reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-320 - Retailer agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  retailer agreement does not constitute a license or a property right. If an
				  authorized retailer wishes to continue to be authorized beyond the current
				  agreement period, the retailer must reapply for authorization. All retailers
				  must be selected under the current selection and authorization criteria being
				  used by the state agency (
				  7 CFR
				  246.12 ).
B. Authorized retailers shall use a single
				  uniform retailer agreement. The maximum duration of the retailer agreement
				  shall not exceed three years. The duration of the retailer agreement may be for
				  a period that is less than three years, as all agreements expire at the same
				  time; therefore, prorated dates will be used.
C. A fully executed retailer agreement must
				  be signed by both the authorized retailer representative and a WIC program
				  management representative to be enforceable. The state agency shall provide the
				  retailer or its designated contact person a copy of the signed retailer
				  agreement or authorization acknowledgement letter after all selection and
				  authorization requirements have been met.
D. An authorized retailer must have a signed
				  copy of the retailer agreement for any retailer to be paid for a redeemed WIC
				  food instrument.
E. Revisions,
				  amendments, or modifications to the provisions of the retailer agreement shall
				  be made in writing. The retailer agreement shall be automatically amended upon
				  written notice from the state agency if federal or state laws or regulations
				  require amendments.
F. Authorized
				  retailers shall keep a copy of the updated retailer manual, including a copy of
				  the WIC Approved food list, formula flyer, and Cashier Training Guide, at the
				  authorized retailer location.
G. If
				  a retailer appeals an administrative action imposed by the state agency against
				  a retailer and the retailer agreement would otherwise expire during the appeal
				  process, then the state agency shall grant an extension of that retailer's
				  retailer agreement during the pendency of the appeal process. Once an appeal
				  decision has been made, the state agency will proceed with either terminating
				  the existing agreement or issuing a new agreement.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-330 - Adequate participant access

