Washington, D.C. – The National Grocers Association (NGA) and the National Association of Convenience Stores (NACS) today sent a joint letter to the U.S. Department of Agriculture (USDA) requesting additional clarification on the agency’s recently issued guidance governing enforcement of state SNAP food restriction waivers.
In the letter, the associations thanked USDA for providing a 90-day grace period before enforcement begins but raised serious concerns about the two-strike enforcement framework outlined in the December 30, 2025 memo. Under that framework, retailers could face involuntary withdrawal from SNAP following a second violation – a penalty NGA and NACS warn could have significant consequences for food access.
“Retailers are working to restrict tens of thousands of items in each affected state, and despite best efforts, occasional discrepancies are unavoidable,” the associations wrote. “We believe this structure does not adequately account for the inherent complexities retailers face in implementing these restrictions.”
NACS and NGA emphasized that frequent changes in product formulations, package sizes, labeling, and seasonal offerings make flawless execution nearly impossible, even with robust compliance efforts. The letter urges USDA to clearly distinguish between retailers intentionally violating the rules and those making sincere, good-faith efforts to comply.
The associations also warned that involuntary withdrawals could eliminate SNAP-authorized retailers that are often the only source of food access in rural, underserved, or low-income areas, forcing SNAP participants to travel miles to redeem their benefits.
In addition, NACS and NGA called on USDA to provide clearer guidance around product definitions and the use of universal product code (UPC) lists, noting that thousands of unresolved questions remain, particularly for private-label and locally sourced items.
“Without clear, consistent guidance from USDA, retailers are left navigating ambiguity with significant penalties on the line,” the associations stated. “Retailers acting in good faith should receive education and corrective guidance before facing warnings that could lead to expulsion from the program.”
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About the National Grocers Association
NGA is the national trade association representing the retail and wholesale community grocers that comprise the independent sector of the food distribution industry. An independent retailer is a privately owned or controlled food retail company operating a variety of formats. The independent grocery sector is accountable for about 1.2 percent of the nation’s overall economy and is responsible for generating more than $250 billion in sales, 1.1 million jobs, $39 billion in wages and $36 billion in taxes. NGA members include retail and wholesale grocers located in every congressional district across the country, as well as state grocers’ associations, manufacturers and service suppliers. For more information about NGA, visit www.nationalgrocers.org.
