TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.100 DEFINITIONS


 

Section 672.100  Definitions

 

"Act" means the WIC Vendor Management Act [410 ILCS 255].

 

"Administrative Law Judge" means any person appointed by the Secretary to preside at an Administrative Hearing.

 

"Applicant" means the individual, partnership, limited partnership, unincorporated association, limited liability company, or corporation applying to be a WIC Retail Vendor.

 

"Application" means the application forms and other required materials submitted by a Business Entity to notify the Department that the Business Entity desires to become a WIC Retail Vendor.

 

"Approved Source" means a wholesaler, retailer or manufacturer of infant formula listed by the Department as an approved purchase point for infant formula.

 

"Authorization" means the approval of an Applicant who has met the WIC Vendor criteria and possesses a properly executed, valid WIC Vendor Contract as a WIC Retail Vendor.

 

"Business Entity" means the retail business which an Applicant or authorized WIC Vendor operates at a particular Vendor Site.

 

"Corporate Officer" means the identity of the officer of a Corporation as set forth in its Articles of Incorporation as filed with the Secretary of State wherein such entity is incorporated.

 

"CSFP" means the Commodity Supplemental Food Program which is a Federal food assistance program through which the Department or its Representative provide U.S. Government commodities to low-income women, infants and children and eligible elderly.

 

"Department" means the Illinois Department of Human Services. (Section 3(a) of the Act)

 

"Department Estimated Cost" means estimated prices based on indicators including wholesale prices for WIC foods and the self reported Vendor prices on the Vendor Retail Price Survey, which are averaged and weighted by Store Type and Region.

 

"Department Representative" or "Representative of the Department" means an employee or authorized agent of the Department.

 

"Education Visit/Visit" means a survey of an applicant/Vendor site where the monitor and the designated store representative review the criteria for authorization as a retail WIC Vendor.

 

"Expired Food" means WIC approved infant formula available to WIC Participants on a store shelf which exceeds the stamped date printed on the food item labeled as "use before      " date, printed on the item.

 

"Fifty Percent Vendor" means any vendor that makes more than half of its Food Stamp eligible sales from the transaction of WIC food instruments.

 

"Fine" means an amount of money imposed as a penalty.

 

"Food Instrument" or "FI" means a negotiable voucher issued by a Local Agency that specifies the quantity, size and type of authorized foods available to a WIC Participant within a designated time period, which can subsequently be taken to a Vendor in exchange for the specified quantities of food.

 

"Food Stamp Eligible Sales" means revenue from food that may legally be purchased with the Food Stamp Link Card.

 

"Food Voucher" means Food Instrument.

 

"Grocery Store" means a fixed and permanent retail store whose primary business is the sale of food.

 

"IAPA" means the Illinois Administrative Procedure Act  [5 ILCS 100].

 

"Illinois WIC Retail Food Delivery System" means the system in which Participants obtain WIC foods by submitting a Food Voucher to a WIC Retail Vendor.

 

"Invalid Vendor" is a rejection label which means a Food Instrument deposited or mailed by a Vendor which has been encoded and rejected by the Department's contract bank for the following reasons:  the Food Instrument has not been stamped with the Vendor Number, the Vendor Number is unauthorized, unreadable, not in the space indicated, or a counterfeit Vendor Stamp is used. Typed or handwritten numbers shall not be accepted.

 

"Limited Liability Company" means a company organized and existing under the Limited Liability Company Act [805 ILCS 180].

 

"Local Agency" means a public or private, non-profit health or human services agency which provides health services, either directly or through contract, in accordance with the USDA WIC Regulations, the Act, or this Part.

 

"Minimum Supply of WIC Foods" means the Department published list of the minimum required quantities, sizes, and types of WIC Foods which must be maintained in stock at all times by a Vendor.

 

"Participant" means authorized pregnant women, breast feeding women, postpartum women, infants or children who are receiving supplemental foods or Food Instruments under the WIC Program.

 

"Participant Access" means the determination by the Department as to the availability of authorized Vendors within a geographic area.

