WSR 06-05-051

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed February 13, 2006, 8:01 a.m. , effective March 16, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: In June 2004 the United States Congress passed the Child Nutrition and WIC Reauthorization Bill. In that bill were many mandated changes affecting the WIC food delivery system with major focus on cost containment and integrity. The WIC program is revising chapter 246-790 WAC, Special supplemental nutrition program for women, infants, and children (WIC) to incorporate these changes to the Washington WIC food delivery system.

Citation of Existing Rules Affected by this Order: Amending WAC 246-790-010, 246-790-050, 246-790-060, 246-790-065, 246-790-070, 246-790-080, 246-790-085, 246-790-090, 246-790-100, 246-790-120, and 246-790-130.

Statutory Authority for Adoption: RCW 43.70.120.

Other Authority: 7 C.F.R. 246.

Adopted under notice filed as WSR 05-22-130 on November 2, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 11, Repealed 0; Federal Rules or Standards: New 0, Amended 11, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 10, 2006.

M. C. Selecky

Secretary

OTS-8276.2


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-010   Definitions.   (1) "Alternate endorser" means a person authorized by the WIC client to pick up WIC checks at the local WIC agency and use the WIC checks at the retailer when the client is unable to do so.

(2) "Appeal hearing" means a formal proceeding to appeal certain program decisions. The appeal hearing process provides a contractor the opportunity to review the case record prior to the hearing, to present its case in an impartial setting, to confront and cross-examine witnesses, and to be represented by counsel.

(3) "Applicant retailer" means any ((contractor submitting)) retailer, or person representing a retailer, requesting authorization to participate in the WIC program who has submitted a completed request for authorization ((on behalf of a retailer requesting participation in the program)) packet.

(4) "Authorized" or "authorization" means the ((applicant)) retailer has met the selection criteria as ((determined)) required by the United States Department of Agriculture (USDA), received training on WIC program requirements, and signed a contract ((offered by the department signifying eligibility to participate in)) with the WIC program.

(5) "CFR" means the Code of Federal Regulations.

(6) "Contract" or "retailer contract" means a written legal document ((binding)) which encompasses WIC program requirements that bind the contractor and the ((department, represented by the WIC program, to designated terms and conditions)) WIC program.

(7) "Contractor" means the owner, chief executive officer, controller, or other person legally authorized to represent their corporation, firm, or business and obligate a retailer to a contract.

(8) "Covertly" means in secret, undercover, or not openly announced.

(9) "Current shelf life" or "pull date" or "use by date" means a date and code printed on an item that indicates its best quality. This date shows when a product must be either sold or pulled from a shelf.

(10) "Department" means the Washington state department of health and any of the officers or other officials lawfully representing the department.

(((9))) (11) "Disqualification" means the act of revoking the authorization and ((terminating)) ending the contract of an authorized retailer permanently or for a specific period of time for noncompliance with WIC program requirements.

(((10))) (12) "Effective policy and program to prevent trafficking" means a written document that states what can and cannot be done with WIC checks and the consequences for failing to follow program requirements. Effectiveness is determined by documentation that a retailer has provided this written policy to all employees, including employees' signatures verifying they have been advised of the policy and understand the consequences of noncompliance, both for the retailer and for the employee, prior to any noncompliance being detected.

(((11))) (13) "Food company" means a manufacturer or broker of food items.

(((12) "Inadequate client access" means the decision the state agency makes considering a variety of factors to determine how disqualification of a WIC retailer might affect a WIC client's access to WIC foods. The procedure includes, but is not limited to, assessing how many WIC authorized retailers are in a given service area, how many clients currently use the retailer in question, and any geographical or man-made barriers a client would contend with to access WIC foods at a different authorized retailer.

(13))) (14) "Food stamp EBT" means the electronic system that allows a recipient to authorize transfer of their government food benefits from a federal account to a retailer account to pay for products they buy.

(15) "Local WIC agency" means the contracted clinic or agency where a client receives WIC ((services)) checks.

(((14))) (16) "Maximum price" means the highest amount that can be charged for WIC approved foods as determined by the WIC program based on evaluation of current prices and market conditions.

(17) "Monetary penalty" means a sum of money imposed by the WIC program for noncompliance with program requirements.

(((15))) (18) "Notice of correction" means a written document given to a retailer when the WIC program discovers noncompliance with program requirements. The notice of correction gives the retailer a reasonable period of time to correct the noncompliance without risk of receiving a sanction.

(19) "Pattern" means more than one documented incidence of noncompliance with WIC program requirements in ((any given)) a contract period.

(((16))) (20) "Peer group" means a group of retailers who share similar characteristics. The WIC program considers factors such as location, either rural or urban, and the prices retailers charge when determining a retailer's placement in a peer group.

(21) "Providing credit" means the retailer ((submitted and received payment for all)) takes a WIC check and deposits it for the full amount of the foods listed ((on a WIC check)), even though the client ((did)) does not receive all the foods at the time ((the check was redeemed)), and tells the client to come back later for the rest of the food.

(((17))) (22) "Reauthorization" or "subsequent authorization" means the process when a retailer, who has a contract with the WIC program which is expiring, has reapplied, met the selection criteria, and signed another contract with the WIC program.

(23) "Redeeming WIC checks outside of authorized channels" means not following the ((rules)) requirements regarding who can accept WIC checks and how to redeem them. Examples include, but may not be limited to:

(a) A retailer accepting WIC checks without having a signed contract with the WIC program;

(b) ((A retailer accepting WIC checks payable to a different authorized retailer or a different outlet of the same chain and redeeming them through that other retailer; or

(c))) A retailer using WIC checks to repay ((a)) debt at a different authorized retailer((.

