Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program)
Chapter 1103 - AUTHORIZATION OF STORES
Section 1103.5 - Minimum inventory

Universal Citation: 28 PA Code ยง 1103.5

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Minimum inventory requirements.

(1) The Department will adopt minimum inventory requirements and their effective dates, for the following WIC allowable foods:
(i) Contract brand infant formula.

(ii) Milk.

(iii) Natural domestic cheese.

(iv) Grade "A" eggs.

(v) Juice.

(vi) Cereal.

(vii) Peanut butter.

(viii) Dried peas and beans.

(ix) Tuna.

(x) Carrots.

(2) The Department will set minimum inventory requirements for all allowable foods for which minimum inventory requirements exist at a level not to exceed the maximum quantity of supplemental food authorized per month as set forth in 7 CFR 246.10(c)(1)-(7) (relating to supplemental foods).

(3) The Department will publish minimum inventory requirements in the Pennsylvania Bulletin and distribute those requirements to all WIC authorized stores by September 15 of each year, and when manufacturer product or packaging changes occur.

(b) Exceptions to minimum inventory requirements. The Department will grant an exception to the minimum inventory requirements for an allowable food listed in subsection (c) when the Department's most recent check redemption information for a store shows no purchases of the allowable food for a period in excess of 90 days.

(c) Allowable foods to which exceptions may apply. These foods are:

(1) Contract brand milk-based with iron liquid concentrate infant formula.

(2) Contract brand milk-based with iron ready-to-feed infant formula.

(3) Contract brand milk-based with iron powdered infant formula.

(4) Contract brand soy-based liquid concentrate infant formula.

(5) Contract brand soy-based ready-to-feed infant formula.

(6) Contract brand soy-based powdered infant formula.

(7) Nonfat dry milk.

(8) Evaporated milk.

(9) Carrots.

(10) Tuna.

(d) Expiration of exception to minimum inventory requirements. The exception to minimum inventory requirements for an allowable food granted by the Department shall expire upon the presentation to the store, on behalf of a participant, of a WIC check for the purchase of that allowable food. The WIC authorized store shall provide the food item within 48 hours after presentation of the WIC check.

The provisions of this §1103.5 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).

This section cited in 28 Pa. Code § 1103.4 (relating to selection and limitation criteria; authorization process).

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