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 I - General Provisions › Section DHS 149.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Above-50-percent vendor" means an
				  authorized vendor who derives more than 50 percent of annual food sales revenue
				  from WIC checks. It includes vendor applicants applying for an initial
				  authorization who estimate they will derive more than 50 percent of annual food
				  sales revenue from WIC checks.
(2)
				  "Agreement" means the document signed by a vendor and the state WIC office that
				  contains the terms and conditions under which the vendor is authorized to
				  accept and redeem WIC checks in exchange for authorized food; the completed
				  application form; the vendor's stock price surveys; the vendor manual; the list
				  of authorized food; memos or other formal instructions; and the terms of
				  participation issued by the state WIC office to vendors.
(3) "Authorized food" means food identified
				  by the department in accordance with
				  7 CFR 246.10
				  as acceptable for use under the federal special supplemental food program for
				  women, infants and children under
				  42
				  USC 1786. "Authorized food" is a reference to
				  the types, brands, or varieties of foods approved by the state WIC office and
				  is commonly referred to by the department and local projects as "approved
				  foods".
(4) "Authorized infant
				  formula provider list" means the list of wholesalers, distributors, retailers
				  and manufacturers approved by the state WIC office to provide infant formula to
				  authorized vendors.
(5) "Authorized
				  vendor" means a vendor that has been authorized by the department to accept WIC
				  checks from participants and have the WIC checks redeemed by the
				  department.
(6) "Change of
				  ownership" means any transfer of the right to control the assets or management
				  of an authorized vendor, or any majority changes in ownership of a
				  vendor.
(7) "Civil money penalty"
				  means a monetary penalty imposed on an authorized vendor in lieu of
				  disqualification as specified under
				  7 CFR 246.12(l) (1) (ix) and
				  (x).
(8) "Contract period" means the period of
				  time a vendor is an authorized vendor.
(9) "Customer area" means the portion of a
				  grocery store or pharmacy that is normally frequented by customers and does not
				  include storage or other areas that are normally not frequented by
				  customers.
(10) "Department" means
				  the Wisconsin department of health services.
(11) "Disqualification" means the official
				  act by the department of ending WIC participation of either an authorized
				  vendor or of a participant because of a program violation.
(12) "Enforcement assessment" means the
				  supplemental food enforcement surcharge added to a forfeiture or
				  recoupment.
(12m) "Family" means a
				  group or related or nonrelated individuals who are living together as one
				  economic unit, except that residents of a homeless facility or an institution
				  shall not be considered as members of a single family.
(13) "Food distribution center" means an
				  entity, other than a vendor, that is under contract with the department under
				  s.
				  253.06(3m),
				  Stats., to distribute authorized food to participants.
(14) "Food sales" means the sales of all
				  foods that are eligible items under the food stamp program.
(15) "Food stamp program" means the
				  assistance program under
				  7 USC
				  2011 to
				  2029, and known in
				  Wisconsin as the Food Share Program.
(16) "Forfeiture" means the sum of money
				  required to be paid to the state WIC office as a result of a vendor
				  violation.
(17) "Grocery store"
				  means a retail store that sells a general line of food for the household to
				  eat, such as breads and cereals; fruits and vegetables; meats, fish, and
				  poultry; and dairy products or a store authorized by the food stamp program as
				  a specialty store.
(18) "Initial
				  authorization" means the authorization for a vendor when the vendor was not an
				  authorized vendor at the time an application for authorization was
				  submitted.
(19) "Local project"
				  means an agency that has a contract with the department to provide WIC services
				  such as eligibility determination, WIC check distribution and nutrition
				  counseling for participants.
(20)
				  "Local project clinic" means a site established by a local project that carries
				  out the functions of the local project in a facility separate from the local
				  project.
(21) "Maximum food price"
				  is the maximum amount a vendor within each vendor peer group may charge for an
				  authorized food item or for a standardized combination of foods.
