FNS Documents & Resources

USDA is aware of increased reports of EBT theft due to card skimming, cloning, and similar fraudulent methods. On Dec. 29, 2022, President Joseph R. Biden signed into law the Consolidated Appropriations Act, 2023 (the Omnibus), which includes provisions for the replacement of stolen EBT benefits with federal funds.

USDA's FNS and ACF at the Department of Health and Human Services are aware of increasing reports of benefit theft by criminal actors through EBT card skimming schemes. After discussions with EBT processors and fraud prevention stakeholders, FNS and ACF have identified prevention measures that can be adopted to improve card security while we work towards longer-term strategies.

This memorandum provides clarification on the value pass through methods available under 7 CFR 250.36 and on the timing of processor inventory reductions of USDA Foods under each system.

On Dec. 27, 2020, the President signed into law the Consolidated Appropriations Act 2021. This Act excludes federal pandemic unemployment compensation payments authorized under the Coronavirus Aid, Relief and Economic Security Act from consideration as income for the purposes of determining FDPIR eligibility. 

This memorandum addresses inventory limitations and requirements that USDA Foods processors must follow when manufacturing processed end products for use in child nutrition programs.

In order to update and streamline policy guidance for the USDA Foods Processing Program, FNS is cancelling policy memoranda FD-009, FD-025, FD-130, FD-102, FD-030, FD-038, FD-048, FD-103, and FD-108. The guidance provided by these memoranda is outdated and has been superseded by the Final Rule: Revisions and Clarifications in Requirements for the Processing of Donated Foods, which was published on May 1, 2018.

This memorandum provides guidance to state distributing agencies and recipient agencies on the use of market basket analysis in procuring processed end products for USDA Foods in Schools and commercial goods for the National School Lunch Program, School Breakfast Program, Summer Food Service Program, and Child and Adult Care Food Program. 

FNS is issuing this policy memo to clarify state options and requirements relating to the determination of fleeing felon status under Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n).  

Supplemental Nutrition Assistance Program  regulations at 7 CFR 273.11(n) require state agencies to choose between two tests to establish fleeing felon status: the four-part test and the alternative test, often called the Martinez test. This policy memo clarifies changes in the Martinez test necessitated by the Walter Barry, et al. v. Nick Lyon decision of the United States Court of Appeals for the Sixth Circuit.

The attached questions and answers address the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008 final rule.