SNAP Restriction Waivers

The Issue

The Supplemental Nutrition Assistance Program (SNAP) is a critical lifeline for over 41 million Americans, providing food access to families during times of temporary hardship. A key strength of SNAP is its flexibility, allowing retailers to offer SNAP beneficiaries a wide range of foods based on their dietary needs, personal preferences, or cultural values. 

Twenty-two states have received approval from USDA to restrict what foods SNAP recipients can purchase with their benefits, banning items such as soda, energy drinks, and candy as part of the "Make America Healthy Again" agenda championed by Agriculture Secretary Brooke Rollins and HHS Secretary Robert F. Kennedy Jr. While intended to promote better health, such restrictions require the creation and maintenance of a government-mandated approved foods list that increases program costs for both USDA and SNAP retailers. There are more than 650,000 food and beverage products currently on the market today that now need to be evaluated as SNAP-eligible or not, and SNAP retailers have been forced to update their point-of-sale systems, shelf labels, and train their staff accordingly. More information on the approved waivers can be found on USDA’s website: https://www.fns.usda.gov/snap/waivers/foodrestriction.  

Retail Impact

The state-by-state patchwork of purchase restrictions creates serious operational challenges for SNAP-authorized retailers. Each state has defined its restricted products differently, and most have not provided retailers with a clear, usable list of which items are off-limits. Retailers are left to make product-by-product compliance determinations on their own and face losing their SNAP authorization after just two violations. For convenience stores, which represent approximately 45% of all SNAP-authorized retail outlets and often serve as the only accessible food retail option in rural and urban communities, this uncertainty is particularly of concern. A study co-led by NACS, the National Grocers Association, and FMI – The Food Industry Association estimates the upfront cost of compliance at $1.56 billion across the food retail sector, with convenience stores bearing the largest share.

NACS Position

NACS believes SNAP customers should be able to make their own food choices without federal government interference and that the retailers who serve them deserve clear, workable rules. Any movement toward purchase restrictions risks a slippery slope of an ever-expanding list of prohibited items, broadening government control over what hard-working Americans put in their grocery carts. 

NACS has urged USDA to delay implementation of any purchase restrictions, provide robust UPC-list guidance, and extend safe harbor protections to retailers making good-faith compliance efforts. NACS continues to monitor ongoing litigation challenging the waivers and will work to protect SNAP choice and the retailers who make it possible.