[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Proposed Rules]
[Pages 35082-35090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16501]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 125 / Wednesday, June 30, 1999 / 
Proposed Rules  

[[Page 35082]]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 
282, 283, 284, and 285

RIN 0584-AB90


Food Stamp Program: Revisions to the Retail Food Store Definition 
and Program Authorization Guidance

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would implement provisions of the Food 
Stamp Program Improvements Act of 1994 to revise the criteria for 
eligibility of firms to participate in the Food Stamp Program (FSP) as 
retail food stores, and to provide for notification to such firms of 
eligibility criteria for participation in the FSP. The intended effect 
of this proposed rule is to ensure that food stamp recipients continue 
to have adequate access to retail food stores where they can purchase a 
wide variety of nutritious food items, intended for home preparation 
and consumption, that meet their daily food needs, and to clarify 
procedures and eligibility requirements for authorizing participation 
in the FSP as a retail food store. This proposed rule also reinserts 
part of a sentence inadvertently removed from the regulations by an 
earlier rule, and replaces references to the Secretary of Health and 
Human Services with references to the Commissioner of the Social 
Security Administration.

DATES: Comments must be received by August 30, 1999 to be assured of 
consideration.

ADDRESSES: Comments should be addressed to Judy Love, Redemption 
Management Branch, Benefit Redemption Division, Food and Nutrition 
Service, 3101 Park Center Drive, Alexandria, Virginia 22302-1594, or 
faxed to (703) 305-2418. All written comments will be open to public 
inspection at the office of the Food and Nutrition Service during 
regular business hours (8:30 a.m. to 5 p.m., Monday through Friday) in 
room 706, 3101 Park Center Drive, Alexandria, Virginia.

FOR FURTHER INFORMATION CONTACT: Questions regarding this rulemaking 
should be addressed to Judy Love at the above address or by telephone 
at (703) 305-2418.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be significant and was reviewed by 
the Office of Management and Budget under Executive Order 12866.

Executive Order 12372

    The Food Stamp Program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.551. For the reasons set forth in the final 
rule and related Notice to 7 CFR Part 3015 subpart V (48 FR 29115, June 
24, 1983), this Program is excluded from the scope of the Executive 
Order 12372 which requires inter-governmental consultation with State 
and local officials.

Regulatory Flexibility Act

    This rule has been reviewed with regard to the requirements of the 
Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). Samuel Chambers, 
Jr., the Administrator of FNS, has certified that this rule does not 
have a significant economic impact on a substantial number of small 
entities, based on preliminary implementation data. It may, however, 
impact a small number of firms that do not effectuate the purposes of 
the FSP.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies that 
conflict with its provisions, or that would otherwise impede its full 
implementation. This rule is not intended to have retroactive effect 
unless so specified in the EFFECTIVE DATE'' paragraph of this preamble. 
Prior to any judicial challenge to the provisions of this rule or the 
application of its provisions, all applicable administrative procedures 
must be exhausted. In the Food Stamp Program the administrative 
procedures are as follows: (1) for Program benefit recipients--State 
administrative procedures issued under to 7 U.S.C. 2020(e)(10) and 7 
CFR 273.15; (2) for State agencies--administrative procedures issued 
under to 7 U.S.C. 2023, and set forth in 7 CFR 276.7 (for rules related 
to non-quality control (QC) liabilities) or 7 CFR Part 283 (for rules 
related to QC liabilities); (3) for Program retailers and wholesalers-- 
administrative procedures issued under to 7 U.S.C. 2023, and set forth 
in 7 CFR 278.8.

Unfunded Mandate Reform Act of 1995

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, FNS 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When such a statement is needed for a rule, section 205 of 
the UMRA generally requires FNS to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, more 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. This rule contains no Federal mandates under 
the regulatory provision of Title II of the UMRA for State, local and 
tribal governments or the private sector of $100 million or more in any 
one year. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, this notice 
announces our intent to collect additional information on the 
application completed by retail food stores to request approval to 
participate in the Food Stamp Program (FSP) and to obtain approval for 
3 years of the revised applications.
    Comments on this notice must be submitted by August 30, 1999.

[[Page 35083]]