Current through Register Vol. 40, No. 24, July 15, 2024
The state agency shall ensure that adequate participant
					 access exists so that eligible participants may redeem the food instruments
					 issued to them. The state agency has the sole authority to establish adequate
					 participant access criteria, which are described in
					 12VAC5-195-370.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-340 - Competitive pricing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Authorized
				  retailers and applicants shall submit pricing information to the state agency.
				  Item pricing data is obtained from authorized retailers and applicants using
				  prices that have been entered into a WIC-approved Internet-based
				  application.
B. The state agency
				  shall collect pricing information for specific food items at least twice a year
				  (
				  7 CFR
				  246.12 ). Prices may be collected more
				  frequently from authorized retailers for reasons including:
1. A retailer's prices are determined to be
				  noncompetitive;
2. A retailer is
				  designated as a high-risk retailer;
3. An administrative review is being
				  conducted as part of a compliance investigation, onsite monitoring visit,
				  participant access analysis, inventory audit, or post payment analysis;
				  or
4. Other operational
				  considerations that may occur including a change of contract formula company, a
				  change of infant food company, food industry price fluctuations, and
				  manufacturer's price increases for selected WIC-approved products, such as baby
				  foods, contract formula, and infant cereal.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-350 - Price verification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized retailers and applicants must submit prices for all mandatory foods
				  and formulas as defined by the state agency. Once prices have been submitted to
				  the WIC Program, they must remain in effect for at least a 30-day period and
				  are subject to random onsite verification by the state agency. Posted prices
				  that are significantly higher than the prices submitted to the state agency may
				  affect the retailer's or applicant's authorization selection status.
B. A retailer or applicant's submitted price
				  shall be compared by the state agency to other authorized retailer in the same
				  peer group to determine if the prices submitted are competitive. Prices shall
				  be submitted and validated as competitive for specific food items and formulas
				  as specified in the retailer manual.
C. Authorized retailers and applicants shall
				  have a pricing point value that is 40 or higher in order to remain eligible for
				  program authorization.
Description
Price Comparison Range
Pricing Point Value
Best Pricing
Peer Group Average, minus 10% or
								more
100
Highly Competitive
Peer Group Average, minus 5.1 -
								9.9%
80
More Competitive Pricing
Peer Group Pricing Average, plus or minus
								5.0%
60
Competitive
Peer Group Pricing Average, plus 5.1 -
								19.9%
40
Noncompetitive
Peer Group Pricing Average, plus 20% or
								higher
20
D.
				  Authorized retailers whose prices are identified as noncompetitive when
				  compared with other authorized retailers in the same peer group may have their
				  WIC Program authorization terminated unless the state agency determines that
				  inadequate participant access would exist if the retailer's authorization were
				  terminated.
E. Authorized retailers
				  that fail to submit a price for optional food and formula items may have
				  redeemed food instruments selected as ineligible for payment as part of the
				  post-payment review process. The improperly redeemed food instruments may be
				  identified as a retailer claim and may be subject to repayment of the full
				  amount paid for all of the items prescribed on the food instrument.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-360 - Selection decisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				  three years, currently authorized retailers shall reapply for WIC program
				  authorization. Retailers must meet all general requirements for authorization
				  as established in
				  12VAC5-195-300.
B. The state agency shall review the
				  qualifications of retailer applicants before making authorization selection
				  decisions. Mandatory women and infant food and formula items sold at authorized
				  retailers and retailer applicants shall be used for pricing analysis purposes.
				  Authorized retailers and applicants must qualify under the price competitive
				  category of 40 or higher in order to be selected for authorization.
C. If a retailer or applicant is not selected
				  for program authorization, then the retailer may not apply again during the six
				  months after being denied authorization. The state WIC director or designee may
				  grant exceptions to the six month requirement if inadequate participation would
				  exist if the retailer's authorization was not considered.
D. The state agency shall send all authorized
				  retailers and applicants a written notice of their selection status. All
				  retailers and applicants denied WIC Program authorization shall also receive
				  information that explains their right to appeal the state agency's
				  administrative decision.
E. The
				  state agency shall not maintain an applicant waiting list.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-370 - Authorization exception decisions

Current through Register Vol. 40, No. 24, July 15, 2024
The state agency may make authorization exceptions to
					 ensure that adequate access exists based on at least one of the following
					 criteria:
1. Provide reasonable
				  access;
2. Provide safe access due
				  to a physical barrier or impediment including a multilane highway, river,
				  bridge, or physical terrain (i.e., mountains);
3. Provide best pricing or a highly
				  competitive alternative retailer location to eligible participants to purchase
				  WIC-approved foods, when compared to other available retailers located within a
				  given city or county;
4. Promote
				  competition in a trade area previously identified as not having a price
				  competitive authorized retailer location available;
5. Improve customer service or remove an
				  existing service barrier (i.e., language, cultural);
6. Improve WIC customer access because the
				  retailer is within a safe and reasonable walking distance and is located in
				  close proximity to one or several low income housing units where WIC
				  participants reside;
7. The
				  retailer's draw area is broader than the retailer's immediate trade area. The
				  retailer's draw area includes cities and counties that cross geographical
				  boundaries; or
8. Expand access to
				  WIC eligible foods that are purchased by a specific ethnic
				  population.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-390 - Approved food list

Current through Register Vol. 40, No. 24, July 15, 2024
A. A copy
				  of the current Virginia WIC Program's approved food list and formula flyer must
				  be stored at each cash register where WIC transactions are handled. A copy of
				  the approved food list and formula flyer must also be stored in the retailer
				  manual kept onsite at the authorized retailer location.
B. The approved food list shall be used in
				  conjunction with the WIC food instrument to identify foods that are eligible
				  for purchase using WIC food instruments. The food instrument may state a
				  specific food category and quantity available for purchase by program
				  participants at authorized retailers.
C. The formula flyer shall be used in
				  conjunction with the WIC food instrument to identify formula and medical foods
				  that are eligible for purchase using WIC food instruments. The food instrument
				  shall state the specific manufacturer, type, and quantity of formula that must
				  be purchased by program participants.
D. Authorized retailers shall sell
				  WIC-designated brands for food categories identified in the approved food list.
				  Authorized retailers shall use shelf labels approved by the state agency to
				  identify the WIC-designated brands in accordance with the state's shelf label
				  requirement guidelines.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-400

