Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 410 - WIC › Subchapter 3 - Vendor Management › Part 1 - GENERAL PROVISIONS › Section 310:410-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this
					 Subchapter, shall have the following meaning, unless the context clearly
					 indicates otherwise:
"Above 50% WIC Vendor"
means a WIC retail
					 vendor who expects to derive more than 50% of their annual food sales revenue
					 from the redemption of WIC food benefits from all of the WIC Programs for which
					 they are authorized.
"Administrative warning"
means a written
					 notice which describes the nature of a violation to the WIC Program and a
					 request for correction of the violation.
"APL"
means the Approved Products List.
"Applicant"
means the individual, partnership,
					 limited partnership, unincorporated association, or corporation applying to be
					 a WIC retail vendor, includes both Above 50% and Regular WIC Vendors.
"Application"
means the application forms and
					 other required materials submitted by a business entity to notify the
					 department that the business entity desires to become a WIC retail
					 vendor.
"Authorization"
means the approval of an
					 applicant who has met the WIC vendor criteria and has accepted a WIC vendor
					 agreement as a WIC retail vendor.
"Business entity"
means the retail business
					 which an applicant or authorized WIC vendor operates at a particular vendor
					 site.
"Commissioner"
means the Commissioner of the
					 Oklahoma State Department of Health or his designee.
"Corporate officer"
means the identity of the
					 officer of a corporation as set forth in its articles of incorporation as filed
					 with the secretary of state wherein such entity is incorporated.
"Department"
means the Oklahoma State
					 Department of Health.
"Department representative"
or
"Representative of the Department"
means an employee or authorized
					 agent of the department.
"Food Benefits"
means an electronic benefits
					 transfer card (EBT) that document the specified supplemental WIC approved foods
					 and the quantities of these foods for a specified period of time that have been
					 prescribed for a WIC participant and is used to obtain supplemental WIC
					 approved foods.
"Grocery store"
means a fixed and permanent
					 retail store whose primary business is the sale of food.
"Local agency"
means a public or private,
					 non-profit health or human services agency which provides health services,
					 either directly or through an agreement, in accordance with the USDA WIC
					 Regulations, or this Subchapter.
"MAR"
means the Maximum Allowable
					 Reimbursement amount for WIC approved foods.
"OAPA"
means the Oklahoma Administrative
					 Procedure Act.
"Oklahoma WIC retail food delivery system"
means the system in which participants obtain WIC approved foods by processing
					 a food benefit at a WIC retail vendor.
"Participant"
means authorized pregnant women,
					 breast-feeding women, postpartum women, infants or children who are receiving
					 supplemental WIC approved foods or food benefits under the WIC Program.
"Participant requested delivery"
means a
					 participant requested delivery of WIC approved foods from a vendor to an
					 address specified by the WIC participant or proxy.
"Participant/vendor ratio"
means the total
					 number of WIC participants in a given region divided by the total number of WIC
					 retail vendors in the same region.
"Peer Group"
means the classification of WIC
					 retail vendors with regards to competitive pricing.
"Pharmacy"
means any store, shop, department,
					 or other place at a fixed and permanent location, where drugs, medicines, or
					 liquid foods prescribed by a physician licensed to practice medicine in all its
					 branches, for an individual are dispensed, or sold or offered for sale at
					 retail value.
"Proxy"
means a person who is authorized by
					 the local agency and the WIC participant to accept and/or redeem food benefits
					 on a participant's behalf.
"Regular WIC Vendor"
means any WIC retail
					 vendor who has not been determined to be an Above 50% WIC Vendor.
"Retail vendor price survey"
means the current
					 prices, reported to the department, by a vendor or a department representative
					 as charges for WIC Approved Foods.
"Store type"
means the classification of WIC
					 retail vendors by their gross retail sales per year. Up to 1.5 million dollars
					 in sales is a type 1 vendor site; 1.5 million to 5 million dollars in sales is
					 a type 2 vendor site; over 5 million dollars in sales is a type 3 vendor site.
					 A commissary is a type 4 vendor site and a pharmacy is a type 5 vendor site. An
					 Above 50% vendor is a type 6 vendor site.
"SNAP"
means the Supplemental Nutrition
					 Assistance Program, formerly "Food Stamp."
"USDA"
means the United States Department of
					 Agriculture.
"USDA WIC regulations"
means the regulations
					 of the United States Department of Agriculture, Food and Nutrition Service,
					 Special Supplemental Food Program for Women, Infants, and Children.
					 7 CFR
					 246 (1990).
"Vendor"
or
"WIC retail vendor"
means the individual, partnership, limited partnership, unincorporated
					 association, or corporation authorized by the department to accept food
					 benefits and to provide supplemental food to WIC participants or proxies of WIC
					 participants, includes both Above 50% and Regular Vendors.
"Vendor number"
means the number assigned to a
					 vendor by the department for tracking food benefit redemptions.
"Vendor site"
means a fixed and permanent
					 location, operating as a business entity, listed in the WIC vendor application,
					 which has been authorized by the department for purposes of delivery of WIC
					 approved foods to WIC participants or the proxy of a WIC participant.
"WIC food list"
means the published list of
					 State of Oklahoma authorized WIC approved foods.
"WIC approved foods"
means those competitively
					 priced foods which have been placed on the WIC food list, which have been
					 determined by the department to be nutritionally qualified for the WIC Program
					 in the state of Oklahoma.
"WIC service director"
means the person
					 responsible for the implementation and administration of the WIC
					 Program.
"WIC vendor agreement"
means an agreement
					 signed by the WIC retail vendor and the department for the provision of WIC
					 approved foods to participants.
"Women, Infants and Children Nutrition
					 Program"
or
"WIC"
means the federal special supplemental
					 food program for women, infants and children authorized by Section 17 of the
					 Child Nutrition Act of 1966, as amended (42 U.S.C.
					 1786).
Added at 16 Ok Reg
					 2505, eff 6-25-99; Amended at 17 Ok Reg 1600, eff 5-25-00; Amended at 22 Ok Reg
					 741, eff 5-12-05; Amended at 25 Ok Reg 870, eff
					 5-11-08