The Wisconsin Assembly passed a bill that will ban Supplemental Nutrition Assistance Program (SNAP) recipients from being able to buy soda and candy with their benefits and will provide funding and positions to the state Department of Health Services to help preempt the state from being penalized by the federal government. 

Lawmakers also approved a bill aimed at having the state turn SNAP data over to the Trump administration.

Gov. Tony Evers and lawmakers have been discussing providing additional funding and positions to the state Department of Health Services to ensure the state keeps its payment error rate low, to avoid costly federal penalties enacted as part of a huge national tax cut and spending bill.

A SNAP provision in the federal tax and spending law signed by President Donald Trump last year would penalize states for having a payment error rate above 6%. The Evers administration has estimated a penalty due to the error rate could cost the state up to $205 million. Evers recently urged lawmakers in his State of the State address on Tuesday to provide money to the state agency to keep the error rate low and avoid potential penalties.

Lawmakers attached the money and positions to AB 180 in an amendment. The bill passed 71-22 with 23 Democrats joining Republicans in favor of the bill. 

The amendment included about $69 million and 70 positions for the agency to help ensure quality control of SNAP — also known as FoodShare in Wisconsin — and keep the error rate low.

When it comes to the candy and soda ban provisions, the Wisconsin DHA would need to submit a waiver to the federal government for approval to make the change to the program. 

Under the leadership of U.S. Health and Human Services Secretary Robert F. Kennedy, the Trump administration has pushed for the ban across the country as a part of his “Make America Healthy Again” agenda. The U.S. Department of Agriculture has approved waivers for 18 states, including Idaho and Oklahoma, so far, and there are at least five states that are actively implementing the ban.

Rep. Ryan Clancy (D-Milwaukee) criticized the bill, saying it “has nothing to do with health,” mentioning he sees people drinking Diet Mountain Dew and other beverages in the Legislature’s chambers, and that the bill is merely “punishing people for poverty.” He also said it is “shameful” to use the candy and soda ban bill to move the money and positions forward. 

“I’m glad that with the amendment there are necessary dollars here that are coming to help our agencies provide dozens of staff members to push back on the onslaught from the Trump regime,” Clancy said. An amendment to the bill includes $3.5 million to help with development and administration of a food stamp platform that is meant to ensure grocery stores can follow the ban. 

Rep. Russell Goodwin (D-Milwaukee) said lawmakers shouldn’t be “policing check-out lanes” and that the bill will create a two-tiered system where poor families have their food choices restricted. 

Rep. Clint Moses (R-Menomonie) said that the bill would ensure that taxpayers are not paying the costs of people eating unhealthy foods. 

“The original intent… was to go down a path to start looking at what we’re feeding our children, what we’re feeding our families and what’s that doing to our families,” Moses said, adding that he has been interested in the issue long before the “Make America Healthy Again” movement. 

Moses said “the amount of money that we could lose from the federal government is astronomical” if the bill doesn’t become law.

Under the bill, candy is defined as “any solid, semi-solid, or molded preparation of sugar, sweeteners, whether natural or artificial, or chocolate, with or without added ingredients such as flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as candy, chocolate bar, chewing gum, or similar confectionery and includes chocolate bars, including chocolate bars containing flour, hard candies, gummies, caramels, taffy, licorice, mints, and chewing gum.” It does not include baked goods. 

Soda is defined as a “nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, or flavored water, or any product, regardless of its ingredients or labeling, that is marketed, labeled, or advertised as a soda, pop, cola, energy drink or energy supplement.” It does not include beverages that include milk or coffee or unsweetened tea.

A separate bill would require Wisconsin to compile and turn over data to the federal government on all Wisconsin FoodShare recipients since 2020 in accordance with a July letter from the federal Department of Agriculture. The Trump administration says it is seeking the data so it can investigate fraud and has threatened to cut off SNAP benefits to states that don’t comply. The Assembly passed the bill, AB 1027, in a 54-39 vote with Rep. Jodi Emerson (D-Eau Claire) joining Republicans in favor.

