Restaurant Meals Program

(a)Subject to federal approval of the state plan and an identified funding source, the Department of Public Health and Social Services (Department) may establish the Restaurant Meals Program

(RMP)as part of the federal Supplemental Nutrition Assistance Program

(SNAP)pursuant to the Federal Food and Nutrition Act of 2008, 7 U.S.C. § 2011 et seq., and subject to the provisions of 7 U.S.C. § 2018(h) and 7CFR § 278.1(d)(3).

(b)The purpose of the RMP is to expand food access to individuals who do not have a place to store and cook food; may not be able to prepare food; or do not have access to a grocery store.

(c)The Department shall develop and implement a plan to begin participation in the RMP upon enactment of this act.

(d)The RMP shall permit SNAP households containing elderly or disabled members, and their spouses, as defined in 7 U.S.C. § 2012(j), or homeless individuals, as defined in 7 U.S.C. § 2012(l), to use their electronic benefits transfer

(EBT)card to purchase prepared food at concessional prices from restaurants that have entered in a contract with the Department and authorized by the U.S. Department of CH. 2 DIVISION OF PUBLIC WELFARE Agriculture

(USDA)to participate in the RMP in accordance with 7 U.S.C. § 2018(h). The EBT system shall electronically identify an eligible recipient at the point of sale.

(e)Before participating in the RMP, a restaurant shall submit an application and be approved under a process determined by the Department; become a SNAP provider licensed by the USDA; and be able to process EBT card payments at the point of sale.

(f)A restaurant shall not operate as a vendor in the RMP unless the restaurant:

(1)offers meals at concessional prices by: serving meals that cost less than that which would be charged to customers not using SNAP benefits with a sales price at least ten percent (10%) less than the sales price charged to customers who are not using SNAP benefits to pay for similar meals; serving meals already discounted for certain customers; or serving meals offered to all customers at advertised special or sale prices;

(2)permits customers to make in-store purchases;

(3)provides full accessibility for the disabled;

(4)has more than fifty percent (50%) of its total sales in food;

(5)collects SNAP benefits at the time of meal delivery;

(6)posts a sign notifying the public of the restaurant’s participation in the RMP; and

(7)complies with all federal, state, and local health and safety laws and regulations.

(g)A restaurant operating as a bar or tavern shall not be eligible to participate in the RMP.