CHAPTER 128

FORMERLY

SENATE BILL NO. 114

AS AMENDED BY

SENATE AMENDMENT NOS. 1 AND 3

AN ACT TO AMEND CHAPTER 6, TITLE 31, DELAWARE CODE, RELATING TO THE MISUSE OF FOOD STAMPS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 6 of Title 31, Delaware Code, by adding thereto a new section to be designated as Section 604 to read as follows:

"§604. Penalties

(a) No person shall knowingly obtain, attempt to obtain, or aid, abet or assist any person to obtain by means of a false statement or representation; or by false impersonation, or other fraudulent device any food stamps or coupons under a federal food stamp plan which he or such other person is not entitled to receive or use under the provisions of this Chapter, or of any rule or regulation promulgated pursuant thereto.

(b) No person shall knowingly sell, trade or otherwise dispose of any food commodities, which were obtained by the use of food stamps, food stamps or coupons to another person not entitled to receive or use the same under the provisions of this Chapter, or of any rule or regulation promulgated pursuant thereto

(c) No person shall acquire or transfer food stamps or coupons except in exchange for food or food products for human consumption, which shall not be construed as including alcoholic beverages, tobacco or beer.

(d) Any person, firm, association or corporation who violated this section shall be guilty of a misdemeanor and shall be find not less than $50 nor more than $100 or imprisoned for not less than 10 days nor more than 30 days or both. For each subsequent like offense, he shall be fined not less than $100 nor more than $500 or imprisoned not less than 30 days nor more than 6 months or both.

(e) Any store which allows purchase of a prohibited item or purchases of prohibited items under this

Chapter or any rule or regulation promulgated pursuant there to shall not be allowed to participate in the food stamp program.

(f) The Court of Common Pleas shall have Jurisdiction of offenses under this Chapter."

Approved July 11, 1977.