CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

99

Introduced by Senator Strickland

February 17, 2026

An act to add Section 18919.5 to the Welfare and Institutions Code, relating to CalFresh.

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, 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 to maximize all available food choices for CalFresh recipients, as specified.

Existing law requires the State Department of Public Health to adopt regulations, on or before June 1, 2028, to define “ultraprocessed foods of concern” and, when defining the term, to consider specified factors, including, among others, whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences.

This bill, the SNAP to Thrive: Shop Nutritiously and Preventatively to Thrive Act, notwithstanding the requirement to maximize food choices, would require the State Department of Social Services on or before July 1, 2027, to seek a federal waiver from the United States Department of Agriculture to prohibit CalFresh recipients from using CalFresh benefits to purchase soft drinks, candy, and prepackaged desserts, as defined. If a food product is determined to be an ultraprocessed food of concern, as described above, the bill would require the State Department of Social Services to seek a federal waiver from the United States Department of Agriculture to prohibit CalFresh recipients from using CalFresh benefits to purchase that food product. Upon receipt of a waiver granted by the United States Department of Agriculture for purposes of prohibiting the purchase of soft drinks, candy, prepackaged desserts, or ultraprocessed foods of concern, the bill would require the State Department of Social Services to implement the prohibitions granted within 6 months.

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the SNAP to Thrive: Shop Nutritiously and Preventatively to Thrive Act.

SEC. 2.

Section 18919.5 is added to the Welfare and Institutions Code, to read:

18919.5.

(a) Notwithstanding Section 18919.1, on or before July 1, 2027, the State Department of Social Services shall seek a federal waiver from the United States Department of Agriculture to prohibit CalFresh recipients from using CalFresh benefits to purchase soft drinks, candy, and prepackaged desserts.

(b) Notwithstanding Section 18919.1, if a food product is determined to be an ultraprocessed food of concern, as defined in Section 104662 of the Health and Safety Code, pursuant to regulations adopted by the State Department of Public Health, the State Department of Social Services shall seek a federal waiver from the United States Department of Agriculture to prohibit CalFresh recipients from using CalFresh benefits to purchase that food product.

(c) Notwithstanding Section 18919.1 and upon receipt of a waiver granted by the United States Department of Agriculture for purposes of subdivision (a) or (b), the State Department of Social Services shall implement the prohibitions granted within six months.

(d) For purposes of this section, the following definitions apply:

(1) “Candy” means any solid, semisolid, or molded preparation of sugar, natural or artificial sweeteners, or chocolate, with or without added ingredients, including flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as a candy, chocolate bar, chewing gum, or similar confectionery. Candy includes, but is not limited to, all of the following:

(A) Chocolate bars, including products containing flour. This subparagraph includes Kit Kat bars, Twix bars, or similar items.

(B) Hard candies, gummies, caramels, taffy, or licorice.

(C) Mints or chewing gum.

(2) “Energy drink” means a carbonated or noncarbonated beverage containing a stimulant, including, but not limited to, fortified caffeine, guarana, glucuronolactone, or taurine. Energy drinks are specifically formulated to enhance energy, alertness, or physical performance. Ingredients of energy drinks may include either or both of the following:

(A) Herbal extracts, including ginseng, mineral salts and vitamins, or high doses of organic acids, amino acids, inositol, sugars, or other similar compounds in addition to sweeteners.

(B) Juices or natural fruit pulp or concentrates.

(3) “Prepared dessert” means a processed, shelf-stable, ready-to-eat, prepackaged sweet food intended for immediate consumption without any further preparation.

(4) (A) “Soda” means any carbonated nonalcoholic beverage that contains water, a sweetening agent, flavoring, and carbon dioxide gas to create carbonation.

(B) “Soda” includes a beverage with added caffeine.

(C) “Soda” does not include any of the following:

(i) Carbonated water that is plain or naturally flavored.

(ii) Any beverage that is greater than 50 percent vegetable or fruit juice by volume.

(iii) Any beverage that contains less than five grams of added sugar.

(5) (A) “Soft drink” means both of the following:

(i) Any nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, and flavored water, but excluding beverages that contain milk or milk substitutes, soy, rice, or similar dairy alternative ingredients, or that contains more than 50 percent, by volume, of fruit or vegetable juice.

(ii) Any product, regardless of its ingredients or labeling, that is marketed, labeled, or advertised as a soda, pop, cola, energy drink, or energy supplement.

(B) “Soft drink” includes, but is not limited to, carbonated sodas, noncarbonated sweetened beverages, sweetened bottled or canned teas and lemonades.

(C) “Soft drink” does not include any of the following:

(i) Coffee or unsweetened tea.

(ii) One-hundred percent fruit or vegetable juice.

(iii) Beverages containing more than 50 percent juice by volume.

(iv) Milk, milk substitutes, dairy-based drinks, or similar beverages.

(6) “Sweetening agent” includes, but is not limited to, sugar, high-fructose corn syrup, or artificial sweeteners.