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 40741 - Sanctions Against Food Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall disqualify food
						vendors from the Program for a period of one (1) year for the violations listed
						below or the violations of the food vendor agreement. A prior warning and an
						opportunity for correction may be provided to the food vendor in lieu of
						disqualification when the food vendor has had no previous disqualifications
						from the Program and the Program can secure from the food vendor a written
						agreement incorporating an agreed upon action plan relative to the violations
						within ten (10) working days, to be verified by at least one (1) follow-up
						on-site visit to the food vendor by Program staff. Violations shall include,
						but are not limited to:
(1) Charging Program
						participants or the Department a fee for using the food instruments;
(2) Accepting the food instrument prior to or
						after its valid period;
(3)
						Depositing the food instrument with amounts entered which exceed the maximum
						value printed on the food instrument;
(4) Delivering supplemental foods to a
						participant and accepting food instruments at a location other than the food
						vendor's fixed location identified on the vendor agreement such as the
						participant's home or place of business.
(5) Stocking an insufficient quantity of
						Program supplemental foods so that a participant cannot redeem a food
						instrument for the full quantity listed on the food instrument. This shall be
						determined by store inspection;
(6)
						Unsanitary conditions or outdated merchandise;
(7) Failing to post prices on supplemental
						food items so that prices are easily visible to participants. The prices must
						be posted next to the supplemental food items offered for sale or on the shelf
						on which those items are placed;
(8) Charging prices for the Program
						supplemental foods that are unreasonably high or not comparable to the prices
						of other stores in the area, as determined by the Department;
(9) Failing to enter the purchase price on
						the food instrument at the time of purchase and in the participant's
						presence;
(10) Forging a customer's
						signature onto a food instrument;
(11) Redeeming food instruments with
						erroneous or otherwise improper endorsements;
(12) Having a conflict of interest with local
						agency personnel, as in the case of a food vendor who could profit by having a
						relative on the staff of a local agency refer participants to his/her
						store;
(13) Influencing or
						attempting to influence participants' store selection through solicitation on
						or in the vicinity of a local clinic distribution site;
(14) Failing to meet any of the Department's
						authorization criteria;
(15)
						Requiring participants to provide any personal information in the process of
						exchanging food instruments for supplemental food items. Personal information
						is information that identifies or describes a participant including, but not
						limited to: name; address; telephone number; social security number; driver's
						license; physical description; education; financial information; employment
						history; medical history; and Program appointment information. Personal
						information does not include the identification provided by the Program to the
						participant which identifies them as a participant.
(16) Failing to provide supplemental food to
						a participant in exchange for a food instrument because that participant did
						not provide personal information as described in (a)(15) of this Section, other
						than the information required by the Program which identifies him/her as a
						participant.
(17) Requiring a
						participant to purchase the full quantity of supplemental food listed on a food
						instrument when that food instrument states "up to" that amount. "Up to" means
						a participant may choose to purchase less than the full quantity
						listed.