Notice2026-10466
Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP)-Waiver Requests To Offer Incentives to SNAP Recipients at SNAP Authorized Stores
Primary source
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Published
May 27, 2026
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a renewal of an existing collection which includes the burden for SNAP authorized retailers to request a waiver from the Food and Nutrition Service (FNS) to offer SNAP recipients incentives at SNAP authorized retailer locations that encourage them to purchase healthier foods. This collection burden only affects SNAP retailers as well as private organizations or governmental entities who partner with SNAP-authorized stores. There are no data collection activities for SNAP households in this request.
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31403-31404]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10466]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Supplemental Nutrition
Assistance Program (SNAP)--Waiver Requests To Offer Incentives to SNAP
Recipients at SNAP Authorized Stores
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice invites the general public and other public agencies to comment
on this proposed information collection. This is a renewal of an
existing collection which includes the burden for SNAP authorized
retailers to request a waiver from the Food and Nutrition Service (FNS)
to offer SNAP recipients incentives at SNAP authorized retailer
locations that encourage them to purchase healthier foods. This
collection burden only affects SNAP retailers as well as private
organizations or governmental entities who partner with SNAP-authorized
stores. There are no data collection activities for SNAP households in
this request.
DATES: Written comments must be received on or before July 27, 2026.
ADDRESSES: The Food and Nutrition Service, USDA, invites interested
persons to submit written comments on this information collection.
Comments may be submitted in writing by one of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
<bullet> Mail: Comments should be addressed to Karen Patyk,
Director, Retailer Policy Division, 1320 Braddock Place, Alexandria,
Virginia 22314.
All responses to this notice will be summarized and included in the
request for Office of Management and Budget approval. All comments will
be a matter of public record.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of this information collection should be directed to Karen Patyk
at 703-305-2954.
SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall 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
that were 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
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology.
Title: SNAP Retailer Incentive Waiver Request.
Form Number: Not Applicable.
OMB Number: 0584-0695.
Expiration Date: 04/30/2027.
Type of Request: Renewal of a currently existing collection.
Abstract: SNAP equal treatment provisions at 7 CFR 278.2(b) and 7
CFR 274.7(f) require that SNAP recipients receive treatment equal to
that received by other customers at all stores authorized to
participate in SNAP with the exception that sales tax may not be
charged on eligible foods purchased with SNAP benefits. This equal
treatment provision prohibits both negative treatment (such as
discriminatory practices) as well as preferential treatment (such as
incentive programs). Pursuant to Section 4008 of the Agriculture
Improvement Act of 2018, Public Law 115-334 (2018 Farm Bill),
individual SNAP authorized retailers (or private organizations or
governmental entities that partner with authorized stores) may request
that FNS waive the SNAP equal treatment provisions in order to be
allowed to implement an incentive program the meets the requirements
under 7 U.S.C. 2018(j) to encourage SNAP recipients to purchase
healthier foods.
Many SNAP-authorized stores that offer incentives to SNAP
recipients are either farmers' markets or part of a federally funded
grant program that is authorized by statute, including the Gus
Schumacher Nutrition Incentive Program (GusNIP) administered by the
USDA's National Institute of Food and Agriculture (NIFA) and the
Healthy Fluid Milk Incentive (HFMI) project administered by the Food
and Nutrition Service.
Farmers' markets are already authorized to provide incentives to
SNAP recipients under a blanket FNS waiver of the SNAP equal treatment
provision, specifically for farmers' markets. Only incentive projects
that are
[[Page 31404]]
funded outside of a Federal grant, other than projects funded by
farmers' markets, are required to have a waiver from FNS to provide
incentives to SNAP households at authorized SNAP retailer locations.
FNS provided incentive waivers to SNAP retailers prior to passage of
the 2018 Farm Bill under FNS' regular waiver process and has been
providing the waivers under a streamlined approach since 2020. Over the
past 3 years, FNS has received an average of 15 incentive waiver
requests that generally cover multiple retailer locations, and we
expect those numbers to increase over the next 5 years. The Department
adjusted the estimates for business or other nonprofit respondents;
however the total number of respondents remained the same. With this
new streamlined process, the Department estimates that out of 267,000
authorized retailers that participate in our program, approximately 800
different retailers would be covered under 15 different incentive
waiver requests annually. In general, waivers are granted for three
years.
The process for requesting a waiver involves utilizing a form on
FNS' website that is directly fillable online and automatically sent to
the agency through the website. The information a retailer must submit
includes:
1. Requestor Information;
2. Dates of Operation;
3. Retailer location(s), including the FNS number, name, and
address of each participating retailer, and whether the project will
also operate online;
4. Foods being incentivized;
5. Description of the incentive model; and
6. The goal of the incentive program.
The Department has identified and outlined the activity and the
estimated burden hours associated with submitting a SNAP Retailer
Incentive Waiver Request.
SNAP Retailer Incentive Waiver Request
Affected Public: (a) Business or other for-profit, (b) Not-for-
profit institution, and (c) State, local or Tribal Government.
Respondent groups identified include: Up to a total of four SNAP
authorized stores, five not-for-profit institutions, and two State,
local or Tribal governments, which are neither farmers' markets not
operating an incentive program under a GusNIP grant.
Business or Other for-Profit/Not-for-Profit Institution/State, Local or
Tribal Government Annual Burden
Estimated Annual Number of Respondents: 15.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Responses: 15.
Estimated Annual Time per Response: 1 hour.
Estimated Total Annual Burden on Respondents: 15 hours.
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Estimated
Estimated average Estimated
annual Responses Total number of annual
Respondent CFR citation Activity number annually per annual hours per total
respondent respondent responses response hours
annually
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Business or other for-profit......... 7 CFR 274.7(f) and SNAP Retailer incentive 7 1 7 1 7
278.2(b). Waiver Request.
Not-for-profit institution........... 7 CFR 274.7(f) and SNAP Retailer incentive 4 1 4 1 4
278.2(b). Waiver Request.
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Sub-total of for-profit ........................ ........................ 11 1 11 1 11
businesses and not-for-profit
institutions.
State, local or Tribal Government.... 7 CFR 274.7(f) and SNAP Retailer incentive 4 1 4 1 4
278.2(b). Waiver Request.
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Grand Total Reporting Burden..... ........................ ........................ 15 1 15 1 15
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Patrick A. Penn,
Deputy Under Secretary, Food, Nutrition, and Consumer Services.
[FR Doc. 2026-10466 Filed 5-26-26; 8:45 am]
BILLING CODE 3410-30-P
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