(a) The Secretary of the Department of Human Services shall request a waiver from the United States Department of Agriculture to exclude candy and soft drinks from the definition of eligible foods under 7 C.F.R. § 271.2, as it existed on January 1, 2025.
(b) If a waiver requested under this section is granted, the secretary shall prohibit the purchase of candy and soft drinks with benefits provided through the Supplemental Nutrition Assistance Program.
(c) If the waiver requested under this section is not granted, the secretary shall request a waiver annually until the waiver to exclude candy and soft drinks from the definition of eligible foods is granted.