Arkansas plan to implement SNAP junk food restrictions ‘not feasible,’ lawmaker says

LITTLE ROCK (KATV) — Arkansas’ prohibition on the use of SNAP benefits for unhealthy food items like soda and candy takes effect next year, and state lawmakers and retailers are questioning how it can realistically be implemented.

At an Arkansas Legislative Council meeting Tuesday, State Sen. Jonathan Dismang, (R) District 18, expressed concerns about the lack of clarity from the state on what food items are banned.

“I have started getting concerns from retailers on how we’re going to implement the nutrition side of the program,” Dismang said.

There’s not a clear list of SNAP-prohibited junk food products Arkansas has named in its new ban, which only says that “soda, fruit and vegetable drinks with less than 50 percent natural juice, unhealthy drinks, and candy” are now ineligible for SNAP.

The Arkansas Department of Human Services has planned to put the burden of defining what is or isn’t eligible on retailers rather than creating its own list.

The plan was for retailers to refer to GS1 U.S. food product classifications as a guide, but very few retailers actually use that. The state has two other options.

“If they choose to use a third party to help take that GS1 framework and apply it to their own individual product array that they sell, that’s an option as well… the third option is take the broad definitions that we are providing through the GS1 framework and apply it in good faith to their own product array,” said Mary Franklin, director of the DHS Division of County Operations, at Tuesday’s ALC Peer meeting.

“Your three options are not workable options for retailers. That may be the easiest thing for DHS to do, but it is not feasible for every grocer or retailer in the state to maintain their own list,” Dismang responded, “we’re going to be asking our retailers to make those judgment calls at their own peril if they do it incorrectly.”

The senator expressed concern that it may discourage retailers from participating in SNAP, potentially costing recipients their access to benefits, particularly in rural areas.

“What I’m scared you’re going to do is create a scenario where entities, probably in areas that they need it the most, are not going to be able to offer SNAP because of the risk associated with not appropriately categorizing an item,” Dismang said.

“We want to make sure that the rules don’t unintentionally reduce access across communities that already face barriers,” Claire Tiffin, director of community engagement with the Arkansas Food Bank, told KATV.

Dismang has asked that DHS establish its own list of SNAP-ineligible food items that retailers can rely on.