Last month, NACS and dozens of members of the convenience store industry filed comments on a proposal by the Food and Nutrition Service (FNS) to update the definition of “variety” of food in the Supplemental Nutrition Assistance Program (SNAP). NACS supported the agency’s proposed expanded definition because it would make it easier for retailers to participate in the program, ensuring the greatest access to food for SNAP beneficiaries.

As “variety” is currently defined, small format retailers, like convenience stores, would have to stock things like exotic cheeses, rare meats and poultry to meet the SNAP eligibility requirements. Congress recognized that the narrow definition of “variety” wouldn’t work for retailers, especially when their eligibility requirements jump from three to seven varieties of food in the four staple-food groups. As such, Congress delayed the rules from taking effect until the agency published an expanded definition of “variety” that is workable for small format stores.

As 'variety' is currently defined, c-stores would have to stock things like exotic cheeses and rare meats to meet SNAP eligibility requirements.

In April, FNS published its proposed definition of “variety,” seeking to expand the items in the (1) dairy, (2) meat, poultry or fish and (3) bread or cereal categories.

In dairy, retailers would be allowed to count one full-fat and one reduced-fat cow’s milk. Additionally, retailers would be allowed to count one full-fat and one reduced-fat cow’s yogurt. These allowances would be a significant stride toward greater flexibility, since most American’s eat cow’s milk dairy products. Under the current definition, a retailer is only allowed to count one cow’s milk and one cow’s yogurt.

The agency also proposes to allow retailers to count two additional cheeses. Under the plan, a retailer would be allowed (1) fresh cheese (e.g., cream cheese), (2) semisoft cheese (e.g., Munster cheese), (3) hard cheese (e.g., Swiss cheese) and (4) cheese-based product (e.g., jarred Alfredo pasta sauce). NACS supports the proposed changes, especially given that most of the dairy items are perishable. If it’s not something customers would buy, a retailer would have to sacrifice valuable cooler space for a product that wouldn’t sell. These proposed changes allow c-store retailers to stock foods that they can easily get from a distributor and that their customers want to buy.

In the meat, poultry or fish category, retailers would be allowed to count one perishable and one shelf-stable item per species (e.g., a can of tuna and a frozen tuna dinner or sliced ham and a can of pork sausages). These changes ensure that retailers can stock the types of meats, poultry and fish that Americans are eating regularly, as opposed to rare meats and poultry, such as lamb, goat and duck.

In the breads and cereals category, FNS would expand the number of wheat-based varieties a retailer can count. For instance, the agency would consider wheat-based Indian flatbreads, wheat-based crescent breads and wheat-based matzah as different varieties. It also would count a 100% whole grain product and a less-than-100% whole grain product as two separate varieties.

Ultimately, NACS supports FNS’s proposed expansion of “variety.” However, it’s important to note the proposed changes are far from final. Many public comments were filed with the agency, including dozens from the convenience store industry. FNS will now review and consider all public comments as it writes its final definition of “variety,” which NACS anticipates will be published later this year.