In the December 13, 2016, Federal Register, USDA's FNS issued a final rule updating SNAP regulations to set implementation parameters, prerequisites and operational standards required of state agencies that intend to implement the photo Electronic Benefit Transfer ("EBT") card option provided under the Food and Nutrition Act of 2008. Specifically, the updated regulations establish procedures to ensure state implementation is consistent with all federal requirements as they relate to photo EBT cards, including establishing procedures to ensure: (i) any other appropriate member of the household or authorized representative (including any individual permitted by the household to purchase food on its behalf) who is not pictured on the photo EBT card may use the card; and (ii) placing photos on EBT cards does not affect the eligibility process and does not impose additional conditions of eligibility or adversely impact the ability of appropriate household members to access the nutrition assistance they need. Failure by a state agency to adhere to the provisions of this rule may result in penalties, including loss of federal funding. The rule is effective January 12, 2017.

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