Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1105 - REQUIREMENTS FOR WIC AUTHORIZED STORES › Section 1105.3 - Terms and conditions of participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General terms and
				conditions.
A WIC authorized store shall adhere to this subsection.
				Failure to do so shall result in the imposition of sanctions under §
									1107.1 (relating to imposition of
				sanctions). A WIC authorized store shall:
(1)
				Adhere to all applicable statutes and State and Federal regulations, regulating
				the WIC Program, including the nondiscrimination provisions of
				7 CFR Parts
				15,
				15a,
				15b and
				246, and this part.
(2) Inform the public of its participation in
				the WIC Program by displaying at least one WIC decal supplied by the Department
				in a place conspicuously visible to the general public.
(3) Be accountable for the actions of owners,
				officers, managers, agents and employees in the handling of WIC checks, the
				selling of allowable foods, and the performance of other conduct related to the
				WIC Program.
(4) Comply with the
				selection criteria in §
										1103.4 (relating to selection
				criteria for authorization and reauthorization) throughout the authorization
				period.
(5) Provide orientation and
				training to employees regarding applicable regulations governing the WIC
				Program.
(6) Maintain a copy of the
				current WIC food list at each check-out aisle.
(7) Send at least one representative who is
				responsible for training store personnel on the WIC Program to WIC Program
				training annually, or more often if required by the Department under §
										1105.1(c)
				(relating to training).
(8)
				Immediately notify the Department when store ownership changes, when store
				operations cease on a permanent or temporary basis, or when any other
				circumstance impacting service to participants occurs.
(9) Allow Federal, State, Department and
				local agency representatives who are involved in monitoring the store's
				compliance with statutes and regulations governing the WIC Program, to visit
				the store to observe its procedures for accepting and handling WIC checks and
				to conduct announced or unannounced onsite reviews to determine compliance with
				applicable Federal and State regulations.
(10) Provide Federal, State, Department and
				local agency representatives who are involved in monitoring the store's
				compliance with statutes and regulations governing the WIC Program, access to
				all WIC checks accepted by the store and on its premises at the time of an
				onsite review.
(11) Provide
				Federal, State, Department and local agency representatives who are involved in
				monitoring the store's compliance with statutes and regulations governing the
				WIC Program, access, which includes providing copies if requested by the
				Department, to purchase records used for Federal tax reporting purposes and
				other records as requested to determine compliance with WIC Program
				requirements.
(12) Agree that
				authorization does not constitute a license or a property interest, that the
				store must reapply for authorization in accordance with §
										1103.1(c) 
				(relating to authorization and reauthorization process and requirements), and
				that neither the Department nor the WIC authorized store has an obligation to
				renew the store's authorization to participate in the WIC Program.
(13) Agree that the store's authorization to
				participate in the WIC Program shall become void when ownership of the store
				changes.
(14) Display the current
				shelf price of each allowable food either on the allowable food, on the shelf
				immediately above or below the allowable food, or prominently on an allowable
				food price list easily located by participants and clearly visible to
				them.
(15) Not transfer or assign
				its WIC authorization or reauthorization to another person or entity.
(16) Maintain purchase records and records
				used for Federal tax reporting purposes for allowable foods for a minimum of 2
				years.
(17) Purchase infant formula
				for resale to WIC participants only from Department authorized infant formula
				manufacturers, wholesalers, distributors or retailers. Information on where to
				obtain the list will be published by the Department in the
Pennsylvania
				Bulletin
simultaneously with the initial publishing of this
				subsection.
(18) Provide the
				Department, within 20 calendar days of the store's receipt of a written notice
				from the Department requesting the additional information, any information the
				Department has requested necessary to determine whether the store qualifies as
				an above-50-percent-store. This paragraph does not apply to stores solely owned
				or operated by nonprofit entities.