§ 2012. Definitions

Pub. L. 93–86, § 3(b), Aug. 10, 1978, 87 Stat. 246, cited as a credit to this section, was repealed, effective Oct. 1, 1977, by section 1302(a)(1) of Pub. L. 95–113. Section 3(b) of Pub. L. 93–86 had amended the definition of “household” in 1973 to exclude individuals receiving supplementary security income benefits under title XVI of the Social Security Act in certain months. For the period beginning Jan. 1, 1974, and ending September 30, 1978, Pub. L. 93–233, § 8(a), Dec. 30, 1973, 87 Stat. 956, as amended by Pub. L. 93–335, § 1(a), (b), July 8, 1974, 88 Stat. 291; Pub. L. 94–44, § 3, June 28, 1975, 89 Stat. 235; Pub. L. 94–365, § 2, July 14, 1976, 90 Stat. 990; Pub. L. 95–59, § 3, June 30, 1977, 91 Stat. 255, provided that the amendment by section 3(b) of Pub. L. 93–86 should not be effective and that the definition of “household” should read as it did before such amendment but with the addition of a new sentence to exclude individuals receiving certain Federal or State supplementary payments under certain circumstances.

Regulations

Pub. L. 113–79, title IV, § 4003(b), Feb. 7, 2014, 128 Stat. 785, provided that: “(1) Issuance of rules.—The Secretary [of Agriculture] shall issue regulations that—“(A) establish criteria to identify a food purchasing and delivery service referred to in section 3(p)(5) [now 3(o)(5)] of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(5) [now 2012(o)(5)]); and “(B) establish procedures to ensure that the service—“(i) does not charge more for a food item than the price paid by the service for the food item; “(ii) offers food delivery service at no or low cost to households under that Act [7 U.S.C. 2011 et seq.]; “(iii) ensures that benefits provided under the supplemental nutrition assistance program are used only to purchase food (as defined in section 3 of that Act (7 U.S.C. 2012)); “(iv) limits the purchase of food, and the delivery of the food, to households eligible to receive services described in section 3(p)(5) [now 3(o)(5)] of that Act (7 U.S.C. 2012(p)(5) [now 2012(o)(5)]); “(v) has established adequate safeguards against fraudulent activities, including unauthorized use of electronic benefit cards issued under that Act; and “(vi) meets such other requirements as the Secretary determines to be appropriate. “(2) Limitation.—Before the issuance of rules under paragraph (1), the Secretary may not approve more than 20 food purchasing and delivery services referred to in section 3(p)(5) [now 3(o)(5)] of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(5) [now 2012(o)(5)]) to participate as retail food stores under the supplemental nutrition assistance program.”

Extension of Existing SNAP Flexibilities for COVID–19

Pub. L. 116–159, div. D, title VI, § 4603(a)(1), (2), Oct. 1, 2020, 134 Stat. 745, 746, as amended by Pub. L. 116–260, div. N, title VII, § 702(g), Dec. 27, 2020, 134 Stat. 2094, provided that: “(1) State options.—“(A) A State agency (as defined in section 3(s) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(s))) shall have the option, without prior approval from the Secretary of Agriculture—“(i) to extend certification periods under section 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)) for not more than 6 months and adjust periodic report requirements under section 6(c)(1)(D)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(c)(1)(D)(i)) for some or all participating households with certification periods set to expire or periodic reports due on or before June 30, 2021, consistent with the extensions and adjustments provided in the Food and Nutrition Service’s April 22, 2020, blanket approval for extending certification and adjusting periodic reports, unless otherwise provided in this subparagraph; “(ii) to allow household reporting requirements under section 273.12(a)(5)(iii) of title 7 of the Code of Federal Regulations to satisfy the recertification requirements under section 273.14 of title 7 of the Code of Federal Regulations for some or all participating households with recertification periods set to expire on or before December 31, 2021; and “(iii) to adjust the interview requirements under sections 273.2 and 273.14(b) of title 7 of the Code of Federal Regulations for some or all household applications or recertifications through June 30, 2021, consistent with the adjustments provided in the Food and Nutrition Service’s March 26, 2020, blanket approval for adjusting interview requirements, unless otherwise provided in this subparagraph. “(B) Not later than 5 days after exercising an option under subparagraph (A), a State agency shall notify the Secretary of Agriculture in writing of the option exercised, the categories of households affected by the option, and the duration of such option. “(2) Adjustment.—The Secretary of Agriculture shall allow a State agency to suspend the requirements under sections 275.11(b)(1) and (2), 275.12, and 275.13 of title 7 of the Code of Federal Regulations from June 1, 2020, through June 30, 2021, consistent with the waivers provided in the Food and Nutrition Service’s April 30, 2020, blanket approval for waiver of quality control reviews, unless otherwise provided in this paragraph.”

