SNAP

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

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 […]

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

SNAP / Stewart D. Fried

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,

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

SNAP, USDA / Stewart D. Fried

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

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FNS Approves New SNAP Hot Food Waiver for 15 California Counties

SNAP / Stewart D. Fried

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)

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

SNAP, USDA / Stewart D. Fried

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

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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

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

SNAP, USDA / Stewart D. Fried

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

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Oh, SNAP! FNS’s 2021 SNAP Retailer Summary

SNAP / Stewart D. Fried

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.

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

SNAP / Stewart D. Fried

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.

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

SNAP / Stewart D. Fried

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

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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

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SNAP Trafficking and Other Civil Monetary Penalties Edge Higher

For Export, SNAP, USDA / Stewart D. Fried

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

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Selling Too Much Food Hot? SNAP-Authorized You’re Not!

For Export, SNAP, USDA / Stewart D. Fried

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”)

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Oh, SNAP! Maryland Federal Court Judge Enters Summary Judgment Against Baltimore Food Stamp Retailer Without Permitting Any Discovery

For Export, Public Policy, SNAP, USDA / Stewart D. Fried

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

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Variety May Be the Spice of Life, But Not as Much as the Food and Nutrition Service Would Like in the Food Stamp Program

For Export, Public Policy, SNAP, USDA / Stewart D. Fried

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”),

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SNAP Wars: Scott Walker, Tom Vilsack and Drug Testing of SNAP Beneficiaries

For Export, Public Policy, SNAP, USDA / Stewart D. Fried

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

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FNS Agrees To (Finally) Start Publishing SNAP Retailer Final Agency Decisions

Public Policy, For Export, SNAP / Stewart D. Fried

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

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

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

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

FNS Approves New SNAP Hot Food Waiver for 15 California Counties

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

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

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

Oh, SNAP! FNS’s 2021 SNAP Retailer Summary

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

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

Infant Formula Recall Triggers Concerns for WIC Beneficiaries

SNAP Trafficking and Other Civil Monetary Penalties Edge Higher

Selling Too Much Food Hot? SNAP-Authorized You’re Not!

Oh, SNAP! Maryland Federal Court Judge Enters Summary Judgment Against Baltimore Food Stamp Retailer Without Permitting Any Discovery

Variety May Be the Spice of Life, But Not as Much as the Food and Nutrition Service Would Like in the Food Stamp Program

SNAP Wars: Scott Walker, Tom Vilsack and Drug Testing of SNAP Beneficiaries

FNS Agrees To (Finally) Start Publishing SNAP Retailer Final Agency Decisions

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