    Comments are invited on: (a) whether the proposed collection of 
information is necessary for the performance of the functions of the 
agency, including whether the information will have practical utility; 
(b) the accuracy of the agency's estimate of the burden of the proposed 
collection of information including the validity of the methodology and 
assumptions used; (c) ways to enhance the quality, utility and clarity 
of the information to be collected; and (d) ways to minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology.
    Comments may be sent to Lori Schack, Desk Officer, Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, D.C. 20502 (a copy may also be sent to Judy Love, 
Redemption Management Branch, Benefit Redemption Division, Food and 
Nutrition Service, U.S. Department of Agriculture, 3101 Park Center 
Drive, Alexandria, VA 22302. For further information, or for copies of 
the information collection, please contact Ms. Love at the above 
address.)
    All responses to this notice will be summarized, included in the 
request for OMB approval, and become a matter of public record.
    Title: Food Stamp Program Store Applications.
    OMB Number: 0584-0008.
    Type of Request: Revision of a currently approved collection.
    Abstract: The Food and Nutrition Service (FNS) of the U.S. 
Department of Agriculture is the Federal agency responsible for the 
FSP. The Food Stamp Act of 1977, as amended (the Act) (7 U.S.C. 2011-
2036), requires that the Agency determine the eligibility of firms and 
certain food service organizations to accept and redeem food stamp 
benefits and to monitor them for compliance and continued eligibility.
    Part of FNS's responsibility is to accept applications from retail 
food establishments and meal service programs that wish to participate 
in the FSP, review the applications in order to determine whether or 
not applicants meet eligibility requirements, and make determinations 
whether to grant or deny authorization to accept and redeem food stamp 
benefits. FNS is also responsible for requiring updates to application 
information and reviewing that information to determine whether or not 
the firms or services continue to meet eligibility requirements.
    There are currently 3 application forms approved under OMB No. 
0584-0008. Together these forms are used by retailers, wholesalers, 
meal service providers, certain types of group homes, shelters, and 
state-contracted restaurants, to apply to FNS for authorization to 
participate in the FSP. Form FNS-252, Food Stamp Application For Stores 
is generally used by stores, excluding facilities which provide meal 
services such as communal dining, shelters, restaurant and other meal 
service programs, which are newly applying for authorization; Form FNS-
252R, Food Stamp Program Application For Stores-Reauthorization is used 
by the majority of currently authorized stores to apply for 
reauthorization, excluding facilities which provide meal services such 
as communal dining, shelters, restaurants and other meal service 
programs; and Form FNS-252-2, Application to Participate in the Food 
Stamp Program for Communal Dining Facility/Others generally used by 
communal dining and restaurant facilities and other food service 
programs which are newly applying or applying for reauthorization. In a 
few cases, at the discretion of the FNS field offices, some stores 
would be required to complete Form FNS-252 to apply for 
reauthorization. Section 9(c) of the Act provides the necessary 
authorization(s) to collect the information contained in these forms. 
This proposed rule contains new eligibility requirements that result in 
changes to the application form(s).
    Except for two of the new eligibility requirements (discussed later 
in this notice), the burden imposed by the new requirements have 
already been incorporated into Form FNS-252 and FNS-252R, as 
appropriate. On May 6, 1996, FNS published a notice for public comment 
on the revisions resulting from these new statutory requirements and 
associated burden estimates. The burden estimates and comments received 
were submitted to OMB. OMB approved the burden estimates through May 
30, 1999. On October 15, 1996, FNS issued final rules (61 FR 53595) 
which implemented a new collection requirement for certain users of 
Form FNS-252-2. The appropriate notice soliciting comments on the 
revised estimates was contained in the preamble of that rule. Again, 
the burden estimates and comments were submitted to OMB. That 
submission to OMB included the May 1996 estimates and the October 1996 
estimates, and were approved by OMB through October 31, 1999. This new 
notice announces our intent to revise the existing burden estimates 
approved by OMB through October 31, 1999 and obtain OMB approval for an 
additional 3 years based on proposed re-estimates of the existing 
burden using more recent data as well as estimates for new information 
collection that was not contained in the May 6, 1996 or October 15, 
1996 notices for public comment.
    We do not collect information on the number of FSP applications 
received annually. Current burden estimates associated with these 3 
application forms are determined from information maintained in STARS 
(Store Tracking and Redemption System) based on the total number of 
currently authorized stores or the number of newly authorized stores. 
The number of expected applications is divided between initial 
applications from new applicants and applications for reauthorization 
from currently authorized stores.
    We are proposing new burden estimates which: use more recent store 
authorization data; include burden estimates associated with new 
information collection contained in this proposed rule which was not 
included in the May 6, 1996 notice; and, include a correction in burden 
estimates to capture a change in application requirements for private 
restaurants that was inadvertently omitted from the hourly burden 
estimates when last submitted to OMB.

Adjustments--Re-estimates Based on More Recent Data and Corrections

    For burden estimates associated with new applicants (initial 
authorizations), we used the number of stores (all types) newly 
authorized/approved currently estimated at 20,696 (rounded to 20,700) 
based on FY 1997 year-end data from STARS and inflated this number by 
10% (2,070) to capture a total of 22,770 applications expected to be 
received and processed from stores annually. It is estimated that 98% 
(22,315) of the 22,770 applications expected to be received would be on 
Form FNS-252 and 2% (455 would be on Form FNS-252-2. Due to a technical 
correction discussed later in this section of the preamble, the number 
of expected applications would be further changed to reflect an 
expected total of 22,347 applications using Form FNS-252 and 423 
applications using Form FNS-252-2.
    For burden estimates associated with applications for 
reauthorization, we used the total number of stores (all types) 
authorized (184,300) as of December 1997. Generally, authorized stores 
are subject to reauthorization at least once every 4 years. Thus, it is

[[Page 35084]]

estimated that 25% (46,000) of all authorized stores would be subject 
to reauthorization in any given year. Using, the number of authorized 
stores as of December 1997, it is estimated that 46,000 reauthorization 
applications would be expected to be received annually. Of the 46,000 
reauthorization applications expected, it is estimated that 96% 
(44,160) will be on Form FNS-252R, 3% (1,380) will be on Form FNS-252-
2, and 1% (460) will be on Form FNS-252.
    Hourly burden time per response varies by type of application and 
includes the time to review instructions, search existing data 
resources, gather and copy the data needed, complete and review the 
application, and submit the form and documentation to FNS. It should be 
noted that the number of applicant and authorized stores has been 
declining over the past few years due to several program changes, such 
as changes in eligibility requirements, stronger sanctions against 
violators, and implementation of Electronic Benefit Transfer systems. 
These declines have resulted in a reduction in the overall number of 
respondents and ultimately a reduction in the overall proposed burden 
hours reflected in the summary chart.
    Currently, private restaurants applying for FSP participation in 
the State-administered special restaurant program use Form FNS-252-2 to 
apply for participation. This category of applicant represents about 7% 
of the number of current applicants using Form FNS-252-2. Over time, it 
has been determined that we need additional information from such 
private restaurants to ensure that they meet necessary requirements of 
operation to carry out the intent of the FSP. The additional 
information needed would be captured by having these respondents, 
estimated at about 32, complete Form FNS-252 rather than Form FNS-252-
2. We estimate that these restaurants will spend an estimated 10 
minutes of additional burden time using the longer Form FNS-252, 
however, this contributes to a negligible amount to the increase in the 
average hourly burden rate reflected in the chart on page 10 because 
the number of respondents is so small. This change is a technical 
correction rather than a re-estimate based on more recent data, and is 
reflected in the number of initial applications expected to be received 
as shown in the summary chart.
    As currently approved by OMB, the hourly burden rate per response 
for Form FNS-252 is 20 to 68 minutes, with the average being 27 minutes 
and 10 to 20 minutes for Form FNS 252-2, with the average being 10 
minutes. These hourly burden rates are not affected by the re-estimated 
number of applications expected to be received or the technical 
correction. However, previous estimates to OMB erroneously reflected 
the average burden time for Form FNS-252-2 as 10 minutes. The average 
time is 12 minutes and this correction appears in the proposed 
estimates in the summary chart.

