81 FR 19500 - Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) Clarification of Proposed Rule and Extension of Comment Period
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service Federal Register Volume 81, Issue 65 (April 5, 2016)
Food and Nutrition Service
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19500-19502 | |
| FR Document | 2016-07793 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Proposed Rules] [Pages 19500-19502] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07793] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules [[Page 19500]] DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 271 and 278 RIN 0584-AE27 Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) Clarification of Proposed Rule and Extension of Comment Period AGENCY: Food and Nutrition Service (FNS), U.S. Department of Agriculture (USDA). ACTION: Clarification of proposed rule; extension of comment period. ----------------------------------------------------------------------- SUMMARY: This action extends the comment period and responds to questions posed by commenters about certain aspects of a proposed rule pertaining to the eligibility of Supplemental Nutrition Assistance Program (SNAP) retail food stores that was published in the Federal Register on February 17, 2016. The Agricultural Act of 2014 (2014 Farm Bill) amended the Food and Nutrition Act of 2008 (the Act) to increase the requirement that certain SNAP authorized retail food stores have available on a continual basis at least three varieties of items in each of four staple food categories, to a mandatory minimum of seven varieties. The 2014 Farm Bill also amended the Act to increase, for certain SNAP authorized retail food stores, the minimum number of categories in which perishable foods are required from two to three. The proposed rule would codify these mandatory requirements. DATES: The comment period for the proposed rule that was published on February 17, 2016 (81 FR 8015) has been extended from April 18, 2016 to May 18, 2016. To be assured of consideration, comments must be postmarked on or before May 18, 2016. ADDRESSES: The Food and Nutrition Service (FNS), USDA, invites interested persons to submit comments. In order to ensure proper receipt, comments may only be submitted through one of the following methods:Preferred method: Federal e-Rulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments on docket FNS-2016-0018. Mail: Written comments should be addressed to Vicky Robinson, Chief, Retailer Management and Issuance Branch, Retailer Policy and Management Division, Room 418, 3101 Park Center Drive, Alexandria, Virginia 22302. All comments submitted in response to this notice will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the comments publicly available on the Internet via: http://www.regulations.gov. All submissions will be available for public inspection at the address above during regular business hours (8:30 a.m. to 5:30 p.m.), Monday through Friday. FOR FURTHER INFORMATION CONTACT: Address any questions regarding this notice to Vicky Robinson, Chief, Retailer Management and Issuance Branch, Retailer Policy and Management Division at the Food and Nutrition Service (FNS), USDA, 3101 Park Center Drive, Alexandria, Virginia 22302. Ms. Robinson can also be reached by telephone at (703)-305-2476 or by email at [email protected] during regular business hours (8:30 a.m. to 5:30 p.m.) Monday through Friday. SUPPLEMENTARY INFORMATION: I. Background The Agricultural Act of 2014 (2014 Farm Bill) amended the Food and Nutrition Act of 2008 (the Act) to increase the requirement that certain SNAP authorized retail food stores have available on a continual basis at least three varieties of items in each of four staple food categories, to a mandatory minimum of seven varieties. The 2014 Farm Bill also amended the Act to increase, for certain SNAP authorized retail food stores, the minimum number of categories in which perishable foods are required from two to three. The proposed rule would codify these mandatory requirements. Further, using existing authority in the Act and feedback from a Request for Information that was published in the Federal Register on August 20, 2013, and that included five listening sessions in urban and rural locations across the nation and generated 233 public comments, FNS proposed several additional changes. Among other items, these proposed changes would address depth of stock, amend the definition of staple foods, and amend the definition of ``retail food store'' to clarify when a retailer is a restaurant rather than a retail food store. Additionally, this action extends the comment period for the proposed rule. Since publication of the proposed rule, several entities have requested an extension of the comment period in order to allow ample time for all stakeholders to comment on the rulemaking process. The