The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: CS/SM 814
INTRODUCER: Agriculture and Senator Gruters
SUBJECT: Supplemental Nutrition Assistance Program/Soft Drinks
DATE: March 14, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Becker Becker AG Fav/CS
2. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SM 814 requests the United States Department of Agriculture to perform a study on the
foods typically purchased by users of the Supplemental Nutrition Assistance Program (SNAP).
The memorial requires the Secretary of State to dispatch copies of the memorial to the Secretary
of the United States Department of Agriculture, the President of the United States, the President
of the United States Senate, the Speaker of the United States House of Representatives, and each
member of the Florida delegation to the United States Congress.
II. Present Situation:
The Supplemental Nutrition Assistance Program (SNAP) offers nutrition assistance to eligible,
low-income individuals and families in the form of funds to purchase eligible food. The Food and
Nutrition Service (FNS), under the U.S. Department of Agriculture (USDA), administers SNAP,
and the Florida Department of Children and Families (DCF) distributes the benefits. In Florida,
SNAP and other economic assistance benefits are placed on Electronic Benefits Transfer (EBT)
cards.
Eligible foods for SNAP are any food or food product intended for human consumption except
alcoholic beverages, tobacco, hot foods, and hot food products prepared for immediate
consumption, with some exceptions. Eligible foods also include junk foods such as soft drinks and
candy.
BILL: CS/SM 814 Page 2
Junk food is food that is nutrient poor but rich in calories, salt, and fats. Excess consumption of
junk foods may lead to nutritional deficiencies and health disorders including obesity, heart
disease, high blood pressure, and diabetes. States and local governments have requested
permission from the USDA for waivers to prohibit SNAP participants from purchasing junk
foods with limited nutritional values with their benefits as a way to promote healthy choices.
However, the USDA has denied every such request.
Background
Supplemental Nutrition Assistance Program (SNAP)
The Food and Nutrition Service (FNS), under the U.S. Department of Agriculture (USDA),
administers the Supplemental Nutrition Assistance Program (SNAP).1 SNAP, formerly the Food
Stamp Program, is the nation’s largest domestic food and nutrition assistance program for low-
income Americans.2 For low-income households, increased spending on food is consistently and
positively associated with diet quality and is associated with higher use and intake of both fruits
and vegetables.3
In fiscal year 2020, SNAP provided assistance to approximately 39.9 million people living in 20.5
million households across the US, in an average month.4 SNAP benefits support individual
households by reducing the effects of poverty and increasing food security while supporting
economic activity across communities as SNAP benefits directly benefit farmers, retailers, food
processors and distributors, and their employees.5
To be eligible for SNAP, households must have a gross monthly income at or below 130 percent
of the poverty line, have a net income at or below the poverty line, and have assets below certain
1
The Food Stamp Program (FSP) originated in 1939 as a pilot program for certain individuals to buy stamps equal to their
normal food expenditures: for every $1 of orange stamps purchased, people received 50 cents worth of blue stamps, which
could be used to buy surplus food. The FSP expanded nationwide in 1974. Under the federal welfare reform legislation of
1996, Congress enacted major changes to the FSP, including limiting eligibility for certain adults who did not meet work
requirements. The Food and Nutrition Act of 2008 renamed the FSP the Supplemental Nutrition Assistance Program (SNAP)
and implemented priorities to strengthen program integrity; simplify program administration; maintain states’ flexibility in
how they administer their programs; and improve access to SNAP. See A Short History of SNAP, UNITED STATES
DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE, available at
https://www.fns.usda.gov/snap/short-history-snap (last visited March 10, 2023).
2
US Department of Agriculture, Economic Research Service, Supplemental Nutrition Assistance Program (SNAP)
Overview. Available at https://www.ers.usda.gov/topics/food-nutrition-assistance/supplemental-nutrition-assistance-
program-snap/ (last visited March 10, 2023).
3
Food Expenditures and Diet Quality Among Low-Income Households and Individuals, UNITED STATES DEPARTMENT
OF AGRICULTURE FOOD AND NUTRITION SERVICE, July 2010, available at
https://www.fns.usda.gov/sites/default/files/FoodExpendDietQuality_Summary.pdf (last visited March 10, 2023).
4
US Department of Agriculture, Food and Nutrition Service, Characteristics of SNAP Households: FY 2020 and Early
Months of the COVID-19 Pandemic: Characteristics of SNAP Households, available at
https://www.fns.usda.gov/snap/characteristics-snap-households-fy-2020-and-early-months-covid-19-pandemic-
characteristics (last visited March 10, 2023).
5
US Department of Agriculture, Economic Research Service, Supplemental Nutrition Assistance Program (SNAP) Economic
Linkages. Available at https://www.ers.usda.gov/topics/food-nutrition-assistance/supplemental-nutrition-assistance-program-
snap/economic-linkages/ (last visited March 10, 2023).
