before consumption (e.g., powders, concentrates).

Who is affected

  • SNAP participants in Idaho: if a USDA waiver is obtained, beneficiaries would be unable to use SNAP benefits to purchase items meeting the bill’s candy or soda definitions.
  • Retailers accepting SNAP: point-of-sale systems and item eligibility coding may need to be adjusted if the waiver is implemented.
  • Idaho DHW: responsible for seeking the waiver, and for policy and administrative implementation if approved.

Fiscal impact

  • The fiscal note (prepared by a proponent) states no increase or decrease in revenues or expenditures at state or local levels; it reports no fiscal impact. The note includes a disclaimer that it is the proponent’s attachment and not an official legislative intent statement.

Legislative history & status

  • Introduced Feb 3, 2025. Passed both chambers with amendments. Signed by the Governor April 15, 2025. Enacted as Session Law Chapter 340; effective July 1, 2025. Emergency clause included. Co-sponsors included Senator Toews and Representative Jordan Redman.

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

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