The USDA has published a final rule to implement provisions of the 2014 Farm Bill increasing the variety of staple foods stores must stock to participate in the Supplemental Nutrition Assistance Program. To accept SNAP payments, stores will have to offer at least seven distinct varieties in each of these four staple categories:
- Protein, including plant-based sources;
- Grains;
- Vegetables or fruits;
- Dairy, including plant-based alternatives.
SNAP-participating stores must stock at least one perishable item (cheese, fresh produce, ground beef, bagels—stuff that goes bad after a couple weeks at room temperature) must stock at least three stocking units (can, bunch, box, bag, package, or a single item like an apple or baguette normally sold individually) of each variety, meaning at least 84 staple items on the shelf.
One item retailers can no longer count toward qualifying to participate in SNAP is jerky. Jack’s Links has spent millions of dollars on campaign contributions and lobbying to curry government favor for its products, but USDA is still throwing jerky in the category of “accessory foods” that retailers can’t count toward SNAP participation:
Jerky, regardless of type and protein content, is not a nutrient-dense whole food product due to the high content of sodium, preservatives like nitrates and nitrites, and added sugars. Instead, jerky is considered a snack food because it is a relatively expensive on-the-go option, which is not suitable for daily consumption. Therefore, the final rule now classifies all types of jerky as accessory foods [USDA Food and Nutrition Service, “Updated Staple Food Stocking Standards for Retailers in the Supplemental Nutrition Assistance Program,” final rule, Federal Register, 2026.05.08].
People can still buy jerky and other accessory foods with SNAP; they just can’t open a store and count the seven flavors of Jack’s Links on their shelves toward the stocking rules to participate in SNAP as a retailer. Accessory foods include many other items, like chips, pretzels, popcorn, Cheetos, donuts, cookies, pudding, ice cream, granola bars, pop, Gatorade, energy drinks, condiments, spray cheese, jams and jelly, sugar, honey, syrup, vanilla, spices, baking powder, cooking oils, butter, and lard.
Trump’s minions say these stocking rules focus on making more healthy food available to SNAP users, but the Center for Science in the Public Interest questions that focus:
USDA’s announcement of the rule begins with a celebration of the large number of retailers that USDA has recently disqualified from accepting SNAP for failure to meet stocking requirements, calling into question the true intent of the updated standards. Is it an honest attempt to improve food access for SNAP shoppers? Or another vehicle for slashing SNAP?
…While today’s final rule will increase the variety and number of different types of foods that SNAP retailers must carry in each of the four staple food categories, it does not ensure these foods will be healthy. The rule does establish a new list of non-nutritious “Accessory Foods” that will not be allowed to count toward staple foods. For instance, jerky cannot count as a staple meat, butter cannot count as a staple dairy, and so on. But the rule does not include limits on added sugars, sodium, saturated fat, and refined grains, for foods to count towards minimum inventory requirements.
Retailers will be allowed to comply with updated stocking standards by simply offering a wider variety of unhealthy and harmful ultra-processed foods such as canned fruit in heavy syrup, sugary cereal, and SPAM [Joelle Johnson, Deputy Director, press release, Center for Science in the Public Interest, 2026.05.07].
Jerky no, SPAM yes? CSPI has a point….
Casey’s and other convenience stores aren’t happy:
“Today’s final rule represents a massive shift in SNAP policy, and right now it raises more questions than it answers. We are reviewing the rule carefully with our members and pressing USDA for the guidance retailers need to understand its implications,” said Margaret Mannion, director of government relations at NACS. “Convenience stores are one of the most accessible food retail options in this country, and we want to make sure this rule doesn’t inadvertently push stores out of SNAP and leave communities without a place to use their benefits.”
The USDA rule introduces a complex three-tiered variety structure that will require retailers to carefully evaluate nearly every product on their shelves to determine what counts and what doesn’t. It also includes broad, unclear groupings of different foods as though they are the same. Small businesses will need significant time simply to understand how the rule will work. And with only six months to comply, that timeline leaves retailers with little room for error.
Convenience stores are a critical point of access for SNAP households across the country, and any SNAP rule must reflect that reality. Convenience stores make up 45% of all SNAP-authorized retailers, and 93% of Americans live within 10 minutes of one, including 86% of rural Americans [National Association of Convenience Stores, press release, 2026.05.08].
In its explanation of the new stocking rule, USDA says convenience stores commit a disproportionate share of SNAP violations:
In Federal fiscal year 2024, 93 percent of all SNAP retailer sanctions FNS imposed were for violations at small format stores like convenience stores, small grocery stores, and stores whose primary business is not food sales. Convenience stores, specifically, accounted for nearly half (44 percent) of all SNAP retailers and 76 percent of all SNAP sanctions, but only five percent of SNAP redemptions. Such data indicates convenience stores, in general, represent a significant integrity risk and, at the same time, do not provide significant points of access for SNAP households to use their benefits. For small format stores that do provide significant points of access, offering more staple food varieties may help increase their SNAP customer business. Additionally, it was Congress’ intent to make the stocking standards more rigorous so that unscrupulous retailers are not able to gain entry into SNAP for the sole purpose of defrauding the program (H.R. Rep No. 113-333, 2014). In a December 2018 report, SNAP: Actions Needed to Better Measure and Address Retailer Trafficking, the General Accountability Office (GAO) reiterated its 2006 finding that the minimal requirements for the amount of food that retailers must stock could allow retailers more likely to traffic SNAP benefits (i.e., illegally exchanging SNAP benefits for cash or consideration other than eligible food) into the program [USDA, final rule, 2026.05.08].
The new stocking rule takes effect July 7; SNAP retailers have until November 4 to stock their shelves accordingly.