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 Nov. 4, 2026.
Executive Summary
Purpose of the Regulatory Action
This rule finalizes the provisions of a proposed rule published on Sept. 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 Dec. 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:
- Shell eggs;
- Perishable meat, poultry, or fish; and
- 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:
- Whole grain bread;
- Whole grain pasta/noodles;
- Shredded cheese; and
- 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.
List of Subjects
- Food stamps
- Grant programs—Social programs
- Reporting and recordkeeping requirements
- 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:
- 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
- In § 271.2:
- Add definitions for “Accessory food” and “Prepared food” in alphabetical order;
- Revise paragraph (1) of the definition of “Retail food store”; and
- Revise the definition of “Staple food”.
The additions and revisions read as follows in the FR Notice.