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7 U.S.C. § 2018 — Approval of retail food stores and whole-
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Page 1303
TITLE 7—AGRICULTURE
§ 2018
pursuant to section 117 of Pub. L. 97–35, set out as a
note under section 2012 of this title, see section 192(a)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–35 effective and imple-
mented upon such dates as Secretary of Agriculture
may prescribe, taking into account need for orderly im-
plementation, see section 117 of Pub. L. 97–35, set out as
a note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
§ 2018. Approval of retail food stores and whole-
sale food concerns
(a) Authorization to accept and redeem benefits
(1) APPLICATIONS.—
(A) IN GENERAL.—Regulations issued pursu-
ant to this chapter shall provide for the sub-
mission of applications for approval by retail
food stores and wholesale food concerns which
desire to be authorized to accept and redeem
benefits under the supplemental nutrition as-
sistance program and for the approval of those
applicants whose participation will effectuate
the purposes of the supplemental nutrition as-
sistance program.
(B) FACTORS FOR CONSIDERATION.—In deter-
mining the qualifications of applicants, there
shall be considered among such other factors
as may be appropriate, the following:
(i) the nature and extent of the food busi-
ness conducted by the applicant;
(ii) the volume of benefit transactions
which may reasonably be expected to be con-
ducted by the applicant food store or whole-
sale food concern;
(iii) whether the applicant is located in an
area with significantly limited access to
food;
(iv) any information, if available, about
the ability of the an
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Page 1303
TITLE 7—AGRICULTURE
§ 2018
pursuant to section 117 of Pub. L. 97–35, set out as a
note under section 2012 of this title, see section 192(a)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
Amendment by Pub. L. 97–35 effective and imple-
mented upon such dates as Secretary of Agriculture
may prescribe, taking into account need for orderly im-
plementation, see section 117 of Pub. L. 97–35, set out as
a note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
§ 2018. Approval of retail food stores and whole-
sale food concerns
(a) Authorization to accept and redeem benefits
(1) APPLICATIONS.—
(A) IN GENERAL.—Regulations issued pursu-
ant to this chapter shall provide for the sub-
mission of applications for approval by retail
food stores and wholesale food concerns which
desire to be authorized to accept and redeem
benefits under the supplemental nutrition as-
sistance program and for the approval of those
applicants whose participation will effectuate
the purposes of the supplemental nutrition as-
sistance program.
(B) FACTORS FOR CONSIDERATION.—In deter-
mining the qualifications of applicants, there
shall be considered among such other factors
as may be appropriate, the following:
(i) the nature and extent of the food busi-
ness conducted by the applicant;
(ii) the volume of benefit transactions
which may reasonably be expected to be con-
ducted by the applicant food store or whole-
sale food concern;
(iii) whether the applicant is located in an
area with significantly limited access to
food;
(iv) any information, if available, about
the ability of the anticipated or existing
electronic benefit transfer equipment and
service provider of the applicant to provide
sufficient information through the elec-
tronic benefit transfer system to minimize
the risk of fraudulent transactions; and
(v) the business integrity and reputation of
the applicant.
(C) CERTIFICATE.—Approval of an applicant
shall be evidenced by the issuance to such ap-
plicant of a nontransferable certificate of ap-
proval.
(D) VISIT REQUIRED.—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 supplemental nutrition
assistance program unless an authorized em-
ployee of the Department of Agriculture, a
designee of the Secretary, or, if practicable, an
official of the State or local government des-
ignated by the Secretary has visited the store
or concern for the purpose of determining
whether the store or concern should be ap-
proved or reauthorized, as appropriate.
(2) The Secretary shall issue regulations pro-
viding for—
(A) the periodic reauthorization of retail
food stores and wholesale food concerns; and
(B) periodic notice to participating retail
food stores and wholesale food concerns of the
definitions of ‘‘retail food store’’, ‘‘staple
foods’’,
‘‘eligible
foods’’,
and
‘‘perishable
foods’’.
