A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 13 TO CHAPTER 5, TITLE 43, SO AS TO DEFINE TERMS RELEVANT TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND EXEMPTIONS FROM FOODS AND BEVERAGES ELIGIBLE FOR PURCHASE UNDER THE PROGRAM; PROVIDE THAT CANDY, ENERGY DRINKS, SOFT DRINKS, AND SWEETENED BEVERAGES ARE NOT FOODS ELIGIBLE FOR PURCHASE USING SNAP BENEFITS AT SNAP-AUTHORIZED RETAILERS; AND CLARIFY CERTAIN LIMITATIONS OF THE ARTICLE'S APPLICATION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  The Supplemental Nutrition Assistance Program is a federally funded nutrition assistance program designed to reduce hunger by providing financial assistance to low-income individuals and families to buy food. On or about December 10, 2025 the United States Department of Agriculture approved the State's request to operate a novel demonstration project to amend the statutory definition of food for purchase by SNAP recipients. The waiver allows the State to exclude candy, energy drinks, soft drinks, and sweetened beverages from the foods eligible for purchase with SNAP benefits.

 

SECTION 2.  Chapter 5, Title 43 of the S.C. Code is amended by adding:

 

Article 13

 

Limitation on Foods Eligible for the Supplemental Nutrition Assistance Program

 

    Section 43-5-1300. (A) For the purposes of this article:

       (1) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients in the form of bars, drops, or pieces. The definition of "candy" does not include protein bars, granola bars, baking ingredients such as sprinkles, chocolate melting wafers, toffee bits, or chocolate chips, or items primarily identified and sold as bakery or bread products such as baked goods, cakes, crackers, cookies, muffins, brownies, pastries, bread, or similar products.

       (2) "Energy drinks" means beverages containing at least sixty-five milligrams of caffeine per eight fluid ounces that are advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer's mental or physical energy. The definition of "energy drinks" does not include coffee or tea or any substantially coffee or tea-based beverage.

       (3) "SNAP" means the federal Supplemental Nutrition Assistance Program.

       (4) "Soft drinks" means any nonalcoholic beverage made with carbonated water and flavored or sweetened, or both, with five grams or more of sugar or other natural or artificial sweeteners.

       (5) "Sweetened beverages" means any sweetened beverage, flavored or sweetened, or both, with added sugar or other natural or artificial sweeteners, ready for consumption without further processing.

    (B) The definition of "soft drinks" and "sweetened beverages" does not include:

       (1) a beverage that contains milk, milk products, soy, rice, or other milk substitutes;

       (2) a beverage consisting of at least fifty percent natural fruit or vegetable juice with no added caloric sweetener;

       (3) a product commonly referred to as "infant" or "baby" formula;

       (4) sports or rehydration beverages;

       (5) carbonated water beverages; or

       (6) a beverage for medical use meaning any beverage suitable for human consumption that was manufactured for use as source of necessary nutrition due to a medical condition or for use as an oral hydration electrolyte solution for infants and children formulated to prevent or treat dehydration due to illness.

 

    Section 43-5-1310. Candy, energy drinks, soft drinks, and sweetened beverages are not foods eligible for purchase using SNAP benefits at SNAP-authorized retailers.

 

    Section 43-5-1320. (A) The provisions of this article do not:

       (1) prevent certain populations of SNAP recipients from purchasing prepared meals from appropriate facilities like senior centers, domestic violence centers, substance misuse centers, and homeless shelters under the Restaurant Meals Program; or

       (2) allow using SNAP benefits to purchase universally banned products, including, but not limited to, alcohol, tobacco, hot foods, non-food items, and dietary supplements.

    (B) The department shall take all steps required to conform with the United States Department of Agriculture's waiver and all steps necessary to extend or reapply for the waiver as needed.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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