SNAP benefits program
The SNAP benefits program is a government run program for families who do not make enough money to provide enough food for their family. This program supplements their current income with food to help families remain healthy.
The individual receives an Electronics Benefit Transfer, or EBT card. In the 1990’s, this card replaced the food stamps that were used in the past. The program is designed for food purchase only, and anyone not following these rules will face penalties. An establishment not following the rules will also face penalties.
Violations of the SNAP program
If a retailer decides to allow the EBT program in their establishment, they must follow government guidelines in order to continue this program and not face stiff penalties. Some violations may include:
- Receiving benefits for alcohol, tobacco and non-food items
- Accepting benefits from someone not allowed on the program
- Fraudulent acceptance or theft of benefits
- False information on application
If any of these rules are violated, not only can a store lose the SNAP program, but they can also be fined thousands of dollars. It is the owner’s responsibility to ensure that all management and employees are trained in accepting SNAP benefits and know the regulations of the program.
When a violation occurs
Often, a retail owner will not know a violation occurs until they receive a letter. A letter is sent to that owner, and they have ten days to respond. Failure to do so can be devastating to the establishment. The USDA can determine a verdict whether the owner has answered or not.
After the first letter is sent and the owner has responded, they may accept the answer. If not, they will send a second letter, and the owner again has another ten days to respond. It is imperative to answer the letter but also to know how to answer. A SNAP violation attorney can help with this.
USDA’s role
Besides the letter they will send the owner, the USDA will also check the establishment to ensure that a compliance policy is in place in the store. This policy must be in writing and have been in place at the time allegations were filed. The owner must prove that this policy was in place before those allegations and not put up afterwards.
The USDA will also check to see if the owner or managers may have benefited in some way by violating the rules. If management is involved, the store can be disqualified from the program temporarily or permanently depending on what the USDA and courts decide.
How an attorney can help
If you find yourself in this situation and have received a letter that SNAP benefits were violated, you should immediately contact an experienced attorney. The penalties are steep and can cost you your business. An attorney will not only know how to respond to the letters, but also how to handle them afterwards.
The attorney will provide all communication with the USDA so that you don’t have to. They will send out all correspondence letters and gather the evidence needed for your case. If the USDA doesn’t reverse their decision, the attorney will then file a Judicial Review at the local Federal court.
Overall
If your establishment has had a violation of SNAP benefits, give us a call right away. You do not want to wait because time is critical. Remember, you only have ten days to respond to the first letter. It is crucial to your business to speak with an experienced SNAP violation attorney, and we are just that.
