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Food Distribution Program Tables

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For information on all Food Distribution programs (and on food distributed in child nutrition programs), see the USDA Foods home page. Here you can access regulations, information on available commodities, and links to other agencies concerned with USDA Foods distribution.

National Level Summary Tables

Fiscal Years 1969-2024

  • Cost of Food Distribution Programs
    Nutrition Services Incentive Program (NSIP, formerly Nutrition Program for the Elderly), Food Distribution on Indian Reservations (FDPIR), Commodity Supplemental Food (CSFP), Emergency Food Assistance (TEFAP)
  • Participation (FDPIR and CSFP) or Meals Served (NSIP)

State Level Tables

Fiscal Years 2020-2024

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Food distribution program data.

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Page updated: December 23, 2025

WIC Participant Access to Authorized Vendors Study - Part 1

The USDA’s Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Participant Access Study is a two-part study series designed to provide insight into the current geographic coverage and density of WIC retailers1 across the United States and to assist states in ensuring they are providing adequate participant access to WIC foods in their communities.

Key Findings

Retailer participation in WIC declined between 2015 and 2020, but has remained steady through 2022.

  • In FY 2022, there were 40,377 WIC retailers (i.e., grocery stores, referred to as “vendors” in WIC). Among these WIC retailers, over two-thirds were super stores or supermarkets. Other retailer types, such as grocery stores or convenience stores, were less common.
  • Although the total number of WIC retailers decreased by 15% (from about 47,000 to 40,000) between FY 2015 and FY 2022, most reductions occurred prior to FY 2020. Around 80% of this decline was attributed to smaller retailers. It is important to note that this decline occurred in the period leading up to the 2020 WIC Electronic Benefits Transfer (EBT) mandate.
Bar graph showing the decline in WIC-authorized retailers from fiscal year 2015 to fiscal year 2022. The graph shows a decline in retailers from 2015 to 2020 and a steady trend from 2020 to 2022.
Figure 1. Number of USDA's WIC Food Retailers, FY 2015-22

 

More than half of WIC-eligible families have convenient access to a WIC retailer but some still lack access.

  • This study explored whether WIC-eligible families have convenient access to a WIC retailer based on USDA definitions of access.1 In FY 2022, 55% of census tracts2 had convenient access to a WIC retailer. On average, census tracts had convenient access to 2.3 WIC retailers.
  • Among the 50 states and DC, we estimate that 2.1 million WIC-eligible families did not have convenient access to a WIC retailer in FY 2022. This represents nearly half (45%) of the WIC-eligible population.
  • Just over one-third (34%) of WIC-eligible families living in census tracts with high social vulnerability3 lacked convenient access to a WIC retailer.
A map of the U.S. showing the percentage of WIC-eligible families without convenient access to a WIC retailer. States are shaded according to four categories of percentages, with the lightest color showing states that have less than 25% and the darkest color showing states that have more than 50% of WIC-eligible families without convenient access.
Figure 2. Percentage of WIC-eligible families without convenient access to a WIC retailer.

 

Some optional state policies are associated with lower convenient access to WIC retailers.

  • In FY 2022, thirty-four state agencies (38%) imposed limiting criteria,4 which determine the maximum number and distribution of retailers authorized. State agencies use these criteria to limit the number of stores they authorize so they can effectively manage, oversee, and review their authorized retailer population. Some examples of limiting criteria include vendor/participant ratio and vendor/geographic area (e.g., number per mile or ZIP code).
  • The average number of WIC retailers within convenient access to WIC-eligible census tracts was consistently lower in areas with limiting criteria. Among the 50 states and D.C. using limiting criteria, there were 1.4 WIC retailers within convenient access, on average, compared with 2.1 retailers in states without limiting criteria (Figure 3a).
  • Nearly all state agencies (98%) used optional vendor selection criteria4 (e.g., requirements regarding specific hours of operation, proof of authorization as a SNAP retailer, and requirements to stock a full range of foods in addition to WIC foods), in addition to required vendor selection criteria, when determining which retailers to authorize in FY 2022.
  • State agencies that used optional selection criteria had slightly higher average numbers of retailers within convenient access to WIC-eligible census tracts than states without these criteria. States adding requirements for retailers to stock a full range of foods (i.e., full-service grocery stores) were the only exception among the 50 states and D.C.; states that used this additional criterion had fewer retailers within convenient access to a census tract, on average, than states that did not (1.6 compared to 2.4 retailers) (Figure 3b).
Bar chart shows among the 50 states and D.C., an average of 1.4 retailers within convenient access for state agencies that imposed any limiting criteria compared to 2.1 among those that do not use limiting criteria. Among the ITOs and Puerto Rico, there is an average of 0.8 retailers within convenient access among those agencies that use limiting criteria compared to 1.4 retailers among those that do not use limiting criteria.
Figure 3a. Average number of WIC retailers within convenient access to WIC-eligible census tracts based on state agency application of limiting criteria.
Bar chart shows proof of authorization, average number of retailers is 1.9 among agencies using this criterion compared to 1.7 among those that do not. Hours of operation, average number is 1.9 among agencies implementing this criterion compared to 1.8 among agencies that do not. When states elect to require retailers to stock a full range of food, the average number of vendors is 1.6 but increases to 2.4 in agencies that do not require this.
Figure 3b. Average number of WIC retailers within convenient access to WIC-eligible census tracts based on state agency application of selection criteria.

Why FNS Did This Study

WIC state agencies are responsible for authorizing and overseeing retailers that accept WIC food benefits. They must establish selection criteria that dictate the qualifications for retailers that may be authorized, in accordance with federally mandated criteria. Federal regulations (7 CFR 246.12) require state agencies to authorize a sufficient number and distribution of retailers to ensure adequate participant access to supplemental foods. In 2022, we observed a decline in the number of WIC authorized retailers since 2015 and, in response, issued a policy memorandum to encourage state agencies to assess their WIC retailer populations and “ensure that the appropriate number and distribution of vendors are authorized to support participants’ access to supplemental foods”. This study was conducted to understand the current geographic coverage and density of WIC retailers across the United States and how state agency policies and the composition of retailers may affect participant access to supplemental foods.

How FNS Did This Study

  • To map and analyze the geographic distribution of WIC and SNAP retailers across the U.S., the study team obtained administrative data that described retailer locations, store types, and WIC state agency retailer selection policies from the following FNS data sources: The Integrity Profile (TIP), Food Delivery Portal (FDP), Store Tracking and Redemption System (STARS), and WIC State Plan data. To supplement the FNS administrative data sources and capture variation in urbanicity, food access, and social vulnerability, data were obtained from the Centers for Disease Control (CDC), Economic Research Service (ERS), and the American Community Survey (ACS).
  • This study explored two primary measures of food access: 1) Convenient access, a proximity-based measure defined as the availability of at least one WIC retailer within a one-mile driving distance in urban areas and a 10-mile driving distance, and 2) Average number of WIC vendors within convenient access of a census tract to differentiate between different levels of access to WIC.
  • The study examined these measures overall and by a variety of census tract-level characteristics, including by urbanicity; low-income; and social vulnerability status.

Suggested Citation

Sarah Bardin, Tracy Vericker, Addison Larson, Dory Thrasher, and Nathan Chesterman (2025). WIC Participant Access Study: Part 1; Final Report. Prepared by Mathematica, Contract No. 12319819A0006. Alexandria, VA: U.S. Department of Agriculture, Food and Nutrition Service, Office of Evidence, Analysis, and Regulatory Affairs, Project Officer: Kathryn Knoff. Available online at: https://www.fns.usda.gov/research/wic/participant-access-vendors-part1.


1 Convenient access is a USDA Economic Research Service proximity-based measure defined as the availability of at least one WIC retailer within a one-mile driving distance in urban areas and a 10-mile driving distance in rural areas.
2 A census tract is defined by the United States Census Bureau as “a small, relatively permanent statistical subdivision of a county delineated by a local committee of census data users for the purpose of presenting data. Census tracts nest within counties, and their boundaries normally follow visible features, but may follow legal geography boundaries and other non-visible features in some instances, Census tracts ideally contain about 4,000 people and 1,600 housing units.”
3 Social vulnerability refers to the demographic and socioeconomic factors (such as poverty, lack of access to transportation, and crowded housing) that adversely affect communities that encounter hazards and other community-level stressors.
4 Per federal regulation, the state agency may establish criteria to limit the number of stores it authorizes. The state agency must apply its limiting criteria consistently throughout its jurisdiction. Any vendor limiting criteria used by the state agency must be included in the State Plan in accordance with § 246.4(a)(14)(ii).
5 Per federal regulation, vendor selection criteria are established by the state agency to select individual vendors for authorization consistent with the requirements in § 246.12(g)(3) and (g)(4). Optional selection criteria are those criteria that states choose to implement in addition to what is required in accordance with § 246.12(g)(3) and (g)(4).

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This study is a two-part series designed to provide insight into the current geographic coverage and density of WIC retailers across the United States and to assist states in ensuring they are providing adequate participant access to WIC foods in their communities.

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Page updated: December 02, 2025

FD-162: Public Posting of TEFAP Information

DATE:September 9, 2025
POLICY NO:FD-162: The Emergency Food Assistance Program (TEFAP)
SUBJECT:Public Posting of TEFAP Information
TO:Regional Directors
Supplemental Nutrition Programs
State Directors
All TEFAP State Agencies

Under the leadership of Secretary Brooke Rollins, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) is committed to strengthening strategies to encourage healthy choices, healthy outcomes, and healthy families, along with clarifying program requirements for our state agency partners. In support of these goals, this memorandum provides guidance to TEFAP state agencies on requirements for public posting of TEFAP information at 7 CFR 251.4(l). Each state agency must post a list of eligible recipient agencies (ERAs) that have an agreement with the state agency on a publicly available webpage. In addition, state agencies must post the state’s uniform statewide eligibility criteria on a publicly available webpage. The public posting of ERAs and uniform statewide eligibility criteria must be implemented by Oct. 31, 2025. State agencies are encouraged to implement these provisions before that deadline.

ERAs that have an Agreement with the State Agency

TEFAP regulations at 7 CFR 251.4(l) require each state agency to post a list of ERAs that have an agreement with the state agency on a publicly available webpage. At a minimum, this list must include the name, address, and contact telephone number of all ERAs that have an agreement with the state agency. State agencies must update this list annually but are encouraged to update it more frequently as needed.

FNS recognizes that state agencies may identify a compelling public safety reason to forgo posting an ERA address publicly; for example, for a domestic abuse shelter. In such circumstances and without divulging sensitive or confidential information, the state agency should submit general information to their FNS regional office regarding why the location should be exempted from the publicly available list posted online. FNS will work with state agencies on a case-by-case basis for ERAs in this situation.