(3) AUTHORIZATION
PERIODS.—The Secretary
shall establish specific time periods during
which authorization to accept and redeem bene-
fits shall be valid under the supplemental nutri-
tion assistance program.
(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT
AND
SERVICE
PROVIDERS.—Before implementing
clause (iv) of paragraph (1)(B), the Secretary
shall issue guidance for retail food stores on how
to select electronic benefit transfer equipment
and service providers that are able to meet the
requirements of that clause.
(b) Effective and efficient operation of program;
effect of disqualification; posting of bond
(1) No wholesale food concern may be author-
ized to accept and redeem benefits unless the
Secretary determines that its participation is
required for the effective and efficient operation
of the supplemental nutrition assistance pro-
gram. No co-located wholesale-retail food con-
cern may be authorized to accept and redeem
benefits 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 re-
tail food store would cause hardship to house-
holds that receive supplemental nutrition as-
sistance program benefits. In addition, no firm
may be authorized to accept and redeem benefits
as both a retail food store and as a wholesale
food concern at the same time.
(2)(A) A buyer or transferee (other than a bona
fide buyer or transferee) of a retail food store or
wholesale food concern that has been disquali-
fied under section 2021(a) of this title may not
accept or redeem benefits until the Secretary re-
ceives full payment of any penalty imposed on
such store or concern.
(B) A buyer or transferee may not, as a result
of the sale or transfer of such store or concern,
be required to furnish a bond under section
2021(d) of this title.
(c) Information submitted by applicants; safe-
guards; disclosure to and use by State agen-
cies
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, records
relating to electronic benefit transfer equipment
and related services, transaction and redemp-
tion data provided through the electronic ben-
efit transfer system, or program-related records,
which will permit a determination to be made as
to whether such applicant qualifies, or con-
tinues to qualify, for approval under the provi-
sions 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
Page 1304
TITLE 7—AGRICULTURE
§ 2018
with appropriate agencies and to obtain corrobo-
rating documentation from other sources so
that the accuracy of information provided by
the stores and concerns may be verified. Regula-
tions issued pursuant to this chapter shall pro-
vide for safeguards which limit the use or disclo-
sure of information obtained under the author-
ity granted by this subsection to purposes di-
rectly connected with administration and en-
forcement 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 in-
vestigative 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 per-
son who publishes, divulges, discloses, or makes
known in any manner or to any extent not au-
thorized 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.
(d) Hearing upon failure of applicant to receive
approval; waiting period for new application
Any retail food store or wholesale food con-
cern which has failed upon application to re-
ceive approval to participate in the supple-
mental nutrition assistance program may ob-
tain a hearing on such refusal as provided in sec-
tion 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 par-
ticipate in the program. The Secretary may es-
tablish a longer time period under the preceding
sentence, including permanent disqualification,
that reflects the severity of the basis of the de-
nial.
(e) Reporting of abuses by public
Approved retail food stores shall display a sign
providing information on how persons may re-
port abuses they have observed in the operation
of the supplemental nutrition assistance pro-
gram.
(f) Limitation on participation of house-to-house
trade routes
In those areas in which the Secretary, in con-
sultation with the Inspector General of the De-
partment of Agriculture, finds evidence that the
operation of house-to-house trade routes dam-
ages 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 house-
holds.
(g) EBT service requirement
An approved retail food store shall provide
adequate EBT service as described in section
2016(h)(3)(B) of this title.
(h) Private establishments
(1) In general
Subject to paragraph (2), no private estab-
lishment that contracts with a State agency
to offer meals at concessional prices as de-
scribed in paragraphs (3), (4), and (9) of section
2012(k) of this title may be authorized to ac-
cept and redeem benefits unless the Secretary
determines that the participation of the pri-
vate establishment is required to meet a docu-
mented need in accordance with section
2020(e)(25) of this title.
