reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40627 - Dual Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Dual participation means simultaneous participation by
						  Program participants in one or more than one WIC clinic, or participation in
						  the WIC Program and the Commodity Supplemental Food Program during the same
						  time period.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312.5,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40629 - Family

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Family means a group of related or nonrelated
						  individuals who are not residents of an institution but who are usually,
						  although not necessarily, living together as one economic unit. The embryo or
						  fetus in utero shall be counted as an additional member of the family unit, to
						  the extent that federal income guidelines are not exceeded.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312(f),
							 Health and Safety Code; and Section
							 29, Civil
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40631 - File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
File means delivery of a paper to, and the date stamped
						  by Administrative Hearings and Appeals or the Office of Legal Services of the
						  Department, or the Office of Administrative Hearings, as
						  appropriate.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 318
							 and
							 319,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40633 - Food Instrument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Food instrument means nutrition coupon, voucher, check,
						  electronic benefits transfer (EBT) card, or coupon which is issued by the
						  Program to a participant in order to obtain supplemental foods. The food
						  instrument is a negotiable instrument subject to all the laws and regulations
						  governing the handling of negotiable instruments.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Amendment of section and NOTE filed 9-3-2002; operative 10-3-2002 (Register
						  2002, No. 36).
Note: Authority cited: Sections
							 123280
							 and
							 123290,
							 Health and Safety Code. Reference: Sections
							 123280
							 and
							 123285,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40635 - Food Vendor or Vendor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Food vendor or vendor means a retail store location
						  with a specific ownership, the combination of which is authorized or is
						  applying for authorization to participate in the Program, and does not include
						  home food delivery operators.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Amendment of section heading, section and NOTE filed 4-17-2007; operative
						  5-17-2007 (Register 2007, No. 16).
Note: Authority cited: Sections
							 123280
							 and 123290. Health and Safety Code. Reference: Sections
							 123280 and
							 123310,
							 Health and Safety Code; and Title 7 Code of Federal Regulations Section
							 246.12.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40635.1 - Vendor Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Vendor ownership means the person(s) or business entity
						  that owns the vendor store.
1. New
						  section filed 4-17-2007; operative 5-17-2007 (Register 2007, No.
						  16).
Note: Authority cited: Sections
							 123280
							 and
							 123290,
							 Health and Safety Code. Reference: Sections
							 123280
							 and
							 123310,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40635.2 - Vendor Store

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Vendor store means a retail business at a specific
						  physical location.
1. New
						  section filed 4-17-2007; operative 5-17-2007 (Register 2007, No.
						  16).
Note: Authority cited: Sections
							 123280
							 and
							 123290,
							 Health and Safety Code. Reference: Sections
							 123280
							 and
							 123310,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40637 - Hearing Auditor or Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearing auditor or officer means an individual
						  designated to conduct an appeal hearing by the Director.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 319,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40638 - Home Food Delivery Operator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Home Food Delivery Operator means the owner and the
						  employees of any food delivery business in which food is delivered to a
						  participant's home.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 319,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40639 - Infants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Infants are defined as persons under one year of
						  age.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 311.5(c),
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40641 - Local Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local agency means a public or private, nonprofit
						  health or human service agency which provides health care either directly or
						  through contract.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40643 - Migrant Farmworker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Migrant farmworker means an individual whose principal
						  employment is in agriculture on a seasonal basis, who has been so employed
						  within the last 24 months, and who establishes a temporary abode for the
						  purpose of such employment. Members of such an individual's family are
						  included.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312(f),
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40645 - Nutrition Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nutrition education means individual or group education
						  sessions and the provision of information and educational materials designed to
						  improve health status, achieve positive change in dietary habits, and emphasize
						  relationships between nutrition and health, all in keeping with the
						  individual's personal, cultural, and socioeconomic
						  preferences.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312(c) and
							 (g), Health and Safety
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40647 - Nutritional Risk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nutritional risk means detrimental or abnormal
						  nutritional conditions that are detectable by biochemical or anthropometric
						  measurements; other documented nutrition-related medical conditions; dietary
						  deficiencies that impair or endanger health; or conditions which predispose
						  persons to inadequate nutritional patterns or related medical conditions. When
						  establishing these standards, the Department will take into consideration
						  applicable federal regulations as well as standards of obstetric and pediatric
						  medical practice in use by professionals providing health services to women
						  during the childbearing years, infants, and children.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312(f),
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40648 - On-Site Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On-site inspection means a visit to a vendor by Program
						  representatives to evaluate compliance with this Chapter.
