S.C. Code Regs. § § 61-94.201

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-94.201 - Approval of Vendors

(A) Only vendors authorized by the Department may redeem electronic WIC benefits or otherwise provide supplemental foods to participants.

(B) To be authorized for participation as a WIC Vendor, a vendor must:

1. Request, in writing, by phone, or by email a WIC Vendor application packet.

2. Submit a completed application packet to the State WIC Program Office, including the WIC Vendor Application, WIC Price Survey, Vendor Agreement, and an IRS W-9, Request for Taxpayer Identification and Certification form.

3. Be authorized to participate in the Supplemental Nutrition Assistance Program (SNAP). (Pharmacies are exempt from this requirement.)

4. Not be employed by the WIC program nor have a spouse, child, parent, or sibling who is employed by the WIC program serving the county in which the vendor applicant conducts business. The vendor applicant also shall not have an employee who handles, or transacts eWIC who is employed by, or has a spouse, child, or parent who is employed by the WIC Program serving the county in which the vendor applicant conducts business.

5. Pass a pre-approval visit completed by the State WIC Program Office.

6. Inform and train cashiers and other staff on program requirements.

7. Ensure employees receive instruction regarding the WIC Program policies, procedures, and requirements.

8. Maintain the minimum stock of WIC foods as required by the Vendor Agreement. (Pharmacies are exempt from this requirement.)

9. Comply with at least one established definition for store type within the four (4) Regions. Store Type 1 - Total Food Sales > $10,000,000; Store Type 2 - Total Food Sales of $10,000,000-$5,000,000; Store Type 3 - Total Food Sales < $5,000,000; Store Type 4 - Government-owned facilities (Commissaries), and Store Type 5 - Pharmacy.

10. Operate the store at a single, fixed location (no mobile/home delivery stores).

11. Purchase infant formula only from a state-approved wholesaler, distributor, or supplier.

12. Be located in South Carolina.

13. Must be open for business at least six (6) days a week for a minimum of eight (8) consecutive hours a day between the hours of 8 a.m. - 10 p.m.

14. Have no convictions or civil judgments within the last six (6) years that indicate a lack of business integrity on the part of the current owners, officers, or managers. Such activities include, but are not limited to: fraud, antitrust, violations, embezzlement, theft, forgery, bribery, falsification of records, making false statements, receiving stolen property, making false claims, or obstruction of justice.

15. Provide to WIC participants only those foods authorized by the State WIC Program and in the exact quantities prescribed.

The following is a list of acceptable foods:

i) Infant formula must be iron-fortified, supply approximately twenty kilocalories (20 kcal) per fluid ounce, and not require the addition of any ingredient other than water.

ii) Infant cereal which contains a minimum of forty-five milligrams (45 mg) of iron per one hundred grams (100 g) of dry cereal and contains no other ingredients, such as fruit, formula, or DHA. No organic infant cereal.

iii) Infant juice which contains a minimum of thirty milligrams (30 mg) of Vitamin C per one hundred milliliters (100 ml) of single strength or reconstituted frozen juice concentrate. Juice must be pasteurized, one hundred percent (100%) unsweetened fruit or vegetable juice. No calcium-fortified or organic juice.

iv) Pasteurized fluid whole, fat free, low-fat, or reduced fat milk which is flavored (low-fat only) or unflavored and contains four hundred international units (400 IU) of Vitamin D and two thousand international units (2000 IU) of Vitamin A per fluid quart.

v) Nonfat dry milk solids may be substituted on a reconstituted quart basis and must contain four hundred international units (400 IU) of Vitamin D and two thousand international units (2000 IU) of Vitamin A per reconstituted quart.

vi) Quarts and half (1/2) gallons of lactose-free milk (whole, reduced fat, low-fat, and fat free).

vii) Domestic cheese made from one hundred percent (100%) pasteurized milk (American, Monterey Jack, Cheddar, Mozzarella, Colby, Muenster, Swiss, and a blend of any of these flavors). Block style, sliced, crumbled, string, pearled, low-fat, reduced fat, low cholesterol, and/or low sodium are allowed.

viii) Calcium-set prepared Tofu with calcium salts of fourteen to sixteen ounces (14-16 oz), and organic tofu.

ix) Cereal (hot or cold) which contains a minimum of twenty-eight milligrams (28 mg) of iron per one hundred grams (100 g) of dry cereal and not more than 21.2 grams of sucrose and other sugars per one hundred grams (100 g) of cereal (no more than six grams (6 g) of sugar per ounce). Half of the cereals authorized must have whole grain as the primary ingredient by weight and meet labeling requirements.

x) Eggs, Grade A large, white only.

xi) Peanut butter, with no added flavorings.

xii) Mature legumes or beans.

xiii) Canned tuna or pink salmon packed in water or oil.

xiv) Infant fruits and vegetables include any variety of single ingredient, commercial infant food fruits or vegetables without added sugars, starches, or salt. No organic infant foods or foods with added DHA.

xv) Infant meats include any variety of commercial infant food having meat or poultry as a single major ingredient, with added broth or gravy, and no added sugars, salt, or DHA.

xvi) Whole grains include whole wheat bread, whole grain bread, brown rice, whole wheat, or soft corn tortillas. Whole grain must be the primary ingredient by weight in all whole grain products and meet labeling requirements for making a health claim as a "whole grain food with moderate fat content.".

(C) To retain authorization for participation a vendor must:

1. Renew the Vendor Agreement with the State WIC Program by the established renewal date.

2. Abide by the terms of the Agreement in effect.

3. Have prices which are competitive, based on the WIC Program definition, with similar type stores' prices.

S.C. Code Regs. § 61-94.201

Replaced and amended by State Register Volume 41, Issue No. 05, eff. 5/26/2017; State Register Volume 47, Issue No. 05, eff. 5/26/2023.