Ohio is delaying a new restriction that would have barred SNAP recipients from using their benefits to buy many sugary drinks beginning Oct. 1.
The delay came at the request of the U.S. Department of Agriculture (USDA), which now plans to seek public comment on the restriction. The reversal follows a federal judge’s ruling that the agency failed to provide required public notice before approving similar SNAP restrictions in five other states.
Ohio’s ban, which was approved in March, would have prevented SNAP recipients from using grocery benefits to buy beverages where the first ingredient is sugar, corn syrup or high-fructose corn syrup. It also excluded carbonated beverages with the second ingredient being sugar, corn syrup or high-fructose corn syrup.
That would have banned many full-sugar sodas, like Sprite and Coke, but allowed the sale of diet and sugar-free beverages under SNAP.
SNAP retailers across the state had already been asked to fill out forms attesting that they wouldn’t sell sugary beverages to people with EBT cards. It’s not clear how long the ban will be on hold.
The change in direction comes after the Trump administration encouraged states to request restrictions on SNAP sales for non-nutritious items like soda and candy. Twenty-two other states across the U.S. joined Ohio’s effort in requesting restrictions, which were in various stages of implementation.
But now, the USDA has asked Ohio to delay the change so it can issue a notice in the Federal Register, a government publication where new rules and regulations are typically shared. This allows the public to comment and give feedback. The federal government needs to assess these public comments about Ohio’s SNAP restrictions, according to a press release from Ohio’s Department of Job and Family Services.
The news comes following a June court decision about SNAP restrictions in other states. SNAP recipients in five states, not including Ohio, sued the USDA because it had approved food-restriction projects. A U.S. District Court judge in Washington, D.C., ruled against the agency, saying it failed to follow its own requirement to give public notice in the Federal Register before the rules take effect.
The judge’s ruling blocked the programs from going into effect in Colorado, Iowa, Nebraska, Tennessee and West Virginia.
It also seemed to give the federal government pause. In addition to Ohio, the USDA recently asked South Carolina and North Dakota to push back implementation of waivers that would ban SNAP participants from buying foods such as candy and soda.
A USDA spokesperson confirmed to Signal Cleveland in an email that the notice to Ohio was related to litigation but did not respond to a question about how long the delay would last.
