North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 43 - PERSONAL HEALTH › Subchapter D - WIC/NUTRITION › Section .0700 - WIC PROGRAM FOOD DELIVERY SYSTEM › Section 43D .0708 - AUTHORIZED VENDORS

Current through Register Vol. 39, No. 2, July 15, 2024
By signing the WIC Vendor Agreement, the vendor agrees
					 to:
(1) Process WIC Program food
				  benefits in accordance with the terms of the WIC Vendor Agreement and
				  42 U.S.C.
				  1786,
				  7 C.F.R. 246.1-246.28, and the
				  rules of this Subchapter;
(2)
				  Accept WIC Program food benefits in exchange for WIC supplemental foods.
				  Supplemental foods are those foods that satisfy the requirements of
				  10A NCAC
				  43D .0501;
(3) Provide to the WIC customer only the
				  approved supplemental foods, fruits, and vegetables contained in the authorized
				  product list (APL) after it has been determined that the WIC customer has an
				  available balance on the date of the transaction. The WIC customer is not
				  required to get all of the supplemental foods listed on his or her food benefit
				  balance. However, a WIC customer may obtain more fruits and vegetables than the
				  full dollar value of his or her cash-value benefit if the WIC customer pays the
				  difference, as set forth in 7
				  C.F.R.
				  246.12(h)(3)(xi);
(4) Transmit only the current shelf price of
				  all WIC-approved supplemental foods purchased in the correct sizes, quantities,
				  and the total dollar amount of all WIC-approved supplemental foods purchased in
				  the EBT system and shall not charge or collect sales taxes for the supplemental
				  food provided;
(5) Charge no more
				  for supplemental food provided to a WIC customer than to a non-WIC customer or
				  no more than the current shelf price, whichever is less;
(6) Accept payment from the State WIC Program
				  only up to the maximum price set by the State agency for each supplemental food
				  within that vendor's peer group. The maximum price for each supplemental food
				  shall be based on the maximum prices set by the State agency for each
				  supplemental food, as described in Sub-item (4)(a) of Rule .0707 of this
				  Section. A request for payment submitted over the maximum price allowed by the
				  State agency will only be paid up to the maximum price for that supplemental
				  food;
(7) Accept payment from the
				  State WIC Program only up to the full dollar value of the cash-value
				  benefit;
(8) Not charge the State
				  WIC Program more than the maximum price set by the State agency under Item
				  (4)(a) of Rule .0707 of this Section for each supplemental food within the
				  vendor's peer group;
(9) Provide to
				  WIC customers infant formula, exempt infant formula, and WIC eligible
				  nutritionals purchased only from the sources specified in Item (3) of Rule
				  .0707 of this Section. Providing infant formula, exempt infant formula, or WIC
				  eligible nutritionals that has not been purchased from the sources specified in
				  Item (3) of Rule .0707 of this Section shall result in termination of the WIC
				  Vendor Agreement;
(10) For
				  free-standing pharmacies, provide only exempt infant formula and WIC-eligible
				  nutritionals;
(11) Excluding
				  free-standing pharmacies, redeem at least two thousand dollars ($2,000)
				  annually in WIC supplemental food sales. Failure to redeem at least two
				  thousand dollars ($2,000) annually in WIC supplemental food sales shall result
				  in termination of the WIC Vendor Agreement. The store shall wait 180 days to
				  reapply for authorization;
(12)
				  Ensure that a personal identification number (PIN) is used by the WIC customer
				  to complete the EBT transaction in lieu of a signature;
(13) Ensure that the WIC customer enters the
				  PIN to initiate the EBT transaction. The vendor shall not enter the PIN for the
				  WIC customer;
(14) Not transact
				  food benefits in whole or in part for cash, credit, unauthorized foods, or
				  non-food items;
(15) Not provide
				  refunds or permit exchanges for authorized supplemental foods obtained with
				  food benefits, except for exchanges of an identical authorized supplemental
				  food when the original authorized supplemental food is defective, spoiled, or
				  has exceeded its "sell by," "best if used by," or other date limiting the sale
				  or use of the food. An "identical authorized supplemental food" means the exact
				  brand, type and size as the original authorized supplemental food obtained and
				  returned by the WIC customer;
(16)
				  Notify the local WIC agency of misuse (attempted or actual) of WIC Program food
				  benefits;
(17) Maintain a minimum
				  inventory of supplemental foods in the store for purchase. Supplemental foods
				  that are outside of the manufacturer's expiration date do not count towards
				  meeting the minimum inventory requirement. Free-standing pharmacies are not
				  required to maintain a minimum inventory of supplemental foods. The following
				  items and sizes constitute the minimum inventory of supplemental foods for
				  vendors:
Food Item
Type of Inventory
