The U.S. Department of Agriculture Food and Nutrition Service (FNS) released long-awaited guidance on December 30 detailing how it will enforce SNAP food restriction waivers, with several taking effect as early as January 1.
USDA has approved waiver requests in 18 states to prohibit purchasing foods such as candy and sugar-sweetened beverages with SNAP benefits. The guidance outlines a federal compliance and penalty framework that will apply to all SNAP-authorized retailers in states with approved waivers.
Under the guidance, SNAP retailers are subject to a 90-day grace period following the waiver’s implementation date. Following the grace period, USDA’s Office of Retailer Operations and Compliance (ROC) will begin incorporating attempts to purchase restricted items into its compliance investigations. If a retailer is found out of compliance, USDA will issue a warning letter for the first offense. After a 30-day period, a second finding of non-compliance could result in an involuntary withdrawal from SNAP.
“Releasing complex enforcement guidance just days before multiple waivers take effect raises real concerns for SNAP retailers who are still working to update their systems and train their employees on differing state rules,” said Margaret Mannion, director of government relations at NACS. “This strict, two-strike penalty framework creates a real risk of driving retailers out of the program, which ultimately will limit food access for SNAP customers in the communities our industry serves.”
Mannion discussed the state waivers in the November 2025 NACS Convenience Matters podcast, “How SNAP Food Restriction Waivers Will Affect Retailers.” The states with approved waivers are Arkansas, Colorado, Florida, Hawaii, Idaho, Indiana, Iowa, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia and West Virginia.
The guidance also allows state SNAP agencies to conduct their own compliance monitoring, though USDA retains the sole authority to impose penalties. States will be required to share evidence of non-compliance with USDA for federal enforcement action.
NACS is continuing to engage with USDA to clarify additional enforcement details and assess the guidance’s impact on SNAP retailer participation.