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| USDA/FNS | RIN: 0584-AB90 | Publication ID: Fall 1996 |
| Title: Food Stamp Program: Revisions in Retail Food Store Eligibility Criteria and in Eligibility Guidance and Program Authorization | |
| Abstract: This proposed rule sets forth changes required by provisions of the Food Stamp Program Improvements Act of 1994, Public Law 103-225, Title II, 108 Stat. 108-110 (1994). The purpose of this rule is to implement these statutory changes to the Food Stamp Act of 1977, as amended. It would revise the definition of "retail food store" to conform to the statutory changes to require that a firm must meet one of two new criteria to qualify for participation in the Food Stamp Program. One criterion focuses on the variety of staple foods for home preparation and consumption available on a continuous basis, including perishables. The second criterion requires that a firm's staple-food sales exceed 50 percent of its total gross sales. This rule also addresses the requirement in Public Law 103-225 for new procedures for providing periodic notification of eligibility and for reauthorizing participating firms. (95-003) | |
| 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 271 7 CFR 278 | |
| Legal Authority: PL 103-225 7 USC 2012 7 USC 2018 | |
Legal Deadline:
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Statement of Need: Public Law 103-225 amends the Food Stamp Act of 1977, to make changes in eligibility requirements for retail food stores to participate in the Food Stamp Program. Prior to enactment of these changes, a retail food store qualified to participate in the Food Stamp Program if more than 50 percent of its total eligible food sales were in staple foods. The new law changes that to require 50 percent of its total gross sales in staple foods. It also provides another option for stores not meeting the new 50 percent rule. Those stores can now qualify if they offer for sale, on a continuous basis, a variety of food in each of four categories of staple foods. The staple food categories are defined as "(1) meat, poultry, or fish; (2) bread or cereals; (3) vegetables or fruits; or (4) dairy products." This statutory change in eligibility will require developing policy definitions for the terms "continuous basis," "variety," and "perishable." |
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Alternatives: None. The new law also requires the Secretary to issue new rules providing for the periodic reauthorization of retail food stores and wholesale food concerns. This must include providing periodic notice of the definitions for "retail food stores," "staple foods," and "perishable foods." |
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Anticipated Costs and Benefits: The legislation requires a report to Congress assessing the impact of these changes. This report has been requested to determine the impact of Public Law 103-225 on retail food stores. It is expected to be completed and presented to the House and Senate Agriculture Committees not later than 18 months after enactment (March 25, 1994). ^PThe report must include data on (a) the number and types of stores newly authorized and (b) the number and types of stores withdrawn (denied authorization/reauthorization) from the Food Stamp Program after implementation of the new law. The report must also include a description of the procedures used and the adequacy of those procedures to determine store eligibility to participate in the Food Stamp Program and to authorize and reauthorize stores to participate. Finally, the report must assess the adequacy of the guidance provided by the Secretary to retail food stores concerning the definitions of "retail food stores," "staple foods," and "perishables," and the eligibility criteria for stores to participate in the Food Stamp Program. |
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Timetable:
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| Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
| Small Entities Affected: Businesses | |
| Included in the Regulatory Plan: Yes | |
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Agency Contact: Sharon Ackerman Agency Regulatory Officer Department of Agriculture Food and Nutrition Service Room 918, 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2246 Email: sheri.ackerman@fns.usda.gov |
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