Sec. 4002. RETAIL FOOD STORES
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## SEC. 4002 RETAIL FOOD STORES ###
(a)Definition of Retail Food Store Section 3(p)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is amended— ####
(1)by inserting “at least 7” after “a variety of”; and ####
(2)by striking “at least 2” and inserting “at least 3”. ###
(b)Alternative Benefit Delivery Section 7(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)) is amended— ####
(1)by striking paragraph
(2)and inserting the following: > > #### “(2) Imposition of costs > > > ##### “(A) In general > > Except as provided in subparagraph (B), the Secretary shall require participating retail food stores (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, including related services. > > > ##### “(B) Exemptions > > The Secretary may exempt from subparagraph (A)— > > > ###### “(i) > > farmers’ markets and other direct-to-consumer markets, 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 > > > ###### “(ii) > > establishments described in paragraphs (3), (4), and
(9)of section 3(k), other than restaurants participating in a State option restaurant program. > > > ##### “(C) Interchange fees > > Nothing in this paragraph permits the charging of fees relating to the redemption of supplemental nutrition assistance program benefits, in accordance with subsection (h)(13).” > ; and ####
(2)by adding at the end the following: > > #### “(4) Termination of manual vouchers > > > ##### “(A) In general > > Effective beginning on the date of enactment 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 retail food stores 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. > > > ##### “(B) Exemptions > > The Secretary may exempt categories of retail food stores or individual retail food stores from subparagraph
(A)based on criteria established by the Secretary. > > > #### “(5) Unique identification number required > > > ##### “(A) In general > > To enhance the anti-fraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. > > > ##### “(B) Regulations > > > ###### “(i) In general > > Not earlier than 2 years after the date of enactment of this paragraph, the Secretary shall issue proposed regulations to carry out this paragraph. > > > ###### “(ii) Commercial practices > > In issuing regulations to carry out this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions.” > . ###
(c)Electronic Benefit Transfer Auditability Section 7(h)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)(C)) is amended by striking clause
(ii)and inserting the following: > > ###### “(ii) > > unless determined by the Secretary to be located in an area with significantly limited access to food, measures that require an electronic benefit transfer system— > > > ###### “(I) > > to set and enforce sales restrictions based on benefit transfer payment eligibility by using scanning or product lookup entry; and > > > ###### “(II) > > to deny benefit tenders for manually entered sales of ineligible items.” > . ###
(d)Electronic Benefit Transfers 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”. ###
(e)Approval of Retail Food Stores and Wholesale Food Concerns Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended— ####
(1)in subsection (a)(1), in the second sentence, by striking “; and (C)” and inserting “;
(C)whether the applicant is located in an area with significantly limited access to food; and (D)”; ####
(2)in subsection (c), in the first sentence, by inserting “purchase invoices, or program-related records,” after “relevant income and sales tax filing documents,”; and ####
(3)by adding at the end the following: > > ### “(g) EBT Service Requirement > > An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B).” > .
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