Judicial Appeals for SNAP Charges Against Grocers

If it so happens that you find yourself needing to defend your business against accusations of SNAP law breaches, this means your are now, by default, in jeopardy of seeing your privileges to take EBT card payments from your customers permanently suspended. Such an event can spell disaster for your grocery store. Thank goodness for due process! Take advantage of your legal right to get a judge to take another look at the government’s decision to revoke your SNAP retailer license. 7 U.S. Code § 2023 (a)(13) furnishes business owners with a right to a judicial review of an administrative action brought on by an SNAP violation charge.

At What Point Can I Have a Judicial Review?

In the wake of an administrative review, you will be able to apply for a Judicial Review. You as the business owner reserve the right and responsibility to conclude whether to file the judicial action. Should you choose to do so, you have just thirty short days to get the court action filed once the administrative reviewer delivers their verdict. If, by happenstance, you cannot get this court action filed in the allotted time frame, then you automatically lose your right to bring a case.

How Does One File for a Judicial Review?

Step one is to submit your case file to the relevant U.S. District Court. Citizens who opt to come against an administrative decision have to file their own review case in the court, naming the USA as the opposing party. The attorneys representing for the defendant (United States) need to receive service in accordance with the Federal Rules of Civil Procedure for the U.S. District Courts.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You own a small grocery store and just received a letter from the USDA Food and Nutrition Service stating that your SNAP authorization is being permanently disqualified due to alleged trafficking violations — customers reportedly exchanged EBT benefits for cash at your register. You depend on SNAP-eligible customers for nearly 40% of your revenue, and losing authorization would force you to close.

Can I fight this SNAP disqualification, and what are my options for getting a judge to review the USDA's decision?

Attorney's Answer

Under Section 14 of the Food and Nutrition Act (7 U.S.C. § 2023), you have the right to file a judicial appeal in federal district court within 30 days of receiving the USDA's final administrative decision. The court will conduct a trial de novo, meaning a judge will review the evidence independently rather than simply deferring to the agency's findings — this is a significant advantage compared to most administrative appeals. An experienced attorney can challenge the statistical analyses the USDA's Office of Inspector General uses to flag alleged trafficking patterns, which are often based on transaction anomalies that have perfectly legitimate explanations. Acting quickly is critical because missing the 30-day filing window waives your right to judicial review entirely, and we can also request a civil money penalty in lieu of permanent disqualification under 7 C.F.R. § 278.6 if your store has no prior violations.

This is general information only. Contact us for advice specific to your situation.

What To Expect from the Judicial Review Procedure?