Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-680 - Food application process

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  WIC eligible food items that are submitted by retailers, manufacturers, and
				  distributors for WIC participants must be reviewed and approved by the state
				  agency. The food application process does not apply to WIC approved
				  formulas.
B. The state agency shall
				  conduct a review of the approved foods every two years. Food applications shall
				  be accepted and processed during a two-month period.
C. The state agency shall notify prospective
				  manufacturers, suppliers, and distributors when food applications will be
				  accepted by sending them an announcement letter. The state agency shall also
				  post the food application announcement letter on the state agency
				  website.
D. The state agency shall
				  maintain a database with the contact names and companies who previously
				  submitted food applications or expressed an interest in having their products
				  considered for WIC approval. Individuals may request to be added to the
				  database on behalf of manufacturers by completing a food application contact
				  form
http://www.vdh.virginia.gov/livewell/programs/wic/content
				  /retailers/documents/UPCUpdateRequestForm.pdf
.
E. Incomplete food applications or late
				  submissions shall not be eligible for selection and inclusion on the WIC
				  approved food list.
F. The state
				  agency is responsible for evaluating all completed food applications to ensure
				  each product meets both federal and state nutritional and administrative
				  guidelines.
G. After the food
				  application evaluation and selection process has been completed, a new food
				  list will be printed and distributed to local agencies, WIC participants, and
				  retailers by the state agency. The state agency shall pay all costs associated
				  with producing, printing, and distributing the WIC approved food list. Funds
				  from manufacturers, suppliers, distributors, or other sources shall not be used
				  to reprint the approved food list.
H. If a manufacturer, supplier, or
				  distributor changes the name of an approved product whose trade name appears on
				  the approved food list, the new product shall not be automatically eligible for
				  purchase under the current food list. The manufacturer, supplier, or
				  distributor must submit a written request to the state agency, a sample
				  nutritional label for the new product, and documentation outlining the product
				  availability at authorized retailers to have the new product considered for
				  approval. Once this information is received, the state agency shall decide on a
				  case-by-case basis if the new product can be transitioned under the current
				  food list or must wait for the next food list submission cycle. A new product
				  shall not be approved prior to it being available at retailer locations. If the
				  new product is not eligible for inclusion under the current food list, the
				  manufacturer, supplier, or distributor may submit a new food application using
				  the new product name when food applications are being accepted.
I. If a manufacturer, supplier, or
				  distributor changes the nutritional formulation of an approved product, the new
				  product shall not be eligible for purchase under the current food list. The
				  manufacturer, supplier, or distributor must submit a new food application for
				  the new product when food applications are being accepted.
J. Manufacturers, suppliers, or distributors
				  shall not send product samples to the state agency at any time.
K. Changes to the approved food list made
				  during the scheduled two-year period may be made on a case-by-case basis as
				  determined by the state agency based on federal guidance if
				  applicable.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.