Rule2026-09137
Updated Staple Food Stocking Standards for Retailers in the Supplemental Nutrition Assistance Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 8, 2026
Effective
July 7, 2026
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This rule codifies a new framework for determining distinct staple food varieties for meeting staple food stocking requirements for retailer participation in the Supplemental Nutrition Assistance Program (SNAP). This rule is needed to implement the previously codified provision of the Agricultural Act of 2014 which increased the minimum number of staple food varieties a SNAP retailer must carry from three to seven in each of four staple food categories and the number of food categories for which at least one perishable variety must be provided from two to three. These changes aim to ensure that SNAP retailers can effectively serve SNAP participants by offering a wider variety of staple foods.
Full Text
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Rules and Regulations]
[Pages 25082-25092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09137]
[[Page 25082]]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 271 and 278
[Docket ID FNS-2025-0018]
RIN 0584-AF12
Updated Staple Food Stocking Standards for Retailers in the
Supplemental Nutrition Assistance Program
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Final rule.
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SUMMARY: This rule codifies a new framework for determining distinct
staple food varieties for meeting staple food stocking requirements for
retailer participation in the Supplemental Nutrition Assistance Program
(SNAP). This rule is needed to implement the previously codified
provision of the Agricultural Act of 2014 which increased the minimum
number of staple food varieties a SNAP retailer must carry from three
to seven in each of four staple food categories and the number of food
categories for which at least one perishable variety must be provided
from two to three. These changes aim to ensure that SNAP retailers can
effectively serve SNAP participants by offering a wider variety of
staple foods.
DATES: Effective date: This rule is effective July 7, 2026.
Implementation date: SNAP retailers must implement the provisions
of this rule no later than November 4, 2026 See the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Patrick Penn, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314,
<a href="/cdn-cgi/l/email-protection#81f1e0f5f3e8e2eaaff1e4efefc1f4f2e5e0afe6eef7"><span class="__cf_email__" data-cfemail="e19180959388828acf91848f8fa194928580cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Abbreviations
2014 Farm Bill The Agricultural Act of 2014
CFR Code of Federal Regulations
FNS Food and Nutrition Service
SBREFA Small Business Regulatory Enforcement Fairness Act
SNAP Supplemental Nutrition Assistance Program
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
USDA, the Department United States Department of Agriculture
Executive Summary
Purpose of the Regulatory Action
This rule finalizes the provisions of a proposed rule published on
September 25, 2025 (90 FR 46081). With this final rule, the Department
is amending 7 CFR 278.1 to codify a framework for determining distinct
staple food varieties needed to meet retailer stocking requirements for
SNAP participation. The updated framework emphasizes simplicity and
consistency for retailer implementation as well as the importance of
access to whole, real nutrient-dense foods for SNAP participants.
Upon the implementation date of this final rule, all of the
provisions of the 2014 Farm Bill that increased the number of
varieties, including perishable varieties that retailers must carry to
become authorized to accept SNAP benefits, must be implemented and will
be enforced. These provisions were first codified by the final rule,
Enhancing Retailer Standards in the Supplemental Nutrition Assistance
Program (SNAP) (81 FR 90675), published on December 15, 2016 (herein
after referred to as the 2016 Final rule), though certain provisions of
this rule have not been enforced due to annual appropriations language
blocking implementation.
Additionally, this final rule updates and reorganizes definitions
at 7 CFR 271 for greater clarity and to avoid redundancies and possible
inconsistencies.
Summary of Changes From Proposed Rule
The final rule incorporates the following substantive changes to
the proposed provisions:
* The descriptions of group 1 and group 2 distinct varieties will
be revised for clarification, and some food products will be moved from
group 2 to group 1 to align with those descriptions.
* A new group 3 will be created for distinct shelf-stable varieties
and applicable varieties will move to this group from group 2. This new
grouping is solely for clearer organizational purposes and does not
involve the creation of new distinct varieties.
* The following distinct varieties will be moved from group 2 to
group 1 as single-ingredient staple food varieties that are distinct
from multi-ingredient products with the same main ingredient:
[cir] Shell eggs;
[cir] Perishable meat, poultry, or fish; and
[cir] Perishable liquid milk.
* Liquid milk will not be divided into distinct varieties by
mammal;
* The following new distinct varieties will be added to group 2 as
staple food varieties distinct from any other multi-ingredient products
with same main ingredient:
[cir] Whole grain bread;
[cir] Whole grain pasta/noodles;
[cir] Shredded cheese; and
[cir] Sour cream.
* Breakfast cereals will be its own distinct variety and other
breakfast foods will be classified as multi-ingredient foods based on
their main ingredient.
* Butter and all jerky will be classified as accessory foods.
Background
The 2014 Farm Bill amended the Food and Nutrition Act to increase
the number of staple food varieties that certain SNAP authorized retail
food stores must have available on a continuous basis in each of four
staple food categories. The staple food breadth of stock standards
increased from requiring a minimum of three (3) varieties to seven (7)
varieties in each of the four (4) staple food categories and raised the
number of varieties that must be perishable from one (1) variety in
each of two (2) different staple food categories to one (1) variety in
each of three (3) different staple food categories. Although these
increased standards were codified in the 2016 final rule, section 765
of the Consolidated Appropriations Act of 2017 and provisions in
subsequent appropriations acts have prohibited the Department from
implementing, administering, or enforcing the retailer ``Breadth of
Stock'' and ``Variety'' provisions of the 2016 final rule until the
Department makes regulatory modifications to the definition of
``variety'' that would increase the number of food items that count as
acceptable staple food varieties for purposes of SNAP retailer
eligibility. This final rule will satisfy the conditions of the
appropriations language and allow the SNAP retailer staple food breadth
of stock standards in the 2014 Farm Bill to go into effect.
Specially Designated Varieties (Groups 1-3)
Many commenters expressed confusion about the differences between
the proposed groups 1 and 2 in the regulatory text. Some commenters
also incorrectly believed that multi-ingredient foods that were not
specifically identified in the proposed regulatory text, such as canned
soup, would not count as staple foods at all. To better define the
differences between the groups in the regulatory text, the final rule
breaks up and reorganizes the
[[Page 25083]]
proposed subparagraph 7 CFR 278.1(b)(1)(ii)(C) into further
subparagraphs and revises descriptive language. As a result, the final
regulatory text now separates the default definition for determining
distinct varieties from specially designated varieties listed under 7
CFR 278.1(b)(1)(ii)(D). Additionally, the final regulatory text
includes a third group specifically for specially designated shelf-
stable varieties and addresses plant-based alternatives under a
separate subparagraph at 7 CFR 278.1(b)(ii)(E). Specific policy changes
are discussed further below under section IV. Summary of Comments and
Explanation of Revisions.