This violation also applies to the)); or

(c) A retailer who ((receives)) accepts and deposits ((the)) WIC checks from ((the retailer who accepted them.

(18) "Reauthorization" or "subsequent authorization" means the process when a retailer who has a contract with the department which is expiring, has reapplied, met the selection criteria, and signed another contract with the department to participate in the WIC program)) an unauthorized source.

(((19))) (24) "Rights and responsibilities" means the rights a client has within the WIC program and the rules clients and caregivers must follow to participate in the program. The rights and responsibilities are explained in a document the client, caregiver, or alternate endorser must sign.

(25) "Supplemental WIC foods" or "WIC approved foods" means those foods containing nutrients determined to be beneficial for pregnant, ((breast-feeding)) breastfeeding, and postpartum women, infants, and children, as prescribed by federal regulations and state requirements, and, as ((authorized)) approved by the Washington state WIC program.

(((20))) (26) "Trafficking" means buying or selling WIC checks for cash.

(((21))) (27) "WIC program" or "program" means the federally funded special supplemental nutrition program for women, infants, and children administered in Washington state by the department of health.

(((22))) (28) "WIC program requirements" or "program requirements" mean the rules contractors and retailers must follow to participate in the WIC program. The rules are explained in the federal regulations, the retailer contract, the Retailer Selection Criteria, the WIC Approved Foods - Minimum Stock Levels, the WIC Retailer Handbook, and the WIC approved formula supplier list.

(29) "WIC retailer" or "retailer" means an individual store ((owned by a contractor)) authorized to participate in the WIC program.

(((23))) (30) "Wholesaler" or "distributor" or "supplier" means a business ((entity that)) licensed to sell((s)) food and other items to a retailer for resale.

(((24))) (31) "WIC check" means a negotiable instrument issued to and used by a WIC client, caregiver, or alternate endorser to obtain specified supplemental WIC foods from a ((contracted)) WIC retailer.

(((25))) (32) "WIC client" or "client" means a woman who is pregnant, ((breast-feeding)) breastfeeding, or postpartum, an infant, or a young child receiving WIC benefits.

(33) "WIC only store" means a for-profit business model that focuses primarily on stocking WIC food items and serving WIC customers.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-010, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-010, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-010, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-010, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.17.060, 43.21C.120 and 43.20A.550. 91-01-098 (Order 3118), 246-790-010, filed 12/18/90, effective 1/18/91.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-050   What is the WIC program?   (1) The WIC program in the state of Washington is administered by the department of health.

(2) The WIC program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966. The purpose of the program is to provide nutrition and health assessment; nutrition education; nutritious food; ((breast-feeding)) breastfeeding counseling; and referral services to pregnant, ((breast-feeding)) breastfeeding, and postpartum women, infants, and young children in specific risk categories.

(3) Federal regulations governing the WIC program (7 CFR Part 246) require implementation of standards and procedures to guide the state's administration of the WIC program and are hereby incorporated in this rule by reference. These regulations define the rights, responsibilities, and legal procedures of WIC employees, clients, persons acting on behalf of a client, and retailers. They are designed to promote:

(a) ((Consistent and)) High quality nutrition services ((to clients));

(b) Consistent application of policies and procedures for eligibility ((and food issuance; and)) determination;

(c) ((Client and retailer)) Consistent application of policies and procedures for food benefit issuance and delivery; and

(d) WIC program compliance.

(4) The WIC program implements policies and procedures stated in program manuals, handbooks, contracts, forms, and other program documents approved by the USDA Food and Nutrition Service.

(5) The WIC program may impose sanctions against WIC clients for not following WIC program rules stated on the WIC rights and responsibilities.

(6) The WIC program may impose monetary penalties against persons who misuse WIC checks or WIC food but who are not WIC clients.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-050, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-050, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-050, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-050, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-050, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-005, filed 6/6/90, effective 7/7/90; 88-14-037 (Order 2638), 388-19-005, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 00-13-009, filed 6/9/00, effective 7/10/00)

WAC 246-790-060   What are WIC authorized foods?   (1) WIC eligible women, infants, and children receive supplemental WIC foods from one or more of the following food categories. These foods must meet nutritional standards established by federal regulations and state requirements.

(2) The food categories are:

(((1))) (a) Cereals,

(((2))) (b) Juices,

(((3))) (c) Infant formula,

(((4))) (d) Infant cereal,

(((5))) (e) Liquid nutritional supplements,

(((6))) (f) Milk,

(((7))) (g) Eggs,

(((8))) (h) Dry beans and peas,

(((9))) (i) Peanut butter,

(((10))) (j) Cheese,

(((11))) (k) Tuna, and

(((12))) (l) Carrots.

(3) Additionally, the WIC program ((authorizes specific brands of juice, cereal, and infant formula based on federal and state nutritional requirements)) approves a reasonable selection of nutritious foods within each food category with the following factors in mind: Cost, client health, client preference, easy identification of approved foods, and consistency with sound buying practices.

(4) The WIC program limits the selection of ((authorized)) WIC approved foods in accordance with federal cost containment requirements, including, but not limited to, the competitive procurement of a single manufacturer's infant formula.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-060, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-060, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-060, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-060, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-015, filed 6/6/90, effective 7/7/90; 88-14-037 (Order 2638), 388-19-015, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-065   What is the process for getting a food WIC authorized?   (1) The procedure for authorizing a food is:

(a) A food company or other entity((, such as a local WIC clinic,)) submits a written request to the WIC program ((for authorization)) asking for approval of a food. ((The request includes:))

(b) A food company must provide:

(i) Package flats or labels, information on package sizes and prices, and a summary of current distribution, including identification of the wholesaler(s) carrying the food; and

(ii) ((Assessment of)) Dates when ((the)) a new food replaces the ((old)) current food on store shelves when there is a change in formulation.

