An Act to strengthen the agricultural economy to help to achieve a fuller and more effective use of food abundances to provide for improved levels of nutrition among economically needy households through a cooperative Federal-State program of food assistance to
PL 88-525 (H.R.10222), enacted 08/31/1964

78 STAT.] 
PUBLIC LAW 88-525-AUG. 31, 1964 
703 
Public Law 88-525 
AN ACT 
To strengthen the agricultural economy; to help to achieve a fuller and more 
effective use of food abundances; to provide for improved levels of nutrition 
among low-income households through a cooperative Federal-State program 
of food assistance to be operated through normal channels of trade; and 
for other purposes. 
Be it enacted 6y the Senate a/nd Hovise of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as "The Food Stamp Act of 1964". 
August 31, 1964 
[H. R. 10222] 
The Food Stamp 
Act of 1964. 
DECLARATION OF POLICY 
SEC. 2. It is hereby declared to be the policy of Congress, in order 
to promote the general welfare, that the Nation's abundance of food 
should be utilized cooperatively by the States, the Federal Govern-
ment, and local governmental units to the maximum extent practicable 
to safeguard the health and well-being of the Nation's population and 
raise levels of nutrition among low-income households. The Congress 
hereby finds that increased utilization of foods in establishing and 
maintaining adequate national levels of nutrition will tend to cause 
the distribution in a beneficial manner of our agricultural abundances 
and will Strengthen our agricultural economy, as well as result in more 
orderly marketing and distribution of food. To effectuate the policy 
of Congress and the purposes of this Act, a food stamp program, 
which will permit those households with low incomes to receive a 
greater share of the Nation's food abundance, is herein authorized. 
DEFINITIONS 
SEC. 3. As used in this Act— 
(a) The term "Secretary" means the Secretary of Agriculture. 
(b) The term "food" means 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. 
(c) The term "coupon" means any coupon, stamp, or type of cer-
tificate issued pursuant to the provisions of this Act. 
(d) The ter^ "coupon allotment" means the total value of coupons 
to be issued to a household during each month or other time period. 
(e) The term "household" shall 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. 
The term "household" shall also mean a single individual living alone 
who has cooking facilities and who purchases and prepares food for 
home consumption. 
(f) The term "retail food store" means an establishment, including 
a recognized department thereof, or a house-to-house trade route 
which sells food to households for home consumption. 
(g) The term "wholesale food concern" means an establishment 
which sells food to retail food stores for resale to households. 
(h) The term "State agency" means the agency of the State govern-
ment which has responsibility for the administration of the federally 
aided public assistance programs. 
(i) The term "bank" means member or nonmember banks of the 
Federal Reserve System. 
(j) The term "State" means the fifty States and the District of 
Columbia. 
704 
PUBLIC LAW 88-525-AUG. 31, 1964 
[78 STAT. 
(k) The term "food stamp program" means any program promul-
gated pursuant to the provisions of this Act. 
Distribution 
during emergen-
cies. 
ESTABLISHMENT OF THE FOOD STAMP PROGRAM 
SEC. 4. (a) The Secretary is authorized to formuhite and administer 
a food stamp program 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. The coupons so received by such households shall be used only 
to purchase food from retail food stores which have been approved 
for participation in the food stamp program. Coupons issued and used 
as provided in this Act shall be redeemable at face value by the Secre-
tary through the facilities of the Treasury of the United States. 
(b) In areas where a food stamp program is in effect, there shall be 
no 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. 
(c) The Secretary shall issue such regulations, not inconsistent with 
this Act, as he deems necessary or appropriate for the effective and 
efficient administration of the food stamp program. 
standards. 
Restriction. 
ELIGIBLE HOU8EHOL1XS 
SEC. 5. (a) Participation in the food stamp program shall be limited 
to those households whose income is determined to be a substantial 
limiting factor in the attainment of a nutritionally adequate diet. 
(b) In complying with the limitation on participation set forth in 
subsection (a) above, each State agency shall estaolish standards to 
determine the eligibility of applicant households. 
Such standards 
shall include maximum income limitations consistent with the income 
standards used by the State agency in administration of its federally 
aided public assistance programs. 
Such standards also shall place a 
limitation on the resources to be allowed eligible households. 
The 
standards of eligibility to be used by each State for the food stamp 
program shall m subject to the approval of the Secretary. 
ISSUANCE AND USE OF COUPONS 
SEC. 6. (|a) Coupons shall be printed in such denominations as may 
be determined to be necessary, and shall be issued only to households 
which have been duly certified as eligible to participate in the food 
stamp program. 
(b) Coupons issued to eli^ble households shall be used by them 
only to purchase food in retail food stores which have been approved 
for participation in the food stamp j)rogram at prices prevailing 
in such stores: Provided, That nothing in this Act shall be construed 
as authorizing the Secretary to specity the prices at which food may 
be sold by wholesale food concerns or retail food stores. 
