Section 1103.5. Minimum inventory

(a) Minimum inventory requirements.

(1) The Department will adopt minimum inventory requirements and their effective dates, for the following WIC allowable foods:

(i) Contract brand infant formula.

(ii) Milk.

(iii) Natural domestic cheese.

(iv) Grade ‘‘A’’ eggs.

(v) Juice.

(vi) Cereal.

(vii) Peanut butter.

(viii) Dried peas and beans.

(ix) Tuna.

(x) Carrots.

(2) The Department will set minimum inventory requirements for all allowable foods for which minimum inventory requirements exist at a level not to exceed the maximum quantity of supplemental food authorized per month as set forth in 7 CFR 246.10(c)(1)—(7) (relating to supplemental foods).

(3) The Department will publish minimum inventory requirements in the Pennsylvania Bulletin and distribute those requirements to all WIC authorized stores by September 15 of each year, and when manufacturer product or packaging changes occur.

(b) Exceptions to minimum inventory requirements. The Department will grant an exception to the minimum inventory requirements for an allowable food listed in subsection (c) when the Department’s most recent check redemption information for a store shows no purchases of the allowable food for a period in excess of 90 days.

(c) Allowable foods to which exceptions may apply. These foods are:

(1) Contract brand milk-based with iron liquid concentrate infant formula.

(2) Contract brand milk-based with iron ready-to-feed infant formula.

(3) Contract brand milk-based with iron powdered infant formula.

(4) Contract brand soy-based liquid concentrate infant formula.

(5) Contract brand soy-based ready-to-feed infant formula.

(6) Contract brand soy-based powdered infant formula.

(7) Nonfat dry milk.

(8) Evaporated milk.

(9) Carrots.

(10) Tuna.

(d) Expiration of exception to minimum inventory requirements. The exception to minimum inventory requirements for an allowable food granted by the Department shall expire upon the presentation to the store, on behalf of a participant, of a WIC check for the purchase of that allowable food. The WIC authorized store shall provide the food item within 48 hours after presentation of the WIC check.

The provisions of this § 1103.5 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6853; amended October 3, 2003, effective October 4, 2003, 33 Pa.B. 4900. Immediately preceding text appears at serial pages (286008) to (286010).

Notation

Authority

The provisions of this § 1103.5 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).

Grace Period Limited

The grace period is provided to give a store time to come into compliance with minimum inventory requirements for a WIC allowable food for which the store had been granted a waiver. No grace period is provided to achieve compliance with product freshness requirements. If a store chooses to stock a WIC allowable food not subject to minimum inventory requirements, the food must meet product freshness requirements. Valesky’s Market v. Department of Health, 779 A.2d 1251 (Pa. Cmwlth. 2001).

Cross References

This section cited in 28 Pa. Code § 1103.4 (relating to selection and limitation criteria; authorization process).