North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0200 - WIC PROGRAM GENERAL INFORMATION › Section 43D .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Subchapter, all definitions set forth in 7 C.F.R. Part 246.2
				  are hereby incorporated by reference, including subsequent amendments and
				  editions, with the following additions and modifications:
(1) An "administrative appeal" is an appeal
				  in accordance with Section .0800 of this Subchapter through which a local WIC
				  agency, potential local WIC agency, authorized WIC vendor, or WIC vendor
				  applicant may appeal the adverse actions listed in
				  7 C.F.R.
				  246.18(a)(1)(i), (a)(1)(ii), and
				  (a)(3)(i).
(2) An "authorized store representative"
				  includes an owner, manager, assistant manager, head cashier, or chief fiscal
				  officer.
(3) An "authorized WIC
				  vendor" is a food retailer or free-standing pharmacy that has executed a
				  currently effective North Carolina WIC Vendor Agreement, as set forth in
				  7 C.F.R
				  246.12(h)(3).
(4) A "chain store" is a store that is owned
				  or operated by a corporation, partnership, cooperative association, or other
				  business entity that has 20 or more stores owned or operated by the business
				  entity.
(5) An "Electronic Benefit
				  Transfer (EBT) Processor" is an entity contracted by a government agency for
				  the implementation, maintenance, and operation of the State WIC agency's WIC
				  EBT system that acts as the agent of the State WIC agency to process and settle
				  EBT transactions.
(6) A "fair
				  hearing" is the informal dispute resolution process in Section .0900 of this
				  Subchapter through which any individual may appeal a State or local agency
				  action that results in a claim against the individual for repayment of the cash
				  value of issued benefits by which the individual is not eligible or results in
				  the individual's denial of participation or disqualification from the WIC
				  Program, as set forth in Rule .0410 of this Subchapter. This process must be
				  complied with prior to requesting a contested case hearing in accordance with
				  G.S. 150B, as set forth in 7
				  CFR 246.9.
(7) "First date to spend" means "first date
				  of use" as defined in 7
				  C.F.R. 246.12, hereby incorporated by
				  reference with all subsequent amendments and editions.
(8) "FNS" means the Food and Nutrition
				  Service of the U.S. Department of Agriculture.
(9) "Food benefits" are the prescribed
				  amounts of WIC authorized foods and formulas or a fixed dollar amount
				  prescribed to WIC customers to receive fruits and vegetables.
(10) "Food benefit balance" means the unspent
				  food benefits for the current month that are available to use by the
				  cardholder.
(11) "Free-standing
				  pharmacy" means a pharmacy that does not operate within another retail store.
				  Free-standing pharmacy includes free-standing pharmacies that are chain stores
				  and free-standing pharmacies participating under a WIC corporate
				  agreement.
(12) "Last date to
				  spend" means "last date of use" as defined in
				  7 C.F.R.
				  246.12, hereby incorporated by reference with
				  all subsequent amendments and editions.
(13) The "local WIC agency" is the local
				  agency that enters into an agreement with the Division of Public Health to
				  operate the Special Supplemental Nutrition Program for Women, Infants and
				  Children.
(14) A "local WIC program
				  plan" is a written compilation of information on the local WIC agency policies
				  concerning program operation, including administration, nutrition education,
				  personnel functions, costs and other information prepared by the local WIC
				  agency and submitted to the Nutrition Services Branch.
(15) "New authorized WIC vendor" is an
				  authorized WIC vendor that has been approved to accept WIC for the first time
				  and does not include vendors that have a previous WIC authorization
				  history.
(16) A "personal
				  identification number" (PIN) is a numeric password selected and used by a WIC
				  participant to authenticate the participant to the EBT system.
(17) A "point of sale terminal" (POS) is an
				  electronic device used to process EBT card payments at authorized vendor
				  locations.
(18) A "predominantly
				  WIC vendor" is an "above-50-percent vendor" as defined in
				  7 C.F.R.
				  246.2.
(19) A "product look-up (PLU) code" is an
				  identification number placed on produce sold at authorized vendor
				  locations.
(20) "Redeemed food
				  benefits" means the benefits that have been used by the WIC customer.
(21) "Redemption" is the process by which a
				  vendor receives payment from the State agency or its financial agent for food
				  benefits transacted at that vendor location.
(22) "Shelf price" is the price listed on the
				  shelf for the WIC supplemental food.
(23) "SNAP-eligible food sales" means "food
				  sales" as defined in 7 C.F.R.
				  246.2, which are those foods that can be
				  purchased with Supplemental Nutrition Assistance Program ("SNAP")
				  benefits.
(24) The "State agency"
				  is the Nutrition Services Branch, Women's and Children's Health Section,
				  Division of Public Health, North Carolina Department of Health and Human
				  Services.
(25) "Store" means a food
				  retailer or free-standing pharmacy operating at a single, fixed
				  location.
(26) "Supplemental food"
				  or "WIC supplemental food" is a food that satisfies the requirements of
				  10A NCAC
				  43D .0501.
(27) "Support costs" are clinic costs,
				  administrative costs, and nutrition education costs.
(28) "Transaction" is the process by which a
				  WIC customer tenders food benefits at an authorized vendor in exchange for
				  authorized supplemental foods.
(29)
				  "Universal Product Code (UPC)" means an identification code printed on the
				  packaging of WIC approved foods sold at WIC authorized vendor
				  locations.
(30) "Vendor applicant"
				  is a store that has submitted an application to become an authorized WIC vendor
				  but is not yet authorized.
(31) A
				  "vendor overcharge" is intentionally or unintentionally charging more for
				  supplemental food provided to a WIC customer than to a non-WIC customer or
				  charging more than the current shelf price for supplemental food provided to a
				  WIC customer.
(32) A "WIC corporate
				  agreement" is a single WIC Vendor Agreement with a corporate entity that has 20
				  or more stores authorized as WIC vendors under the Agreement.
(33) "WIC customer" means a WIC participant,
				  parent, or caretaker of an infant or child participant, proxy for the eligible
				  participant, or compliance investigator who transacts food benefits at a vendor
				  in exchange for WIC supplemental food.
(34) "WIC program" means the Special
				  Supplemental Nutrition Program for Women, Infants, and Children authorized by
				  42 U.S.C.
				  1786 of the Child Nutrition Act of 1966 as
				  amended.