Default Definition of ``Variety''
For all foods not specifically identified as specially designated
varieties under 7 CFR 278.1(b)(ii)(D), the definition of a distinct
variety at 7 CFR 278.1(b)(1)(ii)(C) in the final rule applies,
including the definition for determining the variety of multi-
ingredient products. For example, because there are no specially
designated varieties identified for the fruit and vegetable staple food
category, the default definition will apply to all fruits and
vegetables. This means, for example, that fresh tomatoes, 100% tomato
juice, a can of diced tomatoes, and a jar of pasta sauce with tomatoes
as the main ingredient all count as one ``tomato'' variety.
Group 1 (Single-Ingredient Varieties)
The purpose of group 1 under 7 CFR 278.1(b)(1)(ii)(D)(1), Single-
ingredient varieties, is to identify specific single-ingredient foods
that count as separate varieties from multi-ingredient food with the
same main ingredient. The Department is defining single-ingredient
foods as foods that contain no other ingredients, or in which the only
other ingredients are fortifying vitamins. The following items that
were proposed as distinct varieties under group 2 have been moved to
group 1 in the final rule to more accurately reflect the Department's
intention to count these items as separate varieties from multi-
ingredient products when they do not have any other ingredients: eggs;
perishable meat, poultry, or fish; and perishable liquid milk. This
reorganization effectively means that several new varieties within
group 1 have been created. For example, seasoned chicken breast is now
a distinct variety from plain chicken breast because seasoned items are
multi-ingredient products. Similarly, flavored or sweetened milk is now
a distinct variety from non-flavored or non-sweetened milk. The
Department has decided to make this change in the final rule for the
sake of simplicity and consistency.
Group 2 (Derivative Food Product Varieties)
In contrast to group 1, the purpose of group 2 under 7 CFR
278.1(b)(1)(ii)(D)(2), Derivative food product varieties, is to
identify specific multi-ingredient food products that count as separate
varieties from not only the single-ingredient items in group 1, but
also from any other multi-ingredient products. No products that were
identified in the proposed rule were moved into group 2. However,
because cream is generally a perishable base ingredient that often
contains other ingredients, such as milk, sodium, and/or stabilizers,
it does not conform with the purposes of any of the groups. As a
result, the Department is removing cream from group 2. Instead, cream
will be classified as a separate variety from milk based on its main
ingredient according to the default definition of variety. This change
is solely for consistent organizational purposes and does not result in
a substantive policy change from the proposed rule.
Group 3 (Shelf-Stable Varieties)
Group 3 was created in the final rule under 7 CFR
278.1(b)(1)(ii)(D)(3), Shelf-stable varieties, to more clearly account
for distinct shelf-stable varieties that may or may not be multi-
ingredient products and, therefore, did not neatly fit in either group
1 or 2. For example, without this separate group, FNS would either need
to look at the ingredients list for individual canned products to
ensure they did not have any other ingredients under group 1, which is
not operationally feasible, or count items, such as raw ground pork, as
the same variety as potted meat with pork as the main ingredient, which
was not the intent. The creation of group 3 does not result in any
substantive policy changes from the proposed rule.
Summary of Comments and Explanation of Revisions
The Department received 231 comments on the proposed rule,
including 65 copies associated with two different form letter
campaigns, 112 other substantive comments, 50 other unique comments,
one duplicate, and three non-germane submissions.
Overall, commenters expressed support for the proposed rule's
stated goals of improving nutrition and expanding healthy choices for
SNAP participants while improving regulatory clarity for participating
retailers. Commentors specifically noted that the proposed changes have
great potential to improve health by encouraging retailers to offer
more whole foods rather than processed foods and to stock a wider range
of fruits, vegetables, grains, dairy, and proteins, including plant-
based and more culturally relevant foods. They also noted that the
changes modernize and clarify staple food definitions, strengthen
stocking standards, and align the regulatory expectations with
Congressional intent to close loopholes that diminish program integrity
by allowing retailers to meet minimum requirements by stocking low-
nutrition items.
Several comments urged the Department to go even further by
stipulating ``healthy'' standards for staple foods. For example,
commenters suggested not counting foods that are high in added sugar,
sodium, or saturated fat as staple foods, or requiring that retailers
stock a certain percentage of ``healthy'' staple foods as a condition
of SNAP authorization. Several commenters also suggested making
accessory foods ineligible for purchase with SNAP benefits. Another
commenter recommended the Department prohibit SNAP retailers from
advertising certain unhealthy products in their stores, such as alcohol
and sugary drinks. While the Department appreciates receiving these
comments, such changes are outside of the scope of this rulemaking,
which is to satisfy the conditions of the appropriations language to
provide retailers with additional distinct varieties to better help
them meet the increased breadth of stock retailer standards of the 2014
Farm Bill.
The main areas in which commenters expressed opposition were
related to the inability of small-format retailers to meet the
increased standards in the dairy and grains staple food categories,
which they believed would lead to reduced SNAP household access to
authorized stores and the creation of food deserts. Multiple commenters
also emphasized the need for technical assistance to help smaller and
rural retailers meet the new stocking requirements.
The Department has reviewed and considered all comments received. A
discussion of the substantive concerns expressed by commenters and any
related changes to the proposed provisions follows.
Role of Small-Format Retailers
The Department received multiple comments about the importance of
convenience stores, indicating that they offer convenient locations and
hours,
[[Page 25084]]
providing shoppers with options for fill-in shopping. Moreover, for
people with limited mobility, rural communities, or Tribal communities,
one nearby convenience store may be the only access point for buying
food. The Department appreciates these comments and understands that
the Congressionally mandated increase in the number of staple food
varieties SNAP retailers must carry may render some currently
authorized stores ineligible for continued SNAP participation or
prevent other stores from becoming SNAP authorized. While one of the
primary goals of the increased stocking standards is to make a greater
variety of nutritious foods available to SNAP households, another
related goal is to ensure all authorized retailers further the purpose
of the program to raise the levels of nutrition among low-income
households in order to better protect the overall integrity of the
program. In Federal fiscal year 2024, 93 percent of all SNAP retailer
sanctions FNS imposed were for violations at small format stores like
convenience stores, small grocery stores, and stores whose primary
business is not food sales. Convenience stores, specifically, accounted
for nearly half (44 percent) of all SNAP retailers and 76 percent of
all SNAP sanctions, but only five percent of SNAP redemptions. Such
data indicates convenience stores, in general, represent a significant
integrity risk and, at the same time, do not provide significant points
of access for SNAP households to use their benefits. For small format
stores that do provide significant points of access, offering more
staple food varieties may help increase their SNAP customer business.
