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Colorado SNAP Soda Ban and Polis’ Executive Order Plans

In Colorado, a proposed ban on using the state’s largest food assistance program to purchase soft drinks is currently suspended due to a pending lawsuit against the federal government. However, Governor Jared Polis is working on an executive order aimed at limiting state purchases of sugary beverages.

Details of the Proposed Ban

The suggested amendment would halt the Supplemental Nutrition Assistance Program (SNAP), previously known as food stamps, from covering sweetened beverages unless they contain milk or at least 50% juice. Recipients would still have the option to use SNAP for items like chocolate milk, unsweetened seltzers, and certain juice drinks, but regular and diet sodas would be excluded.

The Ongoing Lawsuit

Recently, five individuals, including a Colorado resident, filed a lawsuit against the U.S. Department of Agriculture. The plaintiffs argue that the USDA failed to follow proper procedures before allowing 22 states to ban SNAP from covering soft drinks and, in some instances, candy.

They claim the USDA’s decision could negatively impact their health as they depend on sodas to manage low blood sugar or sustain energy levels throughout the day.

State Government Response

During a meeting with the state Board of Human Services, staff from the Colorado Department of Human Services indicated they would delay bringing the proposed change, referred to as the Colorado Healthy Choice waiver, to a final vote until the federal courts provide guidance.

In an interview, Polis stated that he is preparing an executive order designed to eliminate state spending on sugary drinks and alcohol, with plans to issue it in a few weeks. Discussions among state agencies are ongoing, recognizing that executive orders cannot involve increasing expenditures. The directive would not affect vending machine options available to state employees, he clarified.

At the conclusion of the state Board’s seven-hour meeting in March, Department of Human Services Executive Director Michelle Barnes announced—without prior authorization—that Polis was pursuing this executive order to enable the state to “lead by example.”

“We’ve been persuaded that this does feel like we’re only targeting low-income individuals,” said Barnes regarding the SNAP limits, as recorded in the meeting. “We shouldn’t be purchasing (sweetened drinks) either.”

Future Possibilities

Polis did not directly address whether he could mandate changes to SNAP if the board chose not to proceed. Implementing a ban on most sweetened beverages could allow Colorado to pursue other reforms, such as permitting SNAP to cover hot meals, which he noted would otherwise struggle for approval at the USDA.

“We are very optimistic that the board will approve the SNAP waiver,” he remarked.

Yet, the board has not exhibited much enthusiasm toward the waiver, with an unofficial poll during the March meeting showing four members opposed, three in favor, and two undecided. They chose to postpone an official vote and instructed state officials to develop a package of reforms that would not disproportionately affect low-income individuals.

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