[32 Pa.B. 4585]
[Continued from previous Web Page]
CHAPTER 1103. AUTHORIZATION OF STORES § 1103.1. [Certification and recertification reviews] Authorization and reauthorization process and requirements.
(a) [Qualifying for certification or recertification] Duration of authorization or reauthorization. To [be certified or recertified] serve 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] be authorized in accordance with the requirements in subsection (b) or reauthorized in accordance with the requirements in subsection (c). [If the number of applicants satisfying the selection criteria exceeds the number of stores the Department permits to participate in the WIC Program 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 inadequate participant access, as set forth in § 1103.7 (relating to inadequate participant access).] A store's authorization or reauthorization shall remain in effect until the Department acts on the store's application for reauthorization when the next periodic review is conducted in the trade area in which the store is located, unless terminated earlier in accordance with subsection (d). At least once every 3 years, the Department will conduct a periodic review in each trade area. Failure to submit an application for reauthorization as prescribed under subsection (c) shall result in expiration of the store's authorization or reauthorization. The Department will provide 30 days written notice to the store prior to expiration of authorization or reauthorization for any store failing to submit an application. A store that has received a letter of authorization dated less than 60 days prior to the date of the notice of the periodic review in the store's trade area shall be exempt from the periodic review.
(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 accordance with § 1103.4.
(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 criteria in § 1103.4(a). 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.]
Authorization process.
(1) The store's representative shall contact the local agency responsible for the trade area where the store is located to request an application for authorization. The local agency shall send WIC Program information and an application for authorization to the store. The store shall complete the application for authorization and return it to the local agency.
(2) The Department will refuse to accept an application from a store if the store has been provided notice of disqualification or is disqualified from the WIC Program, if the Department determines that the store relocated or effected a change of ownership to avoid a disqualification, or if the store has been denied authorization or reauthorization and is not eligible to apply for authorization.
(3) The Department will not accept an application for authorization less than 90 days prior to the scheduled start date of the periodic review in that trade area unless the Department finds that there would be inadequate participant access, as set forth in § 1103.7, if it does not consider the application.
(4) If the store's application for authorization is accepted, the local agency shall schedule, as expeditiously as possible, an announced onsite review of the store to determine if the store meets the selection criteria in § 1103.4 (relating to selection criteria for authorization and reauthorization). The local agency shall notify the store in advance of the approximate date of the review.
(5) The local agency shall conduct the onsite review and forward the results to the Department for a decision on the store's application.
(6) The Department will deny the application if the selection criteria in § 1103.4 are not satisfied, unless the Department grants probationary authorization under § 1103.2 (relating to probationary authorization). The Department will notify the store in writing whether the store's application for authorization is granted or denied. If the Department denies the application for authorization, the store shall be eligible to reapply for authorization 6 months after the effective date of the denial.
(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 30 days written notice to the store prior to expiration of WIC certification for any store failing apply for recertification. Either the Department or the WIC authorized store may terminate the certification for cause after providing at least 30 days advance written notice.]
Reauthorization process.
(1) The Department will include an application for reauthorization with the notice of periodic review it sends to the store. The local agency will collect the application for reauthorization at the time of the announced onsite review of the store to determine if the store meets the selection criteria in § 1103.4. The local agency shall notify the store in advance of the approximate date of the review.
(2) The local agency shall conduct the onsite review and forward the results to the Department for a decision on the store's application.
(3) The Department will deny the application without advance warning if the selection criteria in § 1103.4 are not satisfied, unless the store requests and the Department grants temporary authorization in accordance with § 1103.3 (relating to temporary authorization) or the Department grants probationary authorization in accordance with § 1103.2. The Department will notify the store in writing whether the store's application for reauthorization is granted or denied. If the Department denies the application for reauthorization, the store shall be eligible to apply for authorization 6 months after the effective date of the denial. If the Department grants and later rescinds temporary authorization, the store shall be eligible to apply for authorization 1 year from the date of the first onsite review for reauthorization.
(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 shall be no less than 30 days after the mailing date of the notice.]
Termination of authorization or reauthorization. The Department will terminate a store's authorization or reauthorization if:
(1) The store has been disqualified.
(2) The store supplied false information in the application for authorization or reauthorization.
(3) The store is not serving at least 25 participants 8 months following authorization.