comment period, therefore, is being extended 30 days in order to provide additional time for interested parties to review and comment on this proposed rule. To be assured of consideration, comments on this proposed rule must be received by FNS on or before May 18, 2016. II. Clarification and Request For Comment Commenters have posed similar questions to FNS concerning provisions of the proposed rule, in some instances indicating possible misunderstandings of the proposal. FNS appreciates these comments and for this reason, as well as to help ensure that comments submitted are of most value to the Agency, FNS is providing the following additional clarifications and requests for comment regarding certain provisions proposed in this rule. FNS encourages commenters to review and comment on all of the issues raised in the proposed rulemaking, as well as on issues examined in the supporting Regulatory Impact Analysis and Interim Regulatory Flexibility Analysis prepared for the proposed rule and published as part of the docket in Supporting Documents on Regulations.gov. 1. Under the proposed rule, what would be the varieties of items retailers would need to stock? As required by Section 3(o)(1)(A) of the Food and Nutrition Act of 2008 (the Act), as amended by the Agricultural Act of 2014 (2014 Farm Bill), retailers [[Page 19501]] would be required to stock at least 7 varieties in each of the 4 staple food categories. Section 3(q) of the Act defines the 4 staple food categories as dairy products; breads and cereals; meats, poultry, and fish; and fruits and vegetables. FNS does not have discretion to alter the statutory 7 variety requirement. However, FNS appreciates the questions it has received from commenters inquiring about the items that constitute variety under the proposed rule in the four staple food categories and encourages additional comments from the public on this point. FNS is particularly interested in comments from the public as to whether and how variety should take into account the differences between products within staple food categories (generally and individually), and what factors should be considered when making such distinctions. For example, for purposes of variety in the meat, poultry, and fish category, FNS would appreciate public comments on whether to consider food items that come from the same type of animal or species as separate varieties in this food category (e.g., raw chicken breast versus refrigerated grilled chicken breast; roast beef versus ground beef; sliced turkey versus turkey bacon; fresh bluefin tuna steaks versus canned albacore tuna). FNS would also appreciate public comments regarding the basis by which one could consider food items that come from the same type of animal or species as separate varieties, in this or other staple food categories. Finally, FNS would like to clarify its intent in the proposed rule for the meat, poultry, and fish staple food category to include other varieties, such as eggs and meat alternatives (e.g., tofu, gluten, or mycoprotein). Examples of how a retailer might stock 7 varieties in each of the 4 staple food categories follow further below. 2. Under the proposed rule, how many perishable items would retailers need to stock? Section 3(o)(1)(A) of the Act, as amended by the 2014 Farm Bill, requires that retailers would be required to stock ``perishable foods in at least 3 of the [staple food] categories.'' Therefore, FNS has proposed to codify in regulation the statutory requirement that retailers stock at least one perishable variety in 3 of the 4 staple food categories. The proposed rule does not propose to change the meaning of ``perishable'' in the current regulations. Currently, under 7 CFR 278.1(b)(1)(ii)(B), perishable foods include items that are either frozen or refrigerated staple food items and as well as fresh, unrefrigerated staple food items that will spoil or suffer significant deterioration in quality within 2 to 3 weeks (e.g., bread). An example of how a retailer might meet the perishables requirement with one perishable variety in 3 of the 4 staple food categories follows further below. 3. Under the proposed rule, what would qualify as multiple ingredient foods? Currently, 7 CFR 271.2 provides that ``commercially processed foods and prepared mixtures with multiple ingredients shall only be counted in one staple food category'' for the purposes of determining eligibility of any firm. Under the proposed rule, commercially processed foods and prepared mixtures with multiple ingredients that do not represent a single staple food category (e.g., cold pizza, macaroni and cheese, sandwiches, TV dinners, mixed soup varieties, and pot pies), would not be counted (toward variety, perishables, or depth of stock) as staple foods for purposes of determining a firm's eligibility to participate in SNAP as a retail food store. Under the proposed rule, multiple ingredient foods would not include such items as yogurt, cheeses, and cereals, as the primary staple food ingredient is clearly represented and easily recognized. FNS appreciates the questions it has received from commenters on multiple ingredient foods under the proposed rule and encourages additional comments from the public on this provision of the proposed rule. FNS is particularly interested in comments from the public as to whether certain types of foods with multiple ingredients should continue to be counted as staple foods, including toward variety, perishables, or depth of stock requirements. For example, for the purposes of staple food categorization, FNS would appreciate public comments on whether and how to categorize certain foods with multiple staple food ingredients, such as prepared salads, pizzas, pot pies, macaroni and cheese, stuffed pastas, and others, as offered by commenters, for purposes of making a retailer eligibility determination for SNAP authorization. Examples of additional multiple ingredient foods that would and would not count as staple foods under the proposed rule follow. Multiple ingredient foods are currently eligible for purchase with SNAP benefits, and this proposed rule would not change the eligibility of these foods for purchase with SNAP benefits in authorized stores. 4. Under the proposed rule, how many total items would retailers be required to stock? Currently SNAP regulations require that SNAP authorized stores have available on a continuous basis at least 3 varieties of items in each of the 4 staple food categories with perishable varieties in at least 2 of the 4 staple food categories. Under current SNAP regulations, retailers may be SNAP authorized with a minimum stock of at least 12 food items, including at least 2 perishable items. As noted in the proposed rule, these requirements have been changed by the Food and Nutrition Act of 2008 (the Act), as amended by the Agricultural Act of 2014 (2014 Farm Bill). Section 3(o)(1)(A) of the Act now requires that retailers stock at least 7 varieties in each of the 4 staple food categories and perishable foods in at least 3 of the 4 staple food categories. That means that retailers are required to stock 28 items on a continuous basis. At least 3 of these items must be perishable. Under the proposed rule, which would require a depth of stock defined as 6 stocking units, SNAP-authorized retailers would be required to stock a new minimum inventory requirement of 168 staple food items. Based on the statutory requirement that at least 1 perishable variety be stocked in 3 of the 4 staple food categories, and with depth of stock discretionarily defined as 6 stock keeping units, this proposed rule would require that a store stock at least 18 perishable staple food items (within the 168 staple food item total). According to Department analysis, contained in the Interim Regulatory Flexibility Analysis prepared for the proposed rule and published as part of the docket in Supporting Documents on Regulations.gov, the average small store would need to add an additional 54 additional staple food items, at a cost of around $140, in order to meet the proposed eligibility criteria. As set forth in the Interim Regulatory Flexibility Analysis for the proposed rulemaking, FNS estimates that purchasing all 168 staple food items would cost a store approximately $400, including a one-time inventory carrying cost of 25% to account for storage costs and potential spoilage. FNS believes that adding new inventory would be a one-time cost, a cost that would be recouped as inventory is sold. See the full Regulatory Impact Analysis and Interim Regulatory [[Page 19502]] Flexibility Analysis for further details. https://www.regulations.gov/#!documentDetail;D=FNS-2016-0018-0006. More generally, FNS appreciates the questions it has received from commenters on the number of total food items that retailers would be required to stock under the proposed rule and encourages additional comments from the public on this provision of the proposed rule, including comments on the impacts (such as benefits, costs, or small business impacts) associated with proposals that would alter the total food items that retailers would be required to stock. FNS also appreciates the questions from commenters it has received regarding how the proposed requirements would affect different types of retail food stores and encourages additional comments from the public on potential retail food store impacts. EXAMPLES of Acceptable Variety, Perishables, and Depth of Stock Under the Proposed Rule Meat, Poultry, and Fish--the proposed rule would require stocking at least 7 varieties in this staple food category; below are ten examples of what FNS would consider different varieties. This is an illustrative list and not an exhaustive list of items that FNS proposes to be acceptable varieties in this