Bill Description: House Bill 109 would instruct the Idaho Department of Health and Welfare to request a federal waiver to make candy and soda ineligible for purchases with SNAP benefits.
Rating: -1
NOTE: The Senate Amendment to House Bill 109 changed the bill's definition of candy to exclude "any preparation containing flour" rather than setting the level at 10% flour by weight. The analysis has been updated but the rating has not changed.
Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?
House Bill 109 would create Section 56-275, Idaho Code, to instruct the Idaho Department of Health and Welfare to request a waiver from the United States Department of Agriculture to "exclude candy and soda from the definition of eligible foods under 7 CFR 271.2." This section of code defines supplemental nutrition assistance program (SNAP) eligible foods.
The bill says, "If such waiver is granted, then the director shall prohibit the purchase of candy and soda with benefits provided through the supplemental nutrition assistance program. If no such waiver is granted, then the director shall request such a waiver annually until such waiver is granted."
SNAP is a redistributive government program that subsidizes grocery purchases for lower income families. While it may be appropriate to exclude certain harmful or unnecessary foods from this program, doing so does not change the amount of redistribution occurring under the program.
The statement of purpose for House Bill 109 suggests that excluding candy and soda will help combat a "junk food epidemic," a "growing health crisis," and "childhood obesity." Despite this hyperbole, the definitions contained in House Bill 109 for "candy" and "soda" include products that contain "artificial sweeteners," which means the bill would exclude many low-calorie and even zero-calorie options that are frequently used as alternatives by those trying to lose weight and improve their health.
The revised definition of "candy" created by the Senate Amendment to House Bill 109 says, "'Candy' shall not include any preparation containing flour and shall require no refrigeration." This wording is awkward and it is not clear if a preparation containing flour would also need to require refrigeration in order to fall under this exclusion. Many popular candies such as Twix (which contains "enriched wheat flour"), KIT KAT (which contains "wheat flour"), and Whoppers (which contains "wheat flour" in the malted milk centers of the chocolate-covered balls) contain flour but do not require refrigeration. If both conditions must be met, it would apply to a narrower selection of products such as some fudge and truffles.
Similarly, the definition of soda excludes any beverages that "contain milk or milk substitutes"; are more than half "vegetable juice or fruit juice by volume"; or "require preparation before consumption, such as powders or concentrates." Under this definition, you could not purchase a bottle of 7-UP but you could purchase individual packets of 7-UP Powder Drink Mix.
Under these exceptions, many sugary desserts and beverages such as cookies, cakes, pastries, and chocolate milk would still be eligible for SNAP purchases. The market routes around obstacles, and individuals who prefer unhealthy choices will still find many options allowed under this bill.
Instead of reducing redistribution or undertaking a comprehensive effort to reform or limit SNAP, House Bill 109 would introduce categorical restrictions that are unlikely to achieve its intended goal and might well have unintended consequences.
(-1)
