Buying candy and sugar-sweetened beverages with Supplemental Nutrition Assistance Program benefits was banned in some states beginning Thursday, and FMI—The Food Industry Association is calling for greater clarification and consistency nationwide.
On Dec. 30, the U.S. Department of Agriculture’s Food and Nutrition Service (FNS) approved 18 state agency requests to implement a SNAP food restriction waiver and said it is prepared to approve additional requests this year. Some states implemented the waiver Thursday, while others will do so in the spring and summer. The following states received approval: Idaho, Utah, Colorado, North Dakota, Nebraska, Oklahoma, Texas, Iowa, Missouri, Arkansas, Louisiana, Indiana, Tennessee, Florida, South Carolina, Virginia, West Virginia and Hawaii. Indiana, Iowa, Nebraska, Utah and West Virginia began enforcing the waiver on the first day of 2026.
“The success of these projects will hinge on the collaborative efforts of SNAP state agencies,” Patrick Penn, acting administrator of the USDA Food and Nutrition Service, said in a memo dated Dec. 30.
The FNS also told states it will allow a 90-day grace period to help retailers identify and address compliance issues before formal investigations begin.
Throughout the process, FMI has worked closely with the USDA and states to promote consistent waiver implementation across shopping channels and store formats, aiming to minimize confusion for customers and retailers. The waivers restrict more than 21,000 items and vary by state.
“We have asked states implementing waivers and USDA to review retailer-developed UPC-level lists of restricted products to validate that retailers using these comprehensive lists will be deemed compliant with the waiver,” FMI Chief Public Policy Officer Jennifer Hatcher said in a statement.
FMI is also seeking assurance that involuntary withdrawal of SNAP authorization following a second offense will apply only to retailers who knowingly and intentionally violate the restriction, not those who make accidental errors.
“Although USDA has outlined that states bear responsibility for communicating changes to SNAP participants, FMI urges states and USDA to develop model customer-facing materials that states and retailers can use to reduce customer confusion and minimize friction at checkout,” Hatcher said.
The National Association of Convenience Stores (NACS), Alexandria, Virginia, said it had some concerns on the timing of the guidance the FNS released Dec. 30.
“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.”
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