This final rule amends the SNAP regulations to ensure that retail food stores can no longer use the Freedom of Information Act (FOIA) process to delay FNS' administrative actions to sanction a retail food store for SNAP violations. Under this rule, FNS will process FOIA requests and FOIA appeals separately from the administrative action for all SNAP violations, as originally proposed. The processing of FOIA requests and appeals during the administrative and judicial review process will have no impact on when the agency can take administrative action.

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.

This memorandum clarifies policy related to "eligible foods," which are foods and other items that may be purchased with SNAP benefits. This memorandum does not address meals that may be purchased with SNAP benefits from firms authorized to serve such meals, although these meals are also eligible foods.

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.