[Note: The provisions set forth below as the Food Stamp Act of 1964 will be superseded upon promulgation of regulations implementing the Food Stamp Act of 1977, P.L. 95–113, 91 Stat. 958, Sept. 29, 1977. The 1977 Act is set forth in full beginning at page 300C. AN ACT To strengthen the agricultural economy; to help to achieve a fuller and more effective use of food abundances; to provide for improved levels of nutrition among low-income households through a cooperative Federal-State program of food assistance to be operated through normal channels of trade; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Food Stamp Act of 1964". (7 U.S.C. 2011 note.) DECLARATION OF POLICY SEC. 2.2 It is hereby declared to be the policy of Congress, in order to promote the general welfare, that the Nation's abundance of food should be utilized cooperatively by the State, the Federal Government, local governmental units, and other agencies to safeguard the health and well-being of the Nation's population and raise levels of nutrition among low-income households. The Congress hereby finds that the limited food purchasing power of lowincome households contributes to hunger and malnutrition among members of such households. The Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in à beneficial manner of our agricultural abundances and will strengthen our agricultural economy, as well as result in more orderly marketing and distribution of food. To alleviate such hunger and malnutrition, a food stamp program is herein authorized which will permit low-income households to purchase a nutritionally adequate diet through normal channels of trade. (7 U.S.C. 2011.) DEFINITIONS SEC. 3. As used in this Act (a) The term "Secretary" means the Secretary of Agriculture. 1 P.L. 88-525, 78 Stat. 703, Aug. 31, 1964. The provisions of this Sec. were changed substantially by P.L. 91-671, 84 Stat. 2048. Jan. 11, 1971. (b) 2a The term "food" means any food or food product for home consumption except alcoholic beverages and tobacco and shall also include seeds and plants for use in gardens to produce food for the personal consumption of the eligible household. (c) The term "coupon" means any coupon, stamp, or type of certificate issued pursuant to the provisions of this Act. (d) The term "coupon allotment" means the total value of cou pons to be issued to a household during each month or other time period. (e) The term "household" shall mean a group of related individuals (including legally adopted children and legally assigned foster children) or non-related individuals over age 60 who are not residents of an institution or boarding house, but are living as one economic unit sharing common cooking facilities and for whom food is customarily purchased in common. The term "household" shall also mean (1) a single individual living alone who has cooking facilities and who purchases and prepares food for home consumption, or (2) an elderly person who meets the requirements of section 10(h) of this Act. For the period ending September 30, 1978, no individual who receives supplemental security income benefits under title XVI of the Social Security Act, State supplementary payments described in Sec. 1616 of such Act, or payments of the type referred to in Sec. 212(a) of P.L. 93-66, shall be considered to be a member of a household or an elderly person for purposes of this Act for any month during such period, if. for such months, such individual re sides in a State which provides State supplementary payments (A) of the type described in Sec. 1616(a) of the Social Security Act and (B) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. (f) The term "retail food store" means an establishment, including a recognized department thereof, or a house-to-house trade rout 2a This definition was amended by Sec. 3(1) of the Agriculture and Consumer Prote tion Act of 1973, P.L. 93-86. 87 Stat. 248. Aug. 10, 1973, to make imported foods an seeds and plants eligible for purchase with food coupons. The definition of "household" was amended by P.L. 91-671, 84 Stat. 2048, Jan. 11 1971, to require that, with some exceptions, a household shall consist of related ind viduals and to include elderly persons. In U.S. Department of Agriculture v. Moren 413 U.S. 528 (1973), the Court held the "related person" provision unconstitutional. Sec. 3(a), (b), and (p) of the Agriculture and Consumer Protection Act of 197 P.L. 93-86, 87 Stat. 246, August 10, 1973, added a clause (3) to the second senten and three additional sentences (in lieu of a sentence which had been added by Sec. 41 of P.L. 92-603, 86 Stat. 1491, Oct. 30, 1972, effective Jan. 1, 1974). Sec. 8 of P.1 93-233, 87 Stat. 956, Dec. 31. 1973, amended the section to read as it did befor amendment by P.L. 92-603 and P.L. 93-86. and added the last sentence, resulting the version of paragraph (e) set forth in the text. These changes were to be effectiv only for the 6-month period beginning Jan. 1, 1974. The 6-month period was extende to 18 months by P.L. 93-335, 88 Stat. 291. July 8, 1974; to 30 months by P.L. 94-4 89 Stat. 235, June 28, 1975; to June 30, 1977, by P.L. 94-365, 90 Stat. 990. July 1 1976; and to September 30, 1978, by P.L. 95-59, 91 Stat. 255. June 30, 1977. Abser further extensions, the subsection, after the words "this Act" will read as follow effective October 1, 1978, unless this Act has been superseded by implementation of t Food Stamp Act of 1977: or (3) any narcotics addict or alcoholic who lives under the supervision of a priva nonprofit organization or institution for the purpose of regular participation in a dr or alcoholic treatment and rehabilitation program. Residents of federally subsidiz housing for the elderly, built under either section 202 of the Housing Act of 1959 ( U.S.C. 1701g), or section 236 of the National Housing Act (12 U.S.C. 1715z-1) sha not be considered residents of an institution or boarding house for purposes of eligibili for food stamps under this Act." An additional sentence relating to the eligibility SSI recipients, which had been added by sec. 3(b) of P.L. 93-86, was repealed by se 1302, P.L. 95-113, 91 Stat. 979, Sept. 29, 1977. which sells food to households for home consumption. It shall also mean a political subdivision or a private nonprofit organization or institution that meets the requirements of section 10(h) and 10(i) of this Act.5 (g) The term "wholesale food concern" means an establishment which sells food to retail food stores for resale to households. 