SNAP Stocking Requirements

The Issue

Convenience stores provide essential access to nutrition for low-income Americans who live in rural or urban environments. Out of the more than 150,000 convenience stores in the United States, more than 118,000 participate in the Supplemental Nutrition Assistance Program (SNAP) – representing approximately 45% of all retail outlets authorized to accept SNAP benefits. Convenience stores are often the only establishments easily accessible by walking or public transportation, or the only food retail locations open for business with extended or 24-hour service.

In 2014, a comprehensive Farm Bill was passed and signed into law that imposed additional obligations on SNAP retailers, including increasing retailer stocking requirements from 3 staple foods to 7 staple foods in each of the four staple food groups. Subsequently, the U.S. Department of Agriculture’s Food and Nutrition Service (FNS), the agency that oversees SNAP, finalized a rule in December 2016, enacting the 2014 Farm Bill’s provisions. However since 2017, Congress has passed legislation delaying the increase in stocking requirements from going into effect until FNS expands how it defines different staple foods so that it would be workable for small format retailers.

In September 2025, FNS published a proposal to update the SNAP retailer stocking requirements (including how a different food is defined). NACS filed public comments on behalf of the industry cautioning that the proposal, as drafted, could reduce SNAP access by making compliance unworkable for many small-format stores, particularly due to how the rule treats the grains and dairy categories.

Retail Impact

Many financially challenged Americans rely on convenience stores to redeem their SNAP benefits, especially in areas where they do not have access to traditional grocery stores or because they shop during hours when larger format food stores may be closed. The local convenience store is often their only outlet to redeem this benefit.

To participate in SNAP, convenience stores must meet so-called “depth of stock” requirements that specify the amount and types of foods they must have available on their shelves for customers. The 2014 Farm Bill expanded these requirements. Subsequently, FNS finalized a rule in 2016 enacting the depth of stock provisions as well as additional provisions.

Under the 2016 Final Rule, to participate in SNAP, convenience stores must:

• Stock 7 varieties of foods in each of the 4 staple food categories: (1) protein, (2) grains, (3) vegetables or fruits, and (4) dairy
  • There must be at least 1 perishable food item in 3 of the categories.
  • Stores must have three units of each variety (84 total items) on shelves. 

Meeting the new requirements can be difficult for convenience stores and other small format retailers who face constraints on supply and delivery. On average, convenience stores get food deliveries 1-2 times a week, which can make stocking certain foods, particularly perishable foods, difficult. Convenience stores have limited space and storage. The average convenience store is approximately 3,600 square feet – over 11 times smaller than the average supermarket. This means that convenience stores have limited space in which to display and store products, particularly perishable products that must be refrigerated or frozen.

With the 2016 Final Rule blocked by Congress, the Department of Agriculture’s Food and Nutrition Service (FNS) has been working to write a new rule. In September 2025, FNS redefined what qualifies as “variety” in the staple food categories in ways that would make compliance more difficult for convenience retailers, particularly in the grains and dairy categories.

NACS Position

It is critical that Congress and the Trump Administration support policies that take into account the important role convenience stores have in SNAP. Convenience stores represent 45% of all retail outlets authorized to accept SNAP benefits. They are intensely local businesses that serve as a gathering place and source of community pride and offer an ever-growing range of products and services.

NACS supports the increase in stocking requirements from 3 to 7 staple foods in each category, and has long advocated for FNS to expand its definitions so that meeting that requirement is achievable. The agency’s 2025 proposed definition does not provide retailers with the necessary flexibility to meet their requirements in grains and dairy. NACS filed public comments on the proposal and will continue to work with policymakers to ensure the final rule provides the greatest possible flexibility for the program’s retail partner