On behalf of Wisconsin, Attorney General Josh Kaul joined a lawsuit with 21 other states to block the order. A federal judge in California recently granted the request for a temporary restraining order.

Rep. Ryan Spaude (D-Ashwaubenon) accused his Republican colleagues of being “happy to take up the bidding of the Trump administration” with the passage of the bill. 

No Republicans spoke on the bill. 

Evers has expressed opposition to turning over the data, saying that Wisconsin’s system works. He told WISN 12 in December that the SNAP system is “analyzed every single year and we feel confident in it.” 

“We have people in the state of Wisconsin that need help making sure they’re having nutritious meals. We feel the program right now is working just fine,” he said. 

Both bills need to pass the Senate before they go to Evers.

Advocates are urging state lawmakers to help Wisconsin absorb new administrative costs as a result of federal changes to the nation’s primary food assistance program.

Changes made to Supplemental Nutrition Aid Program (SNAP) benefits in the mega bill signed by President Donald Trump last year will add $69.2 million to the cost of Wisconsin’s FoodShare program in the current two-year budget, according to the Wisconsin Department of Health Services. The agency administers the FoodShare program.

The federal mega bill, which Trump signed on July 4, cut taxes along with spending on some federal programs, including SNAP.

A letter from 165 participating groups asks legislators “to take immediate action to provide funding for these changes. Additional delays in providing this funding will put Wisconsin taxpayers at risk of paying for increased costs and will negatively impact communities, businesses, and SNAP recipients across Wisconsin.”

The coalition of social service, food industry and advocacy organizations held a press conference Wednesday to call for the added state support.

“At an average of $6 per person per day, SNAP supports nearly 700,000 Wisconsinites, and also supports local economies with each dollar in SNAP benefits, generating between $1.50 and $1.80 in economic activity,” said Jackie Anderson, executive director of Feeding Wisconsin.

The press conference coincided with a lobbying day for the Wisconsin Cheesemakers Association, one of the coalition members

“FoodShare brings more than a billion dollars of spending power into our state every year, and a large share of that is returned to Wisconsin producers, and in particular, dairy producers, that flows not only through grocery stores, but back through cheese plants and into dairy farms like the one my family owns,” said Andy Hatch, the owner of Uplands Cheese in Dodgeville and the cheesemakers’ association’s policy chair.

“This is a bipartisan issue” — one that the association’s members, Republicans and Democrats alike, “have all agreed on,” Hatch added. “Our core mission is to feed people and to support our communities, rural and urban, and is why we’ve come together with people across the state to ask our lawmakers to fund the requested $69 million and make sure that there is not a disruption to FoodShare.”

The request includes funding to add administrative staff to avoid errors in the state’s operation of the program. Among the changes to SNAP is a penalty that would require states to pick up some of the benefit costs if their errors exceed 6%. State officials have said that could cost Wisconsin up to $205 million.

The $69 million that the state has estimated it will require to implement those changes was not included in the 2025-27 state budget. Gov. Tony Evers’s office said he had told lawmakers about the need last August, and Evers highlighted the coalition’s call in a statement Thursday.

“Because of President Trump’s so-called ‘Big Beautiful Bill,’ Wisconsin taxpayers will already be on the hook for over a quarter of a billion dollars in new costs in future budgets,” Evers said.

“And if we don’t get the resources we’ve been asking for in order to keep our FoodShare error rate low, Wisconsinites could have to pay hundreds of millions even more in penalty fees each year,” he added. “That just cannot happen—it will cripple future state budgets. This funding is critical, and the Legislature must get this done.” 

The request includes $16.1 million to add staff in order to ensure that FoodShare is administered accurately. The new federal law requires states with SNAP error rates exceeding 6% to cover from 5% to 15% of the benefit costs starting in October 2027.

Wisconsin’s error rate in 2024 was 4.47%, the state health department said in a news release in August. The error rate flags instances when recipients get too much or too little SNAP aid or the state makes other mistakes in the program.

“However, rates naturally fluctuate, and even more so when the federal government changes program policies and standards with virtually no notice and is inconsistent with its definition of an error,” the health department release stated.

