On September 25, 2025, the U.S. Department of Agriculture (USDA) proposed a rule that would significantly broaden the variety of foods that grocers and retailers must stock to be eligible for the Supplemental Nutrition Assistance Program (SNAP). Part of the Trump Administration’s Make America Healthy Again (MAHA) initiative, the proposal would also reclassify certain foods to simplify the SNAP application process for grocers and retailers. Retailers should consider filing comments by November 24, 2025 to ensure their feedback is incorporated in the final rule.
What Is SNAP?
Administered by the USDA’s Food and Nutrition Service (FNS), SNAP provides monthly benefits to eligible low-income individuals and households to purchase food at retail. Federally, SNAP applies to a wide variety of household foods, including snack foods and non-alcoholic beverages.
Recently, as part of the MAHA Commission’s efforts to increase access to nutritious foods, the USDA approved several “SNAP waivers” allowing states to exclude certain foods from eligibility. As a result, 13 states are gearing up to exclude certain foods from their SNAP programs.
These waivers have created state-to-state variability in which food categories qualify for SNAP, and in how certain foods are defined. For example, Florida’s SNAP waiver for “soda” applies only to carbonated beverages, while Idaho’s does not. Although the Department of Health and Human Services does not have authority over SNAP, Secretary Robert F. Kennedy, Jr. has encouraged additional states to apply for waivers, and the MAHA Commission’s recent strategy report pledged to “provide states with technical assistance” and in developing SNAP waivers – all in an effort to “reorient the program towards better nutrition.”
Proposed Changes to SNAP Stocking Requirements
To advance the Administration’s efforts to use SNAP to increase access to healthy foods, the USDA has now undertaken rulemaking to increase the variety of SNAP-eligible foods that retailers must stock and to streamline the program for retailers and regulatory officials. FNS said the proposed rule is intended to “protect the program, participants, and taxpayers by mitigating fraud, waste, and abuse and ensur[e] additional healthy food options for recipient families.” Specifically, the rule would:
- Require retailers to increase the number of in-stock varieties from three to seven staple food categories, totaling 28 foods.
- Establish two subgroups of staple food varieties: one for raw foods without added ingredients and one for multiple-ingredient foods. Foods would count as a single “variety” even if multiple types with varying ingredients are sold.
- Limit to three the number of plant-based dairy replacement products that count toward a retailer’s dairy category.
- Reclassify several high-protein plant products (e.g., nuts, beans, peas, and lentils) from the vegetable or fruit category to the protein category.
- Redefine the dairy and bread or cereals staple food categories to eliminate confusion over plant-based dairy alternatives and bread subdivisions.
- Add bars, jerky, and cheese or fruit dips or spreads to FNS’s “accessory food list,” excluding them from staple food eligibility.
- Align regulatory language with current guidance and FNS enforcement practices.
Next Steps for Industry
Food and beverage industry stakeholders should review the proposed rule, take stock of their current product offerings, and prepare for potential changes to the SNAP eligibility of their products. If impacts are expected, industry should consider submitting comments to FNS.
Our Food & Beverage Team, which provides both regulatory and litigation services to our clients, will continue to monitor the Administration’s implementation of SNAP and related MAHA initiatives.
If you have any questions, or would like additional information, please contact one of the attorneys on our Food & Beverage team.
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