[29 Pa.B. 3841]
[Continued from previous Web Page]
CHAPTER 1103. AUTHORIZATION OF STORES Sec.
1103.1. Certification and recertification reviews. 1103.2. Probationary certification. 1103.3. Authorization of store slots. 1103.4. Selection and limitation criteria; authorization process. 1103.5. Minimum inventory. 1103.6. Waiting list. 1103.7. Participant hardship. § 1103.1. Certification and recertification reviews.
(a) Qualifying for certification or recertification. To be certified or recertified as a WIC authorized store, a store shall meet the selection criteria in § 1103.4(a) (relating to selection and limitation criteria; authorization process) at the time of the onsite review. If the number of applicants satisfying the selection criteria exceeds the number of stores the Department permits to participate in the WIC Program in a trade area under the limitation criteria in § 1103.4(b), the Department will determine which store to certify or recertify under the process in § 1103.4(c). The Department will exempt a store from satisfying the selection and limitation criteria only if there is a finding of participant hardship, as set forth in § 1103.7 (relating to participant hardship).
(b) Certification or recertification review process. The certification or recertification review process is as follows:
(1) A person authorized on behalf of a store to make an application for certification or recertification shall contact the local agency responsible for the county in which the store is located to request an application.
(2) The local agency shall determine if a store slot is available in the trade area in which the store seeking certification or recertification is located.
(3) If a store slot is available, the local agency shall send the WIC Program information and an application to the store.
(4) A store that is not certified shall complete the application in accordance with the instructions therein and return it to the local agency. If the local agency is apprised by a certified store that it wants to be recertified, the local agency shall collect the application from the store at the time of the onsite review. The Department will not accept an application for certification or recertification from a store that has been provided notice of disqualification or is disqualified from the WIC Program. The WIC Program disqualification period shall be completed before an application will be accepted by the Department. The Department may deny an application for certification from a new owner of a recently purchased store if the Department determines that the purpose of the sale of the business was a sham transaction to avoid a WIC disqualification.
(5) A person authorized on behalf of a chain of stores to make an application for certification or recertification shall complete a separate application for each store in the chain that seeks certification or recertification.
(6) The local agency shall schedule an onsite review of the store for the purpose of determining if the store meets the selection and limitation criteria in § 1103.4(a) and (b). The local agency will notify the store of the approximate date of the review.
(7) The local agency shall conduct the onsite review and forward the results to the Department for a decision on the store's application for certification or recertification.
(8) The Department will notify the store of its decision on the store's application for certification or recertification.
(c) Duration of certification or recertification. The certification or recertification of a store shall remain in effect until the store is disqualified, changes ownership, withdraws from the WIC Program, its application for recertification is denied or its certification expires if it fails to apply for recertification. The Department will provide 15 days written notice to the store prior to expiration of WIC authorization for any store failing to apply for recertification. Either the Department or the WIC authorized store may terminate the authorization for cause after providing at least 15 days advance written notice.
(d) Periodic reviews. At least once every 2 years, the Department will conduct contemporaneous certification and recertification reviews in a trade area for the purpose of filling store slots in that trade area with WIC authorized stores. Both stores that are certified, and stores that are not certified but want to become WIC authorized stores, shall make an application for certification or recertification. The Department will send a notification of the contemporaneous certification/recertification review process to each WIC authorized store and each store on the waiting list. The notice shall include information advising the store of the procedure for being reviewed for the purpose of receiving certification or recertification. The Department will notify a store which fails to seek recertification or is denied recertification under this subsection of the date the store's current certification expires. Expiration of the certification will not be less than 30 days after the mailing date of the notice.
(e) Moratorium on applications. The Department will not accept applications, or schedule or conduct certification reviews in a trade area 90 days or less prior to the scheduled start date of the contemporaneous certification/recertification reviews in that trade area. The Department will grant an exception to this moratorium only if the Department finds that there would be participant hardship, as set forth in § 1103.7, if it does not consider the application. A store granted certification under this exception shall be exempt from the contemporaneous certification/recertification review if it has been certified for less than 60 days prior to the date the contemporaneous reviews begin in the trade area.