(2) Existing contracts
(A) In general
If, on the day before February 7, 2014, a
State has entered into a contract with a pri-
vate establishment described in paragraph
(1) and the Secretary has not determined
that the participation of the private estab-
lishment is necessary to meet a documented
need in accordance with section 2020(e)(25) of
this title, the Secretary shall allow the oper-
ation of the private establishment to con-
tinue without that determination of need for
a period not to exceed 180 days from the date
on which the Secretary establishes deter-
mination criteria, by regulation, under sec-
tion 2020(e)(25) of this title.
(B) Justification
If the Secretary determines to terminate a
contract with a private establishment that
is in effect on February 7, 2014, the Secretary
shall provide justification to the State in
which the private establishment is located
for that termination.
(3) Report to Congress
Not later than 90 days after September 30,
2014, and 90 days after the last day of each fis-
cal year thereafter, the Secretary shall submit
to the Committee on Agriculture of the House
of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Sen-
ate a report on the effectiveness of a program
under this subsection using any information
received from States under section 2020(e)(25)
of this title as well as any other information
the Secretary may have relating to the man-
ner in which benefits are used.
(i) Review of program operations
(1) Review by the Secretary
The Secretary—
(A) shall review a representative sample of
currently authorized facilities referred to in
section 2012(k)(3) of this title to determine
whether benefits are properly used by or on
behalf of participating households residing
in such facilities and whether such facilities
are using more than 1 source of Federal or
State funding to meet the food needs of resi-
dents;
Page 1305
TITLE 7—AGRICULTURE
§ 2018
(B) may carry out similar reviews for cur-
rently participating residential drug and al-
cohol treatment and rehabilitation pro-
grams, and group living arrangements for
the blind and disabled, referred to in section
2012(k) of this title;
(C) shall gather information, and such fa-
cilities, programs, and arrangements shall
be required to submit information deemed
necessary for a full and thorough review; and
(D) shall report the results of these re-
views to the Committee on Agriculture of
the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and For-
estry of the Senate not later than 18 months
after December 20, 2018, along with rec-
ommendations regarding—
(i) any additional requirements or over-
sight that would be appropriate for such
facilities, programs, and arrangements;
and
(ii) whether such facilities, programs,
and arrangements should continue to be
authorized to participate in the supple-
mental nutrition assistance program.
(2) Limitation
Nothing in this subsection shall authorize
the Secretary to deny any application for con-
tinued authorization, any application for au-
thorization, or any request to withdraw the
authorization of any such facility, program, or
arrangement based on a determination that
residents of any such facility or entity are
residents of an institution prior to December
31, 2022.
(j) Incentives
(1) Definition of eligible incentive food
In this subsection, the term ‘‘eligible incen-
tive food’’ means—
(A) a staple food that is identified for in-
creased consumption, consistent with the
most recent dietary recommendations; and
(B) a fruit, vegetable, dairy, whole grain,
or product thereof.
(2) Guidance
(A) In general
The Secretary shall issue guidance to clar-
ify the process by which an approved retail
food store may seek a waiver to offer an in-
centive, which may be used only for the pur-
chase of an eligible incentive food at the
point of purchase, to a household purchasing
food with benefits issued under this chapter.
(B) Guidance
The guidance under subparagraph (A) shall
establish a process under which an approved
retail food store, prior to carrying out an in-
centive program under this subsection, shall
provide to the Secretary information de-
scribing the incentive program, including—
(i) the types of incentives that will be of-
fered;
(ii) the types of foods that will be
incentivized for purchase; and
(iii) an explanation of how the incentive
program intends to support meeting die-
tary intake goals.
(3) No limitation on benefits
A waiver granted under this subsection shall
not be used to carry out any activity that lim-
its the use of benefits under this chapter or
any other Federal nutrition law.
(4) Effect
Guidance provided under this subsection
shall not affect any requirements under sec-
tion 7517 of this title, including the eligibility
of a retail food store to participate in a
project funded under such section.
(5) Report
The Secretary shall submit to the Com-
mittee on Agriculture of the House of Rep-
resentatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate
an annual report describing the types of incen-
tives approved under this subsection.
