USDA and the Food and Nutrition Service (FNS) have been quite active during the first few months of Brooke Rollins’ tenure as Secretary of the U.S. Department of Agriculture. For example, USDA has granted waivers to Nebraska, Iowa, and Indiana which will permit those states in January 2026 to exclude soft drinks and/or candy from […]
Oh, SNAP! FNS Confirms that Cannabis-Derived Products Are Not SNAP Eligible Read More »
The following was published in Agri-Pulse on March 20, 2025. Within the backdrop of Congressional budget reconciliation, there will be no easy decisions for an eventual savings target imposed on the Ag Committees to hit (a target they didn’t ask to receive). When considering how they’ll hit their required cost-cutting number, among the
A SNAP Cost-share Would Cost States Double 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! States Want to Ban Junk Food from Food Stamp Eligibility 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! Might Congress Finally Level the SNAP Retailer Playing Field? 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,
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
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)
FNS Approves New SNAP Hot Food Waiver for 15 California Counties 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
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
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 Restaurant Rule Forces SNAP Retailers to Sell Sin Goods 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! FNS’s 2021 SNAP Retailer Summary 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! Iowa Wants to Ban Most Eligible Food Items from SNAP Eligibility 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! How Retailers Can Keep Their SNAP Authorizations Following Trafficking Charges Read More »
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 »
USDA’s Food and Nutrition Service (FNS) may impose civil monetary penalties (CMP) on retailers that are determined to have violated Supplemental Nutrition Assistance Program (SNAP) regulations. These penalties are most frequently imposed against SNAP retailers who transfer ownership of their stores after being disqualified for trafficking. FNS may also grant a CMP in lieu of
SNAP Trafficking and Other Civil Monetary Penalties Edge Higher Read More »
Small grocery stores and specialty retail food stores that sell hot foods are facing an unprecedented threat to their businesses. Not from competition or due to rising costs. Instead, thousands of small fish and seafood markets in impoverished urban neighborhoods across the country are threatened with the withdrawal of their Supplemental Nutrition Assistance Program (“SNAP”)
Selling Too Much Food Hot? SNAP-Authorized You’re Not! Read More »
In a highly unusual decision, a Federal District Court judge in Maryland granted summary judgment in a food stamp licensing appeal brought by a Baltimore convenience store without permitting the retailer to conduct any discovery whatsoever. In Negash v. United States, U.S. District Court Judge Richard Bennett dismissed the retailer’s appeal of a Final Agency
Congress Bars FNS from Enforcing Portions of its Enhancing Retailer Standards in SNAP Final Rule Federal agencies are viewed by many as possessing immense power over regulated businesses. This is especially true at the Food and Nutrition Service (“FNS”) in the context of retail food stores that participate in the Supplemental Nutrition Assistance Program (“SNAP”),
For more than 20 years, Federal law has expressly provided that states may test welfare recipients for use of controlled substances free from interference of federal agencies. 21 U.S.C. §862(b). Relying upon this Congressional enactment, Wisconsin passed Act 55 during 2015. Act 55 authorized new drug screening and testing requirements for certain SNAP beneficiaries in
SNAP Wars: Scott Walker, Tom Vilsack and Drug Testing of SNAP Beneficiaries Read More »
In a major victory for supermarkets, convenience stores, and other Supplemental Nutrition Assistance Program (SNAP) retailers, the U.S. Food and Nutrition Service (FNS) has finally agreed to start publishing its administrative Final Agency Decisions (FADs) in food stamp authorization and disqualification proceedings. On January 4, 2017, in response to a multi-year effort spearheaded by OFW
FNS Agrees To (Finally) Start Publishing SNAP Retailer Final Agency Decisions Read More »