staple food category. Perishable: 1. Sliced turkey breast--6 packages 2. Shrimp--6 packages 3. Sliced ham--6 packages 4. Fresh or frozen ground beef- 6 packages 5. Fresh or frozen catfish--6 packages 6. Eggs--6 cartons (any size) 7. Frozen lamb chops--6 packages 8. Tofu (meat substitute)--6 packages Non-perishable: 9. Canned tuna--6 cans 10. Canned chicken--6 cans Fruits, Vegetables--the proposed rule would require stocking at least 7 varieties in this category; below are ten examples of what FNS would consider different varieties. This is not an exhaustive list of acceptable varieties in this staple food category. Under the proposed rule, the first 7 varieties listed below would be considered perishable varieties in this staple food group, provided that they will spoil or suffer significant deterioration in quality within 2 to 3 weeks. Perishable: 1. Fresh bananas--6 bananas 2. Fresh oranges--6 oranges 3. Fresh pears--6 pears 4. Frozen raspberries--6 packages 5. Frozen spinach--6 packages 6. Fresh baby carrots--6 packages 7. Fresh celery sticks--6 packages Non-Perishable: 8. Apple sauce--6 jars 9. Canned corn--6 cans 10. Canned peas--6 cans Dairy--the proposed rule would require stocking at least 7 varieties in this category; below are ten examples of what FNS would consider different varieties This is not an exhaustive list of acceptable varieties in this staple food category. Under the proposed rule, the first 8 varieties listed below would likely be considered perishable varieties in this staple food group, provided that they will spoil or suffer significant deterioration in quality within 2 to 3 weeks. Perishable: 1. Fresh cow's milk--6 containers 2. Fresh goat's milk--6 containers 3. Fresh yogurt--6 containers 4. Fresh sour cream--6 packages 5. Fresh cheddar cheese (hard)--6 packages 6. Fresh cream cheese (soft)--6 packages 7. Frozen butter--6 packages 8. Margarine--6 containers Non-Perishable: 9. Infant Formula--6 containers 10. Almond Milk--6 containers Breads or Cereals--the proposed rule would require stocking at least 7 varieties in this category; below are ten examples of what FNS would consider different varieties. This is not an exhaustive list of acceptable varieties in this staple food category. Under the proposed rule, the first 5 varieties listed below would likely be considered perishable varieties in this staple food group, provided that they will spoil or suffer significant deterioration in quality within 2 to 3 weeks. Perishable: 1. Bread--any combination (wheat, white, rye)--6 packages 2. Tortillas (flour, corn)--6 packages 3. Bagels (white, wheat, other)--6 items 4. Pitas--6 packages 5. Frozen dinner rolls--6 packages Non-Perishable: 6. Rice--any combination (long-grain, brown)--6 packages 7. Pasta--any combination (spaghetti, lasagna noodles, rice noodles)--6 packages 8. Cereal- any combination (wheat, rice, chex, granola, etc)--6 packages 9. Flour (white, wholegrain, any combination)--6 packages 10. Infant Cereal--6 packages EXAMPLES of Multiple Ingredient Foods That Would be Excluded for Purposes of Retailer Eligibility Decisions Under the Proposed Rule [cir] Pizzas (contains dough, cheese, and tomato) [cir] Multiple ingredient soups, e.g. minestrone (contains vegetables and pasta) [cir] Multiple ingredient canned foods, e.g. ravioli (contains vegetables, cheese, and pasta) [cir] Chicken pot pies (contains dough, vegetables, and chicken) [cir] Frozen TV dinners, e.g. chicken dinner (contains chicken, potatoes, and vegetables) [cir] Sandwiches (contains meat, cheese, bread, and vegetables) [cir] Lunch-snack trays (contains meat, cheese, and crackers) EXAMPLES of Multiple Ingredient Foods That Would Continue to Count as Staple Foods (i.e., the Primary Staple Food Category Ingredient is Clearly Represented and Easily Recognized) [cir] Mixed vegetables (frozen or canned; contains a variety of vegetables) [cir] Boxed breakfast cereals (intended to served heated or cold; contains a variety of grains) III. Comment Period Extension Since publication of the proposed rule, several entities, including SNAP retail trade groups, have requested an extension of the comment period in order to allow ample time for all stakeholders to comment on the rulemaking process. The comment period, therefore, is being extended 30 days in order to provide additional time for interested parties to review the proposed rule. To be assured of consideration, comments on the proposed rule must be received by FNS on or before May 18, 2016. Dated: March 31, 2016. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2016-07793 Filed 4-4-16; 8:45 am] BILLING CODE 3410-30-P
![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules 19501
would be required to stock at least 7 either frozen or refrigerated staple food foods for purchase with SNAP benefits
varieties in each of the 4 staple food items and as well as fresh, in authorized stores.
