The Nevada agency responsible for administering food stamps is planning to ask the federal government to prohibit recipients from using benefit dollars toward sugary and energy drinks and certain candies.

During a legislative meeting Tuesday, officials with the Division of Social Services confirmed that they are planning on requesting a waiver that would go into effect in 2028. They said the state is also planning to ask the U.S. Department of Agriculture (USDA) to allow food stamp recipients to buy additional hot foods, such as rotisserie chickens.

The requests come as states are facing significant changes to the food stamps program, officially referred to as the Supplemental Nutrition Assistance Program (SNAP), which helps low-income individuals offset food costs. 

The One Big Beautiful Bill Act, signed by President Donald Trump last year, requires Nevada to cover more administrative costs and might lead the state to foot the bill of certain benefit costs. The eligibility of tens of thousands of Nevadans is also in doubt because of new SNAP work requirements.

At Tuesday’s meeting of the state’s Interim Committee on Health and Human Services, state officials said they are working on the two waiver requests, but nothing has been finalized. 

Robert Thompson, the administrator of the agency overseeing SNAP, told lawmakers the state has eyed a waiver to prohibit using benefit dollars for sugary drinks since Gov. Steve Sisolak’s administration. Recently, however, the state has also discussed prohibiting energy drinks and candies that are 100 percent sugar, such as gummy bears.

In 2025, the USDA approved similar waivers from 18 other states. Almost all of these states have Republican governors.

All of these waivers are set to take effect in 2026, but Nevada is asking for its waiver to wait until 2028, said Kelly Cantrelle, deputy administrator for the Division of Social Services. State officials have been meeting with retailers to discuss the proposals, and the state would need funding to roll out the changes.

“This is not an easy lift,” she said. “We know that it’s going to take time.”

During Tuesday’s meeting, Sen. Fabian Doñate (D-Las Vegas) criticized the lack of legislative input on the waiver.

“The question is not whether we should restrict certain foods,” he said. “I think the greater question is … the executive branch taking action … without legislative input in terms of restricting public benefits.”

Senate Minority Leader Robin Titus (R-Wellington), who is a physician, said she was “excited” about the efforts.

“It’s not unheard of that we’re actually trying to get people to buy into healthy lifestyles,” she said.