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 ( printed 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.