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Section .0700: WIC Program Food Delivery System

10A NCAC 43D .0202 The proposed rule amendments update selected terms to reflect updates to the WIC federal rules that have been incorporated into the revised WIC administrative rules.

10A NCAC 43D .0706 The proposed rule amendments perform the following actions:
(1)  Change title of rule to "Vendor Peer Groups;"
(2)  Transfers Paragraphs (b) through (r) of this Rule to Rules .0707, .0708, .0709 and .0710;
(3)  Eliminate predominantly WIC vendors (vendor type).  Elimination of PWVs would significantly decrease the State's administrative burden and risk associated with the complex calculations, processes, reviews and reports required to manage this vendor type. Additionally, the presence of this vendor type does not provide significant benefit to the community to justify the administrative costs of consistently monitoring these vendors.  Added language which references federal cost containment regulations for methodology used to determine PWV status for vendor applicants and current vendors in addition to consequences of falling into this vendor type; and
(4)  Additional minor changes made to improve administration of vendor management for the WIC Program, including removing the common ownership provision as this provision is not federally required.

10A NCAC 43D .0707 The proposed rule performs the following actions:
(1)  Adopt separate rule entitled "Vendor Applicants."  This Rule is currently Paragraphs (b), (e) and (f) of 10A NCAC 43D .0706;
(2)  Vendor purchases and provision of infant formula to WIC customers;
(A)  Amend current language 10A NCAC 43D .0706(b)(3)(A) and incorporate federal language by reference to ensure compliance with federal regulations;
(B)  Add a waiting period to re-apply for vendor authorization of one year for previously failing to provide infant formula, exempt infant formula and WIC-eligible medical foods from authorized supplier to the WIC participant;
(C)  Amended language regarding what is acceptable for receipts/invoices (referenced Subparagraph (c)(30) of the current rule). Subparagraph (c)(30) is more specific regarding what is acceptable documentation.
(3)  Additional minor changes to improve vendor management and ensure compliance with federal regulations.

10A NCAC 43D .0708, .0710 The proposed rules perform the following actions:
(1)  Adopt separate rules entitled "Authorized Vendors," which is currently Paragraph (c) of 10A NCAC 43D .0706 and "Vendor Violations and Sanctions," which is currently Paragraphs (g) through (r) of 10A NCAC 43D .0706;
(2)  Remove provisions related to predominantly WIC vendors (vendor type);
(3)  Additional minor changes to improve vendor management and ensure compliance with federal regulations; and
(4)  Adopt patterns to disqualify vendors for State-established violations.  Federal regulations now require patterns to disqualify vendors for State-established violations.  Changes to this Rule have been made to ensure compliance with federal regulations.

10A NCAC 43D .0709 The proposed rule performs the following actions:  Adopt separate rule entitled "Local WIC Agency." This Rule is currently Paragraph (d) of 10A NCAC 43D .0706.  Only minor technical changes have been made within the Paragraph.

A public hearing was held on September 27, 2012 at 2 p.m. in the Cardinal Room, located at 5605 Six Forks Road, Raleigh, NC 27609 External link.

Proposed Rules: Section .0700: WIC Program Food Delivery System
Fiscal Note: 10A NCAC 43D.0706: Authorized WIC Vendors
Federal Certification: N/A
Adopted Rule: N/A

Public Comments

The public comment period was from September 04, 2012 through November 05, 2012. Comments for this rule will not be accepted after November 05, 2012.

Additional Links

North Carolina Register External Link