Additionally, it was Congress' intent to make the stocking standards
more rigorous so that unscrupulous retailers are not able to gain entry
into SNAP for the sole purpose of defrauding the program (H.R. Rep No.
113-333, 2014). In a December 2018 report, SNAP: Actions Needed to
Better Measure and Address Retailer Trafficking, the General
Accountability Office (GAO) reiterated its 2006 finding that the
minimal requirements for the amount of food that retailers must stock
could allow retailers more likely to traffic SNAP benefits (i.e.,
illegally exchanging SNAP benefits for cash or consideration other than
eligible food) into the program.
With all these factors in mind, the Department believes that the
final rule balances expanding nutritional choices for SNAP households
and making compliance with the increased standards achievable for small
retailers that are reputable and effective representatives of the
program.
The Department also notes that the ability to make SNAP purchases
online for food delivery provides many SNAP households in areas without
convenient access to brick-and-mortar grocery stores alternative
options for meeting their grocery needs. Further, given the limited
retail food store options in low food access areas, the Department
believes it is even more important that SNAP-authorized retailers in
such areas carry a wide variety of staple foods rather than expecting
SNAP households to rely on stores whose primary food sales business is
accessory foods.
New Dairy Varieties
Approximately 100 commenters expressed concern that the Department
did not provide sufficient flexibility in the dairy staple food
category and recommended that the dairy products in group 2 be sub-
divided into additional distinct varieties. Multiple advocacy groups,
SNAP retailers, and trade associations expressed concern that small
retailers, in particular, would not be able to comply with the proposed
dairy stocking requirements, noting that refrigerated space is limited
for perishable products. They stated that stocking additional products,
which are mostly perishable, would lead to waste and higher operating
costs. One commenter also indicated that they cannot reliably source
milk from non-cow mammals, which have limited demand in convenience
retail. Several commenters recommended the Department count full fat
and reduced fat milk products as distinct varieties for milk, yogurt,
and cheese. Some also asked for different types of cheese to count as
distinct varieties, including counting spreadable cheese, soft cheese,
and hard cheese as separate varieties. One industry group expressed the
importance of providing SNAP households the ability to obtain dairy
products in a form that meets their preference for taste, nutritional
value, and convenience, indicating that cheese comes in variety of
forms, including blocks, shreds, and shapes. Several industry groups
and a food manufacturer also recommended that the Department count
flavored milk or flavored dairy products as separate varieties. These
commenters cited studies demonstrating that consuming flavored milk has
similar health benefits to consuming unflavored milk.
While the proposed rule added several other dairy varieties that
are not counted under current agency policy, the Department
acknowledges that stocking a sufficient number of varieties in the
dairy category represents the biggest challenge for small retailers.
Therefore, the Department is adding shredded cheese, including grated,
shaved, and crumbled cheese, as a separate variety from non-shredded
cheese, and sour cream as a separate variety from any other product
with cream as the main ingredient under group 2. While the Department
understands that under this construct, shredded cheese may be the same
kind of cheese as a separate non-shredded variety, the Department has
chosen shredded cheese as a separate variety, as well as sour cream, to
address small format retailer concerns with meeting the dairy stocking
requirement in a way that aligns with common consumer purchasing habits
while still ensuring that the varieties are easy to assess when
determining retailer eligibility. The Department has chosen not to
distinguish any dairy products by fat content because doing so would
not further the objective of requiring SNAP retailers to stock not only
a sufficient number of staples foods, but also a sufficient variety of
staple foods. For example, allowing stores to meet the dairy staple
food requirement by only stocking milk and yogurt or milk and cheese
because each comes in a variety of fat contents would mean that SNAP
households would have very limited choices. Individual households will
generally want various types of dairy products, not multiple fat
contents of milk, yogurt, or cheese. Also, by moving perishable liquid
milk to group 1, multi-ingredient products with milk as the main
ingredients become a separate variety. For example, flavored milk, such
as chocolate milk, is now a separate dairy variety from plain milk.
Given these new dairy varieties, and for the purpose of greater
operational simplicity, the Department will no longer distinguish
liquid milk by the mammal it comes from in the final rule. This change
is in recognition of the very limited impact such a distinction has on
the ability for small-format retailers to meet the dairy staple food
requirement, adding no meaningful value.
Moving liquid perishable milk to group 1 and adding shredded cheese
and sour cream as new varieties under group 2 create another three (3)
possible dairy varieties in this final rule. Cream, while not
separately listed in group 2, continues to be a separate main
ingredient from milk. These changes, plus up to three distinct plant-
based dairy alternative varieties that are each a substitute for a
traditional dairy variety in either group 1 or 2, ensure that retailers
have multiple pathways to
[[Page 25085]]
compliance in the dairy staple food category. The corresponding changes
have been made at 7 CFR 278.1(b)(1)(ii)(C)(1) for cream, 7 CFR
278.1(b)(1)(ii)(C)(2)(i) for clarification on flavoring, 7 CFR
278.1(b)(1)(ii)(D)(1) for perishable liquid milk, and 7 CFR
278.1(b)(1)(ii)(D)(2) for shredded cheese and sour cream.
New Grain Varieties
The Department received many comments regarding the burden to small
retailers of meeting the increased stocking requirements in the grain
staple food category with the proposed varieties. SNAP retailers, trade
associations, and an advocacy group wrote that stocking seven distinct
grain varieties as defined in the proposed rule is not feasible for
small convenience stores. Other commenters, including several trade
associations and SNAP retailers, stated that small retailers do not
stock items like raw grains and grain-based flour due to limited
shelving capacity and lack of customer demand. One trade association
highlighted that smaller retailers often stock items to meet the needs
of their local, multicultural communities, and would not receive credit
for this under the proposed rule's variety requirements.
