Section DHS 149.08 - Vendor responsibilities(1) COMPLIANCE WITH FEDERAL, STATE AND LOCAL REQUIREMENTS. An authorized vendor shall comply with all of the following: (a) The WIC program requirements specified in this chapter, s. 253.06, Stats., and 7 CFR 246.(b) Applicable federal, state and local health protection laws or ordinances.(c) The current WIC vendor agreement.(2) PROHIBITED PRACTICES. A vendor may not do any of the following: (a) Provide in exchange for a WIC check to a participant or a participant's proxy alcohol, an alcoholic beverage, a tobacco product or any other food other than the authorized food specified on the WIC check, or provide any coupon or certificate for these items contingent upon spending the WIC check or provided to a participant or a participant's proxy for a purchase made with a WIC check.(b) Provide cash in exchange for a WIC check to a participant or a participant's proxy.(c) Charge sales tax on WIC food purchases.(d) Provide in exchange for a WIC check to a participant or a participant's proxy authorized foods in quantities that are more than the quantities specified on the WIC check.(3) REQUIRED PRACTICES. An authorized vendor shall do all of the following: (a) Comply with WIC check processing and redemption procedures described in the agreement.(b) In conjunction with a change of ownership, timely submit in the vendor's bank account all WIC checks for redemption.(c) Charge the participant or the participant's proxy prices that are the same as or lower than prices charged to other customers.(d) Provide stock price surveys to the state WIC office upon request of the state WIC office or the state WIC office designee.(e) Mark or affix the prices of authorized food directly on food containers, on the shelves in close proximity to the food, or in the immediate area where the foods are kept in the customer area of the store.(f) Charge a price for an authorized food or standardized combination of foods that is the same as or lower than the maximum food price established by the state WIC Office.(g) Maintain prices of authorized foods at levels that are required for vendor authorization.(h) Keep a copy of the WIC agreement on file.(i) Display a sign, sticker or other evidence of authorization as a vendor in an area visible to participants.(j) Ensure that the current list of authorized foods is readily accessible to cashiers.(k) Provide all information requested during the application process and contract period by the state WIC office or the state WIC office designee within the timeframes specified in the request for information. (L) Maintain inventory and accounting records as specified by the agreement for the period of time specified in the agreement.(m) Make available upon the request of representatives of the state WIC office, the USDA, or the comptroller general of the United States all WIC checks in the vendor's possession and all required inventory and accounting records for inspection and audit.(4) USE OF VENDOR STAMP. (a) Only the authorized vendor may use the vendor stamp to validate a WIC check.(b) The authorized vendor shall keep the vendor stamp in a safe place and shall report loss of the vendor stamp to the state WIC office within 2 days of the loss.(c) A vendor stamp may not be duplicated. Note: Report the loss of a WIC vendor stamp to the State WIC Office, Vendor Management, at 608-266-6912.
(d) The authorized vendor shall return the vendor stamp to the state WIC office within 15 days following a change of ownership, upon closing the store, or upon disqualification of authorization under ss. DHS 149.10 and 149.11. Note: Return the vendor stamp to the State WIC Office, Vendor Management, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659.
(5) USE OF THE WIC ACRONYM AND LOGO.(a) A vendor may use the acronym "WIC" or the WIC logo to identify the vendor as an authorized vendor and to identify authorized foods in the store.(b) No vendor may include the acronym "WIC" in the name under which the vendor is registered in the WIC program or in the name under which the vendor does business.(c) No vendor may include the WIC logo, or close facsimiles of the WIC logo, in total or in part, in the name under which the vendor is registered in the WIC program or in the name under which the vendor does business.(6) REPORTING REQUIREMENTS. (a) At least 15 days before a change of location, name, address, management, corporate officers or majority stockholders the vendor shall report the change in writing to the state WIC office or its designee on a form provided by that office.(b) A new location within a 5-mile radius of the vendor's previous authorized location with the previous location being closed, will not require a new application for authorization. If the new location is more than a 5 mile radius of the vendor's previous location and the previous location is not being closed, a new application for authorization will be required. Note: Obtain the amendment form from the WIC Portal at https://www.wicvendorwi.org,or http://dhs.wisconsin.gov/wic/wicPro/Vendor_Auth/index.htm, or write to the State WIC Office, Vendor Management, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659, or call 608-266-6912, or submit a fax request at 608-266-1514.
(7) SERVICES TO PARTICIPANTS. The authorized vendor shall offer a participant or the participant's proxy the same courtesies offered to other customers, and treat a participant and the participant's proxy in accordance with non-discrimination requirements under 7 CFR 15, subpart A.(8) TRAINING. The vendor or least one designee from each authorized location shall satisfactorily complete any training sessions required by the state WIC office or the state WIC office designee. The authorized vendor shall ensure that all employees who process WIC checks are trained in check processing procedures.(9) VENDOR RESPONSIBILITY FOR OPERATIONS. An authorized vendor or vendor applicant is responsible for violations of this chapter committed by its owners, officers, managers, employees, agents, representatives or other individuals who directly or indirectly participate in the vendor's operations.(10) REPORTING OF PARTICIPANT NONCOMPLIANCE. A vendor shall report to the state WIC office or its designee on a form provided by the office any instance in which a participant fails to comply with WIC requirements.Wis. Admin. Code Department of Health Services DHS 149.08
CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (1) (a) made under s. 13.92(4) (b) 7, Stats., Register July 2011 No. 667.