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-410 - Change of ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized retailers shall provide the state agency with advance written notice
				  at least 15 calendar days prior to any change of ownership as outlined in
				  7 CFR
				  246.12.
B. A change of ownership occurs when the
				  principal owner, owners, or corporate officers of the business or corporation
				  are legally or permanently changed.
C. A retailer's authorization shall be
				  terminated by the state agency upon a change of ownership. The rights and
				  obligations established under a signed retailer's agreement with the WIC
				  Program may not be transferred or reassigned by the retailer or corporate owner
				  to any other third party.
D. The
				  new owner or retailer manager of the business or corporation shall apply for
				  WIC Program authorization and submit a new application for evaluation based on
				  the most current retailer selection and authorization criteria.
E. The state agency shall terminate the
				  authorization status of any retailer that has undergone a change of ownership
				  and failed to notify the state agency in accordance with the requirements
				  outlined in the signed retailer agreement.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-420 - Change of location

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized WIC retailers shall provide the state agency with written notice of
				  a retailer's relocation plans within 15 calendar days prior to scheduled move
				  date. Failure to notify the state agency in writing of such actions may result
				  in the state agency taking administrative action, including terminating for
				  cause the retailer's program authorization, unless the state agency determines
				  that inadequate participant access would exist if the authorization were
				  terminated.
B. Relocation of a
				  retailer is defined as:
1. The retailer's
				  physical location changes within the same geographical area or county/city and
				  there is no change in ownership or pricing structure. The retailer must meet
				  one of the following criteria:
a. New
				  retailer location is two miles or less from the former location; or
b. Majority of management and retailer
				  personnel will move to the new location. If the new location is greater than
				  two miles, the WIC Program will evaluate on a case-by-case basis to determine
				  whether the new location is an alternative location and qualifies as a
				  relocation versus a new retailer authorization;
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-430 - Change due to closure

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized retailers shall give the state agency written notice of a retailer's
				  permanent or temporary closure within 15 calendar days before the actual
				  closing date. A temporary closure is defined as a retailer location being
				  closed to the public for more than 15 consecutive calendar days. Retailers
				  closed to the public for any reason greater than 30 consecutive calendar days
				  will have their WIC Program authorization terminated.
B. Failure to notify the state agency in
				  writing of either permanent or temporary closure may result in the state agency
				  taking administrative action, including terminating for cause the retailer's
				  WIC authorization status.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-440 - Voluntary withdrawal

Current through Register Vol. 40, No. 24, July 15, 2024
Authorized retailers shall give the state agency at least
					 15 calendar days written notice if the retailer owner or manager decides to
					 discontinue participation in the Virginia WIC Program.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-450 - Complaints

Current through Register Vol. 40, No. 24, July 15, 2024
A. The state agency
				  shall maintain a system of receiving, documenting and investigating all
				  complaints submitted by retailers, participants, proxies, caretakers, parents,
				  and the general public. On the basis of a written complaint, the state agency
				  may take action against participants and retailers that abuse or misuse program
				  benefits as outlined in the State Plan and retailer manual.
B. The state agency shall forward complaints
				  of both alleged discrimination and civil rights violations to the Secretary of
				  Agriculture as required by 7 CFR Part 246.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-460 - Conflict of interest

