By Howard Fischer
Mail | X: @azcapmedia

In a veto message Tuesday, Gov. Katie Hobbs said she appreciates that the intent of House Bill 2165 is to “improve the health outcomes of Arizonans.”

But the governor said that’s not sufficient to have Arizona ask permission from the U.S. Department of Agriculture to let the state take sodas off the list of eligible purchases.

“This legislation unnecessarily deprives Supplemental Nutrition Assistance Program participants of their purchasing power and relegates them to a new underclass of grocery shoppers,” Hobbs wrote.

Instead, the governor, who said she once was a food stamp recipient, said lawmakers should focus their attention not on legally limiting what people can buy but instead on “more productive efforts to expand opportunities for participants to purchase fresh foods.”

The veto came despite Republican lawmakers bringing Robert F. Kennedy Jr., the new head of the federal Department of Health and Human Services, to Phoenix for a press conference a week ago to promote healthier eating.

That specifically included enacting a ban on certain artificial dyes and other chemicals from what can be served at public schools. That means not just school lunches but what is available in vending machines, though there is an exception for what can be sold at after-school events.

Hobbs signed that measure on Monday to do just that after it gained unanimous legislative support.

But the proposal by Rep. Leo Biasiucci to ban the use of food stamps to purchase sodas became a partisan affair, with Republicans in support and Democrats unified in their opposition.

No one made the argument that sodas have any nutritional value. In fact, that was one of the points raised by Biasiucci, who pointed out the program is about “nutritional assistance.”

Sen. Analise Ortiz said this is about more than sodas. The Phoenix Democrat said she believes this is the first step to the state regulating the diet of those who need food stamps — including many working poor — in the name of health.

She noted, for example, the original legislation would have banned the use of food stamps to purchase candies and sweets.

Biasiucci acknowledged the only reason he dropped that was there was no good — and legal — way to craft a definition that would allow recipients to buy protein bars, many of which have sugar and honey, from regular candy bars, which can contain healthy items like almonds.

“I think it’s safe that we can assume that HB 2165 is just one step in that there will be future bills that will attack other types of foods that people consume,” Ortiz said.

Biasiucci said what made this now-vetoed version of the measure acceptable is it didn’t require making such decisions, given the lack of any nutritional benefit from sodas, sugared or otherwise.

But Kennedy made no secret he believes that banning sodas could just be a first step.

“You have to start somewhere,” he said.

“Believe me, I would like to stop the entire processed food program,” Kennedy said. “But we’re not going to do that overnight.”

Anyway, he said about 10% of food stamp purchases are for sugary drinks, calling any effort to eliminate them from what’s allowable “the quickest and most obvious thing to do.”

While Tuesday’s veto kills Biasiucci’s legislation, it is likely not the end of the battle which now may move to the national stage.

Brooke Rollins, newly confirmed chief of USDA, said last month he wants to reform what items can be bought with food stamps. And she told reporters she will work with Kennedy to revamp the list.