[This post is cross-posted from the Los Angeles Food Policy Council blog.]
by Daniel Schettini*
Lawsuit Against USDA Over SNAP Restrictions
Date: March 11, 2026
On Wednesday, 5 SNAP recipients sued the USDA and the Agriculture Secretary in the U.S. District Court of the District of Columbia, challenging the approval of five state SNAP waivers. They claim that the USDA violated the APA and exceeded the authority of the Food and Nutrition Act of 2008. Specifically, they argue that the approval of the waivers were “arbitrary and capricious, an abuse of discretion, and were not in accordance with the law.”
Impact: The waivers being sued over, as detailed in a later section of this update, allow states to bar participants from using benefits on soda, energy drinks, candy, and other desserts as a move towards implementing the MAHA agenda. Thus far, 22 states have been approved for waivers by the USDA. While the lawsuit is still pending, Plaintiff counsel believes that this is a clear violation of the APA at the very least because the USDA failed to provide notice and comment. This action is still very new though, and something that I, as well as you all, should definitely keep an eye on.
Links/Resources:
Bloomberg News – Court Dockets
USDA faces lawsuit challenging state SNAP waivers
Food Stamp Recipients Sue Over Bans on Sugary Drinks
Farm Bill Updates: H.R. 7567 Moves to House Floor
Date: March 4, 2026
On a partially bipartisan 34-17 vote, the House Agriculture Committee has advanced the 802-page Farm, Food, and National Security Act of 2026, a farm bill that is now headed to the House floor for a formal vote. Seven Democrats, alongside all Republican members on the committee, voted to advance the bill to the floor after a markup hearing lasting more than 20 hours, considering over 100 amendments. The Bill covers a variety of other topics, as detailed below.
Impact: Widespread. This bill contains many provisions. It includes sections on commodities, conservation, trade, nutrition, financing credits, rural development, research, forestry, energy, horticulture, regulatory reform, and crop insurance, among others. The biggest debate around this bill has been about SNAP benefits, with this current bill not including any of the Democrats’ proposed funding allocations for the program. Many congressional democrats view this Farm Bill as a first step, so it will be yet to be seen how the full House views it and if more bills are likely to emerge. Overall, I would highly urge anyone impacted by these provisions to take a look at their individual sections and explore how this bill may affect their business. For example, the bill takes strides to address food waste issues by making permanent the Composting and Food Waste Reduction Cooperative Agreements Program and increasing funding and guidance for research on food loss and waste, to name a few.
Links/Resources:
New Farm Bill Advances in House Committee: Key Impacts for Hunters and Anglers
House Agriculture Committee Advances 2026 Farm Bill
House Committee on Agriculture – The 2026 Farm Bill
House Agriculture Committee advances 2026 Farm Bill
Farm bill draft heads to House floor with food waste provisions
SNAP Restriction Waivers Increasing
Date: March 4, 2026
Four more states, Kansas, Nevada, Ohio, and Wyoming, have had their SNAP waivers approved by the USDA, bringing the total number of states with waivers to 22. These 4 new waivers all take aim at sugary drinks to exclude them from the SNAP program, with Kansas and Nevada also restricting candy eligibility. It should also be noted that last summer, Congress passed the $50 billion Rural Health Transformation Program, which was a tax and spending law that includes in its funding a consideration as to whether states have submitted SNAP waivers, further emphasizing MAHA’s role in this movement across the country.
Impact: Reaction has definitely been partisanly split. Republican lawmakers in both the impacted states and in the federal government tout these restrictions as “supporting healthier communities” and bringing the program back to its original purpose. Others, including many Democrats across the country, say that this is going to create a compliance chaos for businesses and limit consumer choice to an unacceptable extent. As the USDA has previewed that at least 8 more state SNAP waivers are in the works and a rulemaking process for SNAP is underway, it seems like many more changes to the program will be coming soon.
Links/Resources:
Food Policy Tracker- Civil Eats
USDA approves SNAP waivers for 4 more states
More states restrict what SNAP recipients can buy with food benefits
Stocking Standards Final Rule
Date: March 4, 2026
After releasing a proposed rule back in September to update food stocking standards for retailers to participate in the SNAP program, the USDA has now confirmed that a Final Rule is in the works and coming soon. Specifically, the rule will hold any retailer accepting SNAP to a higher minimum standard for stocking staple foods. This includes stocking 28 varieties of health foods, up from the previous 12 requirement, across 4 staple food programs. It will prioritize nutrient-dense foods such as vegetables, fruits, dairy, protein, and whole grains. They have also highlighted that other dietary guidelines and WIC changes are to come too.
Impact: The impact of this new rule will be quite widespread for the grocery store. With the USDA narrowing key definitions and creating new structures for foods to qualify, these impacts will be felt hardest by smaller grocery retailers, who will have to modify their offerings to be able to comply. This action will make it more difficult for some retailers to continue to accept SNAP. Additionally, there has been some pushback as the standards do not include many nutritional requirements, such that many UPFs and other foods with added calories or sugar may still qualify. Therefore, as this rule is now solidifying and taking final form, it will be important for both retailers and SNAP recipients/policymakers to reevaluate their compliance programs and reassess what they can place into their grocery baskets.
Links/Resources:
Grocery Stores Face New USDA Nutrition Requirements to Accept SNAP
USDA Announces New Partnerships to Advance MAHA Agenda
USDA’s Proposed SNAP Retailer Stocking Rule Risks Reducing Food Access for Low-Income Households
The new SNAP retailer rule falls short — but we can still fix it
$263 million USDA Food Purchase for Food Banks
Date: February 19, 2026
The USDA is using its authority under Section 32 of the Agriculture Act of 1935 to purchase $263 million worth of food and dairy products that it will distribute to food banks and nutrition assistance programs nationwide, which include for school meals. Specifically, these foods will be provided to USDA’s Food and Nutrition Services nutrition assistance programs, which include those that operate The Emergency Food Assistance Program. The foods being purchased include butter, cheese, milk, chickpeas, dried beans, pears, lentils, pecans, split peas, and walnuts.
Impact: Outside of the USDA press release, little information is available to weigh the impact of this purchase just yet. However, on its face, it appears to help both farmers, and specifically, the dairy industry, sell many of its goods as well as have the potential to be a significant addition to food bank stockpiles and school meal lunch programs. These purchases and programs have occurred before under the current administration, and in many past ones, for a variety of food items, so it seems that the current administration will be continuing this trend. Thus, I think it is fair to say we can expect to see more of these purchases in the future under the USDA’s current leadership for a whole host of products to help supply its food banks and various programs.
Links/Resources:
USDA announces $263M food purchase from US farmers
USDA to purchase $263M in agriculture products for nutrition assistance programs
*Daniel Schettini (he/him) is a second-year law student at the UCLA School of Law. Originally from Long Beach, CA, Daniel attended UCLA as an undergraduate, where he obtained a Bachelor of Arts and Science (BASc) in physiological science and political science. In law school, Daniel is a Managing Editor of the UCLA Law Review, the Treasurer of the Law School’s Student Government, the Vice-Chair of the Food Law Society, the Vice President of the Health Law Society, and the Education Chair of OUTLaw. His legal studies are predominantly focused on the intersection between food policy, the environment, and human health. After graduation, Daniel plans on working in the healthcare law sector while continuing to explore his interests in food and environmental law.
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