6 (h) The term "State agency", with respect to any State, means the agency of State government which is designated by the Secretary for purposes of carrying out this Act in such State. (i) The term "bank" means member or nonmember banks of the Federal Reserve System. 7 (j) The term "State" means the fifty States and the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States. (k) The term "food stamp program" means any program promulgated pursuant to the provisions of this Act. (1) The term "elderly person" shall mean a person sixty years of age or over who is not a resident of an institution or boarding house, and who is living alone, or with spouse, whether or not he has cooking facilities in his home. 8 (m) The term "authorization to purchase card" means any document issued by the State agency to an eligible household which shows the face value of the coupon allotment the household is entitled to be issued on presentment of such document and the amount to be paid by such household for such allotment. (n) 8a The term "drug addiction or alcoholic treatment and rehabilitation program" means any drug addiction or alcoholic treatment and rehabilitation program conducted by a private nonprofit organization or institution which is certified by the State agency or agencies designated by the Governor as responsible for the administration of the State's program for alcoholics and drug addicts pursuant to Public Law 91-616 "Comprehensive Alcohol Abuse and Alcohol Prevention, Treatment, and Rehabilitation Act" and Public Law 92255 "Drug Abuse Office and Treatment Act of 1972" as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics. (0) 8b The term "coupon vendor" means any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated administrative responsibility in connection with, the issuance of coupons to households. (7 U.S.C. 2012.) 5 The last sentence was added by P.L. 91-671. 84 Stat. 2048. Jan. 11. 1971. and amended by Sec. 3(c) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 249, Aug. 10, 1973, to add "or institution" and "or 10(i)”. This definition was substituted for the previous definition by Sec. 411 of P.L. 92-603, 86 Stat. 1491, Oct. 30, 1972. 7 P.L. 91-671, 84 Stat. 2048, Jan. 11, 1971, added Guam, Puerto Rico, and the Virgin Islands. 8 Subsecs. (1) and (m) were added by P.L. 91-671, 84 Stat. 2048. Jan. 11, 1971. Sa Subsec. (n) was added by Sec. 3(c) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 246, August 10, 1973. sb Subsec. (o) was added by Sec. 4 of the Emergency Food Stamp Vendor Accountability Act of 1976, P.L. 94-339, 90 Stat. 801, July 5, 1976. [PART A, TITLE IV—SOCIAL SECURITY ACT FOOD STAMP DISTRIBUTION TO AFDC FAMILIES SEC. 410.22 (a) Any State plan for aid and services to needy famhes with children may (but is not required under this title or any ther provision of Federal law to) provide for the institution of procedures, in any or all areas of the State, by the State agency dministering or supervising the administration of such plan under hich any household participating in the food stamp program estabished by the Food Stamp Act of 1964, as amended, will be entitled, fit so elects, to have the charges, if any, for its coupon allotment under such program deducted from any aid, in the form of money ayments, which is (or, except for the deduction of such charge, ould be) payable to or with respect to such household (or any member or members thereof) under such plan and have its coupon llotment distributed to it with such aid. (b) Any deduction made pursuant to an option provided in accordance with subsection (a) shall not be considered to be a payment described in section 406 (b) (2). (c) Notwithstanding any other provision of law, no agency which designated as a State agency for any State under or pursuant to the Food Stamp Act of 1964, as amended, shall be regarded as aving failed to comply with any requirement imposed by or purant to such Act solely because of the failure, of the State agency administering or supervising the administration of the State plan approved under this part) of such State, to institute or carry out procedure, described in subsection (a). (b) Administrative costs incurred by a State plan for aid and ervices to needy families with children, approved under Part A of title IV of the Social Security Act, in conducting procedures described in section 410 of such Act, as added by subsection (a) of this section) in connection with the food stamp program shall be paid from funds appropriated to carry out the Food Stamp Act of 1964, as amended. (42 U.S.C. 610.)] [AGRICULTURE AND RELATED AGENCIES APPROPRIATIONS ACT, FISCAL YEAR 1978 For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, as amended, $5,627,000,000: Provided, That funds provided herein shall remain available until expended in acordance with section 16 of the Food Stamp Act of 1964, as amended: Provided further, That no part of the funds appropriated by this Act shall be used during the fiscal year ending September 30, 1978, to make food stamps available to any household, to the extent that the This section was added by P.L. 94-585, 90 Stat. 2901, Oct. 21, 1976. |