(c) Coupons issued to eligible households shall be simple in design 
and shall include only such words or illustrations as are required to 
explain their purpose and define their denomination. 
The name of 
any public official shall not appear on such coupons. 
78 STAT.] 
PUBLIC L
A
W 88-525-AUG. 31, 1964 
705 
A'ALUE OF THK t'OUPON ALLOTMENT AND <.'HAK(JES TO BE MADE 
SEC. 7. (a) The face value of the coupon allotment which State 
agencies shall be authorized to issue to households certified as eligible 
to participate in the food stamp program shall be in such amount as 
will provide such households with an opportunity more nearly to 
obtain a low-cost nutritionally adequate diet. 
(b) Households shall be charged such portion of the face value 
of the coupon allotment issued to them as is determined to be equitalent 
to their normal expenditures for food. 
(c) The value of the coupon allotment provided to any eligible 
household which is in excess of the amount charged such households 
for such allotment shall not be considered to be 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. 
(d) Funds derived from the charges made for the coupon allot-
ment shall be promptly deposited in a manner prescribed in the regu-
lations issued pursuant to this Act, in a separate account maintained 
ill the Treasury of the United States for such purpose. Such deposits 
shall be available, without limitation to fiscal years, for the redemp-
tion of coupons. 
APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS 
SEC. 8. (a) Regulations issued pursuant to this Act shall 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 food stamp program and for the 
approval of those applicants whose participatx©n will effectuate the 
j)urposes of the food stamp program. In detennining the qualifica-
tions of applicants there shall be considered among such other factors 
as may be appropriate, the following: (1) the nature and extent of 
the retail or wholesale food business conducted by the applicant; (2) 
the volume of coupon business which may reasonably be expected to 
be conducted by the apj>licant retail food store or wholesale food 
concern; and (3) the business integrity and reputation of the appli-
cant. Approval of an applicant shall be evidenced by the issuance 
to such applicant of a nontransferable certificate of approval. 
(b) Regulations issued pursuant to this Act shall recgjuire an appli-
cant 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 
provisions of this Act or the regulations issued pursuant to this 
Act. Regulations issued pursuant to this Act shall provide for safe-
guards which restrict the use or disclosure of information obtained 
under the authority granted by this subsection to purposes directly 
connected with administration and enforcement of the provisions of 
this Act or the regulations issued pursuant to this Act. 
(c) Any retail food store or wholesale food concern which has 
failed upon application to receive approval to participate in the food 
stamp program may obtain a hearing on such refusal as provided in 
section 13 of this Act. 
Charges. 
Qualifications. 
Hearing. 
Poat, p. 70 7. 
REDEMPTION OF COUPONS 
SEC. 9. Regulations issued pursuant to this Act shall provide for 
the redemption of coupons accepted by retail food stores through 
approved wholesale food concerns or through banks, with the coop-
eration of the Treasury Department. 
706 
PUBLIC LAW 88-525-AUG. 31, 1964 
[78 STAT. 
ADMINISTRATION 
Federal and 
State agencies, 
cooperation. 
State agency, 
responsibility. 
Records 
Discrimination, 
prohibition. 
Welfare grants. 
State plan of 
operation, submis-
sion. 
Compliance. 
SEC. 10. (a) All practicable efforts shall be made in the administra-
tion of the food stamp program to insure that participants use their 
increased food purchasing power to obtain those staple foods most 
needed in their diets, and particularly to encourage the continued use 
of those in abundant or surplus supply so as not to reduce the total 
consumption of surplus commodities which have been made available 
through direct distribution. 
In addition to such steps as may be 
taken administratively, the voluntary cooperation of existing Federal, 
State, local, or private agencies which carry out informational and 
educational programs for consumers shall be enlisted. 
(b) The State agency of each participating State shall assume 
responsibility for the certification of applicant households and for the 
issuance of coupons: Provided^ That the State agency may, subject to 
State law, delegate its responsibility in connection with the issuance of 
coupons to another agency of the State government. There shall be 
kept such records as may be necessary to ascertain w^hether the program 
is being conducted in compliance with the provisions of this Act and 
the regulations issued pursuant to this Act. 
Such records shall be 
available for inspection and audit at any reasonable time and shall be 
preserved for such period of time, not in excess of three years, as may 
be specified in the regulations. 
(c) In the certification of applicant households for the food stamp 
program there shall be no discrimination against any household by 
reason of race, religious creed, national origin, or political beliefs. 
(d) Participating States or participating political subdivisions 
thereof shall not decrease 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 provisions of this 
Act or the regulations issued pursuant to this Act. 
