Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 195. Virginia WIC Program

12VAC5-195-490. Retailer confidentiality.

A. Background and pricing information collected by the state agency related to evaluating the authorization status of a retailer or collected from food instruments redeemed by an authorized retailer are confidential and may be released only as provided in 7 CFR 246.26.

B. In accordance with federal regulations, 7 CFR 246.26, confidential retailer information is any information about a retailer, whether it is obtained from the retailer or another source, that individually identifies the retailer, except for the following: retailer name, physical mailing address, telephone number, website, email address, retailer type, and authorization status. All other retailer specific information is restricted from disclosure by the state agency.

C. Upon receiving a written request from a retailer or its parent corporation, the state agency shall only release background and pricing information that has been provided by or that pertains to the requestor. Under no circumstances may the state agency release confidential information about the redemption revenue paid to retailers owned by other corporations.

D. Authorized retailers' peer group designation is confidential and is restricted from disclosure to persons and entities not directly associated with the authorized retailer location.

E. The state agency's inadequate participant access results completed for administrative purposes are considered confidential and not subject to review by the retailer or its agent, since this profile contains information protected by WIC Program regulations. Upon request, a copy of this work document may be released with all confidential information removed. This document in its entirety shall be made available to appropriate governmental bodies that are responsible to ensure that the state agency has fully complied with any mandated WIC Program requirements.

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.

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