CHAPTER 67

FORMERLY

SENATE BILL NO. 192

AN ACT CREATING A NEW CHAPTER 6, TITLE 31, DELAWARE CODE, TO INITIATE THE STATE OF DELAWARE'S COMPLIANCE WITH THE FEDERAL FOOD STAMP PROGRAM.

WHEREAS, the Federal Food Stamp Act of 1964, as amended, offers many advantages to Delaware Citizens ; and

WHEREAS, Delaware is one of only two (2) states in the United States which does not avail itself of this program; and

WHEREAS, the Food Commodities Distribution Program has outlived its usefulness as food supplement to families and individuals ; and

WHEREAS, the cost, to the State of Delaware, of a Food Stamp Program will be no greater than the cost to the State of the present Food Commodities Distributor Program.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. All Food Commodities Distribution to individuals or families in the State of Delaware is hereby discontinued. No provisions of this act shall be construed to abolish food commodity distribution to schools or other institutions.

Section 2. A new Chapter of Title 31, Delaware Code, shall read as follows:

CHAPTER 6. FOOD STAMP PROGRAM

§ 601. State Department of Health and Social Services is responsible for the administration of the Food Stamp Program

The Department of Health and Social Services shall bear the responsibility of administering the Food Stamp Program for the State of Delaware in compliance with the provisions of the Federal Food Stamp Act of 1964 as amended.

A. The Secretary of the Department of Health and Social Services shall designate one staff member of his Department to be the Food Stamp Program Administrator, effective immediately upon Governor's signature of this Act.

B. The designated Food Stamp Administrator shall, within (30) days of his appointment, and after consultation with the United States Department of Agriculture, Food and Nutrition Service submit a Delaware Plan to the aforesaid United States Department for necessary approval. At the same time, such plan shall be submitted to the sponsor, co-sponsor and joint sponsors of this Act; to the Secretary of the Department of Health and Social Services and to the office of the Governor of Delaware.

C. Such plan shall encompass the following areas :

1. Statement of compliance with Federal regulations.

2. Proposed certification process.

3. Proposed locations for food stamp distribution.

4. Explanation of all practices not mandated by Federal regulations.

§ 602. Federal responsibilities for Food Stamp Program

The United States Department of Agriculture, through its Food and Nutrition Service, shall be responsible for :

A. Program Regulations and Guidelines.

B. Approving grocer participation.

C. Cost of printing and shipping coupons.

D. Partial cost of certification of program recipients.

§ 603. State responsibilities for Food Stamp Program

The State of Delaware, through the Department of Health and Social Services, shall budget and/or administer the following facets of the Food Stamp Program :

A. File plan of operation for USDA approval.

B. Certify applicant, individuals and households.

C. Accept, store and protect coupons after delivery to receiving points within the State.

D. Provide for issuance of food stamps after certification of applicants. Such methods and/or places of issuance may include United States postal service : county offices or branches of the Department of Health and Social Services ; and Farmers Bank of the State of Delaware.

E. Control and account for stamps.

F. Promulgate an outreach program for potentially eligible households or individuals.

G. Co-operate with other State agencies, Federal agencies or private agencies in Nutritional education efforts.

Section 3. For implementation purposes, this act shall become law upon Governor's signature, except that the actual abolition of Food Commodities Distribution to individuals or families, and the use of Food Stamps shall not become effective until the beginning of the fiscal quarter following the approval of the Delaware Plan by the United State Department of Agriculture, unless such approval be received within forty-five (45) days before the beginning of such fiscal quarter, in which ease the Food Stamp Program shall become operative at the beginning of the next following fiscal quarter.

Approved June 5, 1973.