State Agency Option to Post Additional ERA Information

State agencies may choose to exceed the above minimum posting requirements to support public awareness. While state agencies are not required to post information about ERAs that have agreements with other ERAs, states have the option to publish this information online. State agencies may also choose to include additional information about ERAs on the webpage, such as operating hours, the areas served by the ERA, links to ERA websites, and distribution site addresses. In addition, state agencies may develop tools to aid eligible individuals in accessing the program, for example by establishing a searchable tool to identify aid based on zip code.

Posting TEFAP Statewide Eligibility Information

TEFAP regulations at 7 CFR 251.5(b) require each state agency to establish uniform statewide criteria for determining the eligibility of households to receive USDA Foods for home consumption, including requirements for demonstrating income and residency. Per 7 CFR 251.4(l), state agencies must post this uniform statewide eligibility criteria to a publicly available webpage. This information must be updated on an annual basis or whenever changes to eligibility criteria are made. Additional guidance on establishing criteria and methods for determining the eligibility of households to receive TEFAP can be found in Participant Eligibility in TEFAP (revised).

State agencies should contact their respective FNS regional office with any questions about this memorandum.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

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This TEFAP program guidance memorandum provides TEFAP state agencies information on requirements for public posting of TEFAP information.

Page updated: September 11, 2025
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On Faith and Fellowship Tuesday at the Great American Farmers Market, Secretary Rollins Reaffirms USDA’s Commitment to Upholding Religious Liberties

U.S. Secretary of Agriculture Brooke L. Rollins, at Faith and Fellowship Tuesday at the Great American Farmers Market, alongside Secretary of Housing and Urban Development Scott Turner, Secretary of Veterans Affairs Doug Collins, and USDA Senior Advisor on Faith and Community Outreach Dr. Alveda King, issued a statement reaffirming the U.S. Department of Agriculture’s steadfast commitment to protecting and upholding religious liberties in all public engagements and federally administered programs.

08/05/2025

SNAP E&T - Provisions of the Monitoring, Oversight and Reporting Measures Final Rule Q&A

Questions and Answers

A. Employment and Training (E&T) Annual Report Submission (7 CFR 273.7(c)(17))

1. What is the due date for the federal fiscal year (FFY) 2025 E&T Annual Report?

The final rule became effective on Jan. 17, 2025, with an implementation date of Oct. 1, 2025. As a result, the FFY 2025 report will be due on April 15, 2026.

2. Which measures should states report on for the FFY 2025 E&T Annual Report?

For FFY 2025, state agencies are only required to submit a "partial" report that includes the following reporting requirements under the interim final rule:

  • E&T participant characteristics,
  • state component measures, and
  • able-bodied adults without dependents (ABAWD) Pledge State Reporting (if applicable).

States will not be required to report the employment and earnings measures and the associated disaggregated characteristics. This ensures that all states are on track for reporting the expected four (4) quarters for these measures under the final rule for the FFY 2026 report. Additionally, with the replacement of the completion of educational, training, work experience and on-the-job training measure with educational measures, states are not required to report this measure for FFY 2025 so that they may concentrate efforts toward making any changes necessary for the collection of the new educational measures.

3. Is the E&T Annual Report template changing, and if so, when will it be available?

Yes, the E&T Annual Report template is changing. The new E&T Annual Report will be submitted in our new web-based data collection system, Data Analysis and Tracking Application for SNAP Employment and Training (DATASET).

While state agencies will submit the report in DATASET and not by paper copy, a template is provided, which provides the reporting requirements under 7 CFR 273.7(c)(17) for the E&T Annual Report and instructions for each section of the report as it will appear in DATASET. We will also provide another version of the template without instructions that state agencies can use to compile the information needed to complete the E&T Annual Report in DATASET.

4. What are the cohort dates for the E&T Annual Report for FFY 2026?

Each section of the E&T annual report will consist of data from distinct time periods. For example, the employment and quarterly earnings measures in the second quarter after completion of participation of E&T will consist of data from the third quarter of the preceding FFY to the second quarter of the reporting FFY (i.e. for FFY 2026 report, April 2025 to March 2026). Below is a chart that provides the various time periods that should be reported for each section of the E&T annual report.

Table 1. Reporting time periods for the E&T Annual Report
E&T Annual Report Section and MeasureTime Period to Report

A. Employment, Earnings and Educational Measures

Employment and Earnings Measures for all E&T Participants; and Employment and Earnings Measures by Participant Characteristics

 
  1. Unsubsidized employment during the second quarter after completion of participation in E&T
  2. Median quarterly earnings of E&T participants in unsubsidized employment during the second quarter after completion of participation in E&T
April of preceding FFY to March of reporting FFY (e.g. FFY 2026 report: April 2025 to March 2026)
  1. Unsubsidized employment in the fourth quarter after completion of participation in E&T
October to September of preceding FFY (e.g. FFY 2026 Report: October 2024 to September 2025)

Educational Measures for all E&T Participants; and
Educational Measures by Participant Characteristics

  1. Attainment of a credential or certificate
  2. Measurable skill gains

B. Participant Characteristics

  1. a) Mandatory E&T Program Reporting
    b) SNAP E&T Participant Characteristics

C. ABAWD Pledge State Reporting

October to September of reporting FFY (e.g. FFY 2026 Report: October 2025 to September 2026)
D. State Component MeasuresBased on the state agencyʼs reporting methodology for each component

B. Definitions (7 CFR 271.2)

5. Completion of participation in E&T means that an E&T participant has not received any E&T services for at least 90 days and no future services are planned. Does this mean disenrollment from SNAP E&T cannot occur until those 90 days are met, or can a participant be disenrolled as deemed by the E&T service provider?

The completion of participation in E&T definition does not affect the ability of a state agency or of their E&T providers to determine when to remove an E&T participant from E&T services. The definition of a “completion of participation in E&T” has been in use under the interim final rule and was codified in the final rule. The purpose of establishing a waiting period of 90 days after a participant last received E&T services before collecting employment and earnings information is to align with the practice for Workforce Innovation and Opportunity Act (WIOA) programs. Under WIOA, the exit date is the last date of service. And the last date of service cannot be determined until at least 90 days have elapsed since the participant last received services. This 90-day waiting period is to ensure that a participant is truly no longer engaged in the program and allows time if an individual decides to return for additional services.

6. Regarding the definition of a former E&T participant: in a state operating a voluntary E&T program, E&T participants may disenroll from the E&T program for a variety of reasons, not necessarily because they lost SNAP benefits. Would a state agency report on those E&T participants in the employment and earnings measures?

The term "former E&T participant" was included in the interim final rule to capture E&T participants who may no longer be participating in the E&T program because they lost their SNAP benefits due to a SNAP eligibility action, such as failure to recertify. The intent was to ensure that those participants were included in outcomes, specifically employment and earnings measures. Whether a state is operating a mandatory or voluntary E&T program, or whether an E&T participant disenrolls from E&T, has no impact on including these former participants in these measures. Regardless of whether an E&T participant lost their SNAP benefits, if an E&T participant has not received any E&T services for 90 days, they should be considered as having completed participation in E&T and their attainment of employment and earnings should be tracked and reported.

7. Our stateʼs contracted E&T service providers note in the system of record when an E&T participant completes a component. When tracking for the employment and earnings measures, we use both the date of component completion recorded in the system as well as the 90-day look back period cited in the new definition for completion of participation in E&T. Is this acceptable to use both types of completion?

Yes, it is acceptable. At a minimum, a state agency needs to have the ability to determine when an E&T participant has completed participation in E&T, meaning the E&T participant has not received any E&T services for 90 days and no future services are planned.

While we do not require state agencies to capture completion dates for component participation, we recommend this as a best practice as the state agency considers system development or modifications to their processes for tracking SNAP E&T participation.

8. Our state agencyʼs eligibility system automatically end dates the E&T component and E&T program based on the last day of eligibility when an individual is discontinued from SNAP benefits. Based on the definition of “former E&T participant” is this functionality accurate and can we determine when an individual is discontinued from SNAP that no future E&T service is planned?

Yes, when an E&T participant has been discontinued from SNAP benefits, the state agency can consider that as having no future E&T services planned. The definition for completion of participation in E&T is intended to align with the definition of “exit” in WIOA programs, including the provision for no future E&T services. This provision is also intended to address those instances where an E&T participant may be waiting to start a component, such as a training or educational program.

9. If an individual is discontinued from SNAP benefits, but regains eligibility and continues with E&T services within 90 days, should the individual be counted as a “new” participant for the employment and earnings measures, or is this considered a single E&T participation event?

No, if 90 days has not elapsed from when the participant was discontinued from SNAP, then the individual would not be treated as a new participant upon regaining eligibility. They would continue with the prior period of participation, and the state would not include that participant in their employment or earnings measures in the reporting FFY. If there is 90 days or more since the participant completed participation in E&T, then the state would count that individual as starting a new period of participation in E&T.

10. A state agency’s current policy is to disenroll a participant within 60 days of no activity, does the state agency need to update the policy to 90 days with no activity?

No, the state agency does not need to modify their practice to disenroll a participant from E&T after 60 days with no activity. However, the state agency would wait an additional 30 days before they would begin to track and report the employment and earnings for those participants. Regardless of the reason that an E&T participant leaves the E&T program, whether due to loss of SNAP benefits, having completed a component or choosing to stop participating in the E&T program, a state agency should wait 90 days from the date of the last E&T service before they begin to track employment and earnings measures for the E&T participant.

C. Employment and Earnings Measures (7 CFR 273.7(c)(17)(i))

11. What is the impact of the new E&T annual report due date on those states that receive unemployment insurance (UI) wage data on a six-month delay?

We recognize that there is typically a six-month lag time before quarterly wage records (QWR) are available through statesʼ (UI) agencies. Changing the due date of the E&T Annual Report to April 15 (from Jan. 1) will ensure that all state SNAP agencies can report the same four quarters of data for the employment and earnings measures.

The two figures below demonstrate how availability of QWR aligns with the new due date of the E&T annual report (using the FFY 2026 E&T Annual Report, due April 15, 2027, as an example).

  • Figure 1 represents data availability for the employment and earnings measures in the second quarter for an individual completing E&T participation between April 2025 to March 2026.
  • Figure 2 represents the data for the employment measure in the fourth quarter after completion of participation in E&T for E&T participants completing E&T participation between October 2024 to September 2025.
Availability of quarterly wage records for second quarter employment/earnings measures
Figure 1. Availability of quarterly wage records for second quarter employment/earnings measures (example: FFY 2026 E&T Annual Report); download alt text file
  • The first row represents the dates E&T participants have completed participation in E&T.
  • The second row contains the dates that should be matched for employment for those E&T participants.
  • The last row is when the QWR should be available from the state UI agency.

