Regulations issued pursuant to this chapter shall require an applicant retail food store or wholesale food concern to submit information, which may include relevant income and sales tax filing documents, purchase invoices, or program-related records, which will permit a determination to be made as to whether such applicant qualifies, or continues to qualify, for approval under the provisions of this chapter or the regulations issued pursuant to this chapter. The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified. Regulations issued pursuant to this chapter shall provide for safeguards which limit the use or disclosure of information obtained under the authority granted by this subsection to purposes directly connected with administration and enforcement of the provisions of this chapter or the regulations issued pursuant to this chapter, except that such information may be disclosed to and used by Federal law enforcement and investigative agencies and law enforcement and investigative agencies of a State government for the purposes of administering or enforcing this chapter or any other Federal or State law and the regulations issued under this chapter or such law, and State agencies that administer the special supplemental nutrition program for women, infants and children, authorized under section 17 of the Child Nutrition Act of 1966 [42 U.S.C. 1786], for purposes of administering the provisions of that Act [42 U.S.C. 1771 et seq.] and the regulations issued under that Act. Any person who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by Federal law (including a regulation) any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. The regulations shall establish the criteria to be used by the Secretary to determine whether the information is needed. The regulations shall not prohibit the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law.
Any retail food store or wholesale food concern which has failed upon application to receive approval to participate in the supplemental nutrition assistance program may obtain a hearing on such refusal as provided in section 2023 of this title. A retail food store or wholesale food concern that is denied approval to accept and redeem benefits because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial.
Approved retail food stores shall display a sign providing information on how persons may report abuses they have observed in the operation of the supplemental nutrition assistance program.
In those areas in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the operation of house-to-house trade routes damages the program’s integrity, the Secretary shall limit the participation of house-to-house trade routes to those routes that are reasonably necessary to provide adequate access to households.
An approved retail food store shall provide adequate EBT service as described in section 2016(h)(3)(B) of this title.
Subject to paragraph (2), no private establishment that contracts with a State agency to offer meals at concessional prices as described in paragraphs (3), (4), and (9) of section 2012(k) of this title may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the private establishment is required to meet a documented need in accordance with section 2020(e)(25) of this title.
If, on the day before
If the Secretary determines to terminate a contract with a private establishment that is in effect on
Not later than 90 days after
That Act, meaning the Child Nutrition Act of 1966, referred to in subsec. (c), is Pub. L. 89–642,
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2014—Subsec. (a)(1). Pub. L. 113–79, § 4002(e)(1), substituted “; (C) whether the applicant is located in an area with significantly limited access to food; and (D)” for “; and (C)”.
Subsec. (a)(3). Pub. L. 113–79, § 4030(f), realigned margins.
Subsec. (c). Pub. L. 113–79, § 4002(e)(2), inserted “purchase invoices, or program-related records,” after “relevant income and sales tax filing documents,”.
Subsec. (g). Pub. L. 113–79, § 4002(e)(3), added subsec. (g).
Subsec. (h). Pub. L. 113–79, § 4014(b), added subsec. (h).
2008—Subsec. (a)(1). Pub. L. 110–246, § 4115(b)(6)(A), (B)(i), substituted “benefit transactions” for “coupon business” and “benefits” for “coupons”.
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.
Subsec. (a)(3). Pub. L. 110–246, § 4115(b)(6)(B)(ii), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Secretary shall establish specific time periods during which authorization to accept and redeem coupons, or to redeem benefits through an electronic benefit transfer system, shall be valid under the food stamp program.”
Subsec. (b)(1). Pub. L. 110–246, § 4115(b)(6)(A), substituted “benefits” for “coupons” wherever appearing.
Pub. L. 110–246, § 4002(a)(5), substituted “households that receive supplemental nutrition assistance program benefits” for “food stamp households”.
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (b)(2)(A). Pub. L. 110–246, § 4115(b)(6)(A), substituted “benefits” for “coupons”.
Subsec. (d). Pub. L. 110–246, § 4115(b)(6)(A), substituted “benefits” for “coupons”.
Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (e). Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (g). Pub. L. 110–246, § 4115(b)(6)(C), which directed substitution of “section 2012(k)(9)” for “section 2012(g)(9)” in subsec. (g), could not be executed because subsec. (g) did not appear in text subsequent to its termination. See 1986 Amendment note and Effective and Termination Dates of 1986 Amendment note below.