(Pub. L. 88–525, § 9, Aug. 31, 1964, 78 Stat. 705;
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91
Stat. 968; Pub. L. 97–98, title XIII, §§ 1313, 1314,
Dec. 22, 1981, 95 Stat. 1285; Pub. L. 97–253, title I,
§ 165, Sept. 8, 1982, 96 Stat. 779; Pub. L. 99–198,
title XV, §§ 1521, 1532(b), Dec. 23, 1985, 99 Stat.
1579, 1583; Pub. L. 99–570, title XI, § 11002(d), Oct.
27, 1986, 100 Stat. 3207–168; Pub. L. 101–624, title
XVII, §§ 1733, 1734, Nov. 28, 1990, 104 Stat. 3791;
Pub. L. 102–237, title IX, § 941(4), Dec. 13, 1991, 105
Stat. 1892; Pub. L. 103–225, title II, §§ 202, 203,
Mar. 25, 1994, 108 Stat. 108; Pub. L. 103–448, title
II, § 204(w)(2)(A), Nov. 2, 1994, 108 Stat. 4746; Pub.
L. 104–193, title VIII, §§ 831–834, Aug. 22, 1996, 110
Stat. 2328; Pub. L. 110–234, title IV, §§ 4001(b),
4002(a)(5), 4115(b)(6), May 22, 2008, 122 Stat. 1092,
1093, 1106; Pub. L. 110–246, § 4(a), title IV,
§§ 4001(b), 4002(a)(5), 4115(b)(6), June 18, 2008, 122
Stat. 1664, 1853, 1854, 1868; Pub. L. 113–79, title IV,
§§ 4002(e), 4014(b), 4030(f), Feb. 7, 2014, 128 Stat.
784,
794,
814;
Pub.
L.
115–334,
title
IV,
§§ 4006(f)–4008, Dec. 20, 2018, 132 Stat. 4637–4639;
Pub. L. 116–94, div. B, title VII, § 784, Dec. 20,
2019, 133 Stat. 2656; Pub. L. 116–260, div. A, title
VII, § 783, Dec. 27, 2020, 134 Stat. 1230; Pub. L.
117–103, div. A, title VII, § 773, Mar. 15, 2022, 136
Stat. 99.)
Editorial Notes
REFERENCES IN TEXT
That Act, meaning the Child Nutrition Act of 1966,
referred to in subsec. (c), is Pub. L. 89–642, Oct. 11, 1966,
80 Stat. 885, which is classified generally to chapter 13A
(§ 1771 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 1771 of
Title 42 and Tables.
CODIFICATION
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.
AMENDMENTS
2022—Subsec. (i)(2). Pub. L. 117–103 substituted ‘‘De-
cember 31, 2022’’ for ‘‘December 31, 2021’’.
2020—Subsec. (i)(2). Pub. L. 116–260 substituted ‘‘De-
cember 31, 2021’’ for ‘‘December 31, 2020’’.
2019—Subsec. (i)(2). Pub. L. 116–94 substituted ‘‘prior
to December 31, 2020’’ for ‘‘for a period of 18 months
from December 20, 2018’’.
2018—Subsec. (a)(1). Pub. L. 115–334, § 4006(f)(1), in-
serted subsec. heading, designated existing provisions,
comprised of four sentences, as par. (1), inserted par.
heading, designated first through fourth sentences as
Page 1306
TITLE 7—AGRICULTURE
§ 2018
subpars. (A) to (D), respectively, inserted subpar. head-
ings, redesignated former cls. (A) to (D) of second sen-
tence as cls. (i) to (iii) and (v) of subpar. (B), respec-
tively, and added cl. (iv) of subpar. (B).
Subsec. (a)(4). Pub. L. 115–334, § 4006(f)(2), added par.
(4).
Subsec. (c). Pub. L. 115–334, § 4006(f)(3), inserted
‘‘records relating to electronic benefit transfer equip-
ment and related services, transaction and redemption
data provided through the electronic benefit transfer
system,’’ after ‘‘purchase invoices,’’.