For example, for the second quarter employment/earnings measure: a participant who completed participation in April 2025, the state agency would be looking for wages two quarters (i.e. six months) afterwards—October 2025. The UI quarterly wage records should be available for matching by June 2026.

figure showing timeline of availability of quarterly wage records for fourth quarter employment measure
Figure 2. Availability of quarterly wage records for fourth quarter employment measure (example: FFY 2026 E&T Annual Report); download accessible alt text file.

D. Educational Measures (7 CFR 273.7(c)(17)(ii))

12. The regulations for the educational reporting measures indicate that state agencies willreport on the number and percentage of E&T participants enrolled in education or training programs. Please clarify which components are included in each of the educational measures?

The regulations under 7 CFR 273.7(c)(17)(ii) refer to E&T participants enrolled in education ortraining programs. To clarify, training programs include the sub-components of work-based learning programs under work experience. The components to be reported for each of the educational reporting measures are shown in the table below.

Table 2. Components included in Educational Reporting Measures
ComponentAttainment of Credential/CertificateMeasurable Skill Gains
Education  
Basic Education or Foundational Skills Instruction

Yes

Yes

Integrated Education and Training/Bridge Program

Yes

Yes

Work Readiness Training

Yes

Yes

English Language Acquisition

Yes

Yes

Career/Technical Education Programs or other Vocational Training

Yes

Yes

Work Experience/Work-Based Learning

 

 

Internships

Yes

Yes

Pre-Apprenticeships

Yes

Yes

Apprenticeships

Yes

Yes

Incumbent Worker Training

Yes

Yes

On-the-Job Training (OJT)

No

Yes

Customized Training

No

Yes

Transitional Jobs

No

Yes

13. Are state agencies required to report on both educational measures of attainment of credential/certificate and measurable skill gains?

Yes, state agencies should report on both educational measures. While both measures contain similar attributes, such as attainment of a secondary school diploma or recognized equivalent, each measure serves a different purpose. Attainment of a credential or certificate is an outcome measure, while the measurable skill gains is an interim measure to gauge progress.

14. For individuals who obtain their secondary school diploma or equivalency, are these individuals counted in the “Attainment of Credential/Certificate” measure, or in the “Measurable Skill Gains” measure, or both?

Yes, in this scenario, a state agency should report on an E&T participant who obtains a secondary school diploma or its equivalency in both the attainment of a credential or certificate measure and the measurable skill gains measure.

15. Are there targets for credential attainment and measurable skill gain? Is there an expectation that a certain percentage of participants will achieve these outcomes?

No.

16. Are the two educational measures a duplicated count if the individual participated in more than one educational program or work-based learning (WBL) component?

Yes, if a participant was enrolled in multiple different educational or WBL components during a FFY, they would be counted in each component. 

For example: In May, Jane was enrolled in a basic education component that led to a certificate. Jane completed that program and in July was enrolled in a WBL component that led to a credential. Jane would be counted twice in the denominator in both of the educational measures. Additionally, if she obtained a certificate or credential, she would be counted twice in the numerator for both measures.

17. What is customized training?

Customized training is a type of a work-based learning program that meets the following criteria:

  • that is designed to meet the special requirements of an employer, including a group of employers;
  • is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and
  • for which the employer pays a significant cost of the training, as determined by the state SNAP agency taking in such factors as the size of the employer, the number of individuals participating in the training, the wage and benefit level of those individuals during the training and anticipated upon completion of the training, and other employer-provided training an advancement opportunities with the employer for individuals upon successful completion of the training.

This definition differs slightly from the definition for Workforce and Innovation Opportunity Act (WIOA) programs. However, the definitions in both programs are consistent with one another. State agencies should consult with their state workforce development agencies when considering allowing customized training in E&T.

18. What is incumbent worker training?

Incumbent worker training is typically associated with WIOA programs under Title I, specifically the adult and dislocated worker programs. The broad definition of incumbent worker training is work-based training and upskilling to help current employees acquire the skills necessary to retain their jobs or advance within their company. It is designed to meet the special requirements of an employer, including a group of employers, to retain a skilled workforce or to avert the need to layoff employees by assisting workers in obtaining the skills necessary to retain employment. It is conducted with a commitment by the employer to retain or avert the layoffs of the incumbent workers trained.

E. Educational Measures: Attainment of a Credential or Certificate (7 CFR 273.7(c)(17)(ii)(A))

19. Should the date an E&T participant obtains a credential or certificate fall in the current FFY reported?

Yes, the attainment of a credential or a certificate should fall within the FFY that is being reported. However, the participant does not need to have started participation in that reporting FFY. For example, if an E&T participant was enrolled or was participating in an educational or work-based learning component in a FFY and they obtained a credential or certificate in that same FFY, they would be included in both the denominator and numerator for that FFY. For the attainment of a credential or certificate measure specifically if an E&T participant was enrolled in the preceding FFY but continued participating in the educational or work-based learning component in the subsequent next FFY, they would be included in the measure for the reporting FFY. The table below provides different scenarios for an E&T participantʼs inclusion in the educational measures.

Table 3. E&T Participant Inclusion in Attainment of Credential or Certificate Educational Measure (Various Scenarios)
If reporting FFY is…When E&T participant was enrolled or participating in educational or WBL component…And when E&T participant obtained credential or certificate…How E&T participant is included in E&T annual report
FFY 2026Enrolled in FFY 2025 and still participating during FFY 2026Obtained a credential between in FFY 2026Included in both denominator and numerator
FFY 2026Enrolled in FFY 2026Obtained a credential in FFY 2026Included in both denominator and numerator
FFY 2026Enrolled in FFY 2026 Include in denominator only
FFY 2027Enrolled in FFY 2026 and still participating during FFY 2027Obtained a credential in FFY 2027Included in both denominator and numerator
20. How would an E&T participant be counted in the attainment of a credential or certificate measure if they participate in FFY 26 and FY 27 but only receive a credential in FFY 27? Should they be counted in the denominator in both FFYs, or just FFY 27?

If a participant is enrolled in an educational or work-based learning component in one FFY and is still participating in that component in the subsequent FFY, they would be included in the denominator for both FFYs. The participant would only be included in the numerator in the reporting FFY in which they obtain the certificate or credential. 

For example, Jane was enrolled in a career and technical education program in January 2026 (FFY 2026) and was still participating in that program in November 2026 (FFY 2027) when she obtained the certificate or credential. Jane would only be counted in the denominator in the FFY 2026 E&T annual report but would be counted in both the denominator and the numerator for the FFY 2027 E&T annual report. See table 3 for different scenarios.

21. Is an E&T provider required to obtain a copy of the credential or certificate? Can E&T participants self-report the attainment of a credential or certificate?

We recommend that state agencies have some documented evidence of an E&T participantʼs attainment of a credential or certificate to validate the reporting measure. Suggested source documents state agencies could consider include data match with postsecondary data system or k-12 system; copy of enrollment record; case notes; school records or verification of enrollment; and transcript or report card. These suggested source documentations are consistent with the requirement in the WIOA programs for this same measure.

An E&T participantʼs self-reported attainment of the credential or certificate, documented in the case managerʼs case notes, could be considered as evidence to validate the reporting measure.

22. Should a state agency work toward utilizing the Eligible Training Provider List (ETPL) that is used by Workforce Innovation and Opportunity Act (WIOA) programs?

No, there is no requirement for a state agency to utilize the ETPL.

F. Educational Measures: Measurable Skill Gains (7 CFR 273.7(c)(17)(ii)(B))

23. What is the purpose of a measurable skill gains measure?

The measurable skill gains measure is used to gauge the interim progress of participants who are enrolled in education or training services during a FFY. This may be particularly critical for education or training services that are designed as part of a pathway to a longer-term program or credential.

24. What are the types of measurable skill gains that count in this measure?

States have discretion to determine the types of information that they will collect to report on measurable skill gains. Examples of measurable skill gains include the following:

  • Documented achievement of at least one educational functioning level;
  • Documented attainment of a secondary school diploma or recognized equivalency;
  • Secondary or postsecondary transcript or report card for sufficient number of credit hours that shows a participant is meeting the stateʼs academic standards;
  • Satisfactory or better progress toward established milestones from a training provider who is providing training; or
  • Successful passage of an exam that is required for particular occupation or progress in attaining technical or occupational skills as evidenced by trade-related benchmarks.
25. What if an E&T participant participated in one component but was able to achieve two skills gains in the same year? Would they be counted twice because they achieved two gains?

For the measurable skill gains measure, the denominator consists of the participants who, at any point in the reporting fiscal year, were in an education or work-based learning component that leads to a recognized postsecondary credential or employment. Participants should be counted only once. However, if the participant was enrolled in more than one education or work-based learning component during the reporting FFY, they would be counted in each component The numerator contains those participants who achieved at least one type of gain during the reporting FFY. A participant may have achieved more than one type of gain in a reporting FFY however, only one gain per participant may be reported for each component. If the participant was enrolled in more than one education or work-based learning component and achieved a measurable skill gain in each of the enrolled components then they would be counted in the numerator and denominator for each enrolled component.

26. What is the definition of achievement of at least one educational functioning level?

The achievement of at least one educational functioning level particularly applies to those E&T participants receiving instruction below the postsecondary level, such as those participating in Basic Education or Foundational skills instruction (e.g. adult basic education, high school equivalency programs). Aligning with the practice for WIOA programs, there are a few ways that a state may measure educational functioning level, such as:

  • Compare the participantʼs initial educational functioning level, as measured by a pre-test, with the participantʼs educational functional level, as measure by a post-test.
  • Adult high school programs that lead to a secondary school diploma or equivalent may measure and report educational gain through the awarding of credits or Carnegie units (i.e. credit hours); or
  • Report a gain for a participant who completes a program that was below the postsecondary level and was enrolled in a postsecondary education and training after completion during the year.

We recommend that state agencies consult with their state agencies responsible for postsecondary education or secondary education when considering methods for measuring educational functioning level.

27. What are some examples of documentation for measurable skills gains?

States are encouraged to develop consistent policies on the types of documentation they will collect to report on measurable skill gains and align their practices with WIOA. Below are examples of documentation, listed by category, that state agencies may consider as they develop policies and procedures. These examples are drawn from the documentation that is utilized for WIOA programs.

