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Proposed Rule: SNAP Trafficking Controls and Fraud Investigations

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Proposed Rule
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The Food and Nutrition Service (FNS) is proposing to amend Supplemental Nutrition Assistance Program (SNAP or 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. State agencies that elect to exercise this authority will be required to protect vulnerable persons, such as individuals with disabilities, homeless individuals, or the elderly, who may repeatedly lose EBT cards but are not committing fraud.

FNS proposes to also change the Electronic Benefit Transfer (EBT) card replacement timeframes in the same section to require state agencies to make replacement cards available for pick up or to place the card in the mail within one business day following notice by the household to the state agency that the card has been lost or stolen. This proposed rule would further amend regulations at 7 CFR 271.2 to clarify the definition of trafficking to include the intent to sell SNAP benefits in cases where an individual makes the offer to sell their benefits and/or EBT card online or in person so the state may pursue an intentional Program violation (IPV) against the individual who made the offer.

Page updated: May 27, 2021