Gas stations are not eligible to be designated employers.
This includes businesses where the primary purpose is the retail sale of fuel, even if they sell food, beverages, or limited grocery items.
Snack retail attached to a gas station does not qualify.
Exception: Gas Stations with a Distinct Grocery Store
A gas station location may be considered eligible only if it includes a distinct, full-service grocery store that operates as a genuine food retail business.
To qualify under this exception, the grocery component must:
- Offer fresh or frozen fruits and vegetables
- Offer raw protein options (such as meat, fish, poultry, tofu, eggs, or dry/canned beans)
- Offer staple foods such as bread, rice, pasta, flour, dairy or dairy alternatives
- Allow customers to reasonably purchase ingredients for multiple household meals in one visit
- Represent a substantial and clearly identifiable portion of the retail space and inventory
The grocery store must function as more than a convenience retail counter. A small grocery section within a primarily fuel-focused business does not qualify.
Guiding Principle
The determining factor is whether the location functions as a genuine grocery store that supports regular household food access.
Selling fuel does not automatically disqualify a business—but grocery retail must be a core and substantial part of the operation, not incidental.