  • Documented attainment of a secondary school diploma or its recognized equivalent. Examples include:
    • participant obtains certification of attaining passing scores on all parts of a state-recognized high school equivalency test; or
    • participant obtains a diploma or state-recognized equivalent documenting satisfactory completion of secondary studies, including a high school or adult secondary school diploma.
  • Secondary or postsecondary transcript or report card of a sufficient number of credit hours that shows a participant is meeting the state unit's academic standards. Examples include:
    • For secondary education, this gain may be documented through receipt of a secondary transcript or report card for one semester showing that the participant is achieving the state unit's policies for academic standards.
    • For postsecondary education, this gain should demonstrate enough credit hours, typically at least 12 hours per semester, that shows a participant is achieving the state unit's academic standards, or the equivalent for non- credit hour programs.
  • Satisfactory or better progress report, toward established milestones from a training provider who is providing the training, such as:
    • training reports on milestones completed as the individual masters the required skills, or steps to complete programs, such as on-the-job training or apprenticeship programs. Milestones should be established in advance of the education or training and should be documented in the participant's case file.
  • Successful passage of an exam that is required for a particular occupation or progress in attaining technical or occupational skills as evidenced by trade-related benchmarks, such as knowledge-based exams. Examples of documentation:
    • passage of a component exam in a Registered Apprenticeship program;
    • employer-required knowledge based exam;
    • satisfactory attainment of an element on an industry or occupational competency-based assessment; or
    • other completion tests necessary to obtain a credential.
28. Where are the stateʼs academic standards located? Is this within the purview of the stateʼs Department of Education?

Within each state there is an administrative agency that provides authorization to postsecondary institutions, such as setting postsecondary education standards. These agencies are often called State Boards of Higher Education.

For secondary education, every state has a State Educational agency, that establishes the educational standards for secondary education within the state.

G. Employment, Earnings and Educational Measures by Participant Characteristics (7 CFR 273.7(c)(17)(iii))

29. For the participant characteristic under 7 CFR 273.7(c)(17)(iii) of mandatory E&T participants deemed ineligible due to failure to comply with mandatory E&T, are you asking for the number of unduplicated individuals who were removed from SNAP due to non-compliance in E&T?

State agencies operating a mandatory E&T program should report an unduplicated count of E&T participants who were deemed ineligible for SNAP due to failure to comply with E&T requirements. For the employment, earnings and educational measure for this characteristic, the denominator will include SNAP participants required to participate in E&T who were referred to E&T and were deemed ineligible for SNAP due to a failure to comply with E&T requirements. The numerator would include the mandatory E&T participants who were deemed ineligible due to failure to comply with E&T requirements and who, for example, had wages in the second quarter after the date of ineligibility.

H.Mandatory E&T Program Reporting (7 CFR 273.7(c)(17)(iv))

30. Do the “certification or recertification” rules in the instructions for line 9 of the FNS-583 report for the number of individuals required to participate in E&T apply to the unduplicated number of SNAP participants who are required to participate in E&T for the E&T annual report?

While the mandatory E&T program reporting measures under 7 CFR 273.7(c)(17)(iv) are similar to the elements being reported through the quarterly E&T Program Activity Report (FNS-583), the methodology for the measures are different. For the E&T annual report, state agencies operating a mandatory E&T program will report an unduplicated count for each of the measures. For example, for the unduplicated number of SNAP participants who were required to participate in E&T state agencies will count everyone only one time if the individual was required to participate in E&T at any time during the reporting FFY, even if they were required to participate more than one time in the reporting FFY.

31.If someone is terminated during the FFY twice because of failure to comply with E&T requirements, will they only be counted once for the count of SNAP participants that were deemed ineligible for failure to comply with E&T requirements?

Yes, they would only be counted once. Individuals should only be counted once during a reporting period, regardless of the number of times they are sanctioned during the reporting period.

I.E&T Participant Characteristics (7 CFR 273.7(c)(17)(v))

32. The term "participant characteristics" is now used in two different sections of the E&T Annual Report—E&T participation for the FFY and in the Employment, Earnings and Educational Measures. Are the time periods used for reporting the same for each section?

No, the time periods are different. To understand the effectiveness of an E&T program and its impact on the individuals being served, it is important to capture both the characteristics of the E&T participants receiving E&T services as well as the outcomes, such as the employment measure for unsubsidized employment in the second quarter after completion of E&T participation, disaggregated by certain participant characteristics.

  • For the E&T Participant Characteristics, state agencies will report on the participant characteristics of the E&T participants served during the reporting FFY (e.g. Oct. 1, 2025, to Sept. 30, 2026, for FFY 2026).
  • For the Employment, Earnings and Educational measures by Participant Characteristics, state agencies will report on the same time as the applicable measure. See table 1 for more information on the reporting time periods. For ease of reference, table 4 below provides a list of the participant characteristics to be reported in the two sections of the E&T annual report.
Table 4. Participant Characteristics Reported in each Section of the E&T Annual Report
Participant CharacteristicIncluded in Employment, Earnings and Educational MeasuresIncluded in E&T Participant Characteristic
Voluntary E&T Participant

Yes

Yes

Mandatory E&T Participant

Yes

Yes

Have received a high school diploma or equivalency prior to referral to E&T services

Yes

Yes

ABAWDs

Yes

Yes

English Language Learners

No

Yes

Sex (female, male, not reported by participant)

 No

 Yes

Age ranges (16-17; 18-35; 36-49; 50-59; 60 or older)

No

Yes

Race and/or Ethnicity

Yes

Yes

Mandatory E&T Participants deemed ineligible due to failure to comply with E&T requirements

Yes

No

K. State Component Measures (7 CFR 273.7(c)(17)(vi))

33. Will states be required to include credential attainment as a state specific component measure for certain components (e.g. career/technical education) that are projected to serve 100 participants or more?

The final rule did not modify the regulation under 7 CFR 273.7(c )(6)(xviii) that requires state agencies to identify in their annual E&T State Plan a reporting measure for any component that is expected to include at least 100 participants. The Food and Nutrition Act of 2008, as amended, provides states with the flexibility to determine component measures.

We note that the Act specifies that measures should be appropriate to the component with the goal of identifying improvements in the skills, training, education or work experience of E&T participants. While the attainment of a credential or certificate or measurable skill gains are not required as a state component measure, we would encourage the use of these measures, particularly for educational or work-based learning components. When determining a state component measure, you should ensure that it's a measure that can be collected by the state agency, that it's relevant or appropriate to the component and that it's timely to the receipt of E&T services.

34. Should states try to align their measures with the FFY if they are now measuring periods that cross years due to data collection limitations?

State agencies have the flexibility to determine an appropriate component measure. While it is a best practice to have a measure that is timed closely to the receipt of E&T services under a particular component, it is not required by FNS. SNAP regulations at 7 CFR 273.7(c )(6)(xviii) provide several examples of measures that state agencies may consider proposing in their annual E&T State Plans. State agencies should be aware that the component measure included in an approved E&T State Plan in DATASET will be the measure that will be pre-loaded in DATASET for the E&T annual report for the reporting FFY.

35. If a state does not expect to have 100 participants in a component, does the component measure need to be included in the state plan?

If a state agency does not indicate in their E&T State Plan that they expect to serve at least 100 participants in a particular component, the state is not required to establish a component measure. For the E&T State Plan in DATASET the state agency will only see the questions regarding a state component measure only if they have indicated a given component is expected to serve at least 100 participants in that FFY.

36. If a state intended to serve 100 participants and included a component measure in the State Plan, will they be required to report on that measure in the E&T Annual Report?

Yes. If a state intended to serve 100 participants in a FFY and included a reporting measure for that component in the E&T State Plan, they would be expected to report on that measure in the E&T annual report, even if they served fewer than the expected 100 participants.

L. Assessing the Effectiveness of E&T Programs (7 CFR 273.7(c)(16))

37. What specific measures will be considered in determining whether a program is effective or efficient? For example, will you look at specific percentages that need to be met in terms of certificate completion, etc.?

The reporting measures in the E&T Annual Report are just one tool that we will use to assess the effectiveness of a stateʼs E&T program. Other information that we will consider includes, but is not limited to, the stateʼs E&T State Plan, the E&T Program Activity Reports (FNS-583) and management evaluations. Because state agencies have great flexibility in the design of their E&T program, we are not establishing benchmarks or a threshold for inadequate performance. We will assess and evaluate each state agency based on the attributes of a stateʼs E&T program.

M. Miscellaneous or Other Categories

38. With the E&T Annual Report due April 15, is it correct that certain line items must continue to match between the 4th quarter FNS-583 and E&T Annual Report, such as the number of individuals served in E&T in line 8 of the FNS-583 and the E&T participant characteristics of the E&T Annual Report?

With the implementation of our new web-based system, DATASET, some information and data will be pre-populated in the system for the E&T Annual Report. The components that were expected to serve at least 100 and the corresponding reporting measure will be pre-populated based on the approved E&T State Plan for the reporting year. In addition, the number of E&T participants reported on line 8 in the FNS-583 4th quarter report will be pre-populated in the participant characteristics section of the E&T Annual Report. State agencies will then only enter the number of E&T participants with a particular characteristic, such as voluntary E&T participants.

39. What tools/materials can you provide to support training E&T staff at the state or county level?

Several training tools have been provided, including the following:

  • a reporting template that provides details for each reporting line as reflected in DATASET;
  • a methodology chart for each section of the report; and
  • various tip sheets, such as the components that count (or do not count) for the educational measures.

We welcomes state agencies' input about other documents or tools that would be helpful in meeting reporting obligations.

40. Can states receive an extension of the implementation date of Oct. 1, 2025?

We will work with state agencies to ensure that they are prepared to submit the FFY 2026 report on April 15, 2027. The employment and earnings measures did not change, except for reporting those measures by certain participant characteristics. We understand that the addition of the educational measures, for example, may require either process or system changes to states' Management Information Systems (MIS), and that changes to states' MIS may be delayed due to either operational or funding implications. We will work with states on a case-by-case basis to address those elements of the E&T Annual Report that may be impacted by such a delay.

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Summary

Questions and answers on provisions of the SNAP Employment and Training Monitoring, Oversight and Reporting Measures Final Rule.

Page updated: August 04, 2025
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Secretary Rollins Announces Local Food Purchases for Communities in Need

U.S. Secretary of Agriculture Brooke L. Rollins today announced the U.S. Department of Agriculture’s intent to purchase up to $230 million in fresh seafood, fruits, and vegetables from American farmers and producers to distribute to food banks and nutrition assistance programs across the country.

08/01/2025

Information Collection Request for Comments - Understanding Participant Experiences in SNAP E&T

Summary

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a new information collection for the contract of the project titled “Understanding Participant Experiences in Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T).” The purpose of this collection is to help FNS develop a comprehensive understanding of how SNAP participants experience the SNAP E&T program and to identify actionable recommendations to help programs improve their customer service and efficiently connect participants with training and services that meet their needs.

Request for Comments

Written comments must be received on or before Sept. 29, 2025.

