SNAP Rule #229P - Electronic Benefit Theft

Date posted:


Pursuant to the Consolidated Appropriations Act 2023 (CAA 2023), Public Law 117-328, Division HH, Title IV Section 501, EBT Benefit Fraud Prevention requirements, the Department proposes to amend the SNAP Manual, Section 777-4 to align with the requirements of the CAA 2023. The proposed rule changes will provide clarity on the Department's procedure and timeframes for replacement of SNAP benefits determined to have been stolen through card skimming, card cloning, or similar fraudulent methods. The U.S.D.A. - Food and Nutrition Services approved the Department's Plan for the Replacement of Electronically Stolen EBT Benefits on August 10, 2023, retroactive to October 1, 2022. This rule change would be effective retroactive to October 1, 2022. Retroactive rulemaking is permissible under 22 M.R.S. 42(8) as this update provides a benefit to SNAP recipients or beneficiaries and does not adversely impact applicants, participants, beneficiaries, or providers.

In addition, definitions for Card Cloning, Card Skimming, and Phishing would be added to Section 999-1.

No public hearing is scheduled.

Public comment deadline: Tuesday, January 2, 2024, at 5:00 p.m. ET.

Written public comments may be submitted via the link at

Agency Contact Person:

Ian Miller, Senior Program Manager - SNAP



Office: Office for Family Independence

Routine technical


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