BILL: CS/SM 814 Page 3
limits based on whether or not the household has a member aged 60 or older who has a disability.6
As of January 2023, 3,220,757 individuals, including 1,262,174 children and 1,017,860 elderly or
disabled individuals, were receiving SNAP benefits in Florida.7
Eligible Foods
The Food and Nutrition Act of 2008 defines eligible food under SNAP as any food or food product
intended for human consumption except alcoholic beverages, tobacco, hot foods, and hot food
products prepared for immediate consumption, with some exceptions.8 Nonfood items such as pet
foods, soaps, paper products, medicines and vitamins, household supplies, grooming items, and
cosmetics are ineligible for purchase with SNAP benefits.9 Eligible foods include junk foods such
as soft drinks and candy.10
When considering the eligibility of vitamins and supplements, power bars, energy drinks and other
branded products, the primary determinant is the type of product label chosen by the manufacturer
to conform to Food and Drug Administration (FDA) guidelines:
Items that carry a nutrition facts label are eligible foods.
Items that carry a supplement facts label are classified by the FDA as supplements and are
therefore not eligible.11
Foods Purchased By SNAP Households
In 2011, SNAP participants redeemed over $71 billion in SNAP benefits in more than 230,000
SNAP-authorized stores.12 Based on data from these purchases, the USDA published a study on
the types of foods SNAP households typically purchase as compared to non-SNAP households.13
With respect to SNAP households, the data represents all food purchases made rather than only
the foods purchased specifically with SNAP benefits.14 The data could not differentiate between
items purchased with SNAP benefits and those purchased with other funds; most SNAP
households use a combination of SNAP benefits and their own funds when making their food
purchases.
6
Canter on Budget Policy and Priorities, A Quick Guide to SNAP Eligibility and Benefits, available at
https://www.cbpp.org/research/food-assistance/a-quick-guide-to-snap-eligibility-and-benefits#_ftn5 (last visited March 10,
2023).
7
Email from Chad Corcoran, Deputy Director of Legislative Affairs, Department of Children and Families, Re: SNAP
Participants (March 2, 2023). On file with the Florida House Children, Families, and Seniors Subcommittee.
8
7 USC § 2012(k); see also 7 CFR § 271.2.
9
Id.
10
For an explanation of the inclusion of “junk food” and luxury items as eligible foods, see UNITED STATES
DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE, Supplemental Nutrition Assistance Program
(SNAP) Eligible Food Items, https://www.fns.usda.gov/snap/eligible-food-items (last visited March 10,2023).
11
Id.
12
Supplemental Nutrition Assistance Program 2011 Annual Report, UNITED STATES DEPARTMENT OF
AGRICULTURE FOOD AND NUTRITION SERVICE, 2011, available at
https://www.fns.usda.gov/sites/default/files/snap/2011-annual-report.pdf (last visited March 10, 2023).
13
Foods Typically Purchased by Supplemental Nutrition Assistance Program (SNAP) Households, UNITED STATES
DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE, Nov. 2016, available at
https://www.fns.usda.gov/sites/default/files/ops/SNAPFoodsTypicallyPurchased.pdf (last visited March 10, 2023).
14
Id.
BILL: CS/SM 814 Page 4
The study found that the expenditure patterns of SNAP and non-SNAP households were similar:
Approximately 40 cents of every dollar of food expenditures were spent on basic items such
as meat, fruits, vegetable, milk, eggs, and bread.
o 41 cents of every dollar for SNAP households.
o 44 cents of every dollar for non-SNAP households.
Approximately 20 cents out of every dollar were spent on sweetened beverages, desserts,
salty snacks, candy and sugar.
o 23 cents of every dollar for SNAP households
o 20 cents of every dollar for non-SNAP households.
o Approximately 40 cents of every dollar were spent on a variety of items such as cereal,
prepared foods, dairy products, rice, and beans.15
SNAP households spent almost ten percent of their food expenditures on sweetened beverages,
which was almost double what those households spent on fruit.16 As a percentage of total
expenditures on foods, SNAP households spent the same on sweetened beverages as non-SNAP
households spent on vegetables.17
Restricting SNAP Eligible Foods
States and local governments have proposed prohibiting SNAP participants from purchasing foods
with limited nutritional values with their benefits as a mechanism to promote healthy choices;
however, the USDA has identified four key problems with the rationale, feasibility, and potential
effectiveness of these proposals:
No clear standards exist for defining foods as good or bad, or healthy or not healthy;
Implementation of food restrictions would increase program complexity and costs;
Restrictions may be ineffective in changing the purchases of food stamp participants; and
No evidence exists that food stamp participation contributes to poor diet quality or obesity.18
The USDA notes that it is difficult to draw a bright line between foods that contribute to a healthy
diet and those that do not; the Dietary Guidelines for Americans, MyPyramid, the American
Dietetic Association, and most nutritionists take a total diet approach to communicate healthful
eating advice, placing emphasis on the overall pattern of food eaten, rather than any one food or
meal. The USDA also asserts that it is unclear whether “healthy” foods should be characterized by
the absence of nutrients to be avoided, the presence of desirable nutrients, or a combination of
both. It goes on to note that diet sodas, for example, may pass a test based only on the absence of
undesirable nutrients – they have no fat or sugars, are low in calories, and contain little sodium –
and based on those criteria alone, they would appear preferable to orange juice.19
15
Id.
