Okla. Admin. Code § 310:410-3-35

Current through Vol. 41, No. 19, June 17, 2024

Section 310:410-3-35 - WIC retail vendor responsibilities

(a) The vendor shall monitor the WIC approved foods approved by the USDA and shall furnish only the prescribed quantities, types and brands of food specified on the food instrument. Pharmacies or drug stores shall be exempt from the minimum stock requirement. However, these establishments must have the ability to supply special formula in the necessary quantities upon request within twenty-four (24) hours.

(b) The vendor shall accept food instruments only within the time limits indicated on the food instruments and shall not receive payment for food instruments submitted before the "First Day to Use" or after the "Last Day to Use."

(c) The vendor shall be responsible for payment and replacement of a lost, stolen or destroyed vendor number stamp.

(d) The vendor shall display the price of WIC approved foods charged to the general public in clear view of customers, identifying the price of the specific WIC food item.

(e) The vendor shall provide WIC approved foods to participants or proxies at the same price or less than the price charged to non-WIC customers.

(f) The vendor shall accept food instruments only from WIC participants, proxies or representatives of the department who present a WIC participant folder with the appropriate authorized signatures.

(g) The vendor shall not issue a WIC participant or proxy any document (e.g., rain check) purporting to give the WIC participant or proxy the right to buy a WIC food item or non-WIC food item after the food instrument is signed by the participant or proxy. The vendor shall not exchange any WIC food item unless authorized by a department representative.

(h) The vendor shall charge the department sale prices. The value of coupons and discounts shall be deducted from the price charged to the department. The participant shall not be given cash for the difference.

(i) The vendor shall participate in an annual WIC training program.

(j) The vendor shall be responsible for all food instruments accepted and processed for payment by current and former employees at the vendor site. The vendor shall also be responsible for the accuracy of any information submitted to the department by such employees. The vendor shall be responsible for reviewing food instruments which have been accepted to make certain that the total cost does not exceed the posted shelf prices or the prices charged to non-WIC customer.

(k) The vendor shall abide by the USDA WIC Regulations and this part.

(l) The vendor and his business entity shall be subject to audit by the department or USDA for the time period covering any present or previous authorization. The vendor shall maintain all records of purchases, gross sales receipts, and invoices of all WIC and non-WIC approved foods for a period not less than three (3) years. The original of such records shall be made available to the department or USDA upon reasonable request. The vendor shall also provide the department and USDA the opportunity to inspect all food instruments located at the vendor site or under the control of the vendor.

(m) The vendor shall respond truthfully and accurately to department initiated requests for retail vendor price surveys, verification of ownership of the business entity or vendor site, proof of WIC and non-WIC purchases and sales, and proof of the volume of alcoholic beverage sales. Such responses shall be in writing and be provided within fifteen (15) calendar days of receipt of the department's request.

(n) The vendor shall maintain all refrigerated areas at a temperature of forty degrees Fahrenheit (40^oF) or below, and no WIC approved foods shall exceed the expiration date printed on the food item.

(o) The vendor shall not exchange food instruments for any form of currency, or other items of value, nor provide the participant with any amount of currency or coin as change from a partial WIC food transaction.

(p) The vendor shall not seek restitution from WIC participants for food instruments not paid by the department or fines levied by the department, a financial institution or the department's fiscal processor. The vendor shall not seek or receive restitution from the department for monetary penalties for rejected food instruments.

(q) The vendor shall not charge sales taxes for WIC approved foods, as the department is exempt from such tax.

(r) The vendor shall reimburse the department for any food instruments redeemed in violation of the USDA WIC Regulations, this part, or the WIC vendor agreement.

(s) Neither authorization as a WIC vendor nor the WIC vendor agreement constitutes employment between the vendor and the department as a state employee or provides eligibility for any employee benefits provided by the state of Oklahoma.

(t) The vendor shall offer the same courtesies to WIC participants as offered to other customers.

(u) When material information included in the vendor's application changes, the vendor, by certified mail, shall notify the department in writing within thirty (30) calendar days.

(v) The vendor shall not deny a participant any WIC approved foods indicated on the food instrument which the vendor has in stock.

Okla. Admin. Code § 310:410-3-35

Added at 10 Ok Reg 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at 16 Ok Reg 2505, eff 6-25-99; Amended at 22 Ok Reg 741, eff 5-12-05