Current through Register Vol. 35, No. 18, September 24, 2024
A.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL REQUIREMENTS: Vendors
shall comply with all applicable federal, state and local laws, ordinances and
regulations. Specifically, but without limitation, vendors shall comply with
all WIC program requirements set forth herein, and as codified in the Code of
Federal Regulations, which are incorporated herein by reference. In addition to
sanctions set forth below, failure to comply with applicable WIC regulations
may result in loss of federal food stamp program authorization.
B.
FOOD INSTRUMENT REDEMPTION:
Vendors shall:
(1) Provide to participants, in
exchange for food instruments, only the foods and/or infant formulas specified
on the authorized food and/or infant formula list, and in quantities less than
or equal to those specified on the food instrument;
(2) Accept food instruments only for foods
and/or infant formulas included in the agreement; and
(3) Comply with food instrument processing
and redemption procedures as set forth by the State WIC Office.
C.
VENDOR STAMPS:
(1) Liability for loss or misuse. Vendors are
responsible for the vendor stamps with their unique identification number that
are issued to them. Vendors shall keep the vendor stamp in a safe place, and
shall promptly notify the State WIC Office of a lost, stolen, or damaged vendor
stamp. Failure to promptly notify the State WIC Office of such loss may result
in the vendor being held liable for reimbursement of illegally negotiated food
instruments. A vendor shall pay the cost plus certified mailing
fees for any additional vendor stamps.
(2) Duplication. A vendor shall not duplicate
a vendor stamp.
(3) Authorized
uses. The vendor stamp shall be used only to validate those food instruments
accepted at the vendor location for actual purchases of authorized foods. Use
of a vendor stamp for any other purpose is strictly prohibited.
(4) Return. Vendors shall return issued
vendor stamps to the State WIC Office immediately upon a change in ownership,
upon going out of business, upon bankruptcy, upon suspension or termination of
authorization, or upon demand by the State WIC Office.
D.
STOCK: Vendors shall at all
times maintain fresh WIC authorized foods and/or infant formulas meeting the
minimum stock and variety requirements on the shelves or in coolers in the
customer area of the store.
E.
PRICES: Vendors shall:
(1)
Charge participants prices that are equal to or lower than prices charged to
other customers;
(2) Charge
participants no sales tax;
(3)
Promptly provide price lists to the State WIC Office upon request;
(4) Maintain competitive prices consistent
with prices charged by other vendors doing a comparable dollar volume of
business;
(5) Display the prices of
authorized foods and/or infant formulas on the foods or formulas, or on the
shelves or coolers in proximity to the foods or infant formulas, or in the
immediate area where the foods or infant formulas are kept in the customer area
of the store;
(6) Enter the actual
price of the food and/or infant formula purchased on the food instrument at the
time of purchase, and provide the WIC participant with an itemized receipt;
and
(7) Enter the actual redemption
date on the food instrument at the time of purchase.
F.
INFORMATION REQUIRED TO BE ON
DISPLAY OR IN FILE: Vendors shall:
(1)
Maintain on file at each vendor location at all times a copy of the Vendor
Manual, the approved Food Vendor Agreement, the Non-Taxable Certificate,
newsletters and other updates and instructions received from the State WIC
Office;
(2) Display a sign, sticker
or other conspicuous notice of authorization as a State WIC vendor visible to
participants in the customer area of the store, and;
(3) Ensure that current State WIC Office
authorized food lists are readily accessible to cashiers.
G.
EQUAL
ACCESS/NONDISCRIMINATION: Vendors shall make available to WIC
participants the same services offered to all other customers; shall extend the
same courtesies to WIC participants as to all other customers; and shall
otherwise accord participants the same treatment as all other
customers.
H.
ACTS OF
EMPLOYEES: Vendors have an affirmative duty to train employees in WIC
procedures. Vendors are responsible for the acts or omissions of their
employees in transacting WIC-related business.
I.
DUTY TO REPORT: Vendors
shall promptly notify the State WIC Office of suspected instances in which a
participant has failed to comply with WIC program requirements, or engaged in
fraud or abuse of the program.
