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10.54.03.00.htm 10.54.03.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 54 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) Chapter 03 Retail Food and Pharmacy Vendors Authority: Health-General Article, §2-104(b) 18-107(a) and 18-108, Annotated Code of Maryland
10.54.03.01.htm 10.54.03.01. 01 Scope.. This chapter specifies the policies and procedures for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to authorize vendors to redeem WIC food instruments and provide foods to WIC participants.
10.54.03.02.htm 10.54.03.02. 02 Incorporations by Reference.. In this chapter, the following documents are incorporated by reference:. A. 42 U.S.C. §1786, as amended; and. B. 7 CFR 15-15b and 246, as amended..
10.54.03.03.htm 10.54.03.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Above 50 percent vendor" means a vendor that derives or will derive after commencement of business more than 50 percent of the vendor's annual food sales revenue from WIC food instruments.2) “Accounting records” means:. a) Legible records that show actual numbers of eligible food sales from the vendor and not an estimated number or percentage of eligible food sales; and
10.54.03.04.htm 10.54.03.04. 04 Authorization Requirements.. A. A store shall obtain authorization to operate as a WIC vendor from the State agency before redeeming food instruments.B. A store:. 1) May not redeem WIC food instruments unless the store is authorized as a WIC vendor by the State agency;2) Constitutes a separate vendor and shall be authorized separately from other stores operated by the same business entity; and3) Shall have a single, fixed location, except if the authorization of a mo
10.54.03.05.htm 10.54.03.05. 05 Requirements for Military Commissaries.. A. The State agency shall authorize a military commissary vendor applicant that complies with the requirements of §B of this regulation.B. To become an authorized WIC vendor, a military commissary shall complete and sign a vendor agreement based on the memorandum of understanding jointly prepared by the USDA and the United States Department of Defense, in place of the vendor agreement defined in Regulation .03B of this chapter.
10.54.03.06.htm 10.54.03.06. 06 Food Packages for Peer Group Price Calculation.. A. The State agency shall group the food items on the vendor price list form into the following food packages:1) Foods for an infant 4 months old or older but younger than 13 months old:. a) 31 13-fluid-ounce cans of concentrated liquid infant formula with iron as specified in the WIC infant formula rebate contract;b) 24 ounces of dry infant cereal; and. c) 128 ounces of infant vegetables and fruit;.
10.54.03.07.htm 10.54.03.07. 07 Vendor Application Packet and Dates.. A. The State agency shall provide an application packet to a vendor that requests it.. B. The application packet shall consist of the following:. 1) An overview of the WIC Program;. 2) The minimum requirements for authorization;. 3) The WIC-authorized foods list;. 4) The minimum required stock list;. 5) Instructions for completing the application for vendor authorization;. 6) An application for vendor authorization;.
10.54.03.08.htm 10.54.03.08. 08 On-Site Review of Vendor Applicants.. A. A military commissary is exempt from State on-site reviews.. B. Except as provided in §A of this regulation, the State agency shall conduct an unscheduled on-site review of a vendor applicant’s store within 60 days of receipt of an application to ensure that the store meets the requirements for authorization as set forth in Regulation .04C(1)7) and .04D of this chapter.
10.54.03.09.htm 10.54.03.09. 09 Grant, Retention, and Denial of Authorization.. A. The State agency shall grant or deny authorization to a vendor applicant within 60 days of receipt of an application.B. Authorization Granted. The State agency shall grant authorization if the vendor applicant's store meets the requirements for authorization as set forth in Regulation .04 of this chapter.C. Authorization Retained. A vendor retains its authorization until the:. 1) Vendor’s authorization is terminated as a sanct
10.54.03.09-1.htm 10.54.03.09-1. 09-1 Price Determinations.. A. The WIC Program shall calculate:. 1) Average regional prices according to the six regions as set forth in Regulation .03B(31)36) of this chapter; and2) Peer group averages according to the peer groups set forth at Regulation .03B(24) of this chapter.B. The WIC Program may implement price determinations that are applicable statewide, or to specific peer groups, provided that vendors receive 30 days notice of the intended determination.
10.54.03.10.htm 10.54.03.10. 10 Food Package Prices After Authorization.. A. After authorization, a vendor, other than a pharmacy only or military commissary, shall maintain prices for each of the food packages set forth in Regulation .06A of this chapter that are less than or equal to 125 percent of the peer group average for each food package.B. Upon request of the State agency, a vendor, other than a pharmacy or military commissary, shall submit on the vendor price list form or through the
10.54.03.11.htm 10.54.03.11. 11 Maximum Reimbursement to Vendors.. A. Food Store, Food Store/Pharmacy Combination, and Pharmacy Only Vendors. The State agency shall establish a maximum price payable for each food instrument, which shall be calculated as follows:1) Based on the WIC Management Information System calculation, the State agency shall determine every month the peer group average for each food instrument;2) The State agency shall utilize the semi-annual price submissions by vend
10.54.03.12.htm 10.54.03.12. 12 Recovery of Excess Charges.. A. The State agency, through prepayment and postpayment edit review of food instruments, shall ensure that excess charges do not occur.B. If the State agency determines that excess charges have occurred as a result of software, bank, or other error, the State agency reserves the right to bill a vendor for excess charges.C. The State agency may not bill a vendor if the vendor's excess charges total $25 or less..