Quantities Required
Milk
Whole fluid: gallon
-and-
Skim/lowfat fluid: gallon
2 gallons
6 gallons
Cheese
1 pound package
2 packages
Cereals
2 types: whole grain
(minimum package size 12 ounce)
6 packages total
Eggs
Grade A, large, white:
1 dozen size carton
2 dozen
Juices
Single strength:
48 ounce container
64 ounce container
4 containers
4 containers
Dried Peas and Beans
1 pound package
2 packages
Peanut Butter
16 to 18 ounce container
2 containers
Tuna
5 to 6 ounce can
6 cans
Bread/Tortillas
16 ounce loaf of bread or package of
								tortillas
2 loaves or 2 packages OR 1 loaf and 1
								package
Rice
14 to 16 ounce package
2 packages
Infant Cereal
8 ounce box
6 boxes
Infant Fruits and Vegetables
3.5 to 4 ounce container
1 type of fruit and 1 type of vegetable
64 ounces
Infant Formula
milk-based powder; 11.0 to 14.0 ounce
-and-
soy-based powder; 11.0 to 14.0 ounce
Brands must be the primary contract infant
								formulas
8 cans
4 cans
Fruits
14 to 16 ounce can: 2 varieties
10 cans total
Vegetables
(Excludes foods in Dried Peas and Beans
								category)
14 to 16 ounce can: 2 varieties
10 cans total
All vendors, except free-standing pharmacies, shall supply
					 milk or soy-based infant formula in 32 ounce ready-to-feed or powder within 48
					 hours of request by the State or local WIC agency. Free-standing pharmacies
					 shall only supply exempt infant formula or WIC-eligible nutritionals.
					 Free-standing pharmacies shall supply exempt infant formula or WIC-eligible
					 nutritionals within 48 hours of a request;
(18) Ensure that all supplemental foods in
				  the store for purchase are within the manufacturer's expiration date;
(19) Permit the purchase of supplemental food
				  without requiring other purchases;
(20) Comply with the following EBT
				  provisions:
(a) Sign the WIC Vendor Agreement
				  of the EBT Processor selected by the State WIC Program or a third-party
				  processor that has been certified according to criteria established by the EBT
				  Processor selected by the State WIC Program. Failure by a vendor to sign and
				  retain a WIC Vendor Agreement with the State WIC Program's EBT Processor or a
				  third-party processor that has been certified by the State WIC Program's EBT
				  Processor shall result in termination of the WIC Vendor Agreement. Vendors
				  shall notify the WIC Program within 24 hours of any periods of time during
				  which they do not maintain an Agreement with the State WIC Program's EBT
				  Processor or a third-party processor that has been certified by the State WIC
				  Program's EBT Processor;
(b)
				  Process EBT transactions in accordance with the terms of the North Carolina WIC
				  Vendor Agreement, WIC Program State Rules, federal regulations, and
				  statutes;
(c) Maintain Point of
				  Sale (POS) terminals used to support the WIC Program in accordance with the
				  minimum lane provisions of 7
				  C.F.R.
				  246.12(z)(2);
(d) Maintain a North Carolina EBT Processor
				  certified in-store EBT system that is available for WIC redemption processing
				  during all hours the store is open;
(e) Request the North Carolina EBT Processor
				  re-certify its in-store system if the vendor alters or revises the system in
				  any manner that impacts the EBT redemption or claims processing system after
				  initial certification is completed;
(f) For vendors with integrated systems,
				  obtain EBT card readers to support EBT transactions within their store(s). The
				  vendor shall ensure that the EBT card readers they obtain meets all EBT and
				  North Carolina EBT Processor requirements;
(g) Require an owner, manager, or other
				  authorized store representative to complete training on WIC EBT procedures. The
				  vendor shall ensure that all cashiers and staff are trained on WIC EBT
				  requirements, including training in the acceptance and processing of WIC EBT
				  transactions;
(h) Require the WIC
				  customer to approve the WIC transaction. Vendors shall ensure that the vendor's
				  staff does not approve the WIC transactions for WIC customers under any
				  circumstances;
(i) Release
				  supplemental food to WIC customers when the transaction has been completed to
				  include receipt of transaction approval by the EBT processing system, printing
				  of the receipt, and updated balance of the WIC customer's account;
(j) Scan or manually enter Universal Product
				  Codes (UPC) only from approved supplemental foods being purchased by the WIC
				  customer in the types, sizes, and quantities available on the WIC customer's
				  EBT account. The vendor shall not scan codes from UPC codebooks or reference
				  sheets;
(k) Return any EBT card
				  found on the vendor's property and unclaimed for 24 hours to the WIC Program.
				  The vendor shall not hold or use a WIC customer's EBT card and PIN for any
				  purpose whatsoever;
(l) Connect the
				  vendor's in-store system for each outlet covered by the WIC Vendor agreement to
				  the State's WIC EBT system at least once each 24-hour period to download
				  reconciliation files and the WIC Authorized Product UPC/Product Look-Up (PLU)
				  list.