(2)Prohibited practices. A vendor may not do any of the following:
(a) Provide in exchange for a WIC check to a participant or a participant’s proxy alcohol, an alcoholic beverage, a tobacco product or any other food other than the authorized food specified on the WIC check, or provide any coupon or certificate for these items contingent upon spending the WIC check or provided to a participant or a participant’s proxy for a purchase made with a WIC check.
(b) Provide cash in exchange for a WIC check to a participant or a participant’s proxy.
(c) Charge sales tax on WIC food purchases.
(d) Provide in exchange for a WIC check to a participant or a participant’s proxy authorized foods in quantities that are more than the quantities specified on the WIC check.
(3)Required practices. An authorized vendor shall do all of the following:
(a) Comply with WIC check processing and redemption procedures described in the agreement.
(b) In conjunction with a change of ownership, timely submit in the vendor’s bank account all WIC checks for redemption.
(c) Charge the participant or the participant’s proxy prices that are the same as or lower than prices charged to other customers.
(d) Provide stock price surveys to the state WIC office upon request of the state WIC office or the state WIC office designee.
(e) Mark or affix the prices of authorized food directly on food containers, on the shelves in close proximity to the food, or in the immediate area where the foods are kept in the customer area of the store.
(f) Charge a price for an authorized food or standardized combination of foods that is the same as or lower than the maximum food price established by the state WIC Office.
(g) Maintain prices of authorized foods at levels that are required for vendor authorization.
(h) Keep a copy of the WIC agreement on file.
(i) Display a sign, sticker or other evidence of authorization as a vendor in an area visible to participants.
(j) Ensure that the current list of authorized foods is readily accessible to cashiers.
(k) Provide all information requested during the application process and contract period by the state WIC office or the state WIC office designee within the timeframes specified in the request for information.
(L) Maintain inventory and accounting records as specified by the agreement for the period of time specified in the agreement.
(m) Make available upon the request of representatives of the state WIC office, the USDA, or the comptroller general of the United States all WIC checks in the vendor’s possession and all required inventory and accounting records for inspection and audit.
(4)Use of vendor stamp.
(a) Only the authorized vendor may use the vendor stamp to validate a WIC check.
(b) The authorized vendor shall keep the vendor stamp in a safe place and shall report loss of the vendor stamp to the state WIC office within 2 days of the loss.
(c) A vendor stamp may not be duplicated.
Note: Report the loss of a WIC vendor stamp to the State WIC Office, Vendor Management, at 608-266-6912.
(d) The authorized vendor shall return the vendor stamp to the state WIC office within 15 days following a change of ownership, upon closing the store, or upon disqualification of authorization under ss. DHS 149.10 and 149.11.
Note: Return the vendor stamp to the State WIC Office, Vendor Management, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659.
(5)Use of the wic acronym and logo.
(a) A vendor may use the acronym “WIC” or the WIC logo to identify the vendor as an authorized vendor and to identify authorized foods in the store.
(b) No vendor may include the acronym “WIC” in the name under which the vendor is registered in the WIC program or in the name under which the vendor does business.
(c) No vendor may include the WIC logo, or close facsimiles of the WIC logo, in total or in part, in the name under which the vendor is registered in the WIC program or in the name under which the vendor does business.
(6)Reporting requirements.
(a) At least 15 days before a change of location, name, address, management, corporate officers or majority stockholders the vendor shall report the change in writing to the state WIC office or its designee on a form provided by that office.
(b) A new location within a 5-mile radius of the vendor’s previous authorized location with the previous location being closed, will not require a new application for authorization. If the new location is more than a 5 mile radius of the vendor’s previous location and the previous location is not being closed, a new application for authorization will be required.
Note: Obtain the amendment form from the WIC Portal at https://www.wicvendorwi.org/, or http://dhs.wisconsin.gov/wic/wicPro/Vendor_Auth/index.htm, or write to the State WIC Office, Vendor Management, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659, or call 608-266-6912, or submit a fax request at 608-266-1514.
(7)Services to participants. The authorized vendor shall offer a participant or the participant’s proxy the same courtesies offered to other customers, and treat a participant and the participant’s proxy in accordance with non-discrimination requirements under 7 CFR 15, subpart A.
(8)Training. The vendor or least one designee from each authorized location shall satisfactorily complete any training sessions required by the state WIC office or the state WIC office designee. The authorized vendor shall ensure that all employees who process WIC checks are trained in check processing procedures.
(9)Vendor responsibility for operations. An authorized vendor or vendor applicant is responsible for violations of this chapter committed by its owners, officers, managers, employees, agents, representatives or other individuals who directly or indirectly participate in the vendor’s operations.
(10)Reporting of participant noncompliance. A vendor shall report to the state WIC office or its designee on a form provided by the office any instance in which a participant fails to comply with WIC requirements.
Note: Obtain the complaint form from the WIC Portal at https://www.wicvendorwi.org/, or http://dhs.wisconsin.gov/wic/wicPro/Vendor_Auth/index.htm, or write to the State WIC Office, Vendor Management, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659, or call 608-266-6912, or submit a fax request at 608-266-1514.
History: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.
Subchapter III — Monitoring, Vendor Violations and Sanctions
DHS 149.09Monitoring of vendors.
(1)The state WIC office or the state WIC office designee may monitor a vendor at any time during a contract period including compliance buys, inventory audits, or routine on-site inspections.
(2)When, during the course of a single monitoring, the state WIC office determines an authorized vendor has committed multiple violations, the state WIC office shall impose the sanction corresponding to the most serious violation under s. DHS 149.10 or 149.11.
