Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1103 - AUTHORIZATION OF STORES › Section 1103.4 - Selection criteria for authorization and reauthorization

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will use the following selection criteria to
				  identify stores that meet the operational criteria to serve as a WIC authorized
				  store:
(1) The store shall be located
				within this Commonwealth.
(2) A
				store seeking reauthorization shall serve at least 25 participants per month.
				The Department will deny reauthorization if the store is not serving 25
				participants per month in the most recent month for which the Department has
				participant data at the time the onsite review for reauthorization is
				conducted.
(3) The store shall have
				allowable foods properly stored and refrigerated.
(4) The store may not have stale-dated
				allowable foods on its sales floor.
(5) The store shall at all times have
				available on the premises the minimum inventory of allowable foods as
				established by the Department under §
									1103.5 (relating to minimum
				inventory) at shelf prices that are equal to or less than the competitive
				prices applicable to the store's peer group for those foods. On a quarterly
				basis, the Department will publish in the
Pennsylvania
				Bulletin
and mail to all WIC authorized stores, the competitive prices
				and maximum allowable prices applicable to all peer groups for allowable foods
				for the next quarter.
(6) The store
				shall be open for business and able to serve participants at least 8 hours per
				day, 6 days per week.
(7) The store
				shall be sanitary. There may not be unremoved rubbish, vermin, or general lack
				of cleanliness.
(8) The store shall
				operate as a full line grocery store in a permanent fixed location where
				participants may purchase allowable foods with their WIC checks.
(9) If the store has been denied
				authorization or reauthorization within the past 12 months, the store must be
				eligible to apply for authorization under §
									1103.1(b) or (c)
				or §
									1103.3(b)(2)
				(relating to authorization and reauthorization process and requirements; and
				temporary authorization).
(10) The
				store may not be currently disqualified from participation in the Food Stamp
				Program or have been assessed a civil money penalty in lieu of a
				disqualification from the Food Stamp Program that, had it been imposed, would
				not yet have expired.
(11) The
				store may not be currently disqualified from the WIC Program.
(12) The store shall have implemented all
				required corrective actions resulting from monitoring by the Department,
				including reimbursement of any overcharges or overpayments, and shall be in
				compliance with the applicable Federal and State regulations.
(13) None of the store's current owners,
				officers, or managers shall have been convicted of or had a civil judgment
				entered against them for conduct demonstrating a lack of business
				integrity.
(14) The store will not
				qualify or will not be expected to qualify as an above-50-percent-store. This
				paragraph does not apply to stores solely owned or operated by nonprofit
				entities.
(15) The store shall meet
				the minimum information technology requirements set by the Department. The
				Department will publish in the
Pennsylvania Bulletin
and mail
				to all WIC authorized stores, by September 15 of each year, the minimum
				technology requirements applicable for the following calendar year. This
				paragraph does not apply to stores authorized prior to September 12, 2009, and
				maintaining an uninterrupted authorized status.
The provisions of this §
											1103.4 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
This section cited in 28 Pa. Code §
											1101.2 (relating to definitions);
					 28 Pa. Code §
											1103.1 (relating to authorization
					 and reauthorization process and requirements); 28 Pa. Code §
											1103.2 (relating to probationary
					 authorization); 28 Pa. Code §
											1103.3 (relating to temporary
					 authorization); 28 Pa. Code §
											1103.7 (relating to inadequate
					 participant access); 28 Pa. Code §
											1105.3 (relating to terms and
					 conditions of participation); and 28 Pa. Code §
											1107.1a (relating to
					 disqualifications).