Food and Nutrition Service
HomeAbout SNAP
NewsroomHelpContact USEn Espanol

 

 


  

Search all USDA
Search Tips
Search Tips
Email Updates


Sign-up to receive free email updates

 
Browse by Audience
  


Disaster Assistance
Employment & Training
Grants
Informational Materials
Nutrition Education
Outreach
Program Data
Program Improvement
Program Policy
Quality Control
Research & Reports
Topics A to Z

Supplemental Nutrition Assistance Program

Legislative History


The Food Stamp Act of 1964
P.L. 88-525, 78 Stat. 703-709
Aug. 31, 1964
 
Authorized a food stamp program to permit low income households to receive "a greater share of the Nation's food abundance".
Defined the following terms as follows:
  -- "Secretary" to mean the Secretary of Agriculture
  -- "food" to mean any food or food product for human consumption except alcoholic beverages, tobacco, those foods which are identified on the package as being imported, and meat and meat products which are imported.
  -- "coupon" to mean any coupon, stamp, or type of certificate issued pursuant to the provisions of the FSA
  -- "coupon allotment" to mean the total value of coupons to be issued to a household during each month or other time period
  -- "household" to mean a group of related or non-related individuals, 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. Term also to mean a single individual living alone who has cooking facilities and who purchases and prepares food for home consumption.
  -- "retail food store" to mean an establishment, including a recognized department thereof, or a house-to-house trade route which sells food to households for home consumption.
  -- "wholesale food concern" to mean an establishment which sells food to retail food stores for resale to households
  -- "State agency" to mean the agency of the State government which has responsibility for the administration of the federally aided public assistance programs
  -- "bank" to mean member or nonmember banks of the Federal Reserve System
  -- "State" to mean the fifty States and the District of Columbia
  -- "food stamp program" to mean any program promulgated pursuant to the provisions of the FSA.
Authorized the Secretary to formulate and administer a FSP under which, at the request of an appropriate State agency, eligible households within the State shall be provided with an opportunity more nearly to obtain a nutritionally adequate diet through the issuance to them of a coupon allotment which shall have a greater monetary value than their normal expenditures for food.
Coupons to be used only to purchase food from retail food stores which have been approved for participation in the FSP.
Coupons issued and used to be redeemable at face value by the Secretary through the facilities of the Treasury of the U.S.
Prohibited distribution of federally owned foods to households under the authority of any other law except during emergency situations caused by a national or other disaster as determined by the Secretary.
Secretary to issue regulations, not inconsistent with the FSA, as he deems necessary or appropriate for the effective and efficient administration of the FSP.
FSP participation limited to those households whose income is determined to be a substantial limiting factor in the attainment of a nutritionally adequate diet.
Each State agency to establish standards to determine the eligibility of applicant households. Standards to include maximum income limitations consistent with the income standards used by the State agency in administration of its federally aided public assistance programs. Standards to also place a limitation on the resources to be allowed eligible households. Eligibility standards to be approved by the Secretary.
Coupons to be printed in such denominations as may be necessary, and issued only to eligible households.
Coupons issued to eligible households to be used only to purchase food in retail food stores which have been approved for participation in the FSP at prices prevailing in such stores.
Secretary prohibited from specifying prices at which food may be sold by wholesale food concerns or retail food stores.
Coupons to be simple in design. The name of any public official not to appear on coupons.
Face value of coupon allotment to be in such amount as will provide households with an opportunity more nearly to obtain a low-cost nutritionally adequate diet.
Households charged such portion of the face value of the coupon allotment issued to them as is determined to be equivalent to their normal expenditures for food.
Bonus value not to be considered income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs.
Funds derived from the charges made for the coupon allotment to be promptly deposited in a manner prescribed in regulations, in a separate account maintained in the Treasury of the U.S. for such purpose.
Regulations to provide for the submission of applications for approval by retail food stores and wholesale food concerns which desire to be authorized to accept and redeem coupons under the FSP and for the approval of applicants whose participation will effectuate the purposes of the FSP.
Regulations to require an applicant retail food store or wholesale food concern to submit information which will permit a determination to be made as to whether such applicant qualifies, or continues to qualify, for approval under the FSA or regulations. Regulations to provide for safeguards which restrict the use or disclosure of such information to purposes directly connected with administration and enforcement of the provisions of the FSA or regulations.
Retail food store or wholesale food concern which has failed to receive approval to participate in the FSP may obtain a hearing on such refusal.
Regulations to provide for the redemption of coupons accepted by retail food stores through approved wholesale food concerns or through banks, with the cooperation of the Treasury Dept.
State agency of each participating State to assume responsibility for the certification of applicant households and for the issuance of coupons. Records to be kept as necessary to ascertain whether the program is being conducted in compliance with the provisions of the FSA and regulations. Records to be available for inspection and audit and to be preserved for such period of time, not in excess of three years, as may be specified in regulations.
Discrimination against any household by reason of race, religious creed, national origin, or political beliefs prohibited in the certification of applicant households.
Participating States or political subdivisions prohibited from decreasing welfare grants or other similar aid extended to any person or persons as a consequence of such person's or persons' participation in benefits made available under the FSA or regulations.
State agencies desiring to participate in the FSP required to submit a plan of operation specifying the manner in which the program will be conducted within the State. Plan to include standards to be used in determining the eligibility of applicant households; that certification of applicant households are to be undertaken in accordance with the general procedures and personnel standards used by them in the certification of applicants under the federally aided public assistance programs; safeguards which restrict the use or disclosure of information obtained from applicant households to persons directly connected with the administration or enforcement of the FSA or regulations; and for the submission of such reports and other information as may be required. Secretary to provide for an equitable and orderly expansion among the several States in accordance with their relative need and readiness to meet their requested effective dates of participation.
Secretary to direct that there be no further issuance of coupons in the political subdivisions where there is a failure by a State agency to comply substantially with the provisions of the FSA, or with the State plan of operation, following a reasonable period of time for the correction of such failure, until such time as satisfactory corrective action has been taken.
States are liable to the Federal Government for the cost of gross negligence or fraud in the certification of applicant households.
Any approved retail food store or wholesale food concern may be disqualified from further participation on a finding that it has violated any of the provisions of the FSA or regulations. Disqualification period to be determined in accordance with regulations and subject to review.
Secretary has the power to determine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of the FSA or regulations.
Notice of administrative action to be issued to retail food store or wholesale food concern whenever:
  --
--
--
 