Adjustments--New Information Collection--Proposed Rule

    This proposed rule requires that retail food stores qualifying 
under criterion A offer for sale on a continuous basis a variety of 
foods in each of the 4 staple food categories: Bread/Cereals; Dairy 
Products; Fruits/Vegetables; and Meat/Poultry/Fish. Forms FNS-252 and 
252R would be affected by this new information collection. Currently, 
stores simply use a check box entitled ``Variety'' on Forms FNS-252 and 
FNS-252R to indicate that they have more than one type of staple food 
within each of the 4 staple food categories listed. Under the proposed 
rules (Sec. 278.1(b)(1)(ii)(A)), stores would have to declare that they 
have a minimum of 3 different types of staple foods in each of the 4 
staple food categories. To implement this change, we would make a 
simple change to the heading of the current check-box item. Hourly 
burden associated with this change is expected to be negligible, so no 
change is made in the estimate.
    The proposed regulations (Sec. 278.1(b)(1)(ii)(B)) further provide 
that stores qualifying under criterion A have at least $30,000 in 
annual wholesale staple food purchases. We would add a Yes/No check-box 
question to Forms FNS-252 and FNS-252R to capture this information. 
Most stores will know their wholesale staple food purchases exceed 
$30,000 and will check this box. Those that do not know this 
information will incur an estimated additional 10 minutes (or .1667 
hours) of burden time to assemble and analyze readily available store 
records such as wholesale inventory receipts. This requirement does not 
affect users of Form FNS-252-2 as these applicants are meal service 
providers, which are not subject to the new requirement, nor does it 
affect stores qualifying under Criterion B, which requires that 50 
percent or more of a firm's sales must be in staple foods. We do not 
know how many stores would incur this additional burden on Forms FNS-
252 and 252R. For the purpose of assessing burden, we are assuming that 
at least an estimated 5% (1,140) of the number of applications expected 
to be received annually using Form FNS-252 (22,807) would incur this 
additional burden. We further assume that at least an estimated 5% 
(2,208) of the number of reauthorization applications expected to be 
received using Form FNS-252R (44,160) would incur the additional 
burden.
    The hourly burden time for users of Form FNS-252 is estimated to be 
20 to 68 minutes, with the average being 27 minutes. The hourly burden 
time for users of Form FNS-252R is estimated to be 5 to 8 minutes, with 
the average being 7 minutes. The estimated additional 10 minutes of 
burden time associated with the new information collection requirements 
would increase the average burden time for the affected respondents to 
37 minutes for Form FNS-252 and 17 minutes for Form FNS-252R. Thus, the 
overall average hourly burden rate for all users of these forms would 
change from 27 to 27.5 minutes for Form FNS-252 and from 7 to 7.5 
minutes for Form FNS-252R as a result of the new requirements.
    Total number of respondents completing at least one of the 3 
applications in question, taking into consideration the adjustments 
discussed above, would be as follows:

FNS-252:
    New authorizations.........      -          22,347  (22,770  x  .98 + 32).
    Reauthorizations...........      -             460  (184,000  x  .25 x .01).
                                       ----------------
                                 .....          22,807
FNS-252-2:
    New authorizations.........      -             423  (22,770  x  .02-32).
    Reauthorizations...........      -           1,380  (184,000  x  .25 x .03).
                                       ----------------
                                                 1,803
FNS-252R:

[[Page 35085]]

 
    Reauthorizations...........      -          44,160  (184,000  x  .25  x  .01-1,380-460).
                                       ----------------
        Total Responses........                 68,770
 

    The existing estimates, as approved by OMB through May 1999 and 
shown on the following chart, reflect the total annual number of 
responses as 80,613 and the annual burden hours as 18,396. The proposed 
number of responses would be 68,700 with total burden hours of 16,333 
hours. The net effect of the proposed burden estimates is an overall 
decrease in burden hours of 2,063 hours annually.
    Affected Public: Food Retail and Wholesale Firms, Meal Service 
Programs, certain types of Group Homes, Shelters, and State-contracted 
Restaurants.
    Estimated Number of Respondents: 68,770.
    Estimated Number of Responses per respondent: 1.
    Estimated Time per Response: 0.237501.
    Estimated Total Annual Burden: 16,333.

                     Summary of Proposed Burden Estimates for Forms FNS-252, 252-2 and 252R
----------------------------------------------------------------------------------------------------------------
                                     Number of     Responses per   Total annual    Burden hours    Total annual
              Title                 respondents     respondent       responses     per response    burden hours
----------------------------------------------------------------------------------------------------------------
Form FNS-252:
    Existing....................          26,431               1          26,431           .4500          11,894
    Proposed....................          22,807               1          22,807           .4583          10,452
        Difference..............          -3,624               1          -3,624          +.0083          -1,442
Form FNS-252-2:
    Existing....................           2,592               1           2,592           .1855             481
    Proposed....................           1,803               1           1,803           .2000             361
        Difference..............            -789  ..............            -789          +.0145            -120
Form FNS-252R:
    Existing....................          51,590               1          51,590           .1167           6,021
    Proposed....................          44,160               1          44,160           .1250           5,520
        Difference..............          -7,430  ..............          -7,430          +.0083            -501
Totals:
    Existing....................          80,613  ..............          80,613  ..............          18,396
    Proposed....................          68,770  ..............          68,770  ..............          16,333
        Difference..............         -11,843  ..............         -11,843  ..............          -2,063
----------------------------------------------------------------------------------------------------------------

