SB2908 104TH GENERAL ASSEMBLY

LRB104 17804 KTG 31237 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2908

Introduced 1/27/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

305 ILCS 5/12-4.50a new

Amends the Administration Article of the Illinois Public Aid Code. Requires the Department of Human Services, as the lead State agency responsible for administering Supplemental Nutrition Assistance Program (SNAP) benefits to eligible Illinois residents, to submit a SNAP Food Restriction Waiver to the U.S. Department of Agriculture's Food and Nutrition Service to modify allowable purchases under the SNAP program by excluding from the definition of "eligible food" candy, prepared desserts, carbonated and noncarbonated soft drinks, certain fruit and vegetable juices containing 50% or less of natural fruit or vegetable, energy drinks, and other specified beverage mixes and concentrates. Provides that upon federal approval, the Department shall ensure that SNAP recipients are notified and informed of the SNAP Food Restriction Waiver, the specific food items and beverages restricted under the waiver, and the implementation date for the waiver. Requires the Department to also engage directly with SNAP-authorized retailers to prepare them to comply with the SNAP Food Restriction Waiver.

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Section 12-4.50a as follows:

(305 ILCS 5/12-4.50a new)

Sec. 12-4.50a. SNAP Food Restriction Waiver.

(a) Findings. The General Assembly finds the following:

(1) The "N" in SNAP stands for "Nutrition," and the Declaration of Policy in the Food and Nutrition Act of 2008 (Public Law 88-525, as amended via Public Law 118-5) underscores the importance of nutrition and health. However, this "Nutrition Assistance" program is, in practice, enabling the purchase of highly processed, low-nutrient beverages and candy, which undermines public health outcomes for families across Illinois.

(2) National data show that soda, unhealthy snacks, candy, and dessert products account for a significant share of SNAP redemptions-nearly 23%, or $27,000,000,000, of all purchases. Given the well-established link between consumption of low-nutrient foods and adverse health outcomes, current SNAP policy contributes to higher rates of obesity, type 2 diabetes, cardiovascular disease, hypertension, and other chronic conditions in Illinois communities.

(3) Chronic diet-related conditions disproportionately affect low-income households, the same populations that depend on SNAP for food security. In Illinois, an outsized burden of obesity and diabetes persists among low-income adults and children, contributing to increased healthcare utilization and costs. For example, State health data indicate that a substantial share of Illinois adults are living with obesity, and diabetes prevalence in many counties exceeds national averages. These conditions impose significant costs on Illinois' public health systems, including Medicaid, which allocates hundreds of millions of dollars annually to the treatment of diet-related chronic diseases.

(4) Reforming SNAP to better align with nutritional objectives will support healthier outcomes for low-income families in Illinois. Evidence from peer-reviewed research suggests that disallowing purchases of sugary drinks-such as soda-using SNAP benefits could prevent obesity and type 2 diabetes at scale. It is estimated that excluding sugar-sweetened beverages from SNAP purchases could prevent obesity in an estimated 141,000 children and reduce new cases of type 2 diabetes in approximately 240,000 adults nationally.

(5) Limiting SNAP eligibility for sugar-sweetened beverages, unhealthy drinks, and candy represents a commonsense, evidence-based first step toward improving nutrition and advancing health equity in Illinois.

(b) As the lead State agency responsible for administering Supplemental Nutrition Assistance Program (SNAP) benefits to eligible Illinois residents, the Department of Human Services shall submit a SNAP Food Restriction Waiver to the U.S. Department of Agriculture's Food and Nutrition Service to exercise Section 17 of the Food and Nutrition Act of 2008 to modify allowable purchases under the SNAP program by excluding from the definition of "eligible food" the following food items and beverages as described or defined:

(1) Excluded food items:

(A) "Candy" means a product that involves the preparation of sugar or artificial sweeteners in combination with chocolate, fruits, nuts, caramels, gummies, and hard candies, or other ingredients or flavorings, presented in the form of bars, drops, or pieces.

(B) "Prepared desserts" means a processed, shelf-stable, ready-to-eat, prepackaged sweet food intended for immediate consumption without any further preparation. This would include foods mostly made out of chemically modified substances extracted from foods, along with additives to enhance taste, texture, appearance, and durability, with minimal use of whole foods. Anything that requires refrigeration for storage or safety is excluded from the candy definition and will still be SNAP-eligible, such as birthday cake.

(2) Excluded beverages:

(A) Carbonated and noncarbonated soft drinks are excluded, including, but not limited to, colas, ginger ale, near-beer, root beer, lemonade, and orangeade.

(B) All other drinks or punches with natural fruit or vegetable juice that contain 50% or less by volume of natural fruit or vegetable juice are also excluded.

(C) Beverage mixes and ingredients intended to be made into taxable beverages are excluded, whether liquid or frozen, concentrated or non-concentrated, dehydrated, powdered, granulated, sweetened or unsweetened, and seasoned or unseasoned.

(D) Concentrates intended to be made into beverages that contain 50% or less by volume of natural fruit or vegetable juice are excluded as well.

(E) Energy drinks are carbonated or non-carbonated beverages containing a stimulant such as fortified caffeine, guarana, glucuronolactone, or taurine. They may also include herbal extracts such as ginseng, mineral salts and vitamins, or high doses of organic acids, amino acids, inositol, sugars, or other similar compounds, in addition to sweeteners. Juices or natural fruit pulp or concentrates may also be added. Energy drinks are specifically formulated to enhance energy, alertness, or physical performance. Beverages marketed primarily as sports drinks to increase hydration, such as Gatorade, or medically necessary nutritional products, are not included.

(c) Upon federal approval, the Department shall ensure that SNAP recipients are notified and informed of the SNAP Food Restriction Waiver, the specific food items and beverages restricted under the waiver, and the implementation date for the waiver. The Department shall also engage directly with SNAP-authorized retailers to prepare them to comply with the SNAP Food Restriction Waiver.