(4) Ownership of the store changes.
(5) The store relocates in excess of 1 mile of its current location and to a geographical area assigned to another local agency.
(6) The store closes for more than 3 business days and does not notify the Department.
[(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 inadequate participant access, 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 effective 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] authorization.
(a) Criteria for probationary [certification] authorization. If during the [certification or recertification] onsite review, the store fails to meet [one or more of the qualifications in] selection criteria at § 1103.4[(a) and (b)] (3), (4), (5), (6), (7) or (8) (relating to selection [and limitation] criteria[;] for authorization [process] and reauthorization), the Department [may] will grant probationary [certification] authorization to the store for a period not to exceed 6 months when either of the following applies:
(1) Inadequate participant access would occur if the store is not [certified or recertified] authorized or reauthorized.
(2) A store is reviewed prior to opening to the public and the store has not yet stocked its dairy section or its frozen juice section [at the time of the review].
(b) [Probationary certification reviews] Reviews during probationary authorization period.
[(1)] If a store receives probationary [certification, except in situations of inadequate participant access identified in § 1103.7(c)(8) (relating to inadequate participant access)] authorization, the Department will conduct an unannounced onsite review during the probationary [certification] authorization period to determine [if regular status should be granted to] whether the store is in compliance with selection criteria in § 1103.4. The Department [may] will rescind probationary [certification] authorization 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, unless extension is required under subsection (c). The Department will grant authorization or reauthorization, as applicable, if the store meets all selection criteria during the second onsite review.
[(2) If a store receives probationary certification due to inadequate participant access as identified in § 1103.7(c)(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] authorization. If the store fails the review conducted during the probationary [certification] authorization period, and inadequate participant access exists as determined by the Department, the Department [may] will extend probationary [certification] authorization 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] authorization reviews. The Department will conduct an unannounced onsite review during the extended probationary [certification] authorization period after the store representative has attended corrective training, to determine [if certification should be granted to] whether the store is in compliance with the selection criteria in § 1103.4. The Department will rescind probationary [certification] authorization 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. The Department will grant authorization or reauthorization, as applicable, if the store meets all selection criteria during the third and final unannounced onsite review.
(e) Rescission of probationary [certification] authorization. If the Department rescinds the probationary or extended probationary [certification] authorization of a store, the store is [not] eligible to [reapply] apply for [certification for] authorization 6 months from the date of the Department's rescission of [the certification] probationary or extended probationary authorization.
§ 1103.3. [Authorization of store slots] Temporary authorization.
[(a) Assignment of store slots. The Department will assign store slots based upon WIC participant density according to the following:
(1) In counties with WIC participant density greater than 100 participants per square mile, the Department will assign one store slot for every 175 WIC participants.
(2) In counties with WIC participant density of 25 to 100 participants per square mile, the Department will assign one store slot for every 150 WIC participants.
(3) In counties with WIC participant density less than 25 participants per square mile, the Department will assign one store slot for every 125 WIC participants.
(b) Yearly allocation of store slots. By October 1 of each year, the Department will evaluate WIC participant population to determine store slot allocations per county for each Federal Fiscal Year. The Department will publish these allocations in the Pennsylvania Bulletin no later than October 30 of each year.]
(a) Failure to meet selection criteria during onsite review. If a WIC authorized store that applies for reauthorization fails to meet one or more of the selection criteria in § 1103.4 (relating to selection criteria for authorization and reauthorization) during the announced onsite review, the store may request temporary authorization, except that a store that fails to meet the price and minimum inventory requirements of § 1103.4(5) shall be ineligible for temporary authorization. A store that is a high risk store or the subject of an ongoing compliance investigation also shall be ineligible for temporary authorization.
(b) Conditions of temporary authorization. Temporary authorization shall be conditioned upon the following:
(1) The Department will conduct a second announced onsite review during the temporary authorization period to determine whether the store is in compliance with the selection criteria in § 1103.4. The Department will grant reauthorization if the store meets all selection criteria during this review. The Department will rescind temporary authorization and deny the store's application for reauthorization if the store fails to meet one or more of the selection criteria during the second review.
(2) If the Department rescinds the temporary authorization of a store, the store is eligible to apply for authorization 1 year after the date of the first onsite review that was conducted following the Department's receipt of the store's application for reauthorization.