Continued Eligibility

Pub. L. 103–225, title II, § 205, Mar. 25, 1994, 108 Stat. 109, as amended by Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), May 22, 2008, 122 Stat. 1095, 1096, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(B), 4115(c)(2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1871, provided that: “An establishment or house-to-house trade route that is otherwise authorized to accept and redeem coupons under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on the day before the date of enactment of this Act [Mar. 25, 1994] shall be considered to meet the definition of ‘retail food store’ in section 3(p) [now 3(o)] of that Act [now 7 U.S.C. 2012(o)] until the earlier of— “(1) the periodic reauthorization of the establishment or route; or “(2) such time as the eligibility of the establishment or route for continued participation in the supplemental nutrition assistance program is evaluated for any reason.”

Report on Impact on Retail Food Stores

Pub. L. 103–225, title II, § 206, Mar. 25, 1994, 108 Stat. 109, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(B), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(B), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: “Not later than 18 months after the date of enactment of this Act [Mar. 25, 1994], the Secretary of Agriculture shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the impact of the amendments made by sections 201 and 202 [amending this section and section 2018 of this title] on the involvement of retail food stores in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), including a description of— “(1) the numbers and types of stores that were newly authorized to participate in the supplemental nutrition assistance program after implementation of the amendments; “(2) the numbers and types of stores that were withdrawn from the supplemental nutrition assistance program after implementation of the amendments; “(3) the procedures used by the Secretary, and the adequacy of the procedures used, to determine the eligibility of stores to participate in the supplemental nutrition assistance program and to authorize and reauthorize the stores to participate in the supplemental nutrition assistance program; “(4) the adequacy of the guidance provided by the Secretary to retail food stores concerning—“(A) the definitions of ‘retail food store’, ‘staple foods’, ‘eligible foods’, and ‘perishable foods’ for purposes of the supplemental nutrition assistance program; and “(B) eligibility criteria for stores to participate in the supplemental nutrition assistance program; and “(5) an assessment of whether the amendment to the definition of ‘retail food store’ under section 3(k) of such Act [subsec. (k) of this section] (as amended by section 201(1)) has had an adverse effect on the integrity of the supplemental nutrition assistance program.”

Continuing Eligibility of Certain Retail Food Stores

Pub. L. 103–205, § 2, Dec. 17, 1993, 107 Stat. 2418, as amended by Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), May 22, 2008, 122 Stat. 1095–1097, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(D), 4115(c)(1)(A)(i), (B)(i), (2)(A), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1870, 1871, provided that: “Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act [Dec. 17, 1993] and ending on March 15, 1994, an establishment or house-to-house trade route that is otherwise authorized to accept and redeem benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) on the date of enactment of this Act may not be disqualified from participation in the supplemental nutrition assistance program solely because the establishment or trade route does not meet the definition of ‘retail food store’ under section 3(p)(1) [now 3(o)(1)] of such Act (7 U.S.C. 2012(k)(1) [now 2012(o)(1)]).”

Publicly Operated Community Health Centers

Pub. L. 98–107, § 101(b), Oct. 1, 1983, 97 Stat. 734, provided in part: “That notwithstanding any other provision of law or this joint resolution, the provisions of subsections (f) and (i) of section 3 and section 10 of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008], as amended [7 U.S.C. 2012(h), (m) and 2019], concerning private, nonprofit drug addiction or alcoholic treatment and rehabilitation programs, shall also be applicable to publicly operated community health centers”.

[Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of Title 42, The Public Health and Welfare.]

Eligibility of Supplemental Security Income Recipients for Food Stamps During Prescribed Period Beginning January 1, 1974

Provisions respecting eligibility of supplemental security income recipients for food stamps during prescribed period beginning Jan. 1, 1974, see section 8(c) of Pub. L. 93–233, Dec. 31, 1974, 87 Stat. 957, set out as a note under section 1382e of Title 42, The Public Health and Welfare.