§ 7314. Fraudulent traffic in food orders.
(a) Offense defined.--A person commits the offense of fraudulent traffic in food orders if he, whether acting for himself or for another, directly or indirectly, furnishes or delivers to any person money, merchandise, or anything other than food, on or in exchange for a food order, or furnishes or delivers food on or in exchange for a food order to any person, other than the original recipient of the order, or in quantities or for prices other than those itemized on the food order at the time the food is furnished or delivered.
(a.1) Grading.--A person who violates this section commits a felony of the third degree if the amount involved is $1,000 or more. If the amount involved is less than $1,000, the person commits a misdemeanor of the first degree. Amounts involved in fraudulent traffic in food orders committed pursuant to one scheme or course of conduct, whether from the same person or several persons, shall be aggregated in determining the grade of the offense.
(b) Additional penalty.--In addition to the penalties otherwise prescribed, the defendant shall also be ordered to pay to the agency which shall have issued such food order, the face amount thereof.
(c) Exception.--Subsection (a) of this section shall not apply to the negotiation of a food order after food to the full amount of the order shall have been furnished thereon to the original recipient of the order.
(d) Definition.--As used in this section, the term "food order" means any order issued by or under the authority of any public relief or assistance agency, authorizing the furnishing and delivery of food to any person therein named or described. (Nov. 22, 1995, P.L.621, No.66, eff. 60 days)
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