On Monday, August 4, 2014, the United States Department of Agriculture (“USDA”), Food and Nutrition Service (“FNS”) published a Request for Information (“RFI”): Supplemental Nutrition Assistance Program (“SNAP” or “the Program”); Retailer Transaction Data in the Federal Register. The RFI is being issued in response to a decision by the U.S. Court of Appeals for the Eighth Circuit2, which held that annual SNAP retailer redemption data did not fall within the withholding exemption under the Freedom of Information Act (“FOIA”) and therefore must be disclosed unless it qualifies for another FOIA exception. FNS recognizes that despite the court’s decision the agency must also consider whether this redemption data constitutes confidential business information. 

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