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The Agricultural Act of 2014 amended the Food and Nutrition Act of 2008 to increase the requirement that certain Supplemental Nutrition Assistance Program (SNAP) authorized retail food stores have available on a continuous basis at least three varieties of items in each of food staple food categories, to a mandatory minimum of seven varieties.  This final rule would provide some retailers participating in SNAP as authorized food stores with more flexibility in meeting the enhanced SNAP eligibility requirements while also simplifying the criteria.

Statement of Need:

This final rule refines the eligibility requirements for retailers participating in the SNAP program. The updated standards implement the Agricultural Act of 2014 by increasing the minimum number of varieties for food staples from three to seven. These changes aim to ensure that authorized retailers can effectively serve the intended population of SNAP participants by offering a wider variety of staple foods. The rule also provides some flexibility for retailers while simplifying the overall criteria.

Summary of the Legal Basis:

Alternatives:

There are no known alternatives that implement the enhanced stocking requirements of Pub. L 113-79 in ways that are practical and flexible for SNAP-authorized retailers.

Anticipated Costs and Benefits:

Benefits: The proposed rule will increase the variety of staple food products offered for sale at SNAP-authorized firms, which will help to ensure that SNAP households have access to healthier foods on a continuous basis.

Costs: The Department has estimated the proposed rule's total cost to the Federal Government as approximately $4 million in fiscal year (FY) 2027, and to incur no further costs after implementation. The cost to currently authorized retailers is estimated to be approximately $55 million in the first year and about $2 million per year over the following four years.

Risks:

Any associated risks will be discussed in the rule.