TITLE 31

Welfare

In General

CHAPTER 6. FOOD STAMP PROGRAM

Subchapter II. Food Stamp Trafficking Control Act


(a) Whoever knowingly uses, transfers, acquires, alters or possesses food stamp coupons, authorization cards, ATPs or access devices in any manner not authorized by the federal Food Stamp Act (7 U.S.C. § 2011 et seq.) or regulations issued pursuant to the Food Stamp Act; or who presents for payment or redemption coupons that have been illegally received, transferred, altered or used shall:

(1) If such food stamp coupons, authorization cards or ATPs are of a value of $500 or more or the item used, transferred, acquired, altered or possessed is an access device that has a value of $500 or more, be guilty of a class E felony.

(2) If such coupons, authorization cards or ATPs are of a value of less than $500 or if the item used, transferred, acquired, altered or possessed is an access device that has a value of less than $500, be guilty of a class A misdemeanor.

(3) In any prosecution under this section where there is a finding that the proceeds of the trafficking involves firearms ammunition, explosives or controlled substances as defined under 21 U.S.C. § 802 be guilty of a class B felony.

(b) In addition to the penalties set forth in subsection (a) of this section, any person convicted of a felony or misdemeanor under this section may be suspended by the court from participation in the food stamp program for an additional period of up to 18 months consecutive to that period of suspension mandated by the federal Food Stamp Act pursuant to 7 U.S.C. § 2015(b)(1).

68 Del. Laws, c. 386, § 2.;

(a) The Secretary of the Department of Health and Social Services or the Secretary's designee may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities or other things of value that are furnished or intended to be furnished by any person in exchange for coupons, authorization cards, ATPs or anything of value obtained by the use of an access device, in any manner not authorized by the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant to the Food Stamp Act.

(b) Any forfeiture and disposal of property under this section shall be conducted in accordance with procedures contained in regulations issued by the Secretary of the Department of Health and Social Services. Property forfeited under this section may be utilized by the Welfare Fraud Unit until such time as the forfeited property may be liquidated.

(c) Value received for liquidated property shall be appropriated to the Welfare Fraud Unit for its use at the discretion of the Secretary of the Department of Health and Social Services or the Secretary's designee.

68 Del. Laws, c. 386, § 2; 70 Del. Laws, c. 186, § 1.;

As used in this subchapter:

(1) "Access device" means any card, plate, code, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant to the Food Stamp Act.

(2) "Value" means the sum of the face value of all food stamp coupons, ATPs or access devices possessed, transferred or converted from 1 scheme or course of conduct, whether from 1 or several rightful possessors, at the same or different times and which may constitute a single criminal episode. The face values may be aggregated in determining the grade of offense.

68 Del. Laws, c. 386, § 2.;

(a) The Department is designated as the State Law Enforcement Bureau (SLEB) for the purpose of coordinating food stamp trafficking interdiction activity in Delaware within the meaning of the United States Department of Agriculture (USDA), Food and Nutrition Service's (FNS) Regulations and Delaware's Food Stamp Trafficking Control Act.

(b) The Department shall delegate its responsibilities pursuant to subsection (a) of this section to the Department's Audit and Recovery Management Services (ARMS), and its successors.

(c) The Department's Audit and Recovery Management Services (ARMS), and its successors, are hereby declared a Criminal Justice Agency within the meaning of § 8602(3)(b) of Title 11 for the sole purpose of accessing any and all criminal history records and files maintained by the State and any subdivision thereof.

69 Del. Laws, c. 363, § 1.;