Does Food Stamps Pay For Hot Food? A Complete Guide To SNAP Rules And Exceptions

It is a common scene in grocery stores across the country: a busy parent, an older adult, or someone simply short on time stands before a display of warm, ready-to-eat food, like a rotisserie chicken or a container of hot soup. With a Supplemental Nutrition Assistance Program (SNAP) Electronic Benefit Transfer (EBT) card in hand, a simple question arises: Can these benefits be used to buy this meal?

The direct answer to this question is, as a general rule, no. Federal regulations for SNAP, the nation’s largest food assistance program, typically prohibit the purchase of foods that are sold hot. However, this straightforward rule comes with a complex and evolving set of exceptions that are critical for recipients to understand. For millions of Americans, especially those who are elderly, have a disability, or are experiencing homelessness, these exceptions can be a lifeline.

This report provides a comprehensive guide to navigating the rules around purchasing hot food with SNAP benefits. It will explain the “no hot foods” rule in detail, explore the crucial distinction between hot and cold prepared foods, and provide an in-depth look at the two major exceptions: the state-run Restaurant Meals Program (RMP) and temporary waivers issued during natural disasters. Finally, it will examine the ongoing push for legislative change that could permanently alter this long-standing policy for all SNAP recipients.

The “No Hot Foods” Rule: What It Is and Why It Exists

The foundation of what can and cannot be purchased with SNAP benefits is the Food and Nutrition Act of 2008. This law, administered by the U.S. Department of Agriculture (USDA), defines eligible food as “any food or food product for home consumption”. From this definition stems the long-standing prohibition against buying “foods that are hot at the point of sale”. This rule has been a part of the program since the 1970s and is rooted in the original intent of food stamps: to supplement a household’s grocery budget for meals that are prepared and eaten at home.

The USDA provides specific guidance on what this means in practice. Foods sold hot are ineligible regardless of who heats them. This includes items that a retailer cooks on-site and sells warm, as well as items that a customer might purchase cold and have heated by the retailer, a model sometimes called “you-buy-we-fry”.

A clear list of items that are generally prohibited for purchase with SNAP benefits includes:

Hot rotisserie or fried chicken from a deli
Hot coffee, tea, or other heated beverages
Hot soup, chili, or items from a prepared foods bar
Pizza sold by the slice or whole if it is hot when sold
Any food meant to be eaten in the store or on the premises

The Crucial Distinction: Hot vs. Cold Prepared Foods

A key point of confusion for many SNAP recipients is the distinction between hot prepared foods and cold prepared foods. While the rules strictly forbid the purchase of items that are hot when sold, they generally allow the purchase of prepared foods that are sold cold. These items are considered eligible because they are intended to be taken home for consumption, even if they require no further cooking.

This distinction opens up a wide range of convenient food options for SNAP households. Eligible cold prepared items typically include:

Cold deli sandwiches, subs, and wraps
Pre-made salads, salad kits, and items from a cold salad bar
Cold pre-cooked chicken (often the same rotisserie chicken from the previous day, now chilled and repackaged)
Deli items sold by weight, such as potato salad, coleslaw, or sliced meats and cheeses
Uncooked “take-and-bake” pizzas
Grocery store sushi

This rule creates what many policy advocates call the “Rotisserie Chicken Paradox”. A SNAP recipient cannot buy a $7 hot rotisserie chicken from the deli counter. However, they can often buy an identical, pre-cooked rotisserie chicken that has been chilled and placed in the refrigerated section for the same price.

The eligibility of the exact same food product is determined solely by its temperature at the point of sale. This administrative line, drawn to uphold the principle of “home consumption,” is seen by critics as arbitrary and out of touch with the realities of modern life, especially for individuals who may lack the time or facilities to reheat a cold meal.

Further complicating the regulatory landscape is how these foods are classified for retailers. To become a SNAP-authorized retailer, a store must meet one of two criteria: stock a minimum variety and depth of “staple foods” across four categories (fruits/vegetables, meat/poultry/fish, dairy, and breads/cereals), or derive more than 50% of its total gross sales from those staple foods. The USDA explicitly states that while cold prepared foods like sandwiches and salads are eligible for purchase with SNAP benefits, they are not considered staple foods for the purpose of determining a store’s eligibility to participate in the program.