Background

    Sections 201 and 202 of the Food Stamp Program Improvements Act of 
1994, Pub. L. 103-225, (hereinafter, Pub. L. 103-225), revised the 
eligibility requirements found in section 3(k)(1) of the Food Stamp Act 
of 1977, as amended, 7 U.S.C. 2011-2036 (hereinafter the Act) for firms 
participating in the Food Stamp Program (FSP) as retail food stores. 
Under the current provisions of the Act, as amended by Pub. L. 103-225, 
a firm to be eligible to participate as a retail food store, under 
section 3(k)(1) of the Act, must offer for sale a variety of staple 
foods for home preparation and consumption in each of four staple food 
categories, including perishable foods in at least two of the 
categories, or have the majority of its total gross sales in staple 
foods for home preparation and consumption.
    Current food stamp regulations, implementing section 3(k)(1) of the 
Act, provide that, in order to participate in the FSP, a firm must have 
more than 50 percent of its eligible food sales volume in staple food 
items intended for home preparation and consumption. In 1992, when the 
Department began the periodic reauthorization of retail food stores, as 
authorized by the Food, Agriculture, Conservation, and Trade Act of 
1990, Pub. L. 101-624, it was determined that a significant number of 
small retail food stores participating in the Food Stamp Program, under 
section 3(k)(1) of the Act, no longer met the required ratio of staple 
food sales to eligible food sales. Concern developed over the 
possibility that a massive withdrawal of these retail food stores, 
especially stores serving recipients in inner-cities and rural areas, 
could create a hardship for food stamp recipients throughout the 
country. Accordingly, in Pub. L. 103-225, Congress revised the 
eligibility criteria that firms must meet in order to obtain and 
maintain FSP authorization to participate as a retail food store.
    H.R. Report No. 352, 103rd Congress (1993) (November 10, 1993, page 
3), which accompanied Pub. L. 103-225, (hereafter Report 352), stated 
that the revised eligibility criteria were intended to allow stores 
that ``. . . sell a wide range and high percentage of nutritious staple 
foods . . .'' to continue participating in the FSP, to ensure ``. . . 
that food stamp recipients have adequate access to retail food stores. 
. . .'' That same report also stated that the revised definition of a 
retail food store in section 3(k)(1) was intended to `` . . . bar 
marginal food stores from participating in the program. . . .''
    Under current rules implementing section 3(k)(1) of the Act, a 
firm's eligibility is based on the ratio of staple food sales to 
eligible food sales. At section 3(g) of the Act, ``eligible food'' is 
defined as any food or food product intended for home consumption 
except alcoholic beverages, tobacco, hot foods, or hot food products 
ready for immediate consumption. Thus, under current rules, a firm 
could qualify as long as its staple food sales exceeded 50 percent of 
its total eligible food sales. This means, for example, that a liquor 
store that sells a variety of staple snack foods such as chips, 
crackers, cheeses and hors d'oeuvres, would qualify for authorization 
as long as the staple food sales exceeded eligible accessory food 
sales, including carbonated and uncarbonated non-alcoholic beverages, 
coffee, tea, cocoa, candy, condiments, and spices. This was true even 
though a store's food sales may have represented only a small portion 
of its business. Consequently, such marginal food stores have been 
allowed to participate in the FSP under current rules.

[[Page 35086]]

    As noted, Report 352 states that the revised definition of a retail 
food store under Pub. L. 103-225 was intended to bar such marginal food 
stores from participating in the FSP. Congress amended section 3(k)(1) 
to require that firms sell a wide range or high percentage of staple 
foods in order to be eligible to participate as a retail food store. 
Thus, based on Pub. L. 103-225, this rule proposes that in order to 
qualify under section 3(k)(1) of the Act, as amended, a firm must 
either offer for sale an ample variety of staple foods for home 
preparation and consumption in each of the four staple food categories, 
including perishable foods in at least two of the categories, or have 
the majority of a its total gross sales in staple foods for home 
preparation and consumption. This would effectively bar many marginal 
food stores from participation, and at the same time, ensure that food 
stamp recipients have access to retail food stores that sell an ample 
variety of staple foods intended for home preparation and consumption.
    Pub. L. 103-225 and this proposed rule are not intended to affect 
the current prohibition against the participation of certain types of 
firms that do not effectuate the purposes of the Food Stamp Program, as 
set forth in Report 352. This includes, but is not limited to, stores 
selling only accessory foods, such as spices, candy, soft drinks, tea, 
or coffee; ice cream vendors selling solely ice cream; specialty 
doughnut shops or bakeries not selling bread. Furthermore, this rule is 
not intended to affect and does not change current statutory 
restrictions on the participation of meal services, wholesalers or the 
special restaurant programs for the elderly, disabled, and the 
homeless.
    Pub. L. 103-225 and this proposed rule restate the long-standing 
requirement that a qualifying firm under section 3(k)(1) of the Act 
must sell staple foods for home preparation and consumption. As set 
forth in section 1 of the Act, the purpose of the FSP is ``to provide 
for improved levels of nutrition among low-income households.'' 
Further, as set forth in section 2, the FSP should ``permit low-income 
households to obtain a more nutritious diet through normal channels of 
trade * * *'' The policies and concepts proposed in this rule are based 
on the underlying principle that a qualifying firm under section 
3(k)(1) of the Act must either sell an ample variety of staple foods 
for home preparation and consumption, or have the majority of its total 
gross retail sales in staple foods intended for home preparation and 
consumption.
    In addition, Pub. L. 103-225 states that the Secretary must issue 
regulations providing for 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.'' The Department is proposing that this notification, at a 
minimum, be provided at the time of the initial authorization of a 
firm, as well as at the time a participating retail food store is 
reauthorized.
    Finally, this proposed rule reinserts language that was 
inadvertently removed in a regulation published on December 27, 1996, 
titled ``Revisions in Use and Disclosure Rules Involving the Sharing of 
Information Provided by Retail and Wholesale Concerns with Other 
Federal and State Agencies''. The language, which allows the Department 
to disclose information about firms participating in the FSP for 
administration and enforcement purposes, would be added to the first 
sentence in Sec. 278.1(q) of the FSP regulations. This is consistent 
with section 9(c)of the Food Stamp Act of 1977, as amended, and section 
17 of the Child Nutrition Act of 1966.