(((b))) (c) The WIC program verifies ((if)) that a food considered for ((authorization)) approval fits within one of the authorized food categories, meets the federal requirements of nutritional standards, is currently available to retailers, and has been available to retailers for at least one year;

(((c))) (d) The WIC program ((may)) periodically surveys local WIC agency staff and clients for their recommendations regarding need and demand for the food;

(((d))) (e) The WIC program reviews data and recommendations and notifies the food company whether or not a food is ((authorized)) approved.

(2) Food companies must notify the WIC program in writing of any changes in product formulation, product name, packaging, label design, size, or availability. A food company must notify the WIC program of any changes before any Washington state wholesaler, distributor, or supplier receives the new product.

(3) If a food company fails to notify the WIC program of any changes, the WIC program may revoke or deny WIC ((authorization)) approval of the product.

(((3))) (4) The WIC program may require a food company to submit a statement guaranteeing a minimum period of time during which a food will be available in the state of Washington.

(((4))) (5) The WIC program ((shall)) refuses to approve any food that contradicts the nutrition principles promoted by the WIC program(('s nutrition component)).

(((5))) (6) The WIC program may limit the number of ((authorized)) approved foods within a food category.

(((6))) (7) The WIC program may ((initiate reassessment of)) reassess any WIC ((authorized)) approved food at any time.

(((7))) (8) The WIC program may evaluate a food for ((authorization)) approval outside of the three-year food review cycle if necessary.

(((8))) (9) A food company or other entity must obtain written approval from the WIC program before using the term "WIC approved" or the WIC program logo.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-065, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-065, filed 6/9/00, effective 7/10/00.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-070   How do I become a WIC retailer?   (1) ((Applicant)) Retailers interested in participating in the WIC program must apply for authorization ((and enter into a contract with the department)).

(2) Applications ((procedure.

(a) Applicant retailers submit a completed application to the WIC program, including a price list for authorized WIC foods)) for WIC authorization are accepted during the open application period held before the start of each new contract cycle. Exceptions to this time frame are considered when a WIC authorized retailer closes or ownership changes. Exceptions are based solely on the program's determination of program need and effective administration of the program. The WIC program may further limit acceptance of new applications as needed.

(((b))) (3) The WIC program may require applicant retailers to provide ((information regarding)) shelf price records and inventory records showing all purchases, both wholesale and retail, including but not limited to, wholesale receipts, cash and carry receipts, purchase orders, books of account, invoices that identify the quantity and prices of specific WIC foods and other pertinent records that substantiate ((the volume and the)) shelf prices ((charged)) and where, when, and how much of each item was purchased. ((Cash register receipts)) Records without specific identification of the name of the business where the food was purchased, the date purchased, the quantity, unit price, and ((WIC)) name of food purchased are not acceptable as evidence ((of WIC food purchases)).

(((c))) (4) The WIC program conducts ((and documents an)) on-site preauthorization visits ((prior to, or at the time of, initial authorization of an applicant retailer)) to verify the information provided on the application, to evaluate the shelf prices and inventory of WIC foods, and to provide training on WIC requirements.

(((d) Applications are accepted on an ongoing basis, except for the six months prior to contract expiration during which no applications are accepted. Exceptions can be made in the case of an ownership change or where there is a documented need for a location in order to assure client access. The WIC program may further limit acceptance of new applications as needed.)) (5) The WIC program will not offer a contract to a retailer if, during the on-site preauthorization visit, they are unable to satisfactorily verify the information provided on the application or the retailer fails to participate in the initial training offered.

(((3))) (6) The WIC program ((shall)) authorizes a sufficient number, type, and distribution of retailers to ((ensure client access. The WIC program may limit the number of authorized retailers in any given geographic area or statewide to enable effective management of the retailers)) meet program need and effectively administer the program.

(((4))) (7) The WIC program will not authorize for-profit WIC only stores.

(8) Per 7 CFR 246.12 (h)(3)(xxi), WIC program authorization is not a right or property interest. Authorization is discretionary and is based solely on the WIC program's determination of program need and effective administration of the program.

(9) The WIC program bases selection of ((each)) authorized retailers on the following:

(a) ((Number of clients served.)) Program need. The program mission is to improve the lifelong health and nutrition of women, infants, and children in Washington state. Meeting this mission is the foundation for selection of authorized retailers. Retailers are selected to provide clients reasonable access to the nutrition provided by WIC foods.

(b) Check volume.

(i) ((An applicant retailer needs to have requests from or the potential of serving at least fifteen WIC clients who are currently receiving checks from the WIC program as verified by the local WIC agency.

(ii))) Retailers applying for reauthorization must ((have a documented check redemption record averaging)) take an average of at least forty checks per month ((over)) in a six-month period.

(((iii) Exceptions may be made for:

(A) Pharmacies needed as suppliers of special infant formulas; or

(B) Applicant retailers in isolated areas where client access cannot otherwise be assured.

In either case, the need must be documented by the local WIC agency.)) (ii) Retailers with no WIC history will be on probation for one year or to the end of the contract period, whichever comes first. The WIC program will evaluate the retailer's check volume at the end of the probation and may take action to end the contract.

(((b) Minimum stock levels.)) (c) WIC approved foods.

(i) ((A retailer or applicant retailer must stock a reasonable variety of items with current shelf lives from all food categories on the authorized WIC food list. Minimum quantities specified on the authorized WIC food list must be on the shelf available for purchase before a contract is offered.

(ii) A retailer or applicant retailer is not required to carry every brand of WIC allowed infant formula, but must carry at least the minimum quantity of the WIC contract formulas.

(c))) Retailers must have on their shelves:

(A) At least the minimum quantities of WIC approved foods as specified in the WIC approved foods - Minimum stock levels when they apply.

