Georgia SNAP Violation Attorneys

Some grocery retailers accepting EBT, or electronic benefit transfer, payments may have recently received a SNAP violation notice from the USDA. The notices will contain a listing of certain transactions that the department claims the retailer violated one or more of the terms and conditions within SNAP.

You, the retailer, only have 10 working days to respond to the notice. If you fail to respond, the USDA will suspend your privileges and you will not be able to accept EBT payments. It’s important that any retailer who receives a SNAP violation notification letter immediately contact our legal team as soon as they receive the notice. Losing EBT acceptance rights could cost you thousands to millions in lost revenue.

What Is The SNAP Program?

SNAP, or Supplemental Nutrition Assistance Program, is what once was called “food stamps.” Today, it offers low income families food purchasing assistance through a monthly monetary deposit on an EBT card. The card can then be taken to retailers to purchase food items.

While it’s a federal aid program overseen by the USDA and FNS, benefits are distributed on a state level through The Division of Children and Family Services or Division of Social Services.

The specific amount of SNAP benefits any particular household receives is governed by income, household size, and household expenses. In 2016, over 44 million Americans received SNAP benefits, and the average benefit per person was a little over $125 per month. This accounts for a tremendous portion of most retailer’s revenue.

SNAP benefits may be used to pay for food items at food retailers like grocery stores, markets, convenience stores, and dollar stores. The benefits can not be used for non-approved items, non-food items, and can not be used to get cash back. There are a lot of caveats to what’s classified as “food” and how items should be paid for; a birthday cake, for example, is eligible for purchase with SNAP benefits, but the value of non-edible decorations must not exceed 50% of the cake’s cost.

The SNAP beneficiary swipes the EBT card for payment of purchase at a retailer.

What Is A SNAP Violation?

These occur when a retailer violates the rules and regulations of SNAP during a transaction, which include any of the following examples:

•Allowing a SNAP beneficiary to purchase a non-approved item, such as dry goods, electronics, personal hygiene products, alcohol, or tobacco, with their EBT card.
•In-trafficking of benefits for fraudulent use.
•Submitting false info on a retailer’s application to accept EBT benefits.
•Inconsistencies between EBT food stamp purchases and actual food sales.
•Allowing someone to use someone else’s SNAP benefits.

Most retailers don’t have any problem adhering to the stringent rules of SNAP. However, when you factor in that employees can fraudulently violate the system, customers often try to get around the system, and that SNAP has so many caveats within the system to adhere to, then it can make violations a costly error that the employer wasn’t even aware was happening.

Not only do retailers risk temporarily or permanently losing their ability to take EBT and the revenue it brings… they also risk penalties and fines that can add up to tens of thousands of dollars.

How To Defend Yourself Against A SNAP Violation

Hire a professional lawyer to handle your case immediately after you receive a SNAP violation or warning notice. Our firm has handled countless cases of SNAP violations. We have expert staff on hand to handle the SNAP violation process from start to finish.

Our first step will be to address the violation letter or warning letter you received. We will examine the documentation on the violation, gather supporting documentation, and make a response to the USDA on your behalf. The USDA will review the response and issue a verdict on the violation and decide whether or not to suspend EBT, disqualify EBT, or clear your store.

Like before, you have 10 business days to make a formal appeal in the event you get an unfavorable verdict. If you fail to respond correctly and within the specified timeframe, then you’ll lose your right to appeal. This is most certainly not a process you want to face without legal representation.

Our law firm will gather all required supporting evidence, send official notification of appeal, and draft an appellate brief citing case law and legal evidence necessary to make a successful appeal through an Administrative Review.
Should the USDA denial the appeal, our firm will continue to fight for you by filing a Judicial Review through the federal court system. We will file motions on your behalf. If necessary, we will go to trial.

Don’t Risk Your Business To A SNAP Violation

With the risk of losing your ability to accept EBT, the resulting loss of thousands of customers and profits, and some back-breaking fines and penalties, a SNAP violation or warning isn’t something you want to take lightly or without legal counsel. Contact our office today to discuss how we can help you protect your business.