Revisions in Definitions and Eligibility Criteria Involving Retail 
Food Stores (7 CFR 271.2 and 7 CFR 278.1)

    Under current rules (7 CFR 271.2), a retail food store is defined 
as having more than 50 percent of its total eligible food sales in 
staple food sales intended for home preparation and consumption. Pub. 
L. 103-225 amended section 3(k)(1) of the Act and established two 
separate criteria, meeting either one of which, absent any other 
restriction, would qualify a firm to be eligible to accept and redeem 
food stamp benefits as a participating retail food store. This 
rulemaking proposes to implement changes to section 3(k)(1) of the Act 
required by Pub. L. 103-225, to revise the definition of ``retail food 
store'' and ``staple foods'' to conform to the statutory changes. It 
also would define four new terms--``continuous basis,'' ``perishable,'' 
``total gross retail sales'' and ``variety of foods''--that are used in 
the revised definition of a retail food store.

Eligibility Requirements Under Criterion A

    Criterion A, section 3(k)(1)(A) as amended by Pub. L. 103-225, is 
the first basis upon which a firm may qualify for participation in the 
FSP as a retail food store. Section 3(k)(1)(A) requires that an 
establishment or house-to-house trade route offer for sale, on a 
continuous basis, a variety of staple foods intended for home 
preparation and consumption in each of the four categories of staple 
foods, as specified in subsection (u)(1) of the Act, including 
perishable foods in at least two of the four categories.
    The Department proposes to revise the definition of ``staple food'' 
contained in regulations at 7 CFR 271.2 to mean those items intended 
for home preparation and consumption in the following four categories: 
(1) meat, poultry, or fish; (2) bread or cereals; (3) vegetables or 
fruits; and, (4) dairy products. ``Staple foods'' do not include 
accessory food items such as coffee, tea, cocoa, carbonated and 
uncarbonated drinks, candy, condiments, and spices (section 3(u)(2) of 
the Act). The definition of ``staple food'' under current rules in 7 
CFR 271.2 and in previous statutory language at section 3(k)(1) of the 
Act, described ``staple food'' as items for home preparation and 
consumption, such as meat, poultry, fish, bread, breadstuffs, cereals, 
vegetables, fruits, fruit and vegetable juices, dairy products and the 
like, but not including accessory food items, such as coffee, tea, 
cocoa, carbonated and uncarbonated drinks, candy, condiments, and 
spices.
    Hot foods, by statute, continue to be ineligible for purchase with 
food stamps under this proposed rule, and therefore do not qualify as 
staple foods for the purpose of determining eligibility. Pub. L. 103-
225 and this rule do not change the definition of ``eligible foods'' 
that can be purchased with food coupons.
    The revised statutory definition of retail food store under this 
criterion includes four new terms--``variety of foods,'' ``continuous 
basis,'' ``perishable foods,'' and ``total gross retail sales'' 
(section 3(k)(1)(A) of the Act, as amended by Pub. L. 103-225). Firms 
that qualify to participate in the Food Stamp Program as a retail food 
store under Criterion A, must stock and offer for sale a variety of 
foods on a continuous basis in each of the four defined staple food 
categories, with perishable foods in at least two of those categories.
Variety of Foods
    The Department proposes that the term ``variety of foods'' means 
that a qualifying firm must maintain no fewer than three different 
varieties of staple food items for home preparation and consumption in 
each of the four defined staple food categories, including perishable 
foods in at least two of those categories.
    The Department further proposes that the term ``variety of foods'' 
should not be interpreted as meaning different brands, different types 
of packaging,

[[Page 35087]]

different package sizes, or similar food items with varying 
ingredients. The purpose of this is to ensure that food stamp 
recipients have a reasonable selection of foods from which to choose. 
For example, a store could not satisfy the dairy requirement under 
Criterion A by stocking only skim milk, whole milk, and chocolate milk, 
because these milks with varying ingredients would count as only one 
variety. Examples of processed foods with similar ingredients that 
would count as a single staple food variety for the purpose of 
determining store eligibility are: various types and brands of sausage 
(mild, spicy, low salt, low fat); breakfast cereals; sliced breads 
(white, wheat, rye, oat bran, and multi-grains); pasta sauces; and milk 
(low fat, flavored, canned, powdered). Examples of unprocessed foods 
that, because of their similarities, would count as a single staple 
food variety for the purpose of determining store eligibility are: 
different types of apples, lettuce, mushrooms, potatoes, cabbage, 
tomatoes, squash, or onions. The Department is particularly interested 
in receiving comments on this aspect of the proposed rulemaking.
    In addition, the Department proposes that multi-ingredient food 
items intended for home preparation and consumption, such as macaroni 
and cheese, canned beef stew, cold pizzas or frozen dinners, would only 
be counted as one variety of staple food, which would normally be based 
on the main staple food ingredient as determined by the Department. For 
example, macaroni and cheese would be counted as only one variety, a 
pasta, and not a cheese or both pasta and cheese, because pasta is the 
main ingredient. The Department believes this proposal is needed for 
clarification purposes and to ensure more consistent application of the 
new retail store definition in determining a firm's eligibility. The 
Department also believes this proposal is reasonable and prudent and 
meets the intent of Congress in requiring eligible stores to sell a 
variety of staple foods. The Department invites comments regarding this 
criteria.
Continuous Basis
    The stated purpose of the FSP in section 2 of the Act is to 
alleviate hunger and malnutrition and to permit low-income households 
to obtain a more nutritious diet. Report 352 states that ``only food 
stores that carry an ample supply of food items in each category of 
staple foods would be authorized to accept and redeem food stamps.'' It 
is, therefore, important that authorized firms qualifying under section 
3(k)(1) of the Act be able to provide food stamp households access to 
an ample variety of staple food items in sufficient amounts on a 
continuous basis. The Department proposes that one way to measure 
whether or not qualifying firms offer a sufficient depth of stock in 
staple foods on a continuous basis is to require that firms meet a 
minimum annual staple food wholesale purchase threshold, which would 
require verification of at least $30,000 in staple food wholesale 
purchases annually. Wholesale purchases are purchases of goods by 
retailers for resale to consumers. This threshold may be periodically 
adjusted. Participating stores would be notified in advance of any 
changes in the minimum annual staple food threshold. The Department 
seeks comments on its proposed threshold, as well as any alternative 
suggestions.
    The Department proposes that a retail food store covered by section 
3(k)(1) of the Act would not qualify under Criterion A if it failed to 
meet the minimum $30,000 in staple food wholesale purchases annually. 
New stores must meet this standard to be authorized, and all 
participating stores must continue to meet this standard in order to 
maintain their authorization. New stores may meet the standard through 
projections of, at least, $30,000 in staple food wholesale purchases 
annually.
    As mentioned above, Congress revised the eligibility requirements 
in section 3(k)(1) of the Act in response to concerns that a number of 
small firms (particularly convenience type stores), were at risk of 
losing their authorization to accept food stamps. This concern was 
particularly evident in inner-cities and rural areas where the 
Department seeks to ensure that food stamp households have access to 
nutritious foods that are intended for home preparation and 
consumption. The department anticipates that because of the relatively 
few firms that may be negatively impacted by these requirements and the 
small quantities of staple foods that affected stores sell to 
recipients, their ineligibility will not cause hardship to food stamp 
households and the standard will continue to allow adequate recipient 
access to eligible staple food for home preparation and consumption.
Perishable Foods
    The Department proposes that, for the purpose of this rule, the 
term ``perishable foods'' means frozen staple foods as well as fresh, 
unrefrigerated or refrigerated staple foods that have a turnover rate 
of approximately 2 to 3 weeks to ensure that optimal quality is 
maintained. Frozen food is included as a perishable because of the 
potential for frozen foods to deteriorate if they are maintained at 
temperatures above freezing for lengthy periods of time. Typically, 
perishable foods will spoil or suffer significant deterioration in 
quality within a 2-3 week period. Examples of perishable food items 
include fresh milk; fresh or frozen vegetables, fruits, breads, meats, 
and fish. Two or more staple food categories must include perishable 
foods. Congressional intent for this requirement, as referenced in 
Report 352, is to ensure ``* * *adequate turnover of items in those 
categories* * *.'' which is evidence that a firm is a legitimate food 
store regularly in the business of selling food for home preparation 
and consumption under section 3(k)(1) of the Act.