(B) The minimum quantity of the WIC contract infant formulas for at least one to two infants, using the quantities specified in the WIC Approved Foods - Minimum Stock Levels.

(C) At least the minimum variety of items from all WIC food categories as specified in the WIC Approved Foods - Minimum Stock Levels.

(D) WIC approved foods with current shelf lives.

(ii) Retailers must:

(A) Maintain minimum stock levels throughout the contract period.

(B) Purchase infant formula only from a wholesaler, distributor, retailer, or supplier approved by the WIC program.

(C) Be prepared to provide documentation identifying where they buy infant formula.

(d) Prices of WIC approved foods.

A retailer(('s)) must agree to and maintain prices ((for)) of individual WIC foods ((must not exceed one hundred twenty percent of the statewide average price for that food at time of authorization or at any given time in the contract period;

(d))) at or less than the maximum price within their assigned peer group as determined by the WIC program.

(e) Business operations.

((A)) Retailers ((or applicant retailer)) must:

(i) ((Possess)) Have a valid Washington state tax registration (UBI) number((;

Exception may be made for a store needed in border towns of)). Oregon and Idaho ((to ensure client access to WIC foods)) retailers must have all valid licenses required by their respective state.

(ii) ((Possess a valid)) Have an activated food stamp authorization number.

((Exception may be made for a pharmacy needed to ensure client access to hard to find formulas.)) Pharmacies are exempt from this requirement.

(iii) Operate from a fixed, permanent location.

(iv) Be a full line/full service retailer that stocks a variety of staple foods on a continuous basis in addition to WIC approved foods. Staple foods include fresh, frozen, and/or canned unbreaded meat, poultry, fruits, and vegetables, dairy products, and grain products, such as bread, rice, and pasta.

(v) Be open for business ((a minimum of)) at least eight hours per day, six days per week.

(((v) Maintain a clean and safe interior environment by, for example, complying with local sanitation rules.

The WIC program may request a health inspection and report by the local health department at any time in the contract period.

(e))) (vi) Accept cash and food stamp EBT.

(vii) Receive or be expected to receive no more than fifty percent of their total annual food sales from WIC transactions.

(f) Business integrity.

(i) The WIC program will ((take into consideration)) not authorize a retailer if ((a)), in the last six years, the retailer ((or applicant retailer)) has been disqualified from WIC or the food stamp program or has been assessed a monetary penalty ((in lieu)) instead of a food stamp disqualification ((in the last six years)). Exceptions may be considered based on program need.

(ii) An owner, officer, or partner of a retailer ((or applicant retailer)) must not have sold a store ((to circumvent)) in order to avoid a WIC sanction.

(iii) ((A retailer or applicant retailer with any owner, officer, partner, or manager who has been convicted of or had a civil judgment for any of the following in the last six years will be denied authorization or have authorization revoked: )) The WIC program will deny or revoke a retailer's WIC authorization if any of the owners, officers, partners, or managers has been convicted of or had a civil judgment for fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstruction of justice in the last six years.

(((iv) The WIC program reserves the right to conduct background checks on any retailer, owner, officer, partner, or manager.

(f))) (g) Compliance with the WIC contract.

(i) A retailer must attend ((face-to-face)) training on WIC requirements at least once per contract period.

(ii) A retailer must comply with ((monitor visits and provide shelf price records and inventory records, upon the WIC program's request, showing all purchases, both wholesale and retail, including but not limited to, wholesale receipts, cash and carry receipts, purchase orders, books of account, invoices that identify the quantity and prices of specific WIC foods, and other pertinent records that substantiate the volume and prices charged.

(g) History. A retailer or applicant retailer with a history of any of the following may be denied authorization unless client access to WIC food cannot otherwise be assured:

(i) Redeeming WIC checks without having a signed contract with the department;

(ii) Changing ownership more than twice during a three-year contract period;

(iii) Failing to implement corrective action imposed by the WIC program within the time specified;

(iv) Failing to complete payment, within the time specified, of an imposed monetary penalty or reimbursement of an overcharge)) all program requirements.

(((5))) (10) A retailer must meet all the selection criteria to be considered for WIC authorization and, once authorized, must continue to meet the selection criteria throughout the term of the contract. Exceptions may be made for pharmacies needed to supply special infant formulas or retailers in isolated areas.

(11) The WIC program ((may)) must deny a retailer authorization for failure to meet any of the stated selection criteria.

(((6))) (12) The WIC program may ((reassess)) review an authorized retailer's compliance with the retailer selection criteria any time in the contract period and must ((terminate)) end the contract of any retailer which fails to meet them.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-070, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-070, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-070, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-070, filed 10/27/92, effective 11/27/92; 91-06-029 (Order 145), 246-790-070, filed 2/26/91, effective 3/29/91. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-070, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-020, filed 6/6/90, effective 7/7/90; 88-18-022 (Order 2681), 388-19-020, filed 8/30/88; 88-14-037 (Order 2638), 388-19-020, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-080   What do I need to know about WIC retailer contracts?   (1) All ((authorized)) selected retailers must enter into written contracts with the ((department)) WIC program. The ((contract must be signed by the)) contractor and the designee of the contracting officer of the department of health must each sign the contract.

(2) The contract lists all authorized retailer((s)) locations by name and ((location)) address. Individual retailers may be added, changed, disqualified, or deleted by contract amendment without affecting the remaining authorized retailer((s)) locations.

(3) ((Duration of contract.

(a))) The WIC program issues contracts for a maximum period of three years.

(((b))) (4) Neither the WIC program nor the contractor is obligated to ((renew the contract)) recontract. The WIC program ((must)) will notify contractors and retailers in writing not less than fifteen days before the expiration of a contract ((which is not being renewed)).

