ELIGIBLE ITEMS · TEN DAYS FROM RECEIPT · 7 CFR 278.6(b)(1)
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ELIGIBLE ITEMS

What can’t be bought with SNAP benefits?

7 CFR 278.6(e)(3) · (e)(4) SPODEK LAW GROUP P.C. · UPDATED
THE SHORT ANSWER
Alcohol, tobacco, hot and prepared foods, and any nonfood item - soap, paper goods, pet food, cleaning products, phone and gift cards, appliances. The regulation punishes costly or conspicuous nonfood items two rungs harder than common ones.
THE DEADLINE, EVERY TIME
10
DAYS FROM RECEIPT
7 CFR 278.6(b)(1)
FNS doesn’t grant extensions. In a trafficking case the civil money penalty request has to be inside that filing or 278.6(b)(2)(iii) forecloses it permanently.
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When you’re looking online, you have multiple options. There are so many firms advertising SNAP defense. Thankfully, your search is over. Spodek Law Group P.C. offers premier white-glove service and we’re unafraid of fighting. Unlike firms that are more focused on their relationship with the agency than with you, we owe loyalty to only YOU. Your store, your family, your license.

One reason our firm has such a high success rate is that we’re selective about who we work with. If we’re choosing to work with you, it’s because we think we can make a positive impact. That’s vastly different from firms that take on any client willing to pay. When you reach out, you start with a risk-free consultation - and you can ask us anything you want, regardless of how long it takes.

If there’s a way to keep your store in the program, we’ll find it. That’s the whole job.

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IN BRIEF
INELIGIBLE ITEMS
7 CFR 278.6(e)
RETAILER DEFENSE
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The eligible list is groceries. Everything else at the counter is a potential charge, and the category of the item decides the size of the sanction.

Common nonfood items

Detergent, toilet paper, diapers, pet food, cleaning supplies, cigarettes and beer. A first sanction involving a pattern of these items runs about one year under 7 CFR 278.6(e)(4). For a discount or convenience format, this inventory is the economic core of the store, which makes mistakes structural rather than occasional.

Costly or conspicuous items

Small appliances, electronics, auto parts, tools, phone cards and gift cards. The regulation treats these as harder to explain, and a first-sanction pattern draws three years under 278.6(e)(3). The distinction matters enormously and it’s frequently arguable from itemized data.

How the exposure is reduced

Quantify it yourself before the agency estimates it. Itemized POS exports for the flagged dates, SKU-level eligibility configuration showing the store designed against the violation, signed clerk training, and proportion against total SNAP volume. Where the neighborhood has no comparable store, 278.6(f) can also convert months into a money penalty.

TWO CATEGORIES
Common items are one year; costly or conspicuous items are three.
SPLIT TENDERS
Mixed baskets need SKU-level tender control, not clerk judgment.
QUANTIFY FIRST
Size the exposure from your own data before FNS estimates it.
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SPODEK LAW GROUP P.C. · NEW YORK
Todd Spodek
Todd Spodek
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Ralph Franco
Ralph Franco
SPODEK LAW GROUP P.C.
Jeremy Feigenbaum
Jeremy Feigenbaum
SPODEK LAW GROUP P.C.
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Claire Banks
SPODEK LAW GROUP P.C.
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Alex Zhik
SPODEK LAW GROUP P.C.
SEND THE LETTER TO COUNSEL

Tell us what happened. Eight fields, two minutes - and a lawyer reads it today.

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WHAT HAPPENS NEXT
Today. A lawyer reads the letter and fixes your real deadline from the receipt date. You’ll know where you stand before we hang up.
Day one. If trafficking is charged, the written penalty request goes in immediately.
Days two to nine. Invoices, register data, inventory and the compliance file get assembled.
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THE ASK

Read us the first line of the letter. We’ll tell you what day you’re on.

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THE RULES BEHIND THIS ANSWER
Ten days from receipt. No extensions, for any reason. The CMP request must be in that first filing. A clerk’s conduct is attributed to the store. Unanswered transactions read as conceded. Ten more days to seek review after a determination.
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