902 Kar 18:011. Definitions For 902 Kar Chapter 18

Link to law: http://www.lrc.ky.gov/kar/902/018/011.htm
Published: 2015

      902

KAR 18:011. Definitions for 902 KAR Chapter 18.

 

      RELATES

TO: KRS 194A.050, 194A.505, 194A.990, 7 C.F.R. Part 246, 278.6, 21 U.S.C. 802

      STATUTORY

AUTHORITY: KRS 194A.050, 211.090(3), 7 C.F.R. Part 246, 42 U.S.C. 1786

      NECESSITY,

FUNCTION, AND CONFORMITY: 42 U.S.C. 1786 and 7 C.F.R. Part 246 provide for

grants for state operation of the Special Supplemental Nutrition Program for

Women, Infants and Children (WIC). KRS 194A.050(1) authorizes the Cabinet for

Health and Family Services to promulgate administrative regulations as

necessary to qualify for the receipt of federal funds. This administrative

regulation establishes definitions for the terms used in 902 KAR Chapter 18.

 

      Section

1. Definitions. (1) "Above-50-percent

vendor" means a vendor that receives or is expected to receive more than

fifty (50) percent of its annual food sales revenue from WIC benefits.

      (2) "Alcohol"

is defined by KRS 241.010(1).

      (3)

"Alcoholic beverage" is defined by KRS 241.010(2).

      (4)

"Approved product listing" or "APL" means an electronic

list or file identifying the food items approved by the state WIC agency for

purchase with WIC food instruments by food category and subcategory.

      (5)

"Authorized supplemental food" means a supplemental food authorized

by the state or a local agency for issuance to a particular participant.

      (6)

"Cash value voucher" is defined by 7 C.F.R. 246.2.

      (7)

"Certifying professional authority" means a person authorized to

determine eligibility and certify persons for the WIC program.

      (8)

"Class" means food sale classification.

      (9)

"Compliance buy" means a covert, on-site investigation.

      (10)

"Contract price" means the price for a WIC food item negotiated

between the state WIC agency and the vendor.

      (11)

"Dual participation" means simultaneous participation in the WIC

Program and in:

      (a)

One (1) or more WIC clinics; or

      (b)

The Commodity Supplemental Food Program.

      (12)

"Electronic WIC benefits" or "eWIC" means a Web-based technology

that allows WIC participants to obtain food benefits by using a plastic

debit-type card with a personal identification number (PIN) at authorized

participating WIC retailers.

      (13)

"Exempt infant formula" is defined by 7 C.F.R. 246.2.

      (14)

"FNS" means Food and Nutrition Services.

      (15)

"Food instrument" is defined by 7 C.F.R. 246.2.

      (16)

"Good letter with exceptions" means a written notification letter

that:

      (a)

A compliance buy has been conducted in the store;

      (b)

A violation occurred; and

      (c)

No sanction was applied due to lack of pattern of incidence.

      (17)

"High risk vendor" means a vendor having a high probability of noncompliance

with KRS Chapter 194A, 42 U.S.C. 1786, 7 C.F.R. Part 246, 7 C.F.R. 278.6, or

902 KAR Chapter 18.

      (18)

"Integrated" means a commercial system that fully incorporates eWIC functionality

into an existing cash register (ECR) system.

      (19)

"Inventory audit" means an examination of food invoices or other

proof of purchase to determine if a vendor has purchased sufficient quantities

of authorized supplemental food to provide to participants the quantities of

food items redeemed by the vendor during a given period of time.

      (20)

"Investigation" means a method used by the state WIC agency to detect

a WIC program violation.

      (21)

"Local agency" means an applying or participating WIC agency.

      (22)

"Low variance" means the redemption of the same type of food item at

the same price or within a narrow price range.

      (23)

"Medical

foods" means enteral products that are specifically formulated to provide

nutritional support for individuals with a qualifying condition when the use of

conventional foods is precluded, restricted, or inadequate.

      (24) "Not to exceed"

or "NTE" means:

      (a)

FNS-approved cost containment methodology whereby WIC authorized vendors are

subject to price limitations; and

      (b)

the maximum amount that Kentucky will pay for a specific food item identified

by its UPC code.

      (25)

"Participant" means:

      (a)

A pregnant, breastfeeding, or postpartum woman or an infant or child who is receiving

supplemental food or food instruments;

      (b)

The breastfed infant of a breastfeeding woman who is receiving WIC program benefits;

      (c)

The parent or caretaker of an infant or child receiving a WIC benefit; and

      (d)

The proxy for a person identified in paragraphs (a), (b), or (c) of this

subsection.

