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WIC Vendor (Commercial) Agreement 01/2022
STATE OF FLORIDA
DEPARTMENT OF HEALTH
WIC VENDOR (COMMERCIAL) AGREEMENT
This Vendor Agreement (Agreement) is entered between the State of Florida, Department of
Health (the Department) and INSERT VENDOR NAME (Vendor), each a “party” and together the
“Parties”, pursuant to Vendor’s application to the Department requesting participation in the
Special Supplemental Nutrition Program for Women, Infants, and Children, authorized by Section
17 of the Child Nutrition Act of 1966, as amended (the WIC Program). Accordingly, the Parties
agree as follows:
A. General Statement: This Agreement is for the Vendor’s participation in the Women,
Infants, and Children (WIC) Program which serves the needs of WIC Program
Participants and sets forth Vendor’s requirements for participation in the WIC Program.
B. Authority: 7 C.F.R. § 246.12(h).
C. Definitions: The following definitions apply to the terms used within this Agreement.
Should a direct conflict be found between those definitions in 7 C.F.R. § 246 and this
Agreement, only that portion of the definition found in 7 C.F.R. § 246 that is in conflict
with this Agreement will take precedence.
1. Above-50-Percent Stores: Vendors that derive more than 50 percent of their
annual food sales revenue from WIC Electronic Benefit Transfer (EBT)
transactions, and new vendor applicants expected to meet this criterion under
guidelines approved by the Food and Nutrition Services (FNS).
2. Approved Product List (APL): An electronic list identifying WIC Authorized
Supplemental Food Items authorized by the Department for purchase with WIC
benefits. Each WIC Authorized Supplemental Food Item is identified by a unique
product identifier, either a Universal Product Code (UPC) or a Product Look Up
(PLU) code.
3. Authorized Manufacturers, Wholesalers, and Distributors List: A list identifying
the entities from which vendors may purchase infant formula and other WIC
Authorized Supplemental Food Items. Approved entities on the Authorized
Manufacturers, Wholesalers, and Distributors List for Florida will have been
required to provide the Department with proof of appropriate licensure,
registration with the Food and Drug Administration, and other business
documentation to ensure they are able to maintain an appropriate wholesale
inventory. Approved entities must be able to provide complete invoices to
document wholesale food purchases by vendors, and only invoices from
approved entities will be accepted as documentation for WIC inventory audits.
4. Authorized Representative: An adult participant or a parent or caretaker of an
infant or child WIC Program Participant who represents the infant or child for WIC
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WIC Vendor (Commercial) Agreement 01/2022
Program services including the certification process and pick-up and transaction
of WIC EBT cards. The term includes any person authorized to transact WIC
EBT as part of a Compliance Investigation. The term does not include a proxy.
5. Card Accepter Device: An electronic device normally located at a retail grocery
facility through which the WIC EBT “debit” card is “swiped” to record the
authorized account information against which WIC EBT transactions will be
posted.
6. Co-Caretaker: An individual identified by the authorized representative as
sharing responsibility for the care, health, and welfare of an infant or child WIC
Program Participant. This individual may be the mother, father, wife of the father,
husband of the mother, or grandparent of the infant or child WIC Program
Participant, who shares primary caretaker responsibility for the infant or child.
This definition does not include a babysitter unless the babysitter is also one of
those individuals in the category listed above. Only one person may be
designated as a co-caretaker at a time.
7. Competitive Price: A Vendor’s price for each food item will be competitive as
long as the price of the WIC Authorized Food Item or, where applicable, its unit of
measure times its package size is no greater than twenty percent higher than the
Vendor Peer Group and region. Competitive prices for food items will be
determined using food market price data collected from WIC Vendor facilities or
WIC Vendor redemptions. With the exception of above-50-percent stores,
Vendor’s prices will be regarded as non-competitive if the price for one or more
WIC authorized supplemental food item or its unit of measure times its package
size exceeds the Vendor Peer Group average for its region by 20 percent or
more.
8. Compliance Buys: The process of covertly purchasing WIC Authorized Food
Items from a Vendor and the assessment of that Vendor’s processing of the
purchase and claim for reimbursement.
9. Compliance Investigation: The evaluation of a Vendor’s conformance to this
Agreement’s requirements and applicable local, state, and federal requirements
through a variety of methods which may include inventory audits and compliance
buys.
10. Conviction: To have been found guilty, with or without an adjudication of guilt, as
a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
11. Customer Cards: Loyalty cards provided by stores that allow the customer to get
discounts. Customer cards are not EBT cards.
12. Disqualification: The act of ending the WIC Program participation of an
authorized food Vendor whether as a punitive sanction or for administrative
reasons. Vendors are prevented from applying for participation in the WIC
Program during any period of disqualification as stated in this Agreement or
under state or federal WIC Program regulation.
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WIC Vendor (Commercial) Agreement 01/2022
13. Electronic Benefit Transfer (EBT): An electronic system that allows the
Department to provide WIC Authorized Supplemental Food Items to authorized
WIC Program Participants using a magnetically encoded debit or payment card.
14. Florida EBT Provider Certified In-Store WIC EBT System: A system that is
certified by the current Florida EBT contractor to be able to process EBT
transactions in Vendor’s store.
15. Food Delivery System: The method the Department uses to provide WIC
Authorized Supplemental Food Items to WIC Program Participants.
16. Identical WIC Authorized Supplemental Food Item: The exact brand and size as
the original WIC Authorized Supplemental Food Item obtained and returned by
the WIC Program Participant.
17. Inventory Audit: The examination of food invoices or other proof of purchase to
determine whether a Vendor has retained invoices supporting purchase of
sufficient quantities of WIC Authorized Supplemental Food Items to support
redemptions of WIC Authorized Supplemental Food Items provided to WIC
Program Participants as specified on WIC EBT cards that the Vendor redeemed
during a given period of time.
18. Local Agency: As defined by 7 C.F.R. section 246.2, a public or private,
nonprofit health or human service agency which provides health services, either
directly or through a contract, in accordance with section 246.5, an Indian Health
Service (IHS) of the United States Department of Health and Human Services
service unit, an Indian tribe, band or group recognized by the Department of the
Interior which operates a health clinic or is provided health services by an IHS
service unit, or an intertribal council or group that is an authorized representative
of Indian tribes, bands or groups recognized by the Department of the Interior,
which operates a health clinic or is provided health services by an IHS service
unit.
19. Mandatory Minimum Inventory Form: A form that lists the Mandatory Minimum
Inventory Requirements.
20. Mandatory Minimum Inventory Requirements: The least quantity of each of the
required WIC Authorized Supplemental Food Items designated for the WIC
Program that must be maintained on the public sales shelf in the Vendor’s facility
whenever that facility is open for business to the public.
21. Maximum Allowable Reimbursement Level (MARL): The maximum price point
the Department will reimburse the Vendor for food items sold to WIC Program
Participants. The Department may collect all charges above the MARL by
withholding future redemptions until the excess charges have been collected.
The MARL is computed using redemption records the vendors submit from
authorized WIC locations as described in this Agreement and in the WIC State
Plan.
22. Minimum Lane Coverage: The minimum number of checkout lanes in the store
that must be equipped with a POS Terminal that is capable of processing WIC
EBT transactions.
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23. Operating Rules (OR) and Technical Implementation Guide (TIG): Technical
resources for states to apply in their EBT implementation projects for consistency
in WIC EBT online purchase messages and file handling processes used by both
smart cards that work with offline systems and magstrips that work with online
WIC EBT systems. These resources are used by all State agencies, authorized
WIC vendors, and EBT industry stakeholders.
24. Pattern: Two or more occurrences of the same or similar event or transaction or
the same or similar conduct during compliance buys, compliance visits, or
incidences of violations of the WIC Program requirements identified during an
investigation, routine monitoring visits, or EBT redemption reviews.
25. Point of Sale (POS) Terminals: Electronic device used to process card payments
at retail locations. The POS Terminal is referred to as single function if the
machine is only able to process WIC transactions and multi-function if able to
process transactions other than just WIC, such as SNAP or credit or debit card
payments.
26. Price: The cost at which WIC authorized supplemental food items are offered to
the public, exclusive of any temporary reduction in cost due to manufacturer and
store promotions and specials. Examples of promotions and specials include
buy one, get one free; buy one, get one at reduced price; free ounces added by
the manufacturer; manufacturer or store cents-off coupons; or use of a store
savings card or a customer card.
27. Principal: Any individual who holds a management position within or is an officer
of a previously authorized WIC Vendor facility in this or any other state, including
all members of the WIC Vendor facility board of directors.
28. Product Look Up Code (PLU): A system of numbers that uniquely identify bulk
produce sold in grocery stores.
29. Proxy: Any person designated by a woman WIC Program Participant, or by a
parent or caretaker of an infant or child WIC Program Participant, to obtain WIC
EBT cards or to transact WIC EBT redemptions for WIC authorized supplemental
food items on behalf of the WIC Program Participant. Parents or caretakers
applying to the WIC Program on behalf of an infant or child WIC Program
Participant are not considered a proxy.
30. Responsible Principal or Responsible Individual: One of the following individuals
who the Department or the United States Department of Agriculture (USDA)
Food and Nutrition Services (FNS) determines to be responsible for a Vendor’s
violation of WIC Program requirements or the terms of this Agreement: a
principal, whether compensated or uncompensated; any individual employed by
or under contract with a WIC Vendor or applicant; or an uncompensated
individual.
31. Scan Book: A notebook with copies of UPCs that the cashier scans instead of
scanning the actual food item. The WIC Program does not permit the use of a
Scan Book.
32. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC):
Authorized by Section 17 of the Child Nutrition Act of 1966, 42 U.S.C. 1786, WIC
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WIC Vendor (Commercial) Agreement 01/2022
provides federal grants to States. These grants are used for supplemental foods,
health care referrals, and nutrition education for low-income pregnant,
breastfeeding and non-breastfeeding postpartum women, and to infants and
children up to age 5 who are found to be at nutritional risk.
