Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Section 333-054-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "A50" means an
			 authorized vendor or applicant that derives, or is expected to derive, more
			 than 50 percent of its total annual food sales from WIC food sales. The total
			 food sales do not include alcohol, tobacco, lottery or any other non-food
			 item.
(2) "Abbreviated
			 administrative review" means a hearing that is held at the request of a vendor
			 that has been issued an application denial, civil money penalty, civil penalty,
			 or sanction by the Authority. Abbreviated reviews are facilitated by the
			 Authority staff other than the staff person that imposed the sanction. A
			 facilitated discussion is held in order to resolve the imposition of a
			 sanction.
(3) "Adequate participant
			 access" means there are authorized vendors sufficient for participant need
			 using Authority criteria in OAR 333-054-0060.
(4) "Annual Food Sales" means sales of all
			 Supplemental Nutrition Assistance Program (SNAP) eligible foods intended for
			 home preparation and consumption including meat, fish, and poultry; bread and
			 cereal products; dairy products; and fruits and vegetables. Food items such as
			 condiments and spices, coffee, tea, cocoa, and carbonated and non-carbonated
			 drinks may be included in food sales when offered for sale along with foods in
			 the categories identified above. Food sales do not include sales of any items
			 that cannot be purchased with SNAP benefits, such as hot foods or food that
			 will be eaten in the store.
(5)
			 "Applicant" means any person, or person with an interest in the business,
			 making a written request for authorization to participate in the WIC Program,
			 including vendors and farmers that reapply for authorization.
(6) "Authority" means the Oregon Health
			 Authority.
(7) "Authorization"
			 means the process by which the Authority assesses, selects, and enters into
			 agreements with stores and farmers that apply or subsequently reapply to be
			 vendors or authorized farmers.
(8)
			 "Authorized food" means any supplemental foods approved by the Oregon WIC
			 Program and listed on the WIC Authorized Food List or food
			 instrument.
(9) "Authorized
			 shopper" means the participant or any person designated by a participant who
			 has been documented as such to act on the participant's behalf and, in the case
			 of an infant or child, the caretaker or the caretaker's designee. This includes
			 any representative posing as a participant or participant designee as
			 authorized by the Authority.
(10)
			 "CFR" means Code of Federal Regulations.
(11) "CMP" means civil money
			 penalty.
(12) "Cash Value Benefit"
			 or "CVB" means a fixed-dollar benefit on a check, voucher, electronic benefit
			 transfer (EBT) card or other document which is used by an authorized shopper to
			 obtain WIC authorized fruits and vegetables.
(13) "Compliance buy" means a single covert,
			 on-site visit in which an Authority authorized representative poses as an
			 authorized shopper and attempts to transact, or transacts, one or more food
			 instruments.
(14)
			 "Disqualification" means cancelling the WIC program participation of a vendor
			 or farmer, as a punitive action.
(15) "EBT" means Electronic Benefit
			 Transfer.
(16) "Educational buy"
			 means a single, on-site visit used for training purposes in which an Authority
			 authorized representative poses as an authorized shopper, redeems WIC food
			 instruments, and provides the vendor with immediate feedback about compliance
			 with WIC procedures.
(17) "Expired
			 food" means WIC-authorized food or formula that is defective, spoiled, or has
			 exceeded its sell by, best if used by, or other date on the package limiting
			 the sale or use of the food or formula.
(18) "Farmer" means an individual who owns,
			 leases, rents or sharecrops land to grow, cultivate or harvest crops on that
			 land.
(19) "Farmer agreement" means
			 a standard written legal contract between the farmer and the Authority that
			 sets forth responsibilities of the parties.
(20) "FNS" means the Food and Nutrition
			 Service of the U. S. Department of Agriculture.
(21) "Food instrument" or "FI" means a WIC
			 Program electronic benefit transfer (EBT) card which is used to obtain
			 authorized foods.
(22) "Full
			 administrative review" means a formal hearing that is held before an assigned
			 administrative law judge from the state Office of Administrative Hearings in
			 accordance with
			 7 CFR §
									246.18 and ORS chapter 183.
(23) "Incentive item" means a food or
			 non-food item offered free of charge to WIC shoppers, but not other shoppers,
			 or eligibility to receive an item is structured where the majority of those
			 meeting the criteria are WIC shoppers, to motivate them to shop at a particular
			 store. Examples of incentive items include, but are not limited to, cash
			 gifts/prizes in any amount for any reason, lottery tickets, transportation,
			 sales/specials such as a buy-one-get-one free or free additional ounces offer
			 not offered to other shoppers, and other free food or merchandise not offered
			 to other shoppers.
(24) "Inventory
			 audit" means an examination of food invoices or other proofs of vendor
			 purchases to determine whether a vendor has purchased sufficient quantities of
			 authorized foods to support the vendor's claim for reimbursement for such foods
			 from the Authority during a specific period of time.
(25) "Investigation" means a period of
			 review, beginning with the start of an inventory audit or the first compliance
			 buy and closing when the audit has been completed or a sufficient number of
			 compliance buys have been completed to provide evidence of compliance or
			 non-compliance, not to exceed 24 months, to determine a vendor or farmer's
			 compliance with program rules and procedures.
(26) "Local agency" means:
(a) A public or private nonprofit health or
			 human services agency that provides health services, either directly or through
			 contract, in accordance with
			 7 CFR §
										246.5;
(b) An Indian Health Service unit;
(c) An Indian tribe, band or group recognized
			 by the Department of the Interior which operates a health clinic or is provided
			 health services by an Indian Health Service unit; or
(d) An intertribal council or group that is
			 an authorized representative of Indian tribes, bands or groups recognized by
			 the Department of the Interior, which operates a health clinic or is provided
			 health services by an Indian Health Service unit.