Or. Admin. Code § 333-054-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-054-0020 - How a Vendor Becomes WIC Authorized

(1) Only vendors authorized by the Authority may accept Oregon food instruments in exchange for authorized foods.

(2) Application:

(a) An applicant shall submit a completed application to the Authority, which includes:

(A) An application form;

(B) A Vendor Price List;

(C) A current SNAP authorization number; and

(D) Any other documents or information required by the Authority.

(b) The Authority may limit the periods during which applications for vendor authorization will be accepted and processed. The Authority will process applications, outside of the limited application period, if it determines the applicant's store is necessary to ensure adequate participant access in a specific geographic location.

(c) The Authority may impose a moratorium on the authorization of new vendors. Notice will be provided to current vendors prior to such a moratorium. During the period of moratorium the Authority may choose to not accept applications, not process applications, and not to authorize new stores. A moratorium will not apply to a store that is necessary for participant access.

(3) Selection Criteria: In order for the Authority to consider authorizing an applicant, the applicant shall:

(a) Demonstrate and maintain competitive pricing as determined by the Authority based on the applicant's current existing shelf prices on the date of application, as charged to regular shoppers and as compared to data from the peer group appropriate to the applicant's characteristics. Such data may include redemption prices and shelf prices. If an applicant's store is necessary to ensure adequate participant access, it may be exempt from this requirement;

(b) Possess a current bank account number;

(c) Have Electronic Benefit Transfer (EBT) capability;

(d) Possess a current electronic mail address;

(e) Not have, within the previous six years, a criminal conviction or civil judgment involving fraud or any other offense related to the applicant's business integrity or honesty;

(f) Possess a current SNAP authorization number. Pharmacies, military commissaries, and stores that are determined by the Authority as necessary to provide adequate participant access shall be exempt from this selection requirement due to the nature of the services they provide for the WIC Program;

(g) Not have a history of serious violations with either the WIC Program or SNAP;

(h) Not be currently disqualified from participation in another state's WIC Program. The Authority shall not authorize an applicant that has been assessed a CMP in lieu of disqualification by another state WIC Program until the period of the disqualification that would otherwise have been imposed has expired;

(i) Not be currently disqualified from participation in the SNAP. The Authority shall not authorize an applicant that has been assessed a SNAP civil money penalty in lieu of disqualification until the period of the disqualification that would otherwise have been imposed has expired unless this store has been determined necessary for participant access;

(j) Have a fixed location for each store that includes refrigeration and freezer equipment in the retail area;

(k) Carry foods intended for home preparation and consumption, in addition to WIC-required minimum stock items, that include:

(A) Fresh or frozen uncooked meat, fish, or poultry (or meat substitute);

(B) Bread and cereal products;

(C) Dairy products; and

(D) Fresh fruits and vegetables.

(l) Meet minimum stock requirements at the time of application to become an authorized vendor:

(A) A store that is applying for authorization must meet minimum stock requirements at the time of application, either on the shelf or with proof of order at the time of the on-site review;

(B) Expired foods will not be counted towards meeting minimum stock requirements.

(C) Stand-alone pharmacies and in-store pharmacies are exempt from minimum stock requirements; and

(D) Grocery stores with in-store pharmacies are required to meet all minimum stock requirements.

(m) Not have expired foods in three or more food categories that are on the minimum stock requirements.

(n) Obtain infant formula, including formula that requires a prescription, within 72 hours of an Authority, local agency or WIC shopper request if the vendor is a stand-alone pharmacy or has an in-store pharmacy.

(o) Purchase infant formula, which is to be sold to WIC shoppers, only from the Oregon WIC Program's list of approved manufacturers, wholesalers, distributors, and WIC-authorized retailers.

(A) Vendors must maintain and provide, when requested, documentation showing source(s) of infant formula purchases; and

(B) Vendors must not sell infant formula that is defective, spoiled, or has exceeded its "sell by," "best if used by," or other date on the package limiting the sale or use of the infant formula.

