All vendors and vendor applicants must maintain a valid permit on the premises to operate a retail food facility, as required by the California Retail Food Facility Code (Health and Safety Code Section 114381) and, upon request, provide proof of the permit to the Department for the authorization period. All authorized vendors must notify the Department of the suspension or revocation of their permit within ten (10) business days. Failure to notify the Department of the suspension or revocation of a vendor’s permit within ten (10) business days will result in the termination of the vendor’s agreement. Closure of a vendor store based on permit suspension or revocation will result in the termination of a vendor’s agreement.
(a) Each vendor and vendor applicant shall maintain and use a cash register system for conducting all business sales transactions.
(A) The cash register system shall calculate, record, and print a daily totals summary of all sales transactions conducted during each business day showing the transfer of goods for money or monetary equivalents.
(B) The daily totals summary of all sales transactions from the cash register system shall have the vendor’s name and address, the transaction date, the quantity purchased, the sale price of the item purchased, the amount of tax charged, and the indication of tax status. Cash register receipt detail and daily totals summaries are part of the standard business records vendors are required to maintain for a minimum of three (3) years and are subject to both verification and Program audit. The daily totals summary of all sales transactions may be retained in paper or electronic formats.
(2) For EBT Transactions, a vendor’s EBT Capable Point of Sale System is considered a cash register system.
(b) The cash register system shall automatically print an itemized receipt of each paper food instrument transaction and EBT Transaction. The vendor shall give the receipt(s) to the customer.
(1) For EBT food instrument transactions, receipts shall comply with the requirements in the United States Department of Agriculture’s (USDA’s) “Operating Rules Women, Infants and Children (WIC) Electronic Benefit Transfer (EBT)” (Operating Rules) and “WIC EBT Technical Implementation Guide” (Technical Implementation Guide). At minimum, an EBT food instrument transaction receipt shall include the following information:
(A) Last four (4) digits of the card number of the Primary Account Number (PAN). No other portion of the PAN may be printed on the receipt;
(B) Vendor name. The vendor name is the generally accepted name for the location or a name consistent with the application the vendor submitted to the Department to become an authorized WIC vendor;
(E) WIC food item identifier, if a separate WIC Purchase receipt is not provided;
(G) Purchased food items, including the food item quantity, description, and unit of measure;
(K) Benefits remaining, including the benefit description, quantity, and unit of measure; and
(L) A unique transaction identifier or systems trace audit number.
(2) For EBT Balance Inquiries, receipts shall comply with the requirements in the USDA’s Operating Rules and Technical Implementation Guide. At minimum, an EBT Balance Inquiry receipt shall include the following information:
(A) Last four (4) digits of the card number of the PAN. No other portion of the PAN may be printed on the receipt;
(B) Vendor name. The vendor name is the generally accepted name for the location or a name consistent with the application the vendor submitted to the Department to become an authorized WIC vendor;
(F) Benefits available (even if zero (0) balances), including the benefit description, quantity, and unit of measure; and
(G) A unique transaction identifier or systems trace audit number.
All vendors and vendor applicants must certify that the information provided during the application and authorization process is true and correct. If the Department determines that the vendor or applicant provided false information in connection with its application for authorization and the false information was material to the Department’s decision to authorize the vendor, the vendor’s agreement shall be terminated, or the vendor applicant denied authorization. Information is material if it could change the Department’s decision regarding authorization.
(a) The Department shall deny authorization or reauthorization if it determines that a vendor is attempting to circumvent a WIC sanction or vendor claim.
(b) The Department will deny authorization to a vendor applicant for any of the following actions indicating an attempt to circumvent a WIC sanction or vendor claim:
(1) The vendor applicant purchased or obtained any legal interest in the store from a relative by blood or marriage and the store or business has a WIC sanction currently in effect, or a vendor claim that is still outstanding at that store location.
(2) The vendor applicant purchased or obtained any legal interest in the store or business for less than fair market value and there is a WIC sanction currently in effect or a vendor claim is still outstanding at that location.
(3) The vendor applicant owns, previously owned, or has a legal interest in a store or business that has a WIC sanction currently in effect within the same geographic area as the one for which the vendor has submitted an application, if the vendor applicant was the owner at the time the sanction was noticed or made effective by the Department.
(A) For the purposes of this subsection, “the same geographic area” is defined in California Code of Regulations, title 22, section 40740, subdivisions (h)(2)(A-B).
(4) The vendor applicant owns, previously owned, or has a legal interest in a store or business, including the applicant location that has an outstanding vendor claim, and the vendor applicant was the owner at the time the vendor claim was noticed or made effective by the Department. Failure to make payments as agreed via stipulation will be considered an outstanding vendor claim.
(5) The vendor applicant purchased or obtained any legal interest in the store or business pursuant to (1) or (2) above and allows the previous owner to retain a role in the operation of the business such as a manager, director, officer or shareholder.
(6) The vendor applicant retained legal interest in the store after a change of business type and there is a WIC sanction currently in effect or a vendor claim that is still outstanding at that location. Business type includes corporation, general partnership, limited partnership, sole proprietorship, and limited liability company.
(c) The Department may, in its sole discretion, request the following additional information from the vendor applicant:
(1) Information, which may include, but is not limited to the following, to determine a vendor applicant’s ability to meet authorization criteria:
(B) Articles of incorporation for corporations or limited liability corporations (LLCs), including the list of designated officers and shareholders;
(C) For partnerships and sole proprietorships, copies of any available business documents previously filed with a municipality, city, county or state, such as a fictitious business name statement or partnership agreement;
(D) All available business licenses and/or permits (local health department, liquor, sales tax, etc.);
(E) A notarized affidavit from the new owner(s) stating that they are not connected with the previously disqualified owner(s) through blood or by marriage;
(F) A letter from the retailer’s financial institution identifying the authorized signers for the business on any accounts relating to the business;
(2) Information, which may include, but is not limited to the following, to verify the ownership of the store and the value of the store:
(F) Other information verifying the change in ownership of the store.
(3) The vendor applicant shall not be required to provide information if the vendor can demonstrate to the Department that the release of that information is prohibited by federal or California state laws or regulations regarding confidentiality.
(a) Prices charged by the vendor or vendor applicant for a combination of all Market Basket items carried must not, at any time, exceed one hundred and twenty percent (120%) of the Average Overall Market Basket price established by the Department for the vendor or vendor applicant’s peer group.
(b) The foods in the Market Basket may only include foods in the WIC Authorized Food List. The Market Basket shall consist of the following types of authorized foods:
(7) Primary contract brand milk-based infant formula in powdered form currently under contract with the Department, as defined in section 82600
(c) Vendors shall submit the shelf price of their highest priced and lowest priced authorized food for each of the nine (9) food types in the Market Basket offered for sale during a fourteen (14) day period specified by the Department. For example, if the Market Basket food type is cheese, the vendor shall submit the shelf price of their highest priced cheese and the shelf price of their lowest priced cheese. Vendors shall provide the shelf prices of their Market Basket foods every six (6) months upon request of the Department. The Department will provide a thirty (30) day notice of the request for prices and vendors must respond with their shelf prices within thirty (30) days of the date of the notice. Vendor applicants must submit prices for a fourteen (14) day period specified by the Department as part of the vendor application process. Only regular prices may be submitted; sale or promotional prices may not be included in the price collection. If a Market Basket item had a sale or promotional price during the fourteen (14) day period, the vendor shall determine the highest and lowest prices based on the item’s price prior to the sale or promotion. Vendors that stock only one (1) type of a Market Basket item, or offer same priced alternatives of that type, shall submit a single price for that item as the highest and the lowest prices.
(d) The Average Overall Market Basket price will be determined by averaging the Vendor Market Basket price of all vendors in a peer group based on the current semi-annual submissions. Vendors and vendor applicants with a Vendor Market Basket price that exceeds one hundred and twenty percent (120%) of the Average Overall Market Basket price in their peer groups shall be determined non-competitive because they do not meet the competitive price criteria.
(1) For purposes of determining whether a vendor is non-competitive and does not meet the competitive price criteria, the Vendor Market Basket price shall be defined as either:
(A) A single vendor or vendor applicant’s average price of all Market Basket items submitted by the vendor or vendor applicant for the applicable period. The Department shall determine the average of the highest and lowest prices of the individual Market Basket items and add the averaged prices together to determine the Vendor Market Basket price; or
(B) The sum of the regular shelf prices of the Market Basket items observed by the Department during a monitoring or compliance visit.
(e) Vendors or vendor applicants that do not meet the competitive price criteria will be issued a written notice of their failure to meet current vendor authorization criteria and of the need to correct their prices to meet the competitive price criteria. Vendors will be given thirty (30) days to correct their prices to meet the competitive price criteria. Vendor applicants will be given ten (10) days to correct their prices to meet the competitive price criteria.
(1) If, after thirty (30) days and within a twenty four (24) month period from the date of the notice, the Department makes a subsequent determination that a vendor’s prices do not comply with the competitive price criteria, the vendor shall have demonstrated a pattern of failure to meet competitive price criteria and shall be disqualified from participation in the program for a period of one (1) year for failure to meet authorization criteria.
(2) If, after ten (10) days from the date of the notice, a vendor applicant’s prices do not meet the competitive price criteria, the vendor applicant will be denied authorization for failure to meet the vendor authorization criteria for competitive price. The applicant will be permitted to submit another application after no less than six (6) months from the date the Department denied authorization.
(f) A vendor who fails to submit its semi-annual price information will be issued a written notice of the vendor’s failure to comply with vendor selection criteria. If, after thirty (30) days from the date of the written notice, the vendor has failed to submit its semi-annual price information, the Department will terminate the vendor from participation in the program.
The Department shall not authorize a vendor applicant or continue authorization of a vendor that is subject to a ruling by a federal or state enforcement agency that the vendor applicant or vendor, on the grounds of race, color, national origin, age, sex or handicap, excluded from participation in, denied benefits to, or otherwise subjected to discrimination any Program participant in the process of obtaining Program benefits from that vendor.
70725 EBT Capability.
(a) All vendors and vendor applicants shall obtain an EBT Capable Point of Sale System certified for use in California and use the EBT Capable Point of Sale System for all EBT Transactions.
(1) A list of all certified EBT Capable Point of Sale Systems shall be available on the Department’s website. This list does not represent the Department’s connection with, or approval or endorsement of, the certified systems or their manufacturers.
(b) Vendors shall maintain the EBT Capable Point of Sale System in a manner that ensures the system’s ongoing compliance with all federal requirements for online WIC EBT point of sale systems set forth in the United States Department of Agriculture’s (USDA’s):
(1) “Operating Rules Women, Infants and Children (WIC) Electronic Benefit Transfer (EBT)” (Operating Rules); and
(2) “WIC EBT Technical Implementation Guide” (Technical Implementation Guide).
(c) If the Department determines that a vendor’s previously certified Point of Sale System does not comply with the Operating Rules’ or Technical Implementation Guide’s requirements for accurately settling, reconciling, or processing EBT Transactions or processing the Authorized Product List, the Department shall issue the vendor a written notice to stop use of the Point of Sale System for WIC EBT Transactions.
(1) Upon receipt of such notice, the vendor shall immediately stop use of the Point of Sale System for EBT Transactions and either:
(A) Obtain and use a different EBT Capable Point of Sale System and notify the Department in writing upon installation of the system; or
(B) Request that the Certifying Entity recertify the vendor’s current Point of Sale System. The vendor shall notify the Department in writing when the system has been recertified.
(2) If, after five (5) days from the date of the notice, the vendor has not stopped use of the Point of Sale System for EBT Transactions, the Department shall temporarily freeze the vendor’s ability to transact EBT food instruments.
(3) If, after thirty (30) days from the date of the notice, the vendor has not complied with subsection (c)(1)(A) or (c)(1)(B), the vendor shall be terminated for failure to meet vendor authorization criteria.
(d) A vendor that is temporarily unable to process EBT Transactions shall post a notice stating: “California WIC Card Transactions are Temporarily Unavailable at this Location.” The notice shall be affixed to either the front window or the front door of the vendor’s store. If the vendor’s store has multiple entrances that customers use during store hours, the vendor shall post this notice at all such entrances.
(1) Vendors that are temporarily unable to accept EBT Transactions include but are not limited to:
(A) Vendors experiencing temporary internet or power outages; and
(B) Vendors that have received a notice from the Department pursuant to subsection (c).
(e) A vendor or vendor applicant that the Department determines is necessary for participant access as specified in California Code of Regulations, title 22, section 40740, subdivision (h), may submit a written request for Department-subsidized equipment in order to meet the vendor authorization criteria set forth in this section. The Department shall furnish the vendor or vendor applicant with such equipment in the manner set forth in section 71050, subsection (d)(1).
70750 Food Item Quality.
(a) All WIC authorized foods offered for sale by vendors and vendor applicants on store shelves in the public area of a vendor’s store where merchandise is available for purchase shall be quality food items.
(b) Quality food items are defined as:
(1) Food items, including fresh fruits or fresh vegetables, that are free from evidence of spoilage such as rotting, slime, mold, insects, or pests.
(2) Food items with “Use By” or “Use or Freeze By” dates affixed to, or printed on, the food item’s packaging that are sold or offered for sale on or before the “Use By” or “Use By or Freeze By” date.
(3) Infant formula offered for sale before the date affixed to, or printed on, the infant formula packaging as mandated by 21 Code of Federal Regulations parts 106.60(c)(2)(i) and 107.20(c).
(c) A vendor or vendor applicant fails to meet the food item quality authorization criteria when, on any pre-authorization, monitoring, or compliance visit, two (2) or more different WIC authorized food items offered for sale are not quality food items. For purposes of this section, different brands, sizes, flavors, or varieties of WIC authorized foods are considered different food items. For example, a Gala apple is a different food item from a Fuji apple and a half gallon Brand A nonfat milk is a different food item from a gallon Brand A nonfat milk.
(d) Any vendor failing to meet the food item quality authorization criteria shall be issued a written notice of the vendor’s failure to meet authorization criteria. If, after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice, the vendor subsequently fails to meet the food item quality authorization criteria, the vendor shall have demonstrated a pattern of failure to meet food item quality authorization criteria and shall be disqualified from participating in the program for a period of one (1) year for failure to meet authorization criteria.
(e) A vendor applicant who fails to meet the requirements of this section shall be denied authorization.
70800 Incentive Item Requirements.
(a) The Department shall not authorize, or continue authorization of, an above-50-percent vendor, or make payments to an above-50-percent vendor, which provides or indicates an intention to provide prohibited incentive items to customers.
(1) Above-50-percent vendors are those vendors that the Department has determined derive more than fifty percent (50%) of their annual food sales revenue from WIC food instruments, or vendor applicants expected to meet this criterion. The Department shall determine which vendors are above-50-percent vendors using the assessment process in section 50100.
(2) Evidence of intent to provide prohibited incentive items to customers includes, but is not limited to, the following:
(A) Advertisement of the availability of the prohibited incentive items;
(B) Promotion through signage or labeling of prohibited incentive items on store shelves or on the store premises;
(C) Verbal or written accounts of prohibited incentives items being offered; or
(D) Offers of prohibited incentive items during compliance monitoring, as witnessed by Department staff.
(3) Prohibited incentive items for above-50-percent vendors include:
(A) Services which result in a conflict of interest or the appearance of such conflict for the above-50-percent vendor, such as assistance with applying for WIC benefits;
(B) Lottery tickets provided to customers at no charge or below face value;
(C) Cash gifts in any amount for any reason;
(D) Anything made available in a public area as a complimentary gift which may be consumed or taken without charge, unless the incentive item is an allowable incentive item for above-50-percent vendors, as defined in subsection (a)(4);
(E) An allowable incentive item provided more than once per customer per shopping visit, regardless of the number of customers or food instruments involved, unless the incentive items had been obtained by the vendor at no cost or the total documented cost to the vendor for the multiple incentive items provided during one shopping visit is less than two dollars ($2);
(F) Food, merchandise, or services of greater than nominal value provided to the customer, i.e., having a documented cost to the vendor of more than two dollars ($2);
(G) Food or merchandise sold to customers below cost, or services purchased by customers below fair market value;
(H) Any kind of incentive item which incurs a liability for the WIC Program; or
(I) Any kind of incentive item which violates any Federal, State, or local law or regulations.
(4) Allowable incentive items for above-50-percent vendors include:
(A) One or any combination of the following WIC authorized foods; as long as the combined total cost to the vendor is less than two dollars ($2) and the food item(s) meet the requirements for quality food item(s) as defined in section 70750:
1. WIC authorized fresh fruit and vegetables.
2. Fourteen (14) ounce to sixteen (16) ounce cans of any brand or variety of mature beans, mature peas, or lentils.
3. Any variety of prepackaged uncooked, plain, dried, mature beans, peas, or lentils.
4. Commercially made, prepackaged, one hundred percent (100%) corn tortillas.
5. Commercially made, prepackaged, one hundred percent (100%) whole wheat bread. Package must state “100% Whole Wheat” on the front label.
6. Five (5) ounce cans of chunk light, water-packed tuna.
7. WIC authorized supplemental foods offered as part of a taste testing sample to a participant family.
(B) Minor customer courtesies of the retail food trade, such as bagging supplemental foods for the participant and assisting the participant with loading the supplemental foods into his or her vehicle. Minor customer courtesies do not include delivery of the supplemental foods to another location.
(b) The Department shall not authorize, or continue authorization of, a vendor that is not an above-50-percent vendor which provides incentive items solely to WIC participant customers. Incentive items provided by vendors that are not above-50-percent vendors must be offered to all customers.
(1) Incentive items for vendors that are not above-50-percent vendors are defined as:
(A) Free or reduced price food or other items;
(B) Cash or cash gift cards;
(C) Lottery tickets;
(D) Buy one, get one free;
(E) Buy one, get one at a reduced price;
(F) Free amounts added to an item by manufacturer coupons, store loyalty cards, and sales specials for supplemental foods; or
(G) Free or reduced price services and minor customer courtesies of the retail food trade, such as bagging supplemental foods for the participant and assisting the participant with loading the supplemental foods into his or her vehicle.
(c) Vendors found to be out of compliance with this section on the first incidence will be issued a written notice of the vendor’s failure to comply with incentive item requirements. If, after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice, the vendor in a subsequent incident fails to comply with incentive item requirements, the vendor shall have demonstrated a pattern of failure to comply with incentive item requirements and shall be disqualified from participation in the program for a period of one (1) year for failure to meet authorization criteria.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF). Last Amended on 12/10/2018 in Regulatory Bulletin 2018-03 (PDF).
70900 Infant Formula.
Authorized vendors and vendor applicants must purchase all authorized infant formula only from the following suppliers:
(a) A manufacturer of infant formula registered with the Food and Drug Administration;
(b) A wholesaler, distributor, or retailer within California that has a current, valid seller’s permit number that the vendor has verified through the California Board of Equalization; and
(c) A wholesaler, distributor, or retailer outside of California that is a licensed supplier of infant formula in that state and is included on that state WIC agency’s list of authorized suppliers of infant formula.
(d) Vendors found to be out of compliance with this section on the first incidence will be issued a written notice of the vendor’s failure to comply with infant formula purchasing requirements. If after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice the vendor in a subsequent incident fails to comply with infant formula purchasing requirements, the vendor shall have demonstrated a pattern of failure to comply with infant formula purchasing requirements and shall be disqualified from participation in the program for a period of one (1) year for failure to meet authorization criteria.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71000 Inventory Records.
(a) Each vendor, defined in Section 40635, must maintain adequate inventory purchase records, including adequate transfer records if inventory is moved between stores.
(b) If a vendor owns more than one vendor store, including multiple stores under a Master Vendor Agreement, separate inventory purchase records including transfer records, must be maintained for each store location. Inventory purchase records, including transfer records for each individual store under one ownership will be reviewed separately and will not be combined for purposes of audit to determine if a vendor is claiming reimbursement for the sale of a volume of supplemental food which exceeds the vendor inventory purchase documentation for a specific period of time as identified in the audit.
(c) All vendors must maintain inventory purchase records and transfer records for a period of three (3) years and provide agents of the State, the Department, and the Comptroller General of the United States access to these records. Records can be retained in paper or electronic formats.
(d) Inventory purchase records include all of the following:
(1) Records showing all WIC authorized supplemental food purchases, wholesale and retail, in the form of invoices. Each invoice or receipt shall:
(A) Be prepared entirely by the wholesaler, distributor, or retailer from whom the WIC vendor made the purchase;
(B) Indicate the date of purchase, the name of the seller, and the name of the WIC vendor who made the purchase;
(C) Be specific when identifying WIC food items- for example; “milk” is not an adequate identification. It must be specified as to the type of milk, such as “fluid,” “dry,” or “evaporated” and whether it is “whole,” “lowfat,” or “nonfat,” etc. Similarly, “fruit juice” is not an adequate identifier. The type of juice, e.g., “orange” or “apple” must be indicated, and the brand must also be identified;
(D) Identify the quantity and container size of each WIC food item purchased from the wholesaler, (number of containers, cans, boxes, etc., and number of ounces, pounds, etc., per container); and
(E) Indicate the unit price for each WIC food item purchased.
(2) Sales and use tax return, if required by federal and state law
(3) Books of account
(4) Other records that can be used to verify WIC authorized supplemental food item purchases or proper peer group assignment including, but not limited to, check registers and bank statements.
(5) Transfer records. Transfer records must:
(A) Be created at the time the food products are shipped from the location of original delivery to the following vendor store location;
(B) Indicate the date of the transfer;
(C) Indicate the address and store name where the food item is being shipped from;
(D) Indicate the address and store name where the food item is being shipped to;
(E) Be specific when identifying WIC food items – for example; “milk” is not an adequate identification. It must be specified as to the type of milk, such as “fluid,” “dry,” or “evaporated” and whether it is “whole,” “lowfat,” or “nonfat,” etc. Similarly, “fruit juice” is not an adequate identifier. The type of juice, e.g., “orange” or “apple” must be indicated, and the brand must also be identified; and
(F) Identify the quantity and container size of each WIC food item transferred from the source location (number of containers, cans, boxes, etc., and number of ounces, pounds, etc., per container).
(e) If a vendor fails to maintain the required inventory and transfer records, including separate inventory and transfer records for each vendor location owned, the Department shall terminate the vendor’s agreement.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71050 Minimum Lane Coverage Requirements.
(a) Definitions. For purposes of this section, the following definitions apply:
(1) “Annual gross food sales” means the vendor’s documented non-taxable sales of food products, as calculated by the Department in accordance with subsection (c)(2)(B)3.
(2) “Monthly WIC redemptions” means the monthly average of the vendor’s WIC redemptions for the most recent six (6)-month period, rounded to the nearest dollar, as calculated using the Department’s WIC redemption information.
(b) Assessments and Reassessments of Minimum Lane Coverage Requirements.
(1) At initial authorization, and at any reauthorization that occurs before a vendor has at least six (6) months of annual gross food sales and monthly WIC redemptions data, the Department shall assess the minimum number of Lanes that the vendor or vendor applicant is required to equip with EBT Capable Terminals pursuant to subsection (c)(2)(A).
(2) After one (1) year from the vendor’s initial authorization, and at reauthorization, the Department shall reassess the minimum number of Lanes that a vendor is required to equip with EBT Capable Terminals pursuant to subsection (c)(2)(B). The Department may also reassess a vendor’s minimum lane coverage requirements at any time during the term of the vendor agreement.
(3) A vendor that has been authorized for at least six (6) months may submit a written request for the Department to reassess the minimum number of Lanes that the vendor is required to equip with EBT Capable Terminals. This reassessment shall be made in accordance with subsection (c)(2)(B) and the Department shall provide no more than one (1) reassessment per vendor per year pursuant to this subsection.
(c) Minimum Lane Coverage Requirements.
(1) When determining the number of Lanes in a vendor’s store:
(A) All Lanes shall be counted whether they are used full-time or occasionally.
(B) All Lanes in specialty areas or sections shall be counted if the checkout location is capable of transacting “food sales,” as defined in 7 Code of Federal Regulations part 246.2. Examples of specialty areas or sections include but are not limited to jewelry, clothing, and electronics sections, as well as delicatessens and coffee bars where customers may order prepared foods and drinks.
1. Specialty areas or sections shall not be included in the lane count if the checkout location is incapable of transacting food sales.
(C) Automated Teller Machines (ATMs) or in-store banks shall not be included in the lane count.
(2) To satisfy applicable minimum lane coverage requirements, vendors and vendor applicants shall equip Lanes with EBT Capable Terminals as follows:
(A) All vendor applicants, and all vendors that have not undergone a reassessment pursuant to subsection (b)(2) or (b)(3), shall equip at least one (1) Lane with an EBT Capable Terminal.
(B) All vendors that have had their minimum lane coverage requirements reassessed by the Department pursuant to subsection (b)(2) or (b)(3) shall equip Lanes with EBT Capable Terminals based on the reassessment, which shall take into account the vendor’s annual gross food sales and monthly WIC redemptions.
1. If the vendor’s annual gross food sales are greater than two million dollars ($2,000,000), the vendor shall equip Lanes with EBT Capable Terminals as follows:
A. At least one (1) EBT Capable Terminal if the vendor has less than eleven thousand dollars ($11,000) in monthly WIC redemptions.
B. At least two (2) EBT Capable Terminals if the vendor has eleven thousand and one dollars ($11,001) to twenty-two thousand dollars ($22,000) in monthly WIC redemptions.
C. At least three (3) EBT Capable Terminals if the vendor has twenty-two thousand and one dollars ($22,001) to thirty-three thousand dollars ($33,000) in monthly WIC redemptions.
D. At least four (4) EBT Capable Terminals if the vendor has greater than thirty-three thousand and one dollars ($33,001) in monthly WIC redemptions.
E. A vendor shall not be required to equip more than four (4) EBT Capable Terminals, or more EBT Capable Terminals than the number of Lanes in the vendor’s store, regardless of the vendor’s annual gross food sales or monthly WIC redemptions.
2. If the vendor’s annual gross food sales are less than or equal to two million dollars ($2,000,000), the vendor shall equip Lanes with EBT Capable Terminals as follows:
A. At least one (1) EBT Capable Terminal if the vendor has less than eight thousand dollars ($8,000) in monthly WIC redemptions.
B. At least two (2) EBT Capable Terminals if the vendor has eight thousand and one dollars ($8,001) to sixteen thousand dollars ($16,000) in monthly WIC redemptions.
C. At least three (3) EBT Capable Terminals if the vendor has sixteen thousand and one dollars ($16,001) to twenty-four thousand dollars ($24,000) in monthly WIC redemptions.
D. At least four (4) EBT Capable Terminals if the vendor has greater than twenty-four thousand and one dollars ($24,001) in monthly WIC redemptions.
E. A vendor shall not be required to equip more than four (4) EBT Capable Terminals, or more EBT Capable Terminals than the number of Lanes in the vendor’s store, regardless of the vendor’s annual gross food sales or monthly WIC redemptions.
3. For purposes of this section, annual gross food sales shall be calculated as follows:
A. If the vendor files California Department of Tax and Fee Administration State, Local, and District Sales and Use Tax Return statements (CDTFA statements), upon request by the Department, the vendor shall provide true, correct, and complete copies of its most recently filed CDTFA statement(s). The CDTFA statement(s) shall be provided to the Department within thirty (30) days of the date of the Department’s request. Except as provided in this subsection, the vendor’s CDTFA statement(s) shall cover a period of twelve (12) months. If the vendor has not been in operation long enough to have filed CDTFA statement(s) covering a full twelve (12) months, the vendor shall provide CDTFA statement(s) covering the most recent six (6)-month period.
i. If the vendor provides CDTFA statement(s) covering a period of twelve (12) months, the Department shall calculate the vendor’s annual gross food sales as the vendor’s total non-taxable sales of food products for the twelve (12)-month period set forth in the CDTFA statement(s).
ii. If the vendor provides CDTFA statement(s) covering the most recent six (6)-month period, the Department shall calculate the vendor’s annual gross food sales as the vendor’s total non-taxable sales of food products for the most recent six (6)-month period set forth in the CDTFA statement(s), multiplied by two (2).
B. If the vendor does not file CDTFA statements because the vendor does not sell any taxable goods, or if the vendor recently began operations and has not yet filed CDTFA statements covering at least six (6) months of sales, upon request by the Department, the vendor shall provide true, correct, and complete copies of its most recent monthly sales statements and inventory records detailing the vendor’s sales of foods eligible for purchase under the Supplemental Nutrition Assistance Program (SNAP-eligible foods). The monthly sales statements and inventory records shall be provided to the Department within thirty (30) days of the date of the Department’s request. Except as provided in this subsection, the vendor’s monthly sales statements and inventory records shall cover a period of twelve (12) months. If the vendor has not been in operation long enough to have monthly sales statements and inventory records covering a full twelve (12) months, the vendor shall provide monthly sales statements and inventory records covering the most recent six (6)-month period.
i. If the vendor provides monthly sales statements and inventory records covering a period of twelve (12) months, the Department shall calculate the vendor’s annual gross food sales as the vendor’s total sales of SNAP-eligible foods for the twelve (12)-month period set forth in the monthly sales statements and inventory records.
ii. If the vendor provides monthly sales statements and inventory records covering the most recent six (6)-month period, the Department shall calculate the vendor’s annual gross food sales as the vendor’s total sales of SNAP-eligible foods for the most recent six (6)-month period set forth in the monthly sales statements and inventory records, multiplied by two (2).
(3) Self-Checkout Lanes.
(A) A vendor or vendor applicant that makes both attended Lanes with cashiers and self-checkout Lanes available to non-WIC customers shall not equip only self-checkout Lanes with EBT Capable Terminals.
(d) Department-Subsidized Equipment.
(1) If the Department determines that the vendor or vendor applicant is necessary for participant access as specified in California Code of Regulations, title 22, section 40740, subdivision (h), upon written request by the vendor or vendor applicant, the Department shall subsidize the number of EBT Capable Terminals necessary to meet the vendor’s or vendor applicant’s minimum lane coverage requirements.
(2) If, after a reassessment pursuant to this section, the minimum lane coverage requirements for a vendor using Department-provided equipment are reduced, the Department shall stop paying the monthly charge, as set forth in the merchant agreement between the vendor and the Certifying Entity, for any EBT Capable Terminal(s) in excess of the vendor’s reassessed minimum lane coverage requirements. Payment shall terminate after thirty (30) days from the date of the Department’s written notice of intent to stop payment.
(e) Any vendor that fails to submit the annual gross food sales documentation requested by the Department pursuant to this section shall be issued a written notice of the vendor’s failure to meet authorization criteria. If, after thirty (30) days from the date of the notice, the vendor has failed to submit the requested annual gross food sales documentation, the Department shall terminate the vendor’s agreement.
(f) Any vendor that fails to meet applicable minimum lane coverage requirements pursuant to this section shall be issued a written notice of the vendor’s failure to meet authorization criteria. If, after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice, the vendor subsequently fails to meet the minimum lane coverage authorization criteria, the vendor shall have demonstrated a pattern of failure to meet vendor authorization criteria and shall be disqualified for a period of one (1) year.
Promulgated on 06/30/2020 in Regulatory Bulletin 2020-01 (PDF).
71100 Minimum Stocking Requirements.
(a) For authorization in the Program, all vendors and vendor applicants must, at all times, maintain on the premises of the vendor or vendor applicant’s store location WIC authorized supplemental foods in the amounts listed in subsections (b)(1) through (b)(15) below. WIC authorized supplemental foods stocked by vendors and vendor applicants must be quality food items, as defined in section 70750, to be counted towards the minimum stocking requirements in subsections (b)(1) through (b)(15).
(b) Inventory must be stocked on store shelves in the public area of a vendor’s store where merchandise is available for purchase unless subsection (b)(10)(A) or (b)(12)(B) allows specific quantities of stock to be kept in storage on the premises of the store location. For purposes of this regulation, inventory shall not include inventory on order that has not been delivered. Each vendor and vendor applicant must stock, at a minimum, the following:
(1) Bottled Juice and Concentrate.
(A) Eight (8) sixty-four (64) ounce bottles of authorized shelf stable juice; or
(B) Ten (10) eleven and one-half (11.5) or twelve (12) ounce containers of authorized frozen juice concentrate.
