§ 2021. — Civil money penalties and disqualification of retail food stores and wholesale food concerns.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2021]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 2021. Civil money penalties and disqualification of retail
food stores and wholesale food concerns
(a) Disqualification or civil penalty
Any approved retail food store or wholesale food concern may be
disqualified for a specified period of time from further participation
in the food stamp program, or subjected to a civil money penalty of up
to $10,000 for each violation if the Secretary determines that its
disqualification would cause hardship to food stamp households, on a
finding, made as specified in the regulations, that such store or
concern has violated any of the provisions of this chapter or the
regulations issued pursuant to this chapter. Regulations issued pursuant
to this chapter shall provide criteria for the finding of a violation
and the suspension or disqualification of a retail food store or
wholesale food concern on the basis of evidence that may include facts
established through on-site investigations, inconsistent redemption
data, or evidence obtained through a transaction report under an
electronic benefit transfer system.
(b) Period of disqualification
Disqualification under subsection (a) of this section shall be--
(1) for a reasonable period of time, of no less than six months
nor more than five years, upon the first occasion of
disqualification;
(2) for a reasonable period of time, of no less than twelve
months nor more than ten years, upon the second occasion of
disqualification;
(3) permanent upon--
(A) the third occasion of disqualification;
(B) the first occasion or any subsequent occasion of a
disqualification based on the purchase of coupons or trafficking
in coupons or authorization cards by a retail food store or
wholesale food concern, except that the Secretary shall have the
discretion to impose a civil money penalty of up to $20,000 for
each violation (except that the amount of civil money penalties
imposed for violations occurring during a single investigation
may not exceed $40,000) in lieu of disqualification under this
subparagraph, for such purchase of coupons or trafficking in
coupons or cards that constitutes a violation of the provisions
of this chapter or the regulations issued pursuant to this
chapter, if the Secretary determines that there is substantial
evidence that such store or food concern had an effective policy
and program in effect to prevent violations of the chapter and
the regulations, including evidence that--
(i) the ownership of the store or food concern was not
aware of, did not approve of, did not benefit from, and was
not involved in the conduct of the violation; and
(ii)(I) the management of the store or food concern was
not aware of, did not approve of, did not benefit from, and
was not involved in the conduct of the violation; or
(II) the management was aware of, approved of, benefited
from, or was involved in the conduct of no more than 1
previous violation by the store or food concern; or
(C) a finding of the sale of firearms, ammunition,
explosives, or controlled substance (as defined in section 802
of title 21) for coupons, except that the Secretary shall have
the discretion to impose a civil money penalty of up to $20,000
for each violation (except that the amount of civil money
penalties imposed for violations occurring during a single
investigation may not exceed $40,000) in lieu of
disqualification under this subparagraph if the Secretary
determines that there is substantial evidence (including
evidence that neither the ownership nor management of the store
or food concern was aware of, approved, benefited from, or was
involved in the conduct or approval of the violation) that the
store or food concern had an effective policy and program in
effect to prevent violations of this chapter; and
(4) for a reasonable period of time to be determined by the
Secretary, including permanent disqualification, on the knowing
submission of an application for the approval or reauthorization to
accept and redeem coupons that contains false information about a
substantive matter that was a part of the application.
(c) Review
The action of disqualification or the imposition of a civil money
penalty shall be subject to review as provided in section 2023 of this
title.
(d) Bonds
As a condition of authorization to accept and redeem coupons, the
Secretary may require a retail food store or wholesale food concern
which has been disqualified or subjected to a civil penalty pursuant to
subsection (a) of this section to furnish a bond to cover the value of
coupons which such store or concern may in the future accept and redeem
in violation of this chapter. The Secretary shall, by regulation,
prescribe the amount, terms, and conditions of such bond. If the
Secretary finds that such store or concern has accepted and redeemed
coupons in violation of this chapter after furnishing such bond, such
store or concern shall forfeit to the Secretary an amount of such bond
which is equal to the value of coupons accepted and redeemed by such
store or concern in violation of this chapter. Such store or concern may
obtain a hearing on such forfeiture pursuant to section 2023 of this
title.
