Current through all regulations passed and filed through September 16, 2024
(A) A vendor shall provide to participants
only authorized foods in exchange for the benefits on the WIC nutrition
card.
(B) A vendor shall permit
participants the option to select part or all of the available quantities,
sizes, and types of authorized food contained on the WIC nutrition
card.
(C) A vendor shall offer
participants the same courtesies extended to other customers, including but not
limited to: providing a sales receipt and accepting store and manufacturer
coupons, discount cards, or other discounts offered. However, vendors may not
provide participants incentive items, vendor discounts, coupons or other
promotions that are not offered to non-WIC customers.
(D) A vendor shall accept valid WIC nutrition
cards presented by a participant and shall:
(1) Deduct the value of any manufacturer or
store coupons, discount cards, or other discounts offered from the total before
requesting participant to approve the transaction;
(2) Be responsible for all WIC nutrition card
benefits accepted or processed for payment by current and former employees or
agents of the vendor. The vendor shall be responsible for the accuracy of any
information submitted to the department by those employees or agents including
any person or persons operating the store under a management
agreement;
(3) Ensure the
department is not charged more than the marked or posted prices and is not
charged more than non-WIC customers for authorized foods;
(4) Provide all participants with benefit
receipts generated at the time of the WIC transaction; and
(5) Return to the local WIC agency within
twenty-four hours any WIC nutrition card found at the location.
(E) A vendor shall comply with all
of the following:
(1) All federal and state
laws, rules, and regulations governing the WIC program, including section 17 of
the "Child Nutrition Act of 1966," 80 Stat. 885,
42
U.S.C. 1786, (in effect January 7, 2011),
pertinent federal regulations for the WIC program including 7 C.F.R. part 246,
(in effect September 28, 2016) and this chapter;
(2) All federal and state laws pertaining to
nondiscrimination, including but not limited to Title VI of the "Civil Rights
Act of 1964," 78 Stat. 241,
42
U.S.C. 2000d (in effect January 7, 2011),
pertinent regulations adopted thereunder, and 7 C.F.R. parts 15, 15A, and 15B
(in effect January 1, 2011); and
(3) All federal, state and local criminal
laws either felony or misdemeanor.
(F) The department or its designee may
conduct announced and unannounced inspections of a vendor's or applicant's
location at any time during business hours, as stated on the application, to
determine compliance with WIC program requirements. The vendor or applicant and
its employees and agents shall cooperate with the department or its designee
conducting an inspection and shall provide access to records pertinent to the
WIC program, including WIC transactions, shelf price records, and inventory
records. The department or its designee may confiscate WIC nutrition cards in
the possession of the location. The vendor must grant access to WIC program
staff during the hours of operation specified on the vendor application.
Failure to grant access to premises during the specified business hours may be
grounds to terminate the contract.
(G) A vendor shall be subject to audit by the
department and FNS for the time period covering any present or previous WIC
authorization. A vendor shall maintain all original records of purchases, gross
sales receipts, state and federal income tax documents, and invoices for all
authorized supplemental foods for a period of not less than three years after
the end of each federal fiscal year while contracted, and upon request, shall
make available the records to the department and FNS. If any litigation, claim,
negotiation, audit, or other action involving the records has begun during the
three-year period, the vendor shall keep the records until all issues are
resolved.
(H) A vendor shall
respond in writing within fifteen calendar days after receiving a written
request from the department for verification of ownership of the business
entity or locations, verification of authorized food purchases and sales, or
other documentation.
(I) A vendor
shall maintain current status as an authorized vendor under the food assistance
program.
(J) A vendor shall send
one or more representatives from each location to all required training
sessions scheduled by the department or its designee. A vendor shall inform and
train cashiers, other store personnel, and agents on WIC program
requirements.
(K) A vendor shall
display the department issued "WIC Nutrition Card Accepted Here" sign in a
prominent place at the entrance of each location.
(L) A vendor shall not do any of the
following:
(1) Exchange WIC nutrition card or
benefits contained on the card for cash, firearms, ammunition, explosives, or
controlled substances as defined in
21
U.S.C. 802 (in effect
December 21, 2018);
(2) Exchange WIC nutrition card or benefits
contained on the card for alcohol or alcoholic beverages or tobacco
products;
(3) Exchange WIC
nutrition card or benefits contained on the card for credit, including rain
checks or non-food items.
(4)
Provide refunds or permit exchanges for authorized food except for an exchange
of an identical authorized food item when the original item is defective,
spoiled, or has exceeded its "sell by," "best if used by," or other date
limiting the sale or use of the food item. An identical authorized food item
means the exact brand and size as the original item obtained and returned by
the participant or alternate shopper;
(5) Provide the participant with any monetary
change from a WIC transaction unless it is a split tender
transaction;
(6) Require a
participant to exchange his or her selection of authorized foods;
(7) Redeem WIC nutrition card benefits for
authorized foods not received by the participants;
(8) Redeem WIC nutrition card benefits in
which the amount of sale is more than the marked or posted prices for the
authorized foods or more than the prices charged other customers;
(9) Charge sales tax for the purchase of
authorized foods;
(10) Seek
reimbursement from the department for WIC nutrition card benefits transacted by
another person or location, while not authorized as a vendor under rule
3701-42-03 of the Administrative
Code;
(11) Redeem WIC nutrition
card benefits for a specific authorized food item which exceeds the store's
documented inventory of that authorized food item for a specific period of
time;
(12) Redeem WIC nutrition
card benefits for unauthorized food items;
(13) Redeem WIC nutrition card benefits for
foods in excess of the authorized food items contained on the card;
(14) Provide home delivery of authorized
foods except as otherwise provided in this chapter of the Administrative
Code.
(15)
Seek reimbursement from a participant for WIC nutrition card
benefits that exceed the not to exceed amount.
