An Iowa lawmaker has proposed legislation that seeks to exclude “junk” food from being eligible for purchase by Iowans using Supplemental Nutrition Assistance Program (SNAP) benefits. This proposed bill joins as voices on both the state and federal levels have expressed an openness to reform food eligible for SNAP. This article will discuss SNAP and the process a state agency must undergo to prohibit specific foods from being bought with SNAP benefits. To learn more about SNAP and other federal nutrition programs, click here to visit NALC’s Nutrition Programs reading room.
Background of SNAP
SNAP, formerly known as the Food Stamp Program, was originally authorized by the Food Stamp Act of 1964, but the name of the program was changed to SNAP in The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). Additionally, in 2008, the name of the Food Stamp Act was changed to the Food and Nutrition Act of 2008, and though the name has changed, it still remains the authorizing legislation for the program. SNAP is a program that provides low-income families with monthly benefits to purchase household foods. SNAP is managed by the Food and Nutrition Service (FNS) of the U.S. Department of Agriculture (USDA) but is administered on the local level by the states. Specifically, the Food and Nutrition Act authorizes the Secretary of Agriculture “to formulate and administer a supplemental nutrition assistance program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment.” 7 USC § 2013(a). This means that the federal and state governments each play a different role in the operation of the program. For example, FNS authorizes and monitors the retailers who redeem SNAP benefits, while the states determine eligibility and issue benefits to eligible households.
What food is eligible for purchase with SNAP Benefits?
Under the Food and Nutrition Act, food is defined as “any food or food product for home consumption except alcoholic beverages, tobacco, hot foods, or food products ready for immediate consumption.” 7 USC § 2012(k). This definition is also used to define “eligible foods” in the regulations for SNAP. 7 CFR § 271.2. Specifically, USDA further clarifies on its website that “food for the household” includes fruits and vegetables; meat, poultry and fish; dairy products; breads and cereals; snack foods and non-alcoholic beverages; and seeds and plants that produce food for the household to eat. Additionally, USDA identifies the following products as being ineligible for purchase with SNAP benefits – beer, wine, liquor, cigarettes, or tobacco; vitamins, medicines, and supplements; live animals; foods that are hot at the point of sale; and nonfood items like pet foods, cleaning supplies, paper products, hygiene items, and cosmetics.
As mentioned earlier, USDA and states play specific roles in the administration of SNAP. USDA is given the authority to determine which foods are eligible for purchase with SNAP benefits and will select qualifying retailers who meet certain standards of SNAP eligible foods for sale at their establishment. While the states are authorized to determine household eligibility and issue benefits to those eligible, the cost of SNAP benefits is paid in full by the federal government. USDA and the states will split the cost of administering the program. However, there is an option for states that want to administer the program differently – a waiver. If at any point a state agency administering SNAP wishes to deviate from the regulatory provisions for SNAP, it can request to do so through a waiver.
How do waivers work?
There are two types of waivers FNS may approve – a general waiver and a waiver to complete a demonstration project. State agencies can submit a waiver request for FNS approval through SNAP’s web-based Waiver Information Management System. This resource can be accessed here.
General Waivers
The Administrator of FNS may authorize waivers permitting states to deviate from specific SNAP regulatory provisions. 7 CFR § 272.3(c). General waiver requests are only approved in certain situations. Those situations include 1) if a specific regulatory provision cannot be implemented due to extraordinary temporary situations; 2) if FNS determines that the waiver would result in a more effective and efficient administration of the program; or 3) if the unique geographic or climatic conditions within the state preclude effective implementation of the specific regulatory provision and require an alternative procedure. However, FNS will not approve the waiver request if the waiver would be inconsistent with the provisions of the Food and Nutrition Act or would result in material impairment of any statutory or regulatory rights of participants or potential participants. For example, in 2023, FNS granted a waiver request from the Arkansas Department of Human Services to allow SNAP recipient families an extended time frame to report the loss of food purchased with SNAP benefits. This waiver was granted in congruence with 7 CFR § 272.3(c)(1)(i) because an extraordinary temporary situation, destruction from Tornados, prohibited compliance with the 10-day regulatory requirement for reporting food loss.
In the waiver request, state agencies must provide compelling justifications for the waiver in terms of how the waiver will improve the efficiency and effectiveness of the administration of the program. Waivers should include:
- Reasons why the waiver is needed.
- The portion of caseload or potential caseload which would be affected and the characteristics of the affected caseload.
- Anticipated time period for which the waiver is needed
- Thorough explanation of the proposed alternative provision to be used in lieu of the waived regulatory provision.
Demonstration Waiver
In addition to the general waiver that states can request, there is also an option for a waiver to complete a demonstration project. The Secretary of Agriculture is authorized to conduct pilot or experimental projects on a trail basis to increase the efficiency of the supplemental nutrition assistance program. 7 USC § 2026(b)(1)(A). Demonstration projects must be consistent with the goal of the supplemental nutrition assistance program of providing food assistance to raise levels of nutrition among low-income individuals and must include an evaluation process for the project. 7 USC § 2026(b)(1)(B)(i). Only the following are permissible as demonstration projects – a project to improve program administration, a project that increases the self-sufficiency of SNAP recipients, a project that tests innovation welfare reform strategies, or a project that allows greater conformity with the rules of other programs that would be allowed but for the paragraph. 7 USC § 2026(b)(1)(B)(ii). For example, the Elderly Simplified Application Project is a SNAP demonstration project that 23 states have participated in. This project improves program administration by streamlining the application and certification process for adults aged over 60 and people with disabilities by simplifying the verification process, providing 36-month certifications, and waiving the recertification interview.
