Register July 2011 No. 667
Chapter DHS 149
THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS AND CHILDREN (WIC)
Subchapter I — General Provisions
Authority and purpose.
Subchapter II — Vendor Authorization And Responsibilities
Food distribution centers.
Minimum requirements for vendor authorization.
Action on application.
Subchapter III — Monitoring, Vendor Violations and Sanctions
Monitoring of vendors.
Mandatory vendor disqualification.
Discretionary vendor sanctions.
Civil money penalty in lieu of disqualification.
Reciprocal food stamp program actions.
Voluntary withdrawal or non-renewal of agreement.
Vendor and food distribution centers appeals.
Subchapter IV — Participants and Proxies
Conditions of eligibility.
Notification of participant responsibilities.
Denial or disqualification.
Terminating or suspending WIC benefits due to shortage of funds.
Mandatory participant or proxy disqualification.
Ch. DHS 149 Note
Chapter HSS 149 was created as an emergency rule effective June 7, 1986. Chapter HSS 149 was renumbered Chapter HFS 149 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, August, 1997, No. 500
. Chapter HFS 149 as it existed on June 30, 2008, was repealed and a new chapter HFS 149 was created Register June 2008 No. 630
, effective July 1, 2008. Chapter HFS 149 was renumbered chapter DHS 149 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637
DHS 149.01 Authority and purpose.
This chapter is adopted pursuant to ss. 46.016
, 227.11 (2) (a)
and 253.06 (5) (a)
, Stats., and a state plan under s. 253.03
, Stats., and 7 CFR 246
. This chapter establishes the criteria for approval of grocery stores and pharmacies as authorized vendors to sell foods to participants under the special supplemental nutrition program for women, infants and children (WIC). This chapter also establishes criteria for individuals who receive or apply to receive benefits under the WIC program. The WIC program was established under section 17 of the Child Nutrition Act of 1966, as amended, 42 USC 1786
and 7 CFR 246
DHS 149.01 History
History: CR 07-115
: cr. Register June 2008 No. 630
, eff. 7-1-08;
correction made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.
DHS 149.02 Applicability.
This chapter applies to applicants for WIC vendor authorization, authorized vendors, WIC participants, applicants for WIC program benefits, and persons serving as proxies for participants.
DHS 149.02 History
History: CR 07-115
: cr. Register June 2008 No. 630
, eff. 7-1-08.
DHS 149.03 Definitions.
In this chapter:
“Above-50-percent vendor" means an authorized vendor who derives more than 50 percent of annual food sales revenue from WIC checks. It includes vendor applicants applying for an initial authorization who estimate they will derive more than 50 percent of annual food sales revenue from WIC checks.
“Agreement" means the document signed by a vendor and the state WIC office that contains the terms and conditions under which the vendor is authorized to accept and redeem WIC checks in exchange for authorized food; the completed application form; the vendor's stock price surveys; the vendor manual; the list of authorized food; memos or other formal instructions; and the terms of participation issued by the state WIC office to vendors.
“Authorized food" means food identified by the department in accordance with 7 CFR 246.10
as acceptable for use under the federal special supplemental food program for women, infants and children under 42 USC 1786
. “Authorized food" is a reference to the types, brands, or varieties of foods approved by the state WIC office and is commonly referred to by the department and local projects as “approved foods".
“Authorized infant formula provider list" means the list of wholesalers, distributors, retailers and manufacturers approved by the state WIC office to provide infant formula to authorized vendors.
“Authorized vendor" means a vendor that has been authorized by the department to accept WIC checks from participants and have the WIC checks redeemed by the department.
“Change of ownership" means any transfer of the right to control the assets or management of an authorized vendor, or any majority changes in ownership of a vendor.
“Civil money penalty" means a monetary penalty imposed on an authorized vendor in lieu of disqualification as specified under 7 CFR 246.12
(l) (1) (ix) and (x).
“Contract period" means the period of time a vendor is an authorized vendor.
“Customer area" means the portion of a grocery store or pharmacy that is normally frequented by customers and does not include storage or other areas that are normally not frequented by customers.
“Department" means the Wisconsin department of health services.
“Disqualification" means the official act by the department of ending WIC participation of either an authorized vendor or of a participant because of a program violation.
“Enforcement assessment" means the supplemental food enforcement surcharge added to a forfeiture or recoupment.
“Family" means a group or related or nonrelated individuals who are living together as one economic unit, except that residents of a homeless facility or an institution shall not be considered as members of a single family.
“Food distribution center" means an entity, other than a vendor, that is under contract with the department under s. 253.06 (3m)
, Stats., to distribute authorized food to participants.
means the sales of all foods that are eligible items under the food stamp program.
“Food stamp program" means the assistance program under 7 USC 2011
, and known in Wisconsin as the FoodShare Program.
“Forfeiture" means the sum of money required to be paid to the state WIC office as a result of a vendor violation.
“Grocery store" means a retail store that sells a general line of food for the household to eat, such as breads and cereals; fruits and vegetables; meats, fish, and poultry; and dairy products or a store authorized by the food stamp program as a specialty store.
“Initial authorization" means the authorization for a vendor when the vendor was not an authorized vendor at the time an application for authorization was submitted.