categories. Section 3(q) of the Act unrefrigerated staple food items that
4. Under the proposed rule, how many
defines the 4 staple food categories as will spoil or suffer significant
total items would retailers be required to
dairy products; breads and cereals; deterioration in quality within 2 to 3
stock?
meats, poultry, and fish; and fruits and weeks (e.g., bread).
vegetables. FNS does not have An example of how a retailer might Currently SNAP regulations require
discretion to alter the statutory 7 variety meet the perishables requirement with that SNAP authorized stores have
requirement. one perishable variety in 3 of the 4 available on a continuous basis at least
However, FNS appreciates the staple food categories follows further 3 varieties of items in each of the 4
questions it has received from below. staple food categories with perishable
commenters inquiring about the items varieties in at least 2 of the 4 staple food
3. Under the proposed rule, what would categories. Under current SNAP
that constitute variety under the
qualify as multiple ingredient foods? regulations, retailers may be SNAP
proposed rule in the four staple food
categories and encourages additional Currently, 7 CFR 271.2 provides that authorized with a minimum stock of at
comments from the public on this point. ‘‘commercially processed foods and least 12 food items, including at least 2
FNS is particularly interested in prepared mixtures with multiple perishable items. As noted in the
comments from the public as to whether ingredients shall only be counted in one proposed rule, these requirements have
and how variety should take into staple food category’’ for the purposes of been changed by the Food and Nutrition
account the differences between determining eligibility of any firm. Act of 2008 (the Act), as amended by the
products within staple food categories Under the proposed rule, Agricultural Act of 2014 (2014 Farm
(generally and individually), and what commercially processed foods and Bill).
factors should be considered when prepared mixtures with multiple Section 3(o)(1)(A) of the Act now
making such distinctions. ingredients that do not represent a requires that retailers stock at least 7
For example, for purposes of variety single staple food category (e.g., cold varieties in each of the 4 staple food
in the meat, poultry, and fish category, pizza, macaroni and cheese, categories and perishable foods in at
FNS would appreciate public comments sandwiches, TV dinners, mixed soup least 3 of the 4 staple food categories.
on whether to consider food items that varieties, and pot pies), would not be That means that retailers are required to
come from the same type of animal or counted (toward variety, perishables, or stock 28 items on a continuous basis. At
species as separate varieties in this food depth of stock) as staple foods for least 3 of these items must be
category (e.g., raw chicken breast versus purposes of determining a firm’s perishable.
refrigerated grilled chicken breast; roast eligibility to participate in SNAP as a Under the proposed rule, which
beef versus ground beef; sliced turkey retail food store. Under the proposed would require a depth of stock defined
versus turkey bacon; fresh bluefin tuna rule, multiple ingredient foods would as 6 stocking units, SNAP-authorized
steaks versus canned albacore tuna). not include such items as yogurt, retailers would be required to stock a
FNS would also appreciate public cheeses, and cereals, as the primary new minimum inventory requirement of
comments regarding the basis by which staple food ingredient is clearly 168 staple food items.
one could consider food items that come represented and easily recognized. Based on the statutory requirement
from the same type of animal or species FNS appreciates the questions it has that at least 1 perishable variety be
as separate varieties, in this or other received from commenters on multiple stocked in 3 of the 4 staple food
staple food categories. Finally, FNS ingredient foods under the proposed categories, and with depth of stock
would like to clarify its intent in the rule and encourages additional discretionarily defined as 6 stock
proposed rule for the meat, poultry, and comments from the public on this keeping units, this proposed rule would
fish staple food category to include provision of the proposed rule. FNS is require that a store stock at least 18
other varieties, such as eggs and meat particularly interested in comments perishable staple food items (within the
alternatives (e.g., tofu, gluten, or from the public as to whether certain 168 staple food item total).
