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 60-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms shall have
						the following meanings:
(a)
					 Administrative law judge means a person designated by the Commissioner of
					 Health to conduct hearings under sections
					 60-1.6,
					 60-1.11
					 and
					 60-1.12 
					 of this Subpart. The commissioner may delegate to the Administrative Law Judge
					 the power to render final decisions in these matters.
(b) Adverse action shall mean the imposition
					 of monetary penalties, suspension or disqualification from, or the denial of
					 participation in the WIC program. It shall not mean nonrenewal of a contract,
					 the term of which has expired, nor notification to a vendor to cease and desist
					 from depositing WIC checks in the vendor's bank account.
(c) Applicant means a person who submits an
					 application to a local agency for its determination of his/her eligibility to
					 receive supplemental foods under the WIC program.
(d) Categorically ineligible means not
					 meeting the definition of pregnant women, breastfeeding women, postpartum
					 women, or infant or child as set forth in subdivision (m) of this
					 section.
(e) Commissioner means the
					 Commissioner of Health of the State of New York.
(f) Conference means a meeting prior to a
					 request for a fair hearing, between a representative of a local agency and an
					 applicant or participant who is aggrieved by the determination or action of
					 such agency, to discuss such determination or action.
(g) Department shall mean the New York State
					 Department of Health.
(h) Fair
					 hearing means the procedure under section
					 60-1.6
					 and
					 60-1.12 
					 of this Subpart by which applicants, participants, food vendors and local
					 agencies may appeal certain determinations or actions of a local agency or of
					 the State agency.
(i) FNS means the
					 Food and Nutrition Service of the United States Department of
					 Agriculture.
(j) Food instrument
					 means a WIC check, drawn on the account of the State Department of Health
					 exchangeable for WIC-approved products.
(k) Food vendor means any establishment which
					 accepts WIC food instruments whether contracted to do so or not.
(l) Local agency means an agency which has
					 contracted with New York State to provide WIC benefits to
					 participants.
(m) Participant means
					 a person who is a pregnant woman, a breastfeeding woman for up to one year
					 postpartum, a postpartum women up to six months following delivery, an infant
					 under one year of age, or a child between one and five years of age, or their
					 representative, who is receiving supplemental foods or food instruments under
					 the WIC program.
(n) Persons with a
					 special nutritional risk condition means pregnant women at nutritional risk as
					 demonstrated by hematological or anthropometric measurements, or other
					 documented nutritionally related medical conditions which demonstrate the need
					 for supplemental foods, infants under six months of age, and members of migrant
					 farm worker households who plan to leave the jurisdiction of the local
					 agency.
(o) Petitioner means an
					 applicant, participant or his/her parent or guardian, food vendor or local
					 agency who requests a hearing from the department.
(p) Respondent means a food vendor or local
					 agency from whom the department seeks a monetary penalty under the provisions
					 of section
					 60-1.11 
					 of this Subpart.
(q) WIC food
					 vendor means a food vendor which has a contract in effect with a local agency
					 to supply supplemental foods to persons receiving benefits under the WIC
					 program.
(r) WIC program means the
					 Special Supplemental Food Program for Women, Infants, and Children authorized
					 by the Federal Child Nutrition Act of 1966, as amended.