The following definitions shall apply to
this part and all contracts, guidelines, instructions, forms and other
documents related hereto.
(a) " 7 CFR Part
246 " means the section of the Code of Federal Regulations (CFR) which governs
the operation of the WIC Program.
"Administrative review" means the process
by which a vendor or participant may appeal adverse actions taken against them
by the Department. All formal hearings will be held in accordance with the
Uniform Administrative Procedures Act, T.C.A. §
, et seq, and administrative
reviews will be held in accordance with
and as provided in these
means automatic income eligibility for WIC, based on eligibility for another
federal Program, as defined in 7 CFR Part 246
"Approved foods" means types, brands, or
varieties of foods meeting the Program requirements established under the
federal regulations found in 7 CFR Part 246
.10. Foods selected by the
Department for the Program in Tennessee can be further limited due to cost,
availability, packaging, or other reasons as defined in the current Tennessee
Food Package Policy and as provided by Central Office to food manufacturers and
other interested parties needing this information.
(e) "Breastfeeding woman" means a participant
who is breastfeeding her baby up to twelve months after delivery.
(f) "Central Office" means the office site
operated by the Department which is responsible for the overall operation of
(g) "Child" means a
person five (5) years of age or younger.
(h) "Civil money penalty" means a monetary
penalty assessed in lieu of disqualification.
(i) "Claim" means a request for reimbursement
of Program funds realized by the Department resulting from the detection of any
questionable voucher redeemed by a vendor, suspected vendor overcharges, or
other errors by the vendor, either intentional or unintentional, or an
intentional participant violation that affects the receipt of Program benefits
by the participant.
"Commissioner" means the Commissioner of the Tennessee Department of Health or
the Commissioner's designee.
"Competitive prices" means shelf prices for approved foods that are competitive
with the WIC vendors in the same peer group and region within the
(l) "Department" means the
Tennessee Department of Health.
"Disqualification" means the withdrawal of authorization as a WIC vendor as a
result of fraud, abuse, violation of federal regulations, or continued failure
to meet Program requirements prior to the expiration of a WIC Vendor
(n) "Dual participation"
means simultaneous participation in either the Program in more than one clinic
and/or region, or participation in the Program and in the Commodity
Supplemental Food Program, or in another WIC Program in another
(o) "Food instrument" means
a negotiable check with a limited period of validity used by a Program
participant to purchase approved foods at an authorized WIC vendor.
(p) "Food package" means the types and
amounts of approved foods based on the nutritional needs of the
(q) "Grocery store"
means a retail store, open to the general public, that derives the majority
(i.e., greater than 50%) of its annual total gross sales from staple foods. Its
purpose is to provide Program participants with a selection of Program approved
foods that meets the Program's minimum stock requirement. It must also offer a
full market basket of foods to provide the opportunity for price comparison
shopping and for nutrition information comparison. At least one other form of
payment (i.e., bank debit or credit card, personal check, or cash) must be
accepted in addition to Food Stamp Program transactions and Tennessee WIC
(r) "Income" means gross
income before taxes. Source of income is further defined in the WIC
(s) "Infant" means a baby
up to twelve (12) months of age.
(t) "Lock-in status" means vouchers must be
presented to a vendor specified by the Program, on a specific day, mutually
agreed upon between the Program and the participant.
(u) "Minimum stock requirement" means the
types, varieties, brands, and quantities of approved foods a grocery store is
required to keep available as established by the Department for the
"Nutritional risk" as
defined by federal regulation means:
detrimental or abnormal nutritional conditions detectable by biochemical or
anthropometric measurements; or
other documented nutritionally related medical conditions, such as
(i) dietary deficiencies that impair or
endanger health; or
that predispose persons to inadequate nutritional patterns or nutritionally
related medical conditions.
(w) "Overcharge" means an act committed by a
vendor of seeking and/or accepting more Program funds for approved foods than
is permitted under the WIC Vendor Agreement. Such an act may result in a
sanction whether it is intentional or unintentional.
(x) "Parent/caretaker" means a parent of an
infant or child participant or a person other than a parent, who is responsible
for the care of the infant or child and who enrolls them in the
(y) "Participant" means a
pregnant woman, breastfeeding woman, postpartum woman, infant, or child who is
receiving supplemental foods or food instruments under the Program.
