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USDA seeks input on releasing SNAP retailer data

The Agriculture Department announced today it is seeking public input concerning a proposal to provide more information about the amount of Supplemental Nutrition Assistance Program (SNAP) benefits used at particular grocery stores and retailers, and published that request today in the Federal Register.

“Our goal is to provide more transparency so that people can have access to basic information about the amount of SNAP benefits that individual grocery stores and retailers are redeeming,” said Agriculture Undersecretary Kevin Concannon. “We hope that this public comment period will be informative as to how we can do that in the most thoughtful and appropriate way possible.”

Concannon noted that since 1978, USDA has interpreted federal law as protecting SNAP retailer redemption information. But he said that a South Dakota newspaper successfully challenged that view, and the U.S. Court of Appeals for the Eighth Circuit ultimately agreed, ruling in favor of the newspaper.

The ruling was limited to the interpretation of a provision in the Food and Nutrition Act, and did not address whether redemption data constitutes “trade secrets, [or] commercial or financial information obtained from a person [that is] privileged or confidential” which would still be protected from disclosure under the Freedom of Information Act (FOIA).

“USDA is now considering whether this redemption data constitutes confidential business information under FOIA,” Concannon continued. “To make a determination, USDA is required to seek feedback from affected stakeholders, specifically SNAP retailers, on whether annual aggregate redemption data from individual stores is confidential under FOIA.”

“Additionally, the USDA is considering what, if any, adjustments should be made to SNAP regulations regarding the release of SNAP retailer transaction data in the future based on input from the public,” he said.

Comments may be submitted through the Federal Register until September 8.

Federal Register — Request for Information: Supplemental Nutrition Assistance Program (SNAP); Retailer Transaction Data