(3) The Department will reduce by 10% the maximum allowable prices for foods authorized for purchase on WIC checks the store redeems for WIC transactions that occur during the first 90 days of the temporary authorization period.
§ 1103.4. Selection [and limitation] criteria[;] for authorization [process] and reauthorization.
[(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:
* * * * * (2) A store seeking reauthorization 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 § 1107.1a(j) (relating to disqualifications) if it is not serving 25 participants at the end of the 8-month period.
(ii)] The Department [may] will deny [recertification] reauthorization 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] onsite review for reauthorization is conducted.
* * * * * (5) The store shall have available on the premises at all times the minimum inventory [requirements] of allowable foods required in § 1103.5 (relating to minimum inventory) [of allowable foods] at shelf prices that are equal to or less than the maximum allowable prices for those foods. The Department will publish in the Pennsylvania Bulletin quarterly the maximum allowable prices for allowable foods for the next quarter.
[(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 nine half 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 containers of single strength juice.
(G) Thirty ounces of cereal.
(ii) Food Prescription Two consists of: Thirty-one 13 ounce cans of concentrated contract brand milk or soy based infant formula.]
[(7)] (6) The store shall be open for business and able to serve participants at least 8 hours per day, 6 days per week.
[(8)] (7) The store shall be sanitary. There may not be [evidence of] unremoved rubbish, vermin, or general lack of cleanliness.
[(9)] (8) * * *
(9) If the store has been denied authorization or reauthorization within the past 12 months, the store must be eligible to apply for authorization under § 1103.1(b) or (c) (relating to authorization and reauthorization process and requirements) or § 1103.3(b)(2) (relating to temporary authorization).
(10) The store may not be currently disqualified from participation in the Food Stamp Program or have been assessed a civil money penalty in lieu of a disqualification from the Food Stamp Program that, had it been imposed, would not yet have expired.
(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] reimbursement of any overcharges [to the WIC Program] or overpayments, and shall be in compliance with all applicable Federal and State regulations.
(13) None of the store's current owners, officers, or managers shall have been convicted of or had a civil judgment entered against them for conduct demonstrating a lack of business integrity.
[(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 shall not be located within 1-mile of another WIC authorized store within the same trade area unless the Department determines that there is sufficient WIC participant shopping within the 1 mile area to support an additional WIC authorized store or stores. For the purpose of this paragraph, to support the authorization of each additional WIC authorized store within the 1 mile radius, sufficient WIC participant shopping shall be determined by the following:
(i) For counties with WIC participant density greater than 100 participants per square mile, there shall be at least 175 WIC participants shopping within 1 mile of the applying store for each store slot authorized.
(ii) For counties with WIC participant density of 25 to 100 participants per square mile, there shall be at least 150 WIC participants shopping within 1 mile of the applying store for each store slot authorized.
(iii) For counties with WIC participant density less than 25 participants per square mile, there shall be at least 125 WIC participants shopping within 1 mile of the applying store for each store slot authorized.
(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 and there is sufficient WIC participant shopping as defined in subsection (b)(2), 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 sufficient WIC participant shopping as defined in subsection (b)(2) to support an additional WIC authorized store or stores.]
§ 1103.5. Minimum inventory.
(a) A store shall have available on the premises at the time of the [certification or recertification] onsite review, and maintain at all times thereafter while participating as a WIC authorized store, the minimum inventory [requirements] of allowable foods at shelf prices equal to or less than the maximum allowable prices.
(b) Minimum inventory requirements of allowable foods are as follows:
(1) Formula.
(i) Contract brand milk-based formula with iron:
(A) [Sixty-two] Thirty-one 13 ounce cans of liquid concentrate.
* * * * * (C) [Six] Nine 14.1 ounce cans of powdered.
(ii) Contract brand soy-based formula:
* * * * * (C) [Six] Nine 14 ounce cans of powdered.
* * * * * (2) Milk.
(i) Fluid whole, vitamin D fortified, [fourteen] ten 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] 4 pounds, in 1 or 2 pound containers.
(iv) Evaporated, [twelve] twenty-four 12 ounce cans.
(3) Natural domestic cheese. [One pound each] Four pounds total of three varieties prepacked in 8 or 16 ounce packages.
