Section 420. Change of location

A. Authorized WIC retailers shall provide the state agency with written notice of a retailer's relocation plans within 15 calendar days prior to scheduled move date. Failure to notify the state agency in writing of such actions may result in the state agency taking administrative action, including terminating for cause the retailer's program authorization, unless the state agency determines that inadequate participant access would exist if the authorization were terminated.

B. Relocation of a retailer is defined as:

1. The retailer's physical location changes within the same geographical area or county/city and there is no change in ownership or pricing structure. The retailer must meet one of the following criteria:

a. New retailer location is two miles or less from the former location; or

b. Majority of management and retailer personnel will move to the new location. If the new location is greater than two miles, the WIC Program will evaluate on a case-by-case basis to determine whether the new location is an alternative location and qualifies as a relocation versus a new retailer authorization;

2. The retailer shall be open for business within 15 calendar days or less after moving to a different physical location; and

3. The former retailer location under the existing owner shall be permanently closed for business.

C. The state agency shall ensure that the new location still meets the selection criteria as outlined in 12VAC5-195-340 and 12VAC5-195-360 including being price competitive. Failure to meet all selection criteria may lead to the retailer's authorization being terminated unless the state agency determines that inadequate participant access would exist if the authorization were terminated. Authorized retailers that meet all selection criteria will be permitted by the state agency to continue their authorization without experiencing any disruption in their authorization status. The state agency must assign a new WIC authorization ID to the new retailer location if a new Supplemental Nutrition Assistance Program ID has been issued to the retailer.

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.