(f) No opportunity to correct problems. When the Department is making a decision on an application for certification or recertification, it will deny the application if the criteria for certification or recertification set forth in § 1103.4(a) and (b) are not satisfied. The Department will make its decision on the application without providing a warning or an opportunity to correct problems identified during the certification or recertification review.
(g) Eligibility for stores denied certification or recertification. A store which has been denied certification or recertification shall wait 6 months from the date of the Department's decision to reapply, except a store denied certification or recertification under § 1103.4(c)(2) will be placed on a waiting list and will be considered immediately for certification if a store slot becomes open.
§ 1103.2. Probationary certification.
(a) Criteria for probationary certification. If during the certification or recertification review, the store fails to meet one or more of the qualifications in § 1103.4(a) and (b) (relating to selection and limitation criteria; authorization process), the Department may grant probationary certification to the store for a period not to exceed 6 months when either of the following applies:
(1) Participant hardship would occur if the store is not certified or recertified.
(2) A store is reviewed prior to opening to the public and the store has not stocked its dairy section or its frozen juice section at the time of the review.
(b) Probationary certification reviews.
(1) If a store receives probationary certification, except in situations of participant hardship identified in § 1103.7(b)(8) (relating to participant hardship), the Department will conduct an unannounced onsite review during the probationary certification period to determine if regular status should be granted to the store. The Department may rescind probationary certification and deny the store's application to serve as a WIC authorized store if the store fails to meet one or more of the selection criteria during this review.
(2) If a store receives probationary certification due to participant hardship as identified in § 1103.7(b)(8), the Department will conduct a certification review of the store and any other stores on the waiting list within the store's trade area. The Department may rescind probationary certification and deny the store's application to serve as a WIC authorized store if the store fails to meet one or more of the selection or limitation criteria during this review.
(c) Extension of probationary certification. If the store fails the review conducted during the probationary certification period, and participant hardship exists as determined by the Department, the Department may extend probationary certification for an additional 3 months during which time at least one representative of the store who is responsible for training store personnel on the WIC Program shall attend corrective training.
(d) Extended probationary certification reviews. The Department will conduct an unannounced onsite review during the extended probationary certification period after the store representative has attended corrective training, to determine if certification should be granted to the store. The Department will rescind probationary certification and deny the store's application to serve as a WIC authorized store if the store fails to meet one or more of the selection criteria during this review.
(e) Rescission of probationary certification. If the Department rescinds the probationary or extended probationary certification of a store, the store is not eligible to reapply for certification for 6 months from the date of the Department's rescission of the certification.
§ 1103.3. Authorization of store slots.
The Department will assign one store slot for every 160 participants anticipated by the Department to participate in the WIC Program, except in Philadelphia, where the Department will assign one store slot for every 260 participants anticipated by the Department to participate in the WIC Program.
§ 1103.4. Selection and limitation criteria; authorization process.
(a) Selection criteria. The Department will use the following selection criteria to identify stores that meet the operational criteria to serve as a WIC authorized store:
(1) The store shall be located within this Commonwealth.
(2) A store shall serve or reasonably expect to serve at least 25 participants per month.
(i) The Department will provide a store seeking certification which has not been certified previously, an 8-month period to determine if the store is serving 25 participants. The Department may disqualify a store for a period of no less than 6 months in accordance with § 1107.1(i) (relating to sanctions) if it is not serving 25 participants at the end of the 8-month period.
(ii) The Department may deny recertification if the store is not serving 25 participants per month in the most recent month for which the Department has participant data at the time the recertification review is conducted.
(3) The store shall have allowable foods properly stored and refrigerated.
(4) The store may not have stale-dated allowable foods on its sales floor.
(5) The store shall have available on the sales floor at all times the minimum inventory requirements in § 1103.5 (relating to minimum inventory) of allowable foods.
