New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 3200 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)
Part He-P 3205 - VENDOR PARTICIPATION
Section He-P 3205.02 - Written Agreement
Universal Citation: NH Admin Rules He-P 3205.02
Current through Register No. 40, October 3, 2024
(a) Written agreements shall include the requirements of 7 CFR 246.12(h) and the following:
(1) The vendor shall stock sufficient
quantities of all categories of foods approved in accordance with
He-P 3203.02 and
He-P 3203.03 to meet
participant demands;
(2) The vendor
shall maintain minimum inventory in accordance with
He-P 3203.02 and
He-P 3203.03;
and
(3) The vendor shall:
a. Provide only the brand, type, and size of
infant formula, and WIC-approved foods approved in the New Hampshire authorized
product list (APL) and benefits issued to the family;
b. Provide supplemental foods at the current
cash price or at less than the current price charged to other customers and
deduct the value of manufacturer or store coupons presented by eWIC cardholder
from the purchase amount charged to the WIC program;
c. Purchase all infant formula from the
approved infant formula supplier list updated and maintained by the
department;
d. Clearly indicate the
retail price of all WIC approved food items, either individually on each item
or at the shelf or point of display;
e. Maintain a functioning cash register or
sales machine that imprints the date of redemption and the products purchased
on the receipt to be provided to the eWIC cardholder;
f. Provide the department information on
inventory records for foods approved in accordance with
He-P 3203.02 and
He-P 3203.03 and
gross food sales, upon request during the term of the current vendor agreement
and for 3 years from the expiration of the current vendor agreement;
g. Comply with the following:
1. Title VI of the Civil Rights Act of 1964
(42
U.S.C. 2000d et seq.);
2. Title IX of the Education Amendments of
1972 (20
U.S.C. 1681 et seq.);
3. Section 504 of the Rehabilitation Act of
1973 (29 U.S.C.
794);
4. Age Discrimination Act of 1975
(42 U.S.C.
6101 et seq.);
5. All provisions required by the
implementing regulations of the US Department of Agriculture;
6. Department of Justice Enforcement
Guidelines; and
7. Food Nutrition
Services (FNS) directives and guidelines to the effect that no person shall, on
the ground of race, color, national origin, age, sex, or handicap, be excluded
from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity for which the department receives
Federal financial assistance from FNS;
h. Give assurance that the vendor will
immediately take measures necessary to effectuate this agreement. If there are
any violations of this assurance, the US Department of Agriculture shall have
the right to seek judicial enforcement;
i. Provide WIC customers the same courtesies
provided to non-WIC customers;
j.
Attend training on WIC program procedures as scheduled by the department with
at least one opportunity to reschedule;
k. Ensure that cashiers and all other staff
are fully trained and understand WIC program requirements;
l. Ensure that WIC-approved items sold to an
eWIC cardholder are not expired;
m.
Provide WIC-approved items at prices that are fair and competitive in
comparison with vendors in their peer group;
n. Be monitored by the department for
compliance with WIC program rules;
o. Provide ready access to WIC redemption
information at the request of the department;
p. Not charge the department for an amount of
a specific WIC-approved food that exceeds the store's documented inventory of
that food for a specific period of time;
q. Not charge the department for foods not
received by the eWIC cardholder;
r.
Not provide cash, change, unapproved foods, or other items in lieu of foods
prescribed to WIC participants;
s.
Submit a WIC vendor price survey every 6 months or upon request by the
department;
t. Notify the
department in writing at least 2 weeks in advance of the vendor ceasing
operations or changing ownership, name of store, or location, thereby
permitting the department to terminate the vendor agreement in accordance with
7 CFR 246.12(h) (3)
(xvii);
u. Maintain a copy of the current NH
WIC-approved foods list at each cash register or checkout lane;
v. Not use manufacturers' shelf tags,
promotional materials, or incentive items with the WIC acronym or logo;
w. Not offer incentive items
solely to WIC participants and not to other customers in an effort to obtain
WIC business; and
x. Allow an
alternate form of payment, such as a SNAP/food stamps card, cash, credit card,
or check for fruit and vegetable benefits when the amount purchased exceeds the
dollar value of the benefit.
(b) The department shall issue a pharmacy agreement requiring pharmacies to stock, or have the capability to immediately order and provide special infant formula within 48 hours of request to meet participant demands.
(c) Pursuant to changes in federal or state statutes, rules, or other requirements, the department shall revise all current agreements, and the amended agreements shall include the original expiration date without prejudice.
(d) Vendors who fail to reapply by signing and returning their new vendor agreement prior to the expiration of their current vendor agreement shall no longer be authorized due to an expired vendor agreement.
#4518, eff 10-28-88; EXPIRED 10-28-94
New. #6226, eff 4-24-96; ss by #7489, eff 5-11-01; ss by #7774, eff 10-8-02; ss by 8580, eff 3-11-06; ss by #9556, eff 10-1-09
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