California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 6 - Preventive Medical Services
Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children
Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES
Section 40803 - Penalties

Universal Citation: 22 CA Code of Regs 40803

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets or property provided under Section 17 of the Child Nutrition Act of 1966, as amended, whether received directly or indirectly from USDA, or whoever receives, conceals or retains such funds, assets or property for his or her own interest, knowing such funds, assets or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall:

(1) If the funds, assets, or property have a value of $100 or more, be fined not more than $10,000 or imprisoned not more than five years, or both.

(2) If the funds, assets, or property have a value less than $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(3) Be suspended from receiving supplemental foods for up to three months, or until the Department has received repayment for financial loss.

(4) Return any funds or property so obtained.

(b) The local agency shall refer food vendors and participants who abuse the Program to state or local authorities.

1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38). Article 12. Records and Reports

Note: Authority cited: Sections 311 and 312, Health and Safety Code. Reference: Sections 315.5 and 316, Health and Safety Code.

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