JEFFERSON CITY — After a House committee failed to advance legislation seeking to ban soda and candy from a federal food assistance program, the idea seemed dead in Missouri.

Turns out, the plan may have support from Missouri’s governor.

Gov. Mike Kehoe was among governors who recently met with U.S. Agriculture Secretary Brooke Rollins to look at ways to “reform” the Supplemental Nutrition Assistance Program, Gabby Picard, Kehoe’s communications director, told the Post-Dispatch.

The goal, Picard said, is to “encourage Missouri families to use their benefits on healthier foods.”

Other governors have already taken action. Over half a dozen states have already submitted or announced a plan to submit a waiver to USDA asking to bar certain items like candy or soda. Some states, like Idaho, submitted a waiver after bills were passed in their legislatures; others, like Arkansas, used executive orders.

Picard wouldn’t say whether Kehoe would sidestep the Legislature to ask for a waiver from USDA.

During a recent House committee hearing, both Republican and Democratic lawmakers balked at the idea, arguing the restrictions would open a slippery slope to further government intrusion into what people eat. Others found the legislation to be overly broad or punitive. 

By contrast, lawmakers were more receptive at a Senate committee hearing where they heard testimony on a bill sponsored by Sen. Rick Brattin, a Harrisonville Republican.  

Brattin’s proposal is aimed at keeping Missouri SNAP recipients from buying products with “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.” It also would prohibit drinks with “natural or artificial sweeteners” except milk and some juices. The language is similar to language adopted by Idaho.

On Wednesday, a barrage of soda manufacturers, grocery lobbyists, and consumer advocates pressed the Senate Families, Seniors and Health committee to block Brattin’s legislation.

“You’re certainly sending a message to everyone that our (Coca-Cola) products are unhealthy and that just can’t be said generally,” said Sally Hargis, vice president/chairman of The Ozarks Coca-Cola/Dr Pepper Bottling Company.

“Restrictions will allow bureaucrats to decide what’s healthy and what’s not. It’s well-intentioned, but it’s massive elitism,” Hargis continued. 

Sen. Jill Carter, R-Granby, disagreed.

“Are we not (already) limiting their choices by limiting what beverages they can choose?” Carter asked. It’s already illegal to purchase alcohol and cigarettes with SNAP benefits.

“We’re saying you cannot force taxpayers to purchase this item for someone else when the taxpayer may have a real problem with their dollars going to purchase something that’s supposed to be nutritional, but it’s not,” Sen. Brad Hudson, R-Cape Fair, said.

Sen. Maggie Nurrenbern, D-Kansas City, offered the only real criticism of the proposal but said her objections “come down to definition.” Based on how “candy” is defined by the bill, granola bars could be prohibited, she said.  

“I share your (Brattin’s) concerns about making sure that our kids have access to nutritious but at the same time, I don’t want to put unnecessary burden where all of a sudden we’re cutting off a huge chunk of food,” Nurrenbern added. 

While there isn’t ample data on the spending habits of SNAP versus non-SNAP shoppers, a 2016 study from the USDA found that SNAP families only spend slightly more on soft drinks. SNAP participants spend a higher percentage of their budget on meat, poultry and seafood, according to the study.

Adding restrictions to the SNAP program would come with a cost. A fiscal analysis says it would cost about $30 million to update the state’s SNAP software to program the restrictions.

Restricting soda in SNAP has been attempted many times over the years, even at the law’s inception in 1964.

The U.S. House version of the Food Stamp Act, written by former U.S. Rep. Leonor K. Sullivan, a Democrat who represented St. Louis, barred “soft drinks.” The Senate Agriculture Committee stripped that provision out, arguing it would cause “insurmountable administrative problems" and disrupt “well-established food habits.”

In 2011, the Obama administration blocked New York City Mayor Michael Bloomberg’s attempt to bar food stamp recipients from buying sugary drinks.

By contrast, the current leadership of the USDA appears receptive to the idea. Rollins has spoken very favorably of the waivers submitted to this point, calling Arkansas’ announcement a “welcome one.”

Brattin’s legislation is Senate Bill 662.