FMI opposes SNAP food purchase restrictions

The Food Industry Association, also known as FMI, is urging the USDA to reverse its decision on food restriction waivers for SNAP purchasing. The trade group claims that the USDA does not have the required statutory authority to implement these restrictions, which would ban the purchase of items like soda and candy with SNAP funds.

The Food Industry Association (FMI) issued nearly matching statements about proposed SNAP pilot programs in Louisiana and Montana, arguing that the new rules would force retailers to handle complex eligibility criteria for food items. The remarks were prepared by Elizabeth K. Tansing, FMI’s vice president of state government relations, alongside Jessica Tanner, the organization’s senior counsel.

The USDA’s efforts to restrict SNAP purchasing are part of the Make America Healthy Again movement. However, the agency hit a roadblock when a federal district court judge ruled that the USDA exceeded its legal authority in approving restrictions for five states. The USDA has since delayed implementation timelines for previously approved waivers to seek public comments.

FMI argued that the USDA should abandon the proposed food limitations, citing legal and practical concerns. The group contends the initiative goes beyond the permitted scope of SNAP pilot programs under Section 17 of the 2008 Food and Nutrition Act and claims the agency lacks the power to redefine what Congress considers ‘food.’

According to FMI, the state-level waivers have created a disjointed system of SNAP rules, as different regions apply varying standards for excluded items. This inconsistency places extra demands on retailers and leaves shoppers unclear about what they can purchase, particularly with shifting definitions of terms like ‘soda’ and ‘candy.’

Retailers face significant compliance challenges, with 17 states failing to provide updated UPC codes for products now banned under SNAP. While six states maintain lists of ineligible items, four of them have not kept these lists current, FMI reports.

FMI urged the USDA to instead work on its nutrition objectives through authorized approaches, like the Healthy Incentives Pilot Program, which tests whether financial incentives increase fruit and vegetable purchases among SNAP participants.