This creates a subtle but significant challenge. A small deli or convenience store that primarily sells eligible cold prepared foods might find it difficult to meet the threshold to become a SNAP-authorized retailer in the first place, because its main products do not count toward the staple food inventory requirement. This regulatory nuance can limit the number of accessible food outlets for SNAP recipients, particularly in urban areas or food deserts where such stores are common.

The Biggest Exception: The Restaurant Meals Program (RMP)

The most significant exception to the “no hot foods” rule is the Restaurant Meals Program (RMP). The RMP is a state-level option that allows specific, vulnerable populations to use their SNAP EBT cards to purchase prepared meals—including hot food—at authorized restaurants. This program is designed as a critical lifeline for individuals who may be unable to prepare meals for themselves or who lack a permanent residence with adequate facilities for storing and cooking food.

Who is Eligible for the RMP?

The RMP is not available to all SNAP recipients. Federal guidelines restrict eligibility to households where all members fall into one of the following three categories :

Adults aged 60 or older (and their spouses, who do not have to meet the age requirement themselves)
People with disabilities (defined as individuals receiving federal disability or blindness payments, or disability retirement benefits from a government agency for a permanent disability, along with their spouses)
People experiencing homelessness (defined as lacking a fixed and regular nighttime residence, including those in shelters or temporarily staying with others)

How the RMP Works for Recipients

For those who qualify, accessing the RMP is a relatively seamless process.

Automatic Enrollment: There is no separate application for the RMP. State SNAP agencies automatically identify eligible households based on the information in their case files (age, disability status, or homelessness).
The Coded EBT Card: The EBT cards of eligible recipients are specially coded by the state. When the card is swiped at a participating restaurant, its point-of-sale (POS) terminal is programmed to recognize the code and approve the transaction. If an EBT card from a non-eligible household is used, the transaction will be automatically declined.
Finding Restaurants: Participating restaurants are required to display a sign, often featuring a “Fork & Knife” logo and text like “Participating Restaurant: SNAP Restaurant Meals Program”. States also maintain official online lists or interactive maps of all approved restaurants.
Potential Discounts: Some states build additional consumer protections into their programs. For example, Illinois and New York require participating restaurants to offer RMP customers a 10% discount on their meals.

State-by-State Guide to the SNAP Restaurant Meals Program (RMP)

The RMP is a state option, meaning not every state has chosen to implement it. The availability and scope of the program vary significantly across the country. The following table provides a quick overview of the states that currently operate an RMP.

State	Program Status	How to Find Participating Restaurants
Arizona	Statewide	The state provides an official, updated list of restaurants organized by city.
California	Statewide	The program is available statewide, with counties opting in to approve local restaurants. The state provides official maps and lists.
Illinois	County-Specific	The program is currently limited to Cook and Franklin Counties. The state provides a list of approved restaurants in those areas.
Maryland	Statewide	The state provides an official list of participating restaurants, which can be sorted by county.
Massachusetts	Statewide	The program is available statewide and is the first to officially include food trucks. The state maintains an official list of approved vendors.
Michigan	Statewide	The program is available statewide with a stated goal of having participants in every county. The state provides a regularly updated list.
New York	Statewide (Phased Rollout)	After a successful pilot, the program is expanding statewide. The state provides a list of participating restaurants by county and NYC borough.
Rhode Island	Statewide	The program is available statewide, though participation appears to be primarily limited to specific chains like Subway.
Virginia	Statewide	The program is authorized statewide, but official sources note that restaurant participation remains low.

