Stewart Fried

I'm a Food, Ag & Environmental lawyer who likes defending farmers, food producers and SNAP vendors. I probably play too much softball too...

[Stewart Fried @stewart_fried]

Good article about Monday's fed court ruling vacating the SNAP soda/candy waivers in 5 states. While USDA will appeal, Judge Jackson wrote a very well-reasoned opinion. Expect to soon see suits filed in the other 18 states that have pending waivers.
https://t.co/zJG8bRr56k

[Stewart Fried @stewart_fried]

@thehill @TheHillOpinion The Op-Ed opens with a reference to lobster and steak. That has nothing to do with beneficiary eligibility. Both are SNAP-eligible foods and will remain so unless Congress amends the definition of "food" to exclude those items. Totally misleading.

[Stewart Fried @stewart_fried]

Ms. Huyer's Op-Ed opens with references to lobster & filet mignon. However, unless Congress amends the definition of "food," both will remain SNAP-eligible foods. Closing the categorical eligibility "loophole" won't change that. Stop misleading readers. https://t.co/D3VGWZIMC3

[Stewart Fried @stewart_fried]

https://t.co/7nZ6kwHN0j

[Stewart Fried @stewart_fried]

Great article by @BloombergLegal regarding the impacts of USDA’s food waivers on SNAP retailers.

https://t.co/lxlSWd7y4E

[Stewart Fried @stewart_fried]

@HaywoodTalcove @DepSecVaden @SamAdolphsen Under 20% are based on undercover investigations. The remainder are based on FNS's ALERT system. It's entirely circumstantial and entirely inequitable to smaller retailers. FNS refuses to change the system or release information supporting the reliability of FNS's ALERT system.

[Stewart Fried @stewart_fried]

@DepSecVaden Dep. Sec. Vaden, you've been a judge. Is this equitable? Will you agree to reform FNS's admin review process? FNS makes administrative decisions based on evidence never provided to stores or their attorneys. Is this equitable? FNS is the only USDA agency that does this.

[Stewart Fried @stewart_fried]

@DepSecVaden FNS also doesn't differentiate between beneficiary fraud that doesn't involve retailers and trafficking that might also involve retailers. If skimming devices are put on SNAP terminals by bad actors, the retailer did nothing wrong. But USDA routinely disqualifies them. Why?

[Stewart Fried @stewart_fried]

@DepSecVaden How many of these disqualifications are based on entirely circumstantial evidence from the ALERT system? Answer: More than 80%! Will you admit FNS has no idea what was exchanged for SNAP benefits in those transactions and that it could have been eligible food items?

[Stewart Fried @stewart_fried]

The NY Times did an excellent job reporting on the incredible amount of confusion that USDA's food restriction waivers are causing for retailers.

https://t.co/wuyTcE0rdX

[Stewart Fried @stewart_fried]

On Jan 1, candy and/or soda will be SNAP-ineligible in 4 states. By Oct 2026, junk food bans will be in effect in 18 states. Retailers need more time to comply and need clear guidance from USDA and states. Read my article in Alabama Grocer for more info: https://t.co/k0bggPxkb4

[Stewart Fried @stewart_fried]

House Ag Committee Chair Thompson (R-PA) just bashed USDA's misguided SNAP food waiver policy because it will increase food prices. Here's why: https://t.co/DaHH6XU9jc So far, USDA has granted waivers to 18 states to prohibit using SNAP for soda and/or candy starting in 2026.

[Stewart Fried @stewart_fried]

@SecRollins Will USDA start investigating beneficiaries? USDA only investigates retailer fraud and relies upon states to investigate fraud by beneficiaries. SNAP trafficking can be conducted by beneficiaries, retailers, or both. Will USDA start doing so under your leadership?

[Stewart Fried @stewart_fried]

@USDA @USDA_FNS How exactly would the proposed rule, which relates to modifications to authorization requirements for SNAP retailers and does NOT amend the definition of "food" or "trafficking," have any impact on fraud? USDA's statement is inconsistent with the verbiage of the proposed rule.

[Stewart Fried @stewart_fried]

@PatriotJackIII @TheFGA @JustTheNews You're confusing Cash EBT with SNAP EBT. They are entirely different programs. Beneficiaries cannot use SNAP EBT for non-food items. But you're correct that they can withdraw cash from their Cash EBT "accounts" and purchase anything they want.

[Stewart Fried @stewart_fried]

@TheFGA @KristiMStahr Fourth, FNS did NOT propose to change the definition of food in the SNAP program - only Congress can do that. The proposed rule will not impact trafficking in SNAP at all; it's limited to increasing the variety of staples retailers need to carry to be SNAP eligible.

[Stewart Fried @stewart_fried]

@TheFGA @KristiMStahr Third, FNS's administrative process is inequitable. The agency makes trafficking determinations without providing retailers with the evidence they use to permanently disqualify retailers. And a majority of cases are entirely based on circumstantial evidence.

[Stewart Fried @stewart_fried]

@TheFGA @KristiMStahr The conclusions reached in the article are largely unsupportable. First, many of the citations are extremely dated, some more than 20 years old. Second, many of the conclusions ignore that trafficking by retailers is not co-extensive with retailer trafficking by beneficiaries.

[Stewart Fried @stewart_fried]

Yesterday USDA advised 2 federal courts that it will partially fund Nov. SNAP benefits. Today, President Trump posted on Truth Social that SNAP benefits will NOT be funded until the Dems end the shutdown. Read my blog piece for the latest.
https://t.co/bwF5FAhUZ0
@USDANutrition

[Stewart Fried @stewart_fried]

@StLisaOfPizza @crampell You can’t purchase school supplies with SNAP benefits. Those are ineligible items.