SNAP

Oh, SNAP! FNS’s 2021 SNAP Retailer Summary

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

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

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

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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Monetary penalty

SNAP Trafficking and Other Civil Monetary Penalties Edge Higher

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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Woman selecting hot food at supermarket

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

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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Judge's gavel on American flag

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

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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Food drive called "Stamp Out Hunger"

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

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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Chemical lab testing

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

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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Sorted files in an office cabinet

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

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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