N.M. Code R. § 7.31.2.18

Current through Register Vol. 35, No. 11, June 11, 2024

Section 7.31.2.18 - VENDOR RESPONSIBILITIES

A. COMPLIANCE WITH FEDERAL, STATE AND LOCAL REQUIREMENTS: Vendors shall comply with all applicable federal, state and local laws, ordinances and regulations. Specifically, but without limitation, vendors shall comply with all WIC program requirements set forth herein, and as codified in the Code of Federal Regulations, which are incorporated herein by reference. In addition to sanctions set forth below, failure to comply with applicable WIC regulations may result in loss of federal food stamp program authorization.

B. FOOD INSTRUMENT REDEMPTION: Vendors shall:

(1) Provide to participants, in exchange for food instruments, only the foods and/or infant formulas specified on the authorized food and/or infant formula list, and in quantities less than or equal to those specified on the food instrument;

(2) Accept food instruments only for foods and/or infant formulas included in the agreement; and

(3) Comply with food instrument processing and redemption procedures as set forth by the State WIC Office.

C. VENDOR STAMPS:

(1) Liability for loss or misuse. Vendors are responsible for the vendor stamps with their unique identification number that are issued to them. Vendors shall keep the vendor stamp in a safe place, and shall promptly notify the State WIC Office of a lost, stolen, or damaged vendor stamp. Failure to promptly notify the State WIC Office of such loss may result in the vendor being held liable for reimbursement of illegally negotiated food instruments. A vendor shall pay the cost plus certified mailing fees for any additional vendor stamps.

(2) Duplication. A vendor shall not duplicate a vendor stamp.

(3) Authorized uses. The vendor stamp shall be used only to validate those food instruments accepted at the vendor location for actual purchases of authorized foods. Use of a vendor stamp for any other purpose is strictly prohibited.

(4) Return. Vendors shall return issued vendor stamps to the State WIC Office immediately upon a change in ownership, upon going out of business, upon bankruptcy, upon suspension or termination of authorization, or upon demand by the State WIC Office.

D. STOCK: Vendors shall at all times maintain fresh WIC authorized foods and/or infant formulas meeting the minimum stock and variety requirements on the shelves or in coolers in the customer area of the store.

E. PRICES: Vendors shall:

(1) Charge participants prices that are equal to or lower than prices charged to other customers;

(2) Charge participants no sales tax;

(3) Promptly provide price lists to the State WIC Office upon request;

(4) Maintain competitive prices consistent with prices charged by other vendors doing a comparable dollar volume of business;

(5) Display the prices of authorized foods and/or infant formulas on the foods or formulas, or on the shelves or coolers in proximity to the foods or infant formulas, or in the immediate area where the foods or infant formulas are kept in the customer area of the store;

(6) Enter the actual price of the food and/or infant formula purchased on the food instrument at the time of purchase, and provide the WIC participant with an itemized receipt; and

(7) Enter the actual redemption date on the food instrument at the time of purchase.

F. INFORMATION REQUIRED TO BE ON DISPLAY OR IN FILE: Vendors shall:

(1) Maintain on file at each vendor location at all times a copy of the Vendor Manual, the approved Food Vendor Agreement, the Non-Taxable Certificate, newsletters and other updates and instructions received from the State WIC Office;

(2) Display a sign, sticker or other conspicuous notice of authorization as a State WIC vendor visible to participants in the customer area of the store, and;

(3) Ensure that current State WIC Office authorized food lists are readily accessible to cashiers.

G. EQUAL ACCESS/NONDISCRIMINATION: Vendors shall make available to WIC participants the same services offered to all other customers; shall extend the same courtesies to WIC participants as to all other customers; and shall otherwise accord participants the same treatment as all other customers.

H. ACTS OF EMPLOYEES: Vendors have an affirmative duty to train employees in WIC procedures. Vendors are responsible for the acts or omissions of their employees in transacting WIC-related business.

I. DUTY TO REPORT: Vendors shall promptly notify the State WIC Office of suspected instances in which a participant has failed to comply with WIC program requirements, or engaged in fraud or abuse of the program.

N.M. Code R. § 7.31.2.18

8-30-89, 10-31-96; 7.31.2.18 NMAC - Rn, 7 NMAC 31.2.18, A, 5-31-2000