Current through Register Vol. 24-18, September 15, 2024
At the time of application, applicants must meet the
following criteria; all authorized vendors must continue to meet the following
criteria throughout the period of authorization:
(1) Purchase WIC approved infant formula
directly from an infant formula manufacturer or supplier named on the "WIC
approved infant formula suppliers" document.
(2) Maintain in store at all times the
minimum quantities and varieties of WIC approved foods, including infant
formula, as required by the "WIC minimum inventory requirements" document.
Expired or spoiled foods do not count as inventory.
(3) Maintain an active electronic mailing
address to be used for department communications.
(4) Be primarily engaged in the retail sale
of food products and general merchandise as a full line grocery store. A full
line grocery store carries the designated products in the following categories
on a continuous basis. These requirements are separate from the "minimum
inventory requirements."
(a) Canned foods: At
least twenty total varieties of canned foods such as fruit, vegetables, beans,
meat, poultry, chili, soup, stew, broth or sauce (excluding canned infant
formula, fish, juice or other beverages).
(b) Frozen foods: At least ten total
varieties of frozen foods such as dinners, pizza, fruit, or vegetables
(excluding frozen juice, meat, seafood, poultry, desserts, snacks or
novelties).
(c) Dairy products: At
least ten total varieties of refrigerated dairy products such as butter,
yogurt, cottage cheese, string cheese, cream cheese, whipped cream, sour cream
or ice cream (excluding milk, WIC-approved cheeses, infant formula, or
individual serving size packages of dairy products).
(d) Frozen and unfrozen meat, seafood, and
poultry: At least six total varieties (all unbreaded) of frozen meat, unfrozen
meat, frozen seafood, unfrozen seafood, frozen poultry, or unfrozen poultry,
including at least two varieties of meat and at least two varieties of poultry
(excluding precooked and deli-style products).
(e) Fruit and vegetables: At least twenty
total varieties of fresh or frozen fruits or fresh or frozen vegetables
including at least five varieties of fruits and at least five varieties of
vegetables. The store must have a minimum of five linear feet of refrigerated
display space for its produce.
(f)
Bread and tortillas: At least ten total varieties of bread products such as
bread, rolls, bagels, and tortillas. Breads and tortillas exclude muffins,
pastries, cookies, cakes, crackers, or other snack foods.
(g) Grains, pasta, and dried beans: At least
ten total varieties of grains, pasta, or beans such as oatmeal, rice, bulgur,
pasta, beans, peas, or lentils (excluding bread, canned products or other
breakfast cereals).
(h) Baby
products: At least ten total varieties of baby products such as diapers, baby
bottles, baby wipes, baby shampoo, or baby lotion (excluding infant
formula).
(i) Household cleaners
and laundry products: At least ten total varieties of household cleaning or
laundry products used for cleaning kitchens, dishes, bathrooms, windows,
floors, furniture, clothes, or fabrics.
(j) Health care products: At least twenty
total varieties of health care products such as pain relievers, cold/cough/
allergy products, digestive aids, dental care products, feminine hygiene
products, or toilet paper.
(5) Maintain prices for WIC-approved foods
that are at or below the limits established by the WIC nutrition program's
current price management system.
(6) Be currently authorized and participating
as a vendor in the supplemental nutrition assistance program (SNAP).
(7) Receive or expect to receive less than
fifty percent in annual food sales revenue from WIC transactions.
(8) Be open for business at least eight hours
per day, six days per week.
(9)
Submit to the department, upon request, sales information including gross sales
and tax exempt food sales.
(10) Be
current with state, federal and local taxes.
(11) Have electronic cash registers capable
of producing receipts that include:
(a) The
store name;
(b) Food product name
and description;
(c) Quantity sold
and price of each item;
(d) Total
actual purchase price; and
(e) The
date of sale.
(12) Post
food prices for all foods, including fresh fruits and vegetables, on each item,
or on the shelf next to the item.
(13) Maintain a business model that promotes
business integrity. The department may investigate the business integrity of a
WIC vendor or applicant at any time. In its determination of business
integrity, the department's considerations will include, but are not limited
to, the following:
(a) Providing complete and
truthful information in the application, correspondence, and other documents
requested by the department.
(b)
Cooperating with department requests to complete WIC authorization or
compliance activities, including granting access to WIC food
instruments.
(c) Providing business
and financial documentation to the department upon request.
(d) Ensuring all current owners, officers,
managers, or representatives have had no criminal convictions or civil
judgments entered against them in the last six years for fraud, antitrust
violations, embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, receiving stolen property, making false
claims, or obstruction of justice.
(e) Having no uncorrected violation(s) from a
previous contracting period, current disqualification, or outstanding claims
owed to the department.
(f) Not
being currently disqualified from the SNAP or having a civil money penalty
levied instead of SNAP disqualification.
(g) Disclosure of any third party, agent or
broker involved in any part of the application process.
(h) Where a store has an outstanding WIC or
SNAP sanction or claim, not attempting to avoid sanction or claim by reapplying
after:
(i) Conveying any legal interest in a
store to a relative or other person with whom the owner or owners have a
financial relationship.
(ii)
Accepting any legal interest in a store from a relative by blood or marriage or
other person with whom the owner or owners have a financial
relationship.
(iii) Reorganizing
the business to another form, such as, but not limited to, corporation, general
partnership, limited partnership, sole proprietorship, or limited liability
company.
(iv) Failing to cooperate
with WIC authorization of compliance activities.
(14) The department may verify the identity
of an applicant at any time.
(15)
When evaluating business integrity, the department may take into account
whether a store subject to a sanction or claim has been sold for less than fair
market value.
(16) Not own or be a
substantial interest holder, have previously owned or been a substantial
interest holder, or have a legal interest in a business that has a WIC sanction
currently in effect. This includes any business for which a vendor may be
applying.
(17) Use a recordkeeping
system that complies with the Washington state department of revenue
requirements in WAC
458-20-254, maintains inventory
records for Federal tax reporting, preserves original documents and records
organized in a logical way that conforms to acceptable accounting methods and
procedures.
(18) Comply with all
federal and state nondiscrimination laws, regulations, and policies. This
includes, but is not limited to, 7 C.F.R. Parts 15, 15a, and 15b and
RCW
49.60.030.
(19) Comply with the Americans with
Disabilities Act (ADA) of 1990,
Public Law
101-336.
(20) Comply with all other federal, state,
county, and city required licenses, permits and certifications.
(21) Exemptions.
(a) Oregon and Idaho vendors located on the
Washington border and that serve Washington residents are exempt from
Washington state business license, permit, and certification requirements. They
shall meet all applicable business license, permit and certification
requirements for their respective state.
(b) An "infant formula-only provider" is
exempt from the full line grocery store requirement. Infant formula-only
provider means an authorized vendor or pharmacy for whom WIC authorization is
limited to the redemption of WIC checks issued for infant formula.
Statutory Authority:
RCW
43.70.120. 11-23-125, § 246-790-077,
filed 11/21/11, effective 12/22/11.