Comments may be mailed to Kristen Corey, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th Floor, Alexandria, VA 22314 or submitted via email to kristen.corey@usda.gov. Comments will also be accepted through the Federal eRulemaking Portal; go to http://www.regulations.gov, and follow the online instructions for submitting comments electronically.

All responses to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will be a matter of public record.

Abstract

The Supplemental Nutrition Assistance Program (SNAP) offers a vital lifeline to low-income Americans, preventing hunger during difficult times. When determining SNAP eligibility, states must identify anyone in the household that is (1) subject to general work requirements, (2) subject to a time limit on benefits if they are not meeting work requirements, and (3) required to participate in the State's SNAP Employment and Training (E&T) program. States vary considerably in how they determine eligibility, share information about work requirements and employment and training opportunities, and make referrals to SNAP E&T programs. The “Understanding Participant Experiences in SNAP E&T” project will help the U.S. Department of Agriculture (USDA), Food and Nutrition Service's (FNS) to assess SNAP participants' understanding of work requirements and their experiences accessing SNAP E&T programs that meet their needs.

We expect four states to participate in the project, including two states that operate mandatory SNAP E&T programs and two states that operate voluntary SNAP E&T programs. The project aims to (1) explore SNAP work registrants' understanding of work requirements when certifying or recertifying for SNAP eligibility; (2) describe SNAP work registrants' experiences with accessing SNAP E&T services and finding training opportunities that meet their needs; (3) assess the experiences of SNAP E&T participants; and (4) develop recommendations that States can use to support program participants in navigating work requirements and SNAP E&T.

To achieve the research objectives, the project will document and describe the experiences of SNAP participants in the four states through two qualitative research methods: photovoice and in-depth interviews. Photovoice engages participants in structured activities where they use photos they have taken to guide interviews with researchers. The interviews will focus on and highlight themes and issues most significant to participants about SNAP E&T. In-depth interviews will provide rich, detailed accounts of participants' thoughts, behaviors, and experiences with work requirements and in SNAP E&T programs. Finally, the project will include video interviews with SNAP E&T participants and staff that provide E&T services to create a multimedia deliverable that tells a complete story of navigating work requirements and engaging with SNAP E&T. The study team will work with FNS to select and recruit state agencies and SNAP E&T providers that offer direct services to SNAP participants to support the recruitment for photovoice and in-depth interviews.

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Summary

This is a new information collection for the contract of the project titled “Understanding Participant Experiences in Supplemental Nutrition Assistance Program Employment and Training.” The purpose of this collection is to help us develop a comprehensive understanding of how SNAP participants experience the SNAP E&T program and to identify actionable recommendations to help programs improve their customer service and efficiently connect participants with training and services that meet their needs.

Page updated: July 29, 2025

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Public Benefit”

Summary

This notice sets forth the interpretation that the U.S. Department of Agriculture (USDA) uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), PL 104–193, 8 USC 1611. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “federal public benefits” within the scope of PRWORA.

Supplementary Information

I. Background

According to Section 401 of PRWORA, 8 USC 1611(a), aliens who are not “qualified aliens” are not eligible for any “Federal public benefit” as defined in 8 USC 1611(c). The prohibition set forth in § 1611(a) is subject to certain exceptions set forth in § 1611(b). The application of § 1611(a) and exceptions contained in 1611(b) are conceptually distinct from the meaning of “Federal public benefit” and is not addressed in this notice.

The statutory text, § 1611(c), defines “Federal public benefit” as “(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States” and “(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.” 8 USC 1611(c)(1). This definition, too, is subject to certain exceptions. See id. (c)(2) (setting forth certain exceptions to the definition of “federal public benefit”).

In addition, under Section 432 of PRWORA, as amended, to the extent required by law, providers of a nonexempt ‘‘Federal public benefit’’ must verify that a person applying for the benefit is a qualified alien and is eligible to receive the benefit. 8 USC 1642. While the verification requirement is necessary to proper enforcement of PRWORA, it is conceptually distinct from the meaning of the term “Federal public benefit” and this notice is not intended to address application of such requirement. Neither does this notice speak to “Federal public benefits” that may be subject to other statutory authority besides PRWORA regarding citizenship and alien eligibility.

II. Interpretation

Statutory construction “‘must begin, and often should end as well, with the language of the statute itself.’” United States v. Steele, 147 F.3d 1316, 1318 (11th Cir. 1998) (quoting Merritt v. Dillard, 120 F.3d 1181, 1185 (11th Cir. 1997). “The plain meaning controls.” United States v. Robinson, 94 F.3d 1325, 1328 (9th Cir. 1996) (citation omitted). The statutory language is clear: if a USDA program falls into either §1611(c)(1)(A) or (c)(1)(B), such benefits are not available to individuals who are aliens, unless (i) that individual is a qualified alien, or (ii) some other exception applies to the USDA program, either under §1611(b) or via the definitional limits on “Federal public benefit” set forth in (c)(2). Thus, the task is simple: construe the plain language of (c)(1)(A) and (c)(1)(B). Those provisions state that “Federal public benefit” means:

  1. Any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and
  2. any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.

If USDA “provide[s]” the (i) “grant, contract, loan, professional license, or commercial license,” or if the “grant, contract, loan, professional license, or commercial license” is “provided by” “appropriated funds of the United States,” then such item is a “Federal public benefit.” Similarly, if USDA “provide[s]” the “retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit,” or such “benefit” is “provided by” “appropriated funds of the United States,” then such benefit is a “Federal public benefit,” as long as the benefit is “provided to” one of three types of recipients: (i) “an individual,” (ii) a “household,” or (iii) a “family eligibility unit.”

1. Grant

Section 1611(c)(1)(A) reaches “any grant, contract, loan, professional license, or commercial license” provided by USDA. For purposes of PRWORA, a grant means the award of funding for an individual or entity to carry out specified activities without the direct involvement of USDA. USDA administers a multitude of grant programs, including those in which the grants go to institutions, states, local governments, private entities and private organizations. Sometimes the activity supported by the grant is carried out by the “recipient”; sometimes the recipient issues a subgrant to an individual or entity. For PRWORA purposes, the term “grant” includes any “subgrant” derivative of a grant.

2. Contract

Many USDA programs and activities are carried out by the use of contracts. For example, contracts are used by the Farm Service Agency to provide assistance to agricultural producers in the form of income support payments and by the Forest Service in conducting forest management activities to reduce the risk of wildfires. USDA also provides assistance and benefits to individuals and entities through the use of several different types of instruments including loan guarantees (e.g., programs of the Rural Development agencies), reinsurance agreements (core operations of the Risk Management Agency), cooperative agreements (agreements used by numerous USDA agencies when the agency is working with another party to accomplish a public purpose authorized by law) and “export credit guarantees” (financial assurances made available through programs administered by the Foreign Agricultural Service). In the context of PRWORA, all instruments that are contractual in nature that are used by USDA agencies are considered to be contracts.

With respect to any contract, professional license, or commercial license, PRWORA excludes from the definition of “Federal public benefit” “any contract, professional license or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658 (or a successor provision) is in effect.” See 8 USC 1611(c)(2)(A).

3. Loan

The majority of loans made by USDA agencies are “recourse” loans meaning the borrower is responsible for repayment of the full amount of the accumulated principal and interest that has accumulated; in the event the loan collateral is forfeited, the borrower remains responsible for any difference between the value of the collateral and the amount of the outstanding loan balance (principal plus interest). Many loans made by the Commodity Credit Corporation (CCC), an agency and instrumentality of the United States within USDA, are “nonrecourse” loans meaning that a borrower may forfeit the loan collateral to CCC in full satisfaction of the loan. In the context of PRWORA, both recourse and nonrecourse loans are considered to be loans.

4. Commercial license

As in the case of contracts, various types of legal documents are considered by USDA to be a “commercial license” for PRWORA purposes. For example, 7 CFR 6.20(b) provides: “Effective January 1, 1995, the prior regime of absolute quotas for certain dairy products was replaced by a system of tariff-rate quotas. The articles subject to licensing under the tariff-rate quotas are listed in Appendices 1, 2, and 3 to be published annually in a notice in the Federal Register. Licenses permit the holder to import specified quantities of the subject articles into the United States at the applicable in-quota rate of duty. If an importer has no license for an article subject to licensing, such importer will, with certain exceptions, be required to pay the applicable over-quota rate of duty.” The United States Warehouse Act establishes a voluntary system under which parties that store agricultural commodities may obtain a license from USDA in lieu of obtaining licenses from states. These, and similar licenses are “commercial licenses” for PRWORA purposes. The Forest Service issues a variety of permits (i.e., “special use permits” issued under 36 CFR 251) that allow individuals and private entities the privilege of conducting activities on land administered by the Forest Service. These activities include non-commercial and commercial activities. If USDA issues a special permit that allows the holder of the permit to engage in a commercial activity, such permit is a “commercial license” for PRWORA purposes.

5. PRWORA Provisions Applicable to the Food and Nutrition Service (FNS)

As previously discussed, the application of §1611(a) is conceptually distinct from the definition of a “Federal public benefit” under §1611(c). Nonetheless, to avoid confusion the application of 8 USC 1615 to certain FNS programs is briefly discussed. Section 1615(a) provides:

Notwithstanding any other provision of [PRWORA], an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act (42 USC 1751, et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 USC 1773) on the basis of citizenship, alienage, or immigration status.

Further, §1615(b) provides:

Nothing in [PRWORA] shall prohibit or require a state to provide to an individual who is not a citizen or a qualified alien, as defined in section 1641(b) of [Title 8], benefits under programs established under the provisions of law described in paragraph (2).

In particular, the statutory provisions in paragraph (2) are “(A) Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act (42 USC 1751 et seq.) and the Child Nutrition Act of 1966 (42 USC 1771 et seq.)[;] (B) Section 4 of the Agriculture and Consumer Protection Act of 1973 (7 USC 612c note)[;] (C) The Emergency Food Assistance Act of 1983[;] [and] (D) The food distribution program on Indian reservations established under section 2013(b) of Title 7.”

Although they each fall within the meaning of “Federal public benefit” under §1611(c), FNS continues to administer the following programs in accordance with the superseding provisions of §1615:

  • Food Distribution Program on Indian Reservations (FDPIR).
  • The Emergency Food Assistance Program (TEFAP).
  • Commodity Supplemental Food Program (CSFP).
  • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
  • WIC Farmers’ Market Nutrition Programs.
  • Senior Farmers’ Market Nutrition Programs.
  • National School Lunch Program.
  • School Breakfast Program.
  • Child and Adult Care Food Program.
  • Fresh Fruit and Vegetable Program.
  • Special Milk Program.
  • Summer Food Service Program.
  • Summer EBT.