33. Supplemental Nutrition Assistance Program (SNAP): The program authorized by
the Food and Nutrition Act of 2008 (7 U.S.C. 2011, et. seq.), in which eligible
households receive benefits that can be used to purchase food items from
authorized retail stores and farmer’s markets.
34. Then Current: The applicable federal, state, local, and WIC rules and regulations
in effect at the time of an assessment of Vendor conduct. Such assessment may
occur at any point during the term of this Agreement.
35. Trade Secret: The whole or any portion or phase of any compilation of
information which is for use or is used in the operation of a business and which
provides the business an advantage, or an opportunity to obtain an advantage,
over those who do not know or use it. Such trade secret includes commercial
information used in the regulation and payment of WIC Vendors. Specifically,
WIC redemption records identified by Vendor code and shelf prices collected
from WIC Vendors for the purpose of processing payments to those Vendors are
considered to be a trade secret in the possession of the Department for valid
regulatory purposes.
36. Trafficking: The buying, selling, barter, or trade of a WIC EBT card or food items
purchased with WIC funds for cash or for other than their authorized purpose.
Possible indications of trafficking include multiple purchase transactions recorded
too rapidly to be creditable, multiple transactions for individual benefit accounts in
unusually short time frames, exhausting individual WIC Program Participant’s
benefits in unusually short period of time, and excessively large purchase
transactions made from a single WIC Program Participant account.
37. Transact or Transacting: The process between a WIC Program Participant and
WIC authorized Vendor in which a properly completed and verified WIC EBT
transaction are exchanged for the correct size and quantity of WIC Authorized
Supplemental Food Items.
38. United States Department of Agriculture (USDA), Food and Nutrition Service
(FNS): The federal agency that is responsible for managing the WIC Program.
39. Universal Product Code (UPC): The bar codes on packages that are scanned to
get the price of an item.
40. Vendor: The named party to this Agreement that is a sole proprietorship,
partnership, cooperative association, corporation, or other business entity
operating one or more stores authorized by the Department to provide WIC
Authorized Supplemental Food Items to WIC Program Participants under a retail
food delivery system.
41. Vendor Compliance Review: The Department’s systematic evaluation of
Vendor’s facility and WIC Authorized Supplemental Food Item inventory for
compliance with federal and state WIC Program requirements and the terms of
this Agreement. Such review may include covert compliance buys, on-site
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unannounced or scheduled monitoring visits, or submission of records such as
invoices for review.
42. Vendor Peer Group: A system of classification for authorized WIC vendors
based on common characteristics or criteria that affect food prices. The
Department places vendors in Vendor Peer Groups for the purpose of applying
appropriate competitive price criteria to vendors and limiting payments for food to
competitive levels for the benefit of WIC Program Participants.
43. Vendor Program Record: All of Vendor’s food inventory records used for federal
tax reporting purposes; books of account; inventory records showing wholesale
or retail purchases; and original, itemized invoices suppliers provide Vendor at
the time of the purchase of WIC authorized supplemental food items for sale in
the Vendor’s facility that contain the date of the purchase and the type, quantity,
and price of specific WIC authorized supplemental food items.
44. Vendor Violation: Any intentional or unintentional action of Vendor’s current
owners, officers, managers, agents, or employees (with or without the knowledge
of management) that violates this Agreement, federal or state statutes,
regulations, policies, or WIC Program requirements.
45. WIC Authorized Supplemental Food Item: Those types, sizes, and quantities of
foods authorized on WIC EBT accounts and approved by the Department for
issuance to a WIC Program Participant on a WIC EBT account.
46. WIC Logo: A stylized graphic representation of the word WIC as identified by the
USDA’s registered WIC Service Mark, and the State of Florida WIC Program
logo.
47. WIC Program Participant: Pregnant women, breastfeeding women, postpartum
women, infants and children who are receiving supplemental foods or WIC EBT
card for food benefits under the WIC Program, and the breastfed infants of
participant breastfeeding women.
48. WIC Program Requirements: Those procedures, standards, conventions, rules,
regulations, policy, guidance, and instructions published by federal, state, and
local authorities directly or indirectly applicable to the Vendor and its participation
as a WIC Vendor, as designated by the Department.
49. WIC Service Marks (Service Mark): The WIC acronym and WIC Logo registered
with the U.S. Patent and Trademark Office (PTO) by the USDA. The PTO
registration numbers for each are 1,630,468 and 1,641,644.
50. WIC State Plan: A WIC Program operation and administration document that
describes the strategy in which the State agency intends to implement and
operate all aspects of WIC Program administration within its jurisdiction.
51. WIC Vendor Redemption: The process by which a WIC vendor accepts a WIC
EBT transaction from a WIC Program Participant as payment for WIC Authorized
Supplemental Food Items, and the WIC vendor is then reimbursed for these food
items.
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D. Program Background:
1. The United States Secretary of Agriculture is required to administer the WIC
Program pursuant to Section 17 of the Child Nutrition Act of 1966, as amended.
The purpose of the WIC Program is to provide WIC Authorized Supplemental
Food Items and nutrition education at no cost to eligible persons. The WIC
Program serves as an adjunct to good health care during critical times of growth
and development, to prevent the occurrence of health problems, and improve the
health status of WIC Program Participants.
2. The Department’s Bureau of WIC Program Services is authorized to administer
the WIC Program in the state of Florida. The Department is required to design,
establish, and administer a uniform retail food delivery system supporting the
requirements of the WIC Program throughout the state of Florida consistent with
all governing federal and state laws, rules, and regulations. The purpose of the
uniform system is to ensure adequate WIC Program Participant access to WIC
Authorized Supplemental Food Items at the most competitive prices available in
the market.
3. The designed food delivery system permits adult WIC Program Participants, and
parents or caretakers of infant and child WIC Program Participants to obtain WIC
Authorized Supplemental Food Items by submitting a WIC EBT card to an
authorized vendor. The Department issues WIC EBT card accounts to WIC
Program Participants to permit the purchase of WIC Authorized Supplemental
Food Items. The WIC Program Participant accesses the WIC EBT account to
permit payment for WIC Authorized Supplemental Food Items at retail stores
authorized to participate in the WIC Program.
4. WIC EBT transactions are completed in a specific manner with required
information. Vendor will accept WIC EBT as payment for authorized quantities of
WIC Authorized Supplemental Food Items. Vendor’s retail account is credited
with funds based on properly completed WIC EBT transactions.
5. The Department authorizes an appropriate number and distribution of vendors to
meet the WIC Program’s objectives. Vendor has applied for participation in the
WIC Program as an authorized WIC Vendor. The Department has approved
Vendor based upon selection criteria, Vendor’s geographic location, availability to
the WIC Program Participant population, and competitive MARL prices (regular
price and not sale price) within a designated Vendor Peer Group.
6. The Department is required to ensure vendors comply with applicable
competitive price requirements within their respective Vendor Peer Group, detect
questionable WIC EBT transactions, prevent overcharges, and do not engage in
other violations or errors in the WIC Program. Vendors are required to know and
understand the requirements for properly transacting and submitting WIC EBT for
redemption. Therefore, Vendor redemptions will be subject to continual
evaluation for WIC Program compliance errors and violations. The Department
may delay or deny payment, require repayment, and impose sanctions regarding
WIC EBT transactions and redemptions consistent with the requirements of this
Agreement and federal and state of Florida law and regulation.
E. Scope of Work: Vendor will support the objectives of the WIC Program, participate in
the delivery of the WIC Authorized Supplemental Food Items at the lowest possible
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competitive price for the benefit of all WIC Program Participants, maintain its WIC
Program qualifications, and meet all federal and state of Florida WIC Program
requirements for the contract term.
F. Conditions Precedent: Prior to execution of this Agreement, Vendor will obtain and
sign the EBT processor provider form and any associated agreements.
G. Effect of Agreement:
1. This Agreement does not constitute a license or property interest and therefore
does not confer any such rights or privileges. If Vendor wishes to continue to be
authorized beyond the period of its current agreement, the Vendor must reapply
for authorization. If a Vendor is disqualified, the Department will terminate this
Agreement, and the Vendor will have to reapply in order to be authorized after
the disqualification period is over. In all cases, Vendor’s new application will be
subject to the Department’s vendor selection criteria and any vendor limiting
criteria in effect at the time of reapplication.
2. This Agreement applies to Vendor’s single or multiple fixed physical locations
and will encumber Vendor at a single fixed physical address or at multiple
locations at stated fixed physical address as specified in Attachment 2.
H. WIC and SNAP Relationship:
1. The WIC Program and the SNAP, formerly known as the Food Stamp Program,
are federally funded programs governed by rules, policies, and procedures
issued by the FNS.
2. Vendor’s disqualification from the WIC Program may result in Vendor’s
disqualification as a retailer from the SNAP. Such disqualification may not be
subject to administrative or judicial review under the SNAP.
3. A Vendor permanently disqualified from the SNAP will be permanently
disqualified from the WIC Program and this Agreement will be terminated.
I. The Department’s Responsibilities:
1. Provide Vendor Training and Instruction to each Vendor as follows:
a. Prior to or at the time of the first executed agreement between Vendor
and Department;
b. Annually to at least one representative of Vendor. Annual vendor training
will include the requirements specified in 7 C.F.R. § 246.12(i)(2) and may
be provided by the Department in a variety of formats, including
newsletters, videos, and in-person training. In-person training will be
provided:
1) On a date, time, and location designated at the Department’s sole
discretion; and
2) On at least one alternative date designated at the Department’s
sole discretion.
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c. Upon Vendor’s request, provide individual or facility training on
designated portions of the WIC Program that may include but are not
limited to WIC Program rules, WIC EBT transaction and payment
procedures, and inventory requirements, at a mutually convenient time.
