Section 60-1.13 - Vendor applicant enrollment criteria

60-1.13 Vendor applicant enrollment criteria.

(a) Any food store (excluding pharmacies) which applies for participation in the WIC program shall be enrolled via a State Health Department approved one-year expirable contract if all of the following criteria are met. If all the criteria are not met, the vendor may not be enrolled.

(1) Current and valid food stamp authorization.

(2)(i) The vendor/participant ratio in the ZIP code area of the applicant vendor is more than 75 participants per vendor, or

(ii) There is a participating WIC vendor within a 10-block or 1/2 mile walking distance of the applicant vendor who redeems more than $3,000 in WIC checks per month, or

(iii) The applicant vendor had annual total sales in the previous calendar year of more than three million dollars in New York State.

(3) If the applicant vendor has assumed ownership of a store that had been participating in the WIC program within 60 days from the date the application is made, the criteria set forth in paragraph (2) of this subdivision will not apply unless the store under the previous owner redeemed fewer than 25 checks per month.

(4) The applicant vendor shall stock WIC-acceptable foods, as determined by the New York State Department of Health, in the minimum quantities prescribed in the vendor application document at the time of enrollment.

(5) Applicant vendor's prices shall be reasonable as compared to other vendors contracted with the local agency. Reasonable shall be defined by calculating the applicant vendor's selling price of their most commonly prescribed formula check type for an infant and the two most commonly prescribed check types containing multiple foods for a woman or child. The prices that are used for these calculations should reflect the vendor's average prices for each type of item. Calculations should not be made based solely on the highest priced item. The cost of the checks should be within 10 percent of the project average for these check types as identified on the last project summary by vendor report. The project summary by vendor report identifies the project average for each check type by calculating the cost of each check type redeemed during the reporting month by vendors contracted with the applicant's local agency.

(b) Any pharmacy which applies for participation in the WIC program shall be enrolled if all the following criteria are met. Any vendor who meets these criteria should be enrolled via a State Health Department approved one-year expirable contract.

(1) There are no other pharmacies participating in the WIC program within a 1/2 mile walking distance of applicant pharmacy.

(2) The applicant pharmacy shall stock formula in the minimum quantities prescribed in the vendor application document at the time of enrollment.

(3) The applicant agrees to order and stock special formulas as requested by the local agency.

(4) The applicant's prices for formula are reasonable. Reasonable shall be defined by calculating the applicant vendor's selling price of an ITA check (eight 13-ounce cans iron-fortified concentrated formula). The total cost should be within 10 percent of the project average for this check type.

(c) The applicant vendor or pharmacy shall have reasonable hours of operation. Reasonable is defined as operating six days per week, eight hours per day.

(d) The local agency shall have the option of not contracting with any vendor who has been previously disqualified from the WIC program or who has abused the WIC program or any other government sponsored program.

(e) If there are no other available participating vendors within three miles of the applicant vendor or there is a demonstrated, documented cultural need (e.g., Kosher), the local agency may, within its discretion, admit the applicant vendor into the program without first meeting the criteria set forth in paragraphs (a) (1), (2), (3) and (5) or subdivision (b) or (c) of this section.

(f) A local agency does not have to consider a vendor's reapplication for participation in the WIC program if the vendor was denied within the past year. (g) When requested by the State or local agency, the applicant vendor has attended pre-contract training.

Effective Date: 
Wednesday, January 6, 2010
Doc Status: 
Complete