Section 205.965

Title XII PUBLIC HEALTH AND WELFARE

Chapter 205

Effective - 01 Jan 2017, 2 histories, see footnote   

  205.965.  Federal regulations to be followed, inspections, audits — food stamp vendors to be approved and licensed, fees — actions to restrain violations, procedure — penalty — rulemaking procedure. — 1.  Counties, state agencies, issuing agencies, retail food outlets, wholesale food concerns, banks and all persons who participate in or administer any part of the distribution program of surplus agricultural commodities or a food stamp plan shall comply with all state and federal laws, rules and regulations applicable to such program or plans and shall be subject to inspection and audit by the family support division with respect to the operation of the program or plan.

  2.  To the extent authorized by federal law, all food stamp vendors shall be approved and licensed by the family support division.  The division may promulgate rules and regulations necessary to administer the provisions of this section.  The division shall set the amount of the fees for licensing food stamp vendors at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of this section.  An action may be brought by the department to temporarily or permanently enjoin or restrain any violation of this subsection or the regulations applicable thereto.  Any action brought under the provisions of this subsection shall be heard by the court within no more than twenty days after the action has been filed and service made upon the vendor.  Any person who in any way conducts business as a food stamp vendor without approval and license by the family support division shall be guilty of a class A misdemeanor.  A second offense within five years after the first conviction shall be a class E felony.

  3.  No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1969 S.B. 23 § 205.985, A.L. 1992 H.B. 899, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2014 H.B. 1299 Revision merged with S.B. 491)

Effective 1-01-17