If the error rate rises and requires Wisconsin to start paying some of the benefit costs, that could cost the state up to $205 million a year, according to the Wisconsin DHS.

To hold down the state’s “historically low error rate while implementing the other provisions” in the federal law and to maintain quality control in administering FoodShare, the state and Wisconsin counties combined will need to add 56 employees, according to the health department.

The new federal law also increases the state’s share of administrative costs for SNAP from 50% to 75%, starting Oct. 1, 2026. That will cost the state an additional $32.4 million.

In addition, the law expanded work requirements for people who receive SNAP, which the Wisconsin DHS estimates would affect about 43,700 Wisconsin FoodShare recipients.

The new requirements affect anyone ages 18 to 64 without a child under 14 at home, including parents with children ages 14 to 17, who were previously exempt from work requirements. Previously work requirements applied to adults age 54 or younger without any children under 18 at home.

The state has estimated it would need an additional $20.7 million to increase participation in the FoodShare employment and training program for recipients who have work requirements and aren’t working already.

Reno Wright, public policy and advocacy director at the Hunger Task Force in Milwaukee, said more than 40% of FoodShare recipients are children, with about one in four Wisconsin children living in a household that uses FoodShare sometime during the year.

“Research shows that SNAP reduces child poverty by nearly 30% and is linked to long-term health and educational outcomes, but those outcomes depend on a system that functions efficiently,” Wright said. The funding sought for the program “ensures that the department has the staffing and the infrastructure needed to prevent delays and disruptions as new federal requirements take effect.”

There is not a stand-alone bill in the Legislature currently for the additional funding, but advocates hope an amendment could be added to another piece of  legislation that would fund SNAP.

A bill in the Assembly seeks to order the Evers administration to follow a White House demand and turn over data on all Wisconsin food aid recipients since 2020 — despite a lawsuit that has put the federal demand on hold.

AB 1027 would give the administration six months to compile and share with the U.S. Department of Agriculture “all data” that USDA demanded in a letter to the states this past summer on applicants and recipients of benefits through the Supplemental Nutrition Aid Program (SNAP).

SNAP funds the state’s FoodShare program.  The letter threatened to cut off SNAP benefits to states that didn’t comply with USDA’s data demand.

Wisconsin is one of 21 states along with the District of Columbia that have sued to block the demand, and a federal judge in California granted the request for a temporary restraining order in their favor. The case remains in litigation.

On Wednesday, the nine Assembly health committee Republicans who were present voted to advance the bill after holding a public hearing with just two witnesses. All five Democrats voted against the measure.

In the hearing, Rep. Nate Gustafson (R-Omro), the bill’s author, said it doesn’t change who is eligible for FoodShare.

“It is focused solely on compliance with the existing federal requirements, so that funding continues without disruption, and Wisconsin citizens can keep receiving the benefits that they have been promised,” Gustafson said.

Rep. Lisa Subeck (D-Madison) asked Gustafson exactly what information was being demanded from the state.

“I’m trying to figure out the motivation for wanting this data, and without a clear picture of what this includes, it certainly concerns me,” Subeck said. “Given what’s happening in the federal government right now, this raises a number of red flags.”

Gustafson said he had not spoken with the Department of Health Services, which administers the FoodShare program, but that in his view, “what this bill is trying to say is, why, we don’t have anything to hide, so let’s just comply.”

Subeck rejected the claim that the bill would help uncover fraud in the FoodShare program.

“I believe that we should absolutely root out any fraud that is in any of our programs,” she said. “I do not believe this bill does anything to address fraud.”

The only other hearing testimony was from Mike Semmann, president and CEO of the Wisconsin Grocers Association, which opposed the legislation. Wisconsin grocers have many customers who use FoodShare in order to meet their needs, Semmann told the committee.

“Many times Wisconsin’s retailers are on the front line, and they’re going to be the ones who are going to be asked the questions about the program and about the concept of what’s going on with their information,” Semmann said. “And we just think that due to everything that is going on with both the potential pending litigation, but other additional questions, that right now to pass a piece of legislation at this time is just a little bit premature.”