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Changes how hot, ready-to-eat foods are treated under SNAP by explicitly counting hot foods as part of "consumption" while also limiting eligibility for retailers by prohibiting more than 50% of a retailer’s gross sales from being from ready-to-eat hot foods. The change clarifies that hot prepared foods fall within program definitions but places a sales-share cap intended to restrict which food sellers can participate as SNAP retailers.
Amend subsection (k)(1) by striking the phrase "consumption except alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this subsection" and inserting "consumption, including hot foods or hot food products ready for immediate consumption and excluding alcoholic beverages, tobacco".
In subsection (o)(1), in the matter preceding subparagraph (A), strike "and consumption" and insert "or home or immediate consumption".
In subsection (o)(1), subparagraph (A) is revised: the subparagraph designation and its text are replaced to begin with a new (A)(i) that "offers;" the new clause (i) is ended with "and"; and a new clause (ii) is added stating "of which not more than 50 percent of the total gross sales are from hot foods or hot food products ready for immediate consumption; or; and".
In subsection (q)(2), replace the existing text so the list "include— (A) accessory;" appears, modify subparagraph (A) by replacing the final period with "; and", and add a new subparagraph (B) that reads "hot foods or hot food products ready for immediate consumption."
Who is affected and how:
SNAP participants / recipients: The change makes clear that hot ready-to-eat foods are covered by the definition of "consumption," but it may reduce local access to SNAP-eligible hot prepared foods if vendors who sell mainly ready-to-eat hot foods exceed the 50% sales cap and are treated differently or become ineligible to accept SNAP. This could be most noticeable in areas where prepared-food vendors (delis, takeout-focused stores, food trucks) are common access points for meals.
Retailers and food vendors: Grocery stores, convenience stores, delis, food trucks, and other sellers of prepared hot foods will be directly affected. Businesses whose ready-to-eat hot food sales exceed 50% of gross sales may need to change their product mix, reporting, or business model to retain favorable SNAP treatment or acceptance status.
SNAP program administrators (federal/state agencies): Agencies will need to apply the new statutory definitions and enforce the 50% gross-sales limit. That creates administrative tasks: determining how to measure and verify gross sales composition, updating retailer agreement forms, and issuing guidance for enforcement and appeals.
Low-income communities: Communities that rely heavily on prepared-food vendors for meals (including areas with limited full-service grocery availability) could see reduced storefronts that accept SNAP for prepared meals, potentially affecting food access for people without cooking facilities or time.
Overall effect: The amendment tightens statutory clarity about hot foods while introducing a sales-share threshold that may narrow the set of vendors eligible under existing SNAP rules. There is no direct funding in this text; effects come through changes in retailer eligibility, administrative burden for enforcement, and potential shifts in consumer access to ready-to-eat hot foods via SNAP.
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced March 31, 2025 by Michael F. Bennet · Last progress March 31, 2025
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Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate