Stewart D. Fried

Oh, SNAP! USDA To Issue Partial November SNAP Benefits Read More »

The ongoing federal government shutdown, which will set a record tomorrow for the longest one in history, is currently impacting approximately 42 million SNAP beneficiaries and more than 250,000 SNAP-authorized retailers across the United States. Some relief to SNAP beneficiaries, however, is on the short-term horizon. In response to federal court orders last week in

Oh, SNAP! 22 States, the District of Columbia, and Three Governors File Suit to Compel USDA to Issue November 2025 SNAP Benefits

Oh, SNAP! 22 States, the District of Columbia, and Three Governors File Suit to Compel USDA to Issue November 2025 SNAP Benefits Read More »

The Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, provides nutrition assistance to over 42 million Americans, including children, seniors, and individuals with disabilities. Historically, SNAP benefits have been protected during government shutdowns, ensuring uninterrupted support for vulnerable populations. However, on October 10, 2025, Acting Associate SNAP Administrator Ronald Ward issued

Oh, SNAP! Impacts of the Federal Government Shutdown on SNAP Beneficiaries

SNAP, Agriculture & Agribusiness / Stewart D. Fried

The ongoing federal government shutdown is placing the Supplemental Nutrition Assistance Program (SNAP) in a precarious position. As the shutdown stretches into its third week, uncertainty looms over whether approximately 42 million Americans will receive their November 2025 SNAP benefits. SNAP is administered by the U.S. Department of Agriculture’s (USDA) Food & Nutrition Service

Oh, SNAP! Impacts of the Federal Government Shutdown on SNAP Beneficiaries Read More »

Oh, SNAP! Cannabis, CBD, and Hemp Products Are Not SNAP-Eligible in 2026

Oh, SNAP! Cannabis, CBD, and Hemp Products Are Not SNAP-Eligible in 2026 Read More »

USDA’s benefits agency spent the first half of 2026 doing two things at once – renaming itself and approving a wave of state waivers that reshaped what SNAP dollars can buy. Neither change touches the one rule that keeps tripping up retailers and confusing beneficiaries. Cannabis-derived products, including CBD and Delta-8 items, remain federally ineligible

Oh, SNAP! States Want to Ban Junk Food from Food Stamp Eligibility

Oh, SNAP! States Want to Ban Junk Food from Food Stamp Eligibility Read More »

In 1964, Congress enacted the Food Stamp Act, making the food stamp program permanent. The same year, 23-year-old Bob Dylan released “The Times They Are a-Changin’.” During the past six decades, the food stamp program – which was renamed as the Supplemental Nutrition Assistance Program (SNAP), has undergone a wide variety of changes. But one

Oh, SNAP! Might Congress Finally Level the SNAP Retailer Playing Field?

Oh, SNAP! Might Congress Finally Level the SNAP Retailer Playing Field? Read More »

Few Americans are aware that a federal agency, USDA’s Food and Nutrition Service (FNS), makes decisions that often result in the permanent disqualification of grocers, supermarkets, and convenience stores from SNAP, formerly know as the federal food stamp program, based on information and records never provided to stores or their attorneys. It is mind-boggling for

Oh, SNAP! Rhode Island Judge Holds SNAP Judicial Review Cases Are Removable to Federal Court

Oh, SNAP! Rhode Island Judge Holds SNAP Judicial Review Cases Are Removable to Federal Court Read More »

In a decision which should come to no surprise to those who represent SNAP retailers in lawsuits against the federal government, a federal court in Rhode Island recently held that the removal of a SNAP judicial review suit filed in state court against the United States to federal court was proper. On June 12, 2023,

Oh, SNAP! New York Federal Judge Holds Food and Nutrition Act’s Thirty-Day Judicial Review Deadline is Jurisdictional

Oh, SNAP! New York Federal Judge Holds Food and Nutrition Act’s Thirty-Day Judicial Review Deadline is Jurisdictional Read More »

In a decision of importance to SNAP retailers, a U.S. District Court judge has held that the thirty-day deadline for seeking judicial review of Final Agency Decisions issued by USDA’s Food & Nutrition Service (FNS) is jurisdictional. In an opinion issued on June 6, 2023 in Mohammed v. USDA, Case No 22-cv-4721, Judge Mary

FNS Approves New SNAP Hot Food Waiver for 15 California Counties

FNS Approves New SNAP Hot Food Waiver for 15 California Counties Read More »

Many California counties were impacted by severe storms, flooding, landslides, and mudslides in February and March 2023. SNAP beneficiaries in the Golden State were affected the most, having lost scarce food purchased with SNAP benefits due to power outages and other adverse effects of the storms. Since early March, USDA’s Food & Nutrition Service (FNS)

Oh, SNAP! USDA Still Not Addressing Discrimination at FNS Against Minority & Immigrant Retailers

Oh, SNAP! USDA Still Not Addressing Discrimination at FNS Against Minority & Immigrant Retailers Read More »

On February 28, 2023, USDA’s Equity Commission issued its 2023 Interim Report containing recommendations to advance equity at USDA. The Interim Report’s cover letter states, “Our commitment to equity is about creating an agricultural economy, a rural economy, and an American economy that create opportunity for all.” Given the Equity Commission’s focus on rural and

Oh, SNAP! Eighth Circuit Court of Appeals Holds Transaction-Specific Evidence Is Not Required

SNAP, Litigation, USDA / Stewart D. Fried

In a decision of profound importance for SNAP retailers, the United States Court of Appeals for the Eighth Circuit in Euclid Market Inc. v. United States Through United States Department of Agriculture, 2023 WL 2028707 (C.A.8 (Mo.), 2023), issued an opinion vacating a judgment for the United States in a case concerning the permanent disqualification

Oh, SNAP! Eighth Circuit Court of Appeals Holds Transaction-Specific Evidence Is Not Required Read More »

Oh, SNAP! FNS’s Restaurant Rule Forces SNAP Retailers to Sell Sin Goods

Oh, SNAP! FNS’s Restaurant Rule Forces SNAP Retailers to Sell Sin Goods Read More »

USDA’s Food & Nutrition Service (FNS) authorized more than 250,000 SNAP retailers across the country. For many years, SNAP retailers sold substantial amounts of SNAP-eligible food items that were sold cold to SNAP beneficiaries and heated post-sale. While FNS confirmed that this practice did not violate its SNAP regulations, the agency contended that it “circumvented

Oh, SNAP! FNS’s 2021 SNAP Retailer Summary

Oh, SNAP! FNS’s 2021 SNAP Retailer Summary Read More »

USDA’s Food and Nutrition Service (FNS) has oversight over the Supplemental Nutrition Assistance Program (SNAP). The agency’s SNAP-related responsibilities include licensing of supermarkets, grocery stores, convenience stores, and other retail food stores. FNS publishes annual data compilations regarding SNAP redemptions and enforcement proceedings in connection with the more than 250,000 retailers authorized by the agency.

Oh, SNAP! Iowa Wants to Ban Most Eligible Food Items from SNAP Eligibility

Oh, SNAP! Iowa Wants to Ban Most Eligible Food Items from SNAP Eligibility Read More »

For nearly sixty years, there has been widespread debate over what food items should be eligible for purchase with SNAP (food stamps) benefits. Although the House of Representatives voted to prohibit using food coupons to purchase soft drinks and luxury foods, the final version of the 1964 Food Stamp Act did not contain those restrictions.

Oh, SNAP! How Retailers Can Keep Their SNAP Authorizations Following Trafficking Charges

Oh, SNAP! How Retailers Can Keep Their SNAP Authorizations Following Trafficking Charges Read More »

USDA’s Food and Nutrition Service (FNS) issues charges letters to more than 2,000 small grocery and convenience stores each year alleging that they have engaged in illegal trafficking in SNAP benefits. Formerly known as the food stamp program, SNAP provides nutrition assistance to more than 42 million Americans. While SNAP beneficiaries receive EBT cards from

OH SNAP! FNS RESCINDS HUNDREDS OF SNAP RETAILER DISQUALIFICATIONS

USDA / Stewart D. Fried

During late March 2022, USDA’s Food and Nutrition Service (FNS) did something truly shocking: it rescinded hundreds of charge letters and disqualification determinations against SNAP-authorized grocers and convenience stores. This is truly unprecedented action for an agency that is rarely reverses administrative actions, even when its decisions have inequitable and/or discriminatory impacts. While FNS should

OH SNAP! FNS RESCINDS HUNDREDS OF SNAP RETAILER DISQUALIFICATIONS Read More »

How to Avoid Receiving Charge Letters from USDA’s Food and Nutrition Service: Do’s and Don’ts for SNAP Retailers

USDA, Agriculture & Agribusiness / Stewart D. Fried

USDA’s Food and Nutrition Service (FNS) administers the Supplemental Nutrition Assistance Program (SNAP) pursuant to a delegation from Congress and the Secretary of the U.S. Department of Agriculture. FNS authorizes more than 250,000 retail food stores, large and small, across the country and ensures that SNAP retailers adhere to the requirements of the Food and

How to Avoid Receiving Charge Letters from USDA’s Food and Nutrition Service: Do’s and Don’ts for SNAP Retailers Read More »

USDA Equity Commission Holds Initial Meeting: Will FNS’s Historic Discrimination Against Minority SNAP Retailers Finally Be Addressed?

OFW Law News, Litigation, Miscellaneous, USDA / Stewart D. Fried

The American Rescue Plan Act of 2021 (ARPA) provides nearly $2 trillion to expedite the United States’ recovery from the impacts of the COVID-19 pandemic. APR § 1006(a)(3) provided funding to the U.S. Department of Agriculture (USDA) to establish an Equity Commission to address historical discrimination and equity issues within USDA and its programs. Over

USDA Equity Commission Holds Initial Meeting: Will FNS’s Historic Discrimination Against Minority SNAP Retailers Finally Be Addressed? Read More »

Infant Formula Recall Triggers Concerns for WIC Beneficiaries

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness, Food Distribution & International Trade, SNAP, USDA / Stewart D. Fried

On February 17, 2022, following consumer complaints relating to the presence of pathogens in Similac, Alimentu, and EleCare, Abbott issued a voluntary recall for certain lots of those powdered infant formula products. Abbott’s recall is broad, applies to all distribution levels (domestic and international), and includes all lots manufactured in its Sturgis, Michigan facility with

Infant Formula Recall Triggers Concerns for WIC Beneficiaries Read More »

Will the Supreme Court Finally Clarify the Jurisdictional Extent of “Waters of the United States” and End the Sacketts’ Own Private Idaho?

EPA / Stewart D. Fried

On January 24, 2022, the United States Supreme Court granted a petition for writ of certiorari seeking review of the Ninth Circuit’s decision affirming an Idaho Federal District Court decision that the U.S. Environmental Protection Agency (“EPA”) “reasonably determined” that a landowner’s property contained wetlands that shared a “significant nexus” with “waters of the United

Will the Supreme Court Finally Clarify the Jurisdictional Extent of “Waters of the United States” and End the Sacketts’ Own Private Idaho? Read More »

Good News for SNAP Retailers: FNS Increases SNAP Benefits for Fiscal Year 2022

Agriculture & Agribusiness, Food Manufacturing, Processing, and Marketing, Litigation, USDA / Stewart D. Fried

The beginning of the new federal fiscal year on October 1 brought welcome news to 45 million SNAP beneficiaries across the country and to more than 250,000 grocery stores, convenience stores, and other retailers authorized to redeem SNAP benefits. On October 1, 2021, average SNAP benefits increased by $35.24 per person, per month. USDA’s Food

Good News for SNAP Retailers: FNS Increases SNAP Benefits for Fiscal Year 2022 Read More »

Oh, SNAP! FNS Finally Issues 2020 SNAP Retailer Summary

Food Manufacturing, Processing, and Marketing / Stewart D. Fried

USDA’s Food and Nutrition Service (FNS) has oversight over the Supplemental Nutrition Assistance Program (SNAP). The agency’s responsibilities including the licensing of supermarkets, grocery stores, convenience stores, and other retail food stores as authorized SNAP vendors. FNS publishes annual data compilations regarding SNAP redemptions and enforcement proceedings in connection with the more than 250,000 retailers

Oh, SNAP! FNS Finally Issues 2020 SNAP Retailer Summary Read More »

Oh, SNAP! FNS Refuses to Comply with the 2018 Farm Bill

USDA / Stewart D. Fried

Nearly all – more than 98% – of the firms authorized by USDA’s Food and Nutrition Service (FNS) to participate in the Supplemental Nutrition Assistance Program (SNAP) are traditional brick and mortar supermarkets, groceries, and convenience stores. Accordingly to FNS’s SNAP Retailer Manager Year End Summary, under 1% of SNAP-authorized firms are entities that serve

Oh, SNAP! FNS Refuses to Comply with the 2018 Farm Bill Read More »

Oh, SNAP! SNAP Retailers Need to Watch Out for New FNS Entrapment Techniques

Food Manufacturing, Processing, and Marketing, Food Distribution & International Trade, Government Relations, USDA / Stewart D. Fried

For decades, USDA’s Food and Nutrition Service (FNS) has attempted to combat fraud by retailers and beneficiaries in the Supplemental Nutrition Assistance Program (SNAP) with varying success. Fraud levels were dramatically reduced after FNS rolled out the Electronic Benefit Transfer (EBT) system and discontinued the use of paper food stamps more than fifteen years ago.

Oh, SNAP! SNAP Retailers Need to Watch Out for New FNS Entrapment Techniques Read More »

Oh, SNAP! Federal Judge Holds 30 Day SNAP Retailer Judicial Review Deadline Is Not Jurisdictional

Food Manufacturing, Processing, and Marketing / Stewart D. Fried

In a decision of importance to convenience stores, grocers, and other retailers, a California District Court judge held that the 30-day period for seeking judicial review of an adverse decision by USDA’s Food and Nutrition Service (FNS) in SNAP retailer licensing proceedings is not jurisdictional. While the issue of whether Congress intended for limitations periods

Oh, SNAP! Federal Judge Holds 30 Day SNAP Retailer Judicial Review Deadline Is Not Jurisdictional Read More »

Oh, SNAP! FNS Issues Final Rule That Discriminates Against Minority Retailers

Food Manufacturing, Processing, and Marketing / Stewart D. Fried

The United States Department of Agriculture (USDA) has been frequently referred to as “The Last Plantation,” based on what has been described as a “deeply ingrained culture of racism that manifested itself in both the way its programs were administered—and whom it hired, and didn’t, to administer those programs.” Despite sincere efforts during recent years

Oh, SNAP! FNS Issues Final Rule That Discriminates Against Minority Retailers Read More »

Oh, SNAP! FNS Still Hasn’t Released Its FY 2019 SNAP Retailer Management Summary

Oh, SNAP! FNS Still Hasn’t Released Its FY 2019 SNAP Retailer Management Summary Read More »

USDA’s Food and Nutrition Service (FNS) has oversight over the Supplemental Nutrition Assistance Program (SNAP). The agency’s responsibilities include the licensing of more than 250,000 SNAP-authorized retail food stores. FNS also is authorized to bring administrative enforcement proceedings, including trafficking charges, against SNAP retailers to prevent fraud and other problem violations. FNS publishes annual data

The Cannabis Industry’s Own Private Idaho: State Court Upholds Seizure of Truckload of Hemp Bound for Colorado

The Cannabis Industry’s Own Private Idaho: State Court Upholds Seizure of Truckload of Hemp Bound for Colorado Read More »

Big Sky Scientific is a Montana-based manufacturer of hemp-derived cannabidiol (CBD) products, including isolate powders, oils, and distillates. Big Sky sources its products from hemp producers, including in Oregon. During late 2018, it purchased more than two tons of hemp plant material containing less than 0.3% THC from an Oregon producer and arranged for its

Oh SNAP! FNS Removes All Names from the SAM List

Oh SNAP! FNS Removes All Names from the SAM List Read More »

GSA’s System for Award Management is a comprehensive database of persons excluded from doing business with the federal government. Widely known as the SAM List, most of the people whose names can be found there were debarred or suspended from doing business with the federal government. Debarment and suspension are serious sanctions that prevent persons

Oh, SNAP! Federal District Court Judge Orders FNS to Remove Owner of SNAP Retailer’s Name from the SAM List

Oh, SNAP! Federal District Court Judge Orders FNS to Remove Owner of SNAP Retailer’s Name from the SAM List Read More »

The Food and Nutrition Service (FNS) is an agency of the U.S. Department of Agriculture (USDA). Not surprisingly, that means that FNS is required to follow regulations and guidance issued by USDA. This fundamental concept appears to have been forgotten at FNS, at least in the context of the agency’s decision to list the names

Supreme Court Building of the United States

Oh, SNAP! The Supreme Court Holds Store Level SNAP Redemption Data is Confidential Under FOIA Exemption 4

Oh, SNAP! The Supreme Court Holds Store Level SNAP Redemption Data is Confidential Under FOIA Exemption 4 Read More »

In a major victory for grocers, the United States Supreme Court (in a 6-3 decision) held that store level SNAP retailer data is exempt from disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”). Exemption 4 precludes the disclosure of “commercial or financial information obtained from a person and privileged or confidential.” 5

Play It Again SAM: Federal Judge Orders FNS to Remove Owner of Disqualified SNAP Retailer from SAM List

For Export, Litigation, USDA / Stewart D. Fried

Owners of supermarkets and convenience stores are generally not aware that one of the perils of participating in the SNAP program may be placement on the General Services Administration’s System for Award Management list of excluded and disqualified parties (“SAM List”). That’s true because few retailers have heard of the SAM List and because USDA’s

Play It Again SAM: Federal Judge Orders FNS to Remove Owner of Disqualified SNAP Retailer from SAM List Read More »

Disqualified from SNAP? SAM I Am!