(1) For the purposes of this section:
- (a) "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. "Candy" shall not include any preparation containing flour and shall require no refrigeration.
- (b) "Soda" means any nonalcoholic beverage that contains natural or artificial sweeteners. "Soda" does not include any beverages that contain milk or milk substitutes, that are greater than fifty percent (50%) vegetable juice or fruit juice by volume, or that require preparation before consumption, such as powders or concentrates.
- (2) The director of the department of health and welfare shall request a waiver from the United States department of agriculture to exclude candy and soda from the definition of eligible foods under 7 CFR 271.2. If such waiver is granted, then the director shall prohibit the purchase of candy and soda with benefits provided through the supplemental nutrition assistance program. If no such waiver is granted, then the director shall request such a waiver annually until such waiver is granted.
[56-275, added 2025, ch. 340, sec. 1, p. 1383.]