Subsec. (i). Pub. L. 115–334, § 4007, added subsec. (i).
Subsec. (j). Pub. L. 115–334, § 4008, added subsec. (j).
2014—Subsec. (a)(1). Pub. L. 113–79, § 4002(e)(1), sub-
stituted ‘‘; (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 mar-
gins.
Subsec. (c). Pub. L. 113–79, § 4002(e)(2), inserted ‘‘pur-
chase invoices, or program-related records,’’ after ‘‘rel-
evant 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 pro-
gram’’ 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 amend-
ment, text read as follows: ‘‘The Secretary shall estab-
lish 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), sub-
stituted ‘‘benefits’’ for ‘‘coupons’’ wherever appearing.
Pub. L. 110–246, § 4002(a)(5), substituted ‘‘households
that receive supplemental nutrition assistance pro-
gram benefits’’ for ‘‘food stamp households’’.
Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental
nutrition assistance program’’ for ‘‘food stamp pro-
gram’’.
Subsec. (b)(2)(A). Pub. L. 110–246, § 4115(b)(6)(A), sub-
stituted ‘‘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 pro-
gram’’.
Subsec. (e). Pub. L. 110–246, § 4001(b), substituted ‘‘sup-
plemental nutrition assistance program’’ for ‘‘food
stamp program’’.
Subsec. (g). Pub. L. 110–246, § 4115(b)(6)(C), which di-
rected 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 ter-
mination. 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 par-
ticipation in the food stamp program unless an author-
ized employee of the Department of Agriculture, a des-
ignee of the Secretary, or, if practicable, an official of
the State or local government designated by the Sec-
retary 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, in-
serted ‘‘, which may include relevant income and sales
tax filing documents,’’ after ‘‘submit information’’ and
inserted after first sentence ‘‘The regulations may re-
quire 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 de-
nied 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 perma-
nent 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 regula-
tions providing for a periodic reauthorization of retail
food stores and wholesale food concerns.’’
Subsec. (c). Pub. L. 103–448 in second sentence sub-
stituted ‘‘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’’, in-
serted after second sentence ‘‘Any person who pub-
lishes, divulges, discloses, or makes known in any man-
ner or to any extent not authorized by Federal law (in-
cluding 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 ex-
clude’’.
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 ex-
isting 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 con-
cern may be authorized to accept and redeem coupons
as a retail food store, unless (A) the concern does a sub-
stantial level of retail food business, or (B) the Sec-
retary 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), tem-
porarily 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 establish-
ment 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 establish-
ment 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 supple-
mental 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 provi-
sion that such purposes not exclude the audit and ex-
amination of such information by the Comptroller Gen-
eral of the United States authorized by any other pro-
vision of law.
Subsec. (e). Pub. L. 97–98, § 1314, added subsec. (e).
Page 1307
TITLE 7—AGRICULTURE
§ 2019
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.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-
wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of this
title.
Amendment
by
sections
4001(b),
4002(a)(5),
and
4115(b)(6) of Pub. L. 110–246 effective Oct. 1, 2008, see sec-
tion 4407 of Pub. L. 110–246, set out as a note under sec-
tion 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–448 effective Oct. 1, 1994,
see section 401 of Pub. L. 103–448, set out as a note
under section 1755 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–237 effective and to be im-
plemented no later than Feb. 1, 1992, see section
1101(d)(1) of Pub. L. 102–237, set out as a note under sec-
tion 1421 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–624 effective and imple-
mented first day of month beginning 120 days after pub-
lication of implementing regulations to be promulgated
not later than Oct. 1, 1991, see section 1781(a) of Pub. L.
101–624, set out as a note under section 2012 of this title.
EFFECTIVE AND TERMINATION DATES OF 1986
AMENDMENT
Amendment by Pub. L. 99–570 effective, and to be im-
plemented by issuance of final regulations, not later
than Apr. 1, 1987, and cease to be effective after Sept.