(z) "Participation" means a monthly count of
persons who have received supplemental foods or food instruments.
(aa) "Pattern" means an act that occurs two
(2) or more times.
group" means a group of WIC vendors who have common characteristics, including,
but not limited to, type of business, type of ownership, total sales volume,
and pricing of approved foods and are located in the same geographic
(cc) "Pharmacy" means a
retail establishment licensed by the State of Tennessee to operate as a
pharmacy. Its purpose for authorization in the Program is to provide Special
Formulas defined in the WIC Manual. These formulas are issued to a participant
when prescribed by written order from a physician or nurse clinician under
"Postpartum woman" means a participant who is not breastfeeding her baby, but
may remain on the Program for up to six months after delivery.
(ee) "Program" means the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) authorized by Section
17 of the Child Nutrition Act of 1966, as amended.
(ff) "Proxy" means a person designated, in
writing, by the participant or parent/caretaker to receive the vouchers when
issued and shop for the supplemental foods issued on the voucher. Parents or
caretakers applying on behalf of child and infant participants are not
(gg) "Redemption" means
the procedure during which the vendor receives payment for vouchers previously
submitted following the requirements of the WIC Vendor Agreement.
(hh) "Regional Office" means an
administrative site operated by or under contract with the Department to
provide Program services for its designated geographic area.
(ii) "Sanction" means a disciplinary action
taken by the Department as described in sections 1200-15-2-.06 Participant
Program Violations and 1200-15-2-.08 Vendor Program Violations.
(jj) "Staple Foods" means the variety of
foods carried by an authorized WIC grocery store consisting of, but not limited
to, infant formula and other baby food products, eggs, dairy products, bread
and bakery products, pastas, fresh produce and vegetables, frozen and canned
fruits and vegetables, frozen and canned juices, seafood, meat and poultry.
Staple foods do not include any prepared foods or accessory foods such as
candy, condiments, spices, tea, coffee, cocoa, or carbonated and uncarbonated
(kk) "Transaction" or
"transacted" means the procedure during which the participant, parent/caretaker
or proxy presents a voucher to an authorized WIC vendor in exchange for the
approved foods listed on the voucher.
(ll) "USDA" means the United States
Department of Agriculture.
"Vendor" means a retail grocery store or pharmacy that agrees to abide by
applicable policies and procedures as delineated in 7 CFR Part 246
Department rules, the WIC Vendor Agreement, and the WIC Vendor Handbook. A
vendor is authorized by the Department to accept vouchers and provide the
supplemental foods issued on the voucher. A vendor encompasses both a business
entity and the physical location of a business.
(nn) "Vendor Application for Authorization to
Participate in the Tennessee WIC Program" means the standard application form
and attachments required by the Department for a potential vendor to
participate in the Program. The application must be signed by the Department's
authorized designee, as well as an owner or an owner's authorized
Representative" means the regional office staff person who is responsible for
contracting the WIC vendor and assuring compliance with the WIC Vendor
(pp) "Violation" means
each act of non-compliance that occurs or a series of acts that together equate
to a violation.
stamp" means a device provided by the Department which imprints the WIC
vendor's name and assigned number on redeemed vouchers.
(rr) "Voucher" - see "Food
(ss) "WIC food"-see
(tt) "WIC Food
List" means the current list of approved foods as provided by the Department to
participants and contracted grocery stores.
(uu) "WIC Grocer Price Report Card" means the
form submitted by contracted grocery stores at time of application and then on
a periodic basis as required by the Department to report prices of specific
(vv) "WIC Manual"
means the current publication produced by the Department that contains Program
information, policies, procedures, sample reports, and forms for use by Program
staff in the regional offices and local health department clinics.
(ww) "WIC Vendor Agreement" means the
standard written departmental agreement that specifies the terms and conditions
for a WIC vendor to participate in the Program. (The agreement must be signed
by an owner or an owner's authorized designee and the Department's authorized
designee. See Vendor Application.)
(xx) "WIC Vendor Handbook" means the current
publication produced by the Department that contains Program information,
policies, and procedures to be followed by WIC vendors.
(yy) "WIC Vendor Management Manual" means the
current publication produced by the Department that contains Program
information, policies, procedures, sample reports and forms for use by Program
staff in the Central Office and the Regional Offices.