Eligibility Requirements Under Criterion B

    The eligibility requirements under this criterion, section 
3(k)(1)(B) of the Act, are similar to current rules, but rather than 
requiring a firm to have more than 50 percent of its total eligible 
food sales in staple foods, it requires that more than 50 percent of 
its total gross retail sales be in staple food sales. A firm that meets 
the eligibility requirements of the first criterion (Criterion A) 
(absent other restrictions) would not be required to meet this second 
criterion (Criterion B) and likewise, a firm that meets the second 
criterion (absent other restrictions) would not be required to meet the 
first criterion.
    The Department wishes to clarify that total gross retail sales 
means all retail sales of the firm, including food and non-food 
merchandise, as well as services such as rental fees, professional 
fees, and entertainment/sports/game income. However, the Department 
proposes that retail service fees directly connected to the processing 
of staple foods, such as raw meat, poultry or fish by the service 
provider, would be calculated as staple food sales under Criterion B. 
This is to ensure that specialty firms, such as those selling only 
meat, are not negatively impacted by the proposed retail food store 
definition if they derive a high percentage of their gross retail sales 
from services that are not staple food sales but are directly related 
to staple food sales, such as meat processing fees. These types of 
specialty firms generally offer reasonably priced staple foods and 
provide a valued service to food stamp recipients, and clearly 
effectuate the purposes of the FSP. The Department wishes to reiterate, 
however, that service charges such as rental fees, professional fees, 
and entertainment/

[[Page 35088]]

sports/games incomes are to be included in the computation of a firm's 
total gross retail sales.

Verification of Information

    As set forth in Pub. L. 103-225, the Department proposes that 
verification of information (such as a firm's food sales data, 
wholesale purchasing receipts, and inventory records) that covers an 
appropriate period of time may be required to be provided by the firm 
to the Department to document compliance with eligibility criteria. 
Failure to provide this information when requested would result in the 
denial or withdrawal of authorization.

Recipient Hardship Consideration

    Historically, FSP rules and the Act have only stipulated special 
recipient hardship exceptions in rare cases involving stores that have 
committed violations and face disqualification from program 
participation under section 278.6. This rule does not propose to create 
a new recipient hardship exception for applicant firms. The Department 
is, however, requesting comments regarding justification for such an 
exception.

Ineligible Stores

    The changes proposed in this rulemaking are intended to allow 
continued FSP participation as a retail food store for firms that 
effectuate the purposes of the FSP and which meet either of the 
criterion under section 3(k)(1). In keeping with the intent of 
Congress, it is not the purpose of this proposed rulemaking to expand 
participation to entities that have not been allowed to participate in 
the past under section 3(k)(1). Thus, the Department wishes to 
reiterate that firms that are primarily restaurants would qualify to 
participate in the FSP only under the restrictions of the special, 
State administered restaurant programs that serve only special 
populations (the elderly, disabled or homeless food stamp recipients) 
at concessional prices. These programs are specifically provided for in 
section 3(g) of the Act. Therefore, at section 271.2, paragraph 4, the 
Department has proposed that firms having more than 50 percent of their 
total gross retail sales in hot or cold prepared foods that are not 
intended for home preparation and consumption, such as prepared 
sandwiches, prepared salads and individual cones or dishes of ice 
cream, that are consumed on the premises or sold for carryout, will 
continue to be ineligible under section 3(k)(1) (A) or (B) of the Act. 
This position is strongly supported by the manner in which the statute 
at section 3(k) was constructed and subsequently amended by Pub. L. 
103-225. That is, section 3(k) sets forth 4 separate and distinct types 
of eligible firms. Firms described in sections 3(k) (2), (3) and (4) 
are clearly distinguishable from those covered in 3(k)(1) and are 
singled out for special treatment. Section 3(k)(2) covers, among other 
firm types, private restaurants by directly referencing entities cited 
in sections 3(g) (3), (4), (5), (7), (8), and (9), under the definition 
of ``food.'' Clearly Pub. L. 103-225 amended only section 3(k)(1) and 
did not change the restrictions on the types of firms covered under 
sections 3(k) (2), (3) and (4).
    Finally, the provisions in sections 3(g) (3), (4) and (9) of the 
Act under the definition of ``food,'' permit private establishments 
(i.e., restaurants) to accept food stamps only from elderly, disabled 
or homeless individuals, and only if the establishment has a contract 
with an agency of the State to offer meals to such persons at 
concessional prices.

