AG/FDA Blog

SNAP Retailers Beware: FNS Wants to Take Away Your SNAP Authorization

Virtually all grocery stores, convenience stores, and supermarkets sell hot foods.  Nearly all sell cold prepared foods as well.  Most of the more than 260,000 retail food stores authorized by USDA’s Food and Nutrition Service (“FNS”) to acce… Read More
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Egg Carton Labeling Petitions Fail to Hatch

Egg cartons in the United States are not required by federal regulations to bear labels which identify the living conditions of the hens.  Two animal rights non-profit organizations and six individuals sought to change that by filing petitions with… Read More
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SNAP Wars: Scott Walker, Tom Vilsack and Drug Testing of SNAP Beneficiaries

For more than 20 years, Federal law has expressly provided that states may test welfare recipients for use of controlled substances free from interference of federal agencies. 21 U.S.C. §862(b).  Relying upon this Congressional enactment, Wisconsin… Read More
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FNS Agrees To (Finally) Start Publishing SNAP Retailer Final Agency Decisions

In a major victory for supermarkets, convenience stores, and other Supplemental Nutrition Assistance Program (SNAP) retailers, the U.S. Food and Nutrition Service (FNS) has finally agreed to start publishing its administrative Final Agency Decisions… Read More
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FNS Issues Final Rule Enhancing SNAP Retailer Standards

FNS Issues Final Rule Enhancing SNAP Retailer Standards On December 8, 2016, the U.S. Food and Nutrition Service (FNS) issued its Final Rule entitled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Problem (SNAP).” The Fina… Read More
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Oh, SNAP! Connecticut Judge Affirms Permanent Disqualification of New Haven Grocery

The U.S. Food and Nutrition Service (“FNS”) administers the Supplemental Nutrition Assistance Program (“SNAP”).  Formerly known as “food stamps,” this important federal nutrition benefit program serves over 45 million Americans by increa… Read More
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Splitting Headaches for Slack-Fill Plaintiffs

“Take two Advil® and don’t call me in the morning.” That might be the “prescription” that lawyers at a New York plaintiffs’ firm gave to their clients after reviewing an October 18, 2016, decision by Senior District Court Judge Sterling… Read More
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D.C. Circuit Orders OSHA to Follow Notice and Comment Requirements When Imposing New Standards on Agricultural Retailers

A fundamental principle of administrative law is that federal agencies must provide the public with reasonable notice and the opportunity to comment on proposed administrative issuances that impose substantive obligations that did not previously exis… Read More
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The Peat Goes On: Supreme Court Holds Wetlands Jurisdictional Determinations Are Appealable

Peat miners, golfers, and landowners with real property containing or adjacent to Waters of the United States will benefit greatly from the Supreme Court’s May 31st decision in U.S. Army Corps of Engineers v. Hawkes Co., Inc.  Hawkes resolved whet… Read More
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SNAP, Crackle, Pot! Kentucky Federal Court Holds FNS Cannot Deny a Retailer’s Food Stamp Authorization for Misdemeanor Marijuana Conviction

USDA’s Food & Nutrition Service (FNS) is authorized to administer the Supplemental Nutrition Assistance Program (“SNAP”).  This $80 billion program, formerly known as the food stamp program, provides monthly supplemental nutrition benefits… Read More
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