A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA SNAP NUTRITION INTEGRITY ACT" BY ADDING ARTICLE 11 TO CHAPTER 5, TITLE 43 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A FEDERAL WAIVER TO ALLOW THE STATE TO PROHIBIT THE PURCHASE OF CANDY AND SOFT DRINKS WITH SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS; TO REQUIRE CERTAIN ACTIONS AND REPORTING BY THE DEPARTMENT OF SOCIAL SERVICES RELATED TO APPLICATION FOR AND IMPLEMENTATION OF THE WAIVER; AND FOR OTHER PURPOSES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina SNAP Nutrition Integrity Act."

 

SECTION 2.  Chapter 5, Title 43 of the S.C. Code is amended by adding:

 

Article 11

 

South Carolina SNAP Nutrition Integrity

 

    Section 43-5-1410. For purposes of this article:

    (1) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces, that does not require refrigeration.

    (2) "Department" means the South Carolina Department of Social Services.

    (3) "Soft drink" means a nonalcoholic beverage made with carbonated water and flavored and sweetened with sugar or artificial sweeteners but does not include a beverage that contains milk; milk products; soy, rice, or other milk substitutes; or more than fifty percent vegetable or fruit juice by volume.

    (4) "SNAP" means the federal Supplemental Nutrition Assistance Program, 7 U.S.C. Chapter 51.

    (5) "SNAP benefit" means any financial benefit, coupon, or privilege available under SNAP.

    (6) "USDA FNS" means the United States Department of Agriculture, Food and Nutrition Service.

 

    Section 43-5-1420. (A) The South Carolina Department of Social Services shall submit a request for a federal waiver to the U.S. Department of Agriculture, Food and Nutrition Service, to authorize the department to prohibit the use of SNAP benefits for the purchase of candy and soft drinks.

    (B) The waiver request pursuant to subsection (A) must include:

       (1) justification for the waiver, including:

           (a) public health concerns related to excessive sugar consumption and diet-related diseases;

           (b) SNAP's statutory intent to promote food security and nutrition; and

           (c) cost savings to taxpayers by reducing Medicaid expenditures related to diet-induced conditions;

       (2) an implementation plan ensuring that existing point-of-sale systems used by South Carolina retailers can enforce the restrictions;

       (3) a strategy for education and outreach utilizing existing programs such as the USDA FNS's SNAP-Ed Connection program to inform SNAP recipients of alternative healthy food options; and

       (4) a mechanism to track the impact of the waiver restrictions on SNAP recipients, including spending patterns postimplementation and health outcomes, particularly Medicaid trends for diet-related illnesses.

 

    Section 43-5-1430. (A) If the waiver pursuant to Section 43-5-1420(A) is approved by the USDA FNS, the department shall implement the SNAP benefits restriction within six months from the date of approval.

    (B) If the waiver under Section 43-5-1420(A) is denied, the department shall:

       (1) resubmit the waiver request no later than three months from the date of denial; and

       (2) continue resubmitting the request annually until approval is granted.

    (C) The department shall work with SNAP-authorized retailers to ensure compliance by updating point-of-sale systems to prevent the purchase of restricted items using SNAP benefits.

 

    Section 43-5-1440. (A) On or before November first each year, the department shall submit a written report to the General Assembly, which includes the following:

       (1) the status of the waiver request, including whether it is pending, approved, or denied;

       (2) data on SNAP spending trends in South Carolina, including any reductions in soda and candy purchases;

       (3) identified challenges in implementing the restriction, including feedback from retailers and program participants; and

       (4) recommendations for further policy action related to SNAP nutrition standards.

    (B) The annual report pursuant to subsection (A) also must be included in the department's annual report to the Governor and the General Assembly, as required pursuant to Section 43-1-210.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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