Commenters recommended that the Department allow retailers to count
more than one variety of bread in the grain category, arguing that the
proposed rule grouped together breads with different forms, cultural
significance, and customer preparation. They also argued that grouping
together very different foods into a single ``Breakfast Cereals/Foods''
variety based on the assumption that these foods are eaten in the
morning as part of the first meal of the day, contravenes common sense
and Congressional intent since the foods have a wide variety of
different main ingredients. Commenters also recommended counting all
multi-ingredient grain-based food products as separate varieties based
on their main ingredient. For example, commentors suggested rice
cereal, oat cereal, and wheat cereal should count as three separate
varieties. Finally, commenters recommended counting 100% whole grain
and less than 100% whole grain products as distinct varieties.
The Department is convinced by the commenters' concerns about the
need for more grain varieties and is creating additional grain
varieties under group 2 in the final rule. Specifically, the Department
is (1) counting whole grain bread as a separate variety from non-whole
grain bread; (2) counting whole grain pasta/noodles as a separate
variety from the non-whole grain pasta/noodles; and (3) counting
breakfast cereals as a separate variety so that other breakfast
products will count as separate multi-ingredient varieties based on
their main ingredient. These changes provide additional varieties for
some commonly stocked whole grain foods, giving retailers multiple
pathways to compliance within the grain staple food category
requirements without undue operational burden. The Department would
also like to clarify that the designated grain products in group 2
count under the grain staple food category regardless of the main
ingredient unless the main ingredient is an accessory food. For
example, chickpea pasta counts as a ``pasta/noodles'' variety under the
grain category even though chickpeas are not a grain and would
otherwise count under the protein staple food category. Whole grain
products do not need to be 100 percent whole grain; they may contain
any amount of whole grain. The corresponding changes have been made at
7 CFR 278.1(b)(1)(ii)(D)(2).
Plant-Based Dairy Alternatives
In general, the Department received comments in support of limiting
the number of plant-based alternatives that may count towards the dairy
category to three. Several commenters, including advocacy groups and a
local government, expressed support for the limitation because it would
encourage retailers to count both traditional dairy and plant-based
dairy alternatives. Commenters also expressed support for including
plant-based dairy alternatives to meet the needs of customers who
cannot consume dairy. Other commenters expressed support for limiting
plant-based alternatives to ensure that traditional dairy products are
available to meet the nutritional needs of all customers, especially
children. This provision is being finalized as proposed at 7 CFR
278.1(b)(1)(ii)(E).
Accessory Foods
The Department received multiple comments supporting the addition
of snack bars, cheese and fruit spreads, and jerky to the accessory
foods list, because these items are unlikely to contribute to a healthy
diet and the change will help prevent retailers from meeting stocking
requirements with less healthy snack foods. Two commenters also
recommended categorizing butter as an accessory food alongside other
cooking oils and fats that are classified as accessory foods under
current policy.
Several advocacy groups expressed concern that excluding accessory
foods from counting toward staple food stocking requirements would
result in smaller retailers struggling to meet requirements and fewer
SNAP-authorized retailers. Commenters recommended the Department work
with retailers, States, and local partners to educate families about
the need to eat a balanced diet instead of categorizing item as
accessory foods. They also expressed concerns that the proposed changes
do not acknowledge cultural diversity in purchasing, that the
definition would limit the ability of retailers on college campuses to
meet stocking rules, and disagreed with the Department's rationale for
the requirements that stricter provisions would deter fraud.
Comments on excluding accessory foods from counting towards staple
food stocking requirements reflect a fundamental misunderstanding of
how the program currently operates. The Food and Nutrition Act already
prohibits accessory foods from counting towards the retailer staple
food stocking requirements. Other than the foods the Department
proposed to add to the current accessory foods list established in
guidance, retailers have long been required to meet the stocking
requirements under current policy without counting those accessory
foods. Also, commenters overwhelmingly agreed that the foods the
Department proposed to categorize as accessory foods are not considered
part of a balanced diet and the rule makes the accessory foods list
clearer by being more comprehensive and consistent across all types of
snack foods. Therefore, the Department is moving forward with codifying
the existing accessory foods list and adding the additional food
categories proposed.
Further, two commenters, including one health-related organization
and one State office, specifically cited jerky as being an ultra-
processed protein that is high in sodium and sometimes added sugar,
whereas other staple foods in the protein category are high in protein
without unhealthy additives. However, a trade association requested
clarification on why whole-muscle meat jerky is being treated
differently from other jerky. Upon further examination, the Department
has determined that there is not a meaningful distinction between
whole-muscle meat jerky and other jerky. Jerky, regardless of type and
protein content, is not a nutrient-dense whole food product due to the
high content of sodium, preservatives like nitrates and nitrites, and
added sugars. Instead, jerky is considered a snack food because it is a
relatively expensive on-the-go option, which is not suitable for
[[Page 25086]]
daily consumption. Therefore, the final rule now classifies all types
of jerky as accessory foods.
Finally, the Department agrees that counting butter as a staple
food is not consistent with the definition of accessory foods or the
inclusion of other cooking oils and fats in the accessory foods list,
such as lard and vegetable oil. Even with the elimination of butter as
a staple dairy variety, the other changes in this final rule still
result in a net increase of two (2) distinct dairy varieties. This
change will improve the clarity of the regulation and also eliminate a
discrepancy in how plant-based dairy alternatives are treated since
most non-dairy butters have an accessory food as their main ingredient.
Therefore, the final rule now classifies butter as an accessory food.
The corresponding changes have been made at 7 CFR 278.1(b)(7).
The Department reminds all stakeholders that while accessory foods
are not factored into SNAP retailer eligibility determinations, SNAP
households may still purchase accessory foods with SNAP benefits.
Prepared Food
The Department proposed to codify the longstanding agency policy on
the definition of prepared food. Commenters expressed support for
clarifying that pre-cut fruits and vegetables intended for at-home
consumption can count as staple foods in the fruits and vegetables
category. This provision is being finalized with a slight change to the
wording for clarification purposes only. By removing the second
reference to ``for immediate consumption'' in the proposed language,
the Department is making it clearer that the definition of prepared
food is irrespective of whether the food is eaten on the premises of
the store or carried out. The revision has been made at 7 CFR 271.2.
The Department reminds all interested parties that while cold and
hot prepared foods are not factored into SNAP retailer eligibility
determinations, SNAP households may still purchase cold prepared foods
with SNAP benefits. Hot prepared foods remain ineligible for purchase
with SNAP benefits.
Tribal Matters and Consultations
The Department received four written responses on this rule from
Tribal governments. One Tribal government expressed support for the
intent of the rule to ensure that SNAP retailers stock a variety of
healthy staple foods. All Tribal governments raised concerns about the
unique procurement challenges that Tribal retailers face due to limited
access to distribution networks, high transportation costs, and
inconsistent supply chains. According to one Tribal government,
``retailers in Tribal and rural communities face higher costs, higher
spoilage rates, and limited customer bases for perishable items.''
