State Policies and Waivers to Amend Supplemental Nutrition Assistance Program-Eligible Food in 2025.

INTRODUCTION:Only Congress can amend the statutory definition of eligible food for the Supplemental Nutrition Assistance Program, but states are actively engaged on this topic. The aim of this study was to identify state strategies to address Supplemental Nutrition Assistance Program-eligible food and inform future Supplemental Nutrition Assistance Program policy. METHODS:Using Lexis+, a legal research platform, in 2025 and 2026, state strategies-including legislative actions (bills and laws) and executive orders and U.S. Department of Agriculture state waivers-to restrict Supplemental Nutrition Assistance Program-eligible foods in 2025 were identified. Data were evaluated in 2026. RESULTS:In 2025, 31 states engaged in relevant activities. There were 40 unique policies that sought to exclude: sugar-sweetened beverages and candy (12 bills, 3 laws, 3 executive orders); sugar-sweetened beverages, candy, snacks, and/or prepared desserts (7 bills); sugar-sweetened beverages (3 bills, 1 law, 1 executive order); food based on broad nutrition criteria (4 bills, 1 executive order); ultraprocessed food (1 bill, 1 law, 1 executive order); and specific additives (2 bills). One law included evaluation requirements. In 2025, U.S. Department of Agriculture granted 18 state waivers to exclude sugar-sweetened beverages and candy (n=9); sugar-sweetened beverages (n=6); and sugar-sweetened beverages, candy, snacks, and/or prepared desserts (n=3); all of which contained evaluation requirements. CONCLUSIONS:The majority of state activity focused on sugar-sweetened beverages and candy. Although bills were proposed by states with diverse political party make-ups, activities with the force of law (laws, executive orders, and U.S. Department of Agriculture waivers) were predominantly passed or issued by Republican trifectas (when the governor and both legislative houses are of the same political party), with 2 waivers granted to Democratic trifectas. The waivers' evaluation requirements are essential to understanding the impacts of Supplemental Nutrition Assistance Program food-eligibility exclusions.