77 Ill. Adm. Code 672.100
Definitions
Section 672
Section
672.100 Definitions
"Act"
means the WIC Vendor Management Act [410 ILCS 255].
"Administrative
Law Judge" means any person appointed by the Secretary to preside at an administrative
hearing.
"Applicant"
means the individual, partnership, limited partnership, unincorporated
association, limited liability company, or corporation applying to be a WIC
Retail Vendor.
"Application"
means the application forms and other required materials submitted by a business
entity to notify the Department that the business entity desires to become a
WIC Retail Vendor.
"Approved Product List" or
"APL" means a master UPC list that the WIC EBT card is programmed to
follow.
"Approved Source" means
a wholesaler, retailer or manufacturer of infant formula listed by the
Department as an approved purchase point for infant formula and WIC eligible
nutritionals.
"Authorization"
means the approval of an applicant who has met the WIC Vendor criteria and
possesses a properly executed, valid WIC Vendor Contract as a WIC Retail
Vendor.
"Balance Inquiry" means
a type of transaction that allows WIC Cardholders to identify the remaining
benefits left on their card.
"Benefits" means the
food, formula, and WIC eligible nutritional item quantities that are loaded
onto WIC Participant EBT cards.
"Business
Entity" means the retail business which an applicant or authorized WIC
Vendor operates at a particular Vendor Site.
"Civil Money Penalty" or
"CMP" means a monetary fine that is imposed upon non-compliant
vendors in lieu of disqualification when the vendor is necessary for adequate
client access.
"Corporate
Officer" means the identity of the officer of a corporation as set forth
in its Articles of Incorporation filed with the Secretary of State of the state
in which that entity is incorporated.
"Commodity
Supplemental Food Program" or "CSFP" means a federal food
assistance program through which the Department or the Department's
Representative provides U.S. Government commodities to eligible elderly.
"
Department"
means the Illinois Department of
Human Services
. (Section 3(a) of
the Act)
"Department
Estimated Cost" means estimated prices that are averaged and weighted by
store type and region. The estimated prices are based on indicators, including
wholesale prices for WIC Foods and the self-reported Vendor prices on the
Vendor Retail Price Survey.
"Department
Representative" means an employee or authorized agent of the Department.
"Education
Visit/Visit" means a survey of an applicant/Vendor Site where the monitor
and the designated store representative review the criteria for authorization
as a retail WIC Vendor.
"Electronic
Benefit Transfer" or "EBT" means a method that permits
electronic access to WIC Food Benefits using a card approved by the Secretary.
"Expired
Food" means WIC approved infant formula available to WIC Participants on a
store shelf that exceeds the stamped "use before" date printed on the
food item.
"50%
Vendor" means any Vendor that makes more than half of its SNAP eligible
sales from the sale of food items from the transaction of WIC Food Benefits as
defined in 7 CFR 246.2 (Above 50% Vendors). It includes vendor applicants
applying for an initial authorization who estimate that they will make more
than half of their SNAP eligible sales from the sale of food items from the
transaction of WIC Food Benefits.
"Fine"
means an amount of money imposed as a penalty.
"Food Benefit"
means a negotiable EBT card issued by a Local Agency that specifies the
quantity, size and type of authorized foods available to a WIC Participant
within a designated time period, which can subsequently be taken to a Vendor in
exchange for the specified quantities of food.
"Illinois
eWIC" means a card with a magnetic strip that contains WIC Food Benefits
for a WIC household to purchase WIC-approved foods at authorized WIC Retail
Vendors using EBT.
"Integrated System"
means a network of cash registers in a store that is capable of processing WIC
EBT transactions through a third-party processor (TPP). Integrated cash
registers must be able to provide a benefit balance prior to WIC purchase and a
receipt including the remaining monthly benefit balance to WIC clients.
"Limited
Liability Company" means a company organized and existing under the
Limited Liability Company Act [805 ILCS 180].
"Local
Agency" means a public or private, non-profit health or human services
agency that provides health services, either directly or through contract, in
accordance with the USDA WIC Regulations, the Act, or this Part.
"Minimum
Supply of WIC Foods" means the Department published list of the minimum
required quantities, sizes, and types of WIC Foods that must be maintained in
stock at all times by a Vendor.
"Not-to-Exceed
Price" or "NTE Price" means the maximum allowable price that is
established by peer group for most supplemental foods sold by Vendors.
"Participant"
means authorized pregnant women, breast feeding women, postpartum women,
infants or children who are receiving supplemental foods or Food Benefits under
the WIC Program.
