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New Rule: Stores Accepting Food Stamps Have To Sell A Lot More Healthy Food

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Stores that accept food stamps can continue selling frozen pizza, but also need to stock a lot more healthy items under new rules published Thursday from the Department of Agriculture (USDA).

USDA’s final Enhancing Retailer Standards rule, intended to improve healthy eating among low-income Americans, softened, and in some cases removed many controversial requirements that were initially proposed and attracted criticism from lawmakers. (RELATED: Senate Worried ‘Nutritions Food’ Push Would Actually Hurt People On Food Stamps)

Lawmakers were concerned the rules would be too difficult for many small, local shops, and block them from needed revenue through Supplemental Nutrition Assistance Program (SNAP), also called food stamps. Around 45 million Americans currently receive food stamps, and the program doles out around $73 billion each year, according to Department of Agriculture data(RELATED: Republicans Hint At Food Stamp Reform But Stop Short Of Calling For Overhaul)

The final rule changes requirements for what stores have to sell, but does not change what food can be purchased with food stamps. Stores will have to stock 84 separate food varieties from several “staple” categories, like vegetables or fruits, dairy products, meat, poultry, or fish, breads or grains when the rule takes effect next year.

The proposed rule would have required stores to stock 168 different varieties, including many fresh foods, something that rural stores would have difficulty complying with, Republican lawmakers argued.

The final rule also allows remote stores to apply for a waiver to some of the requirements if the store is one of the only food sellers in a remote or isolated area. Limitations on how much revenue from hot, prepared foods stores could sell was changed from 15 percent to 50 percent in the final rule.

“This final rule balances the need to improve the healthy staple foods available for purchase at participating stores, while maintaining food access for SNAP recipients in underserved rural and urban areas,” Tom Vilsack, agriculture secretary, said in a statement.

Lawmakers were pleased that USDA softened the final rules, and praised USDA for listening to their concerns.

“After a thorough review of the nearly 100-page finalized SNAP rule, I’m pleased that USDA listened to my concerns, echoed by nearly half the United States Senate,” Kansas Sen. Pat Roberts said. “However, businesses that serve Kansas and rural America need more clarity than is found in this finalized rule. Though many of the onerous requirements for retailers were addressed in the rule, USDA continues to display a lack of understanding of the complexity of the requirements and a disregard for the difficulty local businesses will face implementing this rule.”

Agriculture leaders in the House of Representatives agreed the final rule addressed most concerns.

“Based on a cursory review of the rule, it appears that USDA responded to concerns with the initial proposed ruling. I look forward to reviewing the details and continuing to engage on this important issue,” Texas Rep. Mike Conaway, Republican chairman of the House Committee on Agriculture, said.

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