USDA files notice of appeal in SNAP waiver case
Sept. 8, 2026
By Mary Hightower
University of Arkansas Division of Agriculture
Fast Facts
- Federal court ruling affects Colorado, Iowa, Nebraska, Tennessee, West Virginia
- Arkansas SNAP waiver not affected by ruling, goes into effect July 1
- Arkansas waiver limits candy and soda purchases with SNAP benefits cards
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FAYETTEVILLE, Ark. — The U.S. Department of Agriculture filed a notice of appeal after a federal judge struck down waivers in five states that excluded purchases of candy, soda and other items from the Supplemental Nutrition Assistance Program, known as SNAP.
USDA filed the notice of appeal on Thursday in the U.S. District Court for the District of Columbia.
In June’s ruling, U.S. District Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia cited concerns over the definition of “food” and whether administrative procedures were followed. Her ruling came in a suit filed by five SNAP recipients that targeted waivers in Colorado, Iowa, Nebraska, Tennessee and West Virginia.
The ruling did not affect Arkansas, which has a waiver prohibiting SNAP recipients from using their electronic benefits cards to purchase candy, soda and certain other items. The Arkansas waiver does not prevent recipients from buying those items with their own money, however.
Emily Stone, staff attorney for the National Agricultural Law Center said further legal action shouldn’t be ruled out.
“The success of this challenge might provide a roadmap for other state waivers to be challenged,” she said.
While SNAP is administered by both USDA and states, in this joint-administration, USDA has the authority to determine what foods are eligible under SNAP, which provides food benefits to low-income families to supplement their grocery budget. States are authorized to determine who is eligible. The Food and Nutrition Act is the law that authorizes USDA to regulate SNAP. Thus, USDA determined that food products that meet FNA’s definition of food is what is eligible for SNAP benefits.
The waivers, which have been granted to 23 states by USDA since 2025, give states the authority to change the SNAP eligibility of certain foods. Proponents say the waivers will support healthy food choices by SNAP recipients.
Jackson ruled that U.S. Agriculture Secretary Brooke Rollins overstepped her authority by approving waivers not “related to the administrative and logistical efficiency” of the SNAP program, but focused “on banning certain products, such as soda or candy, to tackle the health, nutrition and obesity issues prevalent in the low-income population.”
“The secretary purports to waive not just a mere administrative or technical obstacle, but the very definition of ‘food’ as it was laid down by Congress,” the judge wrote in her ruling.
Waiver authority
Stone said the USDA has determined that SNAP benefits may only be used to purchase products that meet the Food and Nutrition Act’s definition of food.
Under 7 U.S.C. § 2026(b), the head of USDA may grant waivers to states to conduct experimental or pilot projects on a trial basis to increase the efficiency of SNAP.
“In their waivers, these states asked USDA to waive the statute's definition of food so they could add other stipulations to what meets that definition,” Stone said. “For example, Nebraska's request sought to exclude soft drinks and energy drinks from the definition of food.
For more information on state SNAP waivers, see Court Rules SNAP Waivers Violate APA.
For more information about the NALC, visit NationalAgLawCenter.org and subscribe to receive NALC communications, including webinar announcements, the Quarterly Newsletter and The Feed.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas Division of Agriculture and works in close partnership with the National Agricultural Library, a subsidiary of the USDA’s Agricultural Research Service. For information about the NALC, visit nationalaglawcenter.org. The NALC is also on X, Facebook and LinkedIn as @nataglaw. Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.
About the Division of Agriculture
The University of Arkansas Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land-grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.
Pursuant to 7 CFR § 15.3, the University of Arkansas Division of Agriculture offers all its Extension and Research programs and services (including employment) without regard to race, color, sex, national origin, religion, age, disability, marital or veteran status, genetic information, sexual preference, pregnancy or any other legally protected status, and is an equal opportunity institution.
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Media Contact:
Nick Kordsmeier
nkordsme@uada.edu