PERMANENT DISQUALIFICATION.

SEC. 1743. PERMANENT DISQUALIFICATION. Section 12(b)(3) (7 U.S.C. 2021(b)(3)) is amended— (1) by striking “or” at the end of subparagraph (A); (2) in subparagraph (B)— (A) by inserting after “$20,000” the following: “for each violation (except that the amount of civil money penalties imposed during a 2-year period may not exceed $40,000)”; (B) by inserting after “substantial evidence” the following: “(including evidence that neither the ownership nor management of the store or food concern was aware of, approved, benefited from, or was involved in the conduct or approval of the violation)”; and (C) by striking the period at the end of the subparagraph and inserting “; or”; and (3) by adding at the end the following new subparagraph: “(C) a finding of the sale of firearms, ammunition, explosives, or controlled substances (as the term is defined in section 802 of title 21, United States Code) for coupons, except that the Secretary shall have the discretion to impose a civil money penalty of up to $20,000 for each violation (except that the amount of civil money penalties imposed during a 2-year period may not exceed $40,000) in lieu of disqualification under this subparagraph if the Secretary determines that there is substantial evidence (including evidence that neither the ownership nor management of the store or food concern was aware of, approved, benefited from, or was involved in the conduct or approval of the violation) that the store or food concern had an effective policy and program in effect to prevent violations of this Act.”.