Section 1103.4. Selection criteria for authorization and reauthorization

The Department will use the following selection criteria to identify stores that meet the operational criteria to serve as a WIC authorized store:

(1) The store shall be located within this Commonwealth.

(2) A store seeking reauthorization shall serve at least 25 participants per month. The Department will deny reauthorization if the store is not serving 25 participants per month in the most recent month for which the Department has participant data at the time the onsite review for reauthorization is conducted.

(3) The store shall have allowable foods properly stored and refrigerated.

(4) The store may not have stale-dated allowable foods on its sales floor.

(5) The store shall at all times have available on the premises the minimum inventory of allowable foods as established by the Department under § 1103.5 (relating to minimum inventory) at shelf prices that are equal to or less than the competitive prices applicable to the store’s peer group for those foods. On a quarterly basis, the Department will publish in the Pennsylvania Bulletin and mail to all WIC authorized stores, the competitive prices and maximum allowable prices applicable to all peer groups for allowable foods for the next quarter.

(6) The store shall be open for business and able to serve participants at least 8 hours per day, 6 days per week.

(7) The store shall be sanitary. There may not be unremoved rubbish, vermin, or general lack of cleanliness.

(8) The store shall operate as a full line grocery store in a permanent fixed location where participants may purchase allowable foods with their WIC checks.

(9) If the store has been denied authorization or reauthorization within the past 12 months, the store must be eligible to apply for authorization under § 1103.1(b) or (c) or § 1103.3(b)(2) (relating to authorization and reauthorization process and requirements; and temporary authorization).

(10) The store may not be currently disqualified from participation in the Food Stamp Program or have been assessed a civil money penalty in lieu of a disqualification from the Food Stamp Program that, had it been imposed, would not yet have expired.

(11) The store may not be currently disqualified from the WIC Program.

(12) The store shall have implemented all required corrective actions resulting from monitoring by the Department, including reimbursement of any overcharges or overpayments, and shall be in compliance with the applicable Federal and State regulations.

(13) None of the store’s current owners, officers, or managers shall have been convicted of or had a civil judgment entered against them for conduct demonstrating a lack of business integrity.

(14) The store will not qualify or will not be expected to qualify as an above-50-percent-store. This paragraph does not apply to stores solely owned or operated by nonprofit entities.

(15) The store shall meet the minimum information technology requirements set by the Department. The Department will publish in the Pennsylvania Bulletin and mail to all WIC authorized stores, by September 15 of each year, the minimum technology requirements applicable for the following calendar year. This paragraph does not apply to stores authorized prior to September 12, 2009, and maintaining an uninterrupted authorized status.

The provisions of this § 1103.4 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6853; amended October 3, 2003, effective October 4, 2003, 33 Pa.B. 4900; corrected October 10, 2003, effective October 4, 2003, 33 Pa.B. 5080; amended September 11, 2009, effective immediately, 39 Pa.B. 5292. Immediately preceding text appears at serial pages (300335) to (300337).

Notation

Authority

The provisions of this § 1103.4 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).

Notes of Decisions

Interpretation of Regulations

The Department of Health’s interpretations of its own regulations are given great weight unless plainly erroneous or inconsistent with the regulation, neither of which occurred here. Valesky’s Market v. Department of Health, 779 A.2d 1251 (Pa. Cmwlth. 2001).

Minimum Participation

The Department of Health correctly denied WIC recertification where the store had not served 25 participants in the most recent month for which the Department had data. Valesky’s Market v. Department of Health, 779 A.2d 1251 (Pa. Cmwlth. 2001).

State-dated Allowable Foods not Permitted

The petitioner chose to stock a brand of formula not subject to minimum inventory requirements. Even though not subject to minimum inventory requirements, the formula was a WIC allowable food and, therefore, subject to product freshness requirements. Therefore, the presence of out-dated lacto-free Enfamil formula was sufficient cause for the Department of Health to deny the petitioner’s application for recertification. Valesky’s Market v. Department of Health, 779 A.2d 1251 (Pa Cmwlth. 2001).

Cross References

This section cited in 28 Pa. Code § 1101.2 (relating to definitions); 28 Pa. Code § 1103.1 (relating to authorization and reauthorization process and requirements); 28 Pa. Code § 1103.2 (relating to probationary authorization); 28 Pa. Code § 1103.3 (relating to temporary authorization); 28 Pa. Code § 1103.7 (relating to inadequate participant access); 28 Pa. Code § 1105.3 (relating to terms and conditions of participation); and 28 Pa. Code § 1107.1a (relating to disqualifications).