(e) The State agency of each State desiring to participate in the 
food stamp program shall submit for approval a plan of operation 
specifying the manner in which such program will be conducted within 
the State, the political subdivisions within the State in which the 
State desires to conduct the program, and the effective dates of par-
ticipation by each such political subdivision. In addition, such plan of 
operation shall provide, among such other provisions as may by 
regulation be required, the following: (1) the specific standards to be 
used in determining the eligibility of applicant households; (2) that 
the State agency shall undertake the certification of applicant house-
holds in accordance with the general procedures and personnel stand-
ards used by them in the certification of applicants for benefits under 
the federally aided public assistance programs; (3) safeguards which 
restrict the use or disclosure of information obtained from applicant 
households to persons directly connected with the administration or 
enforcement of the provisions of this Act or the regulations issued 
pursuant to this Act; and (4) for the submission of such reports and 
other information as may from time to time be required. In approving 
the participation of the subdivisions requested by each State in its 
plan of operation, the Secretary shall 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. 
(f) If the Secretary determines that in the administration of the 
program there is a failure by a State agency to comply substantially 
with the provisions of this Act, or with the regulations issued pur-
suant to this Act, or wnth the State plan of operation, he shall inform 
such State agency of such failure and shall allow the State agency a 
78 STAT.1 
PUBLIC L
A
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707 
reasonable period of time for the correction of such failure. Upon 
the expiration of such period, the Secretary shall direct that there be 
no further issuance of coupons in the political subdivisions where 
such failure has occurred until such time as satisfactory corrective 
action has been taken. 
(g) If the Secretary determines that there has been gross negli- fr^^f ^^*"''* °' 
gence or fraud on the part of the State agency in the certification of 
applicant households, the State shall upon request of the Secretary 
deposit into the separate account authorized by section 7 of this Act, 
a sum equal to the amount by which the value of any coupons issued 
as a result of such negligence or fraud exceeds the amount that was 
charged for such coupons under section 7(b) of this Act. 
DISQUALIFICATION OF RETAIL FOOD STORES AND WHOLESALE FOOD 
CONCERNS 
SEC. 11. Any approved retail food store or wholesale food concern 
may be disqualified from further participation in the food stamp 
program on a finding, made as specified in the regulations, that such 
store or concern has violated any of the provisions of this Act, or of 
the regulations issued pursuant to this Act. Such disqualification 
shall be for such period of time as may be determined in accordance 
with regulations issued pursuant to this Act. The action of dis()[ualifi-
cation shall be subject to review as provided in section 13 of this Act. 
DETIJRMINATION AND DISPOSITION OF CLAIMS 
SEC. 12. The Secretary shall have 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 pro-
visions of this Act or the regulations issued pursuant to this Act. 
ADMINISTRATIVE AND JUDICIAL REVIEW 
SE(^. 13. Whenever— 
(a) an application of a retail food store or wholesale food 
concern to participate in the food stamp program is denied, 
(b) a retail food store or a wholesale food concern is disquali-
fied under the provisions of section 11 of this Act, or 
(c) all or part of any claim of a retail food store or whole-
sale food concern is denied under the provisions of section 12 of 
this Act, notice of such administrative action shall be issued to 
the retail food store or w^holesale food concern involved. Such 
notice shall be delivered by certified mail or personal service. If 
such store or concern is aggrieved by such action, it may, in 
accordance with regulations promulgated under this Act, with-
in ten 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 not made or if such store or con-
cern fails to submit information in support of its position after 
filing a request, the administrative determination shall be final. 
If such a request is made by such store or concern, such infor-
mation as may be submitted by the store or concern, as well as 
such other iniormation as may be available, shall be reviewed by 
the person or persons designated, who shall, subject to the ri^ht 
of judicial review hereinafter provided, make a determination 
which shall be final and which shall take effect fifteen days after 
the date of the delivery or service of such final notice of determi-
nation. If the store or concern feels aggrieved by such final 
708 
PUBLIC LAW 88-525-AUG. 31, 1964 
[78 STAT. 
determination he may obtain judicial review thereof by filing 
a complaint against the United States in the United States 
district court for the district in which he resides or is engaged 
in business, or in any court of record of the State having com-
petent jurisdiction, within thirty days after the date of delivery 
or service of the final notice of determination upon him, request-
ing the court to set aside such determination. The copy of the 
summons and complaint required to be delivered to the official 
or agency whose order is being attacked shall be sent to the Sec-
retary or such person or persons as he may designate to receive 
service of process. The suit in the United States district court or 
State court shall be a trial de novo by the court in which the 
court shall determine the validity of the questioned admin-
istrative action in issue. If the court determines that such admin-
istrative action is invalid it shall enter such judgment or order 
as it determines is in accordance with the law and the evidence. 
