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FOOD AND NUTRITION SERVICES MANUAL GENERAL PROCEDURES & REQUIREMENTS FNS 110 PURPOSE AND AUTHORITY OF THE FOOD & NUTRITION SERVICES PROGRAM

2 Change #02-2023 September 1, 2023 transfer (EBT) card or personal identification number (PIN), issued pursuant to the provisions of this act. B. Food and Nutrition Services benefits are an obligation of the United States within the meaning of Section 8 of Title 18, United States Code. The provision of Title 18 of the United States Code, “Crimes and Criminal Procedure,” relative to counterfeiting, misuse, and alteration of obligations of the United States are applicable to Food and Nutrition Services benefits, authorization cards, and access device systems. Any unauthorized issuance, use, transfer, acquisition, alteration, possession, or presentation of benefits may subject any individual, partnership, corporation, or other legal entity to prosecution under Sections 15(b) and (c) of the Food and Nutrition Act or under any other applicable federal, State or local law, regulation, or ordinance. Sections 15(b) and (c) of the Food and Nutrition Act read as follows: (b)(1) Subject to the provisions of paragraph (2) of this subsection, whoever knowingly uses, transfers, acquires, alters, or possesses benefits in any manner contrary to this act or the regulations issued pursuant to this act shall, if such benefits are of a value of $5000 or more, be guilty of a felony and shall be fined not more than $250,000 or imprisoned for not more than twenty years, or both, and shall, if such benefits are of the value of $100 or more, but less than $5000, or if the item used, transferred, acquired, altered, or possessed is an benefit that has a value of $100 or more, but less than $5000, (3) be guilty of a felony and shall, upon the first conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not less than six months nor more than five years and may also be fined not more than $10,000 or, if such benefits are of a value of less than $100, or if the item used, transferred, acquired, altered, or processed is an benefit that has a value of less than $100, shall be guilty of a misdemeanor, and, upon the first conviction thereof, shall be fined not more than $1000 or imprisoned for not more than one year, or both, and upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one year and may also be fined not more than $1000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the court from participating in the supplemental and nutrition assistance program for an additional period of up to eighteen months consecutive to that period of suspension mandated by section 6(b)(1) of this act. (b)(2) In the case of any individual convicted of an offense under paragraph (1) of this subsection, the court may permit such individual to perform work approved by the court for the purpose of providing restitution for losses incurred by the United States and the State agency as a result of the offense for which such individual was convicted. If the court permits such individual to perform such work and such individual agrees thereto, the court shall withhold the imposition of the sentence on the condition that such individual performs the assigned work. Upon the successful completion of the assigned work the court may suspend such sentence.