(((c))) (5) Authorization is valid for no longer than the period stated in the contract. The retailer must reapply to be considered for subsequent authorization ((in the WIC program)).

(((d))) (6) The contractor or the WIC program may ((terminate)) end the contract at any time by submitting a written notice to the other party with thirty days ((in)) advance notice.

(((e))) (7) The contract is null and void in the event of a retailer closure or change in ownership.

(((f))) (8) The contractor cannot voluntarily withdraw from participating in the WIC program in order to avoid being disqualified.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-080, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-080, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-080, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-080, filed 10/27/92, effective 11/27/92; 91-23-078 (Order 215), 246-790-080, filed 11/19/91, effective 12/20/91. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-080, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-025, filed 6/6/90, effective 7/7/90; 88-14-037 (Order 2638), 388-19-025, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-085   What is expected of WIC retailers?   (1) ((The)) Retailers must comply with WIC program requirements and terms of the retailer contract, including any changes that occur during the contract period.

(2) ((The retailer must stock sufficient quantities of authorized WIC foods to meet the needs of WIC customers, but not less than the minimum stock levels.

(3) The retailer must redeem WIC checks made payable only to their store or with the words "any authorized WIC vendor."

(4) The retailer must accept WIC checks from a WIC customer on the "first day to use," the "last day to use," or any day in between the dates printed on the WIC check. The retailer must submit the WIC check for payment within sixty days from the "first day to use."

(5) The retailer must refuse WIC checks that have the purchase price missing, the client's signature missing, the "first day to use" or the "last day to use" missing, or that are dated too early or too late.

(6) The retailer must refuse WIC checks with purchase amounts over the "not to exceed" amount printed on the check.

(7) The retailer must write the actual purchase price of the specific quantity of WIC authorized foods on the WIC check before witnessing the WIC customer countersign the check.

(8) The retailer must accept only WIC checks on which the WIC customer's countersignature matches the first customer signature on the check.

(9) The retailer must refuse WIC checks that are altered in any way.

(10) The retailer must refuse WIC checks from any other retailer.

(11) The retailer must redeem WIC checks for only the supplemental WIC foods and in no more than the quantity specified on the check.

(12) The retailer must post the prices of WIC foods so they are visible to the public.

(13) The retailer must provide supplemental foods at the current price or at less than the current price charged to other customers.

(14) The retailer must not sell WIC-authorized foods after the manufacturer's expiration date.

(15) The retailer must reimburse the WIC program for documented overcharges and payments made on improperly handled WIC checks.

(16) The retailer must not seek restitution from WIC customers for WIC checks not paid, partially paid, or reclaimed by the WIC program, nor seek restitution through a collection agency.

(17) The retailer must not request cash or give change in a WIC transaction.

(18) The retailer must not impose a surcharge or charge sales tax on any food purchased with WIC checks.

(19) The retailer must refuse WIC customers' requests for exchanges or cash refunds for returned WIC foods. Exceptions may be made for exchange of food due to spoilage or expired date not noticed by the WIC customer at the time of the WIC transaction. The exchange must be for the identical WIC allowed brand and size as the original authorized food.

(20) The retailer must not issue rain checks, any form of credit, or otherwise charge the WIC program for foods not received by the WIC customer at the time the WIC check is redeemed.

(21) The retailer must treat WIC customers with the same courtesy provided to other customers.

(22) The retailer must comply with federal and state nondiscrimination laws.

(23) The contractor is responsible for the actions or inactions of its owners, officers, managers, employees, agents, and authorized retailers with regard to participation in the WIC program.

(24) The manager of the retailer or at least one authorized representative, such as head cashier, must attend the mandatory training on WIC program requirements and procedures prior to issuance of a contract and as otherwise required by the WIC program. All individuals receiving training must sign a document verifying their attendance and understanding of the contents of the training. The WIC program provides this training at no cost to the retailer.

(25) The individuals attending training must inform and train other employees on WIC program requirements and WIC check cashing procedures.

(26))) The WIC program will notify contractors and retailers of any changes to WIC program requirements in a timely manner.

(3) Retailers must provide access to ((its)) their facilities at all reasonable times for WIC program representatives to monitor, to provide training or technical assistance, and to evaluate performance, compliance, and quality assurance.

(((27) The)) (4) Retailers must provide access to redeemed WIC checks for the purpose of review by the program representative during any on-site visit.

(((28))) (5) Retailers must maintain inventory records, and provide WIC program representatives access to those records on request, showing all purchases, both wholesale and retail, for a period of at least one year after the expiration of the contract with the WIC program. These inventory records include, but are not limited to, shelf price records, wholesale receipts, cash and carry receipts, purchase orders, books of account, invoices that identify the quantity and prices of specific WIC foods, and other pertinent records that substantiate ((the volume and prices charged and provide WIC program representatives access to those records on request.

(29) Each retailer must provide the WIC program with a completed price list of authorized WIC foods on request or at least quarterly.

(30) The contractor must notify the WIC program in writing of any change of ownership, retailer name, location and/or cessation of operation for any reason at least thirty days before the effective date of the change)) shelf prices and where, when, and how much of each item was purchased. Records without specific identification of the name of the business where the food was purchased, the date purchased, the quantity, unit price, and name of food purchased are not acceptable as evidence.

(((31))) (6) Contractors and retailers must observe time lines, such as deadlines for submitting price lists and returning properly signed contracts. Failure ((of contractors)) to do so may result in denial or termination of authorization.

(((32) Contractors)) (7) Retailers must take corrective action as directed by the WIC program. ((Examples of corrective action include, but are not limited to, payment of monetary penalties and reimbursements, conducting monthly education buys, and filing requested progress reports.))

