3701-42-12 Farmer responsibilities.

(A)

A farmer shall comply with the requirements set forth in this chapter of the Administrative Code.

(B) A farmer shall provide to participants and alternate shoppers only authorized fruits and vegetables in exchange for valid vouchers.

(C) A farmer shall offer participants and alternate shoppers the same courtesies as extended to other customers including allowing the freedom to select among authorized fruits and vegetables.

(D) In transacting the fruit and vegetable voucher a farmer shall:

(1) Accept a voucher on which the

preprinted information has not been changed or is missing;

(2) Accept a voucher only within the valid period to redeem indicated on the voucher presented by a participant or alternate shopper;

(3) Accept a voucher only after requiring the bearer of the voucher to present a valid Ohio WIC program ID card;

(4) Deduct any discounts offered from the total before recording the actual amount of sale or the value of the voucher, whichever is less, on the voucher;

(5) Complete the voucher in ink at the time of the transaction;

(6) Total and record the price of the selected fruits and vegetables or the value of the voucher, whichever is less, in the appropriate block on the front of the voucher;

(7) Total and record the prices of the selected fruits and vegetables in the appropriate block on the front of the voucher at the time of the transaction;

(8) Record the transaction date in the appropriate block on the front of the voucher at the time of the transaction;

(9) Obtain the signature of the participant or alternate shopper on the voucher in the presence of the cashier after the amount of sale is recorded;

(10) Be responsible for all vouchers accepted or processed for payment by current and former employees or agents of the farmer including any person or persons operating or employed at the farm stand or farmers' market. The farmer shall be responsible for the accuracy of any information submitted to the department by those employees or agents;

(11) Stamp the four-digit number on each voucher in the appropriate block before submitting for payment;

(12) Review all vouchers that were accepted to verify that the recorded actual amount of sale is not more than the marked or posted prices, more than the prices charged to other customers or more than the value of the voucher;

(13) Return to the department or local agency within forty-eight hours any vouchers obtained not in the ordinary course of business, or if a farmer determines that the transaction was not in accordance with this chapter; and

(14) Submit vouchers to the designated processing firm within thirty days of the last day of the valid period to redeem.

(E) A farmer shall comply with all of the following:

(1) All federal and state laws, rules, and regulations governing the WIC program, including section 17 of the "Child Nutrition Act of 1966," 42 U.S.C.A. 1786 (in effect on July 1, 2010), and pertinent federal regulations for the WIC program, including 7 C.F.R. part 246 (in effect February 4, 2008);

(2) All federal and state laws pertaining to nondiscrimination, including but not limited to Title VI of the "Civil Rights Act of 1964," 42 U.S.C.A. 2000d (in effect January 2, 2006), and pertinent regulations adopted thereunder and 7 C.F.R. parts 15, 15a, and 15b (in effect on July 1, 2010); and

(3) All federal, state, and local criminal laws, either felony or misdemeanor, pertaining to the WIC program or any other FNS program.

(F) The department or local agency or its designee may conduct announced and unannounced inspections of a farmer's or applicant's site at any time. The farmer or applicant and its employees and agents shall cooperate with the department or local agency or its designee conducting an inspection and shall provide access to records pertinent to the program, including transactions, pricing information, and inventory records. The department or local agency or its designee may confiscate improperly accepted vouchers.

(G) A farmer shall be subject to audit by the department and FNS for the time period covering any present or previous authorization.

(1) A farmer shall maintain records of purchases, gross sales receipts, and invoices, as applicable, for authorized fruits and vegetables for a period of not less than three years after the end of the federal fiscal year, and upon request, shall make available the records to the department and FNS. If any litigation, claim, negotiation, audit, or other action involving the records has begun during the three-year period, the farmer shall keep the records until all issues are resolved.

(2) Upon request, a farmer also shall make available to the department and FNS all vouchers that are stored at any of its sites or that are otherwise under the farmer's control.

(H) A farmer shall respond in writing within fifteen calendar days after receiving the department's request for verification of ownership of the business entity or site.

(I) A farmer shall send one or more representatives from each site to all required training sessions . A farmer shall inform and train cashiers, other employees, and agents on program requirements.

(J) A farmer shall maintain the appropriate notice of authorization issued by the department .

(K) A farmer shall not:

(1) Exchange vouchers for cash, firearms, ammunition, explosives, or controlled substances as defined in 21 U.S.C. 802 (in effect on July 1, 2010), alcohol or alcoholic beverages or tobacco products, or credit, including rainchecks, or other item that is not an authorized fruit or vegetable;

(2) Provide the participant or alternate shopper with any monetary change when the purchase is less than the value of the voucher;

(3) Require a participant or alternate shopper to exchange his or her selection of authorized supplemental fruits and vegetables. The farmer may request that the participant or alternate shopper pay the difference when the purchase price exceeds preprinted amount on the voucher;

(4) Redeem vouchers for authorized supplemental fruits and vegetables not received by the participants or alternate shoppers;

(5) Redeem vouchers in which the farmer charged participants or alternate shoppers more than the posted price or more than the farmer charged other customers; and

(6) Seek restitution from a participant or alternate shopper for the cash amount of a voucher not paid or partially paid by the department;

(7) Charge sales tax ;

(8) Receive, transact, redeem, or seek reimbursement from the department for a voucher accepted by another person or site, whether or not authorized as a farmer;

(9) Redeem a voucher for unauthorized items; and

(10) Accept a voucher on which the

preprinted information has been changed or is missing.

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: 3702.132
Prior Effective Dates: 10/1/2009