(6) The store shall have shelf prices less than the maximum allowable cost established by the Department for Food Prescription One and Food Prescription Two. The highest price of each allowable food available at the store, regardless of brand, shall be recorded to determine if the store's prices are within the maximum allowable prices established by the Department. The Department will publish in the Pennsylvania Bulletin, no later than September 15 of each year, the maximum allowable prices for Food Prescription One and Food Prescription Two. Revisions to the maximum allowable prices will be published in the same manner. Food Prescription One and Food Prescription Two are as follows:
(i) Food Prescription One consists of the following:
(A) Eighteen quarts or 9 1/2 gallons of milk.
(B) One pound of cheese.
(C) One dozen eggs.
(D) One 15 to 18 ounce container of peanut butter.
(E) One pound of dried beans or peas.
(F) Four 11.5 to 12 ounce containers of frozen concentrated juice or four 46 ounce cans of single strength juice.
(G) Thirty ounces of cereal.
(ii) Food Prescription Two consists of: 24 13 ounce cans of concentrated contract brand milk or soy based infant formula.
(7) The store shall be open for business at least 8 hours per day, 6 days per week.
(8) The store shall be sanitary. There may not be evidence of unremoved rubbish, vermin or general lack of cleanliness.
(9) The store shall operate in a permanent fixed location where participants may purchase allowable foods with their WIC checks.
(10) The store may not be currently disqualified from participation in the Food Stamp Program or have had a sanction imposed by the USDA-FNS for Food Stamp Program violations within 2 years prior to the application to participate in the WIC Program.
(11) The store may not be currently disqualified from the WIC Program or have been denied certification or recertification by the WIC Program within the past 6 months unless the conditions of § 1103.6(a)(2) (relating to waiting list) are met.
(12) The store shall have implemented all required corrective actions resulting from monitoring by the Department, including repayment of any overcharges to the WIC Program, and shall be in compliance with all applicable Federal and State regulations.
(b) Limitation criteria. The Department will use the following criteria to limit the number of WIC authorized stores in a trade area:
(1) A store slot shall be available in the trade area in which the store is located.
(2) The store may not be located within 1 mile of another WIC authorized store unless the Department determines that there is sufficient WIC participant shopping within the 1 mile area to support an additional WIC authorized store. For the purpose of this section, in order to support the authorization of each additional WIC authorized store within the 1-mile radius, sufficient WIC participant shopping shall mean that the Department has documentation that at least 160 WIC participants per store slot authorized are currently making WIC purchases within the 1-mile radius, except in Philadelphia where sufficient WIC participant shopping shall mean that the Department has documentation that at least 260 participants per store slot authorized are currently making WIC purchases within the 1-mile radius.
(c) Authorization process.
(1) If the total number of stores meeting all selection criteria are less than or equal to the total number of store slots assigned to the trade area, all stores meeting the selection criteria shall be authorized to participate in the WIC Program.
(2) If the total number of stores meeting all selection criteria are greater than the total number of store slots assigned to the trade area, the Department will certify or recertify the stores having the lowest weighted prices for the two food prescriptions, until the store slots in the trade area have been filled. For determining the weighted food prices for the two food prescriptions, the Department will add 80% of the total of the store's highest price for Food Prescription One to 20% of the store's highest price for Food Prescription Two.
(3) The criteria in paragraph (2) also apply when more than one store applies for certification or recertification within 1 mile and there is not a sufficient number of participants in the area to support an additional WIC authorized store or stores.
§ 1103.5. Minimum inventory.
(a) A store shall have available on the sales floor at the time of the certification or recertification onsite review, and maintain at all times thereafter while participating as a WIC authorized store, minimum inventory requirements of allowable foods.
(b) Minimum inventory requirements of allowable foods are as follows:
(1) Formula.
(i) Contract milk-based formula with iron:
(A) Sixty-two 13 ounce cans of liquid concentrate.
(B) Twenty-five 32 ounce cans of ready-to-feed.
(C) Six 14.1 ounce cans of powdered.
(ii) Contract soy-based formula:
(A) Thirty-one 13 ounce cans of liquid concentrate.
(B) Twenty-five 32 ounce cans of ready-to-feed.
(C) Six 14 ounce cans of powdered.
(iii) Other standard formulas specified on the WIC check are not minimum inventory requirements. The store shall be able to provide these within 72 hours after a participant makes a request for the formula.
(2) Milk.
