FNS Documents & Resources

This memo transmits updates to the maximum size of WIC civil monetary penalties to reflect inflationary adjustments for 2022, as required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. 

This policy memorandum transmits the Civil Monetary Penalty (CMP) inflation adjustment for 2021 for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The adjustment was published in the Federal Register as part of the Civil Monetary Penalty Inflation Adjustments for 2021 Final Rule published on May 10, 2021, at 86 FR 24699. 

WIC Policy Memorandum: #2021-2: WIC Civil Monetary Penalty (CMP) Inflation Adjustment for 2020

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.

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. 

This memorandum restates the FNS policy on the treatment of same-sex marriages with regard to Section 3(m)(2) of the Food and Nutrition Act of 2008, as amended.

This memorandum provides guidance on the household status of same-sex married couples in light of the United States Supreme Court's June 26, 2013, decision in United States v. Windsor (Windsor) for purposes of Supplemental Nutrition Assistance Program (SNAP) eligibility.

Section 9(b)(12)(A)(i) of the Richard B. Russell National School Lunch Act restricts categorical eligibility for free school meals based on SNAP participation to children who are members of a household receiving assistance under SNAP. Therefore, a child who is a member of a household that is receiving “zero benefits” from SNAP is not categorically eligible for free meals, unless the child is categorically eligible for another reason.