Three of the Tribal governments expressed concerns that the proposed
rule would reduce the number of SNAP-authorized retailers in Tribal
communities and limit access for food-insecure Tribal members.
Three respondents urged the Department to consider traditional
foods and locally produced food as staple foods, such as bison, blue
corn, wild rice, salmon, and chokecherries. The Department appreciates
these comments and agrees that traditional foods should count as staple
foods. The Department has long treated such foods as staple foods and
the final rule continues to treat them as such, with the exception of
jerky, as discussed under Accessory foods.
Tribal governments recommended that the Department develop Tribal-
specific guidance and/or consider Tribal retailers for special
authorization without meeting all the requirements of this rule. The
Department appreciates these recommendations and will take them into
consideration.
Technical Assistance
The Department received several comments from individuals, advocacy
groups, a trade association, and a local government recommending that
FNS provide technical assistance or clarify what technical assistance
it will provide to help smaller and rural retailers meet the new
stocking requirements. Multiple commenters offered specific suggestions
on what the technical assistance should address or how it should be
developed and presented.
As is standard practice with all regulatory changes impacting SNAP
retailers, the Department will notify all currently authorized
retailers about the new requirements and will review various resources
for how best to present the information, including the resources
suggested by commenters.
Implementation Date
Several advocacy groups and an anonymous commenter recommended FNS
establish a clear implementation timeline and allow adequate time for
retailers to transition operations to comply with new requirements.
Other commenters, including an individual, advocacy groups, and
anonymous commenters, recommended FNS allow for a gradual, phased-in
rollout of the proposed rule and compliance period for small retailers.
The Department understands that providing retailers with guidance
and sufficient time to understand the new requirements, adjust their
stocking plans, and make any required arrangements with distributors
are important factors for ensuring smooth implementation of the new
retailer staple food stocking standards without needlessly creating
hardships for either retailers or SNAP households. At the same time,
timely implementation is also important for providing SNAP households
with access to a greater variety of staple foods and removing
unscrupulous retailers.
After taking all of the above under consideration, the Department
is providing retailers with six (6) months (180 days) to conform with
these new stocking standards. Therefore, 180 days after this rule is
published, new retailers or current SNAP retailers applying for
authorization of a new store location will be assessed for compliance
with the new stocking standards at authorization. Current SNAP retailer
locations authorized under criterion A will be assessed for compliance
with the new stocking standards at reauthorization, which generally
occurs within five years from the date of authorization and every five
years thereafter. However, since the Department may assess a retailer's
eligibility for continued authorization at any time, as provided under
current SNAP regulations at 7 CFR 278.1(j), all retailers are
encouraged to make the necessary arrangements to come into compliance
with the provisions of this final rule by the implementation date. Food
items a retailer ordered or received up to 21 calendar days before the
store visit will count towards meeting the stocking requirements as
long as there is adequate documentation in accordance with SNAP
regulations at 7 CFR 278.1(b)(1)(ii)(A).
Retailers who are denied authorization or reauthorization because
they did not meet the staple foods stocking requirements will be
required to wait six (6) months before applying for authorization again
in accordance with SNAP regulations at 7 CFR 278.1(k)(2).
Procedural Matters
Executive Orders 12866 and 13563
Under Executive Order 12866, as amended, agencies must assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, select regulatory approaches that maximize net
benefits. The Office of Management and Budget's (OMB)
[[Page 25087]]
Office of Information and Regulatory Affairs (OIRA) determines whether
a regulatory action is significant as defined by Executive Order 12866
and, therefore, subject to OMB review.
This rule has been determined to be significant under section
3(f)(1) of Executive Order 12866 and was reviewed by OMB. The
Regulatory Impact Analysis (RIA) for this rulemaking was published as
part of the docket in Supporting Documents on <a href="http://www.regulations.gov">www.regulations.gov</a>. A
summary of the RIA follows. This rule is considered an E.O. 14192
regulatory action.
Regulatory Impact Analysis
Need for Action: In response to section 765 of the Consolidated
Appropriation Act of 2017 and corresponding sections in subsequent
enacted appropriations, the United States Department of Agriculture
(the Department) Food and Nutrition Service (FNS) is revising the
Supplemental Nutrition Assistance Program (SNAP) regulations at
sections 271 and 278 to codify a new framework for determining distinct
varieties of staple foods for purposes of assessing retail food store
eligibility to participate in SNAP. The rulemaking is necessary to
implement the enhanced stocking requirements of the Agricultural Act of
2014 (2014 Farm Bill), which increased the minimum number of varieties
SNAP retail food stores must carry in each staple food category from
three (3) to seven (7) as well as the minimum number of varieties that
must be perishable from one variety in each of two (2) different staple
food categories to one variety in each of three (3) different staple
food categories. This rule will also update and codify the existing
criteria for accessory foods (snacks, desserts, and foods meant to
complement or supplement meals), which are not counted as staple foods
for purposes of meeting the staple food stocking or sales requirements
for SNAP retailer eligibility. This rule will primarily affect small
SNAP-authorized retailers (convenience stores, small grocery stores,
and combination stores) who are currently authorized under Criterion A.
Benefits: The rule will increase the variety of staple food
products offered for sale at SNAP-authorized firms, which will help to
ensure that SNAP households have access to healthier foods on a
continuous basis.
Costs: The Department has estimated the rule's total cost to the
Federal Government as approximately $4 million in fiscal year (FY)
2027, and to incur no further costs after implementation. The cost to
currently authorized retailers is estimated to be approximately $77
million in the first year and about $1 to $2 million per year over the
following four years.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) (as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996; 5 U.S.C. 601 et seq.), agencies must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
FNS believes the rule will not present a significant economic impact to
a substantial number of small businesses. Although the number of stores
impacted is large, we estimate that the cost to those small businesses
of the changes in this rule would be nominal, on average about $407 in
the first year and $482 over five years for those stores that need
additional varieties to comply with this rule.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as a 'major rule', as defined by 5 U.S.C. 804(2).
Unfunded Mandates Reform Act
This rule does not contain Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local and Tribal
governments, or the private sector of $100 million or more in any one
year. Thus, the rule is not subject to the requirements of sections 202
and 205 of the UMRA.
