Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 3 - WIC VENDOR APPLICATION AND AUTHORIZATION PROCESS › Section 310:410-3-12 - Authorization criteria and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Only WIC retail vendors authorized by the department shall be eligible to
				  accept food benefits or otherwise provide supplemental foods to WIC
				  participants. Any applicant seeking authorization to become a WIC retail vendor
				  has an obligation to meet the following criteria before authorization. In
				  addition, any approved vendor has a continuing obligation to meet the below
				  listed criteria during the period of authorization:
(1) The vendor site shall be located within
				  the boundary lines of the state of Oklahoma.
(2) The vendor site shall have a fixed and
				  permanent location. This site shall be the address indicated on the WIC vendor
				  application and shall be the location where a WIC participant or proxy shall
				  select WIC foods during business hours.
(A)
				  This site shall not be at an address or within any building where food benefits
				  are distributed to WIC participants without written agreement from the State,
				  i.e., extenuating circumstances, outreach, participant access, and/or rural
				  areas. Provided, however, the Department retains the right to place a service
				  location within the same building where food benefits are redeemed.
(B) The price charged to the WIC Program for
				  WIC foods provided through participant requested delivery shall not exceed
				  those prices charged to cash paying customers nor the prices posted at the
				  vendor site. The vendor shall not charge for delivery of WIC foods.
(3) Each vendor site listed in the
				  application shall have seventy percent (70%) or more gross receipts from the
				  sale of products other than beer, hot foods and motor fuel.
(4) Authorization to participate in the USDA
				  SNAP or any other federal food program is not a prerequisite for authorization
				  as a WIC retail vendor. If, however, an applicant or vendor has been authorized
				  to participate in the USDA SNAP or other federal food program, he shall not
				  have been denied, suspended, disqualified, terminated, or assessed a civil
				  money penalty during the two (2) years preceding application for authorization
				  as a WIC retail vendor.
(5) Neither
				  the applicant, vendor, nor any officers or officials shall have been involved
				  in bribery as prohibited under Oklahoma Purchasing Act.
(6) Neither the applicant, vendor, its
				  officers, directors, individual partners, nor their spouses or minor children
				  who own more than seven and one-half percent (7 1/2%) ownership or beneficial
				  interest in the business entity seeking authorization to participate in the WIC
				  Program shall be employed by the state or county health departments directly or
				  indirectly involved in the delivery or administration of WIC
				  services.
(7) Neither the
				  applicant, nor the vendor shall have been convicted of a misdemeanor involving
				  fraud, misuse or theft of state or federal funds or of any felony. A certified
				  copy of conviction may be offered and admitted into evidence as proof of such
				  conviction.
(8) Neither the
				  applicant, vendor, nor any owner of thirty percent (30%) or more ownership
				  shall have been terminated from the WIC Program in the previous two (2)
				  years.
(9) The applicant or vendor
				  shall adhere to the provisions of the USDA WIC Regulations and this
				  part.