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Amends subsection (k)(1) of the definition section by modifying the phrase 'home consumption' to make it subject to the new section 11(y) cross-reference.
Adds a new subsection (y) to section 11 authorizing the Secretary to permit a State agency, upon request, to prohibit use of benefits to purchase foods a State nutrition agency determines to be unhealthy.
Changes how “food” is defined in the Food and Nutrition Act by narrowing the meaning of “home consumption,” and creates a new process that lets State nutrition agencies ask the federal Secretary for permission to bar people from using program benefits to buy foods the State labels as “unhealthy.” The change would let individual States request authority to restrict benefit purchases based on the State agency’s determination of which items are unhealthy.
Amend Section 3(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)) by replacing the phrase "home consumption" with "home consumption, subject to section 11(y)," so that the definition of food explicitly references the new subsection 11(y).
Add subsection (y) to Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) titled "Waiver of eligibility of certain food": The Secretary shall permit a State agency, on that State agency’s request, to prohibit the use of benefits to purchase food that the applicable State nutrition agency determines to be "unhealthy food."
Primary impacts would fall on households that receive federal nutrition benefits and on State nutrition agencies. If a State obtains approval to bar certain foods, benefit recipients in that State could be prevented from using program benefits to buy items the State designates as "unhealthy." That may reduce access to some packaged or prepared foods for beneficiaries, shift purchasing to other items, or require recipients to use non-benefit funds for purchases the State restricts. State nutrition agencies would gain discretionary authority but also administrative responsibility to define unhealthy foods, prepare requests, and manage implementation. Retailers and point-of-sale vendors would face technical and operational changes to block purchases with benefits for newly prohibited items, potentially incurring costs to update systems. The federal agency (the Secretary) would need procedures and staff time to review, approve, and potentially oversee State requests. Public health advocates may view the change as a tool to promote healthier purchasing, while civil-rights and anti-poverty advocates may raise concerns about limiting food choice, increased stigma, and unequal access across States. Because the bill leaves key definitions and procedures to the State and the Secretary, additional rulemaking or guidance would likely be required to resolve details such as nutritional criteria, exemptions (medical/dietary), timelines for decisions, and enforcement.
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Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced March 25, 2025 by Rand Paul · Last progress March 25, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate