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

 

 

 

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

 

 

 

(A)   At least once each year, theThe director shall review and may amend thedevelop a list of authorized supplementalfoods, including any applicable sizes, types, or brands and a list of minimum food stocking requirements. The director shall review and may amend the list at least once each year of minimum authorized foods including quantities, sizes, types, and brands of each food. The director further shall list those selected authorized food items in a specified size, type, and brand that will be used for comparison by the director in making determinations under paragraph (E)(2)(a) of rule 3701-42-03 of the Administrative Code. The department shallinclude copies of these lists in application packets to applicants for a contract and distribute these lists copies to all affected local WIC agencies and WIC retail 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 WIC retail vendor and applicant for a retail vendor contract shall at each vendor store location openly and visibly display for sale at all times all of the following minimum authorized foods in at least the minimum quantities, sizes, types, and brands as specified in the list of minimum authorized foodsfood 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:Liquid

 

(a) Liquid milk;

 

(2)(b) Grade A white chicken eggs;

 

(3)(c) Three types of authorized juice and one type of authorized infant juice;

 

(4)(d) One type of authorized peanut butter;

 

(5)(e) Three types of authorized cereal and one type of authorized infant cereal;

 

 

 

 

(6)(f) Two types of authorized cheese;

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

(8)(h) One type of both authorized milk-based and soy-based infant formula.

(C)(2) Paragraph (B) of this rule does not apply to a pharmacy that is authorized to provide only infant formula. SuchA vendor or applicant of a pharmacy location shall have the ability to supply non-primary and special infant formula in the necessary quantity within twenty-four hours after a request by a participant, local WIC agency or state WIC agency. The vendor or applicant shall also openly and visibly display for sale at all times all of the following in the minimum quantities specified in the pharmacy list of minimum food stocking requirements:.

(a) One type of authorized infant cereal; and

(b) One type of authorized infant juice.

(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 on a quarterly basis. If, during the application process, a vendor or applicant fails to record a price on the survey for a selected authorized food identified on the survey because the applicant does not stock that selected authorized food, the director shall deem the applicant's or vendor's price for that selected authorized food to be the highest price reported by vendors in that county as reported in the most recently submitted quarterly price surveys.

(D)   Each vendor shall: clearly mark or post current prices, including sales prices either on the authorized food items or on a sign immediately next to or in front of the items. The vendor shall ensure that prices for authorized foods are substantially similar to the prices for those foods, as listed on the department's most recent retail vendor price survey. The vendor also shall ensure that authorized foods are not offered for sale after the expiration date or last date of sale as printed on the food.

(1) Clearly mark or post current prices, including sales 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 supplemental foods are substantially similar to the prices for those foods, as recorded on the vendor's most recent price survey 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.

Effective:                                06/21/2004

R.C. 119.032 review dates:    03/29/2004 and 06/01/2009

CERTIFIED ELECTRONICALLY

Certification

06/11/2004

Date

Promulgated Under:   119.03

Statutory Authority:   3701.132

Rule Amplifies:           3701.132

Prior Effective Dates: 06/07/99