ARLINGTON, Va. – FMI – The Food Industry Association has welcomed new guidance from the U.S. Department of Agriculture on implementing state-issued food restriction waivers under the Supplemental Nutrition Assistance Program, while requesting additional clarity to ensure consistent compliance and minimize disruption for retailers and customers.
In a statement, FMI Chief Public Policy Officer Jennifer Hatcher said the association appreciates USDA’s confirmation that each waiver will include a 90-day grace period after implementation. She emphasized that the transition period is essential for retailers to identify and resolve compliance issues with USDA’s Food and Nutrition Service before formal investigations commence.
Hatcher emphasized that FMI has collaborated with USDA and states to promote consistent waiver implementation across shopping channels and store formats. She noted that restrictions will impact thousands of products and will vary considerably by state. FMI has requested that states and USDA review retailer-created, UPC-level lists of restricted items and confirm that retailers using these comprehensive lists will be considered compliant. Several states have already provided this assurance, she added.
While welcoming the guidance, FMI stated that members still need clarity around enforcement, especially regarding language suggesting “involuntary withdrawal” after a second offense. Hatcher urged USDA to make sure such penalties are only applied to retailers who knowingly and intentionally violate restrictions, not to those who make inadvertent coding errors among tens of thousands of products.
FMI also called on USDA and states to develop model, customer-facing materials to reduce confusion at checkout, even as states retain responsibility for communicating changes to SNAP participants.
“While we cannot overstate the complexity of this effort, FMI will continue working with USDA, Secretary Rollins, Congress, and state agencies to support a smooth, coordinated transition so the SNAP program remains efficient, consistent and reliable for authorized stores and the millions of customers who depend on it,” Hatcher said.
