§278.1. Approval of retail food stores and wholesale food concerns.

(1) Seven (7) distinct varieties of staple food items in each of the four staple food categories, as defined under § 271.2 of this chapter, for a minimum of 28 distinct staple food varieties;

(2) Three (3) stocking units of each qualifying staple food variety, for a minimum of 84 stocking units; and

(3) One (1) variety of perishable foods in three different staple food categories so that a minimum of three (3) of the 28 varieties and nine (9) of the 84 stocking units are perishable.

(1) If a retail food store does not meet the stocking requirements at the time of an FNS store visit, the store may provide documentation that it ordered and/or received the required stock no more than 21 calendar days prior to the date of the store visit. Documentation may include, but is not limited to, invoices and receipts.

(2) Failure to provide documentation related to stock or to cooperate with FNS store visits may result in denial or withdrawal of authorization.

(1) A multi-ingredient food's staple food category and variety is based on the food's main ingredient. The main ingredient of a multi-ingredient food is the first ingredient other than water, broth, or stock listed on the ingredient list. Cream is a separate main ingredient from milk.

(2) Unless specified under paragraph (b)(1)(ii)(D) of this section:

(i) Different brands, flavorings, packaging, or preparations do not count as distinct staple food varieties, such as, but not limited to different cuts of meat, whole fruit and cut fruit, vanilla yogurt and plain yogurt, and a gallon of milk and a half gallon of milk.

(ii) Different types of the same food do not count as distinct staple food varieties, such as, but not limited to, brown and white rice, pinto and kidney beans, and Granny Smith and Gala apples.

(3) No food product can count as a variety in more than one staple food category.

(1) Single-ingredient varieties. The following foods, with no other ingredients added other than fortifying vitamins, count as distinct staple food varieties from multi-ingredient foods with the same main ingredient. For example, wheat flour is a distinct variety from frozen burritos, frozen lasagna, and canned chicken noodle soup with wheat flour as the main ingredient. Also, seasoned perishable chicken is a distinct variety from plain perishable chicken and flavored perishable milk is a distinct variety from plain perishable milk.

(i) Shell eggs;

(ii) Perishable meat, poultry, or fish (for each different kind of animal);

(iii) Dry beans;

(iv) Dry peas;

(v) Dry lentils;

(vi) Raw grains (for each different kind of grain, e.g., rice and barley);

(vii) Flour (for each different kind of grain, e.g., wheat flour and rice flour); and

(viii) Perishable liquid milk.

(2) Derivative food product varieties. Regardless of type, kind, flavoring, or main ingredient, the following foods count as only one distinct staple food variety (e.g., whole grain rice noodles are the same variety as whole grain wheat noodles). Any other food item with the same main ingredient is a separate variety (e.g., a loaf of bread is a distinct variety from a frozen burrito even if they both have wheat as the main ingredient).

(i) Tofu/tempeh;

(ii) Bread (whole grain);

(iii) Bread (non-whole grain);

(iv) Pasta/noodles (whole grain);

(v) Pasta/noodles (non-whole grain);

(vi) Breakfast cereals;

(vii) Shredded cheese (including, grated, shaved, and crumbled);

(viii) Cheese (non-shredded);

(ix) Fermented/cultured dairy beverages;

(x) Yogurt (non-liquid);

(xi) Sour Cream;

(xii) Infant formula; and

(xiii) Infant cereal.

(3) Shelf-stable varieties. The following foods sold in a shelf-stable form with or without other ingredients count as distinct varieties from the single-ingredients in paragraph (b)(1)(ii)(D)(1) of this section as well as from perishable multi-ingredient foods with the same main ingredient. For example, raw ground beef, frozen beef ravioli with beef as the main ingredient, and canned (shelf-stable) beef stew with beef as the main ingredient count as three distinct beef varieties.

(i) Meat, poultry, or fish (for each different kind of animal);

(ii) Liquid milk; and

(iii) Dried/powdered milk.

(2) Nuts/seeds, beans, peas, and lentils shall count in the protein category.