USDA Food and Nutrition Service Disaster Assistance. (FNS does not administer a distinct disaster assistance program but utilizes various flexibilities, waivers, and options within the nutrition programs to provide assistance. Therefore, 8 USC 1615 would continue to apply where relevant.)

III. USDA Programs

Programs and Activities of FNS

Federal Public Benefit Under the Meaning of §1611(c)(1)(A)

FNS administers a variety of grants, cooperative agreements, and contracts. FNS grants primarily fall into two categories – discretionary grants and mandatory grants. FNS Standard Operating Procedure (SOP) refer to cooperative agreements and grants under the term “grants.” Authority to enter into contracts, grants, and cooperative agreements in accordance with section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, is delegated to the Under Secretary for Food, Nutrition, and Consumer Services pursuant to 7 CFR 2.19. Other legal statutory authorities for such instruments include the Food and Nutrition Act of 2008, as amended, the Richard B. Russell National School Lunch Act, as amended, the Child Nutrition Act of 1966, as amended, and annual appropriations legislation.

Section 1611(c)(1)(A) applies to “any” of the instruments listed. The term “any” is all encompassing. Unlike its neighboring provision, subparagraph (B), §1611(c)(1)(A) is void of limiting language based on characteristics of the recipient(s) of the benefit or other factors if the contract, grant, loan, professional license, or commercial license is “provided by an agency of the United States or by appropriated funds of the United States.” Congress explicitly provided specific exceptions for contracts, professional licenses, and commercial licenses at 8 USC 1611(c)(2) and the absence of other qualifications on instruments listed at §1611(c)(1)(A) indicates there are no others. Therefore, FNS interprets §1611(c)(1)(A) that every grant, contract, loan, commercial license, and professional license, of any kind or nature whatsoever regardless of its authorizing statute or regulation provided by FNS or appropriated funds of the United States is a “Federal public benefit” without exception other than those contained at §1611(c)(2).

The statutory language at §1611(c)(1)(A) reaches all instruments listed if “provided by an agency of the United States or by appropriated funds of the United States.” Therefore, FNS considers a sub-grant and a sub-contract made from a prime grant or prime contract provided by FNS or appropriated federal funds to be a “Federal public benefit.” Accordingly, the ultimate beneficiaries to whom federal funds flow from a contract or grant provided by FNS or appropriated funds of the United States are recipients of a “Federal public benefit.” For example, if a food bank receives a grant which is used to purchase food for distribution, the individual who receives the food assistance has received a “Federal public benefit.”

As stated above, the applicability of other provisions of PRWORA is conceptually distinct from the question of what the term “Federal public benefit” means, and this Notice does not intend to address that question except to the extent of the brief discussion concerning §1615 above.

FNS issues commercial licenses by authorizing retailers to accept Supplemental Nutrition Assistance Program (SNAP) benefits pursuant to 7 CFR 278.1 and 7 USC 2018. Applicants are required to submit an application that FNS must approve. Only if authorized, may a retailer engage in the commercial activity of accepting SNAP benefits as payment for certain commercial goods. Therefore, FNS interprets “Federal public benefit” to include a retailer authorization to participate in SNAP because such authorization is in the form of a commercial license.

FNS administers 16 food and nutrition programs under a variety of statutes like the Food and Nutrition Act of 2008, Richard B. Russell National School Lunch Act, Child Nutrition Act of 1966, Agriculture and Consumer Protection Act of 1973, Emergency Food Assistance Act of 1983, and 7 USC 2013(b) (i.e., Food Distribution Program on Indian Reservations). All food and nutrition programs meet the definition of “Federal public benefit” pursuant to §1611(c)(1)(B). The 16 programs are as follows:

  • The Supplemental Nutrition Assistance Program (SNAP).
  • Nutrition Assistance Program for Territories.
  • Food Distribution Program on Indian Reservations (FDPIR).
  • The Emergency Food Assistance Program (TEFAP).
  • Commodity Supplemental Food Program (CSFP).
  • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
  • WIC Farmers’ Market Nutrition Programs.
  • Senior Farmers’ Market Nutrition Programs.
  • National School Lunch Program.
  • School Breakfast Program.
  • Child and Adult Care Food Program.
  • Fresh Fruit and Vegetable Program.
  • Special Milk Program.
  • Summer Food Service Program.
  • Summer EBT.
  • Disaster Assistance

In particular, these are benefits “provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.” As discussed earlier, some of the above programs are administered pursuant to 8 USC 1615 even though they are “Federal public benefits”. FNS also recognizes that the definition of “Federal public benefit” is inapplicable “with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Attorney General, after consultation with the Secretary of State.” See 8 USC 1611(c)(2)(B).

IV. Verification and Economic Impact

Due to the multitude of USDA programs that are available to tens of millions of individuals, USDA will continue to evaluate the manner in which it will verify compliance with PRWORA. USDA will, to the maximum extent possible, minimize the imposition of reporting and information and information collection requirements. Similarly, USDA continues to analyze the economic impact of this interpretation, but at this time, has not found there to be significant economic impact. USDA will issue subsequent guidance on verification actions and a final determination regarding the economic impact of this interpretation.

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This notice sets forth the interpretation that the U.S. Department of Agriculture uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “Federal public benefits” within the scope of PRWORA.

Page updated: July 10, 2025
Page updated: June 06, 2025
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News Item
Secretary Rollins Announces Food Purchases for Communities in Need

U.S. Secretary of Agriculture Brooke Rollins today announced the U.S. Department of Agriculture’s intent to purchase up to $67 million in fresh seafood, fruits, and vegetables from domestic producers to distribute to food banks and nutrition assistance programs across the country. 

05/23/2025

First 100 Days at FNS

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President Trump made a commitment to the American people to cut wasteful spending, Make America Healthy Again, and to combat fraud, waste, and abuse—restoring common sense to government. Under the leadership of Secretary Rollins, USDA’s FNS has taken swift and decisive action to be representative of the change the American people voted for.

Page updated: August 20, 2025

TEFAP - Availability of Foods for Fiscal Year 2025

Summary

This notice announces the surplus and purchased foods that the Department expects to make available for donation to states for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in fiscal year (FY) 2025. The foods made available under this notice must, at the discretion of the state, be distributed to eligible recipient agencies (ERAs) for use in preparing meals and/or for distribution to households for home consumption.

Supplementary Information

In accordance with the provisions set forth in the Emergency Food Assistance Act of 1983 (EFAA), 7 USC 7501, et seq., and the Food and Nutrition Act of 2008, 7 U.S.C. 2036, the Department makes foods available to states for use in providing nutrition assistance to those in need through TEFAP. In accordance with section 214 of the EFAA, 7 USC 7515, funding for TEFAP foods is allocated among states according to a formula that accounts for poverty and unemployment levels within each state. Section 214(a)(1) of the Act requires that 60 percent of each state's allocation be based on the number of people with incomes below the poverty level within the state; and Section 214(a)(2) requires that the remaining 40 percent be equal to the percentage of the nation's unemployed persons within the state. State officials are responsible for establishing the network through which the foods will be used by ERAs in providing nutrition assistance to those in need and for allocating foods among those ERAs. States have full discretion in determining the amount of foods that will be made available to ERAs for use in preparing meals and/or for distribution to households for home consumption.

Surplus Foods

Surplus foods donated for distribution under TEFAP are Commodity Credit Corporation (CCC) foods purchased under the authority of section 416 of the Agricultural Act of 1949, 7 USC 1431 (section 416) and foods purchased under the surplus removal authority of section 32 of the Act of Aug. 24, 1935, 7 USC 612c (section 32). The types of foods typically purchased under section 416 include dairy, grains, oils, and peanut products. The types of foods purchased under section 32 include meat, poultry, fish, vegetables, dry beans, juices, and fruits.

Approximately $262 million in surplus foods acquired in FY 2024 are being delivered to states in FY 2025. Surplus foods currently scheduled for delivery in FY 2025 include almonds, apples, applesauce, asparagus, cheese, dates, figs, fish, grape juice, grapefruit, hazelnuts, milk, peaches, pears, pecans, pistachios, plums, potatoes, strawberries, and walnuts. Other surplus foods may be made available to TEFAP throughout the year. The Department would like to point out that food acquisitions are based on changing agricultural market conditions; therefore, the availability of foods is subject to change.

Purchased Foods

In accordance with section 27 of the Food and Nutrition Act of 2008, 7 USC 2036, the Secretary is directed to purchase an estimated $462.25 million worth of foods in FY 2025 for distribution through TEFAP.

For FY 2025, the Department anticipates purchasing the foods listed in the following table for distribution through TEFAP. The amounts of each item purchased will depend on the prices the Department must pay, as well as the quantity of each item requested by the states. Changes in agricultural market conditions may result in the availability of additional types of foods or the non-availability of one or more foods listed in the table.

FY 2025 USDA Foods Available List for the Emergency Food Assistance Program (TEFAP)

Key

H—Halal Certification Required
K—Kosher Certification Required
IQF—Individually Quick Frozen

UHT—Ultra-High Temperature Pasteurization
LFTB OTP—Lean Finely Textured Beef Optional
WG—Whole Grain

