Exemption from equal treatment requirement

Section 9(j) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(j)) is amended by adding at the end the following: (6) Exemption from equal treatment requirement (A) Definition of covered period In this paragraph, the term covered period means a period during which— (i) interim continuing appropriations or full-year appropriations for a fiscal year for the Department of Agriculture have lapsed; and (ii) participants of the supplemental nutrition assistance program are not receiving— (I) any benefits; or (II) the full amount of benefits. (B) Waiver Notwithstanding paragraph (2), during a covered period, an authorized retail food store may, without seeking a waiver, offer an incentive, which shall be effective for the entire duration of the covered period. (C) Effect An incentive offered by an authorized retail food store under subparagraph (B) shall not be deemed a violation of the equal treatment requirement described in section 278.2(b) of title 7, Code of Federal Regulations (or a successor regulation)..