mycoprotein). types of foods with multiple ingredients According to Department analysis,
Examples of how a retailer might should continue to be counted as staple contained in the Interim Regulatory
stock 7 varieties in each of the 4 staple foods, including toward variety, Flexibility Analysis prepared for the
food categories follow further below. perishables, or depth of stock proposed rule and published as part of
requirements. For example, for the the docket in Supporting Documents on
2. Under the proposed rule, how many purposes of staple food categorization, Regulations.gov, the average small store
perishable items would retailers need to FNS would appreciate public comments would need to add an additional 54
stock? on whether and how to categorize additional staple food items, at a cost of
Section 3(o)(1)(A) of the Act, as certain foods with multiple staple food around $140, in order to meet the
amended by the 2014 Farm Bill, ingredients, such as prepared salads, proposed eligibility criteria. As set forth
requires that retailers would be required pizzas, pot pies, macaroni and cheese, in the Interim Regulatory Flexibility
to stock ‘‘perishable foods in at least 3 stuffed pastas, and others, as offered by Analysis for the proposed rulemaking,
of the [staple food] categories.’’ commenters, for purposes of making a FNS estimates that purchasing all 168
Therefore, FNS has proposed to codify retailer eligibility determination for staple food items would cost a store
in regulation the statutory requirement SNAP authorization. approximately $400, including a one-
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that retailers stock at least one Examples of additional multiple time inventory carrying cost of 25% to
perishable variety in 3 of the 4 staple ingredient foods that would and would account for storage costs and potential
food categories. not count as staple foods under the spoilage. FNS believes that adding new
The proposed rule does not propose proposed rule follow. inventory would be a one-time cost, a
to change the meaning of ‘‘perishable’’ Multiple ingredient foods are cost that would be recouped as
in the current regulations. Currently, currently eligible for purchase with inventory is sold.
under 7 CFR 278.1(b)(1)(ii)(B), SNAP benefits, and this proposed rule See the full Regulatory Impact
perishable foods include items that are would not change the eligibility of these Analysis and Interim Regulatory
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![19502 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules
Flexibility Analysis for further details. 4. Frozen raspberries—6 packages EXAMPLES of Multiple Ingredient
https://www.regulations.gov/ 5. Frozen spinach—6 packages Foods That Would be Excluded for
#!documentDetail;D=FNS-2016-0018- 6. Fresh baby carrots—6 packages Purposes of Retailer Eligibility Decisions
0006. 7. Fresh celery sticks—6 packages Under the Proposed Rule
More generally, FNS appreciates the Non-Perishable: Æ Pizzas (contains dough, cheese, and
questions it has received from tomato)
commenters on the number of total food 8. Apple sauce—6 jars
9. Canned corn—6 cans Æ Multiple ingredient soups, e.g.
items that retailers would be required to minestrone (contains vegetables and
stock under the proposed rule and 10. Canned peas—6 cans
Dairy—the proposed rule would pasta)
encourages additional comments from Æ Multiple ingredient canned foods, e.g.
the public on this provision of the require stocking at least 7 varieties in
ravioli (contains vegetables, cheese,
proposed rule, including comments on this category; below are ten examples of
and pasta)
the impacts (such as benefits, costs, or what FNS would consider different
Æ Chicken pot pies (contains dough,
small business impacts) associated with varieties This is not an exhaustive list
vegetables, and chicken)
proposals that would alter the total food of acceptable varieties in this staple
Æ Frozen TV dinners, e.g. chicken
items that retailers would be required to food category. Under the proposed rule,
dinner (contains chicken, potatoes,
stock. the first 8 varieties listed below would
and vegetables)
FNS also appreciates the questions likely be considered perishable varieties
Æ Sandwiches (contains meat, cheese,
from commenters it has received in this staple food group, provided that
bread, and vegetables)
regarding how the proposed they will spoil or suffer significant Æ Lunch-snack trays (contains meat,
requirements would affect different deterioration in quality within 2 to 3 cheese, and crackers)
types of retail food stores and weeks.