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-085, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-085, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-085, filed 8/6/97, effective 9/6/97.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-090   How are WIC retailer contracts monitored?   (1) The WIC program ((conducts on-site compliance)) reviews ((at)) retailers ((locations)) to monitor ((retailer)) compliance with program requirements in the following ways.

(2) Preauthorization visits.

(a) Visit is scheduled in advance.

(b) The WIC program representative confirms the information on the application, including information on WIC food stock levels and shelf prices.

(c) The WIC program representative provides training on the ((WIC Retailer Handbook that includes information on WIC foods and WIC check handling, and collects information on WIC food stock levels and shelf prices)) purpose of the program, WIC approved foods, required minimum stock levels, check handling procedures, sanctions, complaints, and claims.

(((c))) (d) The retailer signs the preauthorization visit form verifying receipt of the training, understanding of program requirements, and the commitment to train store personnel.

(3) Compliance visits.

(a) Visit may or may not be scheduled in advance;

(b) The WIC program representative may do some or all of the following during a visit: Review WIC check handling procedures, WIC food stock levels, ((expiration)) pull dates ((and)), shelf prices, WIC checks negotiated but not yet deposited, shelf price records, wholesale receipts, cash and carry receipts, purchase orders, books of account, invoices that identify the quantity and prices of specific WIC foods, and other pertinent records that substantiate the ((volume)) name of the business where the food was purchased, the date purchased, the quantities purchased, and prices charged; provide training or technical assistance; and verify implementation of a corrective action plan.

(c) The WIC program representative documents the name of the retailer, the name of the program representative, the names of all persons interviewed, the date of the visit, any problems or concerns detected, any corrective action plan required if problems are detected, and the signatures of the program representative and the retailer.

(d) The WIC program representative follows up in writing with the retailer if the retailer needs to correct a problem discovered during the compliance visit.

(4) Compliance purchases.

(a) The WIC program representative acts covertly;

(b) The program representative may make a purchase using WIC checks or may attempt trafficking;

(c) The WIC program representative completes a report ((on the visit)) itemizing information including, but not limited to, a description of the checker involved, the time and date of the transaction, the number of check stands opened and closed, other customers in line, exact items purchased and/or refused, the prices charged, comments of the checker, observations of the investigator or the investigative aide, any stock deficiencies noted, any other pertinent information, and the signature of the investigator.

(5) Price audits. The WIC program reviews actual prices charged by retailers on an ongoing basis.

(6) Inventory audits.

(a) The WIC program representative requests inventory records showing all purchases, both wholesale and retail((, by a contractor for a retailer)).

(b) Acceptable forms of inventory records include wholesale receipts, cash and carry receipts, purchase orders, books of account, invoices that identify the quantity and prices of specific WIC foods, and other pertinent records that ((substantiate the volume of WIC foods purchased and prices charged)) verify prices, name of the business where the food was purchased, the date purchased, and the quantity purchased.

((Cash register receipts)) (c) Records without specific identification of the name of the business where the food was purchased, the date purchased, quantity, unit price, and ((WIC)) name of food ((purchased)) are not acceptable as evidence ((of WIC food purchases)).

(((b))) (d) The WIC program representative compares the inventory records provided by the ((contractor)) retailer with information from preaudit on-site visits and the WIC data system ((showing the volume of WIC food purchased)) to determine any shortfalls in inventory compared to WIC redemptions.

(7) Selection criteria reviews.

(a) The WIC program may review a retailer's compliance with the retailer selection criteria any time during the contract period.

(b) The WIC program will review a new retailer's compliance with the retailer selection criteria at the end of their probation period.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-090, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-090, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-090, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-090, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-090, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-030, filed 6/6/90, effective 7/7/90; 88-14-037 (Order 2638), 388-19-030, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-100   What happens if I don't comply with the WIC retailer contract or ((rules)) requirements?   (1) Retailers who ((commit acts of noncompliance)) do not comply with WIC program requirements are at risk of losing their contract with the WIC program and may be liable to prosecution in accordance with federal regulations (7 CFR 246.12 and 7 CFR 246.23). ((Noncompliance is failure to follow WIC program requirements.)) Examples of noncompliance include, but are not limited to:

(a) Buying or selling WIC checks for cash (trafficking);

(b) Selling firearms, ammunition, explosives, or controlled substances for WIC checks;

(c) Selling alcohol, alcoholic beverages, or tobacco products for WIC checks;

(d) Buying infant formula from a wholesaler, distributor, retailer, or supplier not approved by the WIC program;

(e) Charging WIC for food not available to buy and having no documentation of having had enough food on the shelf for WIC clients to buy;

(((e))) (f) Providing unauthorized food or other items to WIC ((customers in lieu)) clients instead of, or in addition to ((authorized)), WIC ((supplemental)) approved foods;

(((f))) (g) Selling or offering to sell foods with expired shelf lives;

(((g))) (h) Selling more food than allowed on the WIC check;

(i) Charging the WIC program for foods not received by the ((customer)) client;

(((h))) (j) Charging the WIC program more for ((authorized)) WIC ((supplemental)) approved foods than other customers are charged for the same food;

(((i))) (k) Providing credit or nonfood items to ((customers)) clients in a WIC transaction;

(((j) Charging)) (l) Asking WIC ((customers)) clients for cash or giving change in a WIC transaction;

(((k))) (m) Redeeming WIC checks outside of authorized channels. For example, a retailer accepting WIC checks without having a signed contract with the WIC program; ((a retailer accepting WIC checks and redeeming them through a different authorized retailer or a different outlet of the same chain; or)) a retailer using WIC checks to repay debt at a different authorized retailer((. This also includes the)); or a retailer who receives and deposits the WIC checks from ((another retailer;)) an unauthorized source.

