MONTGOMERY, Ala. – The House passed a bill to prohibit people from buying candy or soda with their Supplemental Nutrition Assistance Program benefits on Wednesday afternoon.
Senate Bill 57 by Sen. Arthur Orr, R-Decatur, requires the Alabama Department of Human Resources to request a federal waiver to exclude sugary products from eligible purchases.
About 740,000 Alabamians receive SNAP benefits, often called food stamps. The benefits are federally funded.
Orr and Rep. Reed Ingram, R-Pike Road, cited the state’s high obesity rate as the reason for bringing the bill. Ingram carried the bill in the House.
About 39% of Alabamians are obese, according to the Centers for Disease Control and Prevention.
“We’re the third worst, unhealthiest state in the union, in obesity, heart disease, etc.,” Ingram said. “We’re going to get our people in the state of Alabama healthy, to where they feel like going to work and they feel like spending time with their kids and enjoying life. We’ve got to make healthier choices.”
Ingram also mentioned pressure from the federal government to reform. The U.S. Department of Agriculture has, under President Donald Trump appointee Brooke Rollins, encouraged states to submit waivers to remove products like candy and soda from SNAP.
According to the USDA, 22 states have received the waivers “that are a key step in ensuring that taxpayer dollars provide nutritious options that improve health outcomes within SNAP.” Florida, South Carolina and Tennessee are on that list.
“I think it’s important that we take a show of initiative and to take one step forward and make sure that the feds know that we’re taking a reform on this,” Ingram said after the bill passed.
Items prohibited under the bill would include sodas that “list carbonated water and sugar, cane sugar, corn syrup, or high fructose corn syrup as the first two ingredients.” Not included are beverages that list aspartame or other low or non-caloric sweeteners as one of the first two ingredients.
The bill defines candy as “foods that list sugar, cane sugar, corn syrup, or high fructose corn syrup as the first ingredient.” The term does not include any granulated sugar, raw sugar or other single-ingredient sugars used for cooking and baking.
It would be up to the Alabama Department of Revenue to keep a list of prohibited products.
Rep. Mack Butler, R-Rainbow City, introduced an amendment on the floor to exclude energy drinks as well.
Under the amendment, an energy drink is a “beverage containing at least 65 milligrams of caffeine per eight fluid ounces which is advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer’s mental physical energy.” This would not include any coffee- or tea-based beverages.
The House approved the amendment by a vote of 77-24.
Another amendment from Rep. Rex Reynolds, R-Hazel Green, removed language added in committee to require DHR to publish information about the newly ineligible items.
Lawmakers adopted the amendment by a vote of 84-8.
As they have throughout the bill’s journey through the legislative process, Democrats questioned the need for the bill on the floor. They argued that it singles out low-income families and that people on SNAP deserve to enjoy sweets sometimes.
Rep. Thomas Jackson, D-Thomasville, argued that products like candy sometimes serve as a stand-in for more nutritious food when nothing else is available.
Rep. Pebblin Warren, D-Tuskegee Institute, agreed with the premise of making Alabama healthier but feels the implementation is unequal.
“It just disturbs me that we’re not really making this an overall inclusive health measure that we’re trying to do,” Warren said. “We’re only taking a certain sector and dealing with them. I know you have some good intentions, we just have to make sure we can reach everybody in the process.”
The House approved the bill by a vote of 75-27, with one abstention.
The Senate later voted not to concur on the House’s changes. The bill now heads to a conference committee with lawmakers from both chambers.
Ingram said before the Senate’s vote that he would rather take out the energy drink amendment than see the bill die.
Thursday is the final day of the legislative session.