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized retailer management shall seek to ensure that no conflict of
				  interest exists between any retailer personnel employed by the retailer and any
				  local, state, or federal WIC agency. The prohibition against conflict of
				  interest applies to retailer employees, retailer owners, or relatives of retail
				  employees or owners who are also employees of a local, state, or federal WIC
				  agency.
B. WIC participants,
				  caretakers, or proxies who are employed at an authorized retailer shall not
				  accept or transact food instruments issued to themselves or relatives as a
				  function of their duties at the retail location. Authorized retailer management
				  shall ensure all retailer employees adhere to this integrity
				  requirement.
C. Authorized retailer
				  management shall notify the state agency in writing when a conflict of interest
				  exists.
D. When an employee of an
				  authorized retailer or an employee's relative is employed by a local, state, or
				  federal WIC agency, the employee shall:
1.
				  Notify retailer ownership or management of his or his relative's
				  employment;
2. Not show favoritism
				  towards any authorized retailer including the retailer where he is
				  employed.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-470 - Incentives

Current through Register Vol. 40, No. 24, July 15, 2024
Authorized retailers may not provide incentives to local
					 agency staff or participants to entice or promote shopping at a specific
					 retailer location, unless approved in writing by the state
					 agency.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-480 - Participant confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Participant information shall remain confidential to ensure compliance with
				  federal regulations and to protect the right to privacy of WIC participants (
				  7 CFR
				  246.26 ).
B. Confidentiality requirements apply to
				  information provided by a participant and that is based on direct observation
				  by retailer personnel. Confidentiality requirements include, but are not
				  limited to:
1. The prohibition of retailers
				  from collecting personal information from WIC participants;
2. Making personal contacts with WIC
				  participants after the WIC transaction has occurred; or
3. Sharing information on participant
				  identification with third parties. Third parties do not include WIC Program
				  state, local and federal agency representatives who have a legitimate business
				  interest in the services provided to participants.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-490 - Retailer confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Background and pricing information collected by the state agency related to
				  evaluating the authorization status of a retailer or collected from food
				  instruments redeemed by an authorized retailer are confidential and may be
				  released only as provided in 7 CFR 246.26.
B. In accordance with federal regulations,
				  7 CFR
				  246.26, confidential retailer information is
				  any information about a retailer, whether it is obtained from the retailer or
				  another source, that individually identifies the retailer, except for the
				  following: retailer name, physical mailing address, telephone number, website,
				  email address, retailer type, and authorization status. All other retailer
				  specific information is restricted from disclosure by the state
				  agency.
C. Upon receiving a written
				  request from a retailer or its parent corporation, the state agency shall only
				  release background and pricing information that has been provided by or that
				  pertains to the requestor. Under no circumstances may the state agency release
				  confidential information about the redemption revenue paid to retailers owned
				  by other corporations.
D.
				  Authorized retailers' peer group designation is confidential and is restricted
				  from disclosure to persons and entities not directly associated with the
				  authorized retailer location.
E.
				  The state agency's inadequate participant access results completed for
				  administrative purposes are considered confidential and not subject to review
				  by the retailer or its agent, since this profile contains information protected
				  by WIC Program regulations. Upon request, a copy of this work document may be
				  released with all confidential information removed. This document in its
				  entirety shall be made available to appropriate governmental bodies that are
				  responsible to ensure that the state agency has fully complied with any
				  mandated WIC Program requirements.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-500 - Sales tax and coupons

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized retailers shall ensure that no sales tax is charged to the WIC
				  Program. Retailer coupons, manufacturercoupons and loyalty card discounts may
				  be used for WIC-approved purchases. When a WIC participant uses a coupon or
				  discount card in conjunction with a food instrument and an item is provided
				  free, then sales tax shall be collected directly from the
				  participant.
B. No sales tax can be
				  applied to the printed value of cash value food benefits. Any tax associated
				  with the dollar amount purchased above the printed value of the cash value food
				  benefit must be collected directly from the participant.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-510 - Solicitation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Authorized
				  retailers shall not:
1. Initiate behavior
				  that may be deemed aggressive or intimidating by a reasonable person in
				  approaching potential WIC participants in order to promote that participant's
				  shop at a specific retailer location; or
2. Use any state or local agency facilities
				  and property to post or distribute materials advertising their retailer
				  location.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-520 - Training and education

