12 2 STA T . 111 4PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 200 8PARTIV— PR OG RA M I N T E GRIT YSEC.413 1.E LIG I B ILI TYD IS QUA LI F ICATI ON . Section6 o f t h e F oo da nd Nu t r ition A ct of 20 0 8(7U. S. C . 20 15) i s a m ended by addin g at the end the fo l lo w ing
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‘( p ) DISQUAL I F I C A T I ON FO ROB TAININ G CAS H B Y D E STROYING FOO D AND COLLECTING DE P OSITS. — Sub j ect to any re q uirements established by the Secretary , any person who has been found by a State or Federal court or administrati v e agency in a hearing under subsection (b) to have intentionally obtained cash by pur - chasing products with supplemental nutrition assistance program benefits that have containers that require return deposits, dis- carding the product, and returning the container for the deposit amount shall be ineligible for benefits under this Act for such period of time as the Secretary shall prescribe by regulation. ‘‘(q) DISQUALIFICATION FOR SALE OF FOOD P URCHASED W ITH SUPPLE M ENTAL NUTRITION ASSISTANCE PROGRAM B ENEFITS.—Sub- ject to any requirements established by the Secretary, any person who has been found by a State or Federal court or administrative agency in a hearing under subsection (b) to have intentionally sold any food that was purchased using supplemental nutrition assistance program benefits shall be ineligible for benefits under this Act for such period of time as the Secretary shall prescribe by regulation. ’ ’. SEC. 413 2 .CI V IL P ENALTIES AND DISQUALIFICATION OF R ETAIL FOOD STORES AND WH OLESALE FOOD CONCERNS. Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021) is amended— (1) by stri k ing the section designation and heading and all that follows through the end of subsection (a) and inserting the following: ‘ ‘SEC. 12. CIVIL PENALTIES AND DISQUALIFICATION OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS. ‘‘(a) DISQUALIFICATION.— ‘‘(1) I N GENERAL.—An approved retail food store or whole- sale food concern that violates a provision of this Act or a regulation under this Act may be— ‘‘(A) disqualified for a specified period of time from further participation in the supplemental nutrition assist- ance program
‘‘(B) assessed a civil penalty of up to $ 100,000 for each violation; or ‘‘(C) both. ‘‘(2) R EGULATIONS.—Regulations promulgated under this Act shall provide criteria for the finding of a violation of, the suspension or disqualification of and the assessment of a civil penalty against a retail food store or wholesale food concern on the basis of evidence that may include facts estab- lished through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system.’’; (2) in subsection (b)— (A) by striking ‘‘(b) Disqualification’’ and inserting the following: Regulations.
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