an application to participate is denied
a retail food store or a wholesale food concern in disqualified, or
all or part of any claim of a retail food store or wholesale food concern is denied.
 
If store or concern is aggrieved by such action, it may, within 10 days of the date of delivery of such notice, file a written request for an opportunity to submit information in support of its position to such person or persons as the regulations may designate If such a request is made, such information as may be submitted, as well as such other information as may be available, shall be reviewed by the person or persons designated, who shall make a final determination which shall which shall take effect fifteen days after the date of the delivery of the final determination. If the store or concern feels aggrieved by such final determination he may obtain judicial review by filing a complaint in the U.S. district court or in any court of record of the State having competent jurisdiction, within 30 days after the date of delivery or service of the final notice of determination upon him.
Secretary may provide for the issuance or presentment for redemption of coupons to such person or persons, and at such times and in such manner, as he deems necessary.
$10,000 fine or five year imprisonment for anyone who knowingly uses, transfers, acquires, or possesses coupons in any manner not authorized by the FSP or regulations, or whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of the FSA or regulations if such coupons are of the value of $100 or more. $5,000 fine or one year imprisonment if such coupons are of the value of less than $100.
Coupons issued pursuant to the FSA to be deemed to be obligations of the U.S.
Each State responsible for financing, the costs of carrying out the administrative responsibilities assigned to it under the FSA including, but not limited to, the certification of households; the acceptance, storage, and protection of coupons after their delivery to receiving points within the States; and the issuance of such coupons to eligible households and the control and accounting therefor.
Secretary authorized to cooperate with State agencies in the certification of households which are not receiving any type of public assistance. Cooperation to include payments to State agencies for part of the cost they incur in the certification of such households. The amount of such payment to be 50% of the sum of: (1) the direct salary costs (including the cost of such fringe benefits as are normally paid to its personnel by the State agency) of the personnel necessary to certify the eligibility of such households, and of the immediate supervisor of such personnel, for such periods of time as they are employed in certifying the eligibility of such households; (2) travel and related costs incurred by such personnel in post interview field investigations of such households; and (3) an amount not to exceed 25% of the costs computed under (1) and (2) above.
Appropriated $75 million for FY 1965, $100 million for FY 1966, $200 million for FY 1967, and not in excess of such sum as may hereafter be authorized by Congress for any subsequent FY. Bonus amounts of such appropriation to be transferred to a separate Treasury account.
Secretary to limit the value of bonus coupons, to an amount which is not in excess of the portion of the appropriation for such FY which is transferred to the separate account. If the Secretary finds that the requirements of participating States will exceed this limitation, the Secretary must direct State agencies to reduce the amount of such coupons to be issued to participating households to the extent necessary to comply with the provisions of this section.
If Secretary determines that any of the funds in the separate account are no longer required to carry out the provisions of the FSA, such portion of such funds were to be paid into the miscellaneous receipts of the Treasury.
Amounts expended under this act not to be considered amounts expended for the purpose of carrying out the agricultural price-support program and appropriations for the purposes of this Act shall be considered, for the purpose of budget presentations, to relate to the functions of the Government concerned with welfare.

Last modified: 02/16/2012