TITLE 31

Welfare

In General

CHAPTER 6. FOOD STAMP PROGRAM

Subchapter I. General Provisions


(a) The Department shall bear the responsibility of administering the food stamp program for the State in compliance with the provisions of the Federal Food Stamp Act of 1964 [7 U.S.C. §§ 2011 et seq.], as amended.

(b) The Secretary of the Department shall designate 1 staff member of the Secretary's Department to be the food stamp program administrator.

(c) The designated food stamp administrator shall, within 30 days of the administrator's 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, cosponsor and joint sponsors of this chapter, to the Secretary of the Department and to the Governor.

(d) The plan shall encompass the following areas:

(1) Statement of compliance with federal regulations;

(2) Proposed certification process;

(3) Proposed locations for food stamp distribution; and

(4) Explanation of all practices not mandated by federal regulations.

31 Del. C. 1953, § 601; 59 Del. Laws, c. 67, § 2; 70 Del. Laws, c. 186, § 1.;

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

(1) Program regulations and guidelines;

(2) Approval of grocer participation;

(3) Cost of printing and shipping coupons; and

(4) Partial cost of certification of program recipients.

31 Del. C. 1953, § 602; 59 Del. Laws, c. 67, § 2.;

The State, through the Department of Health and Social Services, shall budget and/or administer the following facets of the food stamp program:

(1) File plan of operation for USDA approval;

(2) Certify applicant, individuals and households;

(3) Accept, store and protect coupons after delivery to receiving points within the State;

(4) 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, federal credit unions in this State, and any bank in the State;

(5) Control and account for stamps;

(6) Promulgate an outreach program for potentially eligible households or individuals;

(7) Cooperate with other state agencies, federal agencies or private agencies in nutritional education efforts.

(8) Develop and implement, to the extent permitted by applicable federal law, eligibility requirements and sanctions for the violation thereof for recipients of food stamps who are also recipients of assistance under the Aid to Families with Dependent Children program, which are consistent with the eligibility requirements and sanctions established by the Department pursuant to §§ 503(d) and 512(1) of this title."

31 Del. C. 1953, § 603; 59 Del. Laws, c. 67, § 2; 59 Del. Laws, c. 233, § 1; 60 Del. Laws, c. 80, § 1; 70 Del. Laws, c. 65, § 23.;

Repealed by 68 Del. Laws, c. 386, § 2, effective July 16, 1992.;

Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of a felony involving possession, distribution or use of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions.

74 Del. Laws, c. 177, § 1; 78 Del. Laws, c. 54, § 1.;