Iowa lawmakers want to ban SNAP purchases of “junk” food. This law follows state and federal calls to alter SNAP-eligible food. This article discusses SNAP and how a state agency might ban certain goods from SNAP benefits. Visit NALC’s Nutrition Programs reading room to learn about SNAP and other federal nutrition programs.
Background on SNAP
The Food Stamp Act of 1964 authorized the Program, but the 2008 Farm Bill renamed it SNAP. The Food Stamp Act was renamed the Food and Nutrition Act of 2008 in 2008, although it still authorizes the Program. Low-income households receive monthly SNAP subsidies to buy groceries. The USDA’s Food and Nutrition Service (FNS) manages SNAP, but states administer it locally. 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 implies that the federal and state governments operate the Program differently. SNAP stores are authorized and monitored by FNS, while states assess eligibility and issue benefits to eligible households.
What foods can I buy with SNAP?
The Food and Nutrition Act defines food as “any food or product for home consumption except alcoholic beverages, tobacco, hot foods or food products ready for immediate consumption.” 7 USC § 2012(k). The SNAP regulations (7 CFR § 271.2) employ this concept to define “eligible foods.” USDA defines “food for the household” on its website as fruits, vegetables, meat, poultry, and fish; dairy products; breads and cereals; snack foods and non-alcoholic beverages; and seeds and plants that generate food for the household. SNAP benefits cannot be used to buy beer, wine, liquor, cigarettes, or tobacco; vitamins, medicines, and supplements; live animals; hot foods at the point of sale; and nonfood items like pet foods, cleaning supplies, paper products, hygiene products, and cosmetics, according to USDA.
As indicated, the USDA and other states administer SNAP. SNAP-eligible foods are selected by the USDA and sold at qualifying stores that satisfy specific conditions. The federal government fully funds SNAP payments, but states assess household eligibility and provide benefits. USDA and states will split program administration costs. Waivers are available for states that want to operate the Program differently. A waiver allows a state agency to diverge from SNAP regulations.
How do waivers work?
FNS can approve general and demonstration project waivers. State agencies can request FNS waivers through SNAP’s web-based Waiver Information Management System. Access this resource here.
General Exemptions
The FNS Administrator may grant states waivers from SNAP regulations. 7 CFR § 272.3(c). General waivers are granted in specific instances. These situations include 1) if a specific regulatory provision cannot be implemented due to extraordinary temporary situations, 2) if FNS determines that the waiver would improve program administration, or 3) if the state’s unique geographic or climatic conditions require an alternative procedure. FNS will not approve the waiver request if it violates the Food and Nutrition Act or impairs participants’ or potential participants’ statutory or regulatory rights. In 2023, FNS granted the Arkansas Department of Human Services a waiver request to provide SNAP beneficiary families more time to report food loss. This waiver was issued per 7 CFR § 272.3(c). (1)(i) because tornadoes prevented food loss reporting within the 10-day regulation period.
State agencies must demonstrate how the waiver would increase program efficiency and effectiveness in their waiver request. Waivers should include:
- Why the waiver is needed.
- The affected caseload and its features.
- Expected waiver duration
- Detailed explanation of the proposed alternative to the waived regulatory provision.
- Waiver of Demo
States can request a demonstration project waiver in addition to the standard waiver. The Secretary of Agriculture can conduct trial pilot programs to improve SNAP efficiency. 7 USC § 2026(b)(1)(A). Demonstration projects must be compatible with the supplemental nutrition assistance program’s purpose of improving low-income nutrition and contain an evaluation process. See 7 USC § 2026(b)(1)(B)(i). Only projects that improve program administration, increase SNAP recipients’ self-sufficiency, test innovation welfare reform strategies, or allow greater conformity with other programs’ rules are allowed as demonstration projects. 7 USC § 2026(b)(1)(B)(ii). 23 states participated in the Elderly Simplified Application Project, a SNAP demonstration project. This initiative simplifies verification, provides 36-month certifications, and waives the recertification interview for adults over 60 and people with impairments, improving program administration.