1. New
						  section filed 4-17-2007; operative 5-17-2007 (Register 2007, No.
						  16).
Note: Authority cited: Sections
							 123280
							 and
							 123290,
							 Health and Safety Code. Reference: Sections
							 123310,
							 123315
							 and
							 123335,
							 Health and Safety Code; and Title 7 Code of Federal Regulations Section
							 246.12.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40649 - Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Participants means low income pregnant women,
						  breastfeeding women, postpartum women, infants and children, and where
						  applicable, the parents, guardians, caretakers, or representatives of these
						  women, infants, and children, who have applied for, or are receiving,
						  supplemental foods under the WIC Program.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311,
							 311.5(c)
							 and
							 312(c), (d), (e) and
							 (f), Health and Safety
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40651 - Postpartum Women

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Postpartum women means women up to six months after
						  termination of pregnancy.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 311.5(c),
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40653 - Pregnant Women

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pregnant women means women determined to have one or
						  more embryos or fetuses in utero.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 311.5(c),
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40654 - Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Probation means the act of suspending punitive or
						  disciplinary action.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 315.5,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40655 - Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Program means the California Special Supplemental Food
						  Program for Women, Infants, and Children (WIC), authorized by Section
						  17 of the Child Nutrition Act of
						  1966, as amended, which is administered and funded by USDA and operated
						  pursuant to a Federal/State Agreement. In the event that there is a conflict
						  between the state Program and federal policy, statutes or regulations, the
						  federal policy, statutes or regulations shall prevail.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40657 - Supplemental Foods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Supplemental foods means those foods containing
						  nutrients determined to be beneficial for pregnant, breastfeeding, and
						  postpartumwomen, infants, and children, as prescribed by the Secretary of the
						  United States Department of Agriculture. These foods are listed in the WIC
						  Acceptable Food List, which is updated periodically by the
						  Department.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40659 - U.S.D.a

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
U.S.D.A. means the United States Department of
						  Agriculture which funds and administers the Program. The Program is operated
						  under a Federal/State agreement, which is renewed annually.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 311,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40660 - Vendor Authorization Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Vendor authorization number means a unique number
						  assigned by the Program to a vendor at the time of initial authorization to
						  participate in the Program.
1. New
						  section filed 4-17-2007; operative 5-17-2007 (Register 2007, No.
						  16).
Note: Authority cited: Sections
							 123280
							 and
							 123290,
							 Health and Safety Code. Reference: Sections
							 123302,
							 123310
							 and
							 123315,
							 Health and Safety Code; and Title 7 Code of Federal Regulations Section
							 246.12.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 1 - Definitions › Section 40661 - Vendor Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A vendor claim means a Program demand to a vendor for
						  repayment of Program funds as specified in Section
						  40747.
1. New
						  section filed 4-17-2007; operative 5-17-2007 (Register 2007, No.
						  16).
Note: Authority cited: Sections
							 123280
							 and
							 123290,
							 Health and Safety Code. Reference: Sections
							 123290,
							 123315,
							 123320,
							 123325,
							 123330,
							 123340
							 and
							 123345,
							 Health and Safety Code; and Title 7 Code of Federal Regulations Section
							 246.12.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40669 - Staffing Requirements for Competent Professional Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The local
						agency shall have on staff a competent professional authority who shall be
						responsible for determining nutritional risk, prescribing supplemental foods
						and performing the certification procedures.