Iowa Bill
Iowa lawmakers have introduced HSB216 a bill that would appropriate $1 million to the Double Up Food Bucks Program. However, the funds are contingent upon FNS granting Iowa’s Department of Health and Human Services (Iowa HHS) approval of a waiver to only permit certain foods to be purchased with SNAP benefits. The proposal does not clarify which type of waiver would be applicable. The Iowa Double Up Food Bucks Program was enacted in 2016 to provide a 1-to-1 match for SNAP recipients to purchase fruits and vegetables. Since its enactment, this program has only received funding through private donations. HSB216 specifies that the Iowa HHS should request a waiver asking USDA to allow only the following to be “eligible foods;” real eggs, real meat, real dairy, bread and grains, all fruits and vegetables, all cereals and hot cereals, including granola, peanut butter and nuts, pasta, rice, and legumes, and any items on the Iowa special supplemental nutrition program for women, infants, and children approved food lists. Further, the bill defines “real dairy” as products made from the “lacteal secretion of a cow, goat, or sheep,” “real eggs” as those “laid by a bird such as a chicken,” and “real meat” as the “muscle tissue from an animal such as a cow, pig, or fish.” If it is passed by both chambers of the Iowa Legislature and signed by Iowa’s governor, the bill would take effect on the date that Iowa HHS receives approval of its request waiver from USDA. The bill specifies that the supplemental funds to the Double Up Food Bucks Program is contingent upon the waiver’s approval.
Rejection of Iowa’s Previous Demonstration Waiver Request
In its 2024 legislative session, Iowa passed legislation that addressed alternative proteins, like cell-cultured meats and plant-based meats. This legislation created labeling requirements for alternative proteins but also sought to prohibit cell-cultured protein products from being purchased with SNAP benefits. Since the authority to decide what items can be purchased with SNAP benefits sits with FNS and not the states, Iowa had to request a waiver. In that case, Iowa requested a waiver to prohibit the purchase of cell-cultured proteins as a demonstration project. The USDA rejected this request because it claimed that Iowa did not meet the requirements of 7 USC § 2026(b)(1)(B)(i), nor did it meet any one of the four permissible projects criteria of 7 USC § 2026(b)(1)(B)(ii). Specifically, USDA claimed Iowa’s request did not explain how the prohibition of cultivated meat would raise the level of nutrition for SNAP participants, nor did the request clarify how Iowa would evaluate the effects of the project. Further, USDA claimed the request did not show how the project would improve program administration, increase the self-sufficiency of SNAP recipients, test innovative welfare reform strategies, or allow greater conformity with the rules of other programs that would be allowed but for this paragraph. If HSB216 is enacted, and Iowa chooses to seek either a general or demonstration waiver, it will have to meet the standards outlined above.
Other State Actions
In 2003, Minnesota was the first state to propose a prohibition against “junk” foods being eligible for purchase with SNAP benefits. Minnesota’s legislature passed legislation that would bar the use of benefits to buy candy bars, soda and other “junk” foods; however, for the law to be effective, Minnesota needed waiver approval from FNS. FNS denied the approval citing the implementation challenges, inconsistent definitions on what foods are healthy or not, and the potential of stigmatizing benefit recipients. These concerns are further discussed in a 2007 USDA publication “Implications of Restricting the Use of Food Stamp Benefits.”
Iowa is not the only state this year to consider this type of proposed legislation. Kansas, Idaho, Kentucky, Arkansas, Indiana, Missouri, New York, , Tennessee, Texas, West Virginia, and Wyoming also have similar bills going through their legislatures – through Iowa is the only one that directly ties the waiver request to funding. The Kansas proposal has been passed by its House of Representatives and is now before its Senate, while the Idaho proposal has passed its Senate and is now before its House of Representatives. Like Iowa, the Texas, Arkansas, Indiana, Missouri, New York, Tennessee, and West Virginia proposals are still in committee. However, Kentucky’s proposal was withdrawn, and Wyoming’s died in committee. As the legislative sessions in many states remain ongoing, there might be more legislation related to foods eligible for SNAP proposed in the weeks to come.
Federal movement
As of yet, no state has received FNS approval to ban specific foods from being eligible for purchase with SNAP benefits. However, this might change as the newly confirmed Trump Administration Secretary of Agriculture Brooke Rollins has voiced dissatisfaction with the policy. Robert Kennedy, Secretary of the Department of Health and Human Services (HHS) has spoken about it as well, though HHS does not have jurisdiction over SNAP. While it is unclear how either of the Secretaries might currently plan to change this policy, one way might be that FNS could begin granting waiver requests to allow states, like Iowa, to dictate what foods SNAP participants in their state are allowed to purchase with benefits.
Further, Congress could pass legislation that amends the USDA definition of “foods” to exclude “junk” food. Specifically, legislation has been introduced in 2025 in both the U.S. Senate and U.S. House of Representatives addressing this issue. The Healthy SNAP Act of 2025 would expand the list of items prohibited from being purchased with SNAP benefits to include ““soft drinks, candy, ice cream, prepared desserts such as cakes, pies, cookies, or similar products.” This legislation would also require the Secretary of Agriculture to review scientific knowledge every 5 years and update the foods designated as eligible for purchase by SNAP. The House proposal is currently being discussed in the House Agriculture Committee, while its Senate companion has not yet been assigned to committee.
Conclusion
Iowa lawmakers have proposed legislation that would require the Iowa HHS to submit a waiver request to FNS to ask for permission to prohibit Iowan SNAP recipients from purchasing “junk” foods with their SNAP benefits. While waivers with similar requests have been made in the past, none have been granted. However, USDA Secretary Rollins has signaled she may be open to this policy change.