|SUBJECT:||Retailer Eligibility- Firms Co-located with a Restaurant|
|LEGISLATION:||Food and Nutrition Act of 2008, Section 3 and 9|
|REGULATION:||7 CFR 271.2 (definition of “retail food store”)|
|RULE:||Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) |
Proposed - 81 FR 8015 (17 February 2016)
Final - 81 FR 90675 (15 December 2016)
|SUPERSEDES:||Policy Memorandum 2018-01, "Retailer Eligibility - Treatment of Applicant or Authorized Firm(s) Colocated with a Restaurant"|
OVERVIEW: This memorandum clarifies policy related to implementation of the final rule, "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)," which amended the definition of "retail food store," in SNAP regulations, at 7 CFR 271.2, to say that, when multiple firms operating at the same location meet certain elements, FNS will consider them a single firm when determining eligibility for SNAP authorization.
If FNS determines that multiple firms meet all four elements of colocation in the definition of "retail food store," as provided in 7 CFR 271.2, FNS must treat these firms as a single firm when determining eligibility for SNAP authorization. The four elements are met when the firms: (1) operate under one roof, (2) share ownership, (3) sell similar foods, and (4) share inventory.
Any questions regarding this policy should be directed to: SM.FN.RPMDHQWEB@usda.gov.
Retailer Policy and Management Division
Supplemental Nutrition Assistance Program