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Training of applicants or authorized retailers may be conducted by state agency
				  staff. The state agency may also delegate authority to trained individuals who
				  have been certified as corporate trainers. Certified corporate trainers shall
				  attend mandatory WIC training as required in order to remain
				  certified.
B. The state agency
				  shall provide mandatory annual training for previously authorized retailers.
				  The annual training requirement may be met by the previously authorized
				  retailers:
1. Submitting a newsletter
				  training acknowledgement form;
2.
				  Successfully completing an agency-sponsored Internet training course offered by
				  the WIC Program; or
3. Attending an
				  approved instructor-led, interactive training class.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-530 - Use of acronym and logo

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Authorized retailers shall post a state-issued "WIC Accepted Here" window decal
				  in the retailer's front entrance or in a conspicuously visible location that
				  identifies to the general public that the retailer location participates in the
				  WIC Program. Authorized retailers may use alternative signage if approved by
				  the state agency prior to being used.
B. Retailers, food manufacturers,
				  distributors and suppliers shall receive written approval from the state agency
				  prior to producing or distributing window decals, channel strips, shelf
				  talkers, or other promotional items that use either the WIC acronym or logo.
				  Retailers that elect to use point-of-sale channel strips, shelf labels, or
				  other promotional materials for a specific food category must ensure that all
				  eligible items are consistently promoted as WIC approved. Retailers are
				  prohibited from promoting a specific manufacturer's product over another
				  eligible WIC-approved product within the same food category (USDA Memo SFP
				  09-020).
C. Retailers or applicants
				  shall not use either the acronym "WIC," "W.I.C." or the WIC logo, including
				  close facsimiles thereof, in total or in part, either in their official name in
				  which the retailer is registered or in the name under which it does business,
				  if different (USDA Memo SFP 09-020).
D. Retailers, food manufacturers,
				  distributors and suppliers shall not use the WIC acronym or logo in the
				  packaging of their products. Retailers, food manufacturers, distributors and
				  suppliers shall receive written approval from the state agency before using
				  either the WIC acronym or logo for any business or public relations purpose
				  (USDA Memo SFP 09-020).
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-540 - Retailer manual for the Virginia WIC Program

Current through Register Vol. 40, No. 24, July 15, 2024
Periodically, individual sections of the retailer manual
					 may be updated to reflect federally mandated regulatory changes and other WIC
					 Program requirements. The most current version of the retailer manual is
					 located on the state agency's website, which retailers must access to obtain
					 updated copies of procedures and forms.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-550 - High-risk retailers

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  high-risk retailer is a retailer who has a high probability of committing a
				  vendor violation due to meeting specific high-risk indicators. The state agency
				  shall classify each authorized retailer as either high-risk, probationary, or
				  non-high-risk.
B. The state agency
				  will identify high-risk retailers at least once a year using criteria developed
				  by FNS or other FNS-approved, statistically-based criteria developed by the
				  state agency.
C. Any retailer
				  receiving a WIC program civil monetary penalty and that is being retained in
				  lieu of disqualification may be designated as high-risk.
D. Retailers are designated high-risk for a
				  minimum one-year period and will have their status periodically evaluated by
				  the state agency. Retailers found to meet high-risk indicators during the
				  course of a year after the state conducts its annual high-risk vendor analysis
				  may be identified as high-risk at the discretion of the state agency.
				  Authorized retailers designated as high-risk may be selected for more frequent
				  onsite and covert monitoring investigations.
E. If a retailer is retained in lieu of
				  disqualification, a written assurance letter must be submitted to the state
				  agency within 30 calendar days after being notified of this requirement or
				  another mutually agreed upon timeframe made in writing. The retailer's
				  assurance letter must detail the actions the retailer will take to improve
				  performance.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-560 - Non-high-risk retailers

