Current through Register Vol. 48, No. 9, September 27, 2024
Each violation of Program regulations has a set point value and
a specific time period during which the points will remain on a vendor's
record. If a vendor accumulates fifteen (15) or more violation points, the
store will be disqualified from the WIC Program. The period of disqualification
is determined by the nature of the violation(s), the number of violations, and
past disqualifications.
(A) The
following violations carry a point value of ten (10) and remain on a vendor's
record for eighteen (18) months:
1. Failure to
stock eight (8) or more required quantities and/or varieties of foods as listed
in the Agreement.
(B)
The following violations carry a point value of eight (8) and remain on a
vendor's record for eighteen (18) months:
1.
Contacting WIC participants in an attempt to recoup funds for eWIC transactions
not paid by the Department.
2. Not
providing promotional specials or not accepting cents-off coupons or store
discount cards to reduce WIC price.
3. Issuing "RAIN" checks.
4. Requiring WIC participants to use special
check-out lanes, not showing WIC participants the same courtesy as other
customers or engaging (committing) in any act of discrimination involving a WIC
participant.
5. Requiring cash
purchase to redeem WIC checks or use eWIC cards.
6. Failure to stock between four to eight
(4-8) food items as listed in the Vendor Agreement.
7. Failure to scan and enter all sold UPC
items directly from the product being sold into the redemption system, or the
use of a "scan book" or similar device used in place of scanning the
product.
8. Keeping record of a
participant's name or PIN after the eWIC card is transacted by or on behalf of
a participant.
9. Verbal or
physical abuse of a WIC participant or Department employee while the employee
is conducting official WIC business.
10. Failure to allow the return of any WIC
purchases for identical items that are damaged, spoiled, or has exceeded its
"sell by," "best if used by," "manufacturer suggested," or other date limiting
the sale or use of the food.
(C) The following violations carry a point
value of five (5) and remain on a vendor's record for one (1) year:
1. Allowing the purchase of ineligible foods
or substitutions for foods on an eWIC card account.
2. Failure to stock one to three (1-3)
required quantities and/or varieties of foods as listed in the
Agreement.
3. Where no specific
brand is prescribed, requiring a participant to purchase a specific brand of
WIC approved foods when more than one (1) brand is available.
4. Allowing manual entry of the eWIC card
number.
5. Failing to provide valid
supplier invoices proving sufficient inventory was available on the vendor's
sales shelf that support the amount claimed in EBT redemptions the vendor has
submitted for payment to the Department.
6. Not marking WIC items with price labels or
shelf tags.
7. Collecting sales tax
on WIC Purchases.
8. Stocking
WIC-approved food outside of the manufacturer's expiration date.
9. Providing (selling or giving) incentive
items to WIC participants.
10. Not
allowing split-tender transactions on Cash Value Benefits (CVB) or eWIC
transactions.
11. Asking for
additional identification or the WIC participant's PIN.
12. Charging the WIC customer any fee, either
directly or indirectly, arising out of or associated with operating,
manufacturing, or processing WIC participants.
13. Charging the Program for food not
received by a participant.