2. Provide the following WIC Program materials to Vendor:
a. A Florida WIC Vendor Handbook, available at www.FloridaWIC.org, that
contains the WIC Program requirements that Vendor is required to
enforce while participating in the WIC Program;
b. Mandatory Minimum Inventory Form; and
c. A list of WIC Authorized Supplemental Food Items.
3. Redemption Procedures:
a. The Department will make price adjustments to the purchase price on
WIC Authorized Supplemental Food Items submitted by the Vendor for
redemption to ensure compliance with the price limitations applicable to
the Vendor.
b. The Department will establish and apply limits on the amount of
reimbursement allowed for WIC Authorized Supplemental Food Items
based on a Vendor Peer Group and competitive price criteria.
c. In setting allowable reimbursement levels, the Department will consider
WIC Program Participant access in a geographic area and may include a
factor to reflect fluctuations in wholesale prices.
d. In establishing allowable reimbursement levels for above-50-percent
vendors, the Department will ensure that reimbursements do not result in
higher food costs than if WIC Program Participants used their WIC EBT
card at vendors that are not above-50-percent vendors, or in higher
payment per food item to above-50-percent vendors than average
payments to comparable vendors.
4. Process valid Vendor Submitted EBT Transactions for Payment: The
Department will pay all valid WIC EBT transactions properly submitted for
redemption. WIC EBT transactions may be deemed invalid for payment or, if
paid, future payments may be offset for any of the following reasons:
a. Vendor does not successfully submit the WIC EBT claim to the
Department WIC EBT processing system as required;
b. The WIC EBT transactions appears to be forged, altered, or falsified;
c. Vendor accepted the transaction while disqualified or terminated from the
WIC Program or did not have a fully executed and valid WIC agreement
at the time of the WIC EBT transaction;
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d. Vendor’s redemption exceeded the Vendor Peer Group MARL average
by 20 percent or more;
e. Any item other than WIC Authorized Supplemental Food Items or
unauthorized quantities of foods have been issued;
f. The price of the food item within a transaction exceeds the UPC MARL
for that food item and quantity, or exceeds the Vendor’s store’s customary
selling price for the food issued; or
g. The transaction includes UPCs, PLUs, or dollar amounts for foods not
received by the WIC Program Participant.
5. Process Demand for Repayment:
a. The Department may demand repayment from Vendor consistent with the
terms of this Agreement.
b. The Department may demand repayment for amounts previously paid by
the Department for Vendor redemption requests that exceed Vendor Peer
Group MARL requirements or were transacted by WIC Program
Participants and do not meet WIC Program requirements.
6. Determine Service Mark Use in WIC Vendor Facilities: Within 30 days of receipt
of a complete Vendor request for a Service Mark, the Department will provide a
written determination regarding the Vendor’s proposed use of a Service Mark or
any indication of the Service Mark in brand identification channel strips or shelf
talkers containing such product information.
7. Vendor and Vendor’s Responsible Principal or Responsible Individual:
a. The Department will be responsible to list each designated individual on
any administrative action taken regarding this Agreement.
b. The Department may disqualify Vendor and Vendor’s Responsible
Principal or Responsible Individual from participation in the WIC Program
consistent with the terms of this Agreement and federal rules and policies
governing the WIC Program.
J. Vendor Responsibilities:
1. Vendor will comply with the following:
a. The terms of this Agreement;
b. The Florida WIC Vendor Handbook;
c. The Department specified Mandatory Minimum Inventory Requirements;
d. The requirement to maintain competitive prices within Vendor Peer Group
and under approved cost containment criterion;
e. Federal and state of Florida WIC Program requirements;
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f. Applicable statutes, procedures, policies, and law governing the WIC
Program;
g. Any changes in the WIC Program requirements during the term of this
Agreement;
h. The selection criteria used during Vendor’s successful selection;
i. Changes to the selection criteria adopted during the term of this
Agreement; and
j. The operating rules, standards, and technical requirements established in
the current OR and TIG.
2. Vendor will ensure that no person providing services for Vendor will discriminate
against any WIC Program Participant on the basis of race, color, national origin,
sex, age, or disability.
3. Annual Vendor Training:
a. Ensure one or more Vendor representatives participates in the annual
vendor training, which includes training on civil rights.
b. Train and inform all cashiers and staff on WIC Program requirements and ensure
all cashiers and staff complete the civil rights training provided by the
Department.
c. Ensure a responsible Vendor representative participates in training on WIC
EBT procedures.
d. Ensure all cashiers and staff are fully trained on WIC EBT requirements,
including training in the proper acceptance and processing of WIC EBT
transactions.
4. Operate a single, fixed location store that is open to the public a minimum of forty
hours a week and a minimum of five days a week, for at least six hours a day.
5. Treatment of WIC Program Participants, parents or caretakers, and proxies:
a. Offer WIC Program Participants, parents or caretakers of infant of child
WIC Program Participants, and proxies the same courtesies offered to
other customers. Such courtesies include, but are not limited to:
1) The use of customer cards;
2) Manufacturer and store promotions and specials, such as the use
of coupons or buy-one-get-one-free offers; or
3) Offering the same sales or redemption procedures.
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b. Vendor will not limit check-out services for WIC Program Participants or
prevent WIC Program Participants from making WIC purchases using the
same check-out stations offered to other Vendor customers.
6. Provide WIC Program Participants an itemized receipt for all items purchased
with a WIC EBT card at the time of purchase.
7. Selling Prices and Competitive Prices:
a. Maintain a selling price to cost ratio or “mark-up” for WIC Authorized
Supplemental Food Items that is unchanged by the fact that these foods
are authorized for the WIC Program.
b. Sell all WIC Authorized Supplemental Food Items at competitive prices
consistent with those of Vendor Peer Group at all times during the term of
this Agreement.
c. Mark the current shelf prices of all WIC Authorized Supplemental Food
Items clearly on the food items or have the prices posted on the
appropriate store shelf holding the WIC Authorized Supplemental Food
Item at all times.
8. Participate and cooperate in all Vendor Compliance Reviews and similar
evaluations, which includes production of all documents required by the
individual conducting that review. Vendor will not obstruct or impede the
Department in the full completion of its Vendor Compliance Review
responsibilities.
9. WIC food price list:
a. Submit an accurately completed WIC food price list to the Department
upon the Department’s written request.
b. Submit accurate WIC food price list updates for all foods Vendor offers for
WIC purchase to the Department upon the Department’s written request.
10. Notify the Department of attempted or actual misuse of WIC Authorized
Supplemental Food Items or WIC EBT cards, within twenty-four hours of the
attempted or actual misuse. Such attempted or actual misuse includes, but is not
limited to, selling WIC EBT cards or exchanging WIC EBT cards for cash,
alcoholic beverages, firearms, drugs, or any other items that are not WIC
Authorized Supplemental Food Items.
11. Pay all sanction demands within 30 days as determined by the Department or
pursuant to a hearing consistent with the provisions of this Agreement, 7 C.F.R. §
246, and Chapter 120, Florida Statutes.
12. Maintain monthly redemption in the amount of $1,500.00 or more each month.
This Agreement may be terminated by the Department if Vendor fails to maintain
at least $1,500.00 in redemptions for three months in any twelve month period.
13. Required Capability of Vendor Obtained EBT Card Accepter Device: Vendor is
permitted to obtain EBT readers to support the WIC EBT transactions within its
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facility. EBT readers Vendor obtains that are intended to support the WIC
Program must meet all WIC EBT and Florida EBT provider requirements.
Vendor will:
a. Purchase WIC EBT card terminals that are capable of properly reading
WIC EBT card transactions.
b. Ensure that the WIC EBT card terminals are supported by integrated
software that is fully capable of supporting WIC in-line transactions.
Vendor’s POS system must meet state certification requirements within
30 days of execution of this Agreement, including interoperability and
Florida EBT provider requirements, prior to being placed in operation, to
accept WIC EBT transactions.
c. Be solely responsible for the performance, maintenance, cost of
maintenance, and cost of future replacement of WIC EBT card terminals.
d. Equip all check-out lanes similarly with WIC EBT card terminals and do
not limit check-out services for WIC Program Participants or prevent WIC
Program Participants from using any of the check-out stations offered to
other Vendor customers for integrated equipped grocers.
14. Maintain a Florida EBT provider certified in-store WIC EBT system in a manner
necessary to ensure system availability for WIC redemption processing during all
hours the store is open.
15. EBT Minimum Lane Coverage:
a. Maintain Minimum Lane Coverage as specified by 7 C.F.R. §
246.12(z)(2)i-vii.
b. Deploy POS Terminals used to support the WIC Program consistent with
the minimum lane coverage provisions of 7 C.F.R. § 246.12(z)(2). The
Department may remove excess terminals if actual redemption activity
warrants a reduction consistent with the redemption levels outlined in 7
C.F.R. § 246.12(z)(2)i-ii.
16. EBT third-party processing costs and fees: Vendor will not charge to the
Department any third-party commercial processing costs and fees incurred by
Vendor from EBT multi-function equipment. Commercial transaction processing
costs and fees imposed by a third-party processor that Vendor elects to use to
connect to the EBT system of the state will be borne by Vendor.
17. EBT interchange fees: The Department will not pay or reimburse Vendor for
interchange fees related to WIC EBT transactions.
18. The Department will not pay for ongoing maintenance processing fees or
operational costs for Vendor systems and equipment used to support WIC EBT,
unless the equipment is used solely for the WIC Program or the Department
determines Vendor’s use of multi-function equipment is necessary for WIC
Program Participant access. This also applies to farmers and farmers’ markets.
Costs shared by the Department will be proportional to the usage for the WIC
Program.
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19. Ensure the certified in-lane EBT redemption process allows a reasonable degree
of security for protecting the personal identification number (PIN) used by the
WIC Program Participant. Vendor must not enter the PIN for the WIC Program
Participant.
20. Request the Florida EBT provider re-certify its in-store system within 30 days if
Vendor alters or revises the system in any manner that impacts the WIC EBT
redemption and claims processing system after initial certification is completed.
a. If the WIC EBT system is reconfigured or modified by Vendor or other
parties in such a way that the WIC in-store system no longer exhibits the
required system accuracy, integrity, or performance required and under
which requirements the WIC in-store system was certified, the
Department will not accept a redemption.
b. Vendor is liable for the costs of all recertification events needed to return
the WIC EBT system to full compliance with the Department’s system
requirements for all stores covered by this Agreement, as specified in
Attachment 2. Failure to seek re-certification when Vendor’s system is
altered or revised will subject Vendor to the financial liabilities for all
transactions processed.
21. Connect Vendor’s in-store system for each outlet covered by this Agreement to
the State’s WIC EBT system at least once each 48-hour period to permit claim
submission, download error and report files, reconciliation files, and the APL.
22. Accept financial liability for EBT benefit redemptions resulting from terminated
cards if Vendor has not connected to the WIC EBT system within a contiguous 48-
hour period and updated appropriate files.
23. Retain the EBT processor provider and any associated agreements throughout
the period of this Agreement as a condition of participation as a WIC Vendor.
24. Return any WIC EBT card found in Vendor facility and unclaimed for 24 hours by
mail or in person to the Department.
25. Timely and accurately process all WIC EBT transactions consistent with the WIC
Program’s requirements as follows:
a. Notify the Department if the EBT processor agreement, as specified in
Section F, is terminated. Vendor will be immediately removed from
participation in the WIC Program on the date that agreement terminates.
b. For WIC EBT, scan and charge only the types, sizes, and quantities of
food specified on the WIC Program Participant’s WIC EBT account, and
only deliver the types, sizes, and quantities of food specified on the WIC
Program Participant’s WIC EBT account.
c. Scan or manually enter UPC codes directly from the WIC Authorized
Supplemental Food Items being sold. Vendor may not scan UPC label
information from any source other than directly from the product being
sold and may not maintain a Scan Book or similar device.
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d. Charge WIC Program Participants for WIC Authorized Supplemental
Food Items as follows:
1) Accurately for the WIC Authorized Supplemental Food Items they
present for purchase and receive;
2) No more than the posted shelf prices for these foods;
3) The same price as other customers for the same foods;
4) The exact total price for the WIC Authorized Supplemental Food
Items actually provided the WIC Program Participant and for WIC
EBT scan the appropriate food items to purchase WIC Authorized
Supplemental Food Items; and
5) The WIC Program competitive MARL price consistent with Vendor
Peer Group and region.
26. Release food benefits to WIC Program Participants any time the WIC EBT card
is decremented even if the system fails to process the transaction in the system.
27. Conduct WIC EBT transactions as follows:
a. Accept WIC EBT only from WIC Program Participants or an authorized
representative, co-caretaker, or proxy only upon delivery of the foods to
the WIC Program Participant or an authorized representative, co-
caretaker, or proxy and within the store premises.
b. Ensure the WIC Program Participant, parent or caretaker of an infant or
child WIC Program Participant, or proxy enters the Personal Identification
Number (PIN) in the presence of the cashier.
c. Vendor must have approval from the State WIC Office before using any
form of self-checkout system at their establishment.
c. Confirm the identity of the WIC Program Participants by requiring the use
of the individual PIN to execute the EBT transaction.
d. Refuse to accept a WIC EBT card from any person unable to demonstrate
their authorization to use the WIC EBT card.
e. Require the WIC Program Participant accept and approve the WIC
transaction. Ensure Vendor personnel do not accept and approve any
WIC transactions for WIC Program Participants under any circumstances.
f. Provide an itemized receipt to the WIC Program Participant for each EBT
transaction. Ensure the itemized receipt clearly identifies the item or items
purchased, the individual price charged for each item listed, and provides
the remaining balances of WIC items available.
28. Comply with state policies for creating and updating the in-store UPC category
and subcategory table of WIC Authorized Supplemental Food Items. Failure to
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comply with this requirement will result in Vendor’s financial liability for WIC sales
transactions involving invalid or unauthorized UPC codes.
29. Obligation of Vendor and Vendor’s Responsible Principal or Responsible
Individuals:
a. The execution of this Agreement will subject Vendor and Vendor’s Responsible
Principal or Responsible Individuals to the administrative authority of the
Department regarding Vendor’s responsibilities in the WIC Program.
b. Neither Vendor nor any of its associated disqualified Responsible
Principal or Responsible Individuals will participate in the WIC Program in
the capacity of a Responsible Principal or Responsible Individual, or
owner for the duration of any assessed disqualification from this or any
other State WIC Agency or FNS.
c. Vendor and each of its Responsible Principal or Responsible Individuals
identified will not engage in any conduct intended to circumvent a
properly imposed WIC sanction.
d. Vendor will accept full responsibility for any intentional or unintentional
action of any owners, officers, agents, managers, and employees (with or
without the knowledge of management) that violates this Agreement or
federal or state of Florida statutes, regulations, policies, or procedures
governing the WIC Program.
30. Provide Minimum Inventory of authorized supplemental food at all times. Vendor
will fully support the objectives of the WIC Program and ensure that all inventory,
product quality, and quantity requirements are met at all times on the facility’s
display shelves that are available to the public and:
a. Provide fresh and wholesome products, in a sanitary environment, that
are not expired and have not exceeded their “sell by,” “best if used by,” or
other date limiting the sale or use of the food item in its freshest condition;
b. Maintain at all times the required minimum inventory of WIC Authorized
Supplemental Food Items in the customer sales areas of the store for
purchase by WIC Program Participants; and
c. Purchase all WIC Authorized Supplemental Food Items (including infant
formula) for sale to WIC Program Participants only from manufacturers,
wholesalers, distributors, and retailers authorized by the Department for
WIC requirements. The Authorized Manufacturers, Wholesalers, and
Distributors list is available at www.FloridaWIC.org.
31. Maintain Inventory and Purchase Records for WIC Items: Vendor will maintain
and have available for audit, the following required Vendor Program Records and
will retain these records for three years after December 31 of the year this
Agreement expires or is terminated:
a. Vendor food inventory records used for federal tax reporting purposes;
and
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b. All original, itemized invoices suppliers provide Vendor with at the time of
the purchase of WIC Authorized Supplemental Food Items for sale in
Vendor’s facility. The original, itemized invoices must identify the date of
the purchase and the type, quantity, and price of specific WIC Authorized
Supplemental Food Items.
32. Facilitate Vendor WIC Record and Facility Review: Vendor will maintain its
facility and WIC associated records in such a manner to permit access and
review as required in the following manner:
a. Assure that all required WIC inventory records and purchase invoices
Vendor intends to use to support the receipt of WIC Program funds
provided by the Department are available for inspection, audit, or copying
at a reasonable time or place by the Department or other federal, state of
Florida, or local personnel authorized by this Agreement, administrative
rule, or law. Provide copies of selected invoices to the WIC office upon
request;
b. Allow persons directly connected with or with direct relationship to the
administration or enforcement of the WIC Program to monitor the store for
compliance with WIC Program requirements;
c. Facilitate access and allow persons directly connected with or with direct
relationship to the administration or enforcement of the WIC Program to
audit Vendor’s inventory, any WIC EBT transactions that have not been
processed, and Vendor program-related records at the time of the visit;
d. Acknowledge the result of any facility Vendor Compliance Review,
Compliance Investigation, audit, inventory, and record audit with required
signature of Vendor representative at the time of the review as required
by persons directly connected with or with direct relationship to
administration of the WIC Program; and
e. Execute and provide a written release upon demand to permit the
Department to obtain copies of wholesale Vendor invoices directly from
Vendor’s designated suppliers. Failure to provide such a release will be
grounds for disqualification from the WIC Program.
33. Provide Corrective Action Plan (CAP) Upon Request:
a. Vendor will provide a CAP within 14 days after it is requested addressing
an identified Vendor Violation, error, or misconduct. The CAP will
describe the Vendor Violation, error, or misconduct and Vendor’s planned
actions and assurance of correction of the issue. In those instances
where Vendor is found to have failed to comply with the WIC EBT
operating rules, standards, and technical requirements established in the
current OR and TIG, Vendor will be required to create a CAP showing
their corrective action. In those instances where a correction is required
in the Vendor’s computer system, the CAP may specify the period of time
required to correct the Vendor’s computer system issues; no additional
violation will be recorded until the end of that specified period of time for
that computer issue.
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b. Vendor’s CAP must identify the deficiency, describe the reason for or
issues that caused the deficiency, and describe Vendor’s plan to ensure
the deficiency does not recur.
c. Vendor’s actions in the CAP must resolve a Vendor Violation and prevent
its recurrence for a period of 12 months from the date of the CAP to
remove the violation from consideration as a pattern for purposes of
disqualification determination.
34. Make Payment to the Department as Required:
a. Vendor will make prompt and timely payment for all demands from the
Department.
1) For Recovery of Over Charges: Vendor’s periodic daily
redemptions will be subject to immediate recovery of all over
charges identified. The Department will notify Vendor of such
overcharges and resulting collection action.
2) If Vendor is presented with a request for repayment, within 30
days of receiving the Department’s notification of the requirement
Vendor will refund to the Department:
a) Any payments that exceed the actual shelf price of WIC
Authorized Supplemental Food Items; or
b) Any other payments made on improperly transacted WIC
EBT transactions.
b. For repayment of redemptions in excess of competitive MARL price
required under this Agreement, Vendor agrees that recoupment may be
accomplished during the following month as a condition of compliance
with the terms of this Agreement.