(e) Transfer of ownership; penalty in lieu of disqualification period;
fines for acceptance of loose coupons; judicial action to
recover penalty or fine
(1) In the event any retail food store or wholesale food concern
that has been disqualified under subsection (a) of this section is sold
or the ownership thereof is otherwise transferred to a purchaser or
transferee, the person or persons who sell or otherwise transfer
ownership of the retail food store or wholesale food concern shall be
subjected to a civil money penalty in an amount established by the
Secretary through regulations to reflect that portion of the
disqualification period that has not yet expired. If the retail food
store or wholesale food concern has been disqualified permanently, the
civil money penalty shall be double the penalty for a ten-year
disqualification period, as calculated under regulations issued by the
Secretary. The disqualification period imposed under subsection (b) of
this section shall continue in effect as to the person or persons who
sell or otherwise transfer ownership of the retail food store or
wholesale food concern notwithstanding the imposition of a civil money
penalty under this subsection.
(2) At any time after a civil money penalty imposed under paragraph
(1) has become final under the provisions of section 2023(a) of this
title, the Secretary may request the Attorney General to institute a
civil action against the person or persons subject to the penalty in a
district court of the United States for any district in which such
person or persons are found, reside, or transact business to collect the
penalty and such court shall have jurisdiction to hear and decide such
action. In such action, the validity and amount of such penalty shall
not be subject to review.
(3) The Secretary may impose a fine against any retail food store or
wholesale food concern that accepts food coupons that are not
accompanied by the corresponding book cover, other than the denomination
of coupons used for making change as specified in regulations issued
under this chapter. The amount of any such fine shall be established by
the Secretary and may be assessed and collected in accordance with
regulations issued under this chapter separately or in combination with
any fiscal claim established by the Secretary. The Attorney General of
the United States may institute judicial action in any court of
competent jurisdiction against the store or concern to collect the fine.
(f) Fines for unauthorized third parties that accept food stamps
The Secretary may impose a fine against any person not approved by
the Secretary to accept and redeem food coupons who violates any
provision of this chapter or a regulation issued under this chapter,
including violations concerning the acceptance of food coupons. The
amount of any such fine shall be established by the Secretary and may be
assessed and collected in accordance with regulations issued under this
chapter separately or in combination with any fiscal claim established
by the Secretary. The Attorney General of the United States may
institute judicial action in any court of competent jurisdiction against
the person to collect the fine.
(g) Disqualification of retailers who are disqualified under WIC program
(1) In general
The Secretary shall issue regulations providing criteria for the
disqualification under this chapter of an approved retail food store
or a wholesale food concern that is disqualified from accepting
benefits under the special supplemental nutrition program for women,
infants, and children established under section 1786 of title 42.
(2) Terms
A disqualification under paragraph (1)--
(A) shall be for the same length of time as the
disqualification from the program referred to in paragraph (1);
(B) may begin at a later date than the disqualification from
the program referred to in paragraph (1); and
(C) notwithstanding section 2023 of this title, shall not be
subject to judicial or administrative review.
(Pub. L. 88-525, Sec. 12, Aug. 31, 1964, 78 Stat. 707; Pub. L. 95-113,
title XIII, Sec. 1301, Sept. 29, 1977, 91 Stat. 974; Pub. L. 97-253,
title I, Secs. 175, 176(a), Sept. 8, 1982, 96 Stat. 781; Pub. L. 99-198,
title XV, Sec. 1532(a), Dec. 23, 1985, 99 Stat. 1582; Pub. L. 100-435,
title III, Sec. 344, Sept. 19, 1988, 102 Stat. 1664; Pub. L. 101-624,
title XVII, Secs. 1743-1745, Nov. 28, 1990, 104 Stat. 3795, 3796; Pub.
L. 103-66, title XIII, Secs. 13943, 13944, Aug. 10, 1993, 107 Stat. 677;
Pub. L. 104-127, title IV, Sec. 401(a), Apr. 4, 1996, 110 Stat. 1026;
Pub. L. 104-193, title VIII, Secs. 841-843, Aug. 22, 1996, 110 Stat.
