0584-AE27 201410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0584 Food and Nutrition Service FNS 0500 Department of Agriculture USDA Enhancing Retailer Eligibility Standards in SNAP

This rulemaking will address the criteria used to authorize redemption of SNAP benefits (especially by restaurant-type operations).

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 7 CFR 271.2 7 CFR 278.1 sec 3, USC 2012 sec 9, USC 2018 Yes

The 2014 Farm Bill amended the Food and Nutrition Act of 2008 to increase the requirement that certain SNAP authorized retail food stores have available on a continual basis at least three varieties of items in each of four staple food categories to a mandatory minimum of seven. The 2014 Farm Bill also amended the Act to increase for certain SNAP authorized retail food stores the minimum number of categories in which perishable foods are required from two to three. This rule would codify these mandatory requirements.  Further, using existing authority in the Act and feedback from an expansive Request for Information, the rulemaking also proposes changes to address depth of stock, redefine staple and accessory foods, and amend the definition of retail food store to clarify when a retailer is a restaurant rather than a retail food store.

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Section 3(k) of the Food and Nutrition Act of 2008 (the Act) generally (with limited exception) (1) requires that food purchased with SNAP benefits be meant for home consumption and (2) forbids the purchase of hot foods with SNAP benefits. The intent of those statutory requirements can be circumvented by selling cold foods, which may be purchased with SNAP benefits, and offering onsite heating or cooking of those same foods, either for free or at an additional cost. In addition, Section 9 of the Act provides for approval of retail food stores and wholesale food concerns based on their ability to effectuate the purposes of the Program.

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Because this proposed rule is under development, alternatives are not yet articulated.

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The proposed changes will allow FNS to improve access to healthy food choices for SNAP participants and to ensure that participating retailers effectuate the purposes of the Program. FNS anticipates that these provisions will have no significant costs to States.

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None identified.

]]> NPRM 08/00/2015 No State No No No No Charles Watford H. Regulatory Review Specialist 0584 Food and Nutrition Service FNS 703 605-0800 charles.watford@usda.gov 1320 Braddock Place, Alexandria VA 22314 Lynnette Thomas M. Chief, Planning and Regulatory Affairs Branch 0584 Food and Nutrition Service FNS 703 605-4782 lynnette.thomas@fns.usda.gov 3101 Park Center Drive, Alexandria VA 22302