(i) Fluid whole, vitamin D fortified, fourteen 1/2 gallons or quart equivalent.
(ii) Fluid skim or low fat, vitamin A and D fortified, four 1/2 gallons or quart equivalent.
(iii) Nonfat dry, 2 pounds, in 1 or 2 pound containers.
(iv) Evaporated, twelve 12 ounce cans.
(3) Natural domestic cheese. One pound each of three varieties prepacked in 8 or 16 ounce packages.
(4) Grade ''A'' eggs. Five, 1 dozen containers.
(5) Juices.
(i) Canned, three varieties with a total of nine 46 ounce cans.
(ii) Frozen concentrated, two varieties with a total of nine 11.5 to 12 ounce containers.
(iii) Infant, three varieties with a total of fifteen 4 ounce individual containers.
(6) Cereal.
(i) Adult, five varieties in eight ounce or larger packages totaling at least 72 ounces.
(ii) Infant, two varieties, totaling at least 32 ounces.
(7) Peanut butter. Five 15 to 18 ounce containers.
(8) Dried peas and beans. Two varieties, 1 pound each.
(9) Tuna. Four 6 to 6.5 ounce cans, chunk, light, packed in water.
(10) Carrots. Two pounds of whole, unpeeled fresh carrots in 1 or 2 pound cello pack, or two cans of sliced carrots in 14 to 20 ounce cans.
(c) Annual publication of WIC food list. The Department will publish in the Pennsylvania Bulletin, no later than September 15 of each year, the name of the contract brand of formula and, if applicable, the names of allowable brands of foods, and the maximum price permitted for those allowable foods for which the Department establishes a maximum price.
(d) Waivers. The Department may grant minimum inventory waivers for allowable foods listed in subsection (e) under the following circumstances:
(1) For a WIC authorized store, the Department has no current reported purchases of the allowable foods based upon WIC checks redeemed by the store.
(2) For a store seeking certification, the Department has no current reported purchases of the allowable foods based upon WIC checks redeemed by the WIC authorized store closest to the store applying for certification.
(3) The store occupies the same physical location as a prior WIC authorized store, the waiver was granted to the prior WIC authorized store, and the application for certification from the new owner is received by the Department within 3 months after the date the prior WIC authorized store's certification to participate in the WIC Program terminated.
(e) Waiverable allowable foods. These foods are:
(1) Contract milk based with iron ready-to-feed infant formula.
(2) Contract milk based with iron powdered infant formula.
(3) Contract soy based ready-to-feed infant formula.
(4) Contract soy based powdered infant formula.
(5) Nonfat dry milk.
(6) Evaporated milk.
(7) Carrots.
(8) Tuna.
(f) Expiration of waivers. A minimum inventory waiver of an allowable food granted by the Department shall expire upon the presentation to the store, on behalf of a participant, of a WIC check for the purchase of that allowable food. The WIC authorized store shall provide the food item within 72 hours after presentation of the WIC check.
§ 1103.6. Waiting list.
(a) Placement of stores on the waiting list. The Department will place on a waiting list eligible stores as follows:
(1) A store that seeks to become a WIC authorized store if no store slots are open in the trade area where the store is located.
(2) When the total number of stores seeking certification or recertification is greater than the total number of store slots available for the trade area, and the store meets all selection criteria and has prices within the maximum allowable costs of Food Prescription One and Food Prescription Two, but is denied authorization because its weighted price is higher than other stores meeting all selection and limitation criteria.
(3) A store that seeks to apply during a moratorium as set forth in § 1103.1(c) (relating to certification and recertification reviews).
(b) Certification review of stores on waiting list. The Department will ensure that all stores on the waiting list in a trade area will be reviewed when a store slot becomes available in the trade area, or when stores in the trade area are reviewed during the next contemporaneous certification/recertification review process. The only exception to reviewing all stores on the waiting list is when a store slot opens as a result of a change of ownership of a store and the store, under new ownership, applies for certification under § 1105.4(c) (relating to change of ownership of a WIC authorized store). The Department will review the store under its new ownership to determine if the store should receive certification.
§ 1103.7. Participant hardship.
