Sec. 4105. Retail incentives
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Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended by adding at the end the following: In this subsection, the term eligible incentive food means food that is— identified for increased consumption by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ); and a fruit, a vegetable, low-fat dairy, or a whole grain. The Secretary shall promulgate regulations to clarify the process by which an approved retail food store may seek a waiver to offer an incentive that may be used only for the purchase of eligible incentive food at the point of purchase to a household purchasing food with benefits issued under this Act.
The regulations under subparagraph
(A)shall establish a process under which an approved retail food store, prior to carrying out an incentive program under this subsection, shall provide to the Secretary information describing the incentive program, including— the types of incentives that will be offered; the types of foods that will be incentivized for purchase; and an explanation of how the incentive program intends to support meeting dietary intake goals. A waiver granted under this subsection shall not be used to carry out any activity that limits the use of benefits under this Act or any other Federal nutrition law. Regulations promulgated under this subsection shall not affect any requirements under section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 ) or section 4304 of the Agriculture Improvement Act of 2018 , including the eligibility of a retail food store to participate in a project funded under those sections. The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report describing the types of incentives approved under this subsection. .
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