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Minutes for HB2738 - Committee on Welfare Reform
Short Title
Directing the secretary for children and families to request or update a pending waiver application from the supplemental nutrition assistance program that would allow the state to prohibit the purchase of food commonly marketed, advertised or recognized as candy and soft drinks.
Minutes Content for Tue, Feb 10, 2026
Chairman Awerkamp opened the hearing on HB2738.
Jenna Moyer, Office of the Revisor of Statutes, briefed the Committee on the bill (Attachment1). She said the bill amends the primary public assistance statute by adding language to require the Secretary for the Kansas Department for Children and Families (DCF) to request a waiver from the U.S. Department of Agriculture Food and Nutrition Services to exclude candy and soft drinks from the definition of eligible food. Responding to questions, Ms. Moyer replied that there is no time limit associated with the bill and that it would have the force of law more than would a proviso attached to other legislation.
Via Web-ex Tim Puglisi, Visiting Fellow, PGA Action, testified as a proponent for the bill (Attachment 2). He outlined what the bill proposes and noted that nearly 20 states have already received federal approval to restrict the purchase of soda and/or candy. He commented that the bill reflects a growing consensus that SNAP (Supplemental Nutrition Assistance Program) should support healthy choices; 18 states have received approval for the waiver and 5 have already implemented it. Responding to questions, he commented that the bill does not prohibit a family from buying candy; it only prohibits the family from using their EBT (Electronic Benefit Card) for the purchase. He said that the EBT saves the average family about $200 per month. A member expressed concern that the bill will cause some retailers to refuse to honor the EBT.
Dr. Carla Whiteside-Hicks, Director of Economic Employment Service, DCF, testified as neutral on the bill (Attachment 3). She explained that the definition of candy creates complex issues for the agency and for the retailers, and she outlined the four plans that must be met in submitting the waiver to the USDA. She explained that DCF will need additional staff to implement and monitor the legislation, and she expressed concern how measurable outcomes could be developed..
Dr. Whiteside-Hicks replied to member questions:
- The bill could delay federal approval, since it adds further definitions to the original waiver submitted to USDA.
- Monitoring the prohibition of alcohol with SNAP is much simpler than the prohibition of candy and soft drinks.
- Implementing the bill will be most costly for small retailers.
- Data regarding DCF's cost in implementing the bill will be provided later.
Written-only opponent testimony was provided by:
- Brian Posler, Executive Director, Fuel True Independent Energy and Convenience (Attachment 4) and
- Jennifer Gardner, Director of State Government Affairs, National Confectioners Association (Attachment 5).
The hearing on HB2738 was closed.
