WASHINGTON – The U.S. Department of Agriculture (USDA) will soon issue proposed regulations related to the use of identification photographs on Electronic Benefit Transfer (EBT) cards used for the redemption of Supplemental Nutrition Assistance Program (SNAP) benefits.

USDA sent a proposed rule to the Office of Management and Budget (OMB) at the end of July for interagency review. OMB review and approval is generally the last step in the regulatory process before the proposals are released for public comment, and the review generally takes between 30 and 90 days.

State agencies that administer the SNAP program are allowed to require that EBT cards include a photograph of one or more members of the beneficiary’s household. Under current law, if a state requires a photograph, it must establish procedures to ensure that all other appropriate members of the household, or other authorized representatives, can use the card to redeem benefits. While text of the proposed rule has not yet been released publicly, USDA says the proposal will incorporate into regulation and provide additional clarity for state agencies wishing to implement the photo EBT card option.

Several states currently require photos on EBT cards in order to reduce SNAP benefit “trafficking” in which recipients swap SNAP benefits for money. Maine and Massachusetts are two states with the requirement, although several additional states have considered requiring photos on EBT cards in the past. USDA has been critical of the administration of the Maine and Massachusetts programs, claiming the states’ policies could lead to discrimination against people legally entitled to SNAP benefits.

Once the proposed rule is issued, interested parties will have at least 30 days to review the proposal and provide feedback to USDA. All submitted comments must be reviewed by USDA before it can issue a final rule.