16
Id.
17
Id.
18
US Department of Agriculture, Food and Nutrition Service, Implications of Restricting the Use of Food Stamp Benefits
(2007). Available at https://fns-prod.azureedge.us/sites/default/files/FSPFoodRestrictions.pdf (last visited March 10, 2023).
19
Id.
BILL: CS/SM 814 Page 5
The USDA argues that even if decisions could be made that distinguish allowable foods from
restricted foods, there are still difficult implementation challenges, stemming from the enormous
variety and scale of the American food sector; a typical supermarket carries about 40,000 products
on its shelves and there are more than 300,000 food products available in the marketplace
nationwide.20 This creates three types of administrative and implementation problems:
Identifying, evaluating, and tracking the nutritional profile of every food product or category
available for purchase would be a significant expansion of government responsibility and
associated bureaucracy, at a significant cost.
New restrictions on the use of food stamps place the burden of enforcing compliance on the
retailers and participants, who would need to be informed about what foods are no longer
allowable.
Expanding the pool of ineligible items increases opportunities for non-compliance, expands
the need for oversight, and may increase the number of retailers or participants found in
violation of program rules.21
Additionally, the USDA argues that it is not clear that a limit on the acceptable uses of food stamp
benefits would actually change the nutrition profile of food purchases because SNAP participants
could continue to purchase any food they want using their own money. The USDA also states that
the body of research on SNAP does not support the view that restricting food choices will result
in more healthful food purchases and consumption or improved dietary outcomes.22 Instead, it
notes that research clearly indicates that participation in the program increases household spending
on food.23
Finally, the USDA asserts that achieving dietary improvement among SNAP participants is a
complex challenge that is not likely to be met by prohibiting use of benefits for a group of foods
perceived as having limited nutritional value.24
USDA has denied every request from states and local governments to implement waivers that
would allow them to adopt their own standards for allowable foods under SNAP.25 In rejecting
20
Id.
21
Id.
22
Id.
23
Id.
24
Supra, note 18.
25
In 2004, and several times since, Minnesota sought a waiver to prevent the purchase of junk food with SNAP benefits. The
USDA denied the waiver, which focused on candy and soda, among other foods, stating that it was based on questionable
merits. In 2010, New York City sought a federal waiver to prohibit the purchase of soda and other sweetened beverages with
SNAP benefits for two years. The waiver was ultimately denied by the USDA due to the logistical difficulty associated with
implementing the plan. Anemona Hartocollis, The New York Times (2010). New York Asks to Bar Use of Food Stamps to
Buy Sodas. Available at https://www.nytimes.com/2010/10/07/nyregion/07stamps.html (last visited February 27, 2023). See
also Patrick McGeehan, New York Times (2011). U.S. Rejects Mayor’s Plan to Ban Use of Food Stamps to Buy Soda.
Available at https://www.nytimes.com/2011/08/20/nyregion/ban-on-using-food-stamps-to-buy-soda-rejected-by-usda.html
(last visited March 10, 2023). Since 2013, the USDA has denied Maine’s repeated requests to ban the purchase of junk foods
with SNAP benefits. In 2016, Maine’s Governor threatened to implement reform unilaterally or cease the state’s
administration of the program if the USDA did not allow it to restrict purchases. Portland Press Herald (2016).Gov. LePage’s
threat risks suspension of food stamp assistance. Available at https://www.pressherald.com/2016/06/21/spokesperson-says-
gov-lepage-has-threatened-to-end-food-stamp-program/ (last visited March 10, 2023). The USDA again denied Maine’s
request to ban the use of SNAP benefits to purchase junk food in 2018 under the Trump Administration. The Washington
BILL: CS/SM 814 Page 6
them, the USDA has noted that state options are problematic because there is no scientific basis
for allowing nutrition standards to vary from place to place and that variation in state requirements
would complicate industry compliance and increase the cost of doing business.26
III. Effect of Proposed Changes:
CS/SM 814 requests the United States Department of Agriculture to perform a study on the
foods typically purchased by users of the Supplemental Nutrition Assistance Program (SNAP).
The memorial requires the Secretary of State to disp