35. Provide Certification and Approval to Access Tax Records as follows:
a. Provide a copy of the state tax record; DR-15; and Form DR 841, 842, or
843; and
b. Grant the Florida Department of Revenue and the Department its full and
unconditional release and permission and grant the Department authority
to obtain copies of Vendor’s DR-15; Form DR 841, 842, or 843; records
upon demand and presentation to the Florida Department of Revenue
without further need or required release or approval. Vendor will execute
any release that may be required to obtain this information from the
Florida Department of Revenue upon the Department’s request.
c. Upon review of the DR-15; Form DR 841, 842, or 843; and associated
records, if the WIC Program finds that Vendor has more than 50 percent
of its total sales in WIC items, Vendor will:
1) Immediately convert to an above-50-percent store. If Vendor
chooses to convert, Vendor will be subject to the above-50-
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percent cost containment requirements on the date it receives the
Department’s formal notification that Vendor is an above-50-
percent store. Subsequent to receipt of notice of above-50-
percent status, Vendor will be subject to repay any amounts paid
to Vendor that exceed the above-50-percent target amount for
each UPC; or
2) Immediately withdraw from the WIC Program. Vendor will stop
submitting further redemptions that are accepted on the date
following receipt of the Department’s formal notification that
Vendor is an above-50-percent store. All redemptions dated on or
prior to that time will be processed and paid.
36. Use WIC Service Mark Only as Authorized:
a. Vendor will not:
1) Infringe on the Service Mark owned by the FNS through improper
or impermissible use;
2) Use the Service Mark in any manner on its goods, containers, or
packages or on tags or labels affixed thereto;
3) Use the WIC Logo in advertising or promotional literature in any
manner;
4) Use the WIC acronym in advertising or promotional materials in
any manner that:
a) Is likely to imply that the WIC Program or USDA endorses
either Vendor or its products;
b) Is likely to cause confusion, mistake, or deception as to the
affiliation or connection of Vendor to the WIC Program;
c) Associates Vendor with the WIC Program other than as a
Vendor authorized to accept WIC EBT;
d) States or implies any WIC Program sponsorship or
approval of Vendor’s goods, services, advertising, or
commercial activities, including nutritional messages, by
the WIC Program, USDA, or the Florida WIC Program; or
e) Uses the WIC acronym except to inform the public that
Vendor is WIC authorized. The proper display of the WIC
disclaimer required in this Agreement must accompany all
such advertising or promotional materials.
5) Affix stickers or permit such stickers to be affixed on any foods
offered for sale to the public containing a Service Mark;
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6) Use the Service Mark, including any close or similar facsimiles
thereof, in total or in part, either in Vendor’s official name or in
Vendor’s fictitious doing business as name;
7) Place the term “WIC Program” in any advertisement, billboard,
poster, store sign, or designation; or
8) Use the letters “W,” “I,” and “C” in that order next to one another in
Vendor’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.
b. Vendor will:
1) Submit any offering or proposal to use a Service Mark or any
indication of the Service Mark in brand identification channel strips
or shelf talkers containing such product information to the
Department for approval at least 30 days prior to any intended
date of use;
2) Only use those signs, stickers, or indicators that the Department
has approved in advance and in writing either in a general
statement of regulation or individually addressed authorization;
3) Include the following properly displayed statement (disclaimer)
when using the WIC acronym to inform the public that Vendor is
WIC authorized: “WIC is a registered service mark of the U.S.
Department of Agriculture for USDA’s Special Supplemental
Nutrition Program for Women, Infants, and Children”;
4) Comply in all respects with the Department’s written determination
of appropriate use of the Service Mark; and
5) Vendor may describe itself as a WIC-authorized food Vendor only,
place Florida WIC Program approved signs on Vendor’s store
stating only that Vendor is a WIC-authorized Vendor, or both.
37. Vendor will provide Written Notice to the Department as follows:
a. Within 30 days in advance if it intends to terminate this Agreement;
b. To request the Department to approve a change in store location at least
30 days in advance of such proposed change;
c. At least 30 days advance notice of any change in Vendor ownership,
management, or cessation of operation; or
d. Of any changes in the operation of the store, including changes in
customer business hours or temporary changes such as closure for
health code violations or suspension of the sale of perishable products
while new refrigeration is being installed with twenty-four hours’ notice.
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K. Prohibited Conduct: Vendor will not engage in the following prohibited conduct:
1. Offer incentives specifically to use WIC EBT. Such prohibited incentives include
but are not limited to raffles, free food or non-food items, grocery delivery, or
customer transportation;
2. Seek restitution from customers for WIC EBT transactions not paid or partially
paid by the Department;
3. Question WIC Program Participants about WIC Program operations or payment
procedures;
4. Charge sales tax on WIC Authorized Supplemental Food Item purchases;
5. Charge the WIC Program for any WIC Authorized Supplemental Food Items not
received by a WIC Program Participant;
6. Provide refunds or permit exchanges for WIC Authorized Supplemental Food
Items obtained with EBT cards, except for exchanges of an identical WIC
Authorized Supplemental Food Item for WIC Authorized Supplemental Food
Items obtained with WIC EBT redemptions when the original WIC Authorized
Supplemental Food Item is defective; spoiled; or has exceeded its “sell by,” “best
if used by,” or other date limiting the sale or use of the WIC Authorized
Supplemental Food Item;
7. Engage in the sale, barter, exchange, or laundering of WIC EBT cards offered
from any source or individual;
8. Require WIC Program Participants or their authorized representatives or proxy to
purchase all of the items prescribed on the WIC EBT card;
9. Deny WIC Program Participants or their authorized representatives or proxy the
option to pay the difference with cash or another form of acceptable payment
when the cost of fruit and vegetable items selected exceeds the available amount
of WIC cash value benefits on the WIC EBT card;
10. Make, keep, or permit anyone else to make or keep a record of a WIC Program
Participant’s name or WIC identification number after a WIC EBT transacted by
or on behalf of a WIC Program Participant has been redeemed or payment has
been denied by the WIC Program, without the WIC Program Participant’s
approval;
11. Provide unauthorized food items, substitution of unauthorized food items, non-
food items, cash, credit, rainchecks for later delivery of a food item, or credit for
past accounts in exchange for WIC EBT transaction;
12. Accept telephone orders for WIC purchases;
13. Accept and hold WIC EBT cards in promise of providing foods at a future date or
different location or for any other purpose whatsoever;
14. Permit Vendor’s current owners, officers, managers, agents, or employees (with
or without the knowledge of management) to violate this Agreement or federal or
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state of Florida statutes, regulations, policies, or procedures governing the WIC
Program;
15. Deny the purchase of a WIC Authorized Supplemental Food Item that is of the
type, size, and quantity authorized in a WIC EBT account and identified as an
eligible food in a Florida WIC Program publication current at the time the WIC
EBT card is presented for transaction; and
16. Hold or use a WIC Program Participant’s WIC EBT card and PIN within Vendor’s
facility for any purpose whatsoever by Vendor, an employee of Vendor, or any
agent of Vendor.
L. Term of the Agreement:
1. This Agreement will become effective on July 1, 2022, or the last date of
signature of both Parties, whichever is later and will end on June 30, 2025.
2. This Agreement will end on the date specified above unless:
a. It is terminated for cause, upon 15 days advanced written notice;
b. It is terminated without cause by either party upon 30 days advanced
written notice;
c. The Department provides written notification, subject to the terms of this
Agreement, that this Agreement will be extended for administrative
convenience; or
d. The Department provides written notification that this Agreement will be
extended until such time as pending administrative action has been
completed.
3. The Department may extend this Agreement for the purpose of completing any
administrative proceedings regarding any WIC Program violation that is alleged
to have occurred during the term of this Agreement.
4. Vendor may not voluntarily withdraw from this Agreement for the purpose of
avoiding a sanction for breach of this Agreement once Vendor has received
written notification that the Department has proposed to disqualify Vendor or take
other administrative action regarding Vendor’s participation in the WIC Program.
M. Termination: This Agreement may be terminated upon written notice without cause by
either party upon 30 days advance notice to the other party provided the Department
has not extended this Agreement for administrative action or for cause upon 15 days
advanced written notice for:
1. The Department’s determination that Vendor provided false or incomplete
information in its application for WIC Program authorization or at any time during
authorization of Vendor;
2. The sale or change of ownership of Vendor’s store or business;
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3. Determination that a conflict of interest exists between Vendor and the WIC
Program at either the state or the local level;
4. A conflict of interest, as defined by Florida law, regulations, or policies, is
identified between the Vendor and the Department or the Department’s local
agencies;
5. Vendor’s failure to remain price competitive, even if actual payments to the
Vendor are within the maximum reimbursement amount;
6. Vendor’s failure to comply with the terms of this Agreement, which will result in
Vendor’s disqualification as a WIC Vendor; or
7. Vendor’s disqualification from the WIC Program.
N. Breach of Agreement: This Agreement will be considered breached and will be
terminated upon Vendor’s:
1. Commission of a WIC Program violation as specified in Attachment 1;
2. Failure to fulfill the terms of this Agreement; or
3. Failure to comply with applicable federal or state of Florida laws or WIC Program
regulations.
O. Notice:
1. All notices and other communications required or permitted under this Agreement
will be in writing and will be deemed received when delivered personally, upon
receipt of the delivered notice, or five days after being sent to the appropriate
entity shown in the identification of Parties in the beginning of this Agreement,
unless otherwise specified herein.
2. The Department may use email to transmit warning letters and notices in lieu of
United States Postal Service. Vendor will provide a current electronic mail
address and ensure that the address is reviewed regularly and kept current.
Letters and notices sent to Vendor’s email address will be considered delivered
five days after transmitted.
3. Vendor will provide the Department written notice of any change in Vendor’s
mailing address (when different than the store’s physical address) within five
days of the change in that address. Vendor will provide written notice of any
change in Vendor’s email address within five days of the change of that address.