30, 1990, see section 11002(f)(1), (2) of Pub. L. 99–570, set
out as a note under section 2012 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–253 effective Sept. 8, 1982,
see section 193(a) of Pub. L. 97–253, set out as a note
under section 2012 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–98 effective on earlier of
Sept. 8, 1982, or date such amendment became effective
pursuant to section 1338 of Pub. L. 97–98, set out as a
note under section 2012 of this title, see section 192(b)
of Pub. L. 97–253, set out as a note under section 2012 of
this title.
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.
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat.
958, provided that the amendment made by section 1301
is effective Oct. 1, 1977.
§ 2019. Redemption of program benefits
Regulations issued pursuant to this chapter
shall provide for the redemption of benefits ac-
cepted by retail food stores through approved
wholesale food concerns or through financial in-
stitutions which are insured by the Federal De-
posit Insurance Corporation, or which are in-
sured under the Federal Credit Union Act [12
U.S.C. 1751 et seq.] and have retail food stores or
wholesale food concerns in their field of mem-
bership, with the cooperation of the Treasury
Department, except that retail food stores de-
fined in section 2012(o)(4) of this title shall be
authorized to redeem their members’ food bene-
fits prior to receipt by the members of the food
so purchased, retail food stores authorized to ac-
cept and redeem benefits through on-line trans-
actions shall be authorized to accept benefits
prior to the delivery of food if the delivery oc-
curs within a reasonable time of the purchase,
as determined by the Secretary, and publicly op-
erated community mental health centers or pri-
vate nonprofit organizations or institutions
which serve meals to narcotics addicts or alco-
holics in drug addiction or alcoholic treatment
and rehabilitation programs, public and private
nonprofit shelters that prepare and serve meals
for battered women and children, and public or
private nonprofit group living arrangements
that serve meals to disabled or blind residents,
shall not be authorized to redeem benefits
through financial institutions which are insured
by the Federal Deposit Insurance Corporation or
the Federal Credit Union Act. Notwithstanding
the preceding sentence, a center, organization,
institution, shelter, group living arrangement,
or establishment described in that sentence may
be authorized to redeem benefits through a fi-
nancial institution described in that sentence if
the center, organization, institution, shelter,
group living arrangement, or establishment is
equipped with 1 or more point-of-sale devices
and is operating in an area in which an elec-
tronic benefit transfer system described in sec-
tion 2016(h) of this title has been implemented.
No financial institution may impose on or col-
lect from a retail food store a fee or other
charge for the redemption of benefits that are
submitted to the financial institution in a man-
ner consistent with the requirements, other
than any requirements relating to cancellation
of benefits, for the presentation of benefits by fi-
nancial institutions to the Federal Reserve
banks.
(Pub. L. 88–525, § 10, Aug. 31, 1964, 78 Stat. 706;
Pub. L. 91–671, § 6, Jan. 11, 1971, 84 Stat. 2051;
Pub. L. 92–603, title IV, § 411(c)–(e), Oct. 30, 1972,
86 Stat. 1491; Pub. L. 93–86, § 3(f), (i), (k), Aug. 10,
1973, 87 Stat. 247, 248; Pub. L. 93–125, § 1(j), Oct.
18, 1973, 87 Stat. 450; Pub. L. 95–113, title XIII,
§ 1301, Sept. 29, 1977, 91 Stat. 969; Pub. L. 96–58,
§ 8, Aug. 14, 1979, 93 Stat. 392; Pub. L. 96–249, title
I, § 101(b), May 26, 1980, 94 Stat. 357; Pub. L. 97–98,
title XIII, § 1315, Dec. 22, 1981, 95 Stat. 1285; Pub.
L. 99–198, title XV, §§ 1501(b), 1522, 1523(a), Dec.
23, 1985, 99 Stat. 1566, 1580; Pub. L. 99–570, title
XI, § 11002(e), Oct. 27, 1986, 100 Stat. 3207–168; Pub.