 Fruits
  • Apples, Braeburn, Fresh
  • Apples, Empire, Fresh
  • Apples, Fuji, Fresh
  • Apples, Gala, Fresh
  • Apples, Granny Smith, Fresh
  • Apples, Red Delicious, Fresh
  • Apples, Fresh
  • Apple Juice, 100%, Unsweetened
  • Apple Slices, Unsweetened, Frozen (IQF)
  • Applesauce, Unsweetened, Canned (K)
  • Applesauce, Unsweetened, Cups, Shelf-Stable
  • Apricots, Halves, Extra Light Syrup, Canned
  • Blueberries, Highbush, Unsweetened, Frozen
  • Cherry Apple Juice, 100%, Unsweetened
  • Cranberry Apple Juice, 100%, Unsweetened
  • Cranberries, Dried, Individual Portion
  • Grape Juice, Concord, 100%, Unsweetened
  • Grapefruit Juice, 100%, Unsweetened
  • Fruit and Nut Mix, Dried
  • Mixed Fruit, Extra Light Syrup, Canned
  • Oranges, Fresh
  • Orange Juice, 100%, Unsweetened
  • Peaches, Freestone, Slices, Frozen
  • Peaches, Sliced, Extra Light Syrup, Canned
  • Pears, Bartlett, Fresh
  • Pears, Bosc, Fresh
  • Pears, D'Anjou, Fresh
  • Pears, Fresh
  • Pears, Extra Light Syrup, Canned (K)
  • Plums, Pitted, Dried
  • Raisins, Unsweetened, Individual Portion
  • Raisins, Unsweetened
  • Strawberries, Whole, Unsweetened, Frozen (IQF)
Dairy
  • Cheese, American, Reduced Fat, Loaves, Refrigerated
  • Cheese, Cheddar, Yellow, Shredded, Refrigerated
  • Cheese, Cheddar, Yellow, Chunks, Refrigerated
  • Milk, 1%, Shelf-Stable UHT
  • Milk, 1%, Individual Portion, Shelf-Stable UHT
  • Milk 1% Fresh
  • Milk, Skim, Fresh Yogurt, High-Protein, Vanilla, Chilled (K)Milk, Skim, Fresh
  • Yogurt, High-Protein, Vanilla, Chilled (K)
  • Yogurt, High-Protein, Blueberry, Chilled (K)
  • Yogurt, High-Protein, Strawberry, Chilled (K)
Vegetables
  • Beans, Green, Low-sodium, Canned (K)
  • Beans, Green, No Salt Added, Frozen
  • Carrots, Diced, No Salt Added, Frozen
  • Carrots, Sliced, Low-sodium, Canned
  • Corn, Whole Kernel, No Salt Added, Canned (K)
  • Corn, Cream Style, Low-sodium, Canned
  • Corn, Whole Kernel, No Salt Added, Frozen
  • Mixed Produce Box, Fresh
  • Mixed Vegetables, 7-Way Blend, Low-sodium, Canned
  • Peas, Green, Low-sodium, Canned
  • Peas, Green, No Salt Added, Frozen
  • Potatoes, Dehydrated Flakes
  • Potatoes, Round, Fresh
  • Potatoes, Russet, Fresh
  • Potatoes, Sliced, Low-sodium, Canned
  • Pumpkin, No Salt Added, Canned
  • Spaghetti Sauce, Low-sodium, Canned
  • Spinach, Low-sodium, Canned
  • Sweet Potatoes, Fresh
  • Tomato Juice, 100%, Low-sodium
  • Tomato Sauce, Low-sodium, Canned
  • Tomato Sauce, Low-sodium, Canned (K) (H)
  • Tomato Soup, Condensed, Low-sodium, Canned
  • Tomatoes, Diced, No Salt Added, Canned
  • Vegetable Soup, Condensed, Low-Sodium, Canned
Legumes
  • Beans, Black, Low-sodium, Canned
  • Beans, Black-eyed Pea, Low-sodium, Canned
  • Beans, Black-eyed Pea, Dry
  • Beans, Garbanzo, Canned (K)
  • Beans, Great Northern, Dry
  • Beans, Kidney, Light Red, Low-sodium, Canned
  • Beans, Kidney, Light Red, Dry
  • Beans, Lima, Baby, Dry
  • Beans, Pinto, Low-sodium, Canned
  • Beans, Pinto, Dry
  • Beans, Refried, Low-sodium, Canned
  • Beans, Vegetarian, Low-sodium, Canned
  • Lentils, Dry
  • Peas, Green Split, Dry
Protein Foods
  • Alaska Pollock, Fillets, Frozen
  • Alaska Pollock, Whole Grain Breaded Fish Sticks, Frozen
  • Almonds, Natural, Whole, Shelled
  • Atlantic Haddock, Fillet, Frozen
  • Atlantic Ocean Perch, Fillet, Frozen
  • Atlantic, Pollock, Fillet, Frozen
  • Beef, Canned/Pouch
  • Beef, Fine Ground, 85% Lean/15% Fat, Frozen
  • Beef, Fine Ground, 85% Lean/15% Fat, Frozen, LFTB OPT, Frozen
  • Beef Stew, Canned/Pouch
  • Catfish, Fillets, Farm-Raised, Frozen
  • Catfish, Filets, Wild-Caught, Frozen
  • Chicken, Boneless Breast, Frozen
  • Chicken, Canned
  • Chicken, Drumsticks, Frozen
  • Chicken, Pouch
  • Chicken, Split Breast, Frozen
  • Chicken, Whole, Frozen
  • Eggs, Fresh
  • Egg Mix, Dried
  • Peanut Butter, Smooth
  • Peanut Butter, Smooth (K)
  • Peanut Butter, Smooth, Individual Portion
  • Peanuts, Roasted, Unsalted
  • Pork, Canned/Pouch
  • Pork, Ham, Frozen
  • Salmon, Pink, Canned
  • Salmon, Pink, Canned (K)
  • Turkey, Deli Breast, Sliced, Frozen
  • Walnut, Pieces
Grains
  • Bakery Mix, Low-fat (K)
  • Cereal, Ready-to-Eat
  • Cereal, Wheat Farina, Enriched
  • Crackers, Unsalted
  • Cornmeal, Yellow
  • Flour, All Purpose, Enriched, Bleached
  • Flour, White Whole Wheat (WG)
  • Grits, Corn, White
  • Grits, Corn, Yellow
  • Oats, Rolled, Quick Cooking (WG)
  • Pasta, Egg Noodles
  • Pasta, Macaroni, Enriched
  • Pasta, Macaroni (WG)
  • Pasta, Macaroni and Cheese
  • Pasta, Rotini (WG)
  • Pasta, Spaghetti, Enriched
  • Pasta, Spaghetti (WG)
  • Rice, Brown, Long-Grain, Parboiled (WG)
  • Rice, Medium Grain
  • Rice, Long Grain
  • Tortillas, Frozen (WG)
Oils

Oil, Vegetable

Other
  • Soup, Cream of Chicken, Condensed, Reduced Sodium
  • Soup, Cream of Mushroom, Condensed, Reduced Sodium
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This notice announces the surplus and purchased foods that the Department expects to make available for donation to states for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program in fiscal year 2025.

Page updated: April 28, 2025

TEFAP Income Guidelines

This page is updated annually to provide income guidelines for state agencies to use in determining the eligibility of households to receive USDA Foods for home consumption in TEFAP.

Per 7 CFR 251.5(b), each TEFAP state agency must establish uniform statewide criteria for determining eligibility for USDA Foods for home consumption. This eligibility criteria must include maximum income-based standards at or between 185 percent to 300 percent of the U.S. Federal Poverty Guidelines (Poverty Guidelines) published annually by the U.S. Department of Health and Human Services (HHS). 

To find your state's TEFAP income eligibility guidelines, please contact your state agency.

2025 Income Guidelines

48 Contiguous States, District of Columbia and Puerto Rico

Household SizeFederal Poverty Guidelines - 100%Federal Poverty Guidelines - 185%
 AnnualAnnualMonthlyWeekly
1$15,650$28,953$2,413$557
2$21,150$39,128$3,261$753
3$26,650$49,303$4,109$949
4$32,150$59,478$4,957$1,144
5$37,650$69,653$5,805$1,340
6$43,150$79,828$6,653$1,536
7$48,650$90,003$7,501$1,731
8$54,150$100,178$8,349$1,927
For each additional household member, add…$5,500$10,175$848$196

Alaska

Household SizeFederal Poverty Guidelines - 100%Federal Poverty Guidelines - 185%
 AnnualAnnualMonthlyWeekly
1$19,550$36,168$3,014$696
2$26,430$48,896$4,075$941
3$33,310$61,624$5,136$1,186
4$40,190$74,352$6,196$1,430
5$47,070$87,080$7,257$1,675
6$53,950$99,808$8,318$1,920
7$60,830$112,536$9,378$2,165
8$67,710$125,264$10,439$2,409
For each additional household member, add…$6,880$12,728$1,061$245

Hawaii

Household SizeFederal Poverty Guidelines - 100%Federal Poverty Guidelines - 185%
 AnnualAnnualMonthlyWeekly
1$17,990$33,282$2,774$641
2$24,320$44,992$3,750$866
3$30,650$56,703$4,726$1,091
4$36,980$68,413$5,702$1,316
5$43,310$80,124$6,677$1,541
6$49,640$91,834$7,653$1,767
7$55,970$103,545$8,629$1,992
8$62,300$115,255$9,605$2,217
For each additional household member, add…$6,330$11,711$976$226
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Page updated: March 13, 2025

The Emergency Food Assistance Program - Income Eligibility Guidelines for 2025

DATE:March 7, 2025
SUBJECT:The Emergency Food Assistance Program (TEFAP): Income Eligibility Guidelines for 2025
TO:Regional Directors
Supplemental Nutrition Programs
All Regions
State Directors 
All TEFAP State Agencies

This memorandum transmits information on 2025 TEFAP Income Eligibility Guidelines (IEGs) for state agencies to determine the eligibility of households to receive USDA Foods for home consumption in TEFAP.

Per 7 CFR 251.5(b), each TEFAP state agency must establish uniform statewide criteria for determining eligibility for USDA Foods for home consumption. This eligibility criteria must include maximum income-based standards at or between 185 percent to 300 percent of the U.S. Federal Poverty Guidelines (Poverty Guidelines) published annually by the U.S. Department of Health and Human Services (HHS). State agencies may propose use of income-based standards above 300 percent of the Poverty Guidelines with supporting rationale, subject to approval by FNS. FD-120, Participant Eligibility in TEFAP, provides additional information on this process.

TEFAP state agencies should update their income standards to reflect the 2025 Poverty Guidelines upon receipt of this memorandum. For state agency reference, the attached tables contain the Poverty Guidelines and annual household income limits at 185 percent of the Poverty Guidelines. To establish annual income limits of 185 percent, the Poverty Guidelines are multiplied by 1.85, and the results are rounded up to the next whole dollar. From these results, weekly and monthly income limits are calculated. State agencies may use a similar process to determine income limits at their established thresholds. The first table includes the income limits for households residing in the 48 contiguous states, the District of Columbia, and Puerto Rico. Separate income limits for Alaska and Hawaii are established and published annually by HHS, reflected in the second and third tables.

State agencies should direct any questions they may have regarding the 2025 TEFAP IEGs to their respective FNS regional offices.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

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This TEFAP program guidance memorandum transmits the 2025 income guidelines for state agencies and tribes in determining the eligibility of individuals applying to participate in TEFAP.

Page updated: August 04, 2025

Secretary Rollins’ Vision for the Department’s 16 Nutrition Programs

letterhead

February 13, 2025

Dear State, Tribal, Territory, and Local Government Partners,

First, thank you for your tireless work serving our most vulnerable families and communities. The scale and scope of the U.S. Department of Agriculture’s (USDA, Department) 16 nutrition programs is vast, and their mission, critical. However, each of these programs is funded by the generosity of the American taxpayer; men and women who expect programs across every federal agency to be executed with integrity and accountability.

I write you today to share my guiding principles regarding nutrition programs, and to encourage states to partner with us as innovative collaborators and policy incubators. Gone are the days of the status quo; today starts a new chapter for the Department, states, territories, tribal communities, and each who render or receive nutrition programs.