History: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.
DHS 149.10Mandatory vendor disqualification.
(1)Mandatory permanent disqualification.
1. The state WIC office shall permanently disqualify a vendor from participation in the WIC program if the vendor is convicted of providing cash in exchange for a WIC check or of selling a firearm, ammunition, explosive or controlled substance in exchange for a WIC check. Disqualification of a vendor shall be effective upon the postmark date of the notice of administrative action by the state WIC office to the vendor’s address of record.
2. A civil money penalty may not be imposed in lieu of a disqualification under this subsection.
(b) A vendor may not receive compensation from the WIC program for revenues lost as a result of a disqualification under par. (a).
(2)Mandatory six year disqualification. Unless a determination is made under s. DHS 149.12 (1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for 6 years for any one of the following:
(a) One incident of buying or selling a WIC check for cash.
(b) One incident of selling in exchange for a WIC check a firearm, ammunition, an explosive, or a controlled substance as defined in 21 USC 802.
(3)Mandatory three year disqualification. Unless a determination is made under s. DHS 149.12 (1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for 3 years for any one of the following:
(a) One incident of selling in exchange for a WIC check, alcohol, an alcoholic beverage or a tobacco product.
(b) Three or more incidents of any of the following:
1. Claiming reimbursement for the sale of a specific authorized food in an amount that exceeds the vendor’s documented inventory of that food for the same period of time.
2. Intentionally or unintentionally charging a participant or the participant’s proxy more for authorized food than non-participants are charged for authorized food.
3. Charging a participant or the participant’s proxy more than the current shelf price for an authorized food.
4. Receiving or redeeming a WIC check outside of authorized channels, including receiving or redeeming a WIC check for a vendor that is not an authorized vendor; redeeming a WIC check for food purchased at an address other than the store address that appears on the authorized vendor’s application; or depositing a WIC check into a bank account other than the authorized vendor’s bank account.
5. Charging for authorized food not received by a WIC participant or the participant’s proxy.
6. Providing in exchange for a WIC check, credit or non-food items other than alcohol, an alcoholic beverage, a tobacco product, cash, a firearm, ammunition, explosive, or controlled substance as defined in 21 USC 802.
(4)Mandatory one year disqualification. Unless a determination is made under s. DHS 149.12 (1) that disqualification would result in inadequate participant access, the state WIC office shall disqualify a vendor from participation in the WIC program for one year for any one of the following:
(a) Three or more incidents of providing unauthorized food in exchange for a WIC check.
(b) Three or more incidents of charging for authorized food provided in excess of the amount of food listed on the WIC check.
(5)Second mandatory disqualification. When a vendor who previously has received a mandatory disqualification receives a second subsequent mandatory disqualification, the state WIC office shall impose a double period of disqualification.
(6)Third or subsequent mandatory disqualification. When a vendor who has received 2 or more mandatory disqualifications receives another subsequent mandatory disqualification, the state WIC office shall double the third period of disqualification and all subsequent periods of disqualification.
(7)Prior notification. For violations listed in subs. (3) (b) and (4), the state WIC office shall notify the authorized vendor of the initial violation prior to documenting another violation, unless the state WIC office determines that notifying the authorized vendor would compromise an investigation.
History: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.
DHS 149.11Discretionary vendor sanctions.
(1)Up to one year disqualification. The state WIC office may send a warning letter to the vendor, require training for designated vendor personnel, require implementation of a corrective action plan, require payment of a forfeiture, require recoupment, disqualify the vendor for no more than one year, or impose any combination of sanctions for any one of the following violations:
(a) Providing cash for returned authorized food.
(b) Failing to implement a corrective action plan imposed by the state WIC office.
(c) Failing to meet the minimum requirements for authorization listed in s. DHS 149.05 (3) to (15).
(d) Providing false information to the state WIC office.
(e) One or 2 incidents of violations stated in s. DHS 149.10 (3) and (4).
(2)Up to 6 month disqualification. The state WIC office may send a warning letter to the vendor, require training for designated vendor personnel, require implementation of a corrective action plan, require payment of a forfeiture, require recoupment, disqualify the vendor for no more than 6 months, or impose any combination of sanctions for any one of the following violations:
(a) Failing to comply with WIC check processing and redemption procedures described in the agreement.
(b) Failing to mark or affix the prices of authorized food directly on food containers, on the shelves in close proximity to the food, or in the immediate area where the foods are kept in the customer area of the store.
(c) Stocking or selling foods that are not fresh and have expired dates or codes of freshness use-by date in the customer area.
(d) Failing to complete training as required by the state WIC office or the state WIC office designee.
(e) Failing to maintain the grocery store or pharmacy in a clean, orderly and safe condition.
(f) Failing to provide all information requested during the application process and contract period by the state WIC office or the state WIC office designee within the timeframes specified in the request for information.
(g) Duplicating or using a duplicate vendor stamp.
(h) Failing to provide to a WIC participant or the participant’s proxy the same courtesies as offered to other customers based on the person’s status as a WIC participant.
History: CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.
DHS 149.12Civil money penalty in lieu of disqualification.
(1)Under s. DHS 149.10 (2) to (4), if the state WIC office determines that disqualification of the authorized vendor would result in inadequate participant access, the state WIC office shall impose a civil money penalty in lieu of disqualification. A civil money penalty may not be imposed in lieu of a disqualification under s. DHS 149.10 (1).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.