Cal. Code Regs. tit. 22 § 40737

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 40737 - WIC Application Review

The Department may deny authorization to accept WIC Program food instruments to food vendor who has:

(a) A record of non-compliance with WIC Program contractual provisions and conditions set forth in 40735(b)(4) of these regulations or,
(b) Prices for the WIC Program supplemental foods that have been determined by the Department to exceed those for similar markets in similar geographic areas or,
(c) Limited stock or lack of specific WIC Program supplemental foods or,
(d) Unusual or irregular hours or inaccessible location which are determined by the Department to be inconvenient for the customer or,
(e) Failed to appear at scheduled vendor education group meetings or,
(f) No visible or posted prices on WIC food items or,
(g) No fixed store location to enable routine monitoring visits and in-store compliance purchases to verify compliance with WIC contractual requirements, such as home delivery operators or,
(h) A conflict of interest with the local WIC agency or,
(i) Misrepresented the facts on the food vendor application or,
(j) An ownership interest in a market during a period for which a sanction is in effect, or during a period for which an audit claim is outstanding.

Cal. Code Regs. Tit. 22, § 40737

1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2. Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March 30, 2020, which allowed the director of the State Department of Public Health to make temporary changes to certain regulations relating to the Women, Infants, and Children Program, due to the COVID-19 pandemic.

Note: Authority cited: Sections 311 and 312, Health and Safety Code. Reference: Sections 314, 315 and 315.5, Health and Safety Code.

1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).