Section 310. Above 50% retailer screening

A. The state agency shall not authorize any applicant or retailer that is likely to derive 50% or more of its annual food sales from the sale of supplemental foods to WIC participants. Retailers already authorized by the program whose annual WIC food sales rise to 50% or more of their total food sales will have their authorization status terminated. Retailers must submit documentation that permits the state agency to complete its evaluation and identification of above 50% retailers. Failure to submit the requested documentation may lead to the retailer's authorization being terminated.

B. Newly authorized retailers with six months of redemption history shall have their status reviewed to determine if they qualify as an above 50% retailer (7 CFR 246.12). If the state agency's assessment determines the retailer qualifies as an above 50% retailer, the retailer's WIC Program authorization status shall be terminated.

Historical Notes

Derived from Volume 24, Issue 19, eff. May 26, 2008; amended, Virginia Register Volume 25, Issue 22, eff. July 6, 2009; Volume 29, Issue 12, eff. March 13, 2013.

Statutory Authority

§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.