      (26)

"Participant violation" means an intentional, knowing act of a

participant that violates KRS Chapter 194A, 42 U.S.C. 1786, 7 C.F.R. Part 246,

7 C.F.R. 278.6, or 902 KAR Chapter 18.

      (27)

"Peer Groups" means categories into which vendors are assigned based

upon sales volume and region.

      (28)

"PIN" means a unique four (4) digit personal identification number

designated by the WIC participant.

      (29)

"Point of sale" or "POS" means the system supporting

WIC/eWIC food transactions in a store checkout lane.

      (30)

"POS device" means a physical electronic cash register or dedicated point

of sale hardware or terminal that is used for WIC processing.

      (31)

"Positive buy" means a compliance buy, on-site review, or on-line WIC

transaction review that provides evidence that a violation of the vendor agreement

or KRS Chapter 194A, 42 U.S.C. 1786, 7 C.F.R. Part 246, 7 C.F.R. 278.6, or 902

KAR Chapter 18 has occurred.

      (32)

"Price look up" or "PLU" means a four (4) or five (5) digit

identifier used to identify individual and bulk produce.

      (33)

"Proxy" means a

person designated by a female participant or by a parent or caretaker of an

infant or child participant to obtain and transact a food instrument or cash

value voucher to obtain a supplemental food or foods on behalf of a

participant.

      (34)

"Routine monitoring" means overt, on-site monitoring during which representatives

of the WIC program identify themselves to vendor personnel.

      (35)

"Rural" means any area not defined as urban.

      (36)

"Shelf price" means the price displayed on the food item, shelf, or

display case where the food item is stored.

      (37)

"SNAP" means the Supplemental Nutrition Assistance Program, formerly

known as the Food Stamp Program.

      (38)

"Standard bar code" means a printed series of lines of varying width on

a container or product that can be read by an optical scanner to determine

product classification and price.

      (39)

"Staple food items" means meat, poultry, fish, bread, breadstuff,

cereals, vegetables, fruit, vegetable and fruit juices, and dairy products,

excluding items such as coffee, tea, cocoa, carbonated and uncarbonated

beverages, condiments, and spices.

      (40)

"State WIC agency" means the Cabinet for Health and Family Services

or its designated representative.

      (41)

"Systematic review" means a review of electronic WIC transactions by

the state WIC agency or its representatives to monitor systematic violations of

the program.

      (42)

"Trafficking" means the redemption or exchange of WIC food

instruments for cash,

a firearm,

ammunition, an explosive, or a controlled substance as defined in 21 U.S.C.

802.

      (43)

"Unauthorized food" means foods not authorized by the state or local

agency for issuance to a particular participant.

      (44)

"Unique customer" means the number of unduplicated individuals that have

one (1) or more transactions at the sanctioned vendor during the specified time

period.

      (45)

"UPC" means a barcode consisting of twelve (12) digits used for

tracking trade items in retail stores.

      (46)

"Urban" means a metropolitan area as defined by the U.S. Office of

Management and Budget (OMB) Bulletin No. 13-01.

      (47)

"Vendor" means a sole proprietorship, partnership, cooperative

association, corporation, or other business entity operating one (1) or more

stores by providing authorized supplemental foods to participants under a

retail food delivery system.

      (48)

"Vendor authorization" means the process by which the state WIC

agency assesses, selects, and enters into an agreement or contract with a store

that applies or subsequently reapplies to be authorized as a vendor.

      (49)

"Vendor overcharge" is defined by 7 C.F.R. 246.2.

      (50)

"Vendor violation" means an intentional or unintentional act of a

vendor’s current owner, officers, agent, or employee, with or without the

knowledge of management, that violates the vendor agreement or KRS Chapter

194A, 42 U.S.C. 1786, 7 C.F.R. Part 246, 7 C.F.R. 278.6, or 902 KAR Chapter 18.

      (51) "WIC agency"

means a local health department or agency contracted with the state to deliver

WIC services.

      (52)

"WIC benefits" means a voucher, check, electronic benefits transfer

card (EBT), coupon, or document that is used by a participant to obtain

supplemental foods.

      (53)

"WIC program" or "WIC" 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. 1786, and administered pursuant to 42 U.S.C.

1786 and 7 C.F.R. Part 246. (40 Ky.R. 493; 827; eff. 