(p) Maintain and provide documentation of SNAP-eligible food sales throughout the contract period. According to USDA, CFR 245.2, "Food sales" means sales of all foods that are eligible items under the SNAP. These foods are intended for home preparation and consumption and include:

(A) Meat, fish, and poultry;

(B) Bread and cereal products;

(C) Dairy products; and

(D) Fruits and vegetables;

(E) Food items such as condiments and spices, coffee, tea, cocoa, and carbonated and noncarbonated beverages may be included in food sales when offered for sale along with foods in the four primary categories. Food sales do not include sales of any items that are not approved for purchase with SNAP benefits, such as alcoholic beverages, hot foods, or foods that will be eaten on the store premises; and

(q) Be open for business at least eight hours per day for five days per week.

(4) Authorization Requirements:

(a) The Authority or its designated representative shall conduct a documented on-site visit prior to, or at the time of, authorization of an applicant, including evaluating the inventory and condition of authorized foods and providing the applicant with the WIC Program information prior to or at the time of authorization;

(b) The Authority may grant a written exception to minimum stock requirements for cases where there is no participant need in the vendor's area for a specific authorized food item. The Authority shall determine participant need based on:

(A) Local agency's input regarding a vendor request for exception;

(B) Vendor redemption data relative to the vendor's request; and

(C) Number of participants prescribed the specific food item in the vendor's store's zip code.

(c) If a vendor with a stock exception is notified of a specific need for that authorized food item, the vendor will ensure that the authorized food item is available within seven days of the request.

(d) Once authorized, the vendor shall remain in compliance with the current selection criteria set forth in OAR 333-054-0020(3) for the duration of the vendor agreement.

(5) Application Denials: The Authority shall give the applicant written notification of denial, in conformance with ORS chapter 183. As otherwise provided in these rules, the Authority may deny an applicant authorization for reasons including, but not limited to, the following:

(a) The applicant's failure to meet the selection criteria;

(b) The applicant's store or business has been sold by its previous owner in an attempt to circumvent a WIC program sanction. In making this determination, the Authority may consider such factors as whether the applicant's store or business was sold to a relative by blood or marriage of the previous owner(s) or sold to any person for less than its fair market value;

(c) The applicant's history of complaints, violations and sanctions;

(d) The applicant's refusal to accept training from the WIC program;

(e) The applicant's submission of prices to the Authority for WIC foods that are not the actual prices being charged to current customers;

(f) The applicant's submission of prices to the Authority for WIC foods that the vendor does not stock in the store;

(g) The applicant's failure to complete an application within an Authority-specified period of time, after notification of the application's deficiencies; or

(h) The applicant's misrepresentation of information on the application.

(6) Subsequent to authorization, an agreement may be terminated if it is found that the vendor provided false or omitted pertinent information during the authorization process.

(7) If the Authority denies an application it may require the applicant to wait some period of time before reapplying.

Or. Admin. Code § 333-054-0020

HD 7-1993, f. & cert. ef. 6-11-93; OHD 17-2001, f. 8-02-01, cert. ef. 8-15-01; OHD 22-2002, f. & cert. ef. 12-24-02; PH 19-2003(Temp), f. & cert. ef. 11-14-03 thru 5-12-04; PH 22-2003, f. 12-31-03, cert. ef. 1-5-04; PH 7-2005(Temp), f. & cert. ef. 5-2-05 thru 10-28-05; PH 16-2005, f. & cert. ef. 10-28-05; PH 16-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-27-06; PH 30-2006, f. & cert. ef. 12-27-06; PH 5-2009, f. & cert. ef. 6-1-09; PH 9-2011, f. & cert. ef. 9-30-11; PH 11-2013, f. 11-6-13, cert. ef. 12-1-13; PH 25-2015, f. 12-8-15, cert. ef. 1/1/2016; PH 251-2018, amend filed 09/04/2018, effective 10/1/2018

Statutory/Other Authority: ORS 413.500

Statutes/Other Implemented: ORS 413.500