justicedao/ipfs_state_laws huggingface dataset:
333-054-0025 Above 50% Vendors (A50) (1) An applicant that is likely to derive more than 50 percent of the store’s annual food sales from WIC transactions will not be authorized except for cases of participant access hardship as determined solely by the Authority. (2) If a currently authorized vendor is found to derive more than 50 percent of the store’s annual food sales from WIC transactions the Authority will terminate the vendor agreement unless the vendor is necessary for participant access. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13 PH 9-2011, f. & cert. ef. 9-30-11 PH 5-2009, f. & cert. ef. 6-1-09 PH 30-2006, f. & cert. ef. 12-27-06
333-054-0027 How a Farmer Becomes WIC Authorized (1) Only authorized farmers may accept CVBs from authorized shoppers in exchange for eligible foods. Authorized farmers may not accept CVBs from unauthorized farmers. (2) In order to be eligible for participation in the WIC program, a farmer applicant must: (a) Grow, cultivate, or harvest fresh fruits or vegetables in Oregon or a bordering county in a contiguous state to sell at a farmers’ market or farm stand. Farmers are exempt from the minimum WIC authorized food stocking requirements as indicated for vendor authorization under OAR 333-054-0020(3); (b) Complete the farmer application and return it to the appropriate state office to verify eligibility; and (c) Agree to follow the terms and conditions of the farmer agreement. (3) The Authority shall conduct an interactive training for all farmers who have never previously participated in the program prior to their commencing participation. (4) The Authority and the WIC program are not required to authorize all applicants. (5) Any individual who purchases all the produce they plan to sell is considered a distributor and is not allowed to participate in the WIC program as a farmer. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13 PH 9-2011, f. & cert. ef. 9-30-11 PH 5-2009, f. & cert. ef. 6-1-09
333-054-0030 Vendor Agreements (1) Each applicant who has been approved for authorization shall sign a vendor agreement. (a) The vendor agreement shall include the contractual obligations that must be met by an authorized vendor. (b) Failure to adhere to the vendor agreement is a violation and may result in a sanction. (c) The vendor agreement shall be signed by a representative of the Authority and a representative of the vendor who has the legal authority to sign the vendor agreement and obligate the applicant to the terms of the vendor agreement. (d) The term of a vendor agreement shall not exceed three years. (2) The Authority shall provide a vendor with not less than 15 days advance written notice of the expiration of its vendor agreement. (3) The Authority shall immediately terminate the vendor agreement if it determines that the vendor has provided false information in connection with its application for authorization. (4) When a vendor has more than one store location, the vendor agreement shall include a list of each store’s name and location. Individual store locations may be added or deleted, by amendment to the vendor agreement or disqualification of an individual store location, without affecting the remaining store locations. Each store location included in the vendor agreement shall meet all applicable laws and rules. (5) The vendor agreement does not constitute a license or property interest. (6) The vendor agrees to comply with terms in a final order issued by the Authority or an investigation by federal or state officials. (7) A vendor shall provide the Authority or a federal official access to food instruments negotiated on requested dates. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13 PH 5-2009, f. & cert. ef. 6-1-09 PH 30-2006, f. & cert. ef. 12-27-06 PH 16-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 12-27-06 PH 16-2005, f. & cert. ef. 10-28-05 PH 7-2005(Temp), f. & cert. ef. 5-2-05 thru 10-28-05 PH 22-2003, f. 12-31-03, cert. ef. 1-5-04 PH 19-2003(Temp), f. & cert. ef. 11-14-03 thru 5-12-04 OHD 22-2002, f. & cert. ef. 12-24-02 OHD 17-2001, f. 8-2-01, cert. ef. 8-15-01 HD 7-1993, f. & cert. ef. 6-11-93
333-054-0033 Provision of Incentive Items (1) Vendors shall not provide or advertise the provision of incentive items to WIC shoppers that are not offered to other shoppers. (2) The Authority may approve any of the following incentive items to be provided by authorized vendors to WIC shoppers, at the discretion of the Authority: (a) Food, merchandise, or services obtained at no cost to the vendor, subject to documentation; (b) Food, merchandise, or services with a nominal value of $2 or less per item, which is subject to documentation; (c) Food sales and specials which involve no cost or less than $2 in cost to the vendor for the food items involved, subject to documentation, and do not result in a charge to a WIC food instrument for foods in excess of the foods listed on the food instrument; and (d) Minimal customary courtesies of the retail food trade, such as helping the shopper to obtain an item from a shelf or from behind a counter, bagging food for the shopper, and assisting the shopper with loading the food into a vehicle. (3) The following incentive items are prohibited for authorized vendors to provide to WIC shoppers: (a) Services which result in a