Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 18 - WIC Program › Section 902 KAR 18:011 - Definitions for 902 KAR Chapter 18

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.050,
				194A.505,
				194A.990, 7 C.F.R. Part
				246,
				278.6,
				21
				U.S.C. 802
NECESSITY, FUNCTION, AND CONFORMITY:
				42
				U.S.C. 1786 and 7 C.F.R. Part 246 provide for
				grants for state operation of the Special Supplemental Nutrition Program for
				Women, Infants and Children (WIC).
				KRS
				194A.050(1) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				as necessary to qualify for the receipt of federal funds. This administrative
				regulation establishes definitions for the terms used in 902 KAR Chapter
				18.
Section 1. Definitions.
(1) "Above-50-percent vendor" means a vendor
			 that receives or is expected to receive more than fifty (50) percent of its
			 annual food sales revenue from WIC benefits.
(2) "Alcohol" is defined by
			 KRS
			 241.010(1).
(3) "Alcoholic beverage" is defined by
			 KRS
			 241.010(2).
(4) "Approved product listing" or "APL" means
			 an electronic list or file identifying the food items approved by the state WIC
			 agency for purchase with WIC food instruments by food category and
			 subcategory.
(5) "Authorized
			 supplemental food" means a supplemental food authorized by the state or a local
			 agency for issuance to a particular participant.
(6) "Cash value voucher" is defined by
			 7
			 C.F.R. 246.2.
(7) "Certifying professional authority" means
			 a person authorized to determine eligibility and certify persons for the WIC
			 program.
(8) "Class" means food
			 sale classification.
(9)
			 "Compliance buy" means a covert, on-site investigation.
(10) "Contract price" means the price for a
			 WIC food item negotiated between the state WIC agency and the vendor.
(11) "Dual participation" means simultaneous
			 participation in the WIC Program and in:
(a)
			 One (1) or more WIC clinics; or
(b)
			 The Commodity Supplemental Food Program.
(12) "Electronic WIC benefits" or "eWIC"
			 means a Web-based technology that allows WIC participants to obtain food
			 benefits by using a plastic debit-type card with a personal identification
			 number (PIN) at authorized participating WIC retailers.
(13) "Exempt infant formula" is defined by
			 7
			 C.F.R. 246.2.
(14) "FNS" means Food and Nutrition
			 Services.
(15) "Food instrument" is
			 defined by
			 7
			 C.F.R. 246.2.
(16) "Good letter with exceptions" means a
			 written notification letter that:
(a) A
			 compliance buy has been conducted in the store;
(b) A violation occurred; and
(c) No sanction was applied due to lack of
			 pattern of incidence.
(17) "High risk vendor" means a vendor having
			 a high probability of noncompliance with KRS Chapter 194A,
			 42
			 U.S.C. 1786, 7 C.F.R. Part 246,
			 7
			 C.F.R. 278.6, or 902 KAR Chapter
			 18.
(18) "Integrated" means a
			 commercial system that fully incorporates eWIC functionality into an existing
			 cash register (ECR) system.
(19)
			 "Inventory audit" means an examination of food invoices or other proof of
			 purchase to determine if a vendor has purchased sufficient quantities of
			 authorized supplemental food to provide to participants the quantities of food
			 items redeemed by the vendor during a given period of time.
(20) "Investigation" means a method used by
			 the state WIC agency to detect a WIC program violation.
(21) "Local agency" means an applying or
			 participating WIC agency.
(22) "Low
			 variance" means the redemption of the same type of food item at the same price
			 or within a narrow price range.
(23) "Medical foods" means enteral products
			 that are specifically formulated to provide nutritional support for individuals
			 with a qualifying condition when the use of conventional foods is precluded,
			 restricted, or inadequate.
(24)
			 "Not to exceed" or "NTE" means:
(a)
			 FNS-approved cost containment methodology whereby WIC authorized vendors are
			 subject to price limitations; and
(b) the maximum amount that Kentucky will pay
			 for a specific food item identified by its UPC code.
(25) "Participant" means:
(a) A pregnant, breastfeeding, or postpartum
			 woman or an infant or child who is receiving supplemental food or food
			 instruments;
(b) The breastfed
			 infant of a breastfeeding woman who is receiving WIC program
			 benefits;
(c) The parent or
			 caretaker of an infant or child receiving a WIC benefit; and
(d) The proxy for a person identified in
			 paragraphs (a), (b), or (c) of this subsection.
(26) "Participant violation" means an
			 intentional, knowing act of a participant that violates KRS Chapter 194A,
			 42
			 U.S.C. 1786, 7 C.F.R. Part 246,
			 7
			 C.F.R. 278.6, or 902 KAR Chapter
			 18.
(27) "Peer Groups" means
			 categories into which vendors are assigned based upon sales volume and
			 region.
(28) "PIN" means a unique
			 four (4) digit personal identification number designated by the WIC
			 participant.
(29) "Point of sale"
			 or "POS" means the system supporting WIC/eWIC food transactions in a store
			 checkout lane.
(30) "POS device"
			 means a physical electronic cash register or dedicated point of sale hardware
			 or terminal that is used for WIC processing.
(31) "Positive buy" means a compliance buy,
			 on-site review, or on-line WIC transaction review that provides evidence that a
			 violation of the vendor agreement or KRS Chapter 194A,
			 42
			 U.S.C. 1786, 7 C.F.R. Part 246,
			 7
			 C.F.R. 278.6, or 902 KAR Chapter 18 has
			 occurred.
(32) "Price look up" or
			 "PLU" means a four (4) or five (5) digit identifier used to identify individual
			 and bulk produce.
(33) "Proxy"
			 means a person designated by a female participant or by a parent or caretaker
			 of an infant or child participant to obtain and transact a food instrument or
			 cash value voucher to obtain a supplemental food or foods on behalf of a
			 participant.
(34) "Routine
			 monitoring" means overt, on-site monitoring during which representatives of the
			 WIC program identify themselves to vendor personnel.
(35) "Rural" means any area not defined as
			 urban.
(36) "Shelf price" means the
			 price displayed on the food item, shelf, or display case where the food item is
			 stored.
(37) "SNAP" means the
			 Supplemental Nutrition Assistance Program, formerly known as the Food Stamp
			 Program.
(38) "Standard bar code"
			 means a printed series of lines of varying width on a container or product that
			 can be read by an optical scanner to determine product classification and
			 price.
(39) "Staple food items"
			 means meat, poultry, fish, bread, breadstuff, cereals, vegetables, fruit,
			 vegetable and fruit juices, and dairy products, excluding items such as coffee,
			 tea, cocoa, carbonated and uncarbonated beverages, condiments, and
			 spices.
(40) "State WIC agency"
			 means the Cabinet for Health and Family Services or its designated
			 representative.
(41) "Systematic
			 review" means a review of electronic WIC transactions by the state WIC agency
			 or its representatives to monitor systematic violations of the
			 program.
(42) "Trafficking" means
			 the redemption or exchange of WIC food instruments for cash, a firearm,
			 ammunition, an explosive, or a controlled substance as defined in
			 21
			 U.S.C. 802.
(43) "Unauthorized food" means foods not
			 authorized by the state or local agency for issuance to a particular
			 participant.
(44) "Unique customer"
			 means the number of unduplicated individuals that have one (1) or more
			 transactions at the sanctioned vendor during the specified time
			 period.
(45) "UPC" means a barcode
			 consisting of twelve (12) digits used for tracking trade items in retail
			 stores.
(46) "Urban" means a
			 metropolitan area as defined by the U.S. Office of Management and Budget (OMB)
			 Bulletin No. 13-01.
(47) "Vendor"
			 means a sole proprietorship, partnership, cooperative association, corporation,
			 or other business entity operating one (1) or more stores by providing
			 authorized supplemental foods to participants under a retail food delivery
			 system.
(48) "Vendor authorization"
			 means the process by which the state WIC agency assesses, selects, and enters
			 into an agreement or contract with a store that applies or subsequently
			 re-applies to be authorized as a vendor.
(49) "Vendor overcharge" is defined by
			 7
			 C.F.R. 246.2.
(50) "Vendor violation" means an intentional
			 or unintentional act of a vendor's current owner, officers, agent, or employee,
			 with or without the knowledge of management, that violates the vendor agreement
			 or KRS Chapter 194A,
			 42
			 U.S.C. 1786, 7 C.F.R. Part 246,
			 7
			 C.F.R. 278.6, or 902 KAR Chapter
			 18.
(51) "WIC agency" means a local
			 health department or agency contracted with the state to deliver WIC
			 services.
(52) "WIC benefits" means
			 a voucher, check, electronic benefits transfer card (EBT), coupon, or document
			 that is used by a participant to obtain supplemental foods.
(53) "WIC program" or "WIC" means the Special
			 Supplemental Nutrition Program for Women, Infants, and Children authorized by
			 Section 17 of the Child Nutrition Act of 1966,
			 42
			 U.S.C. 1786, and administered pursuant to
			 42
			 U.S.C. 1786 and 7 C.F.R. Part 246 .