(4) Grade ''A'' eggs. [Five] Three, 1 dozen containers.
(5) Juices.
(i) [Three] Two varieties with a total of [nine] seven 46 ounce containers.
(ii) [Frozen] Two varieties of frozen concentrated or shelf stable concentrated, [two varieties] with a total of [nine] seven 11.5 to 12 ounce containers.
(iii) Infant, three varieties of contract brand with a total of fifteen 4 ounce individual containers.
(6) Cereal.
(i) Adult, five varieties in 8 ounce or larger packages totaling at least [72] 40 ounces.
(ii) Infant, two varieties of contract brand in 8 ounce packages, totaling at least [32] 24 ounces.
(7) Peanut butter. [Five] One 15 to 18 ounce [containers] container.
* * * * * (c) Annual publication of WlC 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 infant formula, juice and cereal and, if applicable, the names of [allowable] brands and types of allowable foods[, and the maximum price permitted for those allowable foods for which the Department establishes a maximum price].
(d) [Waivers] Exceptions to minimum inventory requirements. The Department [may] will grant an exception to the minimum inventory [waivers] requirements for an allowable [foods] food listed in subsection (e) [under the following circumstances:] when the Department's most recent check redemption information for a store shows no purchases of the allowable food for more than 90 days.
[(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] Allowable foods to which exception may apply. These foods are:
(1) Contract brand milk based with iron liquid concentrate infant formula.
[(1)] (2) Contract brand milk based with iron ready-to-feed infant formula.
[(2)] (3) Contract brand milk based with iron powdered infant formula.
(4) Contract brand soy based liquid concentrate infant formula
[(3) ] (5) Contract brand soy based ready-to-feed infant formula.
[(4)] (6) Contract brand soy based powdered infant formula.
[(5)] (7) * * *
[(6)] (8) * * *
[(7)] (9) * * *
[(8)] (10) * * *
(f) Expiration of [waivers] exception to minimum inventory requirements. [A] The exception to minimum inventory [waiver of] requirements for 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] 48 hours after presentation of the WIC check.
§ 1103.6. [Waiting list] (Reserved).
[(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).
(4) When a store slot is open and the store seeking certification is located within 1 mile of a WIC authorized store, if the Department determines that there is not sufficient WIC participant shopping within the 1-mile area to support an additional WIC authorized store.
(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 section § 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. Inadequate participant access.
(a) The Department will consider whether there is inadequate participant access when considering whether to place a store on probation, rather than deny [recertification] authorization or reauthorization, for failure to meet selection [and limitation] criteria in § 1103.4[(a) and (b)] (relating to selection [and limitation] criteria[;] for authorization [process] and reauthorization) during [recertification reviews] the onsite review.
(b) The Department may [also] consider whether there is inadequate participant access when deciding [whether to place on probation a store undergoing a change of ownership under § 1105.4(b) and (c) (relating to change of ownership of a WIC authorized store)] whether to impose a civil money penalty in lieu of disqualification under § 1107.1 (relating to imposition of sanctions).
(c) Inadequate participant access 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 in accordance with one of the following:
(i) Less than 3 miles of the store for counties with [WIC] participant density less than 25 participants per square mile.
(ii) Less than 2 miles of the store for counties with [WIC] participant density of 25 to 100 participants per square mile.
(iii) Less than 1 mile of the store for counties with [WIC] participant density greater than 100 participants per square mile.
(2) Ten or more participants will be required to travel in accordance with one of the following:
(i) Three or more miles to the next closest WIC authorized store for counties with [WIC] participant density less than 25 participants per square mile.
(ii) Two or more miles to the next closest WIC authorized store for counties with [WIC] participant density of 25 to 100 participants per square mile.
(iii) One or more miles to the next closest WIC authorized store for counties with [WIC] participant density greater than 100 participants per square mile.
(3) A participant has a physical disability that cannot be accommodated by another WIC authorized store in accordance with one of the following:
(i) Within 3 miles of the store for counties with [WIC] participant density less than 25 participants per square mile.
(ii) Within 2 miles of the store for counties with [WIC] participant density of 25 to 100 participants per square mile.
(iii) Within 1 mile of the store for counties with [WIC] participant density greater than 100 participants per square mile.
* * * * * [(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.]
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