conflict of interest or the appearance of such conflict for the authorized vendor, such as assistance with applying for WIC benefits; (b) Lottery tickets provided to WIC shoppers at no charge or below face value; (c) Cash gifts in any form, in any amount and for any reason; (d) Anything made available in a public area as a complimentary gift which may be consumed or taken without charge; (e) An allowable incentive item provided more than once per WIC shopper per visit, regardless of the number of shoppers or food instruments involved, unless the incentive items had been obtained by the vendor at no cost or the total value of the multiple incentive items provided during the shopping visit would not exceed the less than $2 nominal value limit; (f) Food, merchandise, or services of greater than the nominal value provided to the WIC shopper; (g) Food or merchandise sold to WIC shoppers, but not other shoppers, below fair market value; (h) Any kind of incentive item which incurs a liability for the WIC Program; and (i) Any kind of incentive item which violates federal, state, or local law or regulations. (4) For-profit goods or services offered by the authorized vendor to WIC shoppers at fair market value based on comparable for-profit goods or services of other businesses are not incentive items subject to approval or prohibition, except that such goods or services must not constitute a conflict of interest or result in a liability for the WIC Program. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13
333-054-0035 Farmer Agreements (1) A farmer application/agreement must be signed by a representative who has legal authority to obligate the farmer. (2) The farmer application/agreement must include a requirement that the farmer comply with OAR 333-054-0000 through 333-054-0070, as applicable to farmers. (3) The farmer application/agreement will be valid for no more than three years. (4) Neither the Authority nor the farmer is obligated to renew the agreement. (5) To be authorized by the Authority, the farmer must have Electronic Benefit Transfer (EBT) capability; (6) An authorized farmer must comply with requirements contained in 7 CFR 246, OAR 333-054-0000 through 333-054-0070, and the terms and conditions of the farmer application/agreement. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 251-2018, amend filed 09/04/2018, effective 10/01/2018 PH 9-2011, f. & cert. ef. 9-30-11 PH 5-2009, f. & cert. ef. 6-1-09
333-054-0040 Vendor and Farmer Monitoring (1) The Authority shall, at its sole discretion, monitor vendors and farmers for compliance with applicable laws and rules. (2) The Authority or its authorized representative must conduct compliance buys or inventory audits to collect evidence of improper vendor practices. (3) The Authority or its authorized representative shall conduct routine monitorings and survey current WIC authorized food shelf prices of selected vendors. (4) The Authority or its authorized representative shall conduct covert compliance buys and routine monitorings of authorized farmers for compliance with the Authority rules and regulations. (5) The Authority or its authorized representative may conduct educational buys at selected authorized vendors. (6) The Authority or its authorized representative may conduct an inventory count of authorized WIC foods at select vendors. The inventory count may include any WIC authorized foods physically located within the store at the time of the visit as well as the foods’ current shelf prices. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13 PH 9-2011, f. & cert. ef. 9-30-11 PH 5-2009, f. & cert. ef. 6-1-09 PH 30-2006, f. & cert. ef. 12-27-06 PH 16-2005, f. & cert. ef. 10-28-05 PH 22-2003, f. 12-31-03, cert. ef. 1-5-04 PH 19-2003(Temp), f. & cert. ef. 11-14-03 thru 5-12-04 OHD 22-2002, f. & cert. ef. 12-24-02 OHD 17-2001, f. 8-2-01, cert. ef. 8-15-01 HD 7-1993, f. & cert. ef. 6-11-93
333-054-0052 Suspension of Vendor Agreements (1) Notwithstanding any other rule in this division, WIC program benefits are suspended and all vendor agreements are suspended if there is a government or WIC program closure or if the government does not provide WIC funding. A suspension shall remain in effect until such time as funding is approved or as soon as the closure ends and only to the extent benefit issuance to participants is approved by the federal government. (2) Suspensions apply to all WIC-authorized vendors, including farmers transacting cash value benefits. Suspensions do not apply to WIC-authorized farmers transacting Farm Direct Nutrition Program checks. (3) Notice of suspensions shall be made by both electronic mail and United States Postal Service mail to all WIC-authorized vendors and farmers and shall include the suspension effective date. Notice of suspensions will be delivered with as much notice as possible. As soon as funding is restored or as soon as the closure has ended, the Authority shall notify vendors and farmers of the date that a suspension is lifted. (4) Vendors and farmers shall not accept WIC food instruments, shall not provide food benefits and shall not deposit WIC food instruments for payment during a suspension. (5) WIC-authorized vendors and farmers who disagree with a suspension are not entitled to a contested case hearing but may challenge a suspension through a rule challenge under ORS 183.335 or 183.400. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 5-2014, f. & cert. ef. 1-30-14
