Section 60-1.8 - Food vendor violations of the WIC program

60-1.8 Food vendor violations of the WIC program.

(a) Any food vendor, who, in the course of a transaction involving a food instrument (WIC check) commits any of the following acts shall be liable for disqualification from the WIC program for a period of up to three years in addition to being liable for civil penalties of up to $1,000 per violation under the authority of section 12 of the Public Health Law:

(1) the vendor charges the State or local agency for foods not received by the participant;

(2) the vendor charges the State or local agency prices in excess of those charged to other customers;

(3) the vendor provides cash in exchange for WIC checks;

(4) the vendor provides cash for the return of items purchased with a WIC check;

(5) the vendor fails to verify the signature on the customer's WIC identification card against the required signature on the customer's WIC check for all foods delivered or sold to the customer;

(6) the vendor provides unwholesome items in exchange for a WIC check, such as but not limited to, items provided past their expiration date and/or spoiled foods;

(7) the vendor provides unauthorized items and/or items not specified on the face of the WIC check in exchange for a WIC check;

(8) the vendor issues a document (rain check) to a person utilizing a WIC check purporting to give that person the right to buy, at a later date, a particular WIC item which the vendor does not have in stock at the time the document is issued;

(9) the vendor forges a customer's signature onto a WIC check;

(10) the vendor stamps a WIC vendor number onto a WIC check redeemed by any other vendor;

(11) the vendor accepts WIC checks without being a WIC food vendor;

(12) the vendor discriminates against or harasses any person utilizing a WIC check;

(13) the vendor fails to ensure that the amount of purchase is written in the space provided on the WIC check in the customer's presence at the time of purchase;

(14) the vendor accepts WIC checks before or after the dates indicated on the checks during which the checks are valid;

(15) the vendor fails to maintain, for a minimum of three years, all invoices and purchase slips for WIC food items, for inspection by authorized Federal, State or local agencies;

(16) the vendor fails to allow unobstructed examination of all WIC food instruments, invoices and purchase slips for WIC food items;

(17) the vendor fails to have invoices and purchase slips for WIC food items equal to the type and volume of WIC food sold;

(18) the vendor fails to surrender WIC stamps upon disqualification or suspension;

(19) the vendor fails to maintain, on premises of the authorized location, a State-issued WIC vendor authorization stamp; or

(20) the vendor deposits WIC checks into a bank account different than the vendor's sole authorized bank account listed on the vendor's contract; or

(21) the vendor stamps a check that was accepted at a location other than the sole authorized location contained in the vendor's contract.

(b) A food vendor shall be liable for any violation of subdivision (a) of this section by his/her employees.

(c) A food vendor who accepts or redeems WIC checks in violation of this section, in addition to being liable for any civil penalties assessed pursuant to section 12 of the Public Health Law, may be required to reimburse the State agency for funds obtained as a result of the transactions.

(d) The imposition of civil penalties pursuant to this section, does not preclude the imposition of any fines or other penalties prescribed by applicable State, Federal or local law.
 

Doc Status: 
Complete