This memorandum defines heated foods, hot foods, and cold prepared foods in Supplemental Nutrition Assistance Program (SNAP) retailer eligibility determinations. Only staple food products are counted toward a firm’s eligibility to participate in SNAP. Heated foods, hot foods, and cold prepared foods are not considered staple foods, and are not counted when determining if a firm meets Criterion A or Criterion B to be eligible to participate in SNAP as an authorized retail food store.
SNAP regulations provide that the FNS must collect certain taxpayer identification numbers of retailers who apply to participate in SNAP. Acceptable taxpayer identification numbers include both a Social Security Number and any Employer Identification Number assigned to the firm by the Internal Revenue Service.
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.
This memo clarifies the requirement regarding the separation of issuance functions and when state agencies may implement exceptions.