Administrative Code

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

12VAC5-195-370. 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 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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