(1) Whoever obtains, or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any food commodity donated under any program of the federal or state government: (a) to which he is not entitled; or (b) being an employee of the state, makes any unauthorized disposition of such food commodity; or (c) not being an authorized recipient thereof converts to his own use or benefit any such donated food commodities; or (d) being an authorized recipient, sells, exchanges or makes an unauthorized disposition of such donated food commodity in any other way than as prescribed or directed by lawful rules and regulations, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00), or be imprisoned for not more than six (6) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty the court shall take into consideration the value of the commodities.

(2) Any person who purchases, barters, exchanges or otherwise obtains any donated food commodities from any authorized recipient knowing it to have been furnished said recipient by the state or federal government, or places the same in a channel of trade shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00), or be imprisoned for not more than six (6) months, or be both so fined and imprisoned in the discretion of the court.