L. 107–171, title IV, § 4113(a), May 13, 2002, 116
Stat. 313; Pub. L. 110–234, title IV, § 4115(b)(7),
May 22, 2008, 122 Stat. 1107; Pub. L. 110–246, § 4(a),
title IV, § 4115(b)(7), June 18, 2008, 122 Stat. 1664,
1868; Pub. L. 113–79, title IV, § 4011(b)(2)(B), Feb.
7, 2014, 128 Stat. 793; Pub. L. 115–334, title IV,
§ 4022(4), Dec. 20, 2018, 132 Stat. 4653.)
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The facility is authorized to act upon the request of the Board of Governors of the Federal Reserve System as an agent of the Federal Reserve System in matters pertaining to credit unions under such terms and conditions as may be established by the Board of Governors of the Federal Reserve System.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1751
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 853
TITLE 12—BANKS AND BANKING
§ 1751
CHAPTER 14—FEDERAL CREDIT UNIONS
Sec.
1751.
Short title.
1751a.
Omitted.
SUBCHAPTER I—GENERAL PROVISIONS
1752.
Definitions.
1752a.
National Credit Union Administration.
1753.
Federal credit union organization.
1754.
Approval of organization certificate.
1755.
Fees.
1756.
Reports and examinations.
1756a.
Omitted.
1757.
Powers.
1757a.
Limitation on member business loans.
1758.
Bylaws.
1759.
Membership.
1760.
Members’ meetings.
1761.
Management.
1761a.
Officers of the board.
1761b.
Board of directors; meetings; powers and du-
ties; executive committee; membership offi-
cers; membership application.
1761c.
Credit committee.
1761d.
Supervisory committee; powers and duties;
suspension of members; passbook.
1762.
Repealed.
1763.
Dividends.
1764.
Expulsion and withdrawal.
1765.
Minors.
1766.
Powers of Board.
1767.
Fiscal agents and depositories; authorization
to secure deposits by governmental bodies.
1768.
Taxation.
1769.
Separability; right to alter, amend, or repeal
chapter.
1770.
Allotment of space in Federal buildings or
Federal land.
1771.
Conversion from Federal to State credit
union and from State to Federal credit
union.
1772.
Territorial application of chapter.
1772a.
Gifts; acceptance of conditional gifts; deposit.
1772b.
Apportionment.
1772c.
Trust fund.
1772c–1.
Community development revolving loan fund
for credit unions.
1772d.
Forfeiture of organization certificate for
money laundering or cash transaction re-
porting offenses.
1772e.
Data standards.
1772f.
Open data publication.
1773.
District of Columbia credit unions; conver-
sion to Federal status.
1774.
Approval of certificate; assets and obligations
of applicant credit union.
1
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1771
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Federal law — U.S. Code and appendices · legal_authorities
Page 5002
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1771
(3) improve the timeliness and completeness
of direct communication between the Food
and Nutrition Service and States about holds
and recalls, such as through the commodity
alert system of the Food and Nutrition Serv-
ice; and
(4) establish a timeframe to improve the
commodity hold and recall procedures of the
Department of Agriculture to address the role
of processors and determine the involvement
of distributors with processed products that
may contain recalled ingredients, to facilitate
the provision of more timely and complete in-
formation to schools.
(b) Food Safety and Inspection Service
Not later than 1 year after December 13, 2010,
the Secretary, acting through the Administrator
of the Food Safety and Inspection Service, shall
revise the procedures of the Food Safety and In-
spection Service to ensure that schools are in-
cluded in effectiveness checks.
(June 4, 1946, ch. 281, § 29, as added Pub. L.
111–296, title III, § 308, Dec. 13, 2010, 124 Stat.
3246.)
Editorial Notes
REFERENCES IN TEXT
The Child Nutrition Act of 1966, referred to in subsec.
(a)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which
is classified generally to chapter 13A (§ 1771 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1771 of
this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2010, except as otherwise spe-
cifically provided, see section 445 of Pub. L. 111–296, set
out as an Effective Date of 2010 Amendment note under
section 1751 of this title.