4. Notice of Termination: The Notice of Termination of this Agreement will be
provided to Vendor by registered return receipt mail to Vendor’s last self-reported
mailing address. The Notice of Termination will contain:
a. What condition or conditions Vendor has failed to fulfill regarding the
terms of this Agreement, federal or state of Florida laws, or WIC Program
regulations;
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b. Notification of the Department’s intention to terminate this Agreement and
may also include a statement of its intention to seek sanctions for a
breach of this Agreement in addition to termination; and
c. Any applicable right of administrative review regarding the Department’s
decision.
5. Notice of Sanction for Breach of Agreement: The Department must notify a
Vendor when an investigation reveals an initial incidence of a violation for which
a pattern of incidences must be established in order to impose a sanction, before
another such incidence is documented. The Department’s Notice of Sanction for
Breach of this Agreement will be provided to Vendor by registered return receipt
mail to Vendor’s last self-reported mailing address. The Notice of Sanction for
Breach will include the following:
a. What condition or conditions Vendor has failed to fulfill regarding the
terms of this Agreement, federal or state of Florida laws, or WIC Program
regulations;
b. The sanction assessed by the Department under this Agreement; and
c. That Vendor has a right to appeal disqualification or other adverse actions
consistent with the terms of this Agreement.
6. Exception to Notice of Breach: Pursuant to 7 C.F.R. §§ 246.12(l)(3) and
246.18(a)(1)(iii)(F) a warning for an initial violation of WIC Program requirements
will not be given to Vendor in the following on-going investigations and is not
subject to administrative review:
a. WIC inventory audit;
b. WIC disqualification or civil money penalty based on a SNAP violation; or
c. Covert investigation, compliance buy, and similar action by the WIC
Program or another agency.
7. Exception to Notice of Sanction: Pursuant to 7 C.F.R. § 246.12(h)(3)(xix), the
Department is not required to provide a Notice of Sanction if the Department
determines, in its discretion, on a case-by-case basis, that notifying Vendor
would compromise an investigation.
P. Sanctions:
1. Sanctions may be imposed as follows:
a. The Department may sanction Vendor for breach of the terms of this
Agreement.
b. Vendor’s violation of federal or state of Florida laws or of WIC Program
regulations may result in:
1) Termination of this Agreement and a stated period of
disqualification; and
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2) A civil money penalty consistent with the terms of this Agreement.
c. An Administrative Review Official’s determination of a sanction or that
Vendor has breached the terms of this Agreement or violated federal or
state of Florida law or WIC Program regulation; or
d. The final determination of an appellate court regarding an Administrative
Review Official’s finding, imposition of sanction, or termination of this
Agreement.
2. A Sanction for Breach will apply upon:
a. The end of the period after the Department has formally identified a
breach and notified Vendor of the Department’s decision to sanction
Vendor and Vendor’s right to appeal that decision has expired without
such appeal;
b. An Administrative Hearing Officer’s finding that Vendor violated the terms
and conditions of this Agreement or federal and state of Florida statutes,
regulation, rules, policies, or procedures governing the WIC Program
pursuant to 7 C.F.R. § 246.12(h)(3); or
c. An appellate court’s final determination regarding an Administrative
Review Official’s finding, imposition of sanction, or termination of this
Agreement.
Q. Disqualification:
1. Grounds for Disqualification: Vendors will be disqualified and this Agreement
terminated as a result of violations specified in Attachment 1 to this Agreement
and in 7 C.F.R. § 246.
2. After the Department has completed its evidence collection, Vendor will be
notified of the Department’s intent to disqualify Vendor from participation in the
WIC Program for a stated period of time allowed under 7 C.F.R. part 246 and this
Agreement. Upon Vendor’s disqualification from the WIC Program, this
Agreement will be terminated.
3. Vendors who are disqualified may apply for re-authorization as permitted by WIC
Program regulation and must meet all Then Current requirements for
authorization for participation in the WIC Program to be considered for re-
authorization. Approval of all applications will be subject to WIC Program
requirements and needs at the time of application.
4. Civil Money Penalty: A civil money penalty will be imposed in lieu of
disqualification and termination upon the Department’s determination that:
a. Vendor disqualification would result in inadequate WIC Program
Participant access, such access being lack of other WIC Vendors located
within five miles of the subject Vendor;
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b. That the penalty has been correctly calculated pursuant to the formula
established in 7 C.F.R. § 246.12(l)(1)(x)(A)-(C);
c. If the assessment is a second civil money penalty, the Department will
double the original penalty; and
d. Such penalty is not assessed in lieu of disqualification for the third or
subsequent sanction.
R. Payment of Civil Money Penalty: The payment of the civil money penalty may be in
installments upon the Department’s approval. Failure to pay a civil money penalty in full
will result in Vendor’s disqualification from the WIC Program and termination of this
Agreement.
S. Claims Assessed Against Vendors:
1. When it is determined Vendor has committed a Vendor Violation that affects the
WIC payment to Vendor or the Department identifies errors in Vendor’s
redemptions submitted for payment, in addition to any other authorized penalty or
sanction, the Department will delay payment or establish a claim against Vendor.
Such claims will be for:
a. Overcharges on EBT transactions;
b. Charging the WIC Program for food not received by a WIC Program
Participant;
c. Allowing the purchase of ineligible foods or substitutions for foods on a
WIC EBT card account;
d. EBT transaction or redemption violations occurring during a Vendor
Compliance Review;
e. An administrative finding of trafficking or illegal sales of WIC EBT cards or
card account;
f. Receiving, transacting, or redeeming WIC EBT cards outside of
authorized channels (laundering); or
g. Failure to provide valid supplier invoices proving sufficient inventory was
available on Vendor’s sales shelf that support the amount claimed in EBT
redemptions Vendor has submitted for payment to the Department.
2. Vendor will be provided an opportunity to justify or correct a Vendor overcharge
or other error. Should the Department not approve the justification or correction,
Vendor will repay the claim assessed by the Department. Such claims are not
subject to administrative review. In addition to denying payment or assessing a
claim, the Department may sanction the Vendor for Vendor overcharges or other
errors in accordance with the Department’s sanction schedule.
3. Recoupment of payments by the Department in excess of Vendor Peer Group
competitive MARL price will be accomplished during the following month and
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WIC Vendor (Commercial) Agreement 01/2022
repaid as a condition of this Agreement. Such claim is not subject to
administrative review.
4. Claims for repayment may be collected by the Department by:
a. Written request for repayment to Vendor specifying repayment;
b. Offsetting the claim or recoupment against current and subsequent
amounts to be paid to Vendor; or
c. Assignment to a debt collection service if not paid within thirty days of the
demand date.
T. SNAP Civil Money Penalty:
1. The WIC Program:
a. May disqualify a Vendor that has been assessed a civil money penalty in
lieu of other penalty in SNAP because of a hardship; or
b. Will assess a civil money penalty consistent with 7 C.F.R. § 246 when the
WIC Program determines disqualifying a specific Vendor would result in
inadequate WIC Program Participant access.
2. The length of any disqualification assigned will correspond to the period for which
Vendor would otherwise have been disqualified in SNAP.
U. Department Authority to Seek Other Actions at Law:
1. The WIC Program sanctions for Vendor Violations will not be construed as
excluding or replacing any criminal or civil sanctions or other remedies that may
be applicable under any federal or state of Florida statute, local ordinance, or this
Agreement.
2. The WIC Program sanctions do not limit or replace the authority of the USDA,
Comptroller General, or Department to seek damages or civil or criminal action.
3. Nothing in this Agreement precludes the Department from obtaining damages as
well as any other remedy authorized by law as a result of Vendor’s breach of this
Agreement.
V. Prosecution for Fraud or Abuse:
1. A Vendor who commits a WIC Program violation may be prosecuted under
applicable federal, state of Florida, or local laws.
2. Under the Child Nutrition Act of 1966, as amended, and WIC Program
regulations, those who have willfully misapplied, stolen, or fraudulently obtained
WIC Program funds will be subject to a fine of not more than $25,000.00 or
imprisonment for not more than five years or both, if the value of the funds is
$100.00 or more. If the value is less than $100.00, the penalties are a fine of not
more than $1,000.00 or imprisonment for not more than one year, or both.
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WIC Vendor (Commercial) Agreement 01/2022
3. Vendors convicted of a pattern of trafficking or illegal food sales or selling
firearms, ammunition, explosives, or controlled substances as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802) in exchange for WIC EBT
cards will be permanently disqualified from the WIC Program.
a. Vendors will not receive any compensation for revenue lost as a result of
such violation; and
b. The WIC Program may, though it is not required to, impose a civil money
penalty in lieu of disqualification if it determines in its sole discretion:
1) Disqualification of Vendor would result in inadequate WIC
Program Participant access; or
2) Vendor had, at the time of the violation, an effective policy and
program in effect to prevent trafficking and the ownership of
Vendor was not aware of, did not approve of, and was not
involved in the conduct of the violation.
W. Program Application:
1. A Vendor application will be required for participation in the WIC Program from:
a. A new owner of Vendor’s business who wishes to participate as a WIC
Vendor;
b. A Vendor who is disqualified after Vendor’s period of disqualification has
expired; or
c. A current WIC Vendor in good standing wishing to continue as a WIC
Vendor after expiration of its current WIC vendor agreement.
2. WIC Vendor application:
a. The Department’s Vendor selection criteria and Vendor limiting criteria in
effect at the time of application or re-application will apply to:
1) A new Vendor’s application;
2) A Vendor’s re-application after a period of disqualification; or
3) A current WIC Vendor in good standing wishing to continue as a
WIC Vendor after expiration of its current Agreement.
b. A new applicant Vendor is prohibited from accepting WIC EBT
transactions during the application process.