Periodic Notification to Stores

    In accordance with the provisions and requirements set forth in 
section 202 of Pub. L. 103-225, this rule proposes that firms 
participating as retail food stores will be provided periodic 
notification of program eligibility criteria. In order to maintain 
program integrity, authorized retail food stores must fully understand 
and comply with regulatory requirements to continue to participate in 
the FSP. Thus, the Department proposes that when a new firm applies for 
authorization, it will routinely be provided with materials that lay 
out the criteria for authorization under section 3(k)(1) of the Act. In 
addition, FNS will provide this information when a participating retail 
food store receives its reauthorization notification, and at other 
times, upon request. These materials, at a minimum, will include the 
definitions of ``retail food store,'' ``eligible foods,'' ``staple 
foods,'' and ``perishable foods.''

Request for Comments on Proposed Retail Food Store Eligibility Criteria

    Because the statutory requirements were effective upon enactment, 
most of the changes in store eligibility criteria required by Pub. L. 
103-225 have been implemented. The proposed wholesale purchase 
threshold used to define the continuous basis requirement under 
Criterion A is new and has not been implemented. The Department 
believes most firms that are otherwise eligible under Criterion A will 
meet this new proposed requirement. Some small stores that are 
currently eligible may not meet this proposed threshold; however, 
because these stores tend to sell primarily staple food items, they 
should easily qualify under Criterion B, which does not include such a 
threshold.
    The Department projects that the overall impact of this proposed 
rule will not affect most stores currently participating in the Food 
Stamp Program. FNS data shows that 1.7 percent of all stores evaluated 
for reauthorization between October, 1993 and September, 1998, (2,866 
out of 168,079 stores) failed to meet either Criterion A or B. The 
Department requests comments on the effects of this proposed rule, 
including costs and benefits.

List of Subjects

7 CFR Part 271

    Administrative practice and procedure, Food stamps, Grant 
programs--social programs.

7 CFR Part 278

    Administrative practice and procedure, Banks, Banking, Claims, Food 
stamps, Groceries--retail, Groceries, General line--wholesaler, 
Penalties.

    Accordingly, 7 CFR parts 271 through 285 are proposed to be amended 
as follows:

PARTS 271-285--[AMENDED]

    1. The authority citation for parts 271 through 285 is revised to 
read as follows:

    Authority: 7 U.S.C. 2011-2036.

PART 271--GENERAL INFORMATION AND DEFINITIONS

    2. In Sec. 271.2:
    a. The definitions of ``retail food store'' and ``staple food'' are 
revised to read as follows:


Sec. 271.2  Definitions.

* * * * *
    Retail food store means: (1) An establishment or house-to-house 
trade route that sells food for home preparation and consumption 
displayed in a public area, and, either offers for sale on a continuous 
basis, a variety of foods in sufficient quantities in each of the four 
categories of staple foods including perishable foods in at least two 
such categories (Criterion A) as set forth in Sec. 278.1(b)(1), or has 
more than 50 percent of its total gross retail sales in staple foods 
(Criterion B) as set forth in Sec. 278.1(b)(1). Entities that have more 
than 50 percent of their total gross sales in hot and/or cold prepared, 
ready-to-eat foods that are intended for

[[Page 35089]]

immediate consumption either for carry-out or on-premises consumption, 
and require no additional preparation, are not eligible for FSP 
participation as retail food stores under Sec. 278.1(b)(1);
    (2) An entity with indicators which may be used to establish that a 
firm is a legitimate retail food store. These include, but are not 
limited to, the following: a firm's marketing structure; appropriate 
retail business licenses; the posting of prices, and the accessibility 
of food items offered for sale; and
    (3) An entity that meets this definition of retail food store as 
determined by visual inspection, sales records, wholesale purchase 
records, counting of stockkeeping units, or other inventory or 
accounting recordkeeping methods that are customary or reasonable in 
the retail food industry.
* * * * *
    Staple food means those food items intended for home preparation 
and consumption in each of the following food categories: meat, 
poultry, or fish; bread or cereals; vegetables or fruits; and dairy 
products. Commercially processed foods and prepared mixtures with 
multiple ingredients shall only be counted in one staple food category. 
For example, foods such as cold pizza, macaroni and cheese, multi-
ingredient soup, or frozen dinners, shall only be counted as one staple 
food item and will normally be included in the staple food category of 
the main ingredient as determined by FNS. Hot foods are not eligible 
for purchase with food stamps, and therefore do not qualify as staple 
foods for the purpose of determining eligibility under 
Sec. 278.1(b)(1). Accessory food items including, but not limited to, 
coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, 
condiments, and spices shall not be considered staple foods for the 
purpose of determining eligibility of any firm. However, accessory 
foods that are offered for sale in authorized retail food stores are 
eligible food items to be purchased with food stamp benefits.
* * * * *

PART 278--PARTICIPATION OF RETAIL FOOD STORES, WHOLESALE FOOD 
CONCERNS AND INSURED FINANCIAL INSTITUTIONS

    3. In Sec. 278.1:
    a. Paragraphs (b)(1)(i) and (b)(1)(ii) are revised;
    b. Paragraph (b)(1)(iii) is redesignated as paragraph (b)(1)(v) and 
revised;
    c. Paragraph (b)(1)(iv) is redesignated as paragraph (b)(1)(vi) and 
a heading is added;
    d. New paragraphs (b)(1)(iii) and (b)(1)(iv) are added;
    e. The first sentence of paragraph (q) introductory text is revised 
and a new sentence is added after the first sentence.
    f. Paragraph (q)(3)(iii) is amended by removing the words 
``Secretary of Health and Human Services'' wherever they appear, and 
adding in their place the words ``Commissioner of the Social Security 
Administration''; and,
    g. A new paragraph (t) is added.
    The revisions and additions read as follows:


Sec. 278.1  Approval of retail food stores and wholesale food concerns.

