TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.210 AUTHORIZATION CRITERIA AND PROCEDURES


 

Section 672.210 Authorization Criteria and Procedures

 

a) Only WIC Retail Vendors authorized by the Department shall be eligible to accept Food Instruments or otherwise provide supplemental foods to WIC Participants, Proxies or Department Representatives. Any Applicant seeking Authorization to become a WIC Retail Vendor has an obligation to meet the following criteria before Authorization. In addition, any authorized Vendor has a continuing obligation to meet the below listed criteria during the period of Authorization:

 

1) The Vendor Site shall be located within the boundary lines of the State of Illinois.

 

2) The Vendor Site shall have a fixed and permanent location. This site shall be the address indicated on the WIC Vendor Application and shall be the location where a WIC Participant, Proxy or Department Representative shall select WIC Foods during business hours.

 

A) This site shall not be at an address or within any building where Food Instruments are distributed to WIC Participants.

 

B) The price charged to the WIC Program for WIC Foods provided through Participant Requested Delivery shall not exceed those prices charged to cash paying customers nor the prices posted at the Vendor Site. The Vendor shall not charge for delivery of WIC Foods.

 

3) Each Vendor Site listed in the Application shall have 70% or more gross receipts from the sale of non-alcoholic products and the percentage of sales revenue from food purchased with WIC food instruments shall not exceed fifty percent (50%) of total food stamp eligible food sales.

 

4) Authorization to participate in the USDA Food Stamp Program or any other federal food program is not a prerequisite for Authorization as a WIC Retail Vendor. If, however, an Applicant or Vendor has been authorized to participate in the USDA Food Stamp Program or other federal food program, he shall not have been denied, suspended, disqualified, terminated, or assessed a civil money penalty during the 2 years preceding Application for Authorization as a WIC Retail Vendor.

 

5) Neither the Applicant, Vendor, nor any officers or officials shall have been involved in bribery as prohibited under Section 50-5 of the Illinois Procurement Code [30 ILCS 500/50-5].

 

6) The Applicant or approved Vendor shall be barred from receiving State contracts as a result of any default on any educational loans as that term is defined in the Educational Loan Default Act [5 ILCS 385].

 

7) Neither the Applicant, Vendor, nor his or her spouse or minor children shall hold an elective office in the State of Illinois, a seat in the General Assembly, appointment or employment in any of the offices of State government during the period of any WIC Vendor Authorization as prohibited under Section 50-13 of the Illinois Procurement Code [30 ILCS 500/50-13].

 

8) Neither the Applicant, Vendor, its officers, directors, individual partners, nor their spouses or minor children who owns more than 7% ownership or beneficial interest in the Business Entity seeking Authorization to participate in the WIC Program shall be employed by the WIC Program of a Local Agency.

 

9) Neither the Applicant, nor the Vendor shall have been convicted of a misdemeanor involving fraud, misuse or theft of State or federal funds or of any felony.

 

10) The Applicant or Vendor shall be barred from bidding on or entering into a WIC Vendor Contract as a result of a violation of Sections 33E-3 or 33E-4 of the Criminal Code of 1961.

 

11) Neither the Applicant, Vendor, nor any owner of 30% or more ownership shall have been terminated or disqualified from the WIC Program in the previous 3 years.

 

12) The Applicant or Vendor shall adhere to the provisions of the USDA WIC Regulations, the Act, and this Part.

 

13) With the exception of a Pharmacy, if the Applicant is a current or former Vendor, the Applicant's charges to the WIC Program as a percentage of the Department Estimated Cost may be ranked against other current or former Vendor Applicants and may be used as an Authorization criteria in order to meet the minimum number of Vendors needed in a region (Section 672.200) (7 CFR 246.12(e)(2)).

 

b) Applicants shall be authorized as WIC Retail Vendors based upon the following:

 

1) An Application and all supporting documents shall be properly completed and verified by the Department. No Application shall be deemed complete unless it includes all necessary supporting documents required by this Part.

 

2) The Applicant's proposed Vendor Site shall be visited by the Department.

 

A) The Department shall conduct an education visit of the proposed Vendor Site after receipt of a completed Application. Such a visit shall determine whether the Applicant has the minimum quantities, sizes, and types of WIC Foods and shall verify any business or financial information submitted by the Applicant. The Department shall also review and document whether the infant formula maintained as inventory was purchased from an approved source. Food products originating from WIC Food Centers or CSFP or "expired" infant formula shall not be counted towards the minimum quantities, sizes, and types of WIC Foods.

 

B) If the education visit by the Department discloses that the Applicant's proposed Vendor Site does not have the minimum quantities, sizes, and types of WIC Foods necessary or that business or financial information supplied by the Applicant is erroneous, inaccurate or insufficient, a second visit shall be scheduled. If the second visit does not meet the requirements as stated above, the Application shall be denied.

 

3) The minimum quantities, sizes, and types of WIC Foods necessary at a Vendor Site are those specified in the WIC Vendor Contract. A copy of this list shall be provided to each Applicant and authorized Vendor.

 

4) The Applicant shall be notified by the Department, within 30 calendar days, whether the visit of the proposed Vendor Site, the business, the financial, or other information provided by the Applicant meets the criteria set forth in this Part. If the Applicant meets such criteria, he shall be notified in writing of approval to attend the initial Retail Vendor training course or of his eligibility for an initial Retail Vendor training course or of his eligibility for an initial Retail Vendor training course waiver. (See Section 672.300.)

 

5) The Department shall conduct a price survey of the Applicant's WIC Foods. The cost of the WIC Foods will be compared to the Department Estimated Cost. If the Applicant's price exceeds the Department Estimated Cost by 25%, the Application shall be denied. Stores that apply as a "pharmacy" are exempt from competitive price analysis.

 

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