New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter E - Food And Drug Products; Research › Part 60 - Food And Drug Products › Subpart 60-1 - Wic Program-violations And Hearings Involving Applicants, Participants, Food Vendors And Local Agencies › Section 60-1.8 - Food vendor violations of the wic program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any food vendor, who, in the course of a
					 transaction involving a food instrument (WIC check) commits any of the
					 following acts shall be liable for disqualification from the WIC program for a
					 period of up to three years in addition to being liable for civil penalties of
					 up to $1,000 per violation under the authority of section 12  of the Public Health Law:
(1) the vendor charges the State or local
					 agency for foods not received by the participant;
(2) the vendor charges the State or local
					 agency prices in excess of those charged to other customers;
(3) the vendor provides cash in exchange for
					 WIC checks;
(4) the vendor provides
					 cash for the return of items purchased with a WIC check;
(5) the vendor fails to verify the signature
					 on the customer's WIC identification card against the required signature on the
					 customer's WIC check for all foods delivered or sold to the customer;
(6) the vendor provides unwholesome items in
					 exchange for a WIC check, such as but not limited to, items provided past their
					 expiration date and/or spoiled foods;
(7) the vendor provides unauthorized items
					 and/or items not specified on the face of the WIC check in exchange for a WIC
					 check;
(8) the vendor issues a
					 document (rain check) to a person utilizing a WIC check purporting to give that
					 person the right to buy, at a later date, a particular WIC item which the
					 vendor does not have in stock at the time the document is issued;
(9) the vendor forges a customer's signature
					 onto a WIC check;
(10) the vendor
					 stamps a WIC vendor number onto a WIC check redeemed by any other
					 vendor;
(11) the vendor accepts WIC
					 checks without being a WIC food vendor;
(12) the vendor discriminates against or
					 harasses any person utilizing a WIC check;
(13) the vendor fails to ensure that the
					 amount of purchase is written in the space provided on the WIC check in the
					 customer's presence at the time of purchase;
(14) the vendor accepts WIC checks before or
					 after the dates indicated on the checks during which the checks are
					 valid;
(15) the vendor fails to
					 maintain, for a minimum of three years, all invoices and purchase slips for WIC
					 food items, for inspection by authorized Federal, State or local
					 agencies;
(16) the vendor fails to
					 allow unobstructed examination of all WIC food instruments, invoices and
					 purchase slips for WIC food items;
(17) the vendor fails to have invoices and
					 purchase slips for WIC food items equal to the type and volume of WIC food
					 sold;
(18) the vendor fails to
					 surrender WIC stamps upon disqualification or suspension;
(19) the vendor fails to maintain, on
					 premises of the authorized location, a State-issued WIC vendor authorization
					 stamp; or
(20) the vendor deposits
					 WIC checks into a bank account different than the vendor's sole authorized bank
					 account listed on the vendor's contract; or
(21) the vendor stamps a check that was
					 accepted at a location other than the sole authorized location contained in the
					 vendor's contract.