Effective Date

11/19/2025

60-1.8 WIC vendor violations of the WIC program.

(a) Any WIC vendor, who, in the course of a WIC transaction involving a food instrument commits any of the following acts shall be liable for disqualification from the WIC program in addition to being liable for administrative fines or civil money penalties:

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

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

(3) the WIC vendor provides cash or unauthorized items in exchange for WIC benefits;

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

(5) the WIC vendor provides unwholesome items in exchange for WIC benefits, such as but not limited to food items provided past their expiration date, spoiled or adulterated food items, or food items whose packaging has been physically compromised so as to render them potentially unfit for human consumption;

(6) the WIC vendor provides unauthorized items and/or items not on the participant’s WIC benefit balance at the time of the WIC transaction;

(7) the WIC vendor issues a document (rain check) to a person utilizing WIC benefits 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;

(8) the WIC vendor is found in possession of unauthorized food instruments, eWIC primary account numbers, or eWIC personal identification numbers;

(9) the WIC vendor processes a WIC food instrument for benefits already redeemed at another location;

(10) the vendor accepts WIC food instruments without being a WIC vendor;

(11) the WIC vendor discriminates against or harasses any person utilizing WIC benefits;

(12) the WIC vendor fails to price or adequately post a price for any WIC food item or fails to conduct a requested WIC transaction in the presence of the WIC participant or the participant’s authorized representation at the time of purchase;

(13) the WIC 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 vendor management agencies;

(14) the WIC vendor fails to allow unobstructed examination of all WIC transaction records, including wholesale purchase records, food instrument records, invoices and purchase slips for WIC food items, or has submitted and/or exhibited records indicating inconsistent redemption practices;

(15) the WIC vendor fails to produce, on demand, invoices and purchase slips from a food supplier and/or an authorized Infant Formula Supplier for WIC food items equal to the type and volume of WIC food items sold;

(16) the WIC vendor fails to maintain, on premises of the authorized location, public notice of WIC authorization and all eWIC stand-beside terminals certified for use in conducting WIC transactions;

(17) the WIC vendor processes WIC transactions by scanning UPC codes from a UPC Code Book or Reference Sheet or similar, rather than from the actual item(s) selected for purchase; or

(18) the WIC vendor fails to comply with an order of the department to immediately cease and desist from transacting for WIC approved foods with an unapproved or disqualified Infant Formula Supplier, pursuant to section 60-1.13(l) of this Subpart.

(b) A vendor shall be liable for any violation of subdivision (a) of this section by their employees.

(c) A vendor who accepts WIC food instruments or redeems WIC benefits in violation of this section, in addition to being liable for any administrative fines or any civil money penalties, may be required to reimburse the State agency for funds obtained as result of the transactions.

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