(a) The Department will consider whether there is participant hardship when considering whether to place a store on probation, rather than deny certification or recertification, for failure to meet selection and limitation criteria in § 1103.4(a) and (b) (relating to selection and limitation criteria; authorization process) during certification and recertification reviews or change of ownership reviews.
(b) Participant hardship is any of the following:
(1) Ten or more participants whose specific nationality, ethnicity or religious dietary needs can not be served properly by another WIC authorized store located within 3 miles of the store, except in Philadelphia, where the distance of 1 mile to the next closest WIC authorized store will be used for the determination.
(2) Ten or more participants will be required to travel 3 or more miles to the next closest WIC authorized store, except in Philadelphia, where the distance of 1 mile to the next closest WIC authorized store will be used for the determination.
(3) Ten or more people are affected by physical barriers or conditions which make normal travel to another WIC authorized store impractical.
(4) A participant has a physical disability that cannot be accommodated by another WIC authorized store within 3 miles, except in Philadelphia, where the distance of 1 mile to the next closest WIC authorized store will be used for the determination.
(5) One hundred or more participants but less than 200 participants use WIC checks to purchase allowable foods at the store and the distance to the next closest WIC authorized store exceeds 2 miles.
(6) Two hundred or more participants but less than 300 participants use WIC checks to purchase allowable foods at the store and the distance to the next closest WIC authorized store exceeds 1 mile.
(7) Three hundred or more participants use WIC checks to purchase allowable foods at the store and the distance to the next closest WIC authorized store exceeds 3/10 of a mile.
(8) A WIC authorized store changes ownership without the Department receiving prior notice sufficient to arrange other accommodations for participants.
CHAPTER 1105. REQUIREMENTS OF WIC AUTHORIZED STORES Sec.
1105.1. Training. 1105.2. Overcharge recovery system. 1105.3. Terms and conditions of participation. 1105.4. Change of ownership of a WIC authorized store. 1105.5. Changes in availability or location of WIC authorized stores. 1105.6. Monitoring of WIC authorized stores. § 1105.1. Training.
(a) Initial training. Following certification, the local agency shall provide initial training for the personnel a certified store designates. The training shall be mandatory and shall occur within 30 days after the date of certification. A store receiving certification may not accept WIC checks prior to having its designated personnel attend the initial mandatory training.
(b) Annual training. The Department will provide for WIC authorized stores annual training which is designed to prevent WIC Program errors and abuses and to improve WIC Program services. The following apply to annual training:
(1) A WIC authorized store shall ensure that at least one representative from the store who is responsible for training store personnel on the WIC Program shall attend.
(2) Attendance is mandatory.
(3) The Department will offer each WIC authorized store two opportunities to attend.
(4) The Department will ensure that annual training is offered to a WIC authorized store either within the county in which it is located or in an adjoining county within the appropriate local agency's jurisdiction.
(5) Failure to have at least one representative attend training shall result in the Department imposing sanctions against the WIC authorized store as in § 1107.1 (relating to sanctions).
(c) Corrective training. The Department will provide corrective training as set forth in §§ 1103.2 and 1105.6 (relating to probationary certification; and monitoring of WIC authorized stores). Attendance is mandatory.
§ 1105.2. Overcharge recovery system.
(a) Quarterly price reports. A WIC authorized store shall provide to the Department, in a format prescribed by the Department, the highest prices the store charged for allowable foods during the previous quarter for which the Department collects prices. The report shall be known as the Quarterly Price Report. A store may submit its Quarterly Price Report by mail or fax. If submitted by mail, the Quarterly Price Report shall be postmarked no later than the 15th of the month following the end of the calendar quarter. If submitted by fax, the Quarterly Price Report must be received by the Department by the 15th of the month following the end of the calendar quarter.
(b) Department review. The Department will review WIC check amounts redeemed by a WIC authorized store against the prices reported on the store's Quarterly Price Report to determine and collect overcharges owed to the Department.
(c) Determination of maximum redemption amount of each WIC check. For each WIC check redeemed for which the store was reimbursed for the sale of foods for which the Department collects prices, the Department will determine the maximum amount for which the WIC authorized store could have redeemed the check based upon prices provided in the Quarterly Price Reports supplied by the store.
