“Retail food store” means—
(1)
(1)#
an establishment, house-to-house trade route, or online entity that sells food for home preparation and consumption and—
(A) offers for sale, on a continuous basis, a variety of at least 7 foods in each of the 4 categories of staple foods specified in subsection (q)(1), including perishable foods in at least 3 of the categories; or
(B) has over 50 percent of the total sales of the establishment or route in staple foods,
as determined by visual inspection, sales records, purchase records, counting of stockkeeping units, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry;
(2)#
an establishment, organization, program, or group living arrangement referred to in paragraphs (3), (4), (5), (7), (8), and (9) of subsection (k);
(3)#
a store purveying the hunting and fishing equipment described in subsection (k)(6);
(4)#
any private nonprofit cooperative food purchasing venture, including those in which the members pay for food purchased prior to the receipt of such food, or agricultural producers who market agricultural products directly to consumers; and
(5)#
a governmental or private nonprofit food purchasing and delivery service that—
(A) purchases food for, and delivers the food to, individuals who are— (i) unable to shop for food; and (ii) (I) not less than 60 years of age; or (II) physically or mentally handicapped or otherwise disabled;
(B) clearly notifies the participating household at the time the household places a food order— (i) of any delivery fee associated with the food purchase and delivery provided to the household by the service; and (ii) that a delivery fee cannot be paid with benefits provided under supplemental nutrition assistance program; and
(C) sells food purchased for the household at the price paid by the service for the food and without any additional cost markup.