(((l))) (n) Failing to write the actual purchase price on the WIC check at the time of the WIC transaction;

(((m))) (o) Failing to maintain adequate stock of WIC foods on the retailer's shelves; and

(((n))) (p) Providing false information in connection with an application for WIC authorization.

(2) A retailer who willfully misapplies, steals, or fraudulently obtains WIC program funds valued at more than one hundred dollars will be subject to a monetary penalty of not more than twenty-five thousand dollars, imprisonment up to five years, or both. If the value of the funds is less than one hundred dollars, the sanctions are a monetary penalty of not more than one thousand dollars, imprisonment up to one year, or both.

(3) The WIC program may deny payment to, impose monetary penalties on, and disqualify retailers for noncompliance with WIC program requirements and terms of the retailer contract.

(((3))) (4) The WIC program must seek reimbursement from retailers for documented overcharges and for payments made on improperly handled WIC checks.

(((4))) (5) Retailers ((found in noncompliance)) who do not comply with WIC program requirements, except for the offenses listed in the first five rows of the table in subsection (((6))) (7) of this section, will be notified by the WIC program and given the opportunity to correct the ((deficiency)) problem. Methods of notification include, but are not limited to, technical assistance contacts and notice of correction letters. After the opportunity for corrective action, a retailer who ((repeats an act of noncompliance)) still does not comply will be subject to sanctions ((according to the sanction schedule)).

(((5))) (6) When the WIC program denies payment, imposes a monetary penalty, requests reimbursement, or disqualifies a retailer, the program must give the contractor written notice not less than fifteen days prior to the effective date of the action. Denial of authorization and permanent disqualification are effective the date the ((notice is received by the)) contractor receives the notice. Every notice must state what action is being taken, the effective date of the action, and the procedure for requesting an appeal hearing if the action is one ((which)) that can be appealed.

(((6))) (7) Per 7 CFR 246.12(l), the WIC program must ((disqualify the WIC)) sanction a retailer for the following:


Violation Length of Disqualification
Mandatory disqualification - no opportunity for correction Disqualification from the food stamp program by the USDA food and nutrition service; Time period corresponding to food stamp program disqualification
Conviction for trafficking in WIC checks or exchanging firearms, ammunition, explosives, or controlled substances for WIC checks; Permanent
One incidence of trafficking in WIC checks; Six years
One incidence of exchanging firearms, ammunition, explosives, or controlled substances for WIC checks; Six years
One incidence of exchanging ((any form of)) alcohol, alcoholic beverages, or tobacco products for ((a)) WIC checks; Three years
Notification and opportunity to correct before disqualification or monetary penalty A documented pattern of charging WIC for food not available to buy and having no documentation of having had enough food on the shelf for WIC clients to buy; Three years
A documented pattern of overcharging, including charging more than the shelf price and charging more than for non-WIC customers; Three years
A documented pattern of charging for food not received by the ((customer)) client; Three years
A documented pattern of redeeming WIC checks outside of authorized channels; Three years
A documented pattern of providing credit or nonfood items, other than alcohol, alcoholic beverages, tobacco products, cash, firearms, ammunition, explosives, or controlled substances as defined in 21 N.S.C. 802, in exchange for WIC checks; Three years
A documented pattern of selling unauthorized foods or selling more than the amount of food listed on the WIC check. One year
A documented pattern of purchasing infant formula from a person or business other than a wholesaler, distributor, retailer, or supplier approved by the WIC program. One year
A documented pattern of having no documentation that identifies where infant formula was purchased. One year

(((7))) (8) At the end of the disqualification period, the retailer must reapply to be considered for authorization.

(((8))) (9) Prior to disqualifying a retailer, the WIC program ((must consider whether the disqualification would create inadequate access to WIC foods for WIC clients)) considers program need. If the WIC program determines a retailer's disqualification ((would result in inadequate client access to WIC foods)) prevents clients from getting their WIC foods, the WIC program may impose a monetary penalty ((in lieu)) instead of disqualification.

(((9))) (10) Monetary penalties are calculated in accordance with federal regulations using the following formula:

(a) Average the retailer's monthly volume of WIC business over at least the six-month period ending with the month preceding when the notice to the retailer is dated;

(b) Multiply the average by ten percent (.10);

(c) Multiply that number by the number of months for which the store would be disqualified. This is the amount of the monetary penalty.

(((10))) (11) Monetary penalties must not exceed ten thousand dollars for each documented violation, except for convictions for trafficking WIC checks and for selling firearms, ammunition, explosives, or controlled substances for WIC checks. For ((a)) these violations ((warranting)) requiring permanent disqualification, the monetary penalty is ((ten)) eleven thousand dollars. If several violations are documented during the course of one investigation, the ((department)) WIC program must impose a monetary penalty for each violation, not to exceed a total of forty thousand dollars, except for convictions for trafficking WIC checks and for selling firearms, ammunition, explosives, or controlled substances for WIC checks. In this case, the monetary penalty is not to exceed forty-four thousand dollars.

(((11))) (12) Monetary penalties and reimbursements must be paid to the revenue section of the department within the time period specified in the notice. Retailers who fail to pay within the time period specified in the notice will be referred to a ((commercial)) collection agency and disqualified for the length of time corresponding to the violation.

(((12))) (13) When a retailer who has already been sanctioned for noncompliance is found out of compliance again, the ((department)) WIC program must double the sanction. A monetary penalty ((in lieu)) instead of disqualification is not an option for third or subsequent incidences of noncompliance.

(((13))) (14) A contractor who fails to ((give the specified notice)) notify the WIC program of closure((,)) or a change in ownership, retailer name, and/or location is liable for resultant costs incurred by the WIC program.

