Any firm may request administrative and judicial review, if it is aggrieved by any of the actions described in SNAP regulations. The Administrative Review Branch ensures that FNS follows the provisions of the Food and Nutrition Act, SNAP regulations, and agency retailer policy, and that the agency's administrative actions are equitable and consistent.
This memorandum clarifies the use of the 6 month waiting period for failing to meet SNAP eligibility requirements under Criterion A or B of program regulations. Section 9(c) of the Food and Nutrition Act and section 278.1(k) of program regulations require firms failing to meet eligibility requirements under Criterion A or B wait a minimum of 6 months before reapplying for SNAP authorization.
This memorandum clarifies policy related to implementation of the final rule, "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program," which amended the definition of "retail food store," to say that, when multiple firms operating at the same location meet certain elements, FNS will consider them a single firm when determining eligibility for SNAP authorization.
SNAP regulations provide that the FNS must determine if an applicant firm may be authorized to participate under "Need for Access" if located in an area with significantly limited access to food and the applicant firm has failed to meet the staple food requirements for eligibility under Criterion A or Criterion B.
To be SNAP-authorized, a store generally must meet one of two eligibility standards: Criterion A (staple food stock) or Criterion B (staple food sales). Staple foods are the basic food items that make up a significant portion of an individual’s diet and are usually prepared at home and consumed as a major component of a meal.