2025 - 2026 LEGISLATURE
LRB-1819/1
SWB:cdc
2025 ASSEMBLY BILL 180
April 15, 2025 - Introduced by Representatives MOSES, KNODL, KAUFERT, ALLEN,
BEHNKE, CALLAHAN, DITTRICH, GOEBEN, GUNDRUM, MAXEY, MURPHY,
NEDWESKI, NEYLON, O'CONNOR, PENTERMAN, SNYDER and WICHGERS,
cosponsored by Senators KAPENGA, CABRAL-GUEVARA, NASS and TOMCZYK.
Referred to Committee on Public Benefit Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 49.79 (7x) of the statutes; relating to: requiring the
Department of Health Services to seek any necessary waiver to prohibit the
purchase of candy or soft drinks with FoodShare benefits.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to request any necessary
waiver from the U.S. Department of Agriculture to prohibit the purchase of candy
or soft drinks with FoodShare benefits. Under current law, the federal food stamp
program, known as the Supplemental Nutrition Assistance Program and called
FoodShare in this state, provides benefits to eligible low-income households for the
purchase of food. FoodShare is administered by DHS. The federal government pays
the benefits for FoodShare while the state and federal government share the cost of
administration. Current federal law defines the foods eligible for purchase under
FoodShare. The bill requires DHS to seek any necessary waiver to prohibit the use
of FoodShare benefits for the purchase of candy or soft drinks. If the waiver is
granted, DHS must prohibit the use of FoodShare benefits to purchase candy or soft
drinks. If any necessary waiver is not granted, the bill requires DHS to resubmit
the waiver request annually until it is granted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
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3 2025 - 2026 Legislature
ASSEMBLY BILL 180
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SECTION 1
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 49.79 (7x) of the statutes is created to read:
49.79 (7x) EXCLUSIONS; FOOD STAMP PROGRAM. (a) In this subsection:
1. XCandyY has the meaning given in s. 77.51 (1fm).
2. XSoft drinksY has the meaning given in s. 77.51 (17w).
(b) The department shall request any necessary waiver from the U.S.
department of agriculture in accordance with 7 USC 2026 to prohibit the use of
benefits under the food stamp program for the purchase of candy or soft drinks from
the list of eligible foods under 7 CFR 271.2. If a waiver requested under this
paragraph is granted the department shall prohibit the purchase of candy or soft
drinks with benefits provided through the federal food stamp program. If any
necessary waiver from the U.S. department of agriculture is not granted, then the
department shall submit the waiver request under this paragraph annually until
the waiver is granted.
(END)
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