Detailed State-by-State Breakdown

Arizona: Arizona operates a robust, statewide RMP. A wide variety of restaurants participate, including national fast-food chains like Burger King, Jack in the Box, Subway, and Carl’s Jr., as well as local pizzerias and other establishments in cities from Phoenix to Tucson and Flagstaff.
California: California has one of the most extensive programs. Initially a pilot in a few counties, it was expanded statewide by Assembly Bill 942, effective September 2021. While the program is statewide, individual restaurants must still be approved at the local level. The state provides comprehensive resources, including maps and county-by-county lists of participating vendors.
Illinois: The RMP in Illinois is currently limited to two counties: Cook County (which includes Chicago) and the more rural Franklin County. In Chicago, participants include local establishments like BJ’s Market & Bakery and S2 Express Grill, demonstrating a focus on community-based partners.
Maryland: Maryland’s statewide program includes a mix of fast-food chains like KFC and Burger King, as well as local delis and seafood shacks across various counties, including Baltimore, Prince George’s, and Montgomery.
Massachusetts: A leader in innovation, Massachusetts operates a statewide RMP that was the first in the nation to formally include food trucks. The state’s Department of Transitional Assistance has intentionally partnered with small, local businesses to ensure culturally diverse and neighborhood-rooted food options are available.
Michigan: Michigan launched its statewide RMP in 2021 with the goal of providing service in every county. The program has grown to include over 300 restaurants and serves a large eligible population of seniors, residents with disabilities, and those experiencing homelessness.
New York: New York is one of the newest states to implement the RMP. After Governor Hochul signed the authorizing legislation in 2021, the program began as a pilot in Monroe County in late 2023 and expanded to New York City in 2024. It is now in the process of a full statewide rollout.
Rhode Island: Rhode Island offers a statewide RMP. However, available information suggests that participation is currently concentrated in a limited number of chain restaurants, primarily Subway locations across several cities.
Virginia: Virginia authorized a statewide RMP in 2020. While the framework is in place, reports indicate that actual restaurant enrollment has been very low. As of mid-2024, only a handful of restaurants were participating, highlighting a significant gap between legislative intent and practical implementation.

The varied success of the RMP across states reveals that it is far more than a simple benefit. It is a complex public-private partnership. The path for a restaurant to participate involves multiple steps: the state must first opt into the program, then the state agency must create a process and sign a formal agreement (Memorandum of Understanding) with the restaurant, and finally, the restaurant must apply separately to the USDA for federal authorization and secure the correct EBT processing equipment.

This administrative friction can create significant hurdles. The contrast between states with robust programs like California and Michigan and those with lagging implementation like Virginia shows that the program’s real-world value depends heavily on a state’s commitment to outreach and its ability to recruit private business partners.

When Disaster Strikes: Buying Hot Food with D-SNAP

The second major exception to the “no hot foods” rule occurs in the aftermath of a natural disaster. In these emergency situations, the federal government can temporarily waive the restriction, allowing all SNAP recipients in an affected area to purchase hot, prepared foods. This is a separate and distinct process from the RMP.

The Process of Activation

This temporary waiver is not automatic. A specific sequence of events must occur for it to be activated :

A Major Disaster Occurs: The event must be significant, such as a hurricane, wildfire, tornado, or severe storm, causing widespread disruption.
A Presidential Disaster Declaration is Issued: The President must declare the event a major disaster and, crucially, authorize “Individual Assistance” for the affected region. This federal declaration is the necessary trigger.
The State Submits a Waiver Request: The state’s social services agency must formally request that the USDA’s Food and Nutrition Service (FNS) waive the hot foods prohibition for the disaster area.
FNS Grants Approval: If approved, FNS authorizes the waiver for a specific list of counties and for a limited time, typically a few weeks to a month, though it can be extended.

This waiver generally applies to all existing SNAP households in the designated counties. It often runs concurrently with the Disaster Supplemental Nutrition Assistance Program (D-SNAP), which provides short-term food benefits to low-income households that are not normally eligible for SNAP but have incurred disaster-related expenses, such as lost income or property damage.

Real-World Examples

These waivers are a regular part of the federal disaster response. Recent examples include:

Wildfires in California: FNS approved hot food waivers for residents in multiple counties, including Los Angeles, Kern, and San Bernardino, following destructive wildfires and related power shutoffs.
Severe Storms in Texas: In May 2024, Texas received federal approval to allow SNAP recipients in 50 counties impacted by severe storms to purchase hot foods and ready-to-eat meals.
Hurricanes in the Southeast: Following hurricanes, D-SNAP operations and hot food waivers have been activated in states like Georgia, South Carolina, and Louisiana to help families who lost food due to power outages or were displaced from their homes.

The existence of this disaster waiver mechanism highlights a fundamental tension within SNAP policy. The standard rule is based on the idea that recipients have the means for home preparation. However, by granting these waivers, the government acknowledges that when circumstances make home cooking impossible—such as a power outage or a damaged kitchen—access to hot, prepared food becomes a necessity, not a luxury.

