| Momentum Bucket | Building Momentum |
| Legal Title | AN ACT Relating to directing the department of social and health services to apply for a waiver from the United States department of agriculture restricting the use of supplemental nutrition assistance program benefits from being used to purchase unhealthy foods such as candy and sweetened beverages; |
| Bill Description | Directing the department of social and health services to apply for a waiver from the United States department of agriculture restricting the use of supplemental nutrition assistance program benefits from being used to purchase unhealthy foods such as candy and sweetened beverages. |
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What this bill does
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The bill adds a new section to chapter 74.04 RCW directing the Washington State Department of Social and Health Services (DSHS) to request a waiver from the U.S. Department of Agriculture under 7 C.F.R. Sec. 271.2 to exclude "unhealthy foods" from the federal definition of eligible foods for the Supplemental Nutrition Assistance Program (SNAP). If the USDA grants the waiver, the DSHS director must prohibit the purchase of candy and sweetened beverages with SNAP benefits. If the USDA denies the waiver, the department must request it again each year until it is granted.
The bill defines "candy" as sugaror sweetener-based preparations (excluding items with flour or that require refrigeration) and defines "sweetened beverages" as nonalcoholic drinks containing natural or artificial sweeteners, with specified exceptions (for example, most milk or milk-substitute beverages, beverages over 50% juice, infant formula, certain sports drinks, and medical nutrition or oral rehydration solutions). The bill identifies DSHS, SNAP, and the USDA as the affected agencies/programs.
Legally, this is a procedural change in state law achieved by adding a new statutory section that conditions a state prohibition on a federal waiver; it is not presented as creating a new crime or changing criminal penalties. The text does not specify an effective date, enforcement mechanisms, or any penalties for noncompliance, and those implementation details are therefore unclear.
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Why it matters
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If the USDA approves the requested waiver, people using SNAP benefits in Washington would no longer be able to buy candy and most sweetened beverages with their benefits, which would reduce their options for those items and likely shift some household spending toward other foods or out-of-pocket purchases. The Department of Social and Health Services would have new ongoing responsibilities to pursue the waiver until granted and to implement the purchasing ban if approved, which will create additional administrative work and likely require outreach to recipients and retailers about the new rules.
The bill could reduce retailer sales of candy and sweetened drinks paid for with SNAP and impose new operational tasks and modest costs on DSHS to file waiver requests and carry out any prohibition, but key details are unclear: there is no effective date, no enforcement or penalty provisions described, and no timeline for when prohibitions would take effect after a waiver is granted.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/16/2026 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,054,091.00 |
| PUBLIC ASSISTANCE |
| Hearing | Senate Human Services (Public) |