Current through Register Vol. 35, No. 18, September 24, 2024
Any owner of a full service grocery store or pharmacy in a
fixed and permanent location in New Mexico that is open fully operational may
request a vendor application from the State WIC office through December 31 and
return the completed application packet to the State WIC office no later than
January 31. Reapplying vendors may apply for
reauthorization as a vendor by submitting an application to the State WIC
Office during the month of July on forms provided by the office. Information
provided in applications shall be accurate and complete. Applicants shall
promptly provide additional information relating to the conditions of
eligibility upon request by the State WIC Office. The State WIC Office may deny
an application if false or incomplete information is submitted. Applications
rejected as incomplete may be resubmitted within 15 days of the vendor's
receipt of denial of its application. Failure to resubmit within
this period may result in denial of authorization.
A.
MINIMUM REQUIREMENTS: An
application shall include at a minimum the following information:
(1) Sole Proprietors: the name and address of
each owner and of each applicant location.
(2) Partnerships: the names and addresses of
all general partners; the addresses of the principal and each subsidiary place
of business; and of the New Mexico agent for service of process if a foreign
partnership.
(3) Corporations: the
name of the corporation; the addresses of its principal and each subsidiary
place of business; and of the New Mexico agent for service of process if a
foreign corporation.
(4) The square
footage of each applicant location.
(5) The annual gross receipts for applicant
sales separated into food and non-food categories.
(6) The applicant's Federal Food Stamp
Authorization Number.
(7) A
description of the applicant's participation in Food and Consumer Service
Programs of the USDA.
(8) A
detailed description of each instance in which the applicant or its owners or
managers have been suspended or disqualified from the WIC, Food Stamp, or other
USDA Food and Consumer Service Programs.
(9) The applicant's state tax identification
number.
(10) The applicant's
federal tax identification number.
(11) An identification by types and non-sale
prices of all authorized WIC foods and/or infant formulas on shelves or in the
coolers in customer areas of each applicant location on the date of the
application.
(12) All other
information as requested on the application form, or by the State WIC Office
upon request.
B.
REVIEW OF APPLICATIONS:
(1) New
applicants. The State WIC Office shall either approve or deny a completed
application for initial authorization within 60 days of receipt or of the date
the vendor opens to the public for business, whichever is later.
(2) Reapplying vendors. Applications for
continued authorization shall be the same as those for new applicants, except
that the State WIC Office may, in its discretion, waive the requirement of a
site visit. The State WIC Office shall either approve or deny a completed
application for continued authorization within 90 days of receipt.
(3) Approved applications. If the application
for a new applicant is approved, a signed agreement, vendor stamp, sign and a
New Mexico Non-Taxable Transaction Certificate shall be furnished to the
vendor. If the application is approved for a reapplying vendor, a signed
agreement is furnished to the vendor.
(4) Duration of Authorization. All
authorizations shall expire on September 30 of the second calendar year of each
two year agreement period regardless of when initial authorization was granted.
A new application shall be submitted for each two year agreement period during
the month of July of the second calendar year of the current two year agreement
period.
(5) Resubmission of
applications. If an application for authorization is denied, the applicant may
resubmit its application following correction of the deficiency(ies) which
resulted in the denial, except that an applicant who furnishes false or
misleading information in an application shall not reapply until the next new
vendor application period. The State WIC Office may deny resubmitted
applications if requirements have not been met by the second site visit, or if
the basis for the initial denial was unfavorable history with other USDA Food
and Consumer Service Programs.
C.
PREAUTHORIZATION SITE
VISITS: All site visits may be announced or unannounced.
(1) New applicants. A site visit shall be
required for all new applicants. The State WIC Office shall not be required to
make more than two pre-authorization site visits per applicant per 12 month
period.
(2) Reapplying vendors. A
site visit may be made to verify the existing conditions at reapplying vendors.
The State WIC Office shall not be required to make more than two
pre-authorization site visits per applicant per 12 month period.
D.
GROUNDS FOR DENIAL OF
AUTHORIZATION: Grounds for selection are set forth in 7.31.2.11 NMAC. In
addition, authorization may be denied for reasons including, but not limited
to, the following, if at the time of the site visit or application:
(1) The applicant does not have WIC foods
and/or infant formulas meeting the minimum stock and variety requirements on
shelves or in coolers in the customer area;
(2) Prices are not marked on food or infant
formula containers, or otherwise posted in the immediate area where the foods
or infant formulas are kept in the customer area of the store;
(3) Prices are substantially different from
those listed on the food price record or the special infant formula price
record;
(4) The applicant is in
violation of applicable federal, state or local health protection laws or
ordinances;
(5) Authorized foods
and/or infant formulas are older than the expiration date indicated on the
package, or are otherwise not fresh;
(6) It is determined that the applicant
provided false or misleading information on the application.
(7) The applicant has an unfavorable history
with the Food Stamp Program or other USDA Food and Consumer Service
Programs.
E.
SUSPENSION OR TERMINATION OF AUTHORIZATION: As set forth more
specifically in 7.31.2.20 NMAC, below, the State WIC Office may suspend or
terminate a vendor's authorization at any time during the agreement period, and
may deny renewal of authorization for failure to comply with program
requirements.