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
The proposed rule potentially had issues that required
consultation, and FNS held a Tribal Consultation on the provisions of
this rule on October 22, 2025. Tribal consulting officials expressed
concerns that the proposed rule would reduce the number of SNAP-
authorized retailers in Tribal communities and limit access for food-
insecure Tribal members. The Department has considered these comments
in the changes to provisions described above in the final rule that
increase the number of varieties possible to meet staple stocking
standards. The changes in the final rule do not rise to the level of
requiring further consultation. If a Tribe requests further
consultation, FNS will work with the Office of Tribal Relations to
ensure meaningful consultation is provided.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR
1320) requires the Office of Management and Budget (OMB) approve all
collections of information by a Federal agency before they can be
implemented. Respondents are not required to respond to any collection
of information unless it displays a current valid OMB control number.
In accordance with the Paperwork Reduction Act of 1995, this rule
contains information collections that are subject to review and
approval by the Office of Management and Budget. The Department
solicited public comments on the Notice of Proposed Rulemaking
regarding changes in the information collection burden that would
result from the finalization of changes in the rule as part of docket
FNS-2025-0018, posted September 25, 2025 (90 FR 46081).
Title: SNAP--Store Applications.
OMB Control Number: 0584-0008.
Expiration Date: 4/30/2027.
Type of Request: Revision of a currently approved collection.
Abstract: This rule revises SNAP regulations to codify a new
framework for determining distinct varieties of staple foods for
purposes of assessing retail food store eligibility to participate in
SNAP. To assist authorized retailers with the implementation of this
rule, the Department intends to provide written notice to all
authorized retailers outlining the changes to staple food stocking
requirements. Additionally, the Department may consider new guidance
for authorized retailers that further outlines these changes. Finally,
the Department anticipates that currently authorized retailers may need
to order additional stock to come into compliance with the regulations.
These activities are considered one-time burden. There is no additional
ongoing burden associated with this information collection. The
Department intends to revise the currently approved information
collection for SNAP--Store Applications (OMB Control Number 0584-0008,
expiration 4/30/2027) to
[[Page 25088]]
include the burden associated with these activities while seeking a
three-year renewal for the OMB control number.
Commenters on the proposed rule noted that small retailers
disproportionately face administrative burdens when navigating new
rules, which are manageable for large stores but impose significant
time costs on small operators. The Department has addressed these
concerns by estimating separate burdens for large and small stores. The
final rule adjusts the total burden estimate from 1,126,167.85 hours to
1,548,448.50 hours. The adjusted total burden hours reflects an
increase from four (4) hours to eight (8) hours for small SNAP
authorized stores and a decrease to half an hour for large SNAP
authorized stores to review the notice and guidance and to update
stock.
One Time Reporting Burden Estimates for Final Rule
Respondents: Businesses, For Profit.
Estimated Number of Respondents: 269,217. As of April 30, 2025,
there were 269, 217 SNAP-authorized retailers. Under this final rule,
each authorized retailer would review the written notice of changes to
SNAP staple food stocking requirements, review written guidance
aligning with the rule, and make any changes to current stock, as
necessary.
Estimated Number of Responses: 269,217. Each authorized retailer
would be expected to review the written notice and guidance and update
store stock, if necessary, one time.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: The estimated total
one-time burden for authorized retailers reviewing the notice and
guidance and updating stock is 1,548,448.50 hours.
Revised Reporting Burden for 0584-0008, Including Rule Estimates
Respondents: Business.
Estimated Number of Respondents: 269,217.
Estimated Number of Responses per Respondent: 1.46388229.
Estimated Number of Responses: 394,102.
Estimated Time per Response: 4.054149307.
Estimated Total Annual Burden on Respondents: 1,597,748.35.
[[Page 25089]]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Previously
Estimated Responses Estimated Estimated Total annualized approved Difference Differences due
Respondent category (affected public) Type of respondents Burden activity number of per Total annual hours per total burden Wage cost of burden due to to program
(optional) respondents respondent responses response hours rate respondent burden hours for adjustments changes
0584-0008
(Col. H/F) (Col. F x G) (Col. J/H) (Col. H x I) (J * L)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Businesses, For Profit............... Large SNAP Authorized Reviewing notice, 80,705.00 1.00 80,705.00 0.50 40,352.50 $49.89 $2,013,186.23 0 0 40,352.50
Retailers. reviewing guidance,
and updating stock.
Businesses, For Profit............... Small SNAP Authorized Reviewing notice, 188,512.00 1.00 188,512.00 8.00 1,508,096.00 49.89 75,238,909.44 0 0 1,508,096.00
Retailers. reviewing guidance,
and updating stock.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Start-up Reporting Burden...................................................... 269,217.00 1.00 269,217.00 5.75 1,548,448.50 49.89 77,252,095.67 0.00 0.00 1,548,448.50
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Currently Approved Reporting Burden in 0584-0008..................................... \1\ 2.2 124,885.00 0.395 49,299.85 ........ 2,427,716.84 49,299.90 0.00 0.00
55,708.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grand Total Reporting Burden in 0584-0008............................................ 269,217.00 1.46388230 394,102.00 4.0541493307 1,597,748.35 ........ 79,679,812.51 49,299.9 0.00 1,548,448.50
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These respondents are already included in the overall respondent group of 269,217 retailers.
[[Page 25090]]
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
2002 to promote the use of the internet and other information
technologies to provide increased opportunities for citizen access to
Government information and services, and for other purposes.
Executive Order 13132; Federalism Summary Impact Statement
The rule does not impact States or local governments, so FNS
anticipates that this rule will not have implications for federalism.
Therefore, under Section 6(b) of the Executive Order, a federalism
summary is not required.
Executive Order 12372
Executive Order 12372 requires Federal agencies to engage in
intergovernmental consultation with State and local officials when
involved in Federal financial assistance programs and direct Federal
development. SNAP is listed in the Catalog of Federal Domestic
Assistance under No. 10.551. For the reasons set forth in this proposed
rule, Department of Agriculture Programs and Activities Excluded from
Executive Order 12372 (48 FR 29115, June 24, 1983), this Program is
excluded from the scope of Executive Order 12372.
Executive Order 12988, Civil Justice Reform
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is intended to have preemptive effects with
respect to any State or local laws, regulations, or policies that
conflict with its provisions or that would otherwise impede its full
implementation. This rule is not intended to have retroactive effects.
Prior to any judicial challenge to the provisions of the final rule or
the application of its provisions, all applicable administrative
procedures must be exhausted.
