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NOTICE OF FINAL ACTION California Department of Public
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Regulatory Bulletin 2018 03,Page 2 of 9,November 9 2018. 4 One 1 Dozen Large Eggs chicken only,5 Sixty four 64 ounce Shelf Stable Bottled Juice. 6 One 1 Gallon Milk whole and lower fat, 7 Primary contract brand milk based infant formula in powdered form currently. under contract with the Department as defined in section 82600. 8 Sixteen 16 ounce to eighteen 18 ounce Peanut Butter. 9 Sixteen 16 ounce Whole Wheat Bread Loaf, 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,Regulatory Bulletin 2018 03. Page 3 of 9,November 9 2018, 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. 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. 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,Regulatory Bulletin 2018 03. Page 4 of 9,November 9 2018, 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,Regulatory Bulletin 2018 03.
Page 5 of 9,November 9 2018, 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. 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. Regulatory Bulletin 2018 03,Page 6 of 9,November 9 2018.
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. 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. 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. 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. Regulatory Bulletin 2018 03,Page 7 of 9,November 9 2018. 71100 Minimum Stocking Requirements, a For participation in the Program all vendor and vendor applicant locations must at. all times maintain on the premises of the vendor applicant or authorized location the. amounts listed in subsections b 1 15 below of WIC authorized supplemental foods. 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 b 1 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 quantities of stock allowed in. storage on the premises of that store location are specified in subsections b 10 and. 12 For purposes of this regulation inventory shall not include inventory on order that. has not been delivered Each vendor and applicant vendor 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 a 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. D Four 4 fifteen 15 ounce cans of authorized types of mackerel. 4 Cheese At least four 4 one 1 pound packages of any combination of. authorized types of cheese, 5 Dry Beans Peas or Lentils At least six 6 pounds of any combination of. authorized dry beans peas or lentils in either one 1 pound packages or six 6. pounds in bulk, 6 Eggs At least four 4 one 1 dozen containers of authorized types of eggs. 7 Fresh Bananas Eight 8 authorized fresh yellow bananas. Regulatory Bulletin 2018 03,Page 8 of 9,November 9 2018. 8 Fruits and Vegetables, A Thirty eight dollars 38 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 thirty eight dollars 38 worth of three 3. varieties of authorized canned or frozen fruits, C Any combination of at least thirty eight dollars 38 worth of three 3. varieties of authorized canned or frozen vegetables. D Dollar amounts for fruits and vegetables in subsections b 8 A C will. be calculated based on the vendor shelf price, E For the purposes of subsections b 8 A 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 as defined. in 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. A Fifty six 56 four 4 ounce containers or, B Sixty four 64 three and a half 3 5 ounce containers. A Six 6 one 1 gallon containers of authorized fluid whole milk and. Regulatory Bulletin 2018 03,Page 9 of 9,November 9 2018. B Fourteen 14 one 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 Grain At least six 6 pounds of authorized whole grains which must.
A At least two 2 one 1 pound packages of one hundred percent 100. whole wheat bread loaves and any combination of four 4 pounds of. 1 At least two 2 one 1 pound packages of white or yellow soft corn. tortillas or, 2 At least two 2 one 1 pound packages or two 2 pounds of bulk. oatmeal or oats or, 3 At least two 2 one 1 pound packages or two 2 pounds of bulk. 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. Stakeholders may provide feedback regarding the impact of this Final Action and any policy. adjustments to be considered by the Department after implementation Comments may be sent. electronically with the Bulletin number in the subject line to WICRegulations cdph ca gov. CALIFORNIA DEPARTMENT OF PUBLIC HEALTH,Attachment 1. Amendments to the Vendor,Authorization Criteria,Stakeholder Comments and.
Responses to Comments, California Special Supplemental Nutrition Program for Women Infants and Children. November 9 2018, Health and Safety Code section 123322 authorizes the California Department of Public Health. Department to establish regulations regarding Vendor Authorization Criteria for the California. Women Infants and Children WIC Supplemental Nutrition Program using a regulatory bulletin. process The Department is utilizing this process to adopt the regulations set forth in Regulatory. Alert 2018 03 This Attachment is intended to provide responses to stakeholder comments on the. proposed Vendor Authorization Criteria specified in Regulatory Alert 2018 03 Revisions to the. proposed regulation as a result of the stakeholder comment period if any will be adopted into. California regulation, California Department of Public Health Attachment 1 to WIC Regulatory Bulletin 2018 03. WIC Program Amendments to the Vendor Authorization Criteria. November 9 2018 Stakeholder Comments and Responses. This page is left intentionally blank,Table of Contents. How to use this Document 1,Written Comment Letters Received 2.
Letter 1 Sunsweet Growers Inc 3,Letter 2 General Mills 5. Letter 3 California Grocers Association 16, California Department of Public Health Attachment 1 to WIC Regulatory Bulletin 2018 03. WIC Program Amendments to the Vendor Authorization Criteria. November 9 2018 i Stakeholder Comments and Responses. This page is left intentionally blank, California Department of Public Health Attachment 1 to WIC Regulatory Bulletin 2018 03. WIC Program Amendments to the Vendor Authorization Criteria. November 9 2018 ii Stakeholder Comments and Responses. How to Use This Document, This document from the California Department of Public Health Women Infants and Children. Division Department consists of written stakeholder letters provided during the stakeholder. comment period between June 21 and July 13 2018 as well as Departmental responses to. stakeholders comments, This document contains a reproduction of the three stakeholder letters provided to the.
Department with each stakeholder comment enumerated in the margin of each letter. Comments are denoted using a numbering system that identifies the stakeholder s letter and the. specific comment number within each letter For example comment 3 5 refers to the fifth. comment in stakeholder Letter 3 Departmental responses to each of the comments in a. stakeholder s letter follow immediately after the letter and use the same numbering system. Thus response 3 5 addresses comment 3 5 in stakeholder Letter 3. California Department of Public Health Attachment 1 to WIC Regulatory Bulletin 2018 03. WIC Program Amendments to the Vendor Authorization Criteria. November 9 2018 1 Stakeholder Comments and Responses. Written Comment Letters Received, The Department received comment letters regarding the Vendor Authorization Criteria. regulations proposed in Regulatory Alert 2018 03 from the following three organizations. 1 Sunsweet Growers Inc June 20 2018, 2 Tammy M Seitel WIC Director General Mills July 10 2018. 3 Timothy M James Sr Manager California Grocers Association July 13 2018. California Department of Public Health Attachment 1 to WIC Regulatory Bulletin 2018 03. WIC Program Amendments to the Vendor Authorization Criteria. November 9 2018 2 Stakeholder Comments and Responses.

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