DENVER -- Colorado lawmakers are poised to approve a tax on candy, but their definition of candy might surprise you.

Apparently, not all candy bars will be considered candy.

"Why will some be taxed and some won't? We're trying to make this as simple as possible," said Rep. Jack Pommer, D-Boulder County, who sponsored the bill to tax candy.

Pommer said there's a nationwide group trying to streamline sales tax across the country using uniform food definitions based on ingredients.

And they've decided flour will be the deciding factor.

So while a Hershey's bar or M&Ms qualify as candy, a Kit Kat or a Twix bars do not.

Try telling that to Jami and Erik Wilk.

"I believe it's too restrictive," Jami said of the tax.

Jami, Erik's mom, considers Twix and Kit Kats candy. So does Erik.

Confused? Be glad you're not a store owner or a clerk.

"The cashier, when he's going to work over here, he'll have to go to school to find out which one is candy and which is not candy," said Muhammad Tayseer, a convenience store manager.

The candy tax is causing quite a stir at the Capitol.

"Anything that has a wafer in it is not going to be taxed, but your Hershey's bar, your chocolate bars are going to be taxed," said Rep. Cory Gardner, R-Yuma. "The Easter Bunny is going to have a heck of time trying to figure this one out."

The new tax is also causing a stir among students, like Danny Wright, who buy a lot of candy.

"I think its ridiculous to put a tax on a candy bar," Wright said.

"I think it's crazy too," said Jody Brooks, a sophomore in high school. "The kids like their candy and stuff and when they go to the store to buy a 99 cent candy, it's not going to be 99 cents anymore. Now they're going to have to have some extra change."

Pommer said 46 states have signed the streamlined sales and use tax agreement and are using the same definition of candy.

He said as people in Colorado become more familiar with it, it won't seem so strange.

Sales tax would be collected on candy starting May 1, including candy sold in vending machines.