(d) Determination of overcharges. The Department will compare the maximum amount for which a WIC authorized store could have redeemed a WIC check based upon the prices in the store's Quarterly Price Report, against the actual amount for which each WIC check accepted by the store during a reporting quarter was redeemed, to determine any overcharge owed to the Department.
(e) Pursuit of reimbursement. The Department will seek reimbursements from a WIC authorized store for the store's overcharges totaling $10 or more for a calendar quarter.
(f) Reimbursement of overcharges. A WIC authorized store shall submit reimbursement of overcharges to the Department within 20-calendar days of the date on the Department's billing notice for the overcharge, unless the WIC authorized store disputes the overcharge determination.
(g) Overcharge disputes. A WIC authorized store that disputes an overcharge billing shall submit the basis for its dispute in writing to the Department, postmarked within 15-calendar days of the date on the Department's billing notice. Upon resolution of an overcharge dispute, any overcharge the Department determines to be owing shall be due within 15-calendar days of the mailing date on the Department's notification of its resolution of the dispute.
(h) Sanctions. The Department will impose a sanction against a WIC authorized store under § 1107.1 (relating to sanctions) if the store fails to pay overcharges due within the time required under subsections (f) and (g).
(i) Disqualification. The Department may disqualify a WIC authorized store if the store's reported prices on the Quarterly Price Report exceed the current maximum allowable cost as published by the Department for Food Prescription One or Food Prescription Two, set forth in § 1103.4(a)(6)(i) and (ii) (relating to selection and limitation criteria; authorization process).
§ 1105.3. Terms and conditions of participation.
(a) General terms and conditions. A WIC authorized store shall adhere to this subsection. Failure to do so shall result in the imposition of sanctions as set forth in § 1107.1 (relating to sanctions). A WIC authorized store shall:
(1) Adhere to all applicable statutes and State and Federal regulations regulating the WIC Program, including the nondiscrimination provisions of 7 CFR Parts 15, 15a, 15b and 246, and this part.
(2) Inform the public of its participation in the WIC Program by displaying at least one WIC decal supplied by the Department in a place conspicuously visible to the general public.
(3) Monitor, supervise and be accountable for the actions of employes in the handling of WIC checks, the selling of allowable foods, and the performance of other conduct related to the WIC Program.
(4) Maintain the minimum inventory of allowable foods.
(5) Ensure that allowable foods are properly stored and refrigerated.
(6) Ensure that there are no stale dated allowable foods on the sales floor.
(7) Provide the Department, on the Quarterly Price Report form provided by the Department, the highest prices of allowable foods specified on the report form.
(8) Maintain a clean and sanitary store.
(9) Provide orientation and training to employes regarding applicable regulations governing the WIC Program.
(10) Maintain a copy of the current WIC food list at each check-out aisle.
(11) Send at least one representative who is responsible for training store personnel on the WIC Program to WIC Program training annually, or more often if required by the Department under § 1105.1(c) (relating to training).
(12) Immediately notify the Department when store ownership changes, when store operations cease on a permanent or temporary basis, or when any other circumstance impacting service to participants occurs.
(13) Allow Federal, State, Department and local agency representatives who are involved in monitoring the store's compliance with statutes and regulations governing the WIC Program, to visit the store to observe its procedures for accepting and handling WIC checks and to conduct announced or unannounced onsite reviews to determine compliance with applicable Federal and State regulations.
(14) Provide Federal, State, Department and local agency representatives who are involved in monitoring the store's compliance with statutes and regulations governing the WIC Program, access to a WIC checks accepted by the store and on its premises at the time of an onsite review.
(15) Provide Federal, State, Department and local agency representatives who are involved in monitoring the store's compliance with statutes and regulations governing the WIC Program, access to price and inventory records during an onsite review.
(16) Agree that neither the Department nor the WIC authorized store has an obligation to renew the store's authorization to participate in the WIC Program.
(17) Agree that the store's authorization to participate in the WIC Program shall become null and void when ownership of the store changes.