During the pendency of such judicial review, or any appeal there-
from, the administrative action under review shall be and remain 
in full force and effect, unless an application to the court on 
not less than ten days' notice, and after hearing thereon and a 
showing of irreparable injury, the court temporarily stays 
such administrative action pending disposition of such trial or 
appeal. 
VIOLATIONS AND ENFORCEMENT 
SEC. 14. (a) Notwithstanding any other provisions of this Act, 
the 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 or appropriate to protect 
the interests of the United States or to insure enforcement of the 
provisions of this Act or the regulations issued pursuant to this Act. 
oil^ent °' ^'"'"^^*' 
(b) Whoever knowingly uses, transfers, acquires, or possesses 
onmen . 
coupous in any manner not authorized by this Act or the regulations 
issued pursuant to this Act shall, if such coupons are of the value of 
$100 or more, be guilty of a felony and shall, upon conviction thereof, 
be fined not more than $10,000 or imprisoned for not more than five 
years, or both, or, if such coupons are of a value of less than $100, shall 
be guilty of a misdemeanor and shall, upon conviction thereof, be fined 
not more than $5,000 or imprisoned for not more than one year, or both. 
(c) Whoever presents, or causes to be presented, coupons for pay-
ment 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 this Act or the regulations issued pursuant to this 
Act shall be guilty of a felony and shall, upon conviction thereof, be 
fined not more than $10,000 or imprisoned for not more than five years, 
or both, or, if such coupons are of a value of less than $100, shall be 
guilty of a misdemeanor and shall, upon conviction thereof, be fined 
not more than $5,000 or imprisoned for not more than one year, or 
both. 
(d) Coupons issued pui-suant to this Act shall be deemed to be obli-
gations of the United States within the meaning of title 18, United 
62 Stat. 685. 
Stutes Code, section 8. 
COOPERATION WITH STATE AGENCIES 
Costs. 
g^c. 15. (a) Each State shall be responsible for financing, from funds 
available to the State or political subdivision thereof, the costs of 
carrying out the administrative responsibilities assigned to it under 
the provisions of this Act. Except as provided for in subsection (b) 
of this section, such costs shall include, but shall not be limited to, the 
78 STAT.] 
PUBLIC LAW 88-525-AUG. 31, 1964 
709 
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. 
(b) The Secretaiy is authorized to cooperate with State agencies ag^isJance"'"" 
in the certification of households which are not receiving any type of 
public assistance so as to insure the eflFective certification of such house-
holds in accordance with the eligibility standards approved under the 
provisions of section 10 of this Act. Such cooperation shall include strte^^Tnci!-°s 
payments to State agencies for part of the cost they incur in the certi-
fication of such households. The amount of such payment to any one 
State agency shall be 50 per centum 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 used to 
make such interviews and such postmterview field investigations as 
are 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 postinter-
view field investigations of such households; and (3) an amount not 
to exceed 25 per centum of the costs computed under (1) and (2) 
above. 
APPROPRIATIONS 
SEC. 16. (a) To carry out the provisions of this Act, there is hereby 
authorized to be appropriated not in excess of $75,000,000 for the 
fiscal year ending June 80, 1965; not in excess of $100,000,000 for the 
fiscal year ending June 30, 1966; and not in excess of $200,000,000 for 
the fiscal year ending June 30, 1967; and not in excess of such sum 
as may hereafter be authorized by Congress for any subsequent fiscal 
year. 
Such portion of any such appropriation as may be required 
to pay for the value of the coupon allotments issued to eligible house-
liolds which is in excess of the charges paid by such households for 
such allotments shall be transferred to and made a part of the separate 
account created under section 7(d) of this Act. 
(b) In any fiscal year, the Secretary shall limit the value of those J.^°^PJ|^^''^^'''' 
coupons issued which is in excess of the value of coupons for which 
households are charged, to an amount which is not in excess of the 
portion of the appropriation for such fiscal year which is transferred 
to the separate account under the provisions of subsection (a) of this 
section. If in any fiscal year the Secretary finds that the requirements 
of participating States will exceed the limitation set forth herein, the 
Secretary shall 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 subsection. 
(c) If the Secretary determines that any of the funds in the separate 
account created under section 7(d) of this Act are no longer required 
"*"''' ^' ^°''-
to carry out the provisions of this Act, such portion of such funds shall 
be paid into the miscellaneous receipts of the Treasury. 
(d) Amounts expended mider the authority of this Act shall not be 
considered amounts expended for the purpose of carrying out the agri-
cultural price-support program and appropriations for the purposes 
of this Act shall be considered, for the purpose of budget presenta-
tions, to relate to the functions of the Government concerned with 
welfare. 
Approved August 31, 1964.