Chapter 6

§ 601 Department of Health and Social Services responsible for administration of program. (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 ; § 602 Federal responsibilities for food stamp program. 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 ; § 603 State responsibilities for food stamp program. 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 Temporary Assistance for Needy Families 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 ; 81 Del. Laws, c. 367, § 2 ; § 604 Misuse of food stamps [Repealed]. Repealed by 68 Del. Laws, c. 386, § 2, effective July 16, 1992. § 605 Eligibility for Food Stamp Program. 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 610 Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture. (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 ; § 611 Forfeiture of property involved in illegal food stamp transactions. (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 ; § 612 Definitions. 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 ; § 613 Establishment of a State Law Enforcement Bureau (SLEB). (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(10) 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 ; 80 Del. Laws, c. 169, §  2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }