This memo has been superseded by the Oct. 22, 2020, memo "Commodity Supplemental Food Program Revised Food Package Maximum Monthly Distribution Rates."
FNS is issuing this memorandum on the use of Electronic Benefit Transfer transaction data as evidence of an intentional program violation.
In school year 2013-14, FNS introduced the unified administrative review and a 3-year review cycle. Since then, FNS has received feedback about the difficulties of the shorter review cycle, both for the state agencies conducting the reviews, and for school food authorities preparing for and responding to reviews.
The Food and Nutrition Service seeks to prevent firms authorized to participate in SNAP 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.