encourages additional comments from Perishable: EXAMPLES of Multiple Ingredient
the public on potential retail food store 1. Fresh cow’s milk—6 containers Foods That Would Continue to Count as
impacts. Staple Foods (i.e., the Primary Staple
2. Fresh goat’s milk—6 containers
Food Category Ingredient is Clearly
EXAMPLES of Acceptable Variety, 3. Fresh yogurt—6 containers Represented and Easily Recognized)
Perishables, and Depth of Stock Under 4. Fresh sour cream—6 packages
the Proposed Rule 5. Fresh cheddar cheese (hard)—6 Æ Mixed vegetables (frozen or canned;
packages contains a variety of vegetables)
Meat, Poultry, and Fish—the Æ Boxed breakfast cereals (intended to
proposed rule would require stocking at 6. Fresh cream cheese (soft)—6 packages
served heated or cold; contains a
least 7 varieties in this staple food 7. Frozen butter—6 packages
variety of grains)
category; below are ten examples of 8. Margarine—6 containers
what FNS would consider different Non-Perishable: III. Comment Period Extension
varieties. This is an illustrative list and 9. Infant Formula—6 containers Since publication of the proposed
not an exhaustive list of items that FNS 10. Almond Milk—6 containers rule, several entities, including SNAP
proposes to be acceptable varieties in Breads or Cereals—the proposed rule retail trade groups, have requested an
this staple food category. would require stocking at least 7 extension of the comment period in
Perishable: varieties in this category; below are ten order to allow ample time for all
1. Sliced turkey breast—6 packages examples of what FNS would consider stakeholders to comment on the
2. Shrimp—6 packages different varieties. This is not an rulemaking process. The comment
3. Sliced ham—6 packages exhaustive list of acceptable varieties in period, therefore, is being extended 30
4. Fresh or frozen ground beef– 6 this staple food category. Under the days in order to provide additional time
packages proposed rule, the first 5 varieties listed for interested parties to review the
5. Fresh or frozen catfish—6 packages below would likely be considered proposed rule. To be assured of
6. Eggs—6 cartons (any size) perishable varieties in this staple food consideration, comments on the
7. Frozen lamb chops—6 packages group, provided that they will spoil or proposed rule must be received by FNS
8. Tofu (meat substitute)—6 packages suffer significant deterioration in quality on or before May 18, 2016.
Non-perishable: within 2 to 3 weeks. Dated: March 31, 2016.
9. Canned tuna—6 cans Perishable: Audrey Rowe,
10. Canned chicken—6 cans 1. Bread—any combination (wheat, Administrator, Food and Nutrition Service.
Fruits, Vegetables—the proposed rule white, rye)—6 packages [FR Doc. 2016–07793 Filed 4–4–16; 8:45 am]
would require stocking at least 7 2. Tortillas (flour, corn)—6 packages BILLING CODE 3410–30–P
varieties in this category; below are ten
3. Bagels (white, wheat, other)—6 items
examples of what FNS would consider
4. Pitas—6 packages
different varieties. This is not an
exhaustive list of acceptable varieties in 5. Frozen dinner rolls—6 packages DEPARTMENT OF TRANSPORTATION
this staple food category. Under the Non-Perishable:
Federal Aviation Administration
proposed rule, the first 7 varieties listed 6. Rice—any combination (long-grain,
below would be considered perishable brown)—6 packages
14 CFR Part 31
varieties in this staple food group, 7. Pasta—any combination (spaghetti,
Lhorne on DSK5TPTVN1PROD with PROPOSALS
provided that they will spoil or suffer lasagna noodles, rice noodles)—6 [Docket No. FAA–2016–5424; Notice No. 31–
significant deterioration in quality packages 16–01–SC]
within 2 to 3 weeks. 8. Cereal– any combination (wheat, rice,
Perishable: chex, granola, etc)—6 packages Special Conditions: Ultramagic, S.A.,
Mark-32 Burner Series
1. Fresh bananas—6 bananas 9. Flour (white, wholegrain, any
2. Fresh oranges—6 oranges combination)—6 packages AGENCY:Federal Aviation
3. Fresh pears—6 pears 10. Infant Cereal—6 packages Administration (FAA), DOT.
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Document Created: 2018-02-07 13:53:17
Document Modified: 2018-02-07 13:53:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Clarification of proposed rule; extension of comment period. | |
| Dates | The comment period for the proposed rule that was published on February 17, 2016 (81 FR 8015) has been extended from April 18, 2016 to May 18, 2016. To be assured of consideration, comments must be postmarked on or before May 18, 2016. | |
| FR Citation | 81 FR 19500 | |
| RIN Number | 0584-AE27 | |
| CFR Citation | 7
CFR
271 7 CFR 278 |
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