Alabama § 38-4-15

§ 38-4-15.

(a) For the purposes of this section, the following terms have the following meanings:

(1) CANDY. Food products that list sugar, cane sugar, corn syrup, or high fructose corn syrup as a primary ingredient. The term includes any confectionery products primarily composed of sugar or sweeteners and intended for consumption as candy, including, but not limited to, chocolate bars, non-chocolate candy, chewing gum, and similar products. The term does not include any baked goods, prepared desserts, bakery items, baking mixes, cooking ingredients, dessert toppings, frostings, jellies, jams, marshmallows, hot cocoa mix, powdered drink mixes, or other foods intended primarily for cooking, baking, or meal preparation.

(2) DEPARTMENT. The Alabama Department of Human Resources.

(3) SNAP BENEFIT. A financial benefit, coupon, or privilege available under the federal Supplemental Nutrition Assistance Program, 7 U.S.C. Chapter 51.

(4) SODA. Beverages that list, as the first two ingredients, any combination of: (i) carbonated water; and (ii) sugar, cane sugar, corn syrup, or high fructose corn syrup. The term does not include any beverages that contain low or non-caloric sweeteners.

(5) USDA FOOD AND NUTRITION SERVICE. The United States Department of Agriculture Food and Nutrition Service.

(b) The commissioner of the department shall request a waiver from the USDA Food and Nutrition Service to authorize the department to exclude candy and soda from the definition of “eligible foods” under 7 C.F.R. § 271.2. The requested waiver shall include an implementation date of no sooner than April 1, 2027.

(c)(1) If the waiver described in subsection (b) is approved by the USDA Food and Nutrition Service, the department shall prohibit the use of SNAP benefits for the purchase of candy and soda, provided that retailers must be provided at least one month’s notice before the waiver may become effective. The department shall provide notice of the effective date of the waiver to SNAP-authorized retailers.

(2) If the waiver described in subsection (b) is approved by the USDA Food and Nutrition Service, the Governor shall direct the appropriate agency to publish a list of items included and excluded under the waiver. The list shall include, but not be limited to, product identification on existing universal product codes or other standard point-of-sale identifiers used by retailers.

(d) If the waiver described in subsection (b) is denied, the commissioner shall resubmit the request for a waiver to the USDA Food and Nutrition Service annually until approval is granted.

(e) If the waiver described in subsection (b) is approved, no retailer may be subject to any fine, penalty, or other punishment for the accidental acceptance of SNAP benefits for the purchase of candy or soda, unless the retailer has more than three accidental acceptances during one fiscal year.