 

"Participant/Vendor Ratio" means the total number of WIC Participants redeeming Food Instruments through WIC Retail Vendors in a given region divided by the total number of WIC Retail Vendors in the same region.

 

"Pharmacy" means any store, shop, department, or other place, at a fixed and permanent location, having the capability to dispense and sell or offer for sale at retail value by a licensed pharmacist drugs, medicines, poisons, and liquid foods, prescribed for an individual by dentists, veterinarians, and physicians licensed to practice medicine in all its branches.

 

"Posted Shelf Price" means the displayed price of WIC Foods charged to the general public, identifying the price of the specific WIC Food item including any sales price or discounts. When no price is posted, the Posted Shelf Price shall be deemed to be the average price for a particular food item based on the Retail Vendor Price Survey for stores of like size and location.

 

"Probation" means a period of time during which the Vendor will be under increased scrutiny by the Department.

 

"Proxy" means a person who is authorized by the Local Agency and the WIC Participant to accept and/or redeem Food Instruments on a participant's behalf.

 

"Region" means a geographic area in the State of Illinois which is identified by specific boundaries determined by the Department.  (See Section 672.Appendix A.)

 

"Retail Vendor Price Survey" means the current prices, reported to the Department, by a Vendor or a Department Representative, as charges for WIC Foods.

 

"Secretary" means the Secretary of the Illinois Department of Human Services or designee.

 

"Store Type" means the classification of WIC Retail Vendors by the number of active customer check-out lanes/cash registers.  One or two lanes is a type 1 Vendor Site.  Three or four lanes is a type 2 Vendor Site.  Five to seven lanes is type 3 Vendor Site.  Eight or more lanes is a type 4 Vendor Site.  A Pharmacy is a type 5 Vendor Site and a WIC Food Center is a type 6 Vendor Site.

 

"USDA" means the United States Department of Agriculture.

 

"USDA WIC Regulations" means the Regulations of the United States Department of Agriculture, Food and Consumer Service, Special Supplemental Nutrition Program for Women, Infants, and Children  (7 CFR 246 (1999)).

 

 

"Vendor" or "WIC Retail Vendor" means the individual, partnership, limited partnership, unincorporated association, limited liability company, or corporation authorized by the Department to accept Food Instruments and to provide supplemental food to WIC Participants, Proxies of WIC Participants or Department Representatives.

 

"Vendor Number" means the number assigned to an authorized Vendor by the Department for validating Food Instruments.

 

"Vendor Site" means a fixed and permanent location, operating as a Business Entity, listed in the WIC Vendor Application, which has been authorized by the Department for purposes of delivery of WIC Foods to WIC Participants or the Proxy of a WIC Participant.

 

"Vendor Stamp" means the stamp provided to a Vendor by the Department for validating Food Instruments.

 

"Violation" means an infringement of Federal or State rules or statutes or local laws.

 

"WIC Food Centers" are WIC food distribution sites through which the Department or its Representative provide the direct distribution of WIC foods.

 

"WIC Food List" means the published list of the State of Illinois authorized WIC Foods.

 

"WIC Foods" means those competitively priced foods which have been placed on the WIC Food List, which have been determined by the Department to be nutritionally qualified for the WIC Program in the State of Illinois.

 

"WIC Participant Identification Card" means the card issued by a Local Agency to a Participant for purposes of the WIC Program.

 

"WIC Retail Vendor Contract or WIC Vendor Agreement" means an agreement signed by the WIC Retail Vendor and the Department for the provision of WIC Foods to Participants, the Proxies of WIC Participants or Department Representatives.  A valid WIC Retail Vendor Contract is binding only between the Department and the officer, partner or sole proprietor who originally signed the Vendor Application.  It authorizes the contractor to operate as a WIC Vendor.

 

"Women, Infants and Children Nutrition Program" and "WIC" mean the Federal Special Supplemental Nutrition Program for Women, Infants and Children authorized by Section 17 of the Child Nutrition Act of 1966, as amended (42 USC 1786).  (Section 3(a) of the Act)

 

(Source:  Amended by peremptory rulemaking at 30 Ill. Reg. 14602, effective September 1, 2006)