(b) The local agency shall have on staff one
						or more dietitians eligible for registration with the American Dietetic
						Association to provide instruction concerning nutritional high risk counseling
						and training to local agency employees to become competent professional
						authorities.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
						  30, 2020, which allowed the director of the State Department of Public Health
						  to make temporary changes to certain regulations relating to the Women,
						  Infants, and Children Program, due to the COVID-19
						  pandemic.
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 312(f),
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40671 - Requirements for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be certified as eligible for the WIC
						Program, infants, children, and pregnant, postpartum, and breastfeeding women
						shall be determined to be at nutritional risk by a competent professional
						authority through a medical and/or nutritional assessment.
(b) Nutritional risk conditions which shall
						be used as a basis for certification shall include, but are not limited to:
(1) A woman who exhibits any of the following
						risk conditions:
(A) Anthropometric
						measurements which indicate:
1. Overweight or
						underweight for height.
2. Short
						stature.
3. Inadequate weight gain
						during pregnancy.
4. Excessive
						weight gain during pregnancy.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40673 - Priority System for Program Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The competent professional authority
						shall fill vacancies which occur after a local agency has reached its maximum
						participation level by applying the following participant priority
						system.
(b) The enrollment
						priorities shall be as follows:
(1) Priority I
						includes the following in rank order beginning with the highest:
(A) Pregnant women who have one or more
						biochemical, physical, medical, or anthropometric risk factor(s) specified in
						Section 40671 of these
						regulations.
(B) Breastfeeding
						women who have one or more biochemical, physical, medical, or anthropometric
						risk factor(s) specified in Section
						40671 of these
						regulations.
(C) Infants who
						possess one or more biochemical, physical, medical, or anthropometric risk
						factor(s) specified in Section
						40671 of these
						regulations.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40675 - Processing Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Local agencies shall act on applications for Program benefits within the
						following timeframes:
(1) When the local
						agency is serving its maximum caseload, the local agency shall maintain a
						waiting list of individuals who visit the local agency to express interest in
						receiving Program benefits and who are likely to be served. The local agency
						shall notify the applicant of her placement on the waiting list within twenty
						(20) calendar days after the applicant's visit to the local agency during
						clinic office hours to request Program benefits.
(2) When the local agency is not serving its
						maximum caseload, the local agency shall accept applications, make eligibility
						determinations, notify the applicants of the decisions made and, if the
						applicants are to be enrolled, issue food or food instruments. All of these
						actions shall be accomplished within the timeframes set forth below.
(A) Applicants at special nutritional risk
						shall be notified of their eligibility within ten (10) calendar days of their
						initial visit to the local agency to apply for Program benefits. Local agencies
						may extend this timeframe to fifteen (15) calendar days with prior written
						approval from the Department. Applicants at special nutritional risk shall
						include pregnant women eligible as Priority I participants, and migrant
						farmworkers and their family members who soon plan to leave the jurisdiction of
						the local agency.
(B) All other
						applicants shall be notified of their eligibility within twenty (20) calendar
						days after their initial visit to the WIC clinic to apply for Program
						benefits.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40677 - Certification Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Certification periods shall be within the following timeframes:
(1) Pregnant women shall be certified for the
						duration of their pregnancy and for up to six weeks postpartum.
(2) Postpartum women shall be certified for
						up to six months postpartum.
(3)
						Breastfeeding women shall be certified at intervals of approximately six
						months, ending with the infant's first birthday.
(4) Infants shall be certified at intervals
						of approximately every six months. The Department may permit local agencies to
						certify infants under six months of age for a period extending up to the first
						birthday, provided that the quality and accessibility of health care services
						are not diminished.
(5) Children
						shall be certified at intervals of approximately six months and ending with the
						end of the month in which a child reaches the fifth
						birthday.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40683 - Dual Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local agencies shall report all cases of
						suspected dual participation to the Department.
(b) Participants or their parents, guardians,
						caretakers, or representatives who are determined to be dual participating
						shall be:
(1) Disqualified immediately from
						one of the two agencies or clinics.