1996—Subsec. (a)(1). Pub. L. 104–193, § 831, inserted at end “No retail food store or wholesale food concern of a type determined by the Secretary, based on factors that include size, location, and type of items sold, shall be approved to be authorized or reauthorized for participation in the food stamp program unless an authorized employee of the Department of Agriculture, a designee of the Secretary, or, if practicable, an official of the State or local government designated by the Secretary has visited the store or concern for the purpose of determining whether the store or concern should be approved or reauthorized, as appropriate.”
Subsec. (a)(3). Pub. L. 104–193, § 832, added par. (3).
Subsec. (c). Pub. L. 104–193, § 833, in first sentence, inserted “, which may include relevant income and sales tax filing documents,” after “submit information” and inserted after first sentence “The regulations may require retail food stores and wholesale food concerns to provide written authorization for the Secretary to verify all relevant tax filings with appropriate agencies and to obtain corroborating documentation from other sources so that the accuracy of information provided by the stores and concerns may be verified.”
Subsec. (d). Pub. L. 104–193, § 834, inserted at end “A retail food store or wholesale food concern that is denied approval to accept and redeem coupons because the store or concern does not meet criteria for approval established by the Secretary may not, for at least 6 months, submit a new application to participate in the program. The Secretary may establish a longer time period under the preceding sentence, including permanent disqualification, that reflects the severity of the basis of the denial.”
1994—Subsec. (a)(2). Pub. L. 103–225, § 202, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary is authorized to issue regulations providing for a periodic reauthorization of retail food stores and wholesale food concerns.”
Subsec. (c). Pub. L. 103–448 in second sentence substituted “special supplemental nutrition program” for “special supplemental food program”.
Pub. L. 103–225, § 203, in second sentence inserted “Federal law enforcement and investigative agencies and law enforcement and investigative agencies of a State government for the purposes of administering or enforcing this chapter or any other Federal or State law and the regulations issued under this chapter or such law, and” after “disclosed to and used by”, inserted after second sentence “Any person who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by Federal law (including a regulation) any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.”, and in last sentence substituted “The regulations shall establish the criteria to be used by the Secretary to determine whether the information is needed. The regulations shall not prohibit” for “Such purposes shall not exclude”.
1991—Subsec. (a)(1). Pub. L. 102–237 redesignated cls. (1) to (3) as (A) to (C), respectively.
1990—Subsec. (a). Pub. L. 101–624, § 1733, designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1). Pub. L. 101–624, § 1734, inserted after first sentence “No co-located wholesale-retail food concern may be authorized to accept and redeem coupons as a retail food store, unless (A) the concern does a substantial level of retail food business, or (B) the Secretary determines that failure to authorize such a food concern as a retail food store would cause hardship to food stamp households.”
1986—Subsec. (g). Pub. L. 99–570, § 1102(d), (f)(3), temporarily added subsec. (g) which read as follows: “In an area in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the participation of an establishment or shelter described in section 2012(g)(9) of this title damages the program’s integrity, the Secretary shall limit the participation of such establishment or shelter in the food stamp program, unless the establishment or shelter is the only establishment or shelter serving the area.” See Effective and Termination Dates of 1986 Amendment note below.
1985—Subsec. (b). Pub. L. 99–198, § 1532(b), designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 99–198, § 1521, inserted provisions relating to disclosure of information to, and the use by, State agencies which administer the special supplemental food program for women, infants, and children, authorized under section 17 of the Child Nutrition Act of 1966.
1982—Subsec. (f). Pub. L. 97–253 added subsec. (f).
1981—Subsec. (c). Pub. L. 97–98, § 1313, inserted provision that such purposes not exclude the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law.
Subsec. (e). Pub. L. 97–98, § 1314, added subsec. (e).
1977—Pub. L. 95–113 substituted revised provisions covering approval of retail food stores and wholesale food concerns for provisions relating to redemption of coupons which are now covered by section 2019 of this title.
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by sections 4001(b), 4002(a)(5), and 4115(b)(6) of Pub. L. 110–246 effective
Amendment by Pub. L. 103–448 effective
Amendment by Pub. L. 102–237 effective and to be implemented no later than
Amendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than
Amendment by Pub. L. 99–570 effective, and to be implemented by issuance of final regulations, not later than
Amendment by Pub. L. 97–253 effective
Amendment by Pub. L. 97–98 effective on earlier of
Amendment by Pub. L. 97–98 effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title.
Pub. L. 95–113, title XIII, § 1301,