3701-42-01 Definitions.

As used in this chapter:

(A) "Alternate shopper" means any person who is designated by a participant, or by a parent or caretaker of an infant or child participant, to obtain and transact food instruments and who is listed on the "Ohio WIC program ID" card. Parents or caretakers applying on behalf of infants or children participants are not alternate shoppers.

(B) "Authorized supplemental foods" means those items, as listed on the WIC authorized foods list prepared under paragraph (A) of rule 3701-42-05 of the Administrative Code, that are authorized by the director for distribution to participants in exchange for food instruments.

(C) "Contract" means a written agreement between the department and a vendor in which the vendor agrees to transact and redeem food instruments or a written agreement between the department and a farmer in which the farmeragrees to transact and redeem fruit and vegetable vouchers in accordance with the provisions of this chapter.

(D) "Coupon" or "WIC coupon" means a document issued by the department that may be exchanged by a participant or alternate shopper for specified authorized supplemental foods .

(E) "Department" means the Ohio department of health.

(F) "Director" means the director of health or his or her designee.

(G) "EFT" means electronic funds transfer whereby payment, for properly redeemed and submitted food instruments, is deposited electronically into a specified account of a financial institution.

(H) "Farmer" or "WIC farmer" means an individual authorized by the director under a contract executed pursuant to rule 3701-42-10 of the Administrative Code to sell authorized fruits and vegetables to participants or alternate shoppers at a farmstand or farmers' market.

(I) "Farmer violation" means any intentional or unintentional action of a farmer, farmer's officers, managers, agents, or employees (with or without the knowledge of management) that violates the farmer contract, federal or state statutes, regulations, rules, policies or procedures governing the WIC program.

(J) "Farmers' market" means an association of local farmers who assemble at a defined site for the purpose of selling their produce directly to consumers on set days and hours.

(K) "Farmstand" means a site where the farmer sells produce directly to consumers on set days and hours.

(L) "Food and nutrition service" or "FNS" means the office within the United States department of agriculture responsible for the overall administration of the food assistance program and WIC.

(M) "Food assistance" is the program administered by the Ohio department of job and family services to raise nutritional levels, expand buying power and to safeguard the health and well-being of individuals in low-income households in Ohio. It was formerly known as "Food Stamps" and is also currently referred to as the "Supplemental Nutrition Assistance Program" or "SNAP."

(N) "Food instrument" means a coupon, voucher or other document that is used to obtain authorized supplemental foods. When used in this chapter of the Administrative Code, food instrument includes both WIC coupon and fruit and vegetable voucher.

(O) "Food sales" means sale of all foods that are eligible items under the food assistance program.

(P) "Fruit and vegetable voucher," "cash value voucher," "cash value benefit" or "voucher" means the document issued by the department that may be used by a participant or alternate shopper to obtain authorized fruits and vegetables.

(Q) "Infant formula supplier" means a supplier authorized by the director and included on the list of authorized infant formula suppliers pursuant to paragraph (A) of rule 3701-42-05 of the Administrative Code.

(R) "Local WIC agency" means a public or private non-profit health or human services agency that has a contract with the director to assess nutritional needs and to certify participants for participation in the WIC program within a specified local area.

(S) "Location" means a fixed and permanent site operating as a grocery store or pharmacy.

(T) "Participant" means a pregnant, postpartum, or breastfeeding woman, or an infant or child who is receiving authorized supplemental foods.

(1) "Breastfeeding woman" means a woman up to one year postpartum who is breastfeeding her infant.

(2) "Child" means a person who has had his or her first birthday but who has not yet attained his or her fifth birthday.

(3) "Infant" means a person less than one year of age.

(4) "Postpartum woman" means a woman up to six months after termination of pregnancy.

(5) "Pregnant woman" means a woman determined to have one or more embryos or fetuses in utero.

(U) "Participant access" means the ability of participants to procure authorized supplemental foods without undue hardship.

(V) "Pattern" means three or more occurrences.

(W) "Redeem" means the process by which a food instrument is transacted by a vendor or farmer and submitted to a designated processing firm for payment.

(X) "Special infant formula" means an exempt infant formula as defined in 7 C.F.R. section 246.2 (in effect on July 1, 2010). Special infant formula requires a physician's prescription.

(Y) "Time of application" means the date the applicant submits an application for a contract.

(Z) "Vendor price survey" means a document used to collect a vendor's price for selected authorized supplemental foods.

(AA) "Vendor violation" means any intentional or unintentional action of a vendor's owners, officers, managers, agents, or employees (with or without the knowledge of management) that violates the vendor contract, federal or state statutes, regulations, rules, policies, or procedures governing the WIC program.

(BB) "WIC program" means the special supplemental nutrition program for women, infants, and children authorized by section 17 of the "Child Nutrition Act of 1966," 42 U.S.C.A. 1786 , (in effect on July 1, 2010) and administered in Ohio by the department under section 3701.132 of the Revised Code.

(CC) "WIC vendor" or "vendor" means a sole proprietorship, partnership, cooperative association, corporation, limited liability company, or other business entity that operates one or more grocery stores or pharmacies authorized by the director to provide authorized supplemental foods to participants or alternate shoppers under a contract executed under paragraph (A) of rule 3701-42-03 of the Administrative Code. Each store must have a single, fixed location.

(DD) "WIC transaction" means the receipt by a participant or alternate shopper of authorized supplemental foods in exchange for a food instrument .

Effective: 04/01/2011
R.C. 119.032 review dates: 10/18/2010 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3701.132
Rule Amplifies: 3701.132
Prior Effective Dates: 1/10/1992 (Emer.), 4/1/94, 1/26/96, 6/7/99, 7/1/01, 6/21/04, 3/20/06, 10/1/09