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SNAP VIOLATION DEFENSE · ST. PETERSBURG
RETAIL STORES · EBT / SNAP

St. Petersburg SNAP Violation Attorneys.

FNS retailer cases are federal - the same charge letters, deadlines, and appeal rights apply in every state. Here is how the process works, and where counsel changes the outcome.

Todd A. Spodek
Todd A. Spodek
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If you’re a food and beverage store owner who accepts Electronic Benefits Transfer (EBT) payment, it’s critical that you stay on top of SNAP regulations and known who to call if you’re accused of violations.

SNAP, or the Supplemental Nutrition Assistance Program, is a federal program administered by the United States Department of Agriculture (USDA). SNAP users access their benefits through their EBT cards. But you can lose your store’s ability to accept EBT payments on a temporary or even a permanent basis if a violation is alleged and proven.

First, let’s take a look at some of the broad categories of violations the USDA might accuse you of.

SNAP Violations

The SNAP benefits that are accessed from the EBT card are for basic nutritional needs only. The following violations could result in at least the temporary loss of your EBT acceptance privileges.

Providing false information about your store so that you’re allowed to accept EBT payments

Accepting the card for such disallowed merchandise as tobacco, alcohol or other non-food items

Taking SNAP benefits from customers who are not allowed to use them

Submitting more EBT payments for government payment than food that is actually sold over that period of time at your location

Trafficking in SNAP benefits or otherwise fraudulently conducting business through SNAP payments

It can be easier than you might think to accidentally break one or more of these federal rules. Even if you know your rights and limitations -- and be sure to learn them if you don’t -- it could be a new employee making an honest mistake. Or a dishonest employee trying to make money behind your back.

Whatever the reason for a violation, never ignore or disregard a letter you receive from the USDA. For many stores, EBT payments constitute such a major portion of store sales that such a penalty could literally put you out of business.

If You Get a Letter

You’ll always be initially contacted by the USDA through a letter of accusation. The letter will lay out the alleged violations in some detail, and you’ll be told that you have ten days to respond. This is when you should immediately contact a lawyer who specializes in SNAP violations.

The first step your lawyer will take is to careful examine the letter and get further clarification from you. Your lawyer will hear your side and write a return letter that defends your position and mail it to the USDA within the required ten-day period.

The Second Letter

It’s hopeful that your lawyer’s response will satisfy all complaints from the government, but that’s often not the case. You might, therefore, get a second letter from the USDA advising that a legal decision has been rendered against you. Once again, you’ll have ten days to respond.

From this point, your lawyer will file legal papers to appeal the decision and you’ll quite likely proceed to trial.

Protect Your Rights

Your first step -- long before a violation is ever alleged -- should be to draft a compliance policy for your store. This is a written document that clearly states the rules for EBT acceptance and is posted within easy access of all of your employees. Make sure they read and understand this document. If they do, it should minimize the risk of SNAP violations made by accident.

But even then, mistakes or misinterpretations of the law can be made. Or the USDA might be in error in making accusations. Whatever the circumstances, make sure you contact a SNAP violations attorney as soon as you receive that initial letter. You only have the one chance to successfully defend your practices before the USDA pulls your EBT acceptance privileges and perhaps additionally issues a hefty fine.

Remember, the USDA considers you to be guilty unless you respond. If your EBT payments are your lifeline to profitability, please take any SNAP violation accusations seriously.

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.

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Spodek Law Group has defended people and businesses against the federal government since 1976. SNAP retailer matters are handled the way the firm handles every federal case: the evidence gets read before anything is filed, deadlines get calendared on day one, and clients deal with counsel - not a call center.

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