Current through Register Vol. 40, No. 24, July 15, 2024
Authorized retailers that have participated in the WIC
					 Program for more than one continuous year and have demonstrated an acceptable
					 level of compliance in meeting program requirements are considered
					 non-high-risk retailers.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-570 - Probationary retailers

Current through Register Vol. 40, No. 24, July 15, 2024
Newly authorized retailers with less than one year of
					 continuous program authorization shall be designated as a probationary
					 retailer. During a probationary retailer's first year, the retailer will be
					 more frequently monitored through both unannounced and onsite monitoring
					 visits, as well as being selected for at least one compliance
					 investigation.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-580 - Performance and administrative monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applicants must successfully pass an
				  unannounced stocking visit prior to being authorized. Applicants shall receive
				  a written letter from the state agency advising them that their retailer has
				  been selected for further authorization consideration, which will include an
				  unannounced stocking visit. The applicant shall receive a copy of the minimum
				  stocking requirement and the letter shall identify the consequences of failing
				  to meet this program standard.
B.
				  The state agency shall monitor authorized retailers' performance throughout the
				  contract period in order to ensure the best qualified retailers are authorized.
				  The type and level of monitoring conducted by the state agency shall depend
				  upon the retailer's authorization status. Trained local agency staff, state
				  agency staff, and other specially trained contractors may conduct onsite visits
				  to ensure compliance with minimum stocking requirements and administrative
				  program requirements. Retailers designated as high-risk retailers and
				  probationary retailers are more likely to be selected for unannounced
				  monitoring visits by the WIC Program.
C. Authorized retailers that fail to
				  consistently comply with any of the general requirements and conditions for
				  authorization may be terminated. The state agency shall monitor:
1. Prices charged for WIC-approved foods and
				  formula;
2. Level of compliance
				  with program requirements;
3. Use
				  of approved wholesalers and suppliers for purchasing WIC-approved foods and
				  formulas; and
4. Compliance with
				  retaining purchasing records for WIC-approved foods and formulas.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-590 - Reimbursement and payments

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				  each processed food instrument, the state agency shall do one of the following:
1. Pay as submitted;
2. Make a price adjustment, if applicable;
				  or
3. Deny payment of the redeemed
				  food instrument.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-600 - Sanctions and administrative actions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each federal fiscal year, the state agency
				  shall conduct compliance investigations on a minimum of 5.0% of authorized
				  retailers (
				  7 CFR
				  246.12 ), including completing investigations
				  of all high-risk retailers, all probationary retailers, and select
				  non-high-risk retailers. The state agency will conduct at least two compliance
				  buys at each retailer selected for an investigation.
B. The state agency shall provide written
				  notification to the authorized retailer of the investigation results, including
				  the retailer's violation of any statutes or regulations governing its
				  participation in the WIC Program. Once an investigation has been closed,
				  retailers with documented violations shall receive a final written report of
				  the agency's findings. The final report will identify what administrative
				  action shall be taken by the state agency against the authorized
				  retailer.
C. Violations shall be
				  categorized as either state agency or federally mandated. For federally
				  mandated violations, a pattern consisting of four documented incidents of the
				  same violation must occur during a single investigation unless a pattern
				  requirement is not required by federal regulations.
D. For federally mandated violations
				  including overcharge, fraud, trafficking in food instruments, selling firearms,
				  ammunition, explosives, controlled substances, alcohol or alcoholic beverages,
				  or tobacco products, the state agency may not provide the retailer with prior
				  written notice that violations were documented before imposing administrative
				  sanctions. This notification decision will be made on a case-by-case basis,
				  depending on the type of federally mandated violation documented and if it is
				  determined that notification would compromise the investigation.
E. The type of documented violation dictates
				  the administrative action taken including:
1.
				  Provision of a written warning;
2.
				  Imposition of a technical penalty fine;
3. Assessment of a civil monetary penalty
				  (CMP) in lieu of disqualification; or
4. Disqualification of an authorized
				  retailer.
The total period of disqualification imposed for state
					 agency violations identified as part of a single investigation may not exceed
					 one year. The state agency reserves the right to waive a disqualification
					 requirement if the state agency determines that inadequate participant access
					 would exist if the authorization were terminated.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-610 - Participant access

