View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
USDA/FNS | RIN: 0584-AE27 | Publication ID: Fall 2015 |
Title: Enhancing Retailer Eligibility Standards in SNAP | |
Abstract:
This rulemaking will address the criteria used to authorize redemption of SNAP benefits (especially by restaurant-type operations). |
|
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 271.2 7 CFR 278.1 | |
Legal Authority: 3 U.S.C. 2012 9 U.S.C. 2018 |
Legal Deadline:
None |
||||||
Statement of Need: 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. |
||||||
Summary of the Legal Basis: 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. |
||||||
Alternatives: Because this proposed rule is under development, alternatives are not yet articulated. |
||||||
Anticipated Costs and Benefits: 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. |
||||||
Risks: None identified. |
||||||
Timetable:
|
Regulatory Flexibility Analysis Required: No | Government Levels Affected: State |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Charles H. Watford Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 1320 Braddock Place, Alexandria, VA 22314 Phone:703 605-0800 Email: charles.watford@usda.gov Lynnette M. Thomas Chief, Planning and Regulatory Affairs Branch Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 605-4782 Email: lynnette.thomas@fns.usda.gov |