Civil Rights Impact Analysis
USDA has reviewed the Final Rule, in accordance with the
Agriculture Improvement Act of 2018, ``2018 Farm Bill'', Section 12403,
Civil Rights Analyses, to identify and address any major civil rights
impacts the rule might have on specific groups. FNS does not collect
demographic data from retail food stores, and FNS specifically
prohibits retailers that participate in SNAP from engaging in
discriminatory actions. Due to the unavailability of demographic data,
FNS is unable to determine whether this Final Rule will have a civil
rights impact on specific groups. However, the current mitigation and
outreach strategies outlined within the Civil Rights Impact Analysis
provide consideration to SNAP retailers and participants.
After careful review, USDA has determined that the Final Rule only
concerns those retail food stores participating in SNAP that would not
meet the increased staple food stocking requirements necessary for SNAP
authorization that were mandated by the 2014 Farm Bill and codified in
the 2016 Final Rule, ``Enhancing Retailer Standards in the Supplemental
Nutrition Assistance Program (SNAP)''. The final regulatory changes are
intended to make the staple food stocking standards more intuitive so
that those retail stores, which are primarily small format retailers,
are better able to understand and meet the enhanced stocking
requirements of the 2016 final rule. USDA will conduct site visits for
the normal procedures involved in retailer authorization, re-
authorization, or store investigations to monitor retailer compliance
with the new stocking standards. USDA will ensure that all retailers
with limited English proficiency are made aware of FNS telephonic
translation services and that information is accessible for individuals
with disabilities, in accordance with applicable laws, regulations, and
directives.
List of Subjects
7 CFR Part 271
Food stamps, Grant programs--Social programs, Reporting and
recordkeeping requirements.
7 CFR Part 278
Banks, banking, Food stamps, Grant programs--social programs,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
Accordingly, 7 CFR parts 271 and 278 are amended as follows:
0
1. The authority citation for parts 271 and 278 continues to read as
follows:
Authority: 7 U.S.C. 2011-2036.
PART 271--GENERAL INFORMATION AND DEFINITIONS
0
2. In Sec. 271.2:
0
a. Add definitions for ``Accessory food'' and ``Prepared food'' in
alphabetical order;
0
b. Revise paragraph (1) of the definition of ``Retail food store''; and
0
c. Revise the definition of ``Staple food''.
The additions and revisions read as follows:
Sec. 271.2 Definitions.
* * * * *
Accessory food means food that is generally considered a snack food
or dessert, food that is meant to complement or supplement meals, or
food used primarily in the meal preparation process as listed at Sec.
278.1(b)(7) of this chapter. Accessory foods are not defined by package
size and shall not be considered staple foods for purposes of meeting
retail food store staple food stocking or sales requirements for SNAP
participation.
* * * * *
Prepared food means hot or cold food or beverages ready for
immediate consumption that are assembled, cooked, mixed, or otherwise
made ready by the retailer on the premises of the retail food store,
except for bread that otherwise counts as staple food. This definition
also includes hot or cold food or beverages intended for onsite
consumption regardless of whether it is assembled, cooked, mixed, or
otherwise made by the retailer. Prepared food does not include food
that is only cut or sliced on the premises of the firm, but which is
not otherwise made ready for immediate consumption by the retailer or
intended for onsite consumption. Prepared foods shall not be considered
staple foods for purposes of Sec. 278.1(b) of this chapter.
* * * * *
Retail food store means:
(1) An establishment or house-to-house trade route that sells food
for home preparation and consumption and meets the criteria as set
forth in Sec. 278.1(b) of this chapter.
* * * * *
Staple food means food intended for home preparation and
consumption, excluding accessory foods, in each of the following four
categories:
(1) Protein, including plant-based sources;
(2) Grains;
(3) Vegetables or fruits; and
(4) Dairy, including plant-based alternatives.
* * * * *
PART 278--PARTICIPATION OF RETAIL FOOD STORES, WHOLESALE FOOD
CONCERNS AND INSURED FINANCIAL INSTITUTIONS
0
3. In Sec. 278.1:
0
a. Revise paragraphs (b)(1)(i)(A) and (b)(1)(ii); and
0
b. Redesignate paragraph (b)(7) as paragraph (b)(9) and add new
paragraphs (b)(7) and (8).
The revisions and additions read as follows:
[[Page 25091]]
Sec. 278.1 Approval of retail food stores and wholesale food
concerns.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) An establishment or house-to-house trade route shall normally
be considered to have food business of a nature and extent that will
effectuate the purposes of the program if it sells food for home
preparation and consumption and meets either paragraph (b)(1)(ii) or
(iii) of this section.
* * * * *
(ii) Application of Criterion A. (A) Stocking standards. To qualify
under Criterion A, retail food stores shall offer for sale no fewer
than:
(1) Seven (7) distinct varieties of staple food items in each of
the four staple food categories, as defined under Sec. 271.2 of this
chapter, for a minimum of 28 distinct staple food varieties;
(2) Three (3) stocking units of each qualifying staple food
variety, for a minimum of 84 stocking units; and
(3) One (1) variety of perishable foods in three different staple
food categories so that a minimum of three (3) of the 28 varieties and
nine (9) of the 84 stocking units are perishable.
(B) Offer on a continuous basis. Retail food stores must offer the
qualifying staple food items for sale on a continuous basis, as
evidenced by displaying the items for sale in a public area on any
given day of operation.
(1) If a retail food store does not meet the stocking requirements
at the time of an FNS store visit, the store may provide documentation
that it ordered and/or received the required stock no more than 21
calendar days prior to the date of the store visit. Documentation may
include, but is not limited to, invoices and receipts.
(2) Failure to provide documentation related to stock or to
cooperate with FNS store visits may result in denial or withdrawal of
authorization.
(C) Distinguishing staple food varieties. Foods that differ by kind
of plant (e.g., apple vs. orange), the kind of animal (e.g., cow vs.
chicken), or by main ingredient within the same staple food category
count as distinct staple food varieties.
(1) A multi-ingredient food's staple food category and variety is
based on the food's main ingredient. The main ingredient of a multi-
ingredient food is the first ingredient other than water, broth, or
stock listed on the ingredient list. Cream is a separate main
ingredient from milk.
(2) Unless specified under paragraph (b)(1)(ii)(D) of this section:
(i) Different brands, flavorings, packaging, or preparations do not
count as distinct staple food varieties, such as, but not limited to
different cuts of meat, whole fruit and cut fruit, vanilla yogurt and
plain yogurt, and a gallon of milk and a half gallon of milk.