(22) "Minimum stock requirement" means the
				  types, varieties, brands and quantities of foods that authorized vendors are
				  required to keep in the customer area as specified in the WIC vendor manual and
				  stock price survey.
(23) "Non-sale
				  price" means the price of an item that has not been reduced in price.
(24) "Preauthorization site visit" means the
				  on-site review of the vendor conducted by the state WIC office staff or its
				  designee to verify the information on the WIC vendor application, to evaluate
				  the cleanliness of the establishment, and to evaluate the freshness of the
				  authorized foods on the premises.
(25) "Participant" means a person who is
				  eligible for and receives services under s.
				  253.06,
				  Stats. In administrating the WIC program under s. 253.06, Stats., and 7 CFR
				  246, the department has determined that a participant includes an infant, child
				  under age 5, and a pregnant, breastfeeding, or postpartum woman within six
				  months of delivery.
(26) "Pharmacy"
				  means an establishment that is issued a license to operate as a pharmacy under
				  s.
				  450.06,
				  Stats. Under this chapter, "Pharmacy" includes the persons conducting
				  transactions on behalf of the pharmacy, including the owner, manager, a
				  representative, an employee or any other individual who directly or indirectly
				  participates in the operation of the pharmacy.
(27) "Proxy" means a person who has been
				  designated in writing by a participant or by the department to obtain and
				  exchange WIC checks for authorized food on behalf of the participant.
(28) "Sanction" means a penalty imposed by
				  the local project or state WIC office on a vendor, participant, or
				  participant's proxy because of a violation of this chapter and includes
				  disqualification, recoupment, forfeiture, enforcement assessments under s.
				  253.06(5)
				  (b), Stats., or civil money
				  penalties.
(29) "Standardized
				  combination of foods" means a group of authorized foods selected by the state
				  WIC office.
(30) "State WIC office"
				  means the section of the department assigned to administer WIC.
(31) "Stock price survey" means the
				  department form on which a vendor's prices for authorized food are listed.
Note: The stock price survey can be obtained from the WIC
					 Portal at
https://www.wicvendorwi.org/
or
http://dhs.wisconsin.gov/wic/wicPro/Vendor_Auth/index.htm
,
					 or write to the State WIC Office, Vendor Management, Division of Public Health,
					 P.O. Box 2659, Madison, WI 53701-2659, or call 608-266-6912, or submit a fax
					 request at 608-266-1514.
(32) "USDA" means the United States
				  department of agriculture.
(33)
				  "Vendor" means a grocery store or pharmacy that sells authorized foods. A
				  vendor can be a sole proprietorship, a partnership, a cooperative association,
				  a corporation, or another business entity operating one or more grocery stores
				  or pharmacies.
(34) "Vendor manual"
				  means the manual that the state WIC office publishes that describes the WIC
				  program and program policies related to the provision of authorized food to
				  participants, including program policies, periodic updates and amendments,
				  applicable rules, and other requirements.
(35) "Vendor peer group" means 2 or more
				  vendors who have similar characteristics as determined by the state WIC
				  office.
(36) "Vendor stamp" means a
				  rubber stamp provided to an authorized vendor or food distribution center by
				  the state WIC office to validate WIC checks.
(37) "WIC benefit" means WIC checks,
				  authorized food purchased with WIC checks, and WIC breast pumps.
(38) "WIC check" means the negotiable
				  instrument distributed by the department for use by a participant to purchase
				  authorized food.
(39) "WIC
				  participant identification" means the document issued by a local project to the
				  participant or the participant's parent or guardian that includes the signature
				  of the participant or the participant's parent or guardian as well as the
				  signature of each proxy authorized to spend the participant's WIC
				  checks.
(40) "WIC program" or "WIC"
				  means the special supplemental nutrition program for women, infants and
				  children established pursuant to
				  42
				  USC 1786, and 7 CFR 246, and s.
				  253.06,
				  Stats.