An Alabama state senator wants to pass a state law to tighten up what people can buy through the Supplemental Nutrition Assistance Plan, the food assistance program formerly known as food stamps.

Sen. Arthur Orr, R-Decatur, has a bill intended to prohibit buying sodas and candy with SNAP.

Orr said it is harmful to use tax dollars to pay for products that contribute to Alabama’s high rate of obesity and chronic health conditions such as diabetes and high blood pressure.

“We’re almost facilitating problems on the health side by allowing free sugar drinks and candy in the form of free EBT purchases or SNAP purchases,“ Orr said.

EBT refers to the electronics benefit transfer cards issued to SNAP recipients.

Orr’s bill would require the Alabama Department of Human Resources, which administers SNAP, to request a waiver from the U.S. Department of Agriculture Food and Nutrition Service to exclude sodas and candy from the list of foods eligible for SNAP.

Six states have received similar waivers, according to the USDA. – Arkansas, Idaho, Indiana, Iowa, Nebraska, and Utah. The waivers take effect next year.

“I believe strongly we need to have the issue pushed forward in the legislative process and have that debate,” Orr said.

Changes to SNAP have a big impact in Alabama.

An average of 750,000 people received SNAP benefits in Alabama last year, an average monthly benefit of about $200.

That amounted to about $1.8 billion during fiscal year 2024. Federal dollars pay 100% of SNAP benefits, while states pay part of the administrative costs.

But that will change under President Trump’s tax cut and spending bill passed by Congress, the “big, beautiful bill.”

Starting in 2028, states will have to pay part of the benefits, a potentially large expense for Alabama’s budget.

States can avoid if they keep their error rate for administering SNAP below 6%.

The error rate measures how accurately a state determined SNAP eligibility and benefit amounts for those who participate in SNAP.

Errors include both overpayments – when households receive more benefits than they are entitled to – and underpayments – when they receive less.

Orr sponsored a bill this year that he said was intended to enable DHR and the Alabama Medicaid Agency to more reliably track the eligibility of those receiving benefits.

The bill would have required DHR and Medicaid to enter data matching agreements with other state agencies to cross check eligibility status.

For example, the Department of Revenue would notify DHR when tax records indicated a SNAP recipient got a new job.

The bill did not advance, but Orr still thinks it is a good idea and that the state has the technology to make it work.

“It’s time to improve our systems as far as checking to make sure those truly eligible are the ones that are receiving the benefits and not ineligible parties,” Orr said.

“And I appreciate Congress and the president brining this issue into the crosshairs.”

SNAP can be used to buy fruits, vegetables, meat, poultry, fish, dairy products, breads and cereals, snacks and non-alcoholic drinks.

It cannot be used for alcohol, tobacco, pet food, vitamins and supplements, and household goods such as paper products and cleaning supplies.

Orr’s bill to take sodas and candy off the list of SNAP-eligible foods is not a new idea. He sponsored similar legislation before the COVID pandemic, but it did not pass.

“When the taxpayers are funding free groceries and free health care, I’m not saying at all that we abolish the programs, but we need to be wise about it,” Orr said.

Next year’s legislative session starts Jan. 13.