TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.425 WIC RETAIL VENDOR RESPONSIBILITIES


 

Section 672.425  WIC Retail Vendor Responsibilities

 

a)         The Vendor shall monitor the WIC Foods approved by the USDA and shall furnish only the prescribed quantities, types and brands of food specified on the Food Instrument. Pharmacies or drug stores  shall be exempt from the minimum stock requirements of those foods that are not in the infant package. However, these establishments must have the ability to supply special formula in the necessary quantities upon request within 24 hours.

 

b)         The Vendor shall accept Food Instruments only within the time limits indicated on the Food Instruments and shall not receive payment for Food Instruments submitted before the "First Day to Use" or after the "Last Day to Use".

 

c)         The Vendor shall be responsible for payment and replacement of a lost, stolen or destroyed Vendor Number Stamp.

 

d)         The Vendor shall display the price of WIC Foods, charged to the general public, in clear view of customers, identifying the price of the specific WIC Food item.

 

e)         The Vendor shall provide WIC Foods to Participants, Proxies or Department Representatives at the same price or less than the price charged to non-WIC customers.

 

f)         The Vendor shall accept Food Instruments only from WIC Participants, Proxies or Department Representatives who present a WIC Participant Identification Card.

 

g)         The Vendor shall not issue a WIC Participant, Proxy or Department Representative any document (e.g., rain check) purporting to give the WIC Participant, Proxy or Department Representative the right to buy a WIC Food item or non-WIC Food item after the Food Instrument is signed by the Participant, Proxy or Department Representative.  The Vendor shall not exchange any WIC Food item under any circumstances.

 

h)         The Vendor shall charge the Department sale prices. The value of coupons and discounts shall be deducted from the price charged to the Department. The Participant, Proxy or Department Representative shall not be given cash for the difference.

 

i)          The Vendor shall participate in an annual WIC training program as specified in Section 672.310.

 

j)          The Vendor shall be responsible for all Food Instruments accepted and processed for payment by current and former employees at the Vendor Site. The Vendor shall also be responsible for the accuracy of any information submitted to the Department by such employees.  The Vendor shall be responsible for reviewing Food Instruments which have been accepted to make certain that the total cost does not exceed the posted shelf prices or the prices charged to non-WIC customers.

 

k)         The Vendor shall abide by the USDA WIC Regulations, the Act, and this Part.

 

l)          The Vendor and his Business Entity shall be subject to review by the Department or USDA for the time period covering any present or previous Authorization.  Documents to be maintained by the Vendor shall include but not be limited to:

 

1)         Original purchase order, including purchase order date; and

 

2)         Original vendor invoices, showing date, showing date received, revealing description of items  received, showing vendor model or item number, listing stock keeping unit identification number of item received (if different than the vendor unit ID number), listing quantity received by item, identifying item unit costs, furnishing item cost extension (item cost multiplied by item quantity received), and showing initials of employee receiving and counting inventory on behalf of store.

 

The Vendor shall maintain all records of purchases, gross sales receipts, and invoices of all WIC and non-WIC Foods for a period not less than 3 years.  The original of such records shall be made available to the Department or USDA upon reasonable request.  The Vendor shall also provide the Department and USDA the opportunity to inspect all Food Instruments located at the Vendor Site or under the control of the Vendor.

 

m)        The Vendor shall respond truthfully and accurately to Department initiated requests for Retail Vendor Price Surveys, verification of ownership of the Business Entity or Vendor Site, proof of WIC and non-WIC purchases and sales, and proof of the volume of alcoholic beverage sales. Such responses shall be in writing and be provided within 15 calendar days after receipt of the Department's request.

 

n)         The Vendor shall maintain all refrigerated areas at temperature of 40 degrees F or below.

 

o)         The Vendor shall not exchange Food Instruments for any form of currency, or other items of value, nor provide the Participant, Proxy or Department Representative with any amount of currency or coin as change from a partial WIC Food transaction.

 

p)         The Vendor shall not seek restitution from WIC Participants, Proxies or Department Representatives for Food Instruments not paid by the Department or fines levied by the Department, a financial institution or the Department's contract bank. The Vendor shall not seek or receive restitution from the Department for monetary penalties for rejected Food Instruments.

 

q)         The Vendor shall not charge sales taxes for WIC Foods, as the Department is exempt from such tax under tax number E9984-0987-03.

 

r)          The Vendor shall reimburse the Department for any Food Instruments redeemed in violation of the USDA WIC Regulations, the Act, this Part or the WIC Vendor Contract.

 

s)         Neither Authorization as a WIC Vendor nor the WIC Vendor Contract constitutes employment between the Vendor and the Department as a State employee or provides eligibility for any employee benefits provided by the State of Illinois.

 

t)          The Vendor shall offer the same courtesies to WIC Participants, Proxies or Department Representatives as offered to other customers.

 

u)         When material information included in the Vendor's Application changes, the Vendor, by Certified Mail, shall notify the Department in writing, within 30 calendar days.

 

v)         The Vendor shall not deny a Participant, Proxy or Department Representative any WIC Foods indicated on the Food Instrument that the Vendor has in stock.

 

w)        Neither the Vendor, nor his employee, shall require that a Participant, Proxy or Department Representative exchange their selection of WIC Foods because the WIC Foods selected exceed the maximum value of the Food Instrument.  Nor shall the Vendor request or accept any remuneration for the difference between the Participant selected WIC Foods and the maximum value of the Food Instrument.

 

x)         The vendor shall allow WIC Participants, Proxies or Department Representatives freedom to select any WIC Foods in stock at the Vendor Site.

 

y)         The Vendor shall not maintain in shelf stock any WIC Foods that meet the definition of "Expired Food".  (See Section 672.100.)

 

z)         The Vendor shall not accept for payment or credit an unsigned Food Instrument.

 

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