Proposed Rule: Taking Administrative Actions Pending Freedom of Information Act (FOIA) Processing

The Food and Nutrition Service (FNS) seeks to prevent firms authorized to participate in the Supplemental Nutrition Assistance Program (SNAP or the program) from delaying administrative actions, such as disqualification or civil money penalties, through submission of Freedom of Information Act (FOIA) requests or appeals.

As such, FNS is proposing that FOIA requests and FOIA appeals be processed separately from administrative actions FNS takes against retail food stores. This proposed rule would ensure that retail food stores can no longer use the FOIA process to delay FNS' administrative actions to sanction a retail food store for SNAP violations.