(2) Breakfast Cereal. At least one hundred forty-four (144) total ounces of any four (4) different types or brands of authorized cereal. Of the total ounces, one (1) type must be a twelve (12) ounce size box and one (1) type must be an eighteen (18) ounce size box. Two (2) of the types or brands must be listed as cereals which contain fifty-one percent (51%) or more whole grain by weight in section 82100.
(3) Canned Fish.
(A) Twelve (12) five (5) ounce cans of authorized types of tuna; or
(B) Four (4) fifteen (15) ounce cans of authorized types of sardines; or
(C) Twelve (12) five (5) ounce cans, ten (10) six (6) ounce cans, or four (4) fourteen and three-quarters (14.75) ounce cans of authorized types of salmon; or
(D) Four (4) fifteen (15) ounce cans of authorized types of mackerel.
(4) Cheese. At least four (4) sixteen (16) ounce packages of any combination of authorized types of cheese.
(5) Dry Beans, Peas, or Lentils. At least six (6) sixteen (16) ounce packages of any combination of authorized dry beans, peas, or lentils.
(6) Eggs. At least four (4) one (1) dozen containers of authorized types of eggs.
(7) Fresh Bananas. Eight (8) authorized fresh yellow bananas.
(8) Fruits and Vegetables.
(A) Forty dollars ($40) worth of a combination of:
1. Five (5) varieties of authorized fresh fruits; and
2. Five (5) varieties of authorized fresh vegetables.
(B) Any combination of at least forty dollars ($40) worth of three (3) varieties of authorized canned or frozen fruits.
(C) Any combination of at least forty dollars ($40) worth of three (3) varieties of authorized canned or frozen vegetables.
(D) Dollar amounts for fruits and vegetables in subsections (b)(8)(A) through (b)(8)(C) will be calculated based on the vendor’s shelf price.
(E) For the purposes of subsections (b)(8)(A) through (b)(8)(C), “variety” means distinctly different types of fruits or vegetables. For example, a variety of frozen fruits may include authorized frozen strawberries, blueberries, and raspberries. However, a variety does not include different packaging or cuts of the same type of fruit. For example, a variety of canned fruit does not include authorized canned pineapple chunks, pineapple slices, and crushed pineapple. A variety of frozen and canned fruits may include frozen blueberries and canned peaches, but does not include frozen peaches and canned peaches.
(9) Infant Cereal. Two (2) sixteen (16) ounce containers and two (2) eight (8) ounce containers of any authorized brand and type of infant cereal.
(10) Infant Formula. The authorized primary contract brand milk-based infant formula in powdered form currently under contract with the Department, pursuant to section 82600, in the following quantity:
(A) Twenty (20) authorized size containers of the authorized primary contract brand milk-based infant formula in powdered form currently under contract with the Department. Of the twenty (20) containers, at least ten (10) must be on the shelf with the remainder kept in storage on the premises. For example, if the vendor stocks ten (10) containers on the shelf, no less than ten (10) containers must be in storage on the premises.
(11) Infant Fruits and Vegetables. Fifty-six (56) authorized four (4) ounce containers of infant fruits and vegetables.
(12) Milk.
(A) Six (6) one (1) gallon containers of authorized fluid whole milk; and
(B) Fourteen (14) one (1) gallon containers of any combination of two percent (2%), one percent (1%), or nonfat authorized fluid milk. Of the fourteen (14) one (1) gallon containers, at least ten (10) must be on the shelf with the remainder kept in storage on the premises. For example, if the vendor stocks ten (10) one (1) gallon containers on the shelf, no less than four (4) one (1) gallon containers must be in storage on the premises; and;
(C) Two (2) half-gallon containers of any combination of two percent (2%), one percent (1%), or nonfat authorized fluid milk.
(13) Peanut Butter. At least four (4) sixteen (16) to eighteen (18) ounce containers of authorized types of peanut butter.
(14) Whole Grains. At least six (6) sixteen (16) ounce packages of authorized whole grains, which must include:
(A) At least two (2) sixteen (16) ounce packages of one hundred percent (100%) whole wheat bread loaves; and any combination of four (4) sixteen (16) ounce packages of:
1. At least two (2) sixteen (16) ounce packages of soft corn tortillas (white or yellow); or
2. At least two (2) sixteen (16) ounce packages of oatmeal or oats; or
3. At least two (2) sixteen (16) ounce packages of brown rice; or
4. At least two (2) sixteen (16) ounce packages of whole wheat pasta.
(c) A vendor who fails to meet the stocking requirements in this section at any time shall be issued a written notice of the vendor’s failure to meet authorization criteria. If, after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice, the vendor subsequently fails to meet the stocking requirements of this section, the vendor shall have demonstrated a pattern of failure to meet minimum stocking requirements and shall be disqualified from participation in the program for a period of one (1) year for failure to meet authorization criteria.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF). Amended on 12/10/2018 in Regulatory Bulletin 2018-03 (PDF). Last Amended on 1/5/2020 in Regulatory Bulletin 2019-02 (PDF).
71200 Minimum Technology Requirements.
All vendors and vendor applicants must have access to a computer or other electronic device that has the ability to:
(a) Access the internet, and
(b) Receive and send emails, and
(c) Use web-based applications, and
(d) Apply an electronic signature to official documents.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71300 No Conflict of Interest Between the Vendor and the Department or any WIC Local Agency.
The Department shall not authorize a vendor applicant or continue authorization of a vendor if the Department makes a determination that a conflict of interest exists between a vendor and the Department or between a vendor and a local agency. For purposes of this article, local agency is defined to include all employees of local agencies pursuant to Title 22, California Code of Regulations, Section 40641. A conflict of interest exists when:
(a) The vendor could profit by having a relative or an agent who is on the staff of a local agency or the Department who could refer participants to the vendor’s store; or
(b) The vendor could profit by having a relative or an agent who is on the staff of the Department who could make Departmental decisions or influence Department policies and procedures related to program vendors.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71400 Restrictions and Allowed Uses of the WIC Acronym and WIC Logo.
(a) For purposes of this section and all contracts, instructions, forms and other documents related hereto, the following terms are defined:
(1) General Definitions
(A) Point of Display. Point of Display items are used to identify WIC authorized supplemental foods and where authorized supplemental foods are located or shelved. Point of Display items include shelf talkers and signs.
(2) Printing and Image Definitions
(A) CMYK. CMYK, also known as process color, four-color or full color, refers to the four process colors (cyan, magenta, yellow and black) used to create all colors in standard color printing. This process is one of two allowed printing processes for reproduction of the California WIC logo. The CMYK process can create thousands of clear, vibrant colors; therefore, this option is permitted and is the preferred image file for vendors to reproduce the California WIC logo.
