The South Dakota Department of Social Services said Monday that it submitted a request to the U.S. Department of Agriculture to bar the purchase of soft drinks with government food assistance, after a June court decision vacated similar bans in five states and caused some other states to delay implementing their bans.

A Supplemental Nutrition Assistance Program waiver from the federal government is necessary for states to limit the kinds of food or beverages that can be purchased using the benefits, which in South Dakota are loaded onto cards that function like debit cards. South Dakota’s Legislature and governor approved a law earlier this year requiring the state Department of Social Services to seek a waiver to ban soft drink purchases, and to submit the waiver application by this Tuesday. 

The new law defines a “soft drink” as “a nonalcoholic beverage that contains natural or artificial sweeteners,” with exemptions for milk or milk products; rice, soy or similar milk substitutes; and some juices.

Benefits are available to income-eligible families, and in South Dakota they can be used to purchase nearly any kind of food or beverage. Roughly 72,000 people, or 36,500 households, receive benefits in South Dakota, according to the department.

Opponents said during the legislative session that the bill would create administrative burdens for the state and retailers without producing the desired effects.

An estimate prepared by the Legislative Research Council said hiring the staff and paying for the software necessary to implement a ban would cost the state $310,000 in the first two years, and about a quarter-million dollars annually thereafter.