OFFICE OF THE GOVERNOR
Today, Governor Laura Kelly announced that the United States Department of Agriculture (USDA) has approved Kansas' Supplemental Nutrition Assistance Program (SNAP) Food Restriction Waiver.
“Today, Kansas joins 21 other states in implementing restrictions on candy and soda purchases with SNAP dollars,” Governor Laura Kelly said. “I have always supported policies that incentivize healthy eating, including axing the state sales tax on food to put more money back in Kansans’ pockets. Going forward, I would encourage the USDA to develop a nationwide eligibility strategy to reduce confusion and uncertainty for retailers and recipients alike.”
The approved waiver, which will go into effect February 15, 2027, will exclude all candy and soda beverages (also known as soft drinks) from the definition of eligible foods under 7 CFR 271.2 for purchase with SNAP benefits. Candy and soda are defined by the state's food and sales tax laws withing the state retailer tax:
- Candy is defined as 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.
- Soft drink beverages are defined as nonalcoholic beverages that contain natural or artificial sweeteners. Soft drinks do not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes or beverages that are greater than 50% vegetable or fruit juice by volume.
During the approval process USDA recommended an implementation date of Feb. 15, 2027. USDA provided this recommendation based on feedback from retailers in other states that have similar approved waivers and avoids concerns with implementing restrictions over and through the 2026 holiday season.
The Kansas SNAP Food Restriction Waiver is made up of four plans that focus on communicating information to SNAP Food Assistance recipients and authorized retailers, as well as detailed evaluation, monitoring, and compliance plans.
DCF released a request for proposals (RFP) which closed on Feb. 17. This RFP is to bring on a contracting partner to help DCF manage the implementation plans and process. The proposals received are under review and a contract is expected to be in place by April 2026.