N.M. Code R. § 7.31.2.7

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

Section 7.31.2.7 - DEFINITIONS

A. "Applicant" means a grocery store or pharmacy which applies to the State WIC Office to be an authorized vendor.

B. "Authorized Food List" means the list of authorized foods approved by the State WIC Office.

C. "Authorized Foods" or "WIC Authorized Foods" means only those types, brands or varieties of foods and infant formulas which meet requirements specified under 7 CFR 246 and the WIC policy manual, are approved by the State WIC Office, and are listed on the authorized food list in the Vendor Manual, and on the Vendor Grocery Food Price Record Form and Special Infant Formula Price Form.

D. "Change of Ownership" means any transfer of the right to control the assets or management of a vendor, or any majority changes in ownership of a sole proprietorship, of a partnership or of the stock of a corporation which owns a vendor location.

E. "Check" means a WIC Food Instrument.

F. "Clinic Service Area" means the geographic area or population group served by a local clinic.

G. "Customer Area" means the portion of a grocery store or pharmacy which is normally frequented by customers, exclusive of storage or other areas.

H. "Department" means the State of New Mexico Department of Health.

I. "Disqualification" means cancellation of a vendor's authority to participate in the WIC program.

J. "Food Vendor Agreement" means a completed agreement and application that has been approved and signed by the State WIC Office and by the vendor. This agreement incorporates by reference the provisions and program requirements set forth in the Vendor Manual, the authorized food price record, periodic newsletters, and other formal instructions which may from time to time be issued by the State WIC Office to vendors.

K. "Food Vendor Agreement Period" means a period of two years beginning October 1 and ending on September 30 of the second year.

L. "Food Instrument" or "WIC Food Instrument" means a voucher, check, electronic benefits transfer card (EBT), or other document which is used by participants in the WIC program to obtain WIC authorized foods and or infant formulas.

M. "Food Stamps" means an assistance program under the Food Stamp Act of 1964, as amended, 7 U.S.C. Section 2011(1964), that may use paper stamps or electronic means to provide benefits.

N. "Full Service Grocery or Pharmacy" means a grocery vendor location that provides a variety of food items that allow WIC's nutrition education component to be utilized at will by WIC participants, or a duly licensed New Mexico pharmacy vendor location that provides pharmaceuticals and nutritional supplements. The nutrition education component includes, but is not limited to, improving family nutrition, and teaching economical shopping techniques. A variety of food items shall include dairy products (eggs, milk, cheese, etc.), meats (beef, chicken, pork), fresh fruits and vegetables (to include, but not limited to - oranges, apples, bananas, potatoes, tomatoes, carrots, lettuce), other foods (to include basic baking products, pastas, crackers, bread, tortillas, margarine, canned fruits/vegetables/meats), household items (cleaning supplies, paper goods, etc), and foods required per minimum inventory of WIC foods.

O. "Grocery Store" means a retail store in a fixed and permanent location that is open and operating and whose primary business is the sale of food.

P. "Incidence" means 1 instance of conduct.

Q. "Investigation" means 3 positive compliance buys out of 5, or other investigative means to detect fraud or abuse. A "compliance buy" is a purchase from a vendor by an agent of the State agency to test a vendors compliance with state and federal regulations governing the WIC program.

R. "Minimum Stock Requirement" means the minimum quantities and varieties of authorized foods and/or infant formulas a grocery store or pharmacy is required to keep in the customer area as specified on the vendor authorized food price record, or special infant formula price record and in the Vendor Manual.

S. "Participant(s)" means only the following classes of persons certified eligible to receive supplemental food, nutrition education, and counseling services under the WIC program:

(1) A pregnant woman;

(2) A woman up to 12 months after giving birth who is breastfeeding her infant;

(3) A woman up to 6 months after a pregnancy has ended who is not breastfeeding her infant;

(4) An infant from birth to one year of age; or

(5) A child from one to five years of age.

T. "Participant access" means provision of 1 vendor per every 225 participants. The state agency may vary this ratio if the state agency determines that participant access would be improved. Other criteria may include but not be limited to: new clinic site opening, participant caseload increases, new participant population center recognized, problems with WIC Program compliance, etc.

U. "Pattern" means 3 or more instances of conduct.

V. "Participant access determination criteria" means the State agency shall consider, at a minimum, the availability of other authorized vendors in the same area as the violative vendor and any existing practical barriers, such as distance, availability of transportation, to using other authorized vendors. The State agency may consider other criteria as it deems appropriate.

W. "Pharmacy" means an establishment issued a license to operate as a pharmacy under New Mexico laws.

X. "Sanction" means a penalty for violation of, or non-compliance with, federal and/or state WIC Program policies and regulations which may include disqualification, suspension, or civil monetary penalties assessed in lieu of disqualification.

Y. "Standardized Combination of Foods" means a group of specific types of authorized foods and/or infant formulas identified on commonly-used food instruments which are selected by the State WIC Office for the purpose of calculating average prices charged by vendors and vendor applicants.

Z. "State Plan" means a plan of program operation and administration that describes the manner in which the State Agency intends to implement and operate all aspects of program administration within its jurisdiction in accordance with 7 CFR 246.4.

AA. "State WIC Office" means the Division of the Department which administers the WIC program.

BB. "Suspension" means temporary disqualification from the WIC program.

CC. "Unlawful Dealing in WIC Checks" means buying, selling, trading, bartering or possessing WIC checks with the intent to obtain an economic benefit not allowed under these regulations. Unlawful dealing in WIC checks is a criminal offense punishable under state and federal law.

DD. "USDA" means the United States Department of Agriculture.

EE. "Vendor" means a full service retail grocery store or pharmacy in a fixed and permanent location authorized by the WIC office by signed agreement to sell authorized foods and/or infant formulas to WIC participants.

FF. "Vendor Manual" is a publication developed by the State WIC Office for the guidance of vendors as a supplement to these regulations. This manual describes the WIC program, program policies and requirements, and explains vendor obligations and sanctions. Copies of the Vendor Manual may be obtained from the State WIC Office, Department of Health, Public Health Division, Family Health Bureau - WIC, 525 Camino de los Marquez, Suite 6, Santa Fe, NM 87501.

GG. "Vendor Number" is the unique WIC identification number used to validate food instruments which is issued to a vendor when authorized to redeem New Mexico WIC Food Instruments.

HH. "Vendor Stamp" means the rubber stamp with the vendor's name, store number, if any, and authorized vendor number on it, which is provided to vendors by the State WIC Office, and is required to be used for validating food instruments.

II. "WIC" means the Special Supplemental Nutrition Program for Women, Infants and Children authorized by Section 17 of the Child Nutrition Act of 1966, as amended, 42 USC Section 1786(1966).

JJ. "WIC Policy Manual" is a publication developed by the State WIC Office for internal use, and approved by the Department of Health and USDA. This manual details the policies and procedures necessary to operate the State WIC program.

N.M. Code R. § 7.31.2.7

8-30-89, 10-31-96, 10-31-96; 7.31.2.7 NMAC - Rn, 7 NMAC 31.2.7, A, 5-31-2000