What’s the update on SNAP Food Restrictions in Vermont?
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It’s been about a month since we last updated you on what’s happening with the state administration’s plan to roll out a policy to ban people from buying certain foods and beverages with 3SquaresVT benefits. And we have some updates after attending a public partner meeting held on Monday by the Vermont Department for Children and Families.
The most important thing to know right now is this: nothing has changed in Vermont.
Vermont has to write a proposal for this policy, including defining what foods would be banned, and send it to USDA for approval. They have not done that yet.
Nothing about shopping with 3SquaresVT has changed. Nothing about receiving 3SquaresVT as tender for grocery stores or farmers markets has changed.
Retailers do not need to be preparing now for anticipating changes, and people who get 3SquaresVT can buy groceries as they normally would.
Multi-state lawsuit challenging SNAP Food Restrictions Waiver
The National Center for Law & Economic Justice filed a lawsuit in March, challenging the legality of the SNAP Food Restrictions Waivers approved by USDA. They filed on behalf of 5 states who have already implemented the waivers (CO, IO, NA, TN, WV).
This lawsuit argues that USDA does not have the authority to approve these waivers, and is overreaching the power that belongs to Congress.
They also argue that USDA should have conducted a public comment period on this waiver because USDA is required to do so when such proposals would have a significant impact on the public (which they argue this would).
Finally, they call into question the about-face USDA has taken when considering this waiver, given that historically USDA has never accepted waiver requests from states trying to ban certain food types–this includes such requests during the first Trump Administration.
State leaders pause plan to move forward with SNAP Food Restrictions Waiver
In light of this multi-state lawsuit, the state administration has paused their progress on the SNAP Food Restrictions Waiver right now. They are going to wait and see how that resolves before moving forward. This is great news!
Hunger Free Vermont strongly supports the state Administration's decision to pause any planning of a SNAP Food Restrictions Waiver in Vermont until the results of the lawsuit are conclusive. This is a smart strategy that not only protects precious agency time, but sends a clear message to the public that Vermont is committed to taking a very methodical approach to this new, experimental, and legally questionable policy.
Because of this, the plan for a public comment period and public hearing has also been put on pause. Deputy Commissioner Gray did state that the administration plans to host an extended public comment period in the event that they move forward with this policy.
What can you do now to stay engaged in this advocacy?
We will keep you updated on the progression of the multi-state lawsuit, as well as the state’s plan moving forward. Until then, there are two actions you can take:
If you want to learn more about this policy and its impact in other states, you canregister for a free info-session on April 6th from 1-2pm via Zoom, hosted by Hunger Free Vermont and our partners at the Vermont Foodbank. We’ll share the recording & resources out after to everyone who registers.
Let us know why you care about this issue! What are your thoughts, questions, concerns? Why is it important to you that everyone have the privacy and dignity to choose the groceries that they want and need–that work for their busy schedules, dietary needs, medical conditions, and cultural values? We would love to hear from you: ienoch@hungerfreevt.org