South Carolina S 589: SNAP Lunches

Bill Text

2025-2026 Bill 589 Text of Previous Version (Apr. 22, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 589

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "MAKE SOUTH CAROLINA HEALTHY AGAIN ACT"; BY AMENDING SECTION 59-10-310, 
RELATING TO THE ESTABLISHMENT OF SCHOOL FOOD SERVICE MEALS AND COMPETITIVE 
FOODS, DISTRICT POLICIES, AND EXEMPTIONS, SO AS TO REQUIRE THE STATE BOARD OF 
EDUCATION'S SCHOOL FOOD SERVICE POLICY to INCLUDE A PROHIBITION ON PUBLIC 
SCHOOLs PROVIDING ULTRA-PROCESSED FOOD TO STUDENTS ON THE SCHOOL CAMPUS DURING 
THE NORMAL SCHOOL DAY; AND TO ADD ARTICLE 11 TO CHAPTER 5, TITLE 43, SO AS TO 
PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES SHALL SUBMIT A 
REQUEST FOR A FEDERAL WAIVER TO THE U.S. DEPARTMENT OF AGRICULTURE, FOOD AND 
NUTRITION SERVICE TO PROHIBIT THE USE OF SNAP BENEFITS FOR THE PURCHASE OF 
CANDY AND SOFT DRINKS; TO PROVIDE GUIDELINES FOR THE WAIVER; AND TO PROVIDE 
DEFINITIONS RELATING TO THE SNAP PROGRAM.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Make South Carolina Healthy Again Act".

SECTION 2. Section 59-10-310 of the S.C. Code is amended to read:

 Section 
59-10-310. (A) In an effort to 
promote optimal healthy eating patterns and academic success, the State Board 
of Education by policy shall establish requirements for all school food service 
meals and competitive foods provided in kindergarten through twelfth grade during 
the academic school year, which must meet or may exceed, the nutritional 
requirements established by the United States Department of Agriculture Food 
and Nutrition Service. The nutritional requirements must be continuously 
updated to reflect the current United States Department of Agriculture Food and 
Nutrition Service standards. A school district board of trustees may adopt a 
more restrictive policy. This policy does not restrict the food that a parent 
or guardian may provide for student consumption at school.

 (B) The State Board of Education's 
policy must prohibit the service or sale of ultra-processed food to students on 
the school campus during the normal school day. The board's policy may not 
prevent the parent or guardian of a student from providing ultra-processed food 
to the student during the normal school day.

 (C) As used in this section, 
"ultra-processed food" means a food or beverage that contains one or 
more of the following ingredients:

 (1) potassium bromate;

 (2) propylparaben;

 (3) titanium dioxide;

 (4) brominated vegetable oil;

 (5) yellow dye 5;

 (6) yellow dye 6;

 (7) blue dye 1;

 (8) blue dye 2;

 (9) green dye 3;

 (10) red dye 3; or

 (11) red dye 40.

 (B)(D) School fundraisers must be exempted from the 
requirements in this section; however, nothing in this section shall restrict 
or prohibit the department from establishing policy with regard to school 
fundraisers, as authorized by the United States Department of Agriculture.

SECTION 3. Chapter 5, Title 43 of the S.C. Code is amended by 
adding:

Article 11

South Carolina SNAP Nutrition Integrity

 Section 
43-5-1410. As used in this article:

 (1) 
"Candy" means a preparation of sugar, honey, or other natural or artificial 
sweeteners in combination with chocolate, fruit, nuts, or other ingredients or 
flavorings in the form of bars, drops, or pieces, that does not require 
refrigeration.

 (2) 
"Department" means the Department of Social Services.

 (3) 
"Soft drink" means a nonalcoholic beverage made with carbonated water and 
flavored and sweetened with sugar or artificial sweeteners but does not include 
a beverage that contains milk; milk products; soy, rice, or other milk 
substitutes; or more than fifty percent vegetable or fruit juice by volume.

 (4) 
"SNAP" means the federal Supplemental Nutrition Assistance Program, 7 U.S.C. 
Chapter 51.

 (5) 
"SNAP benefit" means any financial benefit, coupon, or privilege available 
under SNAP.

 (6) 
"USDA FNS" means the United States Department of Agriculture, Food and 
Nutrition Service.

 Section 
43-5-1420. (A) The South Carolina 
Department of Social Services shall submit a request for a federal waiver to 
the USDA FNS to authorize the department to prohibit the use of SNAP benefits 
for the purchase of candy and soft drinks.

 (B) 
The waiver request pursuant to subsection (A) must include:

 (1) 
justification for the waiver, including:

 (a) 
public health concerns related to excessive sugar consumption and diet-related 
diseases;

 (b) 
SNAP's statutory intent to promote food security and nutrition; and

 (c) 
cost savings to taxpayers by reducing Medicaid expenditures related to 
diet-induced conditions;

 (2) 
an implementation plan ensuring that existing point-of-sale syste