3701-42-05 Authorized supplemental foods; required minimum foods.

(A) The director shall develop a list of authorized supplemental foods; a list of minimum food stocking requirements; and a list of authorized infant formula suppliers. The director shall post these lists to the Ohio department of health's website at least sixty days prior to the effective date of any change.

(1) At least every two years, the director shall review and amend the list of WIC authorized supplemental foods, including any applicable sizes, types, and brands.

(2) At least annually, the director shall review and may amend the list of authorized infant formula suppliers and the list of minimum food stocking requirements.

(B) Each grocery store and grocery store applicant for a vendor contract shall at each location openly and visibly display for sale, at all times, the following minimum authorized supplemental foods in quantities, sizes, types, and brands specified in the list of minimum food stocking requirements:

(1) Liquid milk;

(2) Grade A white chicken eggs;

(3) Two flavors of authorized juice;

(4) Authorized peanut butter;

(5) Three types of authorized cereal, one of which must be whole grain;

(6) Authorized whole grain bread, brown rice, oatmeal in a canister; or corn or whole wheat tortillas;

(7) Authorized beans or peas;

(8) Two types of authorized fruits;

(9) Two types of authorized vegetables;

(10) Authorized infant cereal;

(11) Two types of authorized infant fruits;

(12) Two types of authorized infant vegetables; and

(13) Authorized infant formula.

(C) Each vendor, farmer and vendor and farmer applicant shall:

(1) Clearly mark or post current prices, including sale prices, either on the authorized food item or on a sign immediately next to or in front of the item. For purposes of determining prices charged for a WIC transaction, if a price is not marked or posted for an item, the price listed on the vendor's most recent price survey submitted to the department is deemed to be the price of the item.

(2) Ensure that prices for authorized foods are substantially similar to the prices for those foods, as recorded on the most recent survey, as applicable, submitted to the department.

(3) Ensure that authorized supplemental foods are not spoiled or defective or offered for sale after the expiration date or last date of sale as printed on the food item, or that have been recalled.

(4) Ensure that authorized supplemental foods are stored and displayed in a sanitary manner.

Replaces:

3701-42-05

Effective: 04/01/2011
R.C. 119.032 review dates: 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3701.132
Rule Amplifies: 3701.132
Prior Effective Dates: 1/10/1992 (Emer.), 4/12/92, 4/1/94, 1/26/96, 6/7/99, 6/1/04, 3/20/06, 10/1/09