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| USDA/FNS | RIN: 0584-AD78 | Publication ID: Fall 2008 |
| Title: FSP: Administrative Sanctions Imposed Against Violating Electronic Benefits Transfer (EBT) Stores | |
| Abstract: The United States Department of Agriculture, Food and Nutrition Service (FNS), is proposing to revise section 278.6 of the Food Stamp Program Regulations entitled Disqualification of Retail Food Stores and Wholesale Food Concerns, and Imposition of Civil Money Penalties In Lieu Of Disqualifications. This section of the regulation is being revised as result of the implementation of the Electronic Benefits Transfer (EBT) system. This section of the regulations addresses the administrative sanctions (i.e., imposing a period of disqualification or assessing a monetary penalty) that may be imposed by FNS against retail food stores and wholesale food concerns that are found violating the Food Stamp Program. Background EBT is an electronic system that allows a food stamp recipient to authorize transfer of their Government benefits from a Federal account to a retailer account to pay for eligible food items. All States, the District of Columbia, Virgin Islands, Guam, and Puerto Rico have operational food stamp EBT systems. All food stamp benefits are being issued by EBT. Approximately, 162,000 retail food stores are authorized to accept food stamp benefits. One of the benefits of EBT is that it helps curb food stamp fraud committed by retail food stores. EBT creates an electronic record of each food stamp transaction, making it easier to identify and document instances where food stamp benefits are being illegally obtained (i.e., food stamp benefits being exchanged for cash or non-food items) by retail food stores. Proposed Regulation FNS is continuing to improve using EBT data efficiently to detect and pursue abuse. Section 278.6 of the Food Stamp regulations, however, does not thoroughly address the actions/sanctions that FNS may impose against retail food stores that are found violating the program via the EBT system. Since the inception of EBT, FNS has discovered that food stores have departed from some of the conventional methods of committing food stamp fraud and have devised new and innovative ways to commit fraud using the EBT system. Hence, section 278.6 of the Food Stamp Program regulations must be revised in order to address the administrative sanctions that may be imposed by FNS against EBT stores found violating the program. In addition to providing for EBT specific sanctions, FNS will conduct a comprehensive review of existing regulatory sanctions for conventional fraud and will make regulatory changes that are warranted and appropriate. (05-007) | |
| Agency: Department of Agriculture(USDA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 7 CFR 278.6(e) | |
| Legal Authority: sec 12 of the Food Stamp Act | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: James F Herbert Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2572 Email: james.herbert@fns.usda.gov |
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