(ii) Different types of the same food do not count as distinct
staple food varieties, such as, but not limited to, brown and white
rice, pinto and kidney beans, and Granny Smith and Gala apples.
(3) No food product can count as a variety in more than one staple
food category.
(D) Specially designated varieties. Notwithstanding paragraph
(b)(1)(ii)(C) of this section, specific food items or groups of foods
count as a distinct variety as specified below.
(1) Single-ingredient varieties. The following foods, with no other
ingredients added other than fortifying vitamins, count as distinct
staple food varieties from multi-ingredient foods with the same main
ingredient. For example, wheat flour is a distinct variety from frozen
burritos, frozen lasagna, and canned chicken noodle soup with wheat
flour as the main ingredient. Also, seasoned perishable chicken is a
distinct variety from plain perishable chicken and flavored perishable
milk is a distinct variety from plain perishable milk.
(i) Shell eggs;
(ii) Perishable meat, poultry, or fish (for each different kind of
animal);
(iii) Dry beans;
(iv) Dry peas;
(v) Dry lentils;
(vi) Raw grains (for each different kind of grain, e.g., rice and
barley);
(vii) Flour (for each different kind of grain, e.g., wheat flour
and rice flour); and
(viii) Perishable liquid milk.
(2) Derivative food product varieties. Regardless of type, kind,
flavoring, or main ingredient, the following foods count as only one
distinct staple food variety (e.g., whole grain rice noodles are the
same variety as whole grain wheat noodles). Any other food item with
the same main ingredient is a separate variety (e.g., a loaf of bread
is a distinct variety from a frozen burrito even if they both have
wheat as the main ingredient).
(i) Tofu/tempeh;
(ii) Bread (whole grain);
(iii) Bread (non-whole grain);
(iv) Pasta/noodles (whole grain);
(v) Pasta/noodles (non-whole grain);
(vi) Breakfast cereals;
(vii) Shredded cheese (including, grated, shaved, and crumbled);
(viii) Cheese (non-shredded);
(ix) Fermented/cultured dairy beverages;
(x) Yogurt (non-liquid);
(xi) Sour Cream;
(xii) Infant formula; and
(xiii) Infant cereal.
(3) Shelf-stable varieties. The following foods sold in a shelf-
stable form with or without other ingredients count as distinct
varieties from the single-ingredients in paragraph (b)(1)(ii)(D)(1) of
this section as well as from perishable multi-ingredient foods with the
same main ingredient. For example, raw ground beef, frozen beef ravioli
with beef as the main ingredient, and canned (shelf-stable) beef stew
with beef as the main ingredient count as three distinct beef
varieties.
(i) Meat, poultry, or fish (for each different kind of animal);
(ii) Liquid milk; and
(iii) Dried/powdered milk.
(E) Plant-based alternatives.
(1) Plant-based dairy alternatives shall be considered distinct
dairy staple food varieties from the traditional varieties for which
they are a substitute and may count for up to three (3) varieties as
long as the main ingredient is not an accessory food.
(2) Nuts/seeds, beans, peas, and lentils shall count in the protein
category.
* * * * *
(7) Accessory foods. Accessory foods as defined at Sec. 271.2 of
this chapter do not count as staple foods for purposes of retail food
store eligibility and include:
(i) Snack and dessert food items. (A) Chips and other finger
snacks, including but not limited to, potato, corn, wheat, tortilla,
pita, vegetable, and fruit chips, crisps, sticks, and straws; onion
ring snacks; corn nuts; snack and trail mixes (other than those
containing only nuts); crackers; pork rinds; pretzels; pre-popped or
un-popped popcorn; and cheese puffs or curls.
(B) Baked, gelatin, and pudding desserts, including but not limited
to, doughnuts, brownies, cupcakes, cookies, snack cakes, muffins,
pastries, sweet rolls, pies, cakes, churros, scones, pudding, and any
packaged mixes intended to create any of the aforementioned products;
(C) Frozen snacks and desserts, including but not limited to, ice
cream, ice milk, frozen yogurt, custard, whipped cream, sherbet,
sorbet, gelato, granita, Italian ices, frozen carbonated beverages,
snow cones, and ice pops;
(D) Candy and chocolate, including but not limited to, mints,
chocolate chips, marshmallow, gum, toffee, brittle, fudge, marzipan,
nougat, and candy bars;
[[Page 25092]]
(E) Snack bars, including but not limited to, protein, granola
bars, and baked bars; and
(F) Jerky, including but not limited to, dehydrated meat sticks and
slices made from any type of animal, and plant-based substitutes.
(ii) Food items that complement or supplement meals. (A) Carbonated
and uncarbonated beverages (except milk, cream, plant-based milk and
cream alternatives in which the main ingredient is not another
accessory food, and 100% fruit or vegetable juice), including but not
limited to, soda pop, sports or energy drinks, iced tea, tea bags,
fruit punch, mixers for alcoholic beverages, shake powders/mixes, and
water;
(B) Condiments, including but not limited to, ketchup, mayonnaise,
mustard, salad dressing, hot sauce, vinegar, relish, horseradish,
chutney, salsa, and soy sauce;
(C) Cheese or fruit dips and spreads, including but not limited to,
cheese sprays, jams, jelly, marmalade, preserves, and compote;
(D) Sweeteners, including but not limited to, sugar, honey, maple
syrup, aspartame, molasses, high fructose corn syrup, and any other
natural or artificial sweeteners;
(iii) Edible items primarily used as part of the food preparation
process. (A) Extracts, including vanilla and other flavor extracts;
(B) Powdered, dried, and extracted spices or seasonings;
(C) Baking soda, baking powder, yeast, and starch;
(D) Cooking oils and fats, including but not limited to vegetable
oil, olive oil, butter, shortening, and lard;
(E) Broth, stock, gelatin, and bouillon;
(F) Edible but non-caloric and non-digestible food products,
including but not limited to, monosodium glutamate, sodium nitrate,
olestra, and any other food additives.
(iv) Other food items. Any food product with a main ingredient that
appears on this list as an accessory food item except infant formula.
(8) Co-location. Separate businesses that operate under one roof
are considered a single firm for purposes of determining eligibility to
participate as a SNAP retail food store if both businesses:
(i) Share the same ownership in whole or in part;
(ii) Sell similar foods; and
(iii) Share inventory.
* * * * *
Stephen Vaden,
Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2026-09137 Filed 5-7-26; 8:45 am]
BILLING CODE 3410-30-P
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</html>Indexed from Federal Register on May 8, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.