The Iowa Bill
Iowa lawmakers introduced HSB216 to fund the Double Up Food Bucks Program with $1 million. However, the monies rely on FNS granting Iowa HHS a waiver to limit SNAP purchases to specified goods. The proposal does not specify a waiver type. In 2016, the Iowa Double Up Food Bucks Program matched SNAP purchases of fruits and vegetables 1-to-1. Since its inception, this initiative has relied on private donations. HSB216 requires the Iowa HHS to request a waiver from USDA to allow only real eggs, meat, 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 unique supplemental nutrition program for women, infants, and children approved food lists to be considered “eligible foods.” The law also defines “real dairy” as “lacteal secretion of a cow, goat, or sheep,” “real eggs” as “laid by a bird such as a chicken,” and “real meat” as “muscle tissue from an animal such as a cow, pig, or fish.” If passed by both chambers of the Iowa Legislature and signed by the governor, the law would take effect when Iowa HHS secures USDA waiver approval. Bill requires waiver approval for Double Up Food Bucks Program supplementary monies.
Iowa’s Previous Demonstration Waiver Rejected
Iowa enacted legislation on cell-cultured and plant-based meats in 2024. This law required alternative protein labeling and banned SNAP purchases of cell-cultured proteins. Iowa needed a waiver because FNS decided what SNAP benefits to buy. Iowa requested a waiver to ban cell-cultured protein purchases as a demonstration project. The USDA denied the proposal, stating that Iowa did not meet the standards of 7 USC § 2026(b)(1)(B)(i) or any of the four project criteria (ii). USDA said Iowa’s request didn’t explain how banning cultured meat would improve SNAP participants’ nutrition or how it would evaluate the project’s effects. USDA argued the request did not demonstrate how the project would improve program administration, increase SNAP users’ self-sufficiency, test innovative welfare reform ideas, or allow greater compliance with other programs’ requirements without this language. Iowa must meet the preceding conditions if it seeks a general or demonstration waiver under HSB216.
Other State Actions
Minnesota introduced the first SNAP ban on “junk” foods in 2003. Minnesota approved a law banning benefits for candy bars, drinks, and other “junk” foods, but FNS waiver permission was needed to take effect. FNS rejected the application due to operational issues, uneven definitions of healthy diets, and the risk of stigmatizing benefit beneficiaries. “Implications of Restricting the Use of Food Stamp Benefits,” a 2007 USDA report, addresses these concerns.
Iowa is not the only state considering this legislation this year. Kansas, Idaho, Kentucky, Arkansas, Indiana, Missouri, New York, Tennessee, Texas, West Virginia, and Wyoming also have comparable bills, although only Iowa links the waiver request to funding. Kansas’ House of Representatives passed the plan, while Idaho’s Senate passed it. The Texas, Arkansas, Indiana, Missouri, New York, Tennessee, and West Virginia plans are on committees like Iowa. However, Kentucky’s plan was withdrawn while Wyoming’s perished in committee. As legislative sessions continue in several states, new SNAP-eligible food legislation may be submitted in the coming weeks.
A federal movement
No state has gained FNS approval to prohibit certain goods from SNAP purchases. This may change as newly confirmed Trump Administration Secretary of Agriculture Brooke Rollins has expressed discontent with the Program. HHS Secretary Robert Kennedy has also mentioned it, but HHS does not oversee SNAP. The Secretaries may amend this policy by accepting waiver requests to allow states like Iowa to decide what meals SNAP members can buy with benefits.
Congress might also change the USDA definition of “foods” to exclude “junk” food. This issue has been addressed by Senate and House legislation presented in 2025. The Healthy SNAP Act of 2025 would ban “soft drinks, candy, ice cream, prepared desserts such as cakes, pies, cookies, or similar products” from SNAP benefits. This bill would also require the Secretary of Agriculture to examine scientific information every five years and revise SNAP-eligible items. The Senate counterpart has not yet been assigned to a committee, although the House Agriculture Committee is discussing it.
Conclusion
Iowa lawmakers have introduced legislation forcing the Iowa HHS to get a waiver from FNS to prevent SNAP participants from buying “junk” items. Similar waiver petitions have been denied. However, USDA Secretary Rollins may consider this policy change.