Bill Text: MS HB1033 | 2026 | Regular Session | Introduced
Bill Title: SNAP; direct DHS to seek waiver to allow prohibiting purchase of soft drinks, energy drinks and candy with.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1033 Detail]
Download: Mississippi-2026-HB1033-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services; State Affairs
By: Representative Currie
House Bill 1033
AN ACT TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO SUBMIT TO THE UNITED STATES DEPARTMENT OF AGRICULTURE A SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) FOOD RESTRICTION DEMONSTRATION PROJECT REQUEST THAT WILL ALLOW THE STATE OF MISSISSIPPI TO PROHIBIT THE PURCHASE OF SOFT DRINKS, ENERGY DRINKS AND CANDY WITH SNAP BENEFITS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Department of Human Services shall prepare and submit to the United States Department of Agriculture Food and Nutrition Service a Supplemental Nutrition Assistance Program (SNAP) Food Restriction Demonstration Project Request for the Food and Nutrition Service to:
(a) Waive the definition of "food" in 7 USC Section 2012(k) of the federal Food and Nutrition Act of 2008 to allow the State of Mississippi to modify the list of items that can be excepted from the definition of "food" items to include as an exception, and therefore be ineligible for purchase with SNAP benefits, soft drinks, energy drinks and candy; and
(b) Waive the definition of "eligible foods" in 7 CFR Section 271.2 to allow the State of Mississippi to modify the list of items that can be excepted from the definition of "eligible foods" to include as an exception, and therefore be ineligible for purchase with SNAP benefits, soft drinks, energy drinks and candy.
(2) As used in subsection (1) of this section, the following terms shall be defined as provided in this subsection:
(a) "Soft drinks" means any carbonated nonalcoholic beverage containing high fructose corn syrup or artificial sweeteners. This term does not include flavored carbonated water, or any beverages that contain milk or milk products, soy, rice or similar milk substitutes, or any beverage containing equal to or greater than fifty percent (50%) of vegetable or fruit juice by volume.
(b) "Energy drinks" means carbonated or noncarbonated beverages that contain a stimulant such as fortified caffeine, guarana, glucuronolactone or taurine and that are specifically formulated to enhance energy, alertness, or physical performance. Energy drinks may also include herbal extracts such as ginseng, mineral salts and vitamins, or high doses of organic acids, amino acids, inositol, sugars or other similar compounds in addition to sweeteners. Juices or natural fruit pulp or concentrates may also be added to energy drinks.
(c) "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. This term includes any such preparation that also contains flour and is sold in the form of bars, drops or pieces. This term does not include protein bars, granola bars or baking ingredients such as sprinkles, chocolate melting wafers, toffee bits or chocolate chips.
(3) If the SNAP Food Restriction Demonstration Project Request is approved by the Food Nutrition Service, the project shall be implemented beginning on October 1, 2026, and the Department of Human Services shall prohibit the purchase of soft drinks, energy drinks and candy with SNAP benefits during the period that the project is operated by the department.
SECTION 2. This act shall take effect and be in force from and after its passage.
