The U.S. Department of Agriculture’s Food and Nutrition Service (FNS) has recently published crucial guidance concerning the enforcement of SNAP food restriction waivers, which will take effect in several states starting January 1, 2026. This announcement, made on December 30, addresses how retailers will need to adapt to the new compliance requirements regarding the purchase of specific food items using SNAP (Supplemental Nutrition Assistance Program) benefits.
In total, 18 states have had their waiver requests approved, which will restrict the purchase of items such as candy and sugar-sweetened beverages with SNAP benefits. The newly issued guidance lays out a compliance and penalty framework that will be enforced across all SNAP-authorized retailers operating in these states.
According to the guidance, retailers will enjoy a 90-day grace period following the initiation of the waivers to adjust their systems and train employees on the new state-specific rules. However, after this grace period, the USDA’s Office of Retailer Operations and Compliance (ROC) will begin monitoring retailers for compliance. If a retailer is found to be non-compliant, they will receive a warning letter for the first offense. If a second violation occurs within 30 days, it may result in an involuntary withdrawal from the SNAP program.
Margaret Mannion, director of government relations at the National Association of Convenience Stores (NACS), expressed concern over the timing of the guidance, stating that it raises significant apprehensions for retailers who are striving to comply with the varied regulations in their respective states. Mannion emphasized that the stringent two-strike penalty system could lead to the exclusion of retailers from the SNAP program, ultimately reducing food access for SNAP customers within local communities.
The states affected by these approved waivers include Arkansas, Colorado, Florida, Hawaii, Idaho, Indiana, Iowa, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia. This guidance also permits state SNAP agencies to conduct monitoring for compliance, although the USDA will maintain the authority to impose penalties and enforce compliance measures.
NACS is actively working with the USDA to gain clarification on the enforcement measures and evaluate the potential consequences of these new guidelines on retailer participation in the SNAP program. The goal remains to ensure that food access continues to be available for all SNAP customers, while retailers navigate the challenges presented by these new regulations.