PRINTER'S NO. 2344
No. 1822 Session of 1994
INTRODUCED BY HECKLER, HELFRICK, HART, WENGER, BRIGHTBILL,
FISHER, BAKER, SALVATORE, BELL, MADIGAN AND RHOADES,
AUGUST 3, 1994
REFERRED TO PUBLIC HEALTH AND WELFARE, AUGUST 3, 1994
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for buying or
3 exchanging Federal food order coupons, stamps or
4 authorization cards and for fraudulent traffic in food
5 orders.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 7313 and 7314 of Title 18 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 7313. Buying or exchanging Federal food order coupons, stamps
11 or authorization cards.
12 (a) Offense defined.--A person [is guilty of a misdemeanor
13 of the third degree] commits the offense of buying or exchanging
14 Federal food order coupons, stamps or authorization cards if he,
15 not being authorized to do so by the United States Department of
16 Agriculture, [shall buy or exchange] buys or exchanges Federal
17 food order coupons, stamps or authorization cards for currency,
18 or if he [shall accept or cause] accepts or causes to be
19 accepted Federal food order coupons, stamps or authorization
1 cards in exchange for any merchandise or article except food, as
2 defined by the United States Department of Agriculture, or
3 Federal food order coupons, stamps or authorization cards in
4 exchange for merchandise or articles, not defined by the United
5 States Department of Agriculture to be surplus foods.
6 (b) Grading.--A person who violates this section commits a
7 felony of the third degree if the amount involved exceeds
8 $1,000. If the amount involved is less than $1,000, the person
9 commits a misdemeanor of the first degree. Amounts involved in
10 buying or exchanging Federal food order coupons, stamps or
11 authorization cards committed pursuant to one scheme or course
12 of conduct, whether from the same person or several persons,
13 shall be aggregated in determining the grade of the offense.
14 § 7314. Fraudulent traffic in food orders.
15 (a) Offense defined.--A person [is guilty of a summary
16 offense] commits the offense of fraudulent traffic in food
17 orders if he, whether acting for himself or for another,
18 directly or indirectly, furnishes or delivers to any person
19 money, merchandise, or anything other than food, on or in
20 exchange for a food order, or furnishes or delivers food on or
21 in exchange for a food order to any person, other than the
22 original recipient of the order, or in quantities or for prices
23 other than those itemized on the food order at the time the food
24 is furnished or delivered.
25 (a.1) Grading.--A person who violates this section commits a
26 felony of the third degree if the amount involved exceeds
27 $1,000. If the amount involved is less than $1,000, the person
28 commits a misdemeanor of the first degree. Amounts involved in
29 fraudulent traffic in food orders committed pursuant to one
30 scheme or course of conduct, whether from the same person or
19940S1822B2344 - 2 -
1 several persons, shall be aggregated in determining the grade of
2 the offense.
3 (b) Additional penalty.--In addition to the penalties
4 otherwise prescribed, the defendant shall also be adjudged to
5 pay to the agency which shall have issued such food order, the
6 face amount thereof.
7 (c) Exception.--Subsection (a) of this section shall not
8 apply to the negotiation of a food order after food to the full
9 amount of the order shall have been furnished thereon to the
10 original recipient of the order.
11 (d) Definition.--As used in this section, the term "food
12 order" means any order issued by or under the authority of any
13 public relief or assistance agency, authorizing the furnishing
14 and delivery of food to any person therein named or described.
15 Section 2. This act shall take effect in 60 days.
G6L18PJP/19940S1822B2344 - 3 -