SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 79
As Amended by Senate Committee on
Government Efficiency
Brief*
SB 79, as amended, would direct the Secretary for
Children and Families (Secretary) to request a waiver from
the U.S. Department of Agriculture to exclude candy and soft
drinks from the definition of eligible foods for the
Supplemental Nutrition Assistance Program (SNAP).
If the waiver is granted, the bill would require the
Secretary to prohibit the purchase of candy and soft drinks
with SNAP benefits. If denied, the Secretary would be
required to request such a waiver annually until it is granted.
The bill would define “candy” and “soft drinks” as found
in the Kansas Retailers’ Sales Tax Act, KSA 79-3602, which
states:
●“Candy” means a preparation of sugar, honey, or
other natural or artificial sweeteners in combination
with chocolate, fruits, nuts, or other ingredients or
flavorings in the form of bars, drops, or pieces;
○“Candy” does not include any preparation
containing flour and shall require no
refrigeration; and
●“Soft drinks” means nonalcoholic beverages that
contain natural or artificial sweeteners;
○“Soft drinks” does not include beverages that
contain milk or milk products, soy, rice, or
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ similar milk substitutes or beverages that are
greater than 50 percent vegetable or fruit juice
by volume.
The bill would also make technical changes.
Background
The bill was introduced by the Senate Committee on
Government Efficiency at the request of Senator Erickson.
Senate Committee on Government Efficiency
In the Senate Committee hearing, proponent testimony
was provided by a representative of Opportunity Solutions
Project and a private citizen. The proponents generally stated
that both candy and soft drinks have well known negative
impacts on an individual’s health and that it is in the state’s
interest to promote healthier choices for those utilizing public
food assistance.
Opponent testimony was provided by a representative
of Fuel True Independent Energy and Convenience
Association and a representative of Harvesters Community
Food Network, Kansas Community Food Bank, and Second
Harvest Community Food Bank. The opponents generally
stated the definitions of candy and soft drinks in statute were
poorly defined and would create a burden on small
businesses that could lead to them no longer accepted SNAP
benefits. The opponents stated that this could limit the ability
of SNAP recipients to access food in their communities.
Written-only opponent testimony was provided by
representatives of Kansas Action for Children, Greater
Topeka Chamber, Kansas Appleseed Center for Law and
Justice, Kansas Beverage Association, Kansas Chamber, and
the Kansas Department for Children and Families.
No other testimony was provided.
2- 79 The Senate Committee amended the bill to make a
technical correction of the statute referenced for the
definitions of “candy” and “soft drinks.”
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department for
Children and Families states the bill would have no fiscal
effect.
Public assistance; Supplemental Nutrition Assistance Program; food assistance;
waiver; candy; soft drinks; soda; Department for Children and Families
3- 79