USDA will consider input on whether this redemption data constitutes confidential business information under the Freedom of Information Act (FOIA) from a range of stakeholders through a Request for Information (RFI) published in the Federal Register (click here to access it).
"Our goal is to provide more transparency so that people can have access to basic information about the amount of SNAP benefits that individual grocery stores and retailers are redeeming," Agriculture under secretary Kevin Concannon said. "We hope that this public comment period will be informative as to how we can do that in the most thoughtful and appropriate way possible."
The RFI is part of the Obama Administration's ongoing effort to make government more open and accountable and increase transparency. Since 1978, USDA has interpreted federal law as protecting SNAP retailer redemption information. This view was successfully challenged by a South Dakota newspaper, and the US Court of Appeals for the Eighth Circuit ultimately ruled in favor of the newspaper. The ruling was limited to the interpretation of Section 9(c) of the Food and Nutrition Act and did not address whether redemption data constitutes "trade secrets, [or] commercial or financial information obtained from a person [that is] privileged or confidential" which would still be protected from disclosure through Exemption 4 of the FOIA.
Thus, USDA is required to seek feedback from affected stakeholders, specifically SNAP retailers, on whether annual aggregate redemption data from individual stores is confidential per FOIA. Additionally, the USDA is considering what, if any, adjustments should be made to SNAP regulations regarding the release of SNAP retailer transaction data in the future based on input from the public. The comment period will run until Sept. 8, 2014.