Codi Coulter is a law student at Maryland Carey School of Law and guest contributor on this blog.
According to the United States Department of Agriculture, 13.5 million U.S. households faced food insecurity at some point in 2021. Households with children, single households, people of color, and low-income households, as well as households in cities, experienced higher rates of food insecurity, at anywhere from 12.3-26.5 percent. Food insecurity can lead to negative health outcomes, such as obesity, and developmental problems in children. The U.S. has several federal programs to address food insecurity, including the Supplemental Nutrition Assistance Program (“SNAP”).
SNAP is a nutrition program that provides benefits to low-income families and individuals to purchase food at stores. Funding for SNAP is authorized through the farm bill as an entitlement program, and the current program is set to expire in 2023. The Farm Bill Law Enterprise (“FBLE”) has released a series of recommendations to strengthen SNAP in the 2023 Farm Bill. If implemented, these recommendations are intended to improve access to food and nutrition for those who need it most.
One of FBLE’s goals is to improve SNAP policies to increase retailers’ and participants’ access to SNAP benefits. Some specific legislative opportunities include increasing recipients’ ability to use their SNAP benefits online and subsidizing delivery fees for online purchases.
Since the start of the COVID-19 pandemic, online grocery sales have skyrocketed. Online is expected to comprise around 11 percent of grocery sales this year. While the initial rise in grocery shopping online stemmed from consumers searching for a way to shop safely during the height of the pandemic, convenience has driven continued growth. Now, according to the Food Industry Association (FMI), rising inflation is increasing consumers’ desire to shop online. Online shopping allows consumers to more easily compare prices, search for deals, and see their full cart before checking out. These features make online shopping attractive to consumers who are budgeting.
While a large portion of online grocery shopping is made up of pick-up orders, delivery provides several benefits for consumers. Not only is delivery convenient and time-saving, it is an important tool for getting nutritious food into food deserts. With more than 18 percent of households receiving SNAP benefits located within census tracts that meet USDA’s definition of a food desert, it is imperative to increase food access in those areas. The good news: 93 percent of urban food desert census tracts have full access to online delivery. That means that grocery delivery is a valuable option for SNAP recipients in those census tracts.
The 2014 Farm Bill launched an online delivery pilot program for SNAP recipients. This program allows retailers to accept SNAP payments for online purchases. However, SNAP benefits cannot be used for delivery or other service fees. In addition, the bulk of retailers who currently accept SNAP are large national retailers. This limits the ability for SNAP to support local economies through online purchases and reduces access to culturally relevant foods for consumers who would prefer to use their benefits online.
Online grocery shopping, and especially grocery delivery, provide convenience and increased food access for SNAP recipients. Expanding access to these services through bringing in small, local retailers and subsidizing delivery fees can achieve SNAP’s objectives to address food insecurity while supporting local economies. Congress should build on lessons learned through the online delivery pilot program and requirements that were relaxed during the pandemic to reduce the administrative burden on states and participants to use SNAP for online grocery shopping and delivery. The 2023 Farm Bill should include technical assistance for small, local retailers to accept SNAP benefits online. In addition, Congress should authorize SNAP funding to cover at least some grocery delivery fees.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
