10A NCAC 43D .0202      DEFINITIONS

(a)  For the purposes of this Subchapter, all definitions set forth in 7 C.F.R. Part 246.2 are hereby incorporated by reference, including subsequent amendments and editions, with the following additions and modifications:

(1)           An "administrative appeal" is an appeal in accordance with Section .0800 of this Subchapter through which a local WIC agency, potential local WIC agency, authorized WIC vendor, or WIC vendor applicant may appeal the adverse actions listed in 7 C.F.R. 246.18(a)(1)(i), (a)(1)(ii), and (a)(3)(i).

(2)           An "authorized store representative" includes an owner, manager, assistant manager, head cashier, or chief fiscal officer.

(3)           An "authorized WIC vendor" is a food retailer or free-standing pharmacy that has executed a currently effective North Carolina WIC Vendor Agreement, as set forth in 7 C.F.R 246.12(h)(3).

(4)           A "chain store" is a store that is owned or operated by a corporation, partnership, cooperative association, or other business entity that has 20 or more stores owned or operated by the business entity.

(5)           An "Electronic Benefit Transfer (EBT) Processor" is an entity contracted by a government agency for the implementation, maintenance, and operation of the State WIC agency's WIC EBT system that acts as the agent of the State WIC agency to process and settle EBT transactions.

(6)           A "fair hearing" is the informal dispute resolution process in Section .0900 of this Subchapter through which any individual may appeal a State or local agency action that results in a claim against the individual for repayment of the cash value of issued benefits by which the individual is not eligible or results in the individual's denial of participation or disqualification from the WIC Program, as set forth in Rule .0410 of this Subchapter. This process must be complied with prior to requesting a contested case hearing in accordance with G.S. 150B, as set forth in 7 CFR 246.9.

(7)           "FNS" means the Food and Nutrition Service of the U.S. Department of Agriculture.

(8)           "Free-standing pharmacy" means a pharmacy that does not operate within another retail store. Free-standing pharmacy includes free-standing pharmacies that are chain stores and free-standing pharmacies participating under a WIC corporate agreement.

(9)           The "local WIC agency" is the local agency that enters into an agreement with the Division of Public Health to operate the Special Supplemental Nutrition Program for Women, Infants and Children.

(10)         A "local WIC program plan" is a written compilation of information on the local WIC agency policies concerning program operation, including administration, nutrition education, personnel functions, costs and other information prepared by the local WIC agency and submitted to the Nutrition Services Branch.

(11)         A "personal identification number" (PIN) is a numeric password selected and used by a WIC participant to authenticate the participant to the EBT system.

(12)         A "point of sale terminal" (POS) is an electronic device used to process EBT card payments at authorized vendor locations.

(13)         A "predominantly WIC vendor" is an "above-50-percent vendor" as defined in 7 C.F.R. 246.2.

(14)         A "product look-up (PLU) code" is an identification number placed on produce sold at authorized vendor locations.

(15)         "Redemption" is the process by which a vendor deposits for payment a food instrument or cash-value voucher transacted at that vendor and the State agency (or its financial agent) makes payment to the vendor for the food instrument or cash-value voucher.

(16)         "Shelf price" is the price a vendor charges a non-WIC customer for a WIC supplemental food.

(17)         "SNAP-eligible food sales" means "food sales" as defined in 7 C.F.R. 246.2, which are those foods that can be purchased with Supplemental Nutrition Assistance Program ("SNAP") benefits.

(18)         The "State agency" is the Nutrition Services Branch, Women's and Children's Health Section, Division of Public Health, North Carolina Department of Health and Human Services.

(19)         "Store" means a food retailer or free-standing pharmacy operating at a single, fixed location.

(20)         "Supplemental food" or "WIC supplemental food" is a food that satisfies the requirements of 10A NCAC 43D .0501.

(21)         " Support costs" are clinic costs, administrative costs, and nutrition education costs.

(22)         "Transaction" is the process by which a WIC customer tenders a food instrument or a cash-value voucher to a vendor in exchange for authorized supplemental foods.

(23)         "Universal Product Code (UPC)" means an identification code printed on the packaging of WIC approved foods sold at WIC authorized vendor locations.

(24)         "Vendor applicant" is a store that has submitted an application to become an authorized WIC vendor but is not yet authorized.

(25)         A "vendor overcharge" is intentionally or unintentionally charging more for supplemental food provided to a WIC customer than to a non-WIC customer or charging more than the current shelf price for supplemental food provided to a WIC customer.

(26)         A "WIC corporate agreement" is a single WIC Vendor Agreement with a corporate entity that has 20 or more stores authorized as WIC vendors under the Agreement.

(27)         "WIC customer" means a WIC participant, parent, or caretaker of an infant or child participant, proxy for the eligible participant, or compliance investigator who tenders a food instrument or a cash-value voucher to a vendor in exchange for WIC supplemental food.

(28)         "WIC program" means the Special Supplemental Nutrition Program for Women, Infants, and Children authorized by 42 U.S.C. 1786 of the Child Nutrition Act of 1966 as amended.

(b)  A copy of 7 C.F.R. Part 246 is available for inspection at the Department of Health and Human Services, Division of Public Health, Women's and Children's Health Section, Nutrition Services Branch, 5601 Six Forks Road, Raleigh, North Carolina 27609. Copies are available at no cost from the Supplemental Nutrition Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 540, Alexandria, Virginia 22302, by calling (703) 305-2730 or online at https://www.ecfr.gov/cgi-bin/text-idx?SID=a42889f84f99d56ec18d77c9b463c613&node=7:


History Note:        Authority G.S. 130A-361; 7 C.F.R. 246; U.S.C. 1786;

Eff. July 1, 1981;

Amended Eff. December 6, 1991; November 1, 1990; July 1, 1989;

Temporary Amendment Eff. May 17, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. August 1, 2004;

Temporary Amendment Eff. July 1, 2006;

Amended Eff. October 1, 2017; February 1, 2013; October 1, 2009; April 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.