2331, 2332.)
Amendments
1996--Subsec. (a). Pub. L. 104-193, Sec. 841, inserted at end
``Regulations issued pursuant to this chapter shall provide criteria for
the finding of a violation and the suspension or disqualification of a
retail food store or wholesale food concern on the basis of evidence
that may include facts established through on-site investigations,
inconsistent redemption data, or evidence obtained through a transaction
report under an electronic benefit transfer system.''
Subsec. (b)(3)(B). Pub. L. 104-127, Sec. 401(a), struck out
``(including evidence that neither the ownership nor management of the
store or food concern was aware of, approved, benefited from, or was
involved in the conduct or approval of the violation)'' after
``substantial evidence'' and substituted ``, including evidence that--''
and cls. (i) and (ii) for ``; or''.
Subsec. (b)(4). Pub. L. 104-193, Sec. 842, added par. (4).
Subsec. (g). Pub. L. 104-193, Sec. 843, added subsec. (g).
1993--Subsec. (b)(3)(B). Pub. L. 103-66, Sec. 13943, substituted
``for violations occurring during a single investigation'' for ``during
a 2-year period''.
Subsec. (b)(3)(C). Pub. L. 103-66, Sec. 13944, substituted
``substance (as'' for ``substances (as the term is'' and ``for
violations occurring during a single investigation'' for ``during a 2-
year period''.
1990--Subsec. (b)(3). Pub. L. 101-624, Sec. 1743, in subpar. (A)
struck out ``or'' after ``disqualification;'', in subpar. (B) inserted
``for each violation (except that the amount of civil money penalties
imposed during a 2-year period may not exceed $40,000)'' after
``$20,000'' and ``(including evidence that neither the ownership nor
management of the store or food concern was aware of, approved,
benefited from, or was involved in the conduct or approval of the
violation)'' after ``evidence'', and substituted ``; or'' for period at
end, and added subpar. (C).
Subsec. (e)(3). Pub. L. 101-624, Sec. 1744, added par. (3).
Subsec. (f). Pub. L. 101-624, Sec. 1745, added subsec. (f).
1988--Subsec. (b)(3). Pub. L. 100-435 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ``permanent upon the third
occasion of disqualification or the first occasion of a disqualification
based on the purchase of coupons or trafficking in coupons or
authorization cards by a retail food store or wholesale food concern.''
1985--Subsec. (e). Pub. L. 99-198 added subsec. (e).
1982--Subsec. (a). Pub. L. 97-253, Sec. 175(1)-(3), redesignated
first sentence as subsec. (a), substituted ``$10,000'' for ``$5,000'',
and struck out second sentence relating to disqualification.
Subsec. (b). Pub. L. 97-253, Sec. 175(3), added subsec. (b) relating
to disqualification.
Subsec. (c). Pub. L. 97-253, Sec. 175(4), redesignated last sentence
as subsec. (c).
Subsec. (d). Pub. L. 97-253, Sec. 176(a), added subsec. (d).
1977--Pub. L. 95-113 substituted revised provisions covering civil
money penalties and disqualification of retail food stores and wholesale
food concerns for provisions relating to the determination and
disposition of claims which are now covered by section 2022 of this
title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-66 effective, and to be implemented
beginning on, Oct. 1, 1993, see section 13971(a) of Pub. L. 103-66, set
out as a note under section 2025 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-624 effective and implemented first day of
month beginning 120 days after publication of implementing regulations
to be promulgated not later than Oct. 1, 1991, see section 1781(a) of
Pub. L. 101-624, set out as a note under section 2012 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-435 to be effective and implemented on Oct.
1, 1988, see section 701(a) of Pub. L. 100-435, set out as a note under
section 2012 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-253 effective Sept. 8, 1982, see section
193(a) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
Effective Date of 1977 Amendment
Section 1301 of Pub. L. 95-113 provided that the amendment made by
that section is effective Oct. 1, 1977.
Section Referred to in Other Sections
This section is referred to in sections 2016, 2018, 2023 of this
title; title 26 section 6109; title 42 section 405.