3. Vendor Selection Criteria:
a. The Department may reassess Vendor’s compliance with the Then
Current Vendor selection criteria and current updated Vendor Peer Group
prices at any time during this Agreement.
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WIC Vendor (Commercial) Agreement 01/2022
b. The Department may terminate this Agreement if Vendor fails to meet the
Then Current Vendor selection criteria or current updated Vendor Peer
Group prices.
X. Confidential Information:
1. WIC Program Participant Information:
a. Any information about a WIC Program Participant and their involvement
with the WIC Program, whether obtained from the WIC Program
participant or another source, that identifies a WIC Program Participant
individually or anyone authorized to act on behalf of the WIC Program
Participant is confidential regardless of its original source and exclusive of
previously applicable confidentiality provided under federal or state of
Florida law. Such information will only be disclosed to persons directly
connected with the administration, delivery or enforcement of the WIC
Program, the Department, and those Vendor designates as having a
need to know for WIC Program operation and payment purposes.
b. Such information will not be made available to the public or to any person
who does not have a direct relationship to the administration or
enforcement of the WIC Program.
2. Vendor Information:
a. Vendor information obtained from any source that individually identifies
Vendor is considered confidential except for Vendor’s name, address,
telephone number, website address, e-mail address, store type, and
authorization status. Except as otherwise provided in 7 C.F.R. §
246.26(e), such information will be restricted from disclosure to the public.
b. Portions of Vendor selection criteria are confidential pursuant to WIC
Program requirements.
c. WIC Vendor redemption data that specifically identifies redemptions
combined with the Vendor’s single identifying data is here by declared
and will be maintained as a trade secret pursuant to sections 381.83 and
812.081(1)(c), Florida Statutes. This trade secret information is
considered to be secret, of value, for use or in use by WIC Vendors, an
advantage to the WIC Vendor, and provides an opportunity to obtain an
advantage over those who do not know or use such WIC records.
Compilations of WIC redemptions, competitive analysis, or pricing
information incorporating more than one vendor’s data and masking its
source are not included in this declaration or definition.
Y. General Provisions:
1. Survival of Covenants and Agreements:
a. All representations, covenants, and agreements of the Parties will survive
the consummation of the Agreement and will not be affected by any
investigation by or on behalf of the other party to this Agreement.
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WIC Vendor (Commercial) Agreement 01/2022
Compliance with these terms is a precondition to future participation as a
WIC Vendor.
b. The obligations of the Vendor and Vendor’s Responsible Principal or
Responsible Individual will survive the period of this Agreement
subsequent to the imposition of any WIC sanction.
2. Records Retention and Audit:
a. Vendor will retain all records and accounts required under the terms of
this Agreement.
b. Vendor will be subject to all requirements for restitution or repayment
resulting from an audit or investigation of Vendor’s records and accounts
for a period of three years after December 31 of the year this Agreement
expires is terminated for whatever reason.
c. Public Records: Vendor will keep and maintain public records, as defined
by Chapter 119, Florida Statutes that are required by the Department to
perform the services required by this Agreement. Upon request from the
Department’s custodian of public records, provide the Department with a
copy of the requested public records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed that
provided in Chapter 119, Florida Statutes, or as otherwise provided by
law. Ensure that public records that are exempt or that are confidential
and exempt from public record disclosure are not disclosed, except as
authorized by law for the duration of the Agreement term and following
completion of the Agreement if Vendor does not transfer the public
records to the Department. Upon completion of the Agreement, transfer
to the Department at no cost, all public records in possession of Vendor
or keep and maintain public records required by the Department to
perform the Agreement services. If Vendor transfers all public records to
the Department upon completion of the Agreement, Vendor will destroy
any duplicate public records that are exempt or confidential and exempt.
If Vendor keeps and maintains public records upon completion of the
Agreement, Vendor will meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
Department, upon request of the Department’s custodian of public
records, in a format that is compatible with the information technology
systems of the Department. The Department may unilaterally terminate
this Agreement if Vendor refuses to allow access to all public records
made or maintained by Vendor in conjunction with this Agreement, unless
the records are exempt from section 24(a) of Art. I of the State
Constitution and section 119.07(1), Florida Statutes.
If the Vendor has questions regarding the application
of Chapter 119, Florida Statutes, to the Vendor’s duty
to provide public records relating to this Agreement,
contact the custodian of public records at (850)245-
4005, [email protected] or 4052
Bald Cypress Way, Bin A02, Tallahassee, FL 32399.
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WIC Vendor (Commercial) Agreement 01/2022
d. Cooperation with Inspectors General: To the extent applicable, Vendor
acknowledges and understands it has a duty to and will cooperate with
the inspector general in any investigation, audit, inspection, review, or
hearing pursuant to section 20.055(5), Florida Statutes.
3. Governing Law and Venue:
a. This Agreement will be governed by and construed in accordance with
the laws of the state of Florida.
b. Venue for any action arising from the terms of this Agreement the
application of state or federal law to any dispute between the Parties will
be Leon County, Florida to the exclusion of all other courts and
jurisdictions. Any action regarding this Agreement will be brought to the
Department for an administrative hearing that will be conducted in Leon
County, Florida to the exclusion of all other courts and jurisdictions. In
accordance with section 120.68(2)(a), Florida Statutes, any appeal of a
Final Order will be to the First District Court of Appeal, in Leon County,
Florida or where a party resides or as otherwise provided by law.
4. Administrative Review and Hearing:
a. Vendors who choose to seek an Administrative Review of an adverse
ruling under the terms of this Agreement will submit a written request for
an administrative review to the Department within 21 days of the date the
Vendor is considered to have received notice of the adverse action.
b. Administrative hearings will be conducted pursuant to sections 120.569,
120.57, and 120.80(15), Florida Statutes, and 7 C.F.R. §§ 246.18(a)(3)(i)
and 246.18(b).
c. The Department will appoint an impartial Hearing Officer pursuant to
section 120.80(15), Florida Statutes, and 7 C.F.R. § 246.18(b).
d. Actions listed in 7 C.F.R. § 246.18 will not be subject to appeal.
5. Compliance with Applicable Laws: If any provision of this Agreement is held to
be invalid under any applicable statute or rule of law, such provision, or portion
thereof, is to that extent deemed to be omitted and the remaining provisions of
this Agreement will remain in full force and effect.
6. Assurance of Civil Rights Compliance: Vendor hereby agrees that it will comply
with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975
(42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with Disabilities Act
(ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.C.
12131-12189) and as implemented by Department of Justice regulations at 28
CFR Parts 35 and 36; Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency” (August 11, 2000); all provisions
required by the implementing regulations of the U.S. Department of Agriculture (7
CFR Part 15 et seq.); and FNS directives and guidelines to the effect that no
Page 32 of 39
WIC Vendor (Commercial) Agreement 01/2022
person shall, on the ground of race, color, national origin, age, sex, or disability,
be excluded from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity for which the agency
receives Federal financial assistance from FNS; and hereby gives assurance that
it will immediately take measures necessary to effectuate this agreement.
By providing this assurance, the Vendor agrees to compile data, maintain
records and submit records and reports as required to permit effective
enforcement of the nondiscrimination laws, and to permit Department personnel
during normal working hours to review and copy such records, books and
accounts, access such facilities, and interview such personnel as needed to
ascertain compliance with the non-discrimination laws. If there are any violations
of this assurance, the Department of Agriculture shall have the right to seek
judicial enforcement of this assurance.
This assurance is given in consideration of and for the purpose of obtaining any
and all Federal financial assistance, grants, and loans of Federal funds,
reimbursable expenditures, grant or donation of Federal property and interest in
property, the detail of Federal personnel, the sale and lease of, and the
permission to use Federal property or interest in such property or the furnishing
of services without consideration or at a nominal consideration, or at a
consideration that is reduced for the purpose of assisting the recipient, or in
recognition of the public interest to be served by such sale, lease, or furnishing of
services to the recipient, or any improvements made with Federal financial
assistance extended to the Program applicant by USDA. This includes any
Federal agreement, arrangement, or other contract that has as one of its
purposes the provision of cash assistance for the purchase of food, and cash
assistance for purchase or rental of food service equipment or any other financial
assistance extended in reliance on the representations and agreements made in
this assurance.
This assurance is binding on the Vendor, its successors, transferees, and
assignees as long as it receives or retains possession of any assistance from the
Department. The person or persons whose signatures appear below are
authorized to sign this assurance on the behalf of the Vendor.
7. Non-assignability: Neither this Agreement nor performance under this
Agreement will be assigned. The Department will immediately terminate this
Agreement upon notification of change in ownership.
8. Non-Waiver: The Department’s failure to enforce at any time any provision of
this Agreement, WIC Program policy, or the provisions of 7 C.F.R. § 246 does
not constitute a waiver of that provision of this Agreement or of any other
provision of this Agreement, WIC Program policy, or the provisions of 7 C.F.R. §
246.
9. Remedies Cumulative: The remedies provided in this Agreement will be
cumulative and the assertion by any party of any right or remedy will not preclude
the assertion by such party of any other rights or the seeking of any other
remedies.
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WIC Vendor (Commercial) Agreement 01/2022
10. Successors and Parties in Interest: This Agreement will be binding on and inure
to the benefit of the Parties to it and their successors, provided no assignment
will relieve the assigning party of its obligations under this Agreement.
11. Conflict Between this Agreement and Federal Program Requirements:
a. The terms of this Agreement will govern the conduct of the Parties;
b. Any direct conflict between the terms of this Agreement and WIC Federal
Program requirements stated in 7 C.F.R. § 246, associated WIC Program
regulation, policy or the USDA Approved WIC State Plan, will be resolved
in favor of the current Federal Program requirement, associated WIC
Program regulation, policy or the USDA Approved WIC State Plan for
only those parts of this Agreement’s requirements in direct conflict with
Federal Program requirements, associated WIC Program regulation,
policy or the USDA Approved WIC State Plan. All other provisions will
remain unchanged.
12. Independent Contractors: The Parties hereto are independent contractors with
respect to each other, and nothing contained herein will be construed to create
the relationship of an employee/employer, joint venture, partnership, or
association between the Parties.
13. Entire Agreement: This Agreement constitutes the entire Agreement between
the Parties and supersedes any prior or contemporaneous understanding or
agreement with respect to the transactions contemplated.
14. Amendments:
a. The Agreement may be amended only by an amendment issued by the
Department and accepted by Vendor consistent with the terms of this
Agreement.
b. Multiple locations:
1) Locations may be added to Attachment 2 through amendment of
this Agreement and will be subject to the same terms of this
Agreement. Any such amendment will not affect any other
location specified in Attachment 2 or their obligations under this
Agreement.
2) Locations may be deleted from Attachment 2 through amendment
of this Agreement. Any such amendment will not affect any other
location specified in Attachment 2 or their obligations under this
Agreement.
15. E-Verify: Pursuant to section 448.095(2), Florida Statutes, every public
employer, contractor, or subcontractor, must register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. A
public employer, contractor, or subcontractor may not enter into a contract unless
each party to the contract registers with and uses the E-Verify system. A public
employer, contractor, or subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated section 448.09(1),
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WIC Vendor (Commercial) Agreement 01/2022
Florida Statutes shall terminate the contract with the person or entity. For
purposes of this provision, all references to “contractor” mean “vendor”.
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WIC Vendor (Commercial) Agreement 01/2022
By the below signature, the undersigned warrants and affirms that they have read this entire Agreement,
and that understand and accept the requirements herein.
____________________________
(Print) Store Name
____________________________
(Print) Store Street Address
____________________________
(Print) City County State Zip
____________________________
(Print) Store Mailing Address
____________________________
(Print) City County State Zip
(_____)_____________________
Store Telephone Number
____________________________
(Print) Complete Name of Corporation, Partnership,
Limited Partnership or Sole Proprietorship
____________________________
(Print) Mailing Address of Owner
____________________________
(Print) City County State Zip
____________________________
Federal Employer Identification Number (FEID)
____________________________
Authorized Signature
____________________________
(Print) Name and Title of Authorized Representative
________________________
Date Signed
DO NOT WRITE BELOW THIS LINE
–
FOR DEPARTMENT USE ONLY
Grant of Participation, Agreement Execution, and Authority to Participate in the Florida WIC Program
The undersigned Department Representative is authorized to execute this Agreement with WIC Vendors.
The Department agrees to the terms of the Agreement and grants Vendor authority to participate as a
Vendor in the WIC Program consistent with the terms of the Agreement.
_______________________________
Signature
_______________________________
Printed Name
Division Director__________________
Title
_______________________________
Date
Page 36 of 39
WIC Vendor (Commercial) Agreement 01/2022
Item
WIC Vendor Agreement, Attachment 1
WIC PROGRAM VIOLATIONS
Will Include those stated in 7 C.F.R. § 246
Period of
Disqualification
AN ADMINISTRATIVE OR CRIMINAL CONVICTION OF:
1.
A pattern of trafficking in WIC EBT cards or selling firearms,
ammunition, explosives, or controlled substances (defined in § 102 of
the Controlled Substances Act (21 U.S.C. 802)) in exchange for WIC
EBT cards.
Permanent
Disqualification or
at Department
Discretion a Civil
Money Penalty
pursuant to 7
C
.
F
.
R
.
§
246.12(l)(i)
2
.
One incidence of buying or selling one or more WIC EBT cards
(
trafficking
)
.
6 years
3.
One incidence of selling firearms, ammunition, explosives, or controlled
substances as defined in 21 U.S.C. 802, in exchange for one or more
WIC EBT cards.
6 years
4
.
One incidence of the s
ale of alcoholic beverages or tobacco products in
exchange for one or more WIC EBT cards.
3 years
5
.
A pattern of claiming reimbursement for the sale of an amount of a
specific WIC authorized supplemental food item which exceeds the
store’s documented inventory of that WIC Authorized Supplemental
Food Item for a specific period of time.
3 years
6
.
A pattern of overcharges
.
3 years
7
.
A pattern of r
eceiving, transacting
,
and/or redeeming
a
WIC EBT cards
outside of authorized channels (laundering), including the use of an
unauthorized Vendor and/or an unauthorized person.
3 years
8
.
A pattern of charging for
WIC
A
uthorized
S
upplemental
F
ood
I
tem
not
received by the WIC Program Participant.
3 years
9
.
A pattern of providing credit or non
-
food items, other than alcohol,
alcoholic beverages, tobacco products, cash, firearms, ammunition,
explosives, or controlled substances as defined in 21 U.S.C. 802, in
exchange for one or more WIC EBT cards.
3 years
1
0
.
A pattern of providing unauthorized food items
by type,
or
size, or
quantity in exchange for WIC EBT, including charging for WIC
Authorized Supplemental Food Items provided in excess of those listed
on the WIC EBT account.
1 year
11.
Vendor previously sanctioned (within ten years of date of new violation)
under provisions of one or more of the violations listed in items 1
through 10 above.
Double the
first
applicable sanction
listed for the original
violation. Civil
money penalty
limited by 7 C.F.R.
§ 246.12
12.
Vendor previously sanctioned two or more times (within ten years of
date of new violation) under provisions of one or more of the violations
listed in items 1 through 10 above.
Double the
second
applicable sanction
listed for the original
violation. No civil
money penalty will
be permitted in lieu
of disqualification
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WIC Vendor (Commercial) Agreement 01/2022
13
.
Disqualification from the Supplemental Nutrition Assistance Program
(SNAP), formerly known as the Food Stamp Program.
Same
amount of
time as SNAP
disqualification
(may begin at a
later time)
14
.
Vendor assessed a civil money penalty in lieu of another penalty in
SNAP because of hardship.
Same period of
original SNAP
disqualification
(subject to
participant access
determination)
AN ADMINISTRATIVE DETERMINATION OR ADMINISTRATIVE CONVICTION OF
ENGAGING IN A PATTERN OF THE FOLLOWING:
15
.
Failure to maintain original invoice records of purchases of WIC
Authorized Supplemental Food Items from wholesalers and other
suppliers.
1 year
16
.
Requiring
WIC Program
P
articipants to pay for
a
rejected
WIC
EBT
transactions.
1 year
1
7
.
Failure to allow monitoring by authorized personnel
or interfering with
required compliance monitoring activities.
1 year
18
.
Accepting
WIC
EBT
card or cards
in promise of providing foods at a
future date or different location.
1 year
19
.
Purchasing infant formula from a source not approved by the
Florida
WIC Program.
1 year
20.
Offering incentives specifically to use a WIC EBT card
.
1 year
21.
Charging sales tax on WIC foods
.
1 year
22.
Discrimination against any participant using the WIC EBT card on the
basis of race, color, national origin, sex, age, or disability.
1 year
23.
Failure to provide WIC customers the same courtesies as offered to
other customers.
1 year
24.
Providing refunds or permitting exchanges of foods obtained with the
WIC EBT card, except for exchanges of an identical WIC Authorized
Supplemental Food Item when the original food item is defective,
spoiled, or outdated.
1 year
25.
Failure to
provide at least thirty days advance written notification of any
change in Vendor ownership, store location, or cessation of operations.
1 year
26.
Failure to notify the Department of any changes in the operational
status of the store, including changes in customer business hours and
temporary closures.
1 year
27.
Failure to comply with the Department’s requirements regarding
training on WIC Program procedures
.
1 year
28.
Failure to provide an itemized receipt with each WIC EBT transaction. 1 year
29.
Failure to comply with the terms regarding use of WIC Service Marks
provided in the Agreement and federal and state of Florida regulations
and rule
s
.
1 year
30.
Vendor requiring WIC customers to purchase all items in the WIC EBT
account.
1 year
31.
Vendor making or keeping a record of a WIC Program Participant’s
name or WIC identification number after a WIC EBT card is transacted
by or on behalf of a WIC Program Participant for which payment has
been denied by the WIC Program.
1 year
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WIC Vendor (Commercial) Agreement 01/2022
32.
Use or disclosure of confidential WIC Program Participant information
to persons other than those directly connected with the administration,
delivery or enforcement of the WIC Program, the Department and
those the Vendor designates as having a need to know for WIC
Program operation and payment purposes.
1 year
33.
Vendor voluntarily withdraws from SNAP program during term of the
WIC Vendor Agreement.
1 year
34.
Vendor fails to file redemptions in the amount of $1,500.00 or more or
chain fails to file redemptions in the average amount of $1,500.00 or
more for its stores for three months in any twelve month period.
1 year
35.
Vendor fails to provide the Department authorization to obtain required
tax records such as DR-15 or Form DR 841, 842, or 843.
1 year
36.
Failure to execute and provide a written release to permit the WIC
State Agency to obtain copies of wholesale Vendor invoices directly
from the Vendor’s designated suppliers.
1 year
37.
Failure to scan and enter all sold UPC items, directly from the product
being sold into the redemption system or the use of a “scan book” or
similar device in which a UPC label(s) in such book or other device are
used in place of scanning the product UPC directly from the product
being sold.
1 year
38.
A pattern of violations in compliance reviews, invoice audits,
compliance buys and Mandatory Minimum Inventory Requirements
1 year
39.
A pattern of failure to comply with the WIC EBT operating rules,
standards, and technical requirements established in the current
Operating Rules and the Technical Implementation Guide
.
1 year
Page 39 of 39
WIC Vendor (Commercial) Agreement 01/2022
WIC Vendor Agreement, Attachment 2
APPLICABLE STATEMENT OF APPROVED MULTIPLE PHYSICAL ADDRESSES
(Refer to Terms Controlling Agreement and Amendments for Validity)
