Alabama House passes a Bill Seeking Federal Waiver to Ban Candy and Soda Purchases With SNAP

April 9, 2026 – MONTGOMERY, Ala. - The Alabama House of Representatives has passed Senate Bill 57, legislation that would require the Alabama Department of Human Resources (DHR) to seek federal approval to prohibit the purchase of candy and soda with Supplemental Nutrition Assistance Program (SNAP) benefits.

SB57 was Sponsored by Sen. Arthur Orr (R-Decatur) and a coalition of Republican senators. The bill directs DHR to formally request a waiver from the U.S. Department of Agriculture's Food and Nutrition Service (USDA‑FNS). If granted, the waiver would allow Alabama to exclude candy and soda from the definition of "eligible foods" under federal SNAP regulations.

What the Bill Would Do

Under SB57, DHR must submit a waiver request to USDA‑FNS seeking authority to block SNAP purchases of:

- Candy, defined as products primarily composed of sugar or sweeteners, including chocolate, non‑chocolate candy, and chewing gum

- Soda, defined as beverages whose first two ingredients are carbonated water and sugar or similar sweeteners

The bill specifies that baked goods, cooking ingredients, powdered drink mixes, and other items used for meal preparation would not fall under the ban.

If the federal government approves the waiver, the Department of Revenue-working in consultation with DHR-would be responsible for coordinating implementation with SNAP‑authorized retailers. That includes identifying which products qualify as candy or soda, updating point‑of‑sale systems, and providing technical assistance and training.

Retailers would receive at least one month's notice before the waiver takes effect.

Retailer Protections Included

SB57 includes provisions shielding retailers from penalties for accidental acceptance of SNAP benefits for prohibited items. A retailer could only face consequences after more than three accidental violations in a single fiscal year.

If the Waiver Is Denied

Should USDA‑FNS reject the request, DHR would be required to resubmit the waiver annually until approval is granted. Alabama would not be able to enforce any restrictions without federal authorization.

The House passed it with a Rep. Mack Butler (R-Rainbow City) amendment to include energy drinks in the banned items.

Energy drinks are defined in the Butler amendment as, " ENERGY DRINK. A beverage containing at least 65 milligrams of caffeine per eight fluid ounces which is advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer's mental physical energy. The term does not include coffee or tea or any substantially coffee or tea-based beverage."

It passed the House as amended on a largely party-line vote of 75 to 27.

If passed the effective date if enacted, the law would take effect October 1, 2026 – the start of the state fiscal year.

The measure cleared the Senate on March 3, 2026, by a vote of 24 to 2.

The Senate voted to non-concur with the House changes. It now moves to a conference committee which will attempt to create a compromise acceptable to both the Alabama House of Representatives and Alabama Senate for passage.

They have to reach a compromise today and have it pass both houses of the Legislature today because today – Thursday, April 9, is the last day of the 2026 Legislative Session. Failure to pass this today would effectively kill this legislation until the 2027 Alabama regular session.

Over half of SNAP recipients are low income children. According to a study by the CATO Institute 19.7% percent of children in American are clinically obese. 25.8% of low-income children are obese. Much of the obesity in America, particularly in children, is linked to a diet that is high in sodas, candy, sugary cereals, chips, and snacks. This is negatively impacting the U.S. military because a growing number of American children turn 18 and are already too fat to serve and in many cases are too obese to work construction or other high demand jobs.

(A.I. contributed to this article.)

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