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As an authorized food
vendor in the WIC Program, the food vendor
agrees to comply with the following rules:
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(a) |
Accept food
instruments only if that food vendor's name
or the words "ANY AUTHORIZED GROCER"
have been entered on the "Pay to the
Order of" line on the face of the food
instrument. |
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(b) |
Refuse to
accept food instruments made out to any
other store. |
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(c) |
Accept food
instruments only from participants |
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(a) |
Maintain on
hand the minimum inventory of supplemental
foods in each food category. |
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(b) |
Maintain,
for a period of at least three years, records
including but not limited to: all inventory
records necessary for Federal and State
tax reporting purposes, inventory records
showing all wholesale and retail purchases;
invoices identifying the quantity and prices
of specific supplemental foods; sales and
use tax returns, and books of account and
other pertinent records that are necessary
to substantiate the volume and prices charged
through food instrument redemption. Cash
register receipts without specific identification
of the quantity, unit price and supplemental
food items purchased will not be accepted
as evidence of the supplemental food purchases. |
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(c) |
Provide agents
of the State, the WIC Program, and the Comptroller
General of the United States access to the
records and to all food instruments in the
food vendor's possession |
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(a) |
Accept food
instruments only at the time of actual purchase |
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(b) |
Accept food
instruments only for the food items and
quantities printed on the food instrument.
No substitutions or other brands or items
are allowed; including food items, non-food
items, cash, or credit, including rain checks. |
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(c) |
Accept food
instruments only on or between the "first
day to use" and the "last day
to use" printed on the face of the
food instrument. The food vendor shall not
accept any food instruments prior to the
"first day to use" or after the
"last day to use" dates. |
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(d) |
Redeem all
food instruments by depositing them directly
into the food vendor's bank account. Food
instruments shall not be used in the repayment
of debts to other parties. Food instruments
deposited by the food vendor must be those
cashed by participants at the fixed location
and by the business entity authorized by
this Vendor Agreement. |
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(e) |
Deposit food
instruments within forty-five (45) days
of the "first day to use" date,
printed on the food instrument. |
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(f) |
Refuse
to accept the return of foods purchased
with food instruments. These foods may not
be returned for cash or credit or be exchanged
for unauthorized foods. The food vendor
shall not provide refunds or exchanges for
supplemental food items purchased with food
instruments except exchanges of an identical
food item when the original food item is
defective, spoiled, or, in the case of infant
formula, has a date beyond which the item
can be legally sold. |
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(g) |
Upon demand
from the WIC Program, pay claims up to and
including the full amount of the price for
which the food instrument was redeemed as
stipulated by the WIC Program. |
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(a) |
Ensure the
participant signs the food instrument in
the presence of the cashier. The food vendor
shall not accept pre-signed food instruments
without a confirming signature. |
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(b) |
Compare the
signature on each food instrument with the
signature on the customer's WIC Authorization
Folder in the presence of the cashier. Ensure
that the customer's signature appears on
the WIC Authorization Folder. |
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(c) |
Keep the identity
of the participant confidential. Food vendors
shall not require participants to provide
any personal information other than the
participant's WIC Authorization Folder in
the process of exchanging food instruments
for supplemental food items. |
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(a) |
Enter the
actual selling price of the specific quantity
of supplemental foods on each food instrument
at the time of purchase and before the participant
signs each food instrument. |
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(b) |
Provide supplemental
foods at the current posted price or at
less than the current price charged to other
customers. |
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(c) |
Maintain
prices for supplemental foods that are reasonable
and comparable to the prices of other stores
of a similar size and type in the same geographic
area. |
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(d) |
Not charge
sales tax on supplemental foods sold to
participants. |
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(e) |
Provide supplemental
foods to participants free of any charge.