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-100, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-100, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-100, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-100, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-100, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-035, filed 6/6/90, effective 7/7/90; 88-14-037 (Order 2638), 388-19-035, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-120   How do I appeal a WIC decision I don't agree with?   (1) ((The contractor may appeal:

(a) Notice of denial of payment;

(b) Denial of authorization;

(c) An authorization determination made using retailer selection criteria;

(d) Termination of the retailer contract for cause;

(e) Termination of the retailer contract because of a change in ownership or location, or cessation of operations;

(f) Monetary penalty in lieu of disqualification;

(g) Reimbursement; or

(h) Disqualification.

(2) Actions not subject to appeal are:)) A request for an appeal hearing must be in writing and must:

(a) State the issue;

(b) Contain a summary of the retailer's position on the issue, indicating whether each charge is admitted, denied, or not contested;

(c) State the name and address of the contractor and retailer requesting the appeal hearing;

(d) State the name and address of the attorney representing the retailer, if applicable;

(e) State the retailer's need for an interpreter or other special accommodations, if necessary; and

(f) Have a copy of the notice from the program attached.

(2) A request for an appeal hearing must be filed at the Department of Health, Adjudicative Service Unit, P.O. Box 47879, Olympia, WA 98504-7879, with a copy sent to the WIC program at P.O. Box 47886, Olympia, WA 98504-7886. The request must be made in writing within twenty days of the date the retailer received the notice.

(3) The decision concerning the appeal must be made within ninety days from the date the request for an appeal hearing was received by the adjudicative service unit. The time for rendering the decision may be extended by as many days as all parties agree to with good cause.

(4) The retailer may not appeal:

(a) Expiration ((or nonrenewal)) of a WIC contract;

(b) The validity or appropriateness of ((client access)) criteria used to determine program need and effective administration of the program;

(c) ((The department)) Determinations regarding ((inadequate client access to WIC foods)) program need and effective administration of the program;

(d) The validity or appropriateness of retailer limiting or selection criteria;

(e) The validity or appropriateness of the WIC program's criteria for determining whether a retailer receives or is expected to receive more than fifty percent of their total annual food sales from WIC transactions.

(f) The WIC program's determination whether the retailer had an effective policy and program in place to prevent trafficking and whether ownership was aware of, approved of, or was involved in the violation;

(((f))) (g) Disputes regarding check payments and claims (other than the opportunity to justify or correct an overcharge or other check error); and

(((g))) (h) Disqualification based on a food stamp program disqualification.

(((3))) (5) When the action being appealed is disqualification, the retailer must cease redeeming WIC checks effective the date specified in the notice and must not accept WIC checks during the appeal period. The ((department)) WIC program will not pay any WIC checks redeemed by a retailer during a period of disqualification.

(((4) A request for an appeal hearing must be in writing and:

(a) State the issue;

(b) Contain a summary of the contractor's position on the issue, indicating whether each charge is admitted, denied, or not contested;

(c) State the name and address of the contractor requesting the appeal hearing;

(d) State the name and address of the attorney representing the contractor, if applicable;

(e) State the contractor's need for an interpreter or other special accommodations, if necessary; and

(f) Have a copy of the notice from the program attached.

(5) A request for an appeal hearing must be filed at the Adjudicative Clerk's Office, Department of Health, 1107 Eastside St., P.O. Box 47879, Olympia, WA 98504-7879. The request must be made within twenty-eight days of the date the contractor received the notice.

(6) The decision concerning the appeal must be made within sixty days from the date the request for an appeal hearing was received by the Adjudicative Clerk's Office. The time for rendering the decision may be extended by as many days as all parties agree to with good cause.))

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-120, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-120, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-120, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-120, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-120, filed 12/18/90, effective 1/18/91; 90-12-112 (Order 2960), 388-19-045, filed 6/6/90, effective 7/7/90; 88-18-022 (Order 2681), 388-19-045, filed 8/30/88; 88-14-037 (Order 2638), 388-19-045, filed 6/30/88.]


AMENDATORY SECTION(Amending WSR 02-11-107, filed 5/20/02, effective 6/20/02)

WAC 246-790-130   How does the WIC program get input from the food industry?   (1) The WIC program may establish a retailer advisory committee for the purpose of soliciting input on policies, procedures, and other matters pertinent to retailer participation in the WIC program.

(2) The retailer advisory committee meets at least two times per year.

(3) The membership of the retailer advisory committee consists of representation ((of)) from at least the following:

(a) Washington Food Industry;

(b) ((Manager or checker trainer from a)) Large chain;

(c) ((Manager or checker trainer from a)) Small chain;

(d) Independent retailer (single store);

(e) Minority-owned retailer;

(((e) Instructor of a)) (f) Military commissary;

(g) Loss prevention or risk manager or human resources representative from any size retailer;

(h) Technical college checker training program ((with a technical college)) instructor;

(((f))) (i) Local WIC agency staff person;

(((g))) (j) Current or former WIC client; and

(((h) Administrative representative, such as loss prevention or risk manager or human resources representative, from any size retailer;

(i) Owner of an independent retailer (single store);

(j))) (k) A union representative((; and

(k) A military commissary)).

[Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. 02-11-107, 246-790-130, filed 5/20/02, effective 6/20/02. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246.12, 15, and 18. 00-13-009, 246-790-130, filed 6/9/00, effective 7/10/00. Statutory Authority: RCW 43.70.120. 97-16-117, 246-790-130, filed 8/6/97, effective 9/6/97; 92-22-036 (Order 314), 246-790-130, filed 10/27/92, effective 11/27/92. Statutory Authority: RCW 43.20A.550. 91-01-097 (Order 3117), recodified as 246-790-130, filed 12/18/90, effective 1/18/91; 88-18-022 (Order 2681), 388-19-050, filed 8/30/88; 88-14-037 (Order 2638), 388-19-050, filed 6/30/88.]