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7 U.S.C. § 2018 — Approval of retail food stores and whole-

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7 U.S.C. § 2018 — Approval of retail food stores and whole-

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.)

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1751 — Agent of Federal Reserve System

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.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1751 — Short title

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1771 — Congressional declaration of purpose

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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1771 — Congressional declaration of purpose

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1786 — Special supplemental nutrition program

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

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2018 — Approval of retail food stores and wholesale food concerns

**(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

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