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(f) |
Not seek restitution
from the participant for food instruments
paid or partially paid. |
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(g) |
Post prices
clearly visible to all customers for all
supplemental foods. Prices shall either
be marked on the individual items or posted
on the shelves on which the items are placed. |
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(h) |
Provide access
to food instruments negotiated but not yet
deposited to a WIC Program representative
for review upon demand. |
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(i) |
Not give change
or allow the participant to purchase additional
items when the actual selling price of the
specified supplemental foods is less than
the maximum dollar amount printed on the
food instrument. |
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(a) |
Provide to
participants during food instrument transactions
the same courtesies extended to other customers,
including incentives such as items offered
through frequent shopper programs, buy-one-get-one-free
promotions, cents-off discounts, trading
stamps, participation in store raffles,
and other discounts and promotions. |
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(b) |
Comply with
the provisions of Title VI of the Civil
Rights Act, which provides for equal treatment
of all persons and Federal regulations set
forth in Title 7, Code of Federal Regulations,
Parts 15, 15a and 15b governing discrimination.
The food vendor shall comply with California
Government Code Section 12990 (d) and Title
2 CCR, Sections 8103 and 8107 which prohibit
discrimination against any person because
of race, religion, color, national origin,
ancestry, physical handicap, medical condition,
marital status, age (over 40), or sex. |
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(c) |
Report any
participants attempting to violate WIC Program
rules when using food instruments. Report
such activities to the State on the form
"Grocer Report Concerning WIC Participants,"
DHS 4007. |
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As an authorized food vendor in the WIC
Program, the food vendor shall:
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- Accept training and other information
from the State in carrying out the terms
of this Vendor Agreement.
- Attend grocer training as required
by the WIC Program. The food vendor
or a representative of the food vendor
must participate in the annual grocer
training provided by the WIC Program.
In addition, the food vendor or a representative
of the food vendor must attend interactive
training once every three years. Attendance
at required grocer training is a condition
for continued authorization under this
Vendor Agreement. The WIC Program has
discretion to designate the date, time,
and location of all interactive training
except that the WIC Program will provide
the food vendor with at least one alternative
date in which to attend such training.
- Train and inform all employees who
participate in WIC Program transactions
or handle food instruments of the food
vendor's obligation to abide by the
terms of this Vendor Agreement.
- Assume legal responsibility for the
actions of any and all employees who
violate any of the terms of this Vendor
Agreement. This responsibility extends
to actions of its owners, officers,
managers, agents, or employees who violate
any terms of the Vendor Agreement.
- Not assign or subcontract any food
vendor duties under this Vendor Agreement.
- Not display or use the acronym "WIC"
or the WIC logo. "WIC" and
the WIC logo are registered with the
U.S. Patent and Trademark Office. They
may only be used or displayed by the
food vendor on materials prepared and
distributed by the WIC Program or with
the express written approval of the
WIC Program.
- Not attempt to influence participants'
store selection through solicitation
on or in the vicinity of a WIC local
agency clinic site.
- Accept State adjustments to the purchase
price on the food instruments submitted
by the food vendor for redemption or
rejection of the food instrument for
payment to ensure compliance with price
limitations applicable to the food instrument.
- Accept up to the maximum allowable
Department reimbursement as payment
in full for the maximum quantity of
supplemental food listed on the food
instrument.
- Agree to follow and adhere to the
Administrative Appeals provisions when
appealing an adverse action. These provisions
are provided for in Title 22 CCR, Section
40751. Specific instructions regarding
appeal rights will be provided to the
food vendor at the time of notification
of disqualification or other adverse
action. The following actions are not
subject to appeal pursuant to 7CFR 246.18:
validity or appropriateness of food
vendor authorization criteria; validity
or appropriateness of participant access
criteria or determination; expiration
of a Vendor Agreement; disputes regarding
food instrument payments and food vendor
claims; disqualification of a food vendor
as a result of disqualification from
the Food Stamp Program.
- Agree to adhere to the purchase price
and redemption procedures provided for
in Sections 123310 and 123315, California
Health and Safety Code as amended by
Chapter 21, Statutes of 1999.
Information about
the WIC Program is available on the Internet
at www.wicworks.ca.gov
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