(B) EPS Format. EPS, Encapsulated PostScript, is a method for creating logos and other line-art illustrations using mathematical vectors to define the lines and curves that make up the logo or other artwork. These vectors retain proportion within the artwork regardless of how it is resized without loss of detail or distortion. This format is the only allowable option permitted for all reproduction of the California WIC logo.
(C) Spot Color. Spot Color refers to an image file which uses individual Pantone colors instead of CMYK process to reproduce the California WIC logo. It takes four separate Pantone colors to print the logo and the results will not be as rich in color as the CMYK process defined above. This format is one of two allowed options permitted for all reproduction of the California WIC logo. The black and white EPS image file is a variant of the spot color logo that uses a single color (black) to create the California WIC logo.
(D) Vector. Graphic images created by a computer program and stored in file format as a series of numbers which define shape, position and color of EPS images. Vectors are object-oriented and work as a whole unit together. The mathematic property of the vectors allows increase and decrease in image size without distortion.
(E) White Space Required for Newspaper Ad or Insert. Visual area surrounding logo which must be free of typeset, color, or other imagery to prevent detracting from the appearance of the logo. White space is literally space around the logo which is white.
(b) The federal WIC logo and the WIC acronym are registered service marks of the United States Department of Agriculture (USDA). The federal WIC logo and the California WIC logo are the property of the Federal and State Governments, respectively. Vendors and vendor applicants shall not use the WIC acronym or logo except as permitted in this Section 71400:
(1) Vendors and vendor applicants shall not use the federal WIC logo or acronym or the State WIC logo or acronym or close facsimiles thereof, in total or in part in any manner, without prior written consent of the Department.
(2) The Department shall deny authorization or shall not continue authorization of a vendor or vendor applicant whose name or logo includes the WIC acronym, the federal WIC logo, the California WIC logo, or close facsimiles thereof, in total or in part, either in the official name in which the vendor or vendor applicant is registered or in the name under which it does business, if different. This includes, but is not limited to, using the letters “W,” “I,” and “C” in that order next to one another in the vendor or vendor applicant’s name, or these letters in that order but not next to one another, with the letters made to stand out in some fashion, such as with a different color or size than other letters.
(3) Vendors and vendor applicants must not attach or affix in any manner the WIC acronym, the federal WIC logo, or the California WIC logo on any authorized supplemental food or incentive item.
(4) Vendors and vendor applicants may use the California WIC logo only on materials produced or approved by the Department including shelf talkers, posters, signs, decals or stickers.
(5) Vendors may reproduce the California WIC logo in dated, general circulation newspaper ads or inserts that advertise the vendor’s store, as specified in subsection (d) below.
(c) Upon prior written approval by the Department vendors are permitted to print the California WIC logo pursuant to the printing and formatting requirements specified in this Section 71400. When using the California WIC logo, the vendor shall use only the California WIC logo files that are available for download on the Vendor WIC Information eXchange website (“VWIX”) at: https://vwix.ca.gov. These are the only image file options available to WIC authorized vendors for printing the California WIC logo image; no other image file formats are allowed.
(1) Vendors shall print the California WIC logo image using the CMYK process or spot color image file options, as defined in subsection (a) above and in color as specified in subsections (c)(1)(B)-(C) below:
(A) The California WIC logo and tagline may appear in a single color, but only in black on white.
(B) The CMYK combination, a permitted and preferred option, which produces a full-color image of the California WIC logo, shall be as follows:
1. Purple: fifty (50) percent cyan, ninety (90) percent magenta, zero (0) percent yellow, and zero (0) percent black.
2. Red: zero (0) percent cyan, ninety-one (91) percent magenta, eighty-seven (87) percent yellow, and zero (0) percent black.
3. Lime: forty-three (43) percent cyan, zero (0) percent magenta, seventy-nine (79) percent yellow, and zero (0) percent black.
4. Green: seventy-five (75) percent cyan, zero (0) percent magenta, one-hundred (100) percent yellow, and zero (0) percent black.
(C) Pantone colors, a permitted option of the CMYK combination, is used to produce a full-color image of the California WIC logo, shall be as follows:
1. Purple: Pantone 258
2. Red: Pantone 179
3. Lime: Pantone 368
4. Green: Pantone 361
(2) When printing the California WIC logo, vendors shall ensure the California WIC logo remains intact each time it is printed. The California WIC logo includes the WIC acronym and tagline “Families grow healthy with WIC.” The vendor shall not use the tagline as a separate graphic element. Shelf talkers are the only exception and may be printed without the tagline.
(3) When printing the California WIC logo, vendors shall not distort the California WIC logo. When enlarging or scaling it down, vendors shall keep the logo proportionate in size. Changes to the size must be the same percentage increase in both height and width. For example, if the height of the logo image is increased twenty-five (25) percent, the width must also be increased twenty-five (25) percent.
(4) When printing the California WIC logo, vendors shall print only the California WIC logo and not add any additional graphics or text around the logo. Exception: upon approval by the Department additional graphics or text may be allowed when printing the California WIC logo in general circulation newspaper ads or inserts that advertise the vendor’s store when used as specified in subsection (b)(5).
(5) When printing the California WIC logo, vendors shall maintain integrity of the California WIC logo when printing in newspaper ads or inserts by using the white space, as defined in subsection (a)(2)(E), around the logo as downloaded from VWIX.
(6) Vendors shall not wrap text around the white space surrounding the California WIC logo. Vendors shall always leave enough white space around the logo to prevent “crowding” by other elements.
(7) Vendors shall print the California WIC logo in a white box when the logo is placed on a background color or photograph. Vendors shall not print the logo on a solid background color, screen or tint of a color, or a photographic or illustrative background if the background shows through the logo.
(8) Vendors shall not enclose the California WIC logo in other framing shapes including, but not limited to circles or ellipses.
(d) Vendor uses of the California WIC logo. The California WIC logo shall be used only as specified in this subsection (d).
(1) Posters. The Department may provide vendors with posters which include the California WIC logo to identify a store as authorized to accept food instruments from participants for the sale of authorized supplemental foods. Vendors shall not print posters with the federal WIC logo, the WIC acronym, or the California WIC logo. Only posters provided by the Department may include the WIC acronym or logo. Posters provided by the Department may be displayed only on store walls and boards or in window displays.
(2) Decals. The Department may provide vendors with decals to identify a store as authorized to accept food instruments from participants for the sale of authorized supplemental foods. Only decals provided by the Department may be used if the decals include the WIC acronym or logo. Department supplied decals may only be affixed to windows or doors. Vendors shall not print or display any other decals with the federal WIC logo, the WIC acronym, or the California WIC logo.
