BOISE, ID – A bill to ban a food assistance program from covering candy and soda is headed to Gov. Brad Little for consideration.

Idaho also needs federal approval for the proposed ban.

House Bill 109 would require the Idaho Department of Health and Welfare to seek federal approval to exclude candy and soda from foods eligible for coverage by the federal Supplemental Nutrition Assistance Program, or SNAP.

Idaho’s bill is part of the national movement coined “Make America Healthy Again,” or MAHA, promoted by U.S. health Secretary Robert F. Kennedy Jr., the bill’s cosponsor Rep. Jordan Redman, R-Coeur d’Alene has told lawmakers.

And, he said, soda is the “number one commodity spent on SNAP.”

Business industry representatives oppose the bill. Arguing the bill wouldn’t be workable, Idaho House Minority Leader Ilana Rubel, D-Boise, has said it would cause grocery stores to stop accepting SNAP.

But bill cosponsor Senate Majority Caucus Chair Ben Toews, R-Coeur d’Alene, says he’s skeptical the bill would be hard on retailers. He said the bill’s candy definition is used in 24 other states’ sales tax laws.

The Idaho House passed the bill on a 48-20 vote on Monday, after the chamber had already narrowly approved the bill. It came back to the House after the Senate amended the bill to tweak the candy definition. The Idaho Senate passed an amended version of the bill on a 25-10 vote last week.

Idaho Senate Minority Leader Melissa Wintrow, D-Boise, critiqued the bill as another way to control poor people.

Sen. Camille Blaylock, R-Caldwell, suggested it isn’t likely Idaho would make the change alone. Idaho’s waiver, she argued, would join other states’ requests, applying pressure for a nationwide change.

When the bill is transmitted to the governor, he has five days, excluding Sundays, to decide on it. He has three options: sign it into law, allow it to become law without his signature, or veto it.

If passed into law, the bill would take effect July 1.

Bill’s candy definition is broad, and would ban granola and power bars, critics say

Pushback has largely focused on the bill’s broad candy definition, which critics say would also ban granola bars and power bars.

The bill defines candy as “a preparation of sugar, honey, or other natural or artificial sweeteners combined with chocolate, fruit, nuts or other ingredients or flavorings” in several forms.

Under the bill, candy would not include items that contain flour or need refrigeration. The Senate amended the bill to tweak the candy definition, removing an exemption for items with more than 10% flour by weight.

The bill’s soda definition also appears to be broad.

Under the bill, soda includes nonalcoholic beverages with sweeteners, artificial or natural. But the bill doesn’t consider soda to be drinks with more than 50% juice, contain milk or milk substitutes, or that need preparation, such as powders or concentrates.

About 132,000 Idahoans are enrolled in SNAP, according to Idaho Department of Health and Welfare figures, receiving an average of $177 in monthly program benefits.

If the federal U.S. Department of Agriculture, or USDA, doesn’t grant Idaho’s candy/soda SNAP ban waiver, the bill says Health and Welfare “shall request such a waiver annually until such a waiver is granted.”

The bill’s fiscal note estimates it would not have a fiscal impact.

Republican legislators in Arizona, Kansas, Utah and Wyoming introduced similar bills, Stateline reported.

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.