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.
The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) published the final rule, Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments in the Federal Register (79 FR 71155) on Dec. 1, 2014.
SNAP Questions and Answers Concerning the Trafficking Controls and Fraud Investigations Final Rule
In February, 2013, FNS published final regulations revising the definition of trafficking. It subsequently came to our attention that some states were not clear that upon its effective date, federal law takes precedence and states were expected to implement the new federal trafficking definition.
USDA Food and Nutrition Service policy memo SP 26-2013, "Extending Flexibility in the Meat/Meat Alternate and Grains Maximums for School Year 2013-14" extends the flexibility regarding Meat/Meat Alternate (M/MA) maximums for SY 2013-13, allowing state agencies to assess compliance based on the minimum daily and weekly serving requirements only.
The increased focus on SNAP integrity has required FNS and the states to review their procedures for responding to integrity issues, specifically a clarification of FNS' responsibility when a state employee is found guilty of fraud while administering the program.
Strengthening SNAP integrity, rooting out waste, fraud and abuse so that federal dollars are used appropriately.
It has come to our attention that there may be some confusion concerning fluid milk, and how it is offered in reimbursable lunches. Under all menu planning approaches, fluid milk is a separate food component/menu item.
This memorandum is to reiterate and clarify current policy governing intentional program violations as set forth in the Food Stamp Program regulations.