3701-42-01 Definitions.

 

 

 

3701-42-01                  Definitions.

 

 

As used in this chapter:

 

(A)   "Alternate shopper" means any person who is designated by a participant, or by a parent or caretaker of an infant or child participant, to obtain and transact food instruments and who is listed on the "Ohio WIC program ID" card. Parents or caretakers applying on behalf of infants or children participants are not alternate shoppers.

 

(B)   "Authorized supplemental foods" means authorized supplemental those foodsitems, as listed on the WIC authorized foods list prepared under paragraph (A) of rule 3701-42-05 of the Administrative Code, that are authorized by the director for distribution to participants in exchange for food instruments.

 

(C)   "Contract" means a written agreement between the department and a vendor in which the vendor agrees to transact and redeem food instruments or a written agreement

between the department and a farmer in

which

the farmer the vendor or farmer

agrees to transact and redeem food instruments and fruit and vegetable vouchers in accordance with the provisions of this chapter.

(D)"Cost containment contract" means a contract in which the department agrees to pay and the vendor agrees to accept as payment for WIC transactions during the term of the contract, no more than eighty percent of the maximum value of the food instrument or the actual amount of sale, whichever is less.

(E)(D) "Coupon" or "WIC coupon" means a document issued by the department that may be exchanged by a participant or alternate shopper for specified authorized supplemental foods at a WIC retail vendor location.

(F)(E) "Department" means the Ohio department of health.

(G)(F) "Director" means the director of health or his or her designee.

(H)(G) "EFT" means electronic funds transfer whereby payment, for properly redeemed and submitted WIC couponsfood instruments, is deposited electronically into a vendor's specified account of a financial institution.

(I)(H) "Farmer" or "WIC farmer" means an individual authorized by the director under a contract executed pursuant to rule 3701-42-10 of the Administrative Code to sell authorized fruits and vegetables to participants or alternate shoppers at a farmstand or farmers' market.

(J)(I)  "Farmer  violation"  means  any  intentional  or  unintentional  action  of  a  farmer,

farmer's officers, managers, agents, or employees (with or without the knowledge of management) that violates the farmer contract, federal or state statutes, regulations, rules, policies or procedures governing the WIC program.

(K)(J) "Farmers' market" means an association of local farmers who assemble at  a defined site for the purpose of selling their produce directly to consumers on set days and hours.

(L)(K) "Farmstand" means a site where the farmer sells produce directly to consumers on set days and hours.

(L) "Food and nutrition service" or "FNS" means the office within the United States department of agriculture responsible for the overall administration of the food assistance program and WIC.

(M) "Food assistance" is the program administered by the Ohio department of job and family services to raise nutritional levels, expand buying power and to safeguard the health and well-being of individuals in low-income households in Ohio. It was formerly known as "Food Stamps" and is also currently referred to as the Supplemental Nutrition Assistance Program or "SNAP."

(N) "Food instrument" means a coupon, voucher or other document that is used to obtain authorized supplemental foods. When used in this chapter of the administrative code, food instrument includes both WIC coupon and fruit and vegetable voucher.

(O) "Food sales" means sale of all foods that are eligible items under the food assistance program.

(M)(P) "Fruit and vegetable voucher," "cash value voucher," "cash value benefit" or "voucher" means the document issued by the department that may be used by a participant or alternate shopper to obtain authorized fruits and vegetables.

(N) "FNS" means the food and nutrition service of the United States department of agriculture.

(O) "Food instrument" means a voucher, coupon or other document that is used to obtain authorized supplemental foods.

(P)(Q) "Infant formula supplier" means a supplier authorized by the director and included on the list of authorized infant formula suppliers pursuant to paragraph (E)(A) of rule 3701-42-05 of the Administrative Code.

(Q)(R)  "Local  WIC  agency"  means  a  public  or  private  non-profit  health  or  human services agency that has a contract with the director to assess nutritional needs and

to certify participants for participation in the WIC program within a specified local area.

(R)(S) "Location" means a fixed and permanent site operating as a grocery store or pharmacy.

(S)(T) "Participant" means a pregnant, postpartum, or breastfeeding woman, or an infant or child who is receiving authorized supplemental foods, food instruments or fruit and vegetable vouchers under the WIC program.

(1)    "Breastfeeding woman" means a woman up to one year postpartum who is breastfeeding her infant.

(2)    "Child" means a person who has had his or her first birthday but who has not yet attained his or her fifth birthday.

(3)   "Infant" means a person less than one year of age.

(4)    "Postpartum woman" means a woman up to six months after termination of pregnancy.

(5)   "Pregnant woman" means a woman determined to have one or more embryos or fetuses in utero.

(T)(U)  "Participant  access"  means  the  ability  of  participants  to  procure  authorized supplemental foods and infant formulas without undue hardship.

(V) "Pattern" means three or more occurrences.

(U)(W) "Redeem" means the process by which a food instrument or fruit and vegetable voucher is transacted by a vendor or farmer and submitted to a designated processing firm for payment.

(V)(X) "Special infant formula" means an exempt infant formula as defined in 7 C.F.R. section 246.2 (in effect on January 1, 2008July 1, 2010). Special infant formula requires a physician's prescription.

(W)(Y) "Time of application" means the date the applicant or vendor initially submits an application for a WIC retail vendor contract.

(X)(Z) "Vendor price survey" means a document that is mailed to WIC retail vendors by

the department on a periodic basis to determine the prices charged for used to collect a vendor's price for selected authorized supplemental foods.

(Y)(AA) "Vendor violation" means any intentional or unintentional action of a vendor's owners, officers, managers, agents, or employees (with or without the knowledge of management) that violates the vendor contract, federal or state statutes, regulations, rules, policies, or procedures governing the WIC program.

(Z)(BB) "WIC program" means the special supplemental nutrition program for women, infants, and children authorized by section 17 of the "Child Nutrition Act of 1966," 42 U.S.C.A. 1786, (in effect on January 2, 2006July 1, 2010) and administered in Ohio by the department under section 3701.132 of the Revised Code.

(AA)(CC) "WIC retail vendor" or "vendor" means a sole proprietorship, partnership, cooperative association, corporation, limited liability company, or other business entity that operates one or more grocery stores or pharmacies authorized by the director to provide authorized supplemental foods to participants or alternate shoppers under a retail vendor contract executed under paragraph (A) of rule 3701-42-03 of the Administrative Code. Each store must have a single, fixed location.

(BB)(DD) "WIC transaction" means the receipt by a participant or alternate shopper of authorized supplemental foods in exchange for a food instrument or voucher.

Effective:                                                     04/01/2011

R.C. 119.032 review dates:                         10/18/2010 and 04/01/2016

CERTIFIED ELECTRONICALLY

Certification

01/20/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           3701.132

Rule Amplifies:                                  3701.132

Prior Effective Dates:                         1/10/1992 (Emer.), 4/1/94, 1/26/96, 6/7/99, 7/1/01,

6/21/04, 3/20/06, 10/1/09