333-054-0065 Farmer Disqualifications (1) Farmers who do not comply with WIC program requirements are subject to sanctions, including civil penalties, in addition to, or in lieu of, disqualification. (2) Prior to disqualifying a farmer, the Authority may determine if disqualification of the farmer would result in inadequate participant access. If the Authority determines that disqualification of the farmer would result in inadequate participant access, the Authority may impose a CMP in lieu of disqualification in the amount of 5 percent of the farmer’s CVBs sales over the last twelve months or $250, whichever is greater. (3) The Authority must give written notice to a farmer of an action proposed to be taken against a farmer, not less than 15 days before the effective date of the action. The notice must state what action is being taken, the effective date of the action, and the procedure for requesting a hearing. (4) A farmer that has been disqualified from the WIC program may reapply at the end of the disqualification period. (5) The Authority may accept a farmer’s voluntary withdrawal from the program as an alternative to disqualification. If a farmer chooses to withdraw in lieu of disqualification, the farmer may not apply for participation until the following year. (6) The Authority will not reimburse farmers who have been disqualified or have withdrawn in lieu of disqualification. (7) Civil penalties must be paid to the Authority within the time period specified in the Notice. (8) A farmer who commits fraud or abuse of the WIC program is subject to prosecution under applicable federal, state or local laws. Statutory/Other Authority: ORS 413.500 Statutes/Other Implemented: ORS 413.500 History: PH 11-2013, f. 11-6-13, cert. ef. 12-1-13 PH 5-2009, f. & cert. ef. 6-1-09
333-055-0000 Purpose (1) The purpose of OAR 333-055-0000 through 333-055-0035 is to describe the circumstances under which these rules apply and to define the procedures for authorizing certain individuals, when a licensed health care professional is not immediately available, to administer: (a) Epinephrine to a person who has a severe allergic response to an allergen; (b) Glucagon to a person who is experiencing severe hypoglycemia when other treatment has failed or cannot be initiated; and (c) Medication that treats adrenal insufficiency to a student who is experiencing an adrenal crisis. (2) Severe allergic reactions requiring epinephrine will occur in a wide variety of circumstances. (3) Severe hypoglycemia requiring glucagon, in settings where children prone to severe hypoglycemia are known to lay providers and where arrangements for the availability of glucagon have been made, will occur primarily in, but not limited to, school settings, sports activities, and camps. (4) An adrenal crisis for students diagnosed with adrenal insufficiency will occur in a wide variety of circumstances. The administration of medication to treat a student experiencing an adrenal crisis may be provided by trained school personnel in accordance with OAR 581-021-0037 whose parent or guardian has provided the necessary medication and equipment for administration. Statutory/Other Authority: ORS 433.805 & 433.810 Statutes/Other Implemented: ORS 433.800 - 433.830 History: PH 3-2016, f. & cert. ef. 2-8-16 OSHA 4-2012, f. 9-19-12, cert. ef. 1-1-13 PH 14-2012, f. & cert. ef. 9-19-12 OHD 7-1998, f. & cert. ef. 7-28-98 Reverted to HD 10-1982, f. & ef. 5-25-82 HD 23-1990(Temp), f. & cert. ef. 8-15-90 HD 10-1982, f. & ef. 5-25-82
333-055-0006 Definitions (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs; vomiting; diarrhea; dehydration; low blood pressure or loss of consciousness. (2) "Adrenal insufficiency" means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones. (3) "Allergen" means a substance, usually a protein, that evokes a particular adverse response in a sensitive individual. (4) "Allergic response" means a medical condition caused by exposure to an allergen, with physical symptoms that range from localized itching to severe anaphylactic shock and that may be life threatening. (5) "Emergency Medical Services Provider (EMS Provider)" means a person who has received formal training in pre-hospital and emergency care and is state-licensed to attend to any ill, injured or disabled person. Police officers, fire fighters, funeral home employees and other personnel serving in a dual capacity, one of which meets the definition of "emergency medical services provider" are "emergency medical services providers" within the meaning of ORS Chapter 682. (6) "Hypoglycemia" means a condition in which a person experiences low blood sugar, producing symptoms such as drowsiness, loss of muscle control so that chewing or swallowing is impaired, irrational behavior in which food intake is resisted, convulsions, fainting or coma. (7) "Other treatment" means oral administration of food containing glucose or other forms of carbohydrate, such as jelly or candy. (8) "Other treatment has failed" means a hypoglycemic student’s symptoms have worsened after the administration of a food containing glucose or other form of carbohydrate or a hypoglycemic student has become incoherent, unconscious or unresponsive. (9) "Paramedic" means a person who is licensed by the Oregon Health Authority as a Paramedic. (10) "Supervising professional" means a physician licensed under ORS Chapter 677, or a nurse practitioner licensed under ORS Chapter 678 to practice in this state and who has prescription writing authority. Statutory/Other Authority: ORS 433.810 Statutes/Other Implemented: ORS 433.800 - 433.830 History: PH 3-2016, f. & cert. ef. 2-8-16 PH 14-2012, f. & cert. ef. 9-19-12
