This final rule amends the SNAP regulations to ensure that retail food stores can no longer use the Freedom of Information Act (FOIA) process to delay FNS' administrative actions to sanction a retail food store for SNAP violations. Under this rule, FNS will process FOIA requests and FOIA appeals separately from the administrative action for all SNAP violations, as originally proposed. The processing of FOIA requests and appeals during the administrative and judicial review process will have no impact on when the agency can take administrative action.
The Food and Nutrition Service seeks to prevent firms authorized to participate in SNAP from delaying administrative actions, such as disqualification or civil money penalties, through submission of Freedom of Information Act (FOIA) requests or appeals. As such, FNS is proposing that FOIA requests and FOIA appeals be processed separately from administrative actions FNS takes against retail food stores. This proposed rule would ensure that retail food stores can no longer use the FOIA process to delay FNS' administrative actions to sanction a retail food store for SNAP violations.
USDA’s authority to provide emergency assistance for its various disaster relief programs exists under the Robert T. Stafford Disaster Relief Emergency Assistance Act (Stafford Act), Agriculture Secretary disaster designations, Food and Nutrition Act of 2008, as well as other authorizing legislation. These authorities are identified in the various USDA program descriptions.
The final rule, titled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program,” made several changes to requirements for stores that want to accept SNAP benefits as a form of payment. These changes support healthy lifestyles for SNAP recipients while maintaining recipients’ access to food.
FNS proposes to make changes to the SNAP regulations pertaining to the eligibility of SNAP retail food stores.
FNS is issuing this affirmation of a final rule, without change, of an interim rule that amended SNAP regulations, to require state agencies to monitor electronic benefit transfer card replacement requests and send notices to those clients who have requested four cards within a 12-month period.
FNS is issuing a final rule to amend Supplemental Nutrition Assistance Program regulations to allow state agencies to deny a request for a replacement card until contact is made by the household with the state agency, if the requests for replacement cards are determined to be excessive.
The Supplemental Nutrition Assistance Program: Nutrition Education and Obesity Prevention Grant Program
The SNAP Nutrition Education and Obesity Prevention Grant Program Interim Rule was published in the Federal Register on April 5, 2013
Integrity in the Supplemental Nutrition Assistance Program (SNAP) is a primary Program concern. This proposed rule codifies a provision of the Food, Conservation, and Energy Act of 2008 (FCEA) which authorizes the Department to suspend the payment of redeemed SNAP benefits to certain retail food stores or wholesale food concerns pending administrative action to disqualify the firms for fraudulent activity.
The Food and Nutrition Service (FNS) is proposing to amend Supplemental Nutrition Assistance Program regulations at 7 CFR 274.6 to allow state agencies to deny a request for a replacement card until contact is made with the state agency, if the requests for replacement cards are determined to be excessive.