(18) Display the current shelf price of each allowable food either on the allowable food on the shelf immediately above or below the allowable food or prominently on an allowable food price list easily located by participants and clearly visible to them.
(19) Not transfer or assign its WIC certification or recertification to another person or entity.
(20) Reimburse the Department for funds received through transactions involving WIC checks which were not conducted in accordance with this part.
(21) Maintain price and inventory records for allowable foods for a minimum period of 6 months from the date of receipt of the inventory.
(b) Terms and conditions of participation with regard to participants. A WIC authorized store shall serve participants as set forth in this subsection. The Department will impose sanctions against a WIC authorized store that fails to do so, as set forth in § 1107.1. A WIC authorized store shall:
(1) Provide allowable foods to participants only as authorized on the WIC food list and as specified on the WIC check.
(2) Not encourage or discourage a participant from purchasing allowable food specified on the WIC check.
(3) Provide allowable foods to participants at or below the current price the store charges other customers.
(4) Not seek restitution or payment from participants for WIC checks not reimbursed by the Department, or contact participants concerning WIC transactions that occur in the store.
(5) Not seek restitution or payment from participants for allowable foods when the price the store charges for the allowable foods exceeds the ''Not to Exceed'' amount on the WIC check.
(6) Not request personal addresses, telephone numbers or other personal identification of participants.
(7) Offer participants the same courtesies offered other customers, and not distinguish or identify participants from other customers.
(8) Provide services to participants without regard to race, color, age, sex, religion, national origin or disability.
(9) Give trading stamps to participants for purchases made with WIC checks if trading stamps are given for cash purchases.
(10) Accept cents-off coupons, a store discount card or other discounts from participants for allowable foods, and deduct the savings in calculating the total purchase price entered into the ''Pay Exactly'' amount on WIC checks.
(11) Accept ''buy one get one free'' coupons and manufacturers' promotional free product offers from participants.
(c) Terms and conditions of participation with regard to WIC check processing and redemption. A WIC authorized store shall adhere to the requirements of this subsection with regard to WIC check processing and redemption. The Department will impose sanctions against a WIC authorized store that fails to do so, as set forth in § 1107.1. A WIC authorized store shall:
(1) Treat the acceptance of a WIC check as a financial transaction between only the Department and the WIC authorized store, not the participant
(2) Accept a WIC check only if the WIC check is made payable to that specific WIC authorized store, unless the Department has provided written authorization otherwise to the store.
(3) Accept a WIC check only if the participant, endorser or proxy presents the WIC check on or between the ''First Day to Use'' and the ''Last Day to Use'' designations on the WIC check.
(4) Accept a WIC check only if a valid WIC identification card is presented at the time of redemption.
(5) Accept a WIC check only if the signature of the participant, endorser or proxy is obtained, at the time of purchase, on the WIC check, and the signature on the WIC check matches the signature on the WIC identification card.
(6) Accept a WIC check only if there is no visible alteration on the WIC check.
(7) Charge the WIC Program only for the types and quantities of allowable foods specified on the WIC check and selected for purchase by the participant, endorser or the participant's proxy.
(8) Record in ink, on each WIC check immediately after completion of the WIC transaction and prior to the participant, endorser or proxy signing the WIC check, the actual purchase amount of the transaction net of any cents-off coupons or other discounts.
(9) Properly correct an error made in recording the ''Pay Exactly'' amount of a WIC check by drawing a single line through the incorrect amount and writing the correct amount above or below the error and having the participant, endorser or proxy initial next to the corrected amount. No other corrections are permissible.
(10) Not alter any information on the WIC check as presented by the participant, endorser or proxy.
(11) Not provide substitute items, rainchecks or cash reimbursement for allowable foods that are unavailable.
(12) Not provide cash or credit for a WIC check.
(13) Not provide change for the difference between the ''Not to Exceed'' and the ''Pay Exactly'' amounts on the WIC check nor for any coupons tendered during the WIC transaction.
(14) Not refund money or provide exchanges to replace allowable foods returned by participants, endorsers or proxies.
(15) Not accept a WIC check as payment for items other than allowable foods specified on the WIC check.