This logic forms a powerful pillar of the argument for broader reform. Advocates point out that many vulnerable individuals, such as those experiencing homelessness or severe disability, face “disaster-like” conditions every day, making a permanent solution necessary.

The Push for Change: The Hot Foods Act

Frustration with the “Rotisserie Chicken Paradox” and the limitations of the existing exceptions has led to a bipartisan legislative effort to permanently change the rule. This effort is embodied in the Hot Foods Act (H.R. 3519 / S. 2258), a bill that seeks to modernize SNAP for all recipients.

What the Act Would Do

The Hot Foods Act proposes a simple but profound change: it would amend the Food and Nutrition Act to remove the clause that prohibits the purchase of “hot foods or hot food products ready for immediate consumption”. If passed, this would allow all SNAP recipients to use their benefits to buy hot prepared foods from authorized SNAP retailers, such as grocery and convenience stores.

This is different from the RMP in two key ways:

It would apply to all SNAP recipients, not just the elderly, disabled, or homeless.
It would apply at authorized food retailers, not necessarily at restaurants (unless they are also authorized SNAP retailers).

The Arguments for Change

Sponsors and supporters of the bill, a coalition that includes anti-hunger organizations like Feeding America and retail groups like the National Association of Convenience Stores (NACS), make several key arguments :

Modernizing an Outdated Rule: The ban was enacted in the 1970s and fails to reflect the realities of the modern food system and how American families, including those with low incomes, eat today.
Addressing “Time Poverty”: Many SNAP recipients work multiple jobs or long hours and lack the time to prepare meals from scratch. Hot prepared foods offer a convenient and often nutritious alternative.
Promoting Equity and Dignity: The bill would give families using SNAP the same choices and flexibility that other consumers enjoy, allowing a working parent to pick up a hot, healthy meal for their family on the way home.
Supporting Vulnerable Groups: While the RMP helps some, the Hot Foods Act would provide a universal solution for all individuals who lack access to adequate cooking or storage facilities.

The push for the Hot Foods Act exists within a larger policy debate about the purpose of SNAP. While some seek to expand flexibility, others have advocated for greater restrictions on what can be purchased, such as excluding sugary drinks and candy, to improve the program’s nutritional outcomes. This places the Hot Foods Act at a philosophical crossroads for the program. Its fate will signal whether SNAP’s future identity leans more toward being a flexible anti-hunger tool designed for modern life or a more restrictive nutrition program focused on encouraging at-home cooking.

Current Status

The Hot Foods Act was introduced in both the U.S. House of Representatives (H.R. 3519) and the Senate (S. 2258) in 2023. As of late 2023, both versions of the bill were referred to their respective Committees on Agriculture, where they await further action. They have not yet been voted on by the full House or Senate.

Conclusion: Navigating the Rules Today and Tomorrow

The question of whether SNAP benefits can be used to purchase hot food is a prime example of how a simple policy question can have a deeply complex answer. While the general rule is clear, the exceptions are vital and can make a significant difference in the lives of millions of Americans.

To summarize the key takeaways:

The General Rule: No, you generally cannot use SNAP benefits to buy food that is hot at the point of sale from a grocery store or deli.
The Cold Food Exception: Yes, you can almost always use SNAP to buy cold prepared foods, such as deli sandwiches, salads, and chilled pre-cooked chicken.
The Restaurant Meals Program (RMP) Exception: If you live in a participating state and your entire household is elderly, disabled, or experiencing homelessness, you may be automatically eligible to use your EBT card at approved restaurants. It is essential to check your state’s specific program status and list of participating vendors.
The Disaster Exception: In the event of a presidentially declared disaster, your state may receive a temporary waiver allowing all SNAP recipients in the designated area to purchase hot foods for a limited time.

Understanding these rules empowers SNAP recipients to maximize their benefits and access food in a way that best suits their circumstances. As policymakers continue to debate the future of the program through legislation like the Hot Foods Act, the line between what is considered a grocery item and a prepared meal may continue to evolve, potentially bringing this 1970s-era rule more in line with the realities of the 21st century.