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  taking disqualification actions against an authorized retailer, the state
				  agency shall complete a participant access assessment (
				  7 CFR
				  246.12 ). This type of assessment is
				  completed for denied authorizations if an informal settlement meeting or full
				  administrative review is requested by a retailer applicant. Participant
				  convenience is not a valid consideration for the state agencies in making any
				  adequate access decisions.
B.
				  Participant access will be a factor considered by the state agency in deciding
				  if a retailer shall be assessed a civil monetary penalty in lieu of
				  disqualification or when a retailer applicant is eligible as an authorization
				  exception.
C. The state agency
				  shall use the same criteria established for making authorization exceptions in
				  deciding if adequate participant access exists.
D. The participant access analysis completed
				  by the state agency contains confidential information. A copy of this internal
				  work document shall not be given to retailers or their
				  representatives.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-620 - Participant impact

Current through Register Vol. 40, No. 24, July 15, 2024
Participant impact may be an additional factor considered
					 by the state agency in deciding if a retailer shall be assessed a civil
					 monetary penalty in lieu of disqualification. For retailers whose average
					 number of unique participants is deemed high may be retained in lieu of
					 disqualification. The state agency will take into consideration customer
					 service impact and competitive pricing issues in making any administrative
					 exception decisions.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-630 - Retained in lieu of disqualification

Current through Register Vol. 40, No. 24, July 15, 2024
A. An authorized retailer with documented
				  administrative findings that warrant WIC Program disqualification actions may
				  be retained in lieu of disqualification if the state agency determines that
				  inadequate participant access would exist. The state agency will evaluate the
				  impact on participants and the preventive procedures the retailer intends to
				  take in order to decide if the retailer will be allowed to pay a civil monetary
				  penalty rather than being disqualified.
B. The state agency shall notify the
				  authorized retailer in writing if it will be retained in lieu of
				  disqualification and the civil monetary penalty that has been assessed (
				  7 CFR
				  246.12 ).
C. If a retailer fails to pay a civil
				  monetary penalty that has been assessed, the state agency shall disqualify the
				  retailer for a period equal to the sanction for which the civil monetary
				  penalty was originally assessed.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-640 - Civil monetary penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A civil monetary penalty (CMP) may be assessed for documented state agency and
				  federally mandated violations (
				  7 CFR
				  246.12 ).
B. The state agency uses a federally mandated
				  formula to calculate both state and federally mandated CMPs that are assessed.
				  The maximum civil monetary penalty assessed shall comply with federal
				  requirements as outlined in
				  7 CFR
				  246.12. The state agency cannot make any
				  reductions to the maximum CMP amount due for federally mandated violations
				  because this formula is defined in federal regulations.
C. The same formula shall be used to
				  calculate the civil monetary penalty for retailers retained in lieu of
				  disqualification due to documented state agency sanctions. For state agency
				  violations only, the state WIC director or the director's designee has the
				  authority to reduce or waive the penalty amount being assessed against the
				  retailer. The state agency must document in its records the specific factors
				  supporting this administrative decision.
D. A CMP may be paid in a lump sum or through
				  an agreed upon installment plan. Failure of the authorized retailer to pay any
				  scheduled installments in a timely manner shall lead to the retailer's
				  disqualification for the original disqualification period.
E. Payments shall be made by certified check,
				  cashier check, or money order. Payments shall be made out to the Virginia WIC
				  Program and mailed to the address identified on the penalty fine
				  statement.
F. The state agency
				  shall process all past due obligations including administrative fines, retailer
				  claims, civil monetary penalties, or overcharge repayments assessed against
				  authorized retailers in accordance with the Office of the Comptroller's
				  Policies and Procedures, Section Number 205000 (Accounts Receivable), dated
				  August 2018. The state agency shall also process all past due financial
				  obligations in accordance with the Virginia Debt Collection Act (§
										2.2-4800
				  et seq. of the Code of Virginia).
G. The state agency shall notify the
				  Supplemental Nutrition Assistance Program in writing within 15 calendar days
				  after assessing a CMP against an authorized retailer being retained in lieu of
				  disqualification.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-650 - Disqualification administrative actions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Voluntary withdrawal or nonrenewal in lieu
				  of disqualification is not permitted for documented mandatory federal
				  violations. The state agency may only allow voluntary withdrawal or nonrenewal
				  for state agency sanctions.
B. The
				  state agency shall disqualify an authorized retailer for any of the following
				  reasons:
1. Failure to comply with general
				  requirements and conditions as established in the retailer agreement;
2. Failure to meet program requirements as
				  documented during the compliance investigation process;
3. Reciprocal administrative action due to
				  the retailer being disqualified from the Supplemental Nutrition Assistance
				  Program;
4. Failure to pay a CMP or
				  retailer claim within 20 calendar days after it is due or failure to pay an
				  installment plan payment when due;
5. Provision of false, incomplete,
				  inaccurate, or misleading information that affects the retailer's selection
				  status;
6. Repeated failure to
				  maintain the minimum stocking requirement; or
7. Failure to take documented remedial
				  corrective actions.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-660 - Informal settlement meetings

