If you own a store that sells any food, it's likely you accept SNAP benefits from at least some of your customers. If you accept SNAP benefits, then the possibility exists that you could end up with a SNAP violation, and then you'll need a SNAP violation lawyer.

What is SNAP?

SNAP is a government-funded program that provides food benefits to low-income families. It was previously known as food stamps, though the stamps have been replaced with an Electronic Benefits Transfer (EBT) card in the last twenty years or so. A certain amount of money is put on the family's EBT card for the month, and the family then uses that card to purchase their groceries. Some families may get enough to completely pay their grocery bill, while others get a smaller amount and then supplement with cash from their own income.

SNAP only covers food. It does not allow for the purchase of alcohol, tobacco, or other nonfood items like electronics, books, or clothing. There are also, in some areas, restrictions on the food that can be purchased also exists, such as no hot foods or no prepared foods, such as buying fast food.

What are SNAP violations?

There are a number of things that can be considered a SNAP violation. The rules and regulations that apply to SNAP make it very tricky. Potential violations include:

• Fraudulantly accepting benefits
• Theft of benefits
• Taking benefits in exchange for nonfood items such as tobacco, alcohol, or other goods
• Redeeming more in EBT funds than there was food purchased
• Submission of false information on the application to accept SNAP benefits
• An employee taking SNAP benefits from someone who isn't allowed to use them

While some of these violations are obvious things that require effort, some, such as an employee taking benefits from someone who isn't allowed to use them, could be an unintentional oversight or misunderstanding. This is why you need a lawyer to help you if you've been informed of a SNAP violation in your store.

Finding out about a SNAP violation

You may receive warnings, but most likely, the first notice you'll get about your violation(s) is a letter from the USDA. This letter will inform you of the violations you're accused of, and have additional documents that provide more detail about the violations.

You have 10 days to respond to this letter with a defense. You could certainly attempt to do this on your own, but hiring a lawyer allows you to turn all communications and evidence gathering to your attorney, who will be far more familiar with the laws and exactly what you should say and do to fight the accusations against you.

What happens next?

Your lawyer will draft a response letter, defending your store. The USDA will review this letter and decide if they believe the accusations or your defense. If they decide the accusations are true, they'll send another letter which informs you of their decision to suspend or disqualify your store from accepting SNAP benefits.

This letter, as the one previous, requires a response within 10 days, if you wish to appeal the decision. If you fail to respond within that 10 day window, you will be unable to appeal the decision after that. This is why it's imperative to have a lawyer assist you. The last thing you want is for the paperwork to get lost in the shuffle and your chance for appeal to pass.

If the USDA stands by their decision to suspend or disqualify your store, the next step is to file a Judicial review at the local Federal court. This will be just like a standard court trial, with discovery and filing motions.

The consequences

Congress requires that the USDA issue a disqualification for up to 5 years. This can result in severe losses for your store, losses that you may never be able to recover from. You should not try to fight this on your own. The stakes are much too high.

Facing a SNAP charge letter or disqualification? Start with our full guide: USDA SNAP Violation Lawyers for Retail Stores, or call 212-300-5196 for an attorney, 24/7.