AMENDED IN ASSEMBLY APRIL 9, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Assembly Member Patterson
February 18, 2026
An act to add Sections 18919.5 and 18930.2 to the Welfare and Institutions Code, relating to public social services.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the State Department of Social Services (department) to maximize all available food choices for CalFresh recipients, as specified.
This bill, notwithstanding the requirement to maximize food choices, would require the department to prohibit CalFresh recipients from using CalFresh benefits to purchase sweetened drinks or candy, as defined. defined, except at restaurants.
If the department determines that federal permission, as specified, is necessary, the bill would require the department to request federal permission and authorize the department to delay implementation until federal permission is granted.
Existing law requires the department to establish a food assistance program, known as the California Food Assistance Program (CFAP), to provide assistance to specified noncitizens of the United States who meet certain criteria. Existing law, to become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System (SAWS) has been updated to perform the necessary automation, and to the extent permissible under federal law, among other things, requires the delivery of CFAP nutrition benefits to be identical to the delivery of CalFresh benefits to eligible CalFresh households.
When the department prohibits CalFresh recipients from using CalFresh benefits to purchase sweetened drinks or candy as described above and to the extent permissible under federal law, this bill would also require the department to prohibit the purchase of those products with CFAP benefits.
The people of the State of California do enact as follows:
SECTION 1.
Section 18919.5 is added to the Welfare and Institutions Code, to read:
18919.5.
(a) Notwithstanding Section 18919.1, the State Department of Social Services shall prohibit CalFresh recipients from using CalFresh benefits to purchase sweetened drinks or candy. candy, except at restaurants.
(b) Notwithstanding Section 18919.1, if the State Department of Social Services determines that a waiver or authorization from the United States Department of Agriculture is necessary for implementation of this section, the State Department of Social Services shall request the waiver or authorization and may delay implementing this section until the waiver or authorization is granted.
(c) For purposes of this section, the following definitions apply:
(1) “Candy” is limited to candy that is ordinarily packaged and sold for consumption without further preparation.
(2) “Restaurant” includes, but is not limited to, an on-campus qualifying food facility, as defined in Section 66025.93 of the Education Code, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant. “Restaurant” does not include a restaurant specifically excluded, by federal law or guidance or state law or guidance, from participation in a program associated with CalFresh or the food assistance program described in Section 18930.
(3) “Sweetened drink” means a nonalcoholic beverage made with water that contains five grams or more of added sugar or any amount of artificial sweeteners. “Sweetened drink” does not include a beverage that contains any of the following:
(A) Milk or milk products.
(B) Soy, rice, or similar milk substitutes.
(C) More than 50 percent of vegetable or fruit juice by volume.
SEC. 2.
Section 18930.2 is added to the Welfare and Institutions Code, to read:
18930.2.
When the State Department of Social Services prohibits CalFresh recipients from using CalFresh benefits to purchase sweetened drinks or candy pursuant to Section 18919.5 and to the extent permissible under federal law, the department shall also prohibit the purchase of sweetened drinks or candy candy, except at restaurants, with benefits provided pursuant to the food assistance program described in Section 18930.