(2) Disqualified for a period up to three
						months from both agencies or clinics if deliberate misrepresentation is
						involved.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 3 - Nondiscrimination › Section 40693 - Civil Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
						person shall, on the grounds of race, color, national origin, age, sex, or
						handicap, be excluded from participation in, be denied benefits of, or be
						otherwise subjected to discrimination under the Program.
(b) Where a significant number or proportion
						of the population eligible to be served needs service or information in a
						language other than English in order to effectively be informed of or
						participate in the Program, the local agency shall take reasonable steps to
						provide information in appropriate languages to such persons, considering the
						scope of the Program and the size and concentration of such
						population.
(c) The local agency
						shall compile data, maintain records, and submit reports as required by the
						Department to permit effective enforcement of nondiscrimination laws.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 311,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 4 - Fair Hearing Procedures for Participants › Section 40703 - Fair Hearing Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						hearing process shall be provided to any participant who appeals
(1) The Department's or local agency's action
						which results in the participant's denial of participation or disqualification
						from the Program, or
(2) The
						Department's request for repayment of the cash value of program benefits
						overissued as a result of the participant intentionally misrepresenting
						information.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 4 - Fair Hearing Procedures for Participants › Section 40705 - Fair Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The hearing shall be conducted by an impartial official.
(b) The appellant shall have the opportunity
						to:
(1) Examine, prior to and during the
						hearing, the documents and records presented to support the decision under
						appeal;
(2) Question or refute any
						testimony or evidence, including an opportunity to cross-examine adverse
						witnesses;
(3) Be assisted or
						represented by an attorney or other person, if desired;
(4) Bring witnesses;
(5) Advance arguments without undue
						interference;
(6) Submit evidence
						to establish all pertinent facts and circumstances in the
						case.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 5 - Supplemental Foods › Section 40715 - Supplemental Foods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Supplemental foods shall be prescribed for the participant from foods
						authorized by the Department according to the category and nutritional need of
						the participant.
(b) The competent
						professional authority shall determine for each participant the appropriate
						supplemental foods, taking into consideration the participant's age and dietary
						needs.
(c) The specific foods
						authorized shall be determined by the department based upon federal minimum
						nutrient requirements specified for the particular food group, programmatic
						needs, financial constraints, and space limitations on the face of the food
						instruments. The Department shall make every effort to minimize the number of
						specific foods authorized in order to avoid difficulty in complying with, and
						misunderstanding of, Program rules for food instrument usage by Program
						participants and food vendors. The Department shall authorize up to but not
						more than ten food types or ten food items with specific brand names on any
						food instrument. The following criteria shall be used by the Department to
						designate the specific foods authorized:
(1)
						Cost of the foods;
(2)
						Appropriateness of foods to the participant's category;
(3) Statewide availability of the foods for a
						period of at least one year;
(4)
						Nutrient content of the food, its relationship to the nutritional needs of
						participants, and its consistency with the nutrition education goals of the
						Program.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 6 - Nutrition Education › Section 40725 - Local Agency Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local agencies shall make nutrition
						education available to all adult participants and to parents, guardians,
						caretakers or other representatives of infant and child participants. Nutrition
						education shall be designed to meet the cultural and language needs of the
						participant, considering the scope of the Program and the size and
						concentration of such population with such needs.
(b) Local agencies shall develop an annual
						nutrition education plan in a format specified by the department.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
						  30, 2020, which allowed the director of the State Department of Public Health
						  to make temporary changes to certain regulations relating to the Women,
						  Infants, and Children Program, due to the COVID-19
						  pandemic.
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 6 - Nutrition Education › Section 40733 - Vendor Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						A representative or representatives designated by the vendor shall participate
						in vendor training as follows:
(1) A
						representative designated by the vendor shall attend interactive training
						provided by the Program as part of the application for authorization process,
						as specified in Section
						40735, and at least once every
						three years after authorization while authorized. Interactive training means
						training provided by the Program in a format that includes a contemporaneous
						opportunity for questions and answers.
(A) A
						vendor shall be notified in writing of the date, time and location of the
						interactive training.
(B) A vendor
						whose representative cannot attend or fails to attend the interactive training,
						on the date and in the location specified in subsection (a)(1)(A), shall be
						notified in writing of one alternative date, time and location for
						attendance.
(C) Failure of a
						representative designated by the vendor to attend the interactive training
						noticed pursuant to subsections (a)(1)(A) or (a)(1)(B) shall result in
						termination of the authorization process and denial of authorization for
						vendors applying for authorization.
(D) Failure of a representative designated by
						a currently authorized vendor to attend the interactive training noticed
						pursuant to subsections (a)(1)(A) or (a)(1)(B) shall result in termination of
						authorization for that vendor store.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40737 - WIC Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may deny authorization to accept WIC
						  Program food instruments to food vendor who has:
(a) A record of non-compliance with WIC
						Program contractual provisions and conditions set forth in 40735(b)(4) of these
						regulations or,
(b) Prices for the
						WIC Program supplemental foods that have been determined by the Department to
						exceed those for similar markets in similar geographic areas or,
(c) Limited stock or lack of specific WIC
						Program supplemental foods or,
(d)
						Unusual or irregular hours or inaccessible location which are determined by the
						Department to be inconvenient for the customer or,
(e) Failed to appear at scheduled vendor
						education group meetings or,
(f) No
						visible or posted prices on WIC food items or,
(g) No fixed store location to enable routine
						monitoring visits and in-store compliance purchases to verify compliance with
						WIC contractual requirements, such as home delivery operators or,
(h) A conflict of interest with the local WIC
						agency or,
(i) Misrepresented the
						facts on the food vendor application or,
(j) An ownership interest in a market during
						a period for which a sanction is in effect, or during a period for which an
						audit claim is outstanding.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
						  30, 2020, which allowed the director of the State Department of Public Health
						  to make temporary changes to certain regulations relating to the Women,
						  Infants, and Children Program, due to the COVID-19
						  pandemic.
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 314,
							 315
							 and
							 315.5,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40739 - Food Vendor Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Agreements between the food vendors and the Department,
						  as executed on the "Vendor Agreement" Form, DHS 4071A(1/89), shall contain, at
						  a minimum, the following:
(a) A term
						effective for no longer than twenty-four (24) months. Neither the State, not
						the food vendor has an obligation to renew the food vendor agreement.
						Expiration of a food vendor agreement shall not be subject to appeal. The
						Department or the food vendor may terminate the food vendor agreement upon
						fifteen (15) calendar days written notice;
(b) A section that lists WIC rules,
						Department responsibilities, the term of the agreement, food vendor appeal
						rights, a certification section which states that the food vendor shall comply
						with the terms of the agreement as well as the provisions of the WIC Acceptable
						Food List. The vendor also shall agree to read any amendments and updates to
						the Vendor Agreement and the WIC Acceptable Food List. The vendor further
						agrees to comply with such amendments and updates if he or she continues to
						participate thereafter in the WIC Program.
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1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
						  30, 2020, which allowed the director of the State Department of Public Health
						  to make temporary changes to certain regulations relating to the Women,
						  Infants, and Children Program, due to the COVID-19
						  pandemic.
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 312,
							 314
							 and
							 314.5,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40740 - Federally Required Sanctions Against Food Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Program violation included in this
						Section shall result in an adverse action including disqualification of a food
						vendor or imposition of a civil money penalty in lieu of disqualification.
(1) The Program shall provide the food vendor
						with a fifteen (15) calendar day written notice of disqualification in advance
						of the effective date of any proposed adverse action, which states the cause(s)
						for and effective date(s) of the action except for a disqualification based on
						a violation of (c) of this Section which becomes effective on the date of
						receipt of the notice of disqualification.
(2) A warning that violations are occurring
						or have occurred is not required prior to any adverse action taken against food
						vendors pursuant to this Section.