Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 195. Virginia WIC Program
10/19/2020

12VAC5-195-300. General Requirements and Conditions for Authorization.

A. Once enrolled, a retailer or applicant shall obtain authorization from the state agency to operate as a WIC-authorized retailer before accepting or redeeming food instruments.

B. To obtain and retain authorization, retailers shall:

1. Be Supplemental Nutrition Assistance Program authorized at the time of application or reauthorization and remain in good standing;

2. If applicable, fulfill the WIC disqualification requirement;

3. Be in operation as a business at the time of application or within 45 calendar days of application;

4. Comply with all local, state and federal statutes, regulations, and rules, including sanitation and building code regulations;

5. Submit prices using an electronic, Internet-based method when requested by the state agency;

6. Remain price competitive when compared to other authorized retailers that are located in the same peer group;

7. Meet the mandatory minimum stocking requirement at all times and keep such stock immediately available in the customer shopping area or onsite;

8. Operate at the retailer address indicated in the state agency's application or authorization record; this address shall be the sole location at which WIC customers purchase supplemental foods and formulas;

9. Be open for business at least 50 hours per week;

10. Meet all business integrity criteria as defined in 7 CFR 246.12;

11. Provide supporting documentation to the state agency including annual food sales information or tax records that will be used to ensure that no more than 50% of the retailer's total food sales were derived from WIC sales;

12. Comply with all corrective actions identified during prior WIC authorizations and pay all civil monetary penalties, if applicable;

13. Purchase contract and special formula from a distributor, supplier, wholesaler, or retailer who is approved by the Virginia WIC Program to sell formula; and

14. Participate in the WIC Program's direct deposit ACH process used for reimbursement and collection purposes.

C. Retailers shall not offer drive-through window or home delivery services for WIC purchases. The participant must take physical possession of purchased food and formula items at the time of transaction when the WIC food instrument is redeemed.

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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