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Retailer Eligibility - Firms Colocated with a Restaurant

Publication Date
EO Guidance Document #
FNS-GD-2020-0119
FNS Document #
SNAP 2020-08
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon SNAP 2020-08 (220.47 KB)
SUBJECT:Retailer Eligibility- Firms Co-located with a Restaurant
LEGISLATION:Food and Nutrition Act of 2008, Section 3 and 9
REGULATION:7 CFR 271.2 (definition of “retail food store”)
RULE:Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) 
Proposed - 81 FR 8015 (17 February 2016)
Final - 81 FR 90675 (15 December 2016)
SUPERSEDES:Policy Memorandum 2018-01, "Retailer Eligibility - Treatment of Applicant or Authorized Firm(s) Colocated with a Restaurant"
IMPLEMENTATION:Upon Publication

OVERVIEW: This memorandum clarifies policy related to implementation of the final rule, "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)," which amended the definition of "retail food store," in SNAP regulations, at 7 CFR 271.2, 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.

CLARIFICATION:

If FNS determines that multiple firms meet all four elements of colocation in the definition of "retail food store," as provided in 7 CFR 271.2, FNS must treat these firms as a single firm when determining eligibility for SNAP authorization. The four elements are met when the firms: (1) operate under one roof, (2) share ownership, (3) sell similar foods, and (4) share inventory.

Any questions regarding this policy should be directed to: SM.FN.RPMDHQWEB@usda.gov.

Shelly Pierce
Acting Director
Retailer Policy and Management Division
Supplemental Nutrition Assistance Program

Page updated: June 20, 2024

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.