Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 149 - The special supplemental nutrition program for women, infants and children (WIC) › Subchapter II - Vendor Authorization And Responsibilities › Section DHS 149.05 - Minimum requirements for vendor authorization

Current through June 24, 2024
A vendor may be eligible to become an authorized vendor,
					 remain an authorized vendor, or be eligible for renewal as an authorized vendor
					 if all of the following conditions are met:
(1) The vendor is located in
				  Wisconsin.
(2) The vendor has a
				  fixed location unless otherwise allowed by the state WIC office, as in the case
				  of a designated disaster or emergency.
(3) The vendor demonstrates business
				  integrity.
Note: Activities that would indicate a lack of business
					 integrity include fraud, antitrust violations, embezzlement, theft, forgery,
					 bribery, falsification or destruction of records, making false statements,
					 receiving stolen property, making false claims, obstruction of justice, or
					 aiding and abetting any of these activities.
(4) The vendor and any of its
				  representatives, agents, managers, employees, or other persons who directly or
				  indirectly participates in the operation of the grocery store or pharmacy have
				  not been convicted of a crime, or had a civil or criminal judgment entered
				  against them in Wisconsin or any other state during the last 6 years for an
				  activity that would indicate a lack of business integrity.
(5) The vendor and any of its
				  representatives, agents, managers, employees or other persons who directly or
				  indirectly participate in the operation of the grocery store or pharmacy, who
				  has current or prior involvement with WIC or the food stamp program, has an
				  acceptable history with WIC and the food stamp program. In determining whether
				  the history is acceptable, the state WIC office shall consider the person's
				  history with either WIC or the food stamp program, including whether the person
				  conducts or has conducted business without authorization by WIC or the food
				  stamp program as applicable.
(6)
				  The vendor is not currently disqualified from the food stamp program and has
				  not had a food stamp program civil money penalty suspended for hardship where
				  the disqualification period that would otherwise have been imposed has not
				  expired.
(7) The vendor has not
				  been adjudged to be delinquent in the payment of taxes under ch. 71, 72, 76,
				  77, 78 or 139, Stats.
(8) The
				  vendor has not been sold by its previous owner to another vendor or owner in an
				  attempt to circumvent a WIC sanction. The state WIC office may consider such
				  factors as whether the previous owner sold the grocery store or pharmacy to a
				  person who is related by blood or marriage to the previous owner or sold to any
				  individual or organization for less than the grocery store or pharmacy's fair
				  market value.
(9) The vendor has no
				  outstanding forfeitures, recoupment assessments, enforcement assessments, or
				  civil money penalties that were levied against that vendor for a violation of
				  this chapter, or for a violation of s.
				  253.06,
				  Stats., or 7 CFR 246.
(10) The
				  vendor is not an above-50-percent vendor at the time of the initial application
				  for authorization to be a WIC vendor.
(11) The vendor's maximum price for a
				  standardized combination of foods is the same or less than the prices charged
				  by other vendors in the vendor's peer group.
(12) The vendor purchases infant formula
				  provided to participants only from a supplier listed on the authorized infant
				  formula provider list.
(13) The
				  vendor has regular, established hours of operation which include a minimum of
				  two 4-hour blocks of time on each of 5 days per week and daily operating hours
				  are consistent from week to week.
(14) The vendor has not accepted WIC checks
				  before becoming an authorized vendor.
(15) The vendor meets the minimum stock
				  requirement on shelves or in coolers in the customer area, unless otherwise
				  specified in the contract.