Sec. 101. Retailers
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Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended— in paragraph (1)(A) by striking at least 2 and inserting at least 3 ; and in paragraph
(4)by inserting or agricultural producers who market agricultural products directly to consumers after venture . Section 7(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(f) ) is amended— by striking paragraph
(2)and inserting the following: Except as provided in subparagraph (B), the Secretary shall require participating retailers (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies. The Secretary may exempt from subparagraph (A)— farmers’ markets and other direct farmer-to-consumer marketing outlets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and
(8)of section 3(k); and establishments described in paragraphs (3), (4), and
(9)of section 3(k), other than restaurants participating in a State option restaurant program. ; and by adding at the end the following: Effective beginning on the effective date of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retailers to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation. The Secretary may exempt categories of retailers or individual retailers from subparagraph
(A)based on criteria established by the Secretary. In an effort to enhance the antifraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain a unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. In developing the regulations implementing this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions. The Secretary shall issue proposed regulations implementing this paragraph not earlier than 2 years after the date of enactment of this paragraph. . Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking is operational— and all that follows through
(ii)in the case of other participating stores, and inserting is operational . Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended— in the second sentence of subsection (a)(1) by striking ; and
(C)and inserting ;
(C)whether the applicant is located in an area with significantly limited access to food; and
(D); in subsection
(b)by adding at the end the following: No retail food store for which at least 45 percent of the total sales of the retail food store is from the sale of excluded items described in section 3(k)(1) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the retail food store is required for the effective and efficient operation of the supplemental nutrition assistance program. Subparagraph
(A)shall be effective— in the case of retail food stores applying to be authorized for the first time, beginning on the date that is 1 year after the effective date of this paragraph; and in the case of retail food stores participating in the program on the effective date of this paragraph, during periodic reauthorization in accordance with subsection (a)(2)(A). ; and by adding at the end the following: An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B). .
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