WASHINGTON – Yesterday, NACS filed comments responding to the U.S. Department of Agriculture’s (USDA) proposed rule addressing state requirements for photos on Electronic Benefit Transfer (EBT) cards for Supplemental Nutrition Assistance Program (SNAP) benefits.
Under current law, states are allowed to require photographs of one or more members of the beneficiary’s household on a SNAP EBT card. The proposal, which was published in early January, outlines various requirements these states must meet to ensure the photo requirements do not hinder access for SNAP recipients. Under the proposal, before a state can implement a photo requirement, it must submit an implementation plan laying out the specific steps the state will take to ensure compliance with the regulations. The implementation plans must include information regarding how a state will reach out to and educate SNAP retailers to ensure those retailers understand the statutory requirements associated with the photo EBT cards. Before any state can implement a photo requirement, USDA would have to approve a state’s plan. USDA will also perform ongoing oversight of any state plan.
The new proposal is designed to ensure that individuals legally entitled to SNAP benefits are able to redeem those benefits, whether or not their photo appears on the EBT card. Currently, for example, Maine and Massachusetts require that EBT cards contain photo identification. Both programs have run into problems when legitimate SNAP beneficiaries have not been able to access their benefits because their photograph is not the one pictured on the household EBT card. With this proposed rule, USDA is attempting to offer guidance to prevent the sort of difficulties that have arisen in those two state programs. For example, the proposal would require states to include the following phrase on photo EBT cards: “Any user with valid PIN can use SNAP benefits on card and need not be pictured.” Such language, says USDA, will inform beneficiaries and SNAP retailers, including many convenience store operators, that an EBT card must be accepted as long as the customer verifies the transaction with a valid PIN.
In its comment letter, NACS supported the underlying goals of the proposed rule—to ensure that SNAP beneficiaries are not denied access to important benefits—and explained how NACS members have “experienced firsthand the confusion photo EBT requirements cause retailers” and the resulting problems for SNAP beneficiaries. NACS emphasized the importance of retailer education and urged USDA to require that states communicate with retailers about photo EBT requirements on a quarterly basis.
Prior to issuing a final rule, which is not expected for many months, USDA must respond to comments submitted by stakeholders.
Read a copy of comments from NACS online.