Section 320. Retailer agreement

A. The retailer agreement does not constitute a license or a property right. If an authorized retailer wishes to continue to be authorized beyond the current agreement period, the retailer must reapply for authorization. All retailers must be selected under the current selection and authorization criteria being used by the state agency (7 CFR 246.12).

B. Authorized retailers shall use a single uniform retailer agreement. The maximum duration of the retailer agreement shall not exceed three years. The duration of the retailer agreement may be for a period that is less than three years, depending upon whether a county or location is selected to undergo the regional authorization and selection process.

C. A fully executed retailer agreement must be signed by both the authorized retailer representative and a WIC program management representative to be enforceable. The state agency shall provide the retailer or its designated contact person a copy of the signed retailer agreement or authorization acknowledgement letter after all selection and authorization requirements have been met.

D. An authorized retailer must have a signed copy of the retailer agreement for any retailer to be paid for a redeemed WIC food instrument.

E. Revisions, amendments, or modifications to the provisions of the retailer agreement shall be made in writing. The retailer agreement shall be automatically amended upon written notice from the state agency if federal or state laws or regulations require amendments.

F. Authorized retailers shall keep a copy of the updated Retailer Manual, including a copy of the WIC Approved food list, formula flyer, and Cashier Training Guide, at the authorized retailer location.

G. If the retailer appeals an administrative action by the state agency against a retailer and the retailer agreement would otherwise expire during the appeal process, then the state agency shall grant an extension of that retailer's retailer agreement during the pendency of the appeal process. Once an appeal decision has been made, the state agency will proceed with either terminating the existing agreement or issuing a new agreement.

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.