Ohio Admin. Code 3701-42-05

Current through all regulations passed and filed through June 10, 2024

Section 3701-42-05 - Authorized foods; required minimum foods

(A) The director shall develop a list of authorized foods; a list of minimum food stocking requirements; and a list of authorized infant formula suppliers. The director shall post these lists to the Ohio department of health's website with as much advance notice as possible prior to the effective date of any change.

(1) At least every two years, the director shall review and may amend the list of WIC authorized foods, including any applicable sizes, types, and brands.

(2) At least annually, the director shall review and may amend the list of authorized infant formula suppliers and the list of minimum food stocking requirements.

(B) Each grocery store and grocery store applicant for a vendor contract shall at each location openly and visibly display for sale, at all times, the following minimum authorized foods in quantities, sizes, types, and brands specified in the list of minimum food stocking requirements:

(1) Liquid cow's milk;

(2) Grade A or grade AA white chicken eggs;

(3) Two flavors of authorized juice;

(4) Authorized peanut butter;

(5) Three types of authorized cereal, one of which must be whole grain;

(6) Authorized whole grain bread, brown rice, oatmeal, corn tortillas or whole wheat tortillas;

(7) Authorized beans or peas;

(8) Two types of authorized fruits;

(9) Two types of authorized vegetables;

(10) Authorized infant cereal;

(11) Two types of authorized infant fruits;

(12) Two types of authorized infant vegetables; and

(13) Authorized infant formula.

(C) Each vendor and applicant shall:

(1) Clearly mark or post current prices, including sale prices, either on the authorized food item, on a shelf tag, or on a sign immediately next to or in front of the item.

(2) Ensure that authorized foods are not spoiled or defective or offered for sale after the manufacturer stated sell by, best if used by, or other date limiting the sale or use of the item , or that foods have not been recalled.

(3) Ensure that authorized foods are stored and displayed in a sanitary manner.

Ohio Admin. Code 3701-42-05

Five Year Review (FYR) Dates: 5/23/2022 and 04/17/2027
Promulgated Under: 119.03
Statutory Authority: 3701.132
Rule Amplifies: 3701.132
Prior Effective Dates: 01/10/1992 (Emer.), 04/12/1992, 04/01/1994, 01/26/1996, 06/07/1999, 06/01/2004, 03/20/2006, 10/01/2009, 04/01/2011, 09/16/2016

Effective: 9/16/2016
Five Year Review (FYR) Dates: 06/30/2016 and 09/15/2021
Promulgated Under: 119.03
Statutory Authority: 3701.132
Rule Amplifies: 3701.132
Prior Effective Dates: 1/10/1992 (Emer.), 4/12/92, 4/1/94, 1/26/96, 6/7/99, 6/1/04, 3/20/06, 10/1/09, 4/1/11