Assigned to HHS                                                                                                                               AS VETOED

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

VETOED

FACT SHEET FOR H.B. 2396/S.B. 1368

 

SNAP; allowed purchases; waiver

Purpose

Requires the Director of the Department of Economic Security (Director) to request a waiver from the U.S. Department of Agriculture (USDA) granting the authority to restrict the purchase of specified noneligible foods using Supplemental Nutrition Assistance Program
(SNAP) benefits.

Background

SNAP is a federal program that provides food benefits to low-income families to supplement the family's grocery budget and assist the family in affording nutritious food. Nutrition Assistance, formerly known as The Food Stamp Program, is Arizona’s program under SNAP and is administered by the Department of Economic Security (DES). Nutrition Assistance provides eligible households with monthly benefits that may be used to purchase nutritious food. SNAP benefits allow members to purchase specified eligible items, including but not limited to: 1) fruits and vegetables; 2) breads and cereals; 3) meats, fish and poultry; 4) dairy products; 5) seeds and plants that produce food for consumption; and 6) infant formula and diabetic foods. SNAP benefits exclude the purchase of certain items, such as: 1) alcoholic beverages; 2) cigarettes or tobacco;
3) vitamins and minerals; 4) non-food items; and 5) foods that are hot at the point of sale (USDA; DES).

States may request approval from the USDA to test changes to SNAP administration through waivers or through pilot or demonstration projects authorized under federal law. The USDA has authority to approve time-limited demonstration projects designed to evaluate potential program changes and impacts on participants and program operations. If a requested waiver is not approved, a state may pursue a USDA-approved pilot or demonstration project as an alternative mechanism to test proposed changes (7 U.S.C. § 2026).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires the Director to request a waiver from the USDA granting the authority to restrict the purchase of noneligible foods using SNAP benefits.

2.   Stipulates that, if the waiver is not granted, the Director:

a)   must resubmit the request annually; and

b)   may pursue the USDA pilot or demonstration authority as allowed under federal law.

3.   Requires DES to provide clear guidance to SNAP recipients and retailers and allow a reasonable implementation period to ensure compliance with the restriction of noneligible food purchases.

4.   Specifies that the restriction on noneligible food purchases does not reduce benefit amounts, restrict access to eligible foods or limit participation in SNAP.

5.   Defines eligible foods as any food item that may be purchased using SNAP benefits, including:

a)   whole meats, poultry and fish, including frozen, fresh or canned products;

b)   dairy products, including milk, cheese, yogurt, butter, cream and milk alternatives;

c)   eggs and egg substitutes;

d)   fruits and vegetables, including fresh, frozen, dried or canned products without added sweeteners;

e)   grains and grain products, including flour, rice, pasta, cereals and tortillas;

f) cooking oils and fats;

g)   water products without added sweeteners or sugar substitutes;

h)   100 percent fruit or vegetable juice; and

i) any food item approved for purchase under the federal Women, Infants and Children food program.

6.   Defines noneligible foods as:

a)   sugar-sweetened beverages, including soda and energy drinks;

b)   candy and confectionery products;

c)   snack foods of minimal nutritional value as defined by the USDA; and

d)   prepared hot foods intended for immediate consumption.

7.   Contains a statement of legislative findings.

8.   Becomes effective on the general effective date.

Governor's Veto Message

The Governor indicates in her veto message that H.B. 2396 would deprive Arizonans receiving SNAP benefits of the dignity and economic freedom enjoyed by other grocery shoppers.

House Action                                                           Senate Action

HHS                1/26/26      DPA    7-5-0-0               HHS                1/28/26      DP          4-3-0

3rd Read          2/12/26                  34-25-1               3rd Read          2/11/26                     17-13-0

3rdRead*         2/16/26                  33-25-2               3rd Read           2/16/26                     17-12-1

*on reconsideration                                                 (S.B. 1368 was returned to the Senate where H.B. 2396 was substituted for S.B. 1368 on 3rd Read)

Vetoed by the Governor on 2/20/26

Prepared by Senate Research

March 10, 2026

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