Wis. Admin. Code Department of Health Services DHS 149.03 - Definitions

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.

Notes

Wis. Admin. Code Department of Health Services DHS 149.03

CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (10) made under s. 13.92(4) (b) 6, Stats., Register January 2009 No. 637; corrections in (13), (25), (28) and (40) made under s. 13.92(4) (b) 7, Stats., Register July 2011 No. 667.