Therefore, you have my commitment to:

  • Prioritize timely and satisfactory customer service.
  • Support state innovation through approvals of waivers and pilot projects.
  • Clarify statutory, regulatory, and administrative requirements.
  • Take swift action to minimize instances of fraud, waste, and program abuse.
  • Develop and implement modernized systems.
  • Associate access to SNAP benefits with clear expectations that those who can work, do.
  • Create new opportunities to connect America’s farmers to nutrition assistance programs.
  • Encourage states to choose policy options that protect both participants and the taxpayer.
  • Strengthen strategies to encourage healthy choices, healthy outcomes, and healthy families.
  • Improve federal dietary policy to align with science, not politics.
  • Infuse each nutrition program with new energy and vision.

Each of these principles are catalysts for change and will allow us to better serve families across the country.

We have a historic opportunity to improve nutrition programs to better serve individuals who need additional support. Our shared goal should be to lift millions of Americans out of dependency and into hopeful futures and unimagined possibilities. It will require tireless energy and new and innovative approaches to long-ignored problems. But you have always been the greatest “laboratories of democracy,” and I am confident that the best ideas will come from you. I strongly encourage you to pilot creative solutions that could become the model for other states, and indeed for the nation.

The Department stands ready to serve you through technical assistance and dialogue. Together, we will find the bold and sustainable solutions that deliver effective programs to our most vulnerable families. I sincerely look forward to working closely with you and your teams, collaborating with you as we take a comprehensive look at these programs, visiting your communities, and putting America  on a path to growth, opportunity, and innovation to dramatically improve the lives of our citizens.

Sincerely,

Brooke L. Rollins
Secretary
U.S. Department of Agriculture

 

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I write you today to share my guiding principles regarding nutrition programs, and to encourage states to partner with us as innovative collaborators and policy incubators. Gone are the days of the status quo; today starts a new chapter for the Department, states, territories, tribal communities, and each who render or receive nutrition programs.

Page updated: March 18, 2025

FD-069: Eligibility of ITOs and other Tribal Entities to Participate in TEFAP (Revised)

DATE:January 14, 2025
POLICY NO:FD-069: The Emergency Food Assistance Program (TEFAP)
SUBJECT:Eligibility of Indian Tribal Organizations (ITOs) and other Tribal entities to participate in TEFAP (Revised)
TO:Regional Directors
Supplemental Nutrition Programs
MARO, MPRO, MWRO, NERO, SERO, SWRO, and WRO
State Directors
All TEFAP State Agencies

This memorandum provides guidance regarding the eligibility of ITOs and other Tribal entities to participate in TEFAP and to outline several best practices for working with ITOs and other Tribal entities in TEFAP.1 TEFAP regulations at 7 CFR 251.4(k) encourage TEFAP state agencies and eligible recipient agencies (ERAs) to expand or implement TEFAP distributions in Tribal areas. This in turn will strengthen the emergency food assistance network in Indian Country. ITOs and other Tribal entities are important partners in reaching underserved populations with emergency food assistance; and while they cannot enter into direct agreements with USDA to distribute USDA Foods through TEFAP, they may be eligible to participate as ERAs.

ITO Eligibility to Participate in TEFAP as State Agencies

In accordance with Section 203B of the Emergency Food Assistance Act of 1983, as amended, TEFAP regulations at 7 CFR 251.3(i) define a state agency as the unit of state government "designated by the Governor or other appropriate state executive authority" which enters into a food distribution agreement with USDA. Because ITOs are not states, they cannot be units of state government. ITOs are not eligible to enter into direct agreements with USDA to distribute USDA Foods through TEFAP and are therefore precluded from serving as state agencies in TEFAP.

ITO and other Tribal Entities’ Eligibility to Participate in TEFAP as Eligible Recipient Agencies

The federal definition of a TEFAP eligible recipient agency (ERA) can be found at 7 CFR 251.3(d). The definition incorporates both public and private organizations and specifies that private organizations must have a “tax-exempt status under the Internal Review Code (IRC).” Both public and private ITOs and other Tribal entities that provide food assistance to individuals in need and that meet the definition at 7 CFR 251.3(d) are eligible to enter into agreements with state agencies or other ERAs (i.e., food banks) to serve as TEFAP ERAs. A specific 501(c)(3) status is not required for private organizations to participate; and private organizations may have a tax-exempt status outside of a 501(c)(3) status. Many ITOs and other Tribal entities are also Tribal governments or agencies of Tribal governments and are therefore public organizations. A tax-exempt status is not required for public organizations to participate in TEFAP.

Organizational Eligibility Determinations

State agencies must ensure that determinations for ITOs and other Tribal entities to participate in TEFAP are only made based on the state agency’s criteria for organizational eligibility outlined in the state agency’s plan (7 CFR 251.6(a)(3)) and the priority systems outlined at 7 CFR 251.4(h). If an ERA application is commingled with another application, such as one to distribute non-USDA Foods, the nonapplicable criteria must not be utilized when determining organizational eligibility to participate in TEFAP.

State agencies should contact their respective FNS regional office with any questions about this memorandum.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

Appendix A

Best Practices for Working with ITOs and Other Tribal Entities in TEFAP

Understand history and context.

Many ITOs and other Tribal entities have a complicated relationship with governmental and nonprofit entities. Ensure that involved state agency staff and ERAs have, at minimum, a basic understanding of Native American history and Tribes’ historical interactions with governmental and nonprofit entities. If resources allow, invest in Tribal competency training for state agency and/or ERA staff who will work with ITOs or other Tribal entity.

Learn more about the ITO or Tribal entity.

To the greatest extent you can, learn about the ITO or Tribal entity’s history, geographical boundaries (if applicable), demographics, cultural norms, values, and language practices. For ITOs, learn whether the ITO is a Tribe, a Tribal advocacy group, a consortium of Tribes, as well as if a Tribe is federally recognized, state recognized, or non-federally or -state recognized. Many ITOs and Tribal entities have publicly available webpages that can help state agency/ERA staff familiarize themselves with the ITO or Tribe and determine who to contact.

Leadership structures and processes also differ from ITO to ITO. Feel free to ask ITO representatives questions to enhance your understanding of how the ITO operates. Ensure state agency/ERA staff have a basic understanding of how the governing body of the ITO functions and which department or agency within the ITO may be involved with emergency food assistance. Note that it is often better to contact staff within these departments or agencies first before reaching out to Tribal leadership. ITO staff may decide to refer issues to Tribal leadership if warranted.
Many ITOs are also familiar with or participate in other federal programs administered by USDA such as the Food Distribution Program on Indian Reservations (FDPIR) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), as well as other federal programs administered by USDA and other federal agencies. If the ITO operates FDPIR, the ITO’s FDPIR representative may be a good starting point given their understanding of how a food distribution program works and ITO storage and transportation capabilities.

Build relationships.

Speak with the ITO or Tribal entity about your organization, what TEFAP is, your goals for the partnership, the TEFAP resources available for the collaboration, and the ITO or Tribal entity’s emergency food assistance needs. Determine whether there is an interest in collaboration. This may require multiple meetings and conversations which should be focused on building trust and establishing a relationship with the ITO or Tribal entity as an equal collaborator and partner.

If you do not hear back from the ITO or Tribal entity after reaching out, you may need to try a different method of reaching out, reach out multiple times, or locate a better point of contact. If there is hesitation to collaborate, focus on identifying the ITO or Tribal entity’s concerns and remedying them. Ensure that you are listening to the ITO or Tribal entity and engaging in meaningful dialogue.

Engage in Tribal consultation if desired or requested by the ITO.

Establish a formal consultation relationship between the state agency and the involved Tribes to discuss TEFAP matters that will affect the Tribes and their citizens, if the ITO requests it. For example, Tribes may want to consult about the frequency of TEFAP distributions, the location of the distributions, the types of USDA Foods that will be distributed, whether the ITO will act as a distribution site for another ERA, or act as an ERA itself, etc.

Consultation between Tribal governments and state agencies should be direct and involve two-way dialogue and feedback between elected Tribal leaders or their designees, and the highest-ranking state agency official involved in TEFAP administration at the state level (e.g., Commissioner of Agriculture). State agencies should work to identify the Tribes’ preferences regarding Tribal consultation including what program-related events and changes would trigger consultation, the key individuals with whom the Tribe wants the state agency to consult, preferred notice timeframes for consultation, and a convenient in-person or virtual location for consultation. The Supplemental Nutrition Assistance Program (SNAP) – Tribal Consultation Guiding Principles document has additional best practices for state agencies carrying out Tribal consultation. The document is intended for SNAP state agencies but many principles in the document are also applicable for TEFAP state agencies.

Be flexible.

Understand that the state agency’s or ERA’s TEFAP distribution model may need to be tailored to meet the ITO or Tribal entity’s needs. Consider allowable flexibilities to distribution processes, such as those addressed in FD-149: Questions and Answers about Flexibilities in TEFAP to Streamline Distribution of Foods and Reduce Barriers to Participation.

Recognize Tribal independence and sovereignty.

Tribes are sovereign nations. Tribal leadership should be treated with the same respect you would show leadership of other governments. Understand that Tribal governments may have laws and regulations that may affect TEFAP distributions, such as laws related to who can enter Tribal lands or how data about program participants should be stored and shared. Lastly it may be helpful to familiarize yourself with indigenous food sovereignty principles, such as inclusion of traditional foods, and work to ensure that TEFAP distributions respect these principles as best possible. The Department of the Interior, Bureau of Indian Affairs’  is a good starting point for those unfamiliar with food sovereignty.


1 This memo is intended to provide information on the eligibility of both Tribal organizations that are eligible to enter direct agreements with FNS to administer other FNS programs (e.g., federally recognized Tribes, Tribal consortiums, rancherias, pueblos, Alaska Native Villages, etc.) in addition to Tribal entities that are not eligible to enter into direct agreements with FNS to administer FNS programs (e.g., a Tribally managed nonprofit organization, a food pantry managed by and intended for Native people, etc.).

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This TEFAP program guidance memorandum provides information regarding the eligibility of ITOs and other Tribal entities to participate in TEFAP and to outline several best practices for working with ITOs and other Tribal entities in TEFAP.

Page updated: August 04, 2025
Page updated: June 03, 2025

South Dakota SNAP E&T State Plan

Each state agency is required to implement an employment and training (E&T) program for the purpose of assisting members of SNAP households in gaining skills, training, work, or experience that will increase their ability to obtain regular employment and meets state or local workforce needs. All state agencies are required to submit an annual SNAP E&T state plan to FNS.

Use the links under resource materials to view the South Dakota Department of Social Services' SNAP E&T state plan and operating budget.

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This page provides the South Dakota Department of Social Services' SNAP Employment and Training state plan.

Page updated: January 06, 2025
Page updated: January 22, 2025