The state Department of Human Services has announced that SNAP recipients in four specific counties affected by flooding can temporarily use their benefits to buy hot, prepared foods.
The allowance for the Supplemental Nutrition Assistance Program applies specifically to Lewis, Pleasants, Ritchie and Upshur counties through late September.
The initiative follows a federal disaster declaration triggered by severe summer storms and flooding that damaged homes and disrupted power supplies July 21 and 22. It’s meant to ensure food security for vulnerable populations during ongoing recovery efforts.
While federal law typically prohibits the purchase of warm meals with food stamps, the emergency waiver is meant to provide flexibility for residents who are unable to cook for themselves.
The waiver was approved Friday by the U.S. Department of Agriculture’s Food and Nutrition Administration. The waiver is authorized under Section 412 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and Section 5(h)(1) of the Food and Nutrition Act of 2008. DoHS may request an extension of the waiver if conditions warrant additional relief.
Although the state has authorized the transactions, local retailers may require a short period to update their payment systems for the new rules.
Last year, West Virginia officials sought a broader waiver for what’s eligible for purchases through SNAP. State officials wanted to eliminate eligibility for sugary drinks like soda but broaden use for foods considered hot, healthy and ready-made.
Those waiver requests would have applied to all counties, while the allowance announced on Friday is just for the four recovering from flood conditions.
Last August, federal officials approved West Virginia’s request to stop SNAP benefits from being used to buy soda pop.
Then, a couple of months ago, a U.S. District judge ruled that the federal government exceeded its legal authority when it approved waivers for states like West Virginia barring participants from buying foods such as candy and soda through the food assistance. West Virginia formally paused its ban on using SNAP for soda.
The waiver request for hot, ready-made foods, which was split off as a separate possibility, did not seem to have a definitive outcome so much as a fade away. The most likely roadblock was likely federal law that specifically prohibits SNAP benefits from being used for hot food products ready for immediate consumption.
The statute defines food for the Supplemental Nutrition Assistance Program as any food product for home consumption, except, specifically, alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption.