Congressional Black Caucus Raises Concerns Over SNAP Proposed Rule

You can make your voice heard by sending your comments on the Supplemental Nutrition Assistance Program proposed rule by May 18.

May 16, 2016

ALEXANDRIA, Va. – More than 20 members of the Congressional Black Caucus (CBC) sent a compelling letter to the U.S. Department of Agriculture expressing concerns with the proposed rule that would change retailer requirements in the Supplemental Nutrition Assistance Program (SNAP). Acknowledging that many of its members represent urban and rural areas, the letter emphasizes the important role of the small format retailer in providing low-income Americans access to the food they need.

The letter states, “If it were not for these businesses, many of our constituents, including those working shift hours, would not be able to buy the food they need when they need it or they may be forced to travel long distances, or through unsafe neighborhoods to purchase SNAP eligible products.”

The proposed rule goes well beyond the language and compromise reached in the 2014 Farm Bill, which raised the eligibility requirements to a level that was achievable for small format stores. The Farm Bill requires stores to stock 28 items: 7 varieties of food in the four staple food categories (meats, poultry or fish; breads or cereals; fruits or vegetables; dairy). In the proposed rule, the Food & Nutrition Service (FNS) changes the underlying definition of “staple food” so that retailers can no longer count multiple-ingredient items toward their stocking requirements. The proposed rule also requires that there be 6 facing units of those 28 varieties on shelves at all times—or 168 items on continual display.

The rule also includes a controversial provision that would render a store ineligible to accept SNAP if 15% or more of the store’s total food sales are of items cooked or heated on site.

The troublesome provisions in the proposed rule will push convenience stores and other small format stores out of SNAP, and will hurt the SNAP families who depend on those stores as convenient and safe places to use their benefits. The letter signatories write, “Many of us were deeply troubled when we discovered that FNS substituted its own judgement for Congress’ and proposed a rule that disrupts this balance…it appears intended to dramatically reduce choices available for our constituents who rely on SNAP.”

The CBC letter was sent one day before the House Agriculture Committee held a hearing on retailer participation in SNAP, during which many members from both sides of the aisle expressed concerns with the rule.

The comment period for the proposed rule ends this Wednesday, May 18. NACS is urging convenience store retailers to file comments with FNS to appeal to them to change this problematic rule. Visit this NACS webpage for instructions and a downloadable template—then file your comments today.

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