EBT restrictions (New Jersey)

Vanessa Nason filed this request with the Department of Human Services of New Jersey.
Est. Completion None
No Responsive Documents


From: Vanessa Nason

To Whom It May Concern:

Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:

–Specific foods, products, or services that cannot be purchased using EBT cards
–Types of establishments that do not accept EBT cards (for example, jewelry stores, firearms dealers, etc.)

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Please note that I am a citizen of Arkansas, and am using MuckRock's services to help manage and track my request.


Vanessa Nason


Good morning Ms. Nason,

This email is in response to your request filed under N.J.S.A 47:1A-1 et. seq., Open Public Records Act (OPRA) with the Department of Human Services (Department). Please be advised that your request is denied pursuant to N.J.S.A 47:1A-1 as not made, maintained, kept on file, or received by the Department. Records concerning "EBT" are held by the Division of Family Development (DFD). You may want to file a request with that agency however, I would also note that your request read as a request for information and not a request for records. OPRA is designed as a request for specific, identifiable records and is not meant for information requests (See Mag Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 537 (App. Div. March 2005). If you do file a request with DFD you may want to revise your request for specific records.

You can file an OPRA request with DFD by going to the State's OPRA website: http://nj.gov/opra/ and following the instructions on the site.

Also- there is at least some information in regards to EBT cards permitted uses on the state's website: https://www.connectebt.com/njebtclient/
As well as here: http://www.state.nj.us/humanservices/dfd/programs/njsnap/ebt/

A copy of your closed receipt is attached to this email for your records. Please advise if you have any questions in regards to your request.

If your request for access to a government record has been denied or unfulfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Department of Human Services to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us<mailto:grc@dca.state.nj.us>, or at their web site at www.state.nj.us/grc<http://www.state.nj.us/grc>. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your county.


James Patterson
OPRA Custodian
Department of Human Services, OLRA
Phone: 609-292-8313
P.O Box 700
Trenton, NJ 08625

This E-mail, including any attachments, may be intended solely for the personal and confidential use of the sender and recipient(s) named above. This message may include advisory, consultative and/or deliberative material and, as such, would be privileged and confidential and not a public document. Any Information in this e-mail identifying a client of the Department of Human Services or the Department of Children and Families is confidential. If you have received this e-mail in error, you must not review, transmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it and you must delete this message. You are requested to notify the sender by return e-mail.