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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 195. Virginia WIC Program
9/29/2020

12VAC5-195-280. Enrollment Procedures.

Part III
Retailer Requirements

A. The state agency shall accept applications from new retailer applicants year round.

B. Retailers seeking authorization shall comply with 7 CFR 246.12 and sell a range and variety of staple foods and WIC-approved formulas at a permanent fixed location, as specified in the retailer agreement and application package. Only one authorization approval will be granted by the state agency to each eligible location selected for program authorization. Stand-alone pharmacies and any other types of entities that cannot meet all of the general requirements outlined in this section shall be denied WIC Program authorization.

C. Retailer applicants shall complete the following requirements to become authorized for WIC Program participation:

1. Submit all applications, including pricing updates, using an electronic, Internet-based method that has been approved by the WIC Program;

2. Submit prices for all mandatory food and formula items, a signed retailer agreement, supplemental informational form, direct deposit automated clearinghouse (ACH) form, and other required forms as deemed necessary to evaluate an applicant's qualifications;

3. Pass a competitiveness price assessment completed by the WIC Program. The state agency shall determine whether the prices submitted as part of the new retailer application process are price competitive when compared to other retailers located in the retailer's assigned peer group;

4. Provide documentation to the state agency, upon request, that a satisfactory business integrity record exists. None of the retailer's current owners, officers, or managers shall have been convicted of or had a civil judgment entered against them for conduct demonstrating a lack of business integrity, within the past six years;

5. Pass an unannounced onsite visit to determine if the retailer has met the minimum stocking requirement, has available for sale the variety and selection of foods as stated on the supplemental informational form, and has posted prices that are not higher than prices submitted as part of the application process. The visit shall also verify that the retailer's hours of operation and number of cash registers were accurately reported;

6. Pass an onsite visit to determine if the type and variety of foods sold would qualify the retailer to earn more than 50% of its annual sales solely from the WIC Program. If the retailer is likely to be an above 50% retailer, then it shall be denied authorization;

7. Attend a mandatory new retailer training session conducted by either state agency staff or a certified corporate trainer within 30 calendar days after the retailer passes an unannounced stocking and price verification visit. Provide documentation to the state agency within 30 calendar days after meeting all other enrollment requirements that this mandatory training has been completed;

8. Provide training to retailer personnel and cashiers on proper WIC food instrument handling procedures;

9. Return to the state agency all required paperwork within 14 days after receipt including a signed retailer agreement, if applicable; supplemental informational form; direct deposit ACH form; and other information deemed necessary to evaluate a retailer's or applicant's qualifications; and

10. Receive from the state agency a packet containing an authorization acknowledgement letter granting WIC Program authorization, a retailer manual for the Virginia WIC Program, and a WIC window decal.

D. Newly authorized retailers shall begin accepting WIC food instruments within 15 calendar days after receiving their final acknowledgment letter. Authorized retailers are required to contact the state agency in writing if the retailer is unable to meet this program requirement. Failure to begin accepting WIC food instruments within the established time frame may lead to the state agency withdrawing its authorization decision.

E. Retailer applicants that fail to meet any of the enrollment requirements outlined in this section shall be denied authorization unless the state agency determines that inadequate participant access would exist if the authorization were terminated.

Statutory Authority

§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.

Historical Notes

Derived from Volume 24, Issue 19, eff. May 26, 2008; amended, Virginia Register Volume 25, Issue 22, eff. July 6, 2009; Volume 29, Issue 12, eff. March 13, 2013; Volume 35, Issue 22, eff. July 24, 2019.

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