(16) Not charge the WIC Program for allowable foods not received by the WIC participant or for allowable foods provided in excess of those listed on the WIC check.
(17) Not charge the WIC Program for the sale of an amount of an allowable food which exceeds the store's documented inventory of that food item covering the period of time under review and in which the sale was made.
(18) Deposit WIC checks accepted by it directly to its bank account no later than 45 days after the ''First Day to Use'' date on the WIC check.
(19) Not receive, transact, redeem or otherwise dispose of a WIC check outside of check redemption procedures set forth in this section.
(20) Not use a WIC check for the purchase of any commodity or the payment of any debt.
(21) Not collect sales tax on allowable food purchases.
(22) Reimburse the Department for payments the store has received for improperly executed WIC checks.
(d) The Department will deny payment to a WIC authorized store for WIC checks which the store did not process under subsection (c).
§ 1105.4. Change of ownership of a WIC authorized store.
(a) A certification or recertification is null and void when a change of ownership of a WIC authorized store occurs.
(b) To allow uninterrupted service to participants subsequent to a change of ownership, the Department may accept an application for certification from the prospective new owner of a WIC authorized store prior to a change of ownership.
(c) When a change of ownership occurs and participant hardship as defined in § 1103.7 (relating to participant hardship) would result, the store under the new ownership may receive probationary certification for a period not to exceed 6 months if the State conducts an immediate onsite visit followed by a complete certification visit at the store. Until the immediate onsite visit is conducted, the new owner may not accept WIC checks. As soon as possible within the 6 month probationary period or during the next recertification process, whichever occurs first, the store under the new ownership shall compete with stores on the waiting list in the trade area for the store slot.
(d) The Department will not accept an application for certification from a store that has been provided notice of disqualification or is serving a disqualification if an individual who had at least a 10% ownership interest in the store has at least a 10% ownership interest in the applicant or the ownership interest has been transferred or sold to immediate family members of the individual.
§ 1105.5. Changes in availability or location of WIC authorized stores.
(a) Notification of store closing. A WIC authorized store shall notify the Department at least 15 days prior to a temporary or permanent closing of the store, and of the reason for closing and the expected duration of a temporary closing, if it has at least 15 days prior knowledge. Otherwise, it shall provide this information to the Department immediately after it acquires the information.
(b) Temporary store closing. The Department may permit a WIC authorized store to temporarily close for reasons such as a natural disaster, death in immediate family or personal illness, without imposing a sanction against the store. In making a determination to permit a temporary closure, as well as the length of time of the closure, the Department will consider circumstances such as the nature of the disaster, number of WIC authorized stores affected by the disaster, nature and expected duration of illness, length of closing anticipated by the WIC authorized store, number of and distance to other WIC authorized stores, number of participants served by the store, number of stores on the waiting list or any other information that the Department may determine to be relevant.
(c) Store closing for remodeling.
(1) A WIC authorized store that closes for more than 24 hours but less than 3 days for remodeling will not lose its certification, provided it notifies the Department at least 15-calendar days prior to the day the store closes for remodeling.
(2) A WIC authorized store that closes in excess of 3 store operation days for remodeling, shall lose its WIC authorization and shall reapply for and secure certification before it may again serve as a WIC authorized store.
(d) Store relocations.
(1) A WIC authorized store that relocates 1 mile or less from its current location, and reopens within 3-calendar days at its new location, shall provide the Department with written notification of its new address. The store will not lose its certification, provided it notifies the Department at least 15-calendar days prior to the day the store closes for relocating.
(2) A WIC authorized store relocating in excess of 1 mile of its current location shall lose its WIC authorization and shall reapply for certification at its new location.
(3) A WIC authorized store that closes in excess of 3 store operation days for relocating, without applying for and securing permission from the Department to do so, shall lose its WIC authorization and shall reapply for certification.
(e) Temporary authorization to accept WIC checks redeemable at other stores. The Department will temporarily authorize alternate WIC authorized stores to accept WIC checks designated on the face of the check to be used at another WIC authorized store, to provide participants with access to allowable foods when a WIC authorized store has permanently or temporarily closed, the store's authorization has been terminated, or the store has been disqualified as a WIC authorized store.
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