Does your grocery store accept electronic benefit transfer (EBT) payments? Have you received a letter from the United States Department of Agriculture (USDA) indicating that you are in violation of the Supplemental Nutrition Assistance Program (SNAP)? Such a letter was probably accompanied by numerous of pages detailing the store transactions that the USDA state are violations of SNAP.
If you receive a SNAP violation letter, then it would be in your interest to promptly contact a lawyer who has expertise in this field. Your next step is pivotal because you have only ten days in which to respond. And, if the USDA does not receive your response within the time allotted, then you will face a SNAP benefits suspension.
About SNAP
SNAP distributes a specific amount of money to families each month. Such money was previously distributed in the form of food stamps during the 1990’s. Now, the money is placed on an EBT card. Although SNAP is a federal government program, the EBT card is state-specific. As such, it can only be issued by the state where the recipient is a resident. Its intended use is for food items only. Therefore, the scope of its usage does not include general purposes or cash back services. SNAP falls under the Food and Nutrition Service (FNS), which is a USDA agency. As such, SNAP is regulated by the USDA.
What Constitutes a SNAP Violation?
Being a SNAP retailer is a privilege. Therefore, it should be treated as such. Accepting EBT cards is a serious responsibility. Rules and regulations must be acknowledged and adhered. Violations occur when these rules and regulations are not followed. Such violations include the following:
• Trafficking (Exchanging SNAP benefits for cash);
• Providing false information on an application to become a SNAP retailer;
• Acceptance of EBT card for nonfood items (For example: tobacco and alcohol);
• Inconsistency in retailer’s EBT card transactions and food sales during a specific time period; and
• Acceptance of EBT card from unauthorized individuals by the retailer’s employees.
SNAP Violations
As a SNAP retailer, rules and regulations must be followed consistently. Although this seems easy enough, violations still occur. There are steep penalties for such violations. Being able to accept EBT cards is a retailer’s lifeblood. A SNAP violation will deliver a crushing blow to the retailer’s grocery business. If it is determined that the retailer did indeed commit a violation, then the retailer could be permanently or temporarily disqualified from participating in SNAP. Either way, the retailer’s grocery business will suffer.
If you find yourself in such a situation, then you need to consult a SNAP violation lawyer immediately. Perhaps you were not aware of the violations. Perhaps your employees are actually the culprits behind the violations. A lawyer can help you determine such, as well as guide you away from suspension of your SNAP privilege.
Time is of the essence once a SNAP violation letter is received. A response must be rendered within ten days. Failure to do so will only impede the retailer’s store from thriving. Also, whether a response is received or not, the USDA will still issue its verdict. You really do not want the USDA to give its verdict without taking your defense into consideration. In an effort to control SNAP violations, the USDA will impose steep penalties against offenders. Such penalties can range up to tens of thousands of dollars.
During its investigation, the USDA will seek out the SNAP retailer’s compliance policy. Said policy must be written, located in the store and already in existence when the violation claims were made. Plus, its prior existence must be proven by the SNAP retailer. Also, the USDA will seek out information about whether the SNAP retailer was already cognizant of the violations, and if such violations were beneficial to the retailer. If employees at any level were involved in SNAP fraud, then the retailer could face disqualification.
Again, as a SNAP retailer, it would be in your interest to have a consultation with a SNAP violation attorney upon receipt of a SNAP violation letter. Your failure to act could prove to be detrimental to your grocery business. Per law, USDA can impose a SNAP disqualification for a period of up to five years. It could be challenging for your grocery business to recover from such a penalty.
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