12VAC5-195-370. Authorization exception decisions.
The state agency may make authorization exceptions to ensure that adequate access exists based on at least one of the following criteria:
1. Provide reasonable access;
2. Provide safe access due to a physical barrier or impediment including a multilane highway, river, bridge, or physical terrain (i.e., mountains);
3. Provide best pricing or a highly competitive alternative retailer location to eligible participants to purchase WIC-approved foods, when compared to other available retailers located within a given city or county;
4. Promote competition in a trade area previously identified as not having a price competitive authorized retailer location available;
5. Improve customer service or remove an existing service barrier (i.e., language, cultural);
6. Improve WIC customer access because the retailer is within a safe and reasonable walking distance and is located in close proximity to one or several low income housing units where WIC participants reside;
7. The retailer's draw area is broader than the retailer's immediate trade area. The retailer's draw area includes cities and counties that cross geographical boundaries; or
8. Expand access to WIC eligible foods that are purchased by a specific ethnic population.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Historical Notes
Derived from Virginia Register 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.