Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 7 - WIC VENDOR AUTHORIZATION AND RESPONSIBILITIES › Section 310:410-3-35 - WIC retail vendor responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The vendor shall monitor the WIC approved
				  foods approved by the USDA and shall furnish only the prescribed quantities,
				  types and brands of food specified on the food instrument. Pharmacies or drug
				  stores shall be exempt from the minimum stock requirement. However, these
				  establishments must have the ability to supply special formula in the necessary
				  quantities upon request within twenty-four (24) hours.
(b) The vendor shall accept food instruments
				  only within the time limits indicated on the food instruments and shall not
				  receive payment for food instruments submitted before the "First Day to Use" or
				  after the "Last Day to Use."
(c)
				  The vendor shall be responsible for payment and replacement of a lost, stolen
				  or destroyed vendor number stamp.
(d) The vendor shall display the price of WIC
				  approved foods charged to the general public in clear view of customers,
				  identifying the price of the specific WIC food item.
(e) The vendor shall provide WIC approved
				  foods to participants or proxies at the same price or less than the price
				  charged to non-WIC customers.
(f)
				  The vendor shall accept food instruments only from WIC participants, proxies or
				  representatives of the department who present a WIC participant folder with the
				  appropriate authorized signatures.
(g) The vendor shall not issue a WIC
				  participant or proxy any document (e.g., rain check) purporting to give the WIC
				  participant or proxy the right to buy a WIC food item or non-WIC food item
				  after the food instrument is signed by the participant or proxy. The vendor
				  shall not exchange any WIC food item unless authorized by a department
				  representative.
(h) The vendor
				  shall charge the department sale prices. The value of coupons and discounts
				  shall be deducted from the price charged to the department. The participant
				  shall not be given cash for the difference.
(i) The vendor shall participate in an annual
				  WIC training program.
(j) The
				  vendor shall be responsible for all food instruments accepted and processed for
				  payment by current and former employees at the vendor site. The vendor shall
				  also be responsible for the accuracy of any information submitted to the
				  department by such employees. The vendor shall be responsible for reviewing
				  food instruments which have been accepted to make certain that the total cost
				  does not exceed the posted shelf prices or the prices charged to non-WIC
				  customer.
(k) The vendor shall
				  abide by the USDA WIC Regulations and this part.
(l) The vendor and his business entity shall
				  be subject to audit by the department or USDA for the time period covering any
				  present or previous authorization. The vendor shall maintain all records of
				  purchases, gross sales receipts, and invoices of all WIC and non-WIC approved
				  foods for a period not less than three (3) years. The original of such records
				  shall be made available to the department or USDA upon reasonable request. The
				  vendor shall also provide the department and USDA the opportunity to inspect
				  all food instruments located at the vendor site or under the control of the
				  vendor.
(m) The vendor shall
				  respond truthfully and accurately to department initiated requests for retail
				  vendor price surveys, verification of ownership of the business entity or
				  vendor site, proof of WIC and non-WIC purchases and sales, and proof of the
				  volume of alcoholic beverage sales. Such responses shall be in writing and be
				  provided within fifteen (15) calendar days of receipt of the department's
				  request.
(n) The vendor shall
				  maintain all refrigerated areas at a temperature of forty degrees Fahrenheit
				  (40oF) or below, and no WIC approved foods shall
				  exceed the expiration date printed on the food item.
(o) The vendor shall not exchange food
				  instruments for any form of currency, or other items of value, nor provide the
				  participant with any amount of currency or coin as change from a partial WIC
				  food transaction.
(p) The vendor
				  shall not seek restitution from WIC participants for food instruments not paid
				  by the department or fines levied by the department, a financial institution or
				  the department's fiscal processor. The vendor shall not seek or receive
				  restitution from the department for monetary penalties for rejected food
				  instruments.
(q) The vendor shall
				  not charge sales taxes for WIC approved foods, as the department is exempt from
				  such tax.
(r) The vendor shall
				  reimburse the department for any food instruments redeemed in violation of the
				  USDA WIC Regulations, this part, or the WIC vendor agreement.
(s) Neither authorization as a WIC vendor nor
				  the WIC vendor agreement constitutes employment between the vendor and the
				  department as a state employee or provides eligibility for any employee
				  benefits provided by the state of Oklahoma.
(t) The vendor shall offer the same
				  courtesies to WIC participants as offered to other customers.
(u) When material information included in the
				  vendor's application changes, the vendor, by certified mail, shall notify the
				  department in writing within thirty (30) calendar days.
(v) The vendor shall not deny a participant
				  any WIC approved foods indicated on the food instrument which the vendor has in
				  stock.
Added at 10 Ok Reg
					 4203, eff 8-1-93 (emergency); Added at 11 Ok Reg 3823, eff 7-11-94; Amended at
					 16 Ok Reg 2505, eff 6-25-99; Amended at 22 Ok Reg 741, eff
					 5-12-05