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USDA/FNS | RIN: 0584-AD88 | Publication ID: Spring 2009 |
Title: ●Supplemental Nutrition Assistance Program: Farm Bill of 2008 Retailer Sanctions | |
Abstract: This proposed rule would implement provisions under Section 4132 of the Food, Conservation and Energy Act of 2008, also referred to as the Farm Bill of 2008. Under Section 4132, the Department of Agriculture's Food and Nutrition Service (FNS) is provided with greater authority and flexibility when sanctioning retail or wholesale food stores that violate Supplemental Nutrition Assistance Program (SNAP) rules. Specifically, the Department is authorized to assess a civil penalty and to disqualify a retail or wholesale food store authorized to participate in SNAP. Previously, the Department could assess a civil penalty or disqualification, but not both. Section 4132 also eliminates the minimum disqualification period which was previously set at six months. In addition to implementing statutory provisions, this rule proposes to provide a clear administrative penalty when an authorized retailer or wholesale food store redeems a SNAP participant's Program benefits without the knowledge of the participant. All Program benefits are issued through the Electronic Benefits Transfer (EBT) system. The EBT system establishes data that may be used to identify fraud committed by retail food stores. While stealing Program benefits could be prosecuted under current statute, Program regulations do not provide a clear penalty for these thefts. The proposed rule would establish an administrative penalty for such thefts equivalent to the penalty for trafficking in Program benefits, which is the permanent disqualification of a retailer or wholesale food store from SNAP participation. Finally, the Department proposes to identify additional administrative retail violations and the associated sanction that would be imposed against the retail food store for committing the violation. For instance, to maintain integrity, FNS requires retail and wholesale food stores to key enter EBT card data in the presence of the actual EBT card. The proposed rule would codify this requirement and identify the specific sanction that would be imposed if retail food stores are found to be in violation. (08-007) | |
Agency: Department of Agriculture(USDA) | Priority: Economically Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Undetermined |
CFR Citation: 7 CFR 276 | |
Legal Authority: PL 110-246 |
Legal Deadline:
None |
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Timetable:
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Additional Information: Note: This RIN replaces the previously issued RIN 0584-AD78. | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
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 |