Kansas is a step closer to banning food stamps from being used to buy candy and soda after politicians tied the issue to administrative funding for a summer meal assistance program. The state has submitted a waiver request to the U.S. Department of Agriculture. A federal waiver is required in order for a state to make soda and candy ineligible under the Supplemental Nutrition Assistance Program. No state had ever before been granted a waiver. President Donald Trump's administration granted the first to Nebraska on May 19. "Today's waiver to remove soda and energy drinks from SNAP is the first of its kind, and it is a historic step to Make America Healthy Again," USDA secretary Brooke Rollins said in a statement on Nebraska's waiver. "Under President Trump's leadership, I have encouraged states to serve as the 'laboratories of innovation.' Nebraska Governor Jim Pillen and Governors in Iowa, Arkansas, Indiana, Kansas, West Virginia, and Colorado are pioneers in improving the health of our nation." While the Kansas request excludes soda and candy, the approved Nebraska waiver prohibits food stamps from being used to purchase soda and energy drinks. "As part of the Make America Healthy Again agenda, this historic action seeks to reverse alarming disease trends across the country," the USDA said in a news release. "Prediabetes now affects one in three children ages 12 to 19; 40% of school-aged children and adolescents have at least one chronic condition; and 15% of high school students drink one or more sodas daily." Kansas Department for Children and Families secretary Laura Howard told lawmakers May 13 that Kansas submitted a waiver request. "We have submitted the waiver, and we will begin conversations with the USDA about what an implementation plan looks like," Howard said. The DCF action was prompted by the Legislature. Despite her opposition to the effort, Gov. Laura Kelly said her administration submitted a waiver request "in order to unlock crucial funding that supports programs hungry children desperately need." "I maintain that this is not the right approach to addressing childhood health and nutrition," Kelly said in a statement. "As I've said, the waiver will make it more difficult for Kansas families and will harm Kansas businesses. The waiver is also confusing and nonsensical — and changes to the SNAP food assistance program should be made at the federal level, not on a patchwork, state-by-state basis."
Lawmakers tied summer EBT funding to SNAP waiver
The Republican-led Legislature had tried to mandate that DCF request a waiver. The GOP supermajorities were able to pass
Senate Bill 79 , but
Democratic Gov. Laura Kelly vetoed the bill . Senate Republicans voted to override the veto, but the veto was sustained after the House never attempted an override vote. The House had been nine votes short of a two-thirds majority when it passed the bill. House Speaker Dan Hawkins, R-Wichita, said in a newsletter that lawmakers "got a little creative" after the governor's veto, noting "the Legislature controls the purse strings." The budget bill,
Senate Bill 125 , included a provision requiring DCF to submit a waiver request in order to get administrative funding for the summer EBT program. Lawmakers required the DCF secretary to certify the waiver had been submitted before the State Finance Council would release $3.7 million to the agency, including $1.8 million from the state general fund, according to the budget memo. Howard said the waiver was submitted to USDA on May 8 and provided lawmakers with both a copy of the waiver and proof of submission. "Based on the submission of that waiver and certification of that to you, I'm asking for release of the $1.8 million in state general funds so that we can move forward with this summer's EBT program to provide resources for youth once the schools season ends," she said. Kelly said the money is "administrative funds essential to the execution of the SUN Bucks program." "What do you know, faced with the prospect of losing their funding, DCF Secretary Howard testified to the State Finance Council that the waiver had been submitted," Hawkins said. "While it will take a while for that waiver to work its way through federal red tape, Kansas is now well on its way to helping ensure nutritional assistance benefits provide, well, actual nutrition." Summer EBT, also known as
SUN Bucks, is a USDA program that "provides $120 in grocery benefits per eligible school-aged child when school is out for the summer." SNAP recipients are among those who are automatically enrolled.
Kansas 2025 SUN Bucks benefits will be distributed starting May 28. The Legislature's budget memo indicated the state received $65.7 million in federal funds for the summer EBT program.
What politicians said about banning food and candy from SNAP benefits
In her April 4 veto message on SB 79, Kelly said a SNAP waiver would "make it more difficult for Kansans to access the food they need to feed their families" and hurt businesses. "I support the idea that Kansans should eat healthier," Kelly said. "However, changes to the SNAP food assistance program should be made at the federal level, not on a patchwork, state-by-state basis." Hawkins and Senate President Ty Masterson, R-Andover, previously criticized the governor's veto. "It's just common sense that nutritional assistance should focus on items that provide actual nutrition," the GOP leaders said in a joint statement April 4. "Studies demonstrate that obesity is impacting low-income children the most — so it's disappointing that the governor doubled down on her anything-goes approach to welfare." During debate on the bill, many Republicans indicated their motivation was a mix of promoting healthy food and also prohibiting taxpayer money from going to unhealthy food. "We want people to be healthy," said Sen. Renee Erickson, R-Wichita. "We know they can buy other things that aren't healthy, but this is a start in saying taxpayers don't want to pay for pop and candy on SNAP benefits." Sen. Rick Kloos, R-Berryton, said, "We see an epidemic with young people in particular, a health crisis." Several Democrats argued the bill is not a real solution to addressing childhood hunger or nutrition. "I would encourage this body that if we are serious about doing everything we can to make the kids in Kansas healthier, that we think about real solutions and not ideologically driven bills like this one," said Sen. Patrick Schmidt, D-Topeka. "One child going hungry is too many," Erickson said. "But to think because we are saying you cannot buy soft drinks and candy with SNAP benefits is exacerbating childhood hunger, I think is just fearmongering beyond the pale." During an April 23 legislative luncheon hosted by the Greater Topeka Partnership, chamber president Juliet Abdel said the SNAP bill "was a little bit unpopular for our organization." Abdel had testified against the bill, which she said would put "a competitive disadvantage" on large food manufacturers and small retailers, who would also face an administrative burden. Sen. Brenda Dietrich, R-Topeka, was among a handful of Republicans who opposed the effort. She noted that Topeka has a Mars chocolate manufacturing plant and Heartland Coca-Cola Bottling Co. "I voted against it because I support those businesses that are here in this community, and I think that there are certain things that we do that sometimes is government overreach and I just felt that was one of them," Dietrich said. She described the bill as "very controversial and very hard to implement." She and other critics of the bill said the definition of candy in state law would create confusion for customers and difficulties for retail stores because some items, like Kit Kats, are not legally considered candy. While the bill might make "perfect sense because too many of us are overweight," Dietrich said, "at the cash register it didn't make sense how you were going to be able to even sort through that."
Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at . Follow him on X @Jason_Alatidd .