(3) EBT Lane Markers. The Department may provide vendors with EBT lane markers to identify the Lanes where the vendor processes WIC EBT Transactions. EBT lane markers provided by the Department may be displayed only on Lanes equipped with EBT Capable Terminals or at locations where customers may form a line to use one or more Lanes equipped with EBT Capable Terminals. Only EBT lane markers provided by the Department may include the WIC acronym or logo, and vendors shall not print or display any other EBT lane markers with the federal WIC logo, the WIC acronym, or the California WIC logo.
(4) Point of Display Items
(A) Signs. The Department may provide vendors with signs to identify WIC authorized supplemental foods and where the food items are located or shelved. Signs provided by the Department may be affixed only to displays to identify where authorized supplemental food are located or to emphasize fruits and vegetables as a food item choice. Except as provided in this subsection (d)(4)(A), vendors shall not print or display signs with the federal WIC logo, the WIC acronym, or the California WIC logo.
1. Vendors may print signs with the California WIC logo in accordance with the standards set forth in this subsection. When printing signs for WIC authorized supplemental foods, a vendor may use only the following image containing the California WIC logo, which is available on VWIX and represented below. Vendors may resize the following logo up to six (6) inches in height, but shall not distort the proportion of the logo image. This image is available on VWIX for use as a sign.
A. Logo for Signs
(B) Shelf Talkers. Vendors may display shelf talkers to identify WIC authorized supplemental foods. Shelf talkers may be affixed only to shelves to identify where authorized supplemental foods are located or shelved. Shelf talkers may be provided by the Department or printed by a vendor in accordance with subsections (d)(4)(B)1.-3. below.
1. Shelf talkers printed by a vendor that identify WIC authorized supplemental foods shall comply with the printing and formatting requirements specified in subsection (c).
2. Shelf talkers for WIC authorized supplemental foods shall be printed in color.
3. When printing shelf talkers for WIC authorized supplemental foods, a vendor may use only the images available on VWIX and represented below. Vendors shall not resize or make any other changes to these images.
A. Right Shelf Talker
B. Left Shelf Talker
C. Standard Shelf Talker
(5) Newspaper Ads or Inserts. Upon approval of the Department, vendors may print the California WIC logo in dated, general circulation newspaper ads or inserts that advertise the vendor’s store (for example, a weekly store ad).
(A) Newspaper ads or inserts printed by a vendor must comply with the printing and formatting requirements specified in subsection (c).
(B) Newspaper ads or inserts may be printed in color or in black and white. The black and white logo may only be used in black and white newspaper ads or inserts.
(C) When printing newspaper ads or inserts a vendor may only use one of the following logos, available on VWIX and represented below. The following logos may not be printed larger than one-eighth (1/8) of the total size of the ad or insert:
1. Color Logo
2. Black and White Logo
(e) All vendors wishing to print or use the WIC logo pursuant to the requirements of this Section 71400 shall submit a sample of the proposed use prior to printing or publication to the Department for approval. The Department will review the proposed use for compliance with this Section 71400 and issue a determination as to whether the use is approved within ten (10) business days of receipt of request for approval.
(f) Vendors found to be out of compliance with this section on the first incidence will be issued a written notice of the vendor’s failure to comply with restrictions on the use of the WIC acronym and logo. If after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice the vendor in a subsequent incident fails to comply with restrictions on the use of the WIC acronym and logo, the vendor shall have demonstrated a pattern of failure to comply with restrictions on the use of the WIC acronym and logo and shall be disqualified from participation in the program for a period of one (1) year for failure to meet authorization criteria.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF). Last Amended on 06/30/2020 in Regulatory Bulletin 2020-01 (PDF).
71500 Store Location and Hours.
(a) All vendors and vendor applicants must have a fixed location for each vendor store from which food instruments are transacted and authorized foods provided to participants, and
(b) All vendor stores must be open at least eight (8) hours per day, six (6) days per week. Of the eight (8) hours, at least four (4) of the hours that the vendor is open must be core hours. Core hours are defined as 9:00 a.m. to 5:00 p.m.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71600 Vendors Disqualified from SNAP/CalFresh will not be Authorized Unless Denying Authorization would result in Inadequate Participant Access.
Unless denying authorization of a vendor applicant would result in inadequate participant access, the Department shall not authorize a vendor applicant that is currently disqualified from the SNAP/CalFresh Program or that has been assessed a SNAP/CalFresh civil money penalty for hardship and the disqualification period that would otherwise have been imposed has not expired. Inadequate participant access shall be determined by the criteria specified in Title 22, California Code of Regulations, Section 40740 (h)(1).
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71700 Vendors Must be SNAP/CalFresh Authorized.
As of February 28, 2014, vendors and vendor applicants must be authorized for participation in the SNAP/CalFresh Program at the time of application and at all times during the term of the vendor agreement.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71800 Vendor Training.
(a) Prior to authorization and at least once every three (3) years after authorization while authorized, vendor applicants and vendors or their designated representative must attend an interactive training and successfully pass an examination upon completion of the training as required by Title 22, California Code of Regulations, Section 40733.
(b) All vendors or their designated representatives must also participate in annual training provided by the Department as required by Title 22, California Code of Regulations, Section 40733. Each vendor must certify completion of the annual training by returning, within thirty (30) days of their receipt of the annual training, a statement certifying their participation in the annual training and their understanding of the materials.
(1) The Department will provide written notice to an authorized vendor that fails to complete the annual training.
(2) The vendor will be provided thirty (30) days from the date of the notice to complete the training and certify their participation in the annual training and their understanding of the materials.
(c) Failure to complete the annual training and certify their participation in the annual training and their understanding of the materials thirty (30) days from the date of the written notice will result in the Department terminating the vendor’s agreement.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).
71900 Visible Posted Prices.
(a) All vendors and vendor applicants are required to post prices of all WIC authorized supplemental foods so that the prices are visible to customers.
(1) Prices must be posted on the individual WIC authorized supplemental food item, or
(2) Prices must be posted on the shelf on which the WIC authorized supplemental food is placed, directly below the product,
(3) Directly above the product, or
(4) If the supplemental foods are part of a display, the prices must be posted on the display.
(b) A vendor who fails to meet the price posting requirements of this section at any time shall be issued a written notice of the vendor’s failure to meet authorization criteria. If after thirty (30) days from the date of the notice and within a twenty-four (24) month period from the date of the notice the vendor subsequently fails to meet the price posting requirements of this section, the vendor shall have demonstrated a pattern of failure to meet price posting requirements and shall be disqualified from participation in the program for a period of one (1) year for failure to meet authorization criteria.
Promulgated on 10/17/2013 in Regulatory Bulletin 2013-01 (PDF).