in effect
This is a final rule from the U.S. Department of Agriculture’s Food and Nutrition Service, the agency that runs SNAP (the Supplemental Nutrition Assistance Program, formerly food stamps). It sets the rules stores must follow to be approved to accept SNAP benefits. Specifically, it defines how the agency counts “distinct varieties” of staple foods a store keeps in stock, and it puts into effect a stocking increase that Congress passed in the 2014 Farm Bill but that had been blocked from taking effect for years.
Stores must now stock at least 7 different varieties (up from 3) in each of the four staple food categories — fruits and vegetables, dairy, grains, and meat/poultry/fish — and at least 3 of those categories (up from 2) must include a perishable item. The rule spells out how varieties are counted, sorting certain foods into three groups (single-ingredient items, multi-ingredient “derivative” products, and shelf-stable items), and caps plant-based dairy substitutes at 3 counted varieties in the dairy category. It also adds new countable dairy and grain varieties (such as shredded cheese, sour cream, whole-grain bread, and whole-grain pasta) to make the higher bar easier to meet, while reclassifying butter and all types of jerky as “accessory foods” that no longer count toward stocking requirements. The rule takes effect July 7, 2026, and stores must comply no later than November 4, 2026 (180 days after publication); new stores are checked at application, and existing stores are checked at their reauthorization, which generally happens every five years.
The rule primarily affects small SNAP-authorized stores — convenience stores, small grocery stores, and combination stores approved under “Criterion A” — which will need to carry more items to stay eligible; the agency estimates about $77 million in costs to retailers in the first year. Some small, rural, or Tribal stores may find the higher requirements hard to meet and could lose or be denied SNAP authorization, while SNAP shoppers may see a wider selection of staple foods at participating stores. SNAP households can still buy accessory foods (including butter and jerky) with their benefits even though those items no longer help a store qualify.