3701-42-05 Authorized supplemental foods; required minimum foods.  

  • Text Box: ACTION: Final Text Box: DATE: 01/20/2011 1:12 PM

     

     

     

    TO BE RESCINDED

     

    3701-42-05                  Authorized supplemental foods; required minimum foods.

     

     

     

    (A)    The director shall develop a list of authorized supplemental foods and a list of minimum food stocking requirements. The director shall include copies of these lists in application packets to applicants for a contract and distribute copies to all affected local WIC agencies and vendors at least sixty days before the lists become effective. In addition, these lists shall be posted to the Ohio department of health's website.

     

    (1)   At least every two years, the director shall review and amend the list of WIC authorized supplemental foods, including any applicable sizes, types, or brands.

     

    (2)  As frequently as determined necessary, the director shall review and may amend the list of minimum food stocking requirements including quantities, sizes, types, and brands of authorized supplemental foods.

     

    (B)    Each vendor and applicant for a contract shall at each location openly and visibly display for sale at all times all of the following minimum authorized supplemental foods in at least the minimum quantities, sizes, types, and brands as specified in the list of minimum food stocking requirements.

     

    (1)   A vendor or applicant of a store location shall display for sale at all times all of the following items in the minimum quantities, sizes, types and brands as specified in the list of minimum food stocking requirements:

     

    (a)   Liquid milk;

     

    (b)   Grade A white chicken eggs;

     

    (c)   Two types of authorized juice;

     

    (d)  One type of authorized peanut butter;

     

    (e)   Three types of authorized cereal, one of which must be whole grain;

     

    (f)     One  type  of  authorized  whole  grain  bread,  brown  rice,  oatmeal  in  a canister, or corn or whole wheat tortilla;

     

    (g)   One type of authorized beans or one type of authorized peas;

     

     

     

    (h)   Two types of authorized fruits;

    (i)   Two types of authorized vegetables;

    (j)   One type of authorized infant cereal;

    (k)   Two types of authorized infant fruits;

    (l)   One type of authorized infant meat;

    (m)   Two types of authorized infant vegetables; and

    (n)   One type of authorized infant formula.

    (2)    A pharmacy location shall have the ability to supply special infant formula in the necessary quantity within twenty-four hours after a request by a participant, local WIC agency or state WIC agency.

    (C)   The director shall develop a vendor price survey and identify on the survey selected WIC authorized food items in a specified size, type, and brand that will be used for comparison by the director in making determinations pursuant to paragraph (E)(3) of rule 3701-42-03 of the Administrative Code. Vendors are required to complete the survey as requested by the department. If, during the application process, a vendor or applicant fails to record a price on the survey for a selected food item because the applicant does not stock that item, the director shall deem the applicant's or vendor's price for that item to be the highest price reported  by vendors in that county as reported in the most recently submitted price surveys.

    (D)  Each vendor, farmer and applicant shall:

    (1)      Clearly mark or post current prices, including sale prices either on the authorized food items or on a sign immediately next to or in front of the items. If a price is not marked or posted for an item, the price listed on the vendor's most recent price survey submitted to the department is deemed to be the price of the item.

    (2)   Ensure that prices for authorized foods are substantially similar to the prices for those foods, as recorded on the most recent price survey, as applicable, submitted to the department.

    (3)    Ensure that authorized supplemental foods are not offered for sale after the expiration date or last date of sale as printed on the food item.

    (E)   The director shall develop a list of authorized infant formula suppliers. The director shall include copies of this list in application packets to applicants for a contract.

    (1)   As often as determined necessary, but at least annually, the director shall review and amend the list of infant formula suppliers.

    (2)    Authorized vendors are required to purchase WIC authorized infant formula from a supplier on the authorized infant formula supplier list.

    Effective:                                                     04/01/2011

    R.C. 119.032 review dates:                         10/18/2010

    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.), 4/12/92, 4/1/94, 1/26/96, 6/7/99,

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

Document Information

Effective Date:
4/1/2011
File Date:
2011-01-20
Last Day in Effect:
2011-04-01
Five Year Review:
Yes
Rule File:
3701-42-05_PH_FF_R_RU_20110120_1312.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 3701-42-05. Authorized supplemental foods; required minimum foods