S.C. Code Regs. § § 61-94.701

Current through Register Vol. 48, 12, December 27, 2024

Section 61-94.701 - Program Violations

Each violation of Program regulations has a set point value and a specific time period during which the points will remain on a vendor's record. If a vendor accumulates fifteen (15) or more violation points, the store will be disqualified from the WIC Program. The period of disqualification is determined by the nature of the violation(s), the number of violations, and past disqualifications.

(A) The following violations carry a point value of ten (10) and remain on a vendor's record for eighteen (18) months:

1. Failure to stock eight (8) or more required quantities and/or varieties of foods as listed in the Agreement.

(B) The following violations carry a point value of eight (8) and remain on a vendor's record for eighteen (18) months:

1. Contacting WIC participants in an attempt to recoup funds for eWIC transactions not paid by the Department.

2. Not providing promotional specials or not accepting cents-off coupons or store discount cards to reduce WIC price.

3. Issuing "RAIN" checks.

4. Requiring WIC participants to use special check-out lanes, not showing WIC participants the same courtesy as other customers or engaging (committing) in any act of discrimination involving a WIC participant.

5. Requiring cash purchase to redeem WIC checks or use eWIC cards.

6. Failure to stock between four to eight (4-8) food items as listed in the Vendor Agreement.

7. Failure to scan and enter all sold UPC items directly from the product being sold into the redemption system, or the use of a "scan book" or similar device used in place of scanning the product.

8. Keeping record of a participant's name or PIN after the eWIC card is transacted by or on behalf of a participant.

9. Verbal or physical abuse of a WIC participant or Department employee while the employee is conducting official WIC business.

10. Failure to allow the return of any WIC purchases for identical items that are damaged, spoiled, or has exceeded its "sell by," "best if used by," "manufacturer suggested," or other date limiting the sale or use of the food.

(C) The following violations carry a point value of five (5) and remain on a vendor's record for one (1) year:

1. Allowing the purchase of ineligible foods or substitutions for foods on an eWIC card account.

2. Failure to stock one to three (1-3) required quantities and/or varieties of foods as listed in the Agreement.

3. Where no specific brand is prescribed, requiring a participant to purchase a specific brand of WIC approved foods when more than one (1) brand is available.

4. Allowing manual entry of the eWIC card number.

5. Failing to provide valid supplier invoices proving sufficient inventory was available on the vendor's sales shelf that support the amount claimed in EBT redemptions the vendor has submitted for payment to the Department.

6. Not marking WIC items with price labels or shelf tags.

7. Collecting sales tax on WIC Purchases.

8. Stocking WIC-approved food outside of the manufacturer's expiration date.

9. Providing (selling or giving) incentive items to WIC participants.

10. Not allowing split-tender transactions on Cash Value Benefits (CVB) or eWIC transactions.

11. Asking for additional identification or the WIC participant's PIN.

12. Charging the WIC customer any fee, either directly or indirectly, arising out of or associated with operating, manufacturing, or processing WIC participants.

13. Charging the Program for food not received by a participant.

S.C. Code Regs. § 61-94.701

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.