10.54.03.13.htm 10.54.03.13. 13 WIC-Authorized Foods.. A. The State agency shall:. 1) Maintain the WIC-authorized foods list; and. 2) Make the list available to all participants and authorized WIC vendors.. B. A vendor shall keep a copy of the Program’s current WIC-authorized foods list:. 1) At each cash register where WIC transactions are handled; and. 2) On-site at the authorized vendor location along with the vendor manual.. C. The WIC-authorized foods list shall be used in conjunction with the WIC
10.54.03.14.htm 10.54.03.14. 14 Minimum Required Stock.. A. A food store or food store/pharmacy combination vendor shall maintain in the store during regular business hours the following minimum stock:1) Fluid milk:. a) 4 gallons whole; and. b) 10 gallons 1-percent or fat-free;. 2) 6 dozen medium or large white eggs;. 3) Domestic cheese:. a) Four varieties;. b) A total of 6 pounds;. c) 8 or 16-ounce packages only; and. d) Block or sliced;. 4) Unsweetened 100-percent fruit juice:. a) Two varieties; and.
10.54.03.15.htm 10.54.03.15. 15 Required Vendor Practices.. A. The State agency or its representative shall conduct inventory audits, compliance buys, and monitoring to ensure that authorized vendors comply with required vendor practices.B. General Requirements.. 1) A vendor shall:. a) Maintain the required minimum stock in the store during business hours;. b) Post the State agency’s WIC sign, or a vendor developed WIC sign that the State agency has approved for use, in a conspicuous place on the store pr
10.54.03.16.htm 10.54.03.16. 16 Vendor Sanctions.. A. The Program may sanction a vendor that fails to comply with a required practice in Regulation .15B(1)a)k) and (q) (2)b) and (f)h) C(1)a)g) and (h)n) (2)a)c) and (e)f) (3) and D(1)a)b) and (e) and (2)a) of this chapter as follows:1) Written warning following each violation;. 2) Disqualification for 1 year for a pattern of violations of the same provisions within a 12-month period; and
10.54.03.17.htm 10.54.03.17. 17 Additional Penalties for Program Violations.. In addition to the State agency sanctions set forth in Regulation .16 of this chapter, and pursuant to 7 CFR §246.12(f)xiv) and 246.23(d) a vendor that commits fraud and abuse of the Program may be liable to prosecution under federal, State, and local laws.
10.54.03.18.htm 10.54.03.18. 18 Vendor Appeals.. A. Except as otherwise provided in this regulation, the procedures set forth in COMAR 10.01.03, and not the procedures set forth in COMAR 10.01.06, govern appeals by vendors and vendor applicants.B. Notice.. 1) Not less than 15 days in advance of the effective date of the proposed Program action, the Program shall provide notice to a vendor applicant, or vendor whose application is proposed to be denied or authorization is proposed to be disqualified, on
10.54.03.19.htm 10.54.03.19. 19 Participant Hardship.. A. Except for the sanction prescribed in Regulation .16E of this chapter, the State agency may determine that a participant hardship would exist if a vendor is disqualified and one of the following conditions would result:1) At least ten participants have to travel more than 2 miles to reach a vendor;. 2) A physical barrier or condition exists that would make normal travel to another vendor impossible; or3) Ten or more participants can only be served pro
10.54.03.20.htm 10.54.03.20. 20 Conflict of Documents.. If the provisions of this chapter conflict with the WIC State plan or other policies of the Program, the provisions of this chapter prevail.
10.54.03.21.htm 10.54.03.21. 21 Conflict of Laws.. If the provisions of this chapter conflict with federal statutes and regulations, including those incorporated by reference in Regulation .02 of this chapter, the federal statutes and regulations prevail.
10.54.03.9999.htm 10.54.03.9999. Administrative History Effective date:. Regulations .01―21 adopted as an emergency provision effective November 1, 1995 (22:22 Md. R. 1655 and 22:23 Md. R. 1796) emergency status expired May 1, 1996Regulations .03, .04, .07, and .10―16 amended as an emergency provision effective November 1, 1996 (23:24 Md. R. 1679) amended permanently effective February 24, 1997 (24:4 Md. R. 292)Regulation .13 amended as an emergency provision effective July 1, 1998 (25:14 Md. R. 1128) amended
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