ALEXANDRIA, Va. – On Monday, NACS filed comments with the United States Department of Agriculture’s Food and Nutrition Service (FNS) to assist the agency in evaluating its response to a recent federal appeals court decision regarding the public disclosure of Supplemental Nutrition Assistance Program (SNAP) retailer sales transaction data. 

Previously, the Argus Leader (S.D.) sued FNS, seeking to get information regarding SNAP sales at individual stores all across the country. The U.S. Circuit Court of Appeals for the Eighth Circuit rejected FNS’s view that sales information was exempt from disclosure under the Freedom of Information Act (FOIA), but did not consider whether it might be exempt because it was confidential business information. FNS sought input from the private sector on that question in order to determine how to respond to the court. 

In its comments, NACS argued that the spending information is confidential and that public disclosure could have a negative competitive impact on businesses that accept SNAP. The public disclosure of this information could, for example, provide both a snapshot of the current market for SNAP customers, as well as long-term trends that reflect a retailer’s overall market strength. In NACS’s view, FNS should not be required to disclose store-level SNAP sales data. 

NACS will continue to monitor this issue as FNS decides how to respond to the court. For more on how convenience stores are affected by SNAP-related regulations, visit nacsonline here.