New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Applicant"
means a grocery store or pharmacy which applies to the State
				WIC Office to be an authorized vendor.
B.
"Authorized Food List"
means
				the list of authorized foods approved by the State WIC Office.
C.
"Authorized Foods"
or
"WIC Authorized Foods"
means only those types, brands or varieties
				of foods and infant formulas which meet requirements specified under 7 CFR 246
				and the WIC policy manual, are approved by the State WIC Office, and are listed
				on the authorized food list in the Vendor Manual, and on the Vendor Grocery
				Food Price Record Form and Special Infant Formula Price Form.
D.
"Change of Ownership"
means
				any transfer of the right to control the assets or management of a vendor, or
				any majority changes in ownership of a sole proprietorship, of a partnership or
				of the stock of a corporation which owns a vendor location.
E.
"Check"
means a WIC Food
				Instrument.
F.
"Clinic
				Service Area"
means the geographic area or population group served by a
				local clinic.
G.
"Customer
				Area"
means the portion of a grocery store or pharmacy which is normally
				frequented by customers, exclusive of storage or other areas.
H.
"Department"
means the State
				of New Mexico Department of Health.
I.
"Disqualification"
means
				cancellation of a vendor's authority to participate in the WIC
				program.
J.
"Food Vendor
				Agreement"
means a completed agreement and application that has been
				approved and signed by the State WIC Office and by the vendor. This agreement
				incorporates by reference the provisions and program requirements set forth in
				the Vendor Manual, the authorized food price record, periodic newsletters, and
				other formal instructions which may from time to time be issued by the State
				WIC Office to vendors.
K.
"Food Vendor Agreement Period"
means a period of two years beginning
				October 1 and ending on September 30 of the second year.
L.
"Food Instrument"
or
"WIC Food Instrument"
means a voucher, check, electronic benefits
				transfer card (EBT), or other document which is used by participants in the WIC
				program to obtain WIC authorized foods and or infant formulas.
M.
"Food Stamps"
means an
				assistance program under the Food Stamp Act of 1964, as amended,
				7 U.S.C. Section
				2011(1964), that may use
				paper stamps or electronic means to provide benefits.
N.
"Full Service Grocery or
				Pharmacy"
means a grocery vendor location that provides a variety of
				food items that allow WIC's nutrition education component to be utilized at
				will by WIC participants, or a duly licensed New Mexico pharmacy vendor
				location that provides pharmaceuticals and nutritional supplements. The
				nutrition education component includes, but is not limited to, improving family
				nutrition, and teaching economical shopping techniques. A variety of food items
				shall include dairy products (eggs, milk, cheese, etc.), meats (beef, chicken,
				pork), fresh fruits and vegetables (to include, but not limited to - oranges,
				apples, bananas, potatoes, tomatoes, carrots, lettuce), other foods (to include
				basic baking products, pastas, crackers, bread, tortillas, margarine, canned
				fruits/vegetables/meats), household items (cleaning supplies, paper goods,
				etc), and foods required per minimum inventory of WIC foods.
O.
"Grocery Store"
means a
				retail store in a fixed and permanent location that is open and operating and
				whose primary business is the sale of food.
P.
"Incidence"
means 1 instance
				of conduct.
Q. "Investigation"
				means 3 positive compliance buys out of 5, or other investigative means to
				detect fraud or abuse. A "compliance buy" is a purchase from a vendor by an
				agent of the State agency to test a vendors compliance with state and federal
				regulations governing the WIC program.
R.
"Minimum Stock Requirement"
means the minimum quantities and varieties of authorized foods and/or infant
				formulas a grocery store or pharmacy is required to keep in the customer area
				as specified on the vendor authorized food price record, or special infant
				formula price record and in the Vendor Manual.
S.
"Participant(s)"
means only
				the following classes of persons certified eligible to receive supplemental
				food, nutrition education, and counseling services under the WIC program:
(1) A pregnant woman;
(2) A woman up to 12 months after giving
				birth who is breastfeeding her infant;
(3) A woman up to 6 months after a pregnancy
				has ended who is not breastfeeding her infant;
(4) An infant from birth to one year of age;
				or
(5) A child from one to five
				years of age.