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  If an authorized retailer is being considered for possible adverse action,
				  including but not limited to authorization denial and program disqualification,
				  the state agency shall offer an optional informal settlement meeting with
				  retailer management prior to taking administrative action. The state WIC
				  director or designee shall be in attendance. The purpose of the informal
				  settlement meeting is to:
1. Identify areas
				  of noncompliance;
2. Provide a
				  forum for the retailer to submit information about the impact of the adverse
				  action on WIC participants;
3.
				  Review criteria for authorization exception decisions pursuant to
				  12VAC5-195-370;
4. Review the inadequate participant access
				  results, if applicable;
5. Review
				  the civil monetary penalty for retailers being retained in lieu of
				  disqualification, if applicable; and
6. Provide information to the retailer
				  regarding its appeal rights, if applicable.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Form - FORMS (12VAC5-195)

Current through Register Vol. 40, No. 24, July 15, 2024
Food application contact form, an online form available at
http://www.vahealth.org/DCN/Publications/pubswic.htm
.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-195)

Current through Register Vol. 40, No. 24, July 15, 2024
Retailer
					 Manual for the Virginia WIC Program, April 1, 2018, Virginia Department of
					 Health
WIC
					 Approved Food Food List, April 1, 2018, Virginia Department of
					 Health
Virginia
					 WIC Program's Retailer Agreement, January 2019, Virginia Department of
					 Health
CAPP
					 Manual, Volume 1 - Policies and Procedures, Section No. 20500 - Accounts
					 Receivable, Cardinal, August 2018, Office of the Comptroller, Commonwealth of
					 Virginia
Virginia
					 WIC Program - Sanction Violation Schedule, May 1, 2017, Virginia Department of
					 Health
USDA
					 Memo - SFP 09-020 Clarification on Use of the WIC Acronym and Logo, January 9,
					 2009, United States Department of Agriculture, Food and Nutrition
					 Service.
Virginia
					 WIC Program Infant Formula Flyer, February 2018, Virginia Department of
					 Health
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.