Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1101 - GENERAL PROVISIONS › Section 1101.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Above-50-percent-store
-A store that derives
				  more than 50% of its annual food sales revenue from WIC checks, and a new store
				  applicant expected to meet this criterion under guidelines approved by
				  USDA-FNS.
Allowable foods
-Foods and infant formula on
				  the WIC food list. These products meet nutritional standards established by the
				  USDA-FNS and are authorized by the Department for purchase with WIC
				  checks.
Applicant
-An individual applying to become
				  a participant.
Authorization
-The grant of authority to a
				  store to serve as a WIC authorized store.
Authorized representative
-
(i) For an applicant or participant, a parent
				or guardian of an applicant or participant who is an infant or child, a proxy
				or endorser, or an individual designated to represent the applicant or
				participant in administrative proceedings involving the WIC Program.
(ii) For a store, an individual designated by
				the store to represent it in administrative proceedings involving the WIC
				Program.
(iii) For a compliance buy
				or WIC transaction review, the person conducting the compliance buy or WIC
				transaction review.
Breastfeeding woman
-A woman, during 1 year
				  postpartum, who is breastfeeding her infant.
Certification
-The Department's acceptance
				  of an applicant to participate in the WIC Program as a participant.
Child
-A person 1 year of age or older but
				  under 5 years of age.
Claim
-A demand for reimbursement of an
				  overcharge or other improper charge to the WIC Program as a result of a store
				  violation.
Clinic
-A facility where applicants apply
				  for and participants receive WIC Program services other than food
				  benefits.
Competitive price
-The price established by
				  the Department, at or below which a store shall maintain the required minimum
				  inventory.
Compliance buy
-A covert purchase at a WIC
				  authorized store, with a WIC check, conducted to enable the Department to
				  evaluate adherence by a WIC authorized store with this part governing the
				  store's participation in the WIC Program.
Compliance investigation
-A series of at
				  least two compliance buys conducted at the same WIC authorized store.
Competent professional authority
-
(i) An individual on the staff of the local
				agency authorized to determine nutritional risk and prescribe supplemental
				foods. The following persons are the only persons the Department will authorize
				to serve as a competent professional authority: physicians, nutritionists
				(Bachelor's or Master's Degree in Nutritional Sciences, Community Nutrition,
				Clinical Nutrition, Dietetics, Public Health Nutrition or Home Economics with
				emphasis on nutrition), dieticians, registered nurses, physician's assistants
				(certified by the National Committee on Certification of Physician's Assistants
				or certified by the State medical certifying authority), or State or local
				medically trained health officials.
(ii) The term also applies to an individual
				who is not on staff at the local agency but who is qualified to provide data
				upon which nutritional risk determinations are made by a competent professional
				authority on staff of the local agency.
Contract brand
-The specific manufacturer
				  brand of an allowable food that the Department is contractually bound to
				  prescribe for participants.
Department
-The Department of Health of the
				  Commonwealth.
Disqualification
-
(i) For the purposes of this chapter and
				1103, 1105, 1107, 1109 and 1113, the term means the action by the Department to
				end participation of a WIC authorized store in the WIC Program for reasons of
				fraud, abuse or other violations of this part governing the store's
				participation in the WIC Program.
(ii) For purposes of Chapter 1111 (relating
				to applicant and participant appeals), the term means action by the Department
				or local agency to end participation of a participant who no longer meets the
				qualifications necessary to participate in the WIC Program or for reasons of
				fraud, abuse or violation of standards governing the participant's enrollment
				in the WIC Program.
Division of WIC
-Division of WIC in the
				  Department.
Endorser
-The parent or guardian of an
				  infant or child participant who is authorized to use and sign the WIC checks of
				  the infant or child for purchase of allowable foods.
Filing date
-The date on which the local
				  agency or the Department receives an appeal.
Food items
-Items sold for human consumption
				  that are eligible for purchase under the Food Stamp Program.
Food prescription
-A designation by a
				  competent professional authority of allowable foods in specified quantities to
				  meet a participant's nutritional needs based upon a determination of
				  nutritional risk.
Food sales
-
(i) Sales of all Food Stamp Program eligible
				foods intended for home preparation and consumption, including meat, fish, and
				poultry; bread and cereal products; dairy products; fruits and
				vegetables.
(ii) Food items such as
				condiments and spices, coffee, tea, cocoa and carbonated and noncarbonated
				drinks may be included in food sales when offered for sale along with foods in
				the categories identified in this definition.
(iii) The term does not include the sale of
				any item that cannot be purchased with food stamp benefits, such as hot foods
				or food that will be eaten in the store.
Food Stamp Program
-The government benefits
				  program operated under the authority of the Food Stamp Act of 1964 (7 U.S.C.
				  Chapter 51) and 55 Pa. Code Part II, Subpart L (relating to Food Stamp
				  Program), and administered by the USDA-FNS and the Department of Public
				  Welfare.
Full line grocery store
-A store
				  that:
(1) Offers for sale, in addition
				to WIC authorized foods, food items from each of the following four food
				categories on a continuous basis:
(i) Meat,
				poultry or fish.
(ii) Bread or
				cereal.
(iii) Vegetables or
				fruits.
(iv) Dairy.