"Participant
Access" means the determination by the Department of the availability of
authorized Vendors within a geographic area.
"Peer
Group" means the classification of authorized Vendors into groups based on
common characteristics or criteria that affect food prices, for the purpose of
applying appropriate competitive price criteria to Vendors at authorization and
limiting payments for food to competitive levels.
"Pharmacy"
means any store, shop, department, or other place, at a fixed and permanent
location, having the capability to dispense and sell or offer for sale at
retail value by a licensed pharmacist drugs, medicines, poisons, and liquid
foods, prescribed for an individual by dentists, veterinarians, and physicians
licensed to practice medicine in all its branches.
"Pharmacy
Vendor" means any free-standing pharmacy that has been authorized by the
Department to accept Illinois eWIC as a WIC Retail Vendor and to provide only
infant formula and medical food to WIC Participants, proxies of WIC
Participants or Department representatives.
"Personal
Identification Number" or "PIN" means the unique number selected
by WIC clients to authorize transactions on their WIC EBT cards.
"Posted
Shelf Price" means the displayed price of WIC Foods charged to the general
public, identifying the price of the specific WIC Food item, including any
sales price or discounts.
"Probation"
means a period of time during which the Vendor will be under increased scrutiny
by the Department.
"Retail
Vendor Price Survey" means the current prices, reported to the Department,
by a Vendor or a Department representative, as charges for WIC Foods.
"Rural-Urban
Commuting Area Code" or "RUCA" means a code assigned by the USDA
Economic Research Services (ERS) to determine the rural or urban status of a
postal ZIP Code.
"Secretary"
means the Secretary of the Illinois Department of Human Services or designee.
"SNAP Eligible
Sales" means revenue from food that legally may be purchased with the SNAP
EBT Card.
"Supplemental
Nutrition Assistance Program" or "SNAP" means the program funded
by the USDA Food and Nutrition Service (FNS) to provide nutrition assistance to
low-income individuals and families.
"United
States Department of Agriculture" or "USDA" means the federal
agency that oversees the Women, Infants, and Children (WIC) Program, SNAP, and
other food, nutrition, and agricultural programs that benefit residents of the United
States.
"Universal
Product Code" or "UPC" means a 12- or 13-digit code affixed, by
barcode, to food, formula, and WIC eligible nutritional items. The Illinois
APL contains a comprehensive list of all WIC eligible UPCs and permits WIC EBT
transactions.
"USDA WIC
Regulations" means the Regulations of the United States Department of
Agriculture, Food and Consumer Service, Special Supplemental Nutrition Program
for Women, Infants, and Children (7 CFR 246 (1999)).
"Vendor"
or "WIC Retail Vendor" means the individual, partnership, limited
partnership, unincorporated association, limited liability company, or
corporation authorized by the Department to accept Food Benefits and to provide
supplemental food to WIC Cardholders.
"Vendor
Site" means a fixed and permanent location, operating as a business entity,
listed in the WIC Vendor application, that has been authorized by the
Department for purposes of delivery of WIC Foods to WIC Cardholders.
"Violation"
means an infringement of federal regulations as defined in 7 CFR 246.2, or
State rules or statutes, or local laws.
"WIC
Cardholder" means the person presenting a WIC EBT card at the time of
purchase and who is able to enter a correct PIN to complete a WIC balance
inquiry and/or sale.
"WIC Food
Centers" are WIC food distribution sites through which the Department or
its representative provide the direct distribution of WIC foods.
"WIC Food
List" means the published list of the State of Illinois authorized WIC Foods.
"WIC
Foods" means those competitively priced foods that have been placed on the
WIC Food List and have been determined by the Department to be nutritionally
qualified for the WIC Program in the State of Illinois.
"WIC
Participant" means a person receiving WIC benefits, who may or may not
also be a WIC Cardholder.
"WIC Retail
Vendor Contract" means an agreement signed by the WIC Retail Vendor and
the Department for the provision of WIC Foods to Participants, the Proxies of
WIC Participants or Department Representatives. A valid WIC Retail Vendor
Contract is binding only between the Department and the officer, partner or
sole proprietor who originally signed the Vendor Application. It authorizes
the contractor to operate as a WIC Vendor.
"Women, Infants
and Children Nutrition Program" or "WIC" means the federal
Special Supplemental Nutrition Program for Women, Infants and Children
authorized by section 17 of the Child Nutrition Act of 1966, as amended (42 USC
1786).