Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 286 - MAINE WIC PROGRAM RULES › Section 144-286-IV - VENDOR

Current through 2024-29, July 17, 2024
A.
APPLICATION FOR AUTHORIZATION &
				VENDOR SELECTION CRITERIA
1. A vendor
				interested in participating in the WIC Program must complete a Vendor
				Application in accordance with the procedures outlined in the most recent WIC
				Vendor Manual
2. The State Agency
				will accept applications for authorization as a WIC vendor on an ongoing
				basis.
3. Incomplete applications
				will be returned to the vendor and may delay authorization.
4. In order for a vendor's application to be
				considered by the State Agency, the vendor must comply with the criteria listed
				in the most recent WIC Vendor Manual in effect at the time of application,
				including, but not limited to:
a. The vendor
				must have a minimum supply of WIC foods as defined in the most recent WIC
				Vendor Manual in effect at the time of application and the foods may not be out
				of date
b. The vendor applicant
				must possess a valid Food Establishment License from the Maine Department of
				Agriculture, Food and Rural Resources (or its equivalent from another state) or
				must be a Registered Pharmacy through the Maine Commission of Pharmacies (or
				its equivalent from another state).
c. The food vendor and food/pharmacy vendor
				applicant's store must include at least 1,000 square feet of space devoted to
				the sale of grocery items unless denial for this reason would result in
				inadequate participant access.
d.
				The food vendor and food/pharmacy vendor applicant must be currently enrolled
				as an authorized vendor in the Supplemental Nutrition Assistance
				Program
e. The vendor must be
				authorized to receive an ACH credit (direct deposit). The vendor must provide
				the State Agency a valid bank name, routing and account numbers.
f. The food vendor applicant may not expect
				to derive more than fifty percent of annual food sales revenue from WIC food
				instruments/cash value vouchers.
g.
				Applications for authorization as a WIC pharmacy vendor will be considered only
				if the State Agency determines that a need exists in the geographical area
				where the pharmacy applicant is located.
5. The State Agency has the right to refuse
				applications from new owners of stores previously disqualified from the Program
				or any other FNS Program if the State Agency has reason to believe that a bona
				fide arms length sale has not taken place.
6. Unless denying authorization of a vendor
				applicant would result in inadequate participant access, the State Agency may
				not authorize a vendor applicant that is currently disqualified from the
				Supplemental Nutrition Assistance Program or that has been assessed a
				Supplemental Nutrition Assistance Program civil money penalty for hardship and
				the disqualification period that would otherwise have been imposed has not
				expired.
7. The competitive pricing
				structure for the Maine WIC Nutrition Program is based on peer groups as
				defined in the most recent WIC Vendor Manual in effect at the time the vendor's
				application is reviewed. The vendor applicant's pricing must be competitive
				when compared to that of his/her peers.
8. A vendor applicant must be an established
				business, open to the public for at least one year in the current location.
				This condition can be waived by the State Agency for a current vendor in good
				standing that is adding an additional location.
9. U.S. military commissaries are exempt from
				the selection criteria.
10. The
				State Agency will consider business integrity as established in
				7CFR§
											246.12(3) (iii) of the WIC
				Federal Regulations.