Regulatory Review Specialist

0584-AE27 201610 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

The final rule will address the criteria used to authorize retail food stores for redemption of SNAP benefits.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 7 CFR 271.2 7 CFR 278.1 3 U.S.C. 2012 9 U.S.C. 2018 Yes

The Agricultural Act 2014 (2014 Farm Bill) amended the Food and Nutrition Act of 2008 to increase the required amount of food that certain SNAP authorized retail food stores have available on a continual basis from at least three varieties of items in each of four staple food categories to a mandatory minimum of seven varieties. The 2014 Farm Bill also amended the Act to increase the minimum number of categories in which perishable foods are required from two to three. This rule codifies these mandatory requirements. Further, the rulemaking addresses depth of stock, redefines staple and accessory foods, and amends 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) prohibits 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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Alternative approaches to several discretionary provisions are being considered based on commenter feedback on the proposed rule.

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The 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 02/17/2016 81 FR 8015 NPRM Comment Period End 05/18/2016 Final Action 11/00/2016 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