What SNAP Ruling Means For Food Aid Benefits In PA

A new court decision has derailed “Make America Healthy Again” efforts banning the use of federal food aid for candy and sugary drinks in 23 states.

Monday’s ruling by U.S. District Judge Amy Berman Jackson, who sits in Washington, scuttles state restrictions now in place or planned for the federally funded, state-run Supplemental Nutrition Assistance Program.

Jackson said her ruling wasn’t a comment on whether the restrictions are a good idea, but was because the federal government did not follow its own definition of “food.” She said it wasn't a comment on whether the restrictions are a good idea.

“The federal defendants and the states may have a genuine desire to improve the health of SNAP households by encouraging healthy choices at the store, and they can take lawful steps to meet those goals,” she wrote. “But what they cannot do is violate the law and their own regulations along the way.”

What’s Pennsylvania's Position?

Pennsylvania currently has no such restrictions on candy and sugary soft drink purchases.

Republican lawmakers in both the state Senate and House have attempted to pass legislation to that effect, however.

State Representative Alec Ryncavage introduced a bill called the "Healthy SNAP Act," which directed the PA Department of Human Services to seek a federal waiver to exclude candy and soft drinks from eligible SNAP items.

In the senate, State Sens. Michele Brooks and Doug Mastriano drafted legislation to ban junk foods from SNAP.

"It’s hard to justify why children can’t drink whole milk at school, yet are allowed to buy pop and candy with taxpayer-funded food assistance," the pair wrote in a co-sponsorship memorandum. "Sweet and salty treats may have their place, but SNAP should not subsidize a steady diet that contributes to the very health problems we are working to reverse."

States with bans already in effect are Florida, Idaho, Indiana, Iowa, Louisiana, Nebraska, Oklahoma, Utah, West Virginia and Texas.

States with bans approved to take effect are Arkansas, Tennessee, Hawaii, South Carolina, North Dakota, Montana, Missouri, Ohio, Virginia, Colorado, Wyoming, Kansas and Nevada.

Earlier this year, Colorado's human services board reversed its plan to restrict soda and candy purchases after advocates and SNAP recipients warned of the stigma caused by accidental attempts to buy prohibited items. Critics also cited confusing guidelines that permitted drinks with at least 50 percent fruit or vegetable juice while banning those with lower concentrations.

Part Of ‘MAHA’ Agenda

The SNAP program helps nearly 39 million Americans — about 1 in 9. Under the Trump administration’s big tax and policy law signed last year, more recipients are subject to work requirements and states are being required to pay a larger share of administrative costs — and could be on the hook for benefit costs if their error rates are too high.

Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. have encouraged states to limit what the food aid can be used to buy as part of the “Make America Healthy Again”
campaign.

They reason that soda and candy fuel obesity, diabetes and chronic disease epidemics — and taking them off the menu would encourage healthier food choices.

SNAP benefits cover most food for home consumption, excluding alcohol, tobacco, and hot, ready-to-eat items. While the government can waive certain rules, improving nutrition is not a recognized reason for doing so. Nevertheless, states seeking to restrict purchases have proposed using alternative definitions of "food" in their requests to the Agriculture Department.

Rollins suggested on social media Tuesday that the administration would “keep fighting to Make America Healthy Again,” though she did not say directly whether there would be an appeal.

What Do You Think?

Pennsylvania does not currently restrict SNAP purchases of candy or sugary drinks. Should it?