333-055-0015 Educational Training (1) Individuals to be trained to administer glucagon and school personnel to be trained to administer a medication that treats a student who has adrenal insufficiency and who is experiencing symptoms of adrenal crisis based on the student’s health plan must be trained by: (a) A physician licensed under ORS Chapter 677; (b) A nurse practitioner licensed under ORS Chapter 678; or (c) A registered nurse licensed under ORS Chapter 678. (2) Individuals to be trained to administer epinephrine must be trained by: (a) A physician licensed under ORS Chapter 677; (b) A nurse practitioner licensed under ORS Chapter 678; (c) A registered nurse licensed under ORS Chapter 678 as assigned by a supervising professional to teach the OHA-Public Health Division Treatment of Severe Allergic Reaction training and distributes a Certificate of Completion and Authorization to Obtain Epinephrine in accordance with OAR 333-055-0030(1); or (d) A paramedic as delegated by an EMS Medical Director defined in OAR chapter 333, division 265. (3) The training described in sections (1) and (2) of this rule must follow the Oregon Health Authority, Public Health Division training protocol, or an Authority approved equivalent. The Public Health Division approved training protocol for emergency glucagon providers is available on the Internet at http://healthoregon.org/diabetes. The training protocols for the treatment of severe allergic reaction or treatment of adrenal crisis are available on the Internet at http://healthoregon.org/ems. Statutory/Other Authority: ORS 433.810 Statutes/Other Implemented: ORS 433.815 & 433.817 History: PH 3-2016, f. & cert. ef. 2-8-16 PH 14-2012, f. & cert. ef. 9-19-12 PH 10-2004, f. & cert. ef. 3-23-04 OHD 7-1998, f. & cert. ef. 7-28-98 Reverted to HD 10-1982, f. & ef. 5-25-82 HD 23-1990(Temp), f. & cert. ef. 8-15-90 HD 10-1982, f. & ef. 5-25-82
333-055-0021 Eligibility for Training In order to be eligible for training under OAR 333-055-0015, a person must: (1) Be 18 years of age or older; and (2) Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligible person’s occupational or volunteer status, such as, but not limited to, a camp counselor, scout leader, forest ranger, school employee, tour guide or chaperone. Statutory/Other Authority: ORS 433.810 Statutes/Other Implemented: ORS 433.820 History: PH 3-2016, f. & cert. ef. 2-8-16 PH 14-2012, f. & cert. ef. 9-19-12
333-055-0035 Circumstances in Which Trained Persons May Administer Epinephrine, Glucagon or a Medication to Treat Adrenal Crisis (1) A person who holds a current statement of completion pursuant to OAR 333-055-0030 may, in an emergency situation when a licensed health care professional is not immediately available, administer epinephrine to any person suffering a severe allergic response to an insect sting or other allergen. The decision to give epinephrine should be based upon recognition of the signs of a systemic allergic reaction and need not be postponed for purposes of identifying the specific antigen which caused the reaction. (2) A person who holds a current statement of completion pursuant to OAR 333-055-0030 may, in an emergency situation involving an individual who is experiencing hypoglycemia and when a licensed health care professional is not immediately available, administer health care professional-prescribed glucagon to a person for whom glucagon is prescribed, when other treatment has failed or cannot be initiated. The decision to give glucagon should be based upon recognition of the signs of severe hypoglycemia and the inability to correct it with oral intake of food or drink. (3) School personnel who hold a current statement of completion pursuant to OAR 333-055-0030 may, in an emergency situation involving a student diagnosed with adrenal insufficiency who is experiencing symptoms of adrenal crisis and when a licensed health care professional is not immediately available, administer health care professional-prescribed medication to treat adrenal insufficiency. The decision to give medication to a student with adrenal insufficiency should be based upon the student’s health plan in accordance with OAR 581-021-0037 and recognition of the signs of adrenal crisis and need not be postponed. Statutory/Other Authority: ORS 433.810 Statutes/Other Implemented: ORS 433.825 History: PH 3-2016, f. & cert. ef. 2-8-16 PH 14-2012, f. & cert. ef. 9-19-12 PH 10-2004, f. & cert. ef. 3-23-04 OHD 7-1998, f. & cert. ef. 7-28-98 HD 10-1982, f. & ef. 5-25-82
333-056-0010 Purpose of Infectious Waste Administrative Rules The purpose of OAR 333-056-0020 through 333-056-0050 is to define terms related to infectious waste and to prescribe acceptable methods of storage and treatment of infectious waste. Statutory/Other Authority: ORS 431.110, 433.004 & 459.395 Statutes/Other Implemented: ORS 459.395 History: OHD 15-2001, f. & cert. ef. 7-12-01, Renumbered from 333-018-0040 HD 15-1990, f. 6-5-90, cert. ef. 7-1-90