Ray Bertrand, Dba Ray's Groceries, Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-Appellee

Raymond Bertrand, owner of a small grocery store,, brought an action to contest a one year disqualification from participation in the Food Stamp Program imposed by the Department of Agriculture Food and Nutrition Service (FNS) for violations of Program regulations. The district court, 552 F.Supp. 878 , granted partial summary judgment for Bertrand and denied the government’s motion for summary judgment, holding that the maximum penalty authorized was a thirty day disqualification. We reverse and uphold the one year sanction imposed by the FNS.

FACTS

In 1979 the FNS determined that the food stamp redemption rate at Bertrand’s store was higher than that of other stores. An FNS representative visited the store and expressed concern that the high redemption rate might indicate violation of Program regulations concerning items eligible for purchase with food coupons. Mrs. Bertrand denied violations, asserting that the high redemption rate was due to an increased number of food stamp recipients shopping in the store. Subsequently, the FNS sent Mr. Bertrand a letter in October 1979, setting forth the discussion which had occurred at the visit and stating that “violations ... could lead…