CHAPTER 13A—CHILD NUTRITION
Sec.
1771.
Congressional declaration of purpose.
1772.
Special program to encourage the consum
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1771
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declaration of purpose** Congress finds that substantial numbers of pregnant, postpartum, and breastfeeding women, infants, and young children from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. It is, therefore, the purpose of the program authorized by this section to provide, up to the authorization levels set forth in subsection (g) of this section, supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency that applies for participation in the program. The program shall serve as an adjunct to good health care, during critical times of growth and development, to prevent the occurrence of health problems, including drug abuse, and improve the health status of these persons.
**(b) Definitions** As used in this section—
(1) “Breastfeeding women” means women up to one year postpartum who are breastfeeding their infants.
(2) “Children” means persons who have had their first birthday but have not yet attained their fifth birthday.
(3) “Competent professional authority” means physicians, nutritionists, registered nurses, dietitians, or State or local medically trained health officials, or persons designated by physicians or State or local medically trained health officials, in accordance with standards prescribed by the Secretary, as being competent professionally to evaluate nutritional risk.
(4) “Costs of nutrition services and administration” or “nutrition services and administration” means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boar
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1786
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Federal law — U.S. Code and appendices · legal_authorities
Page 5020
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1786
Stat. 230, which is classified generally to chapter 13
(§ 1751 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1751 of this title and Tables.
AMENDMENTS
1999—Subsec. (b). Pub. L. 106–78 substituted ‘‘Richard
B. Russell National School Lunch Act’’ for ‘‘National
School Lunch Act’’ in two places.
1996—Subsec. (a). Pub. L. 104–193 substituted ‘‘be
available at any reasonable time’’ for ‘‘at all times be
available’’.
1981—Pub. L. 97–35 designated existing provisions as
subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
see section 820(a)(7)(C), of Pub. L. 97–35, set out as a
note under section 1753 of this title.
STUDY OF COST ACCOUNTING REQUIREMENTS
Secretary prohibited from delaying or withholding or
causing any State to delay or withhold payments for
reimbursement of per meal costs on the basis of non-
compliance with full cost accounting procedure unless
and until the Secretary has studied additional per-
sonnel and training needs of States, local school dis-
tricts and schools resulting from imposition of require-
ment to implement full cost accounting procedures, see
section 21 of Pub. L. 94–105, set out as a note under sec-
tion 1760 of this title.
§ 1786. Special supplemental nutrition program
for women, infants, and children
(a) Congressional findings and declaration of
purpose
Congress finds that substantial numbers of
pregnant,
postpartum,
and
breastfeeding
women, infants, and young children from fami-
lies with inadequate income are at special risk
with respect to their physical and mental health
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1786
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization to accept and redeem benefits**
(1) **Applications.—**
(A) *In general.—* — Regulations issued pursuant to this chapter shall provide for the submission of applications for approval by retail food stores and wholesale food concerns which desire to be authorized to accept and redeem benefits under the supplemental nutrition assistance program and for the approval of those applicants whose participation will effectuate the purposes of the supplemental nutrition assistance program.
(B) *Factors for consideration.—* — In determining the qualifications of applicants, there shall be considered among such other factors as may be appropriate, the following:
(i) the nature and extent of the food business conducted by the applicant;
(ii) the volume of benefit transactions which may reasonably be expected to be conducted by the applicant food store or wholesale food concern;
(iii) whether the applicant is located in an area with significantly limited access to food;
(iv) any information, if available, about the ability of the anticipated or existing electronic benefit transfer equipment and service provider of the applicant to provide sufficient information through the electronic benefit transfer system to minimize the risk of fraudulent transactions; and
(v) the business integrity and reputation of the applicant.
(C) *Certificate.—* — Approval of an applicant shall be evidenced by the issuance to such applicant of a nontransferable certificate of approval.
(D) *Visit required.—* — 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 supplemental n
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2018
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