24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

How to Avoid SNAP Violations When Selling Alcohol

March 30, 2024 Uncategorized

How to Avoid SNAP Violations When Selling Alcohol

If you’re a retailer who sells alcohol and accepts SNAP benefits (formerly known as food stamps), it’s crucial to understand the rules and regulations to avoid costly violations. Violating SNAP rules can result in fines, disqualification from the program, and even criminal charges in severe cases. In this article, we’ll break down the key things you need to know to stay compliant and keep your business running smoothly.

What Are the SNAP Rules for Selling Alcohol?

The basic rule is simple: you cannot accept SNAP benefits as payment for alcohol under any circumstances. This includes beer, wine, and liquor. SNAP benefits are intended to help low-income individuals and families purchase food, not alcohol or other restricted items like tobacco, pet food, or household supplies.It’s important to note that this rule applies even if the alcohol is being sold as part of a larger purchase that includes eligible food items. For example, if a customer is buying groceries and a six-pack of beer, you cannot allow them to use their SNAP EBT card to pay for any portion of the transaction.

Common Mistakes to Avoid

One of the most common mistakes retailers make is accidentally ringing up alcohol as part of a SNAP transaction. This can happen if the cashier isn’t paying close attention or if the store’s point-of-sale system isn’t set up properly to separate eligible and ineligible items.To prevent this, make sure your cashiers are well-trained on SNAP rules and that your checkout system can properly identify and separate alcohol purchases. Many modern POS systems have built-in features to help with this.Another potential pitfall is advertising that could be interpreted as encouraging SNAP recipients to purchase alcohol. For example, putting up signs that say “We Accept EBT” next to the beer cooler could be problematic. Keep your signage and marketing focused on eligible food items only.

Penalties for SNAP Violations

The consequences for violating SNAP rules can be severe. According to the USDA, which administers the program, penalties may include:

  • Disqualification from SNAP
  • Fines up to $100,000 per violation
  • Criminal charges for intentional fraud

Retailers who are disqualified from SNAP also face the loss of a significant revenue stream, as SNAP recipients comprise a large portion of the customer base for many stores, especially in low-income areas. A disqualification can easily put a small retailer out of business.

How to Stay Compliant

So what can you do to avoid SNAP violations and protect your business? Here are some best practices to follow:

  • Train all employees thoroughly on SNAP rules and regulations
  • Implement a POS system that separates eligible and ineligible purchases
  • Post signage explaining SNAP rules clearly for customers
  • Keep alcohol displays separate from food items
  • Establish a process for handling mixed transactions (e.g. putting alcohol items in a separate bag)
  • Regularly audit your transactions to catch any errors or issues

It’s also a good idea to stay up-to-date on any changes to SNAP regulations. The program’s rules can be updated from time to time, so make sure you’re subscribed to USDA retailer newsletters and following any relevant industry publications.If you do make a mistake, the best thing to do is catch it quickly, document it thoroughly, and report it to the USDA yourself. Being proactive and transparent can help demonstrate that you’re acting in good faith and potentially mitigate any penalties.

Real-World Examples

To illustrate how these issues play out in practice, let’s look at a couple real-world examples of retailers who got in trouble for SNAP violations related to alcohol sales.In 2019, a convenience store owner in Waterbury, Connecticut was sentenced to prison for illegally allowing customers to use SNAP benefits to buy ineligible items including alcohol, cigarettes and bongs. The owner was ordered to pay $1.5 million in restitution and was permanently disqualified from participating in SNAP.In another case, a grocery store in Baltimore was fined over $500,000 for SNAP violations that included accepting benefits for alcohol purchases. Investigators found that the store had failed to properly train employees and had a history of previous violations.These cases demonstrate how seriously the government takes SNAP fraud and how costly it can be for retailers who break the rules, even unintentionally. It’s not worth risking your business and livelihood by being lax about compliance.

Additional Resources

If you want to learn more about SNAP rules and best practices for retailers, there are plenty of helpful resources available:

  • The USDA’s official SNAP retailer website has a wealth of information, including training materials and policy guides.
  • The Association of SNAP Nutrition Education Administrators (ASNNA) offers webinars and other resources for retailers.
  • Many state agencies also provide SNAP retailer education and assistance. Check with your state’s Department of Human Services or equivalent agency.
  • Industry publications like Convenience Store News and Progressive Grocer often cover SNAP-related topics and share compliance tips.

By staying informed and being proactive about compliance, you can protect your business while continuing to serve your community and provide access to nutritious food for those in need. SNAP can be a win-win for retailers and consumers alike when everyone plays by the rules.

Key Takeaways

To sum it up, here are the most important things to remember about avoiding SNAP violations when selling alcohol:

  1. Never allow SNAP benefits to be used to purchase alcohol under any circumstances. No exceptions!
  2. Make sure your employees are well-trained on the rules and your POS system can properly separate eligible and ineligible items.
  3. Keep your store signage and marketing focused on eligible food items only. Avoid any impression of encouraging alcohol purchases with SNAP.
  4. If you do make an error, catch it quickly, document it, and self-report to the USDA. Honesty and transparency can help mitigate penalties.
  5. Stay up-to-date on SNAP regulations and best practices by using the many educational resources available from government agencies and industry groups.

Following these guidelines will help keep your business compliant and ensure that SNAP benefits are used as intended to alleviate hunger and improve nutrition for millions of Americans. As a retailer, you play a vital role in making this program work for everyone.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now