* * * * *
    (b) Determination of authorization.* * *
    (1) The nature and extent of the food business conducted by the 
applicant. (i) Retail food store. An establishment or house-to-house 
trade route shall normally be considered to have food business of a 
nature and extent that will effectuate the purposes of the program if 
they sell food for home preparation and consumption and meet one of the 
following criteria:
    (A) offer for sale, on a continuous basis, a variety of qualifying 
foods in each of the four categories of staple foods as defined in 
Sec. 271.2 of this chapter, including perishable foods in at least two 
of the categories; or
    (B) have more than 50 percent of the total gross retail sales of 
the establishment or route in staple foods; and
    (C) eligibility determination may be based on, but not limited to, 
visual inspection, sales records, purchase records, counting of 
stockkeeping units, or other inventory or accounting recordkeeping 
methods that are customary or reasonable in the retail food industry. 
In determining eligibility such information may be requested for 
verification purposes, and failure to provide such documentation may 
result in denial or withdrawal from the FSP.
    (ii) Application of Criterion A. In order to qualify under this 
criterion, firms shall:
    (A) Offer for sale and displayed in a public area, qualifying 
staple food items on a continuous basis, evidenced by having on any 
given day, no fewer than three different varieties of food items in 
each of the four staple food categories;
    (B) Meet a minimum annual staple food wholesale purchase 
requirement of $30,000 which may be shown through business records such 
as, but not limited to, wholesale purchase receipts or sales records, 
or by visual inspections. Failure to provide verifying information when 
requested shall result in the denial or withdrawal of authorization. 
Wholesale purchases are purchases of goods by retailers for resale to 
consumers. For new firms, this minimum annual staple food wholesale 
purchase requirement may be met by business projections. This minimum 
annual staple food wholesale purchase requirement may be periodically 
adjusted after advance notification to participating firms of such a 
change;
    (C) Offer for sale perishable staple food items in at least two 
staple food categories. Perishable foods are items which are either 
frozen staple food items or fresh, unrefrigerated or refrigerated 
staple food items that will spoil or suffer significant deterioration 
in quality within 2-3 weeks;
    (D) Variety of foods is not to be interpreted as different brands, 
different nutrient values, different varieties of packaging, or 
different package sizes. Similar processed food items with varying 
ingredients such as, but not limited to, sausages, breakfast cereals, 
milk, sliced breads, and cheeses, and similar unprocessed food items, 
such as, but not limited to, different varieties of apples, cabbage, 
tomatoes, or squash, shall not be considered as more than one staple 
food variety each for the purpose of determining variety. Multiple 
ingredient food items intended for home preparation and consumption, 
such as, but not limited to, cold pizza, macaroni and cheese, soup, or 
frozen dinners, shall only be counted as one staple food variety each 
and will normally be included in the staple food category of the main 
ingredient as determined by the FNS; and
    (E) Failure to stock and offer for sale staple food items as 
required under paragraph (b)(1)(ii) of this section shall result in the 
store not meeting Criterion A.
    (iii) Application of Criterion B. In order to qualify under this 
criterion, firms must have more than 50 percent of their total gross 
retail sales in staple food sales. Total gross retail sales must 
include all retail sales of a firm, including food and non-food 
merchandise, as well as services, such as rental fees, professional 
fees, and entertainment/sports/games income. However, a fee directly 
connected to the processing of staple foods, such as raw meat, poultry 
or fish by the service provider, shall be calculated as staple food 
sales under Criterion B.
    (iv) Ineligible firms. Firms that do not meet the eligibility 
requirements in this section or that do not effectuate the purpose of 
the FSP shall not be eligible for program participation. New applicant 
firms that are found to be ineligible will be denied authorization for 
program participation and

[[Page 35090]]

authorized retail food stores found to be ineligible will be withdrawn 
from program participation. Ineligible firms under this paragraph 
(b)(1)(iv) include, but are not limited to, stores selling only 
accessory foods, including spices, candy, soft drinks, tea, or coffee; 
ice cream vendors selling solely ice cream; and specialty doughnut 
shops or bakeries not selling bread. In addition, firms that are 
considered to be restaurants, that is, firms that have more than 50 
percent of their total gross retail sales in hot and/or cold prepared 
foods not intended for home preparation and consumption, shall not 
qualify for participation as retail food stores under Criterion A or B. 
This includes firms that primarily sell prepared foods that are 
consumed on the premises or sold for carryout. This does not, however, 
change the eligibility requirements for the special restaurant programs 
that serve the elderly, disabled, and homeless populations, as set 
forth in paragraph (d) of this section.
    (v) Wholesale food concerns. Wholesale food concerns, the primary 
business of which is the sale of eligible food at wholesale, and which 
meet the staple food requirements in paragraph (b) of this section, 
shall normally be considered to have adequate food business for the 
purposes of the program, provided such concerns meet the criteria 
specified in paragraph (c) of this section.
    (vi) Co-located wholesale food concerns. * * *
* * * * *
    (q) Use and disclosure of information provided by firms. With the 
exception of EINs and SSNs, any information collected from retail food 
stores and wholesale food concern, such as ownership information and 
sales and redemption data, may be disclosed for purposes directly 
connected with the administration and enforcement of the Food Stamp Act 
and these regulations, and can be disclosed to and used by State 
agencies that administer the Special Supplemental Food Program for 
Women, Infants and Children (WIC). Such information may also be 
disclosed to and used by Federal and State law enforcement and 
investigative agencies for the purpose of administering or enforcing 
other Federal or State law, and the regulations issued under such other 
law.* * *
* * * * *
    (t) Periodic notification. The FNS will issue periodic notification 
to participating retail stores and wholesale food concerns to clarify 
program eligibility criteria, including the definitions of ``retail 
food store'', ``staple foods'', ``eligible foods'', and ``perishable 
foods''. At a minimum, such information will be provided to stores at 
the time of authorization, reauthorization and upon request.

    Dated: June 18, 1999.
Shirley R. Watkins,
Under Secretary, Food, Nutrition and Consumer Services.
[FR Doc. 99-16501 Filed 6-29-99; 8:45 am]
BILLING CODE 3410-30-U