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 40735 - Authorization of Food Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any retail outlet meeting certain food
						stocking requirements may apply to become an authorized food vendor. The
						Department may limit the number of food vendors in a geographic area taking
						into consideration the adequacy of participant access and the Department's
						ability to effectively manage review of authorized food vendors. All applicants
						shall complete a WIC application on a form heretofore known as the "Retail
						Vendor Application for Authorization to Participate in the Supplemental Food
						Program for Women, Infants and Children (WIC)," Form DHS 4070 (1/89). Specific
						criteria relative to the completeness of the application, history of compliance
						with the WIC Program during previous periods of participation and the
						appropriate rate of food prices as identified on the "Vendor Food Price
						Survey," Form DHS 4115 (3/89), shall be used to review each complete
						application and food prices to determine if a food vendor will be authorized.
						If the vendor's application has been disapproved by the Department for reasons
						other than suspension, the applicant shall be afforded at least one opportunity
						to resubmit a complete application. If an applicant has been denied for a
						specified period, the applicant may reapply at the end of that period. Only
						authorized food vendors shall accept food instruments. Each retail outlet
						location must be authorized separately from any other location operated by an
						individual, group of individuals, or a corporation. No food vendor is entitled
						to any reimbursement for food vouchers without first having an executed vendor
						agreement. Unauthorized food vendors who accept food instruments shall be held
						liable for repayment of funds received in the absence of a fully executed
						agreement between the Department and the food vendor. All food vendors
						transacting food instruments shall maintain inventory records showing all
						purchases, both wholesale and retail, in the form of invoices which identify
						the quantity, sizes and prices of specified authorized supplemental
						foods.
(b) Criteria used to select
						WIC food vendors include but are not limited to:
(1) The prices the food vendor charges for
						foods in relation to other stores in the area or other stores of similar size
						and/or sales volume;
(2) The
						ability of the Department to ensure, through in-store compliance purchases or
						other reviews, that authorized supplemental foods will be provided;
(3) The adequacy of the shelf stock in
						sufficient types and amounts of WIC authorized foods;
(4) A food vendor's history of compliance
						with statutes, regulations, and prior agreements with local, state, and federal
						governmental entities including, but not limited to, those entities responsible
						for administering the WIC and Food Stamp Programs;
(5) The food vendor's understanding of the
						provisions contained in the Vendor Agreement;
(6) The food vendor's establishment must be
						convenient and accessible for WIC participants.