Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.15 - Required Vendor Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  State agency or its representative shall conduct inventory audits, compliance
				  buys, and monitoring to ensure that authorized vendors comply with required
				  vendor practices.
B. General
				  Requirements.
(1) A vendor shall:
(a) Maintain on the store premises, available
				  for immediate purchase by a WIC participant during regular business hours, the
				  minimum required stock;
(b) Post
				  the State agency's WIC sign at the front of the store or in a conspicuous place
				  on the store premises and use other materials provided or approved by the WIC
				  program;
(c) Maintain the vendor
				  premises in a sanitary condition with no evidence of:
(i) Excess trash;
(ii) Vermin; or
(iii) General lack of cleanliness;
(d) Display a current food service
				  facility license, issued by the local health department or department of
				  environment, or if a pharmacy only or a food store/pharmacy combination, a
				  pharmacy permit issued by the State Board of Pharmacy, in a location visible to
				  Program representatives;
(e) Train
				  vendor personnel in WIC policies and procedures;
(f) Display the shelf price of a WIC food at,
				  on, or near the item;
(g) Treat
				  individuals redeeming food instruments the same as other customers;
(h) Submit information requested by the State
				  agency by the date requested;
(i)
				  Attend a WIC training that has been required by the Program for a vendor with a
				  high rate of:
(i) Errors;
(ii) Rejected transactions;
(iii) Complaints; or
(iv) Other minor violations;
(j) Provide WIC foods in a store
				  at a fixed location;
(k) If a
				  pharmacy only or a food store/pharmacy combination:
(i) Upon request by a participant or the
				  Program, provide infant formulas and medical foods within 48 hours, excluding
				  weekends and holidays;
(ii) Only
				  accept the food instrument after obtaining the requested formula; and
(iii) If a pharmacy only vendor, only accept
				  food instruments prescribing infant formula and WIC-eligible medical
				  foods;
(l) Maintain
				  accounting records that are relevant to the vendor's performance under the
				  vendor agreement for 3 years, for review at reasonable times by State agency
				  representatives or other authorized State or federal officials;
(m) If a SNAP vendor, remain in good standing
				  and not:
(i) Be disqualified;
(ii) Be suspended;
(iii) Have been issued a charge or adverse
				  action letter;
(iv) Have filed an
				  appeal; or
(v) Have been assessed a
				  civil money penalty;
(n)
				  Give 30 days notice to the State agency of the store's closing, relocation, or
				  change in ownership;
(o) Pay, by
				  the date due, money penalties imposed by the State agency and
				  overcharges;
(p) Submit the vendor
				  price list form when requested to do so by the State agency;
(q) For the food packages set forth in
				  Regulation .06A of this chapter, maintain prices that are less than or equal to
				  125 percent of the peer group average as determined by the WIC Management
				  Information System calculation for each food package;
(r) Have a representative attend and
				  participate in an annual vendor training session once every 12 months, if the
				  State agency:
(i) Gives the vendor 14 days
				  notice of a scheduled training session; and
(ii) Holds the training session in the
				  vendor's region or offers the training session virtually;
(s) If more than 30 days are needed to reopen
				  the vendor's business in the same location, reapply for authorization and be
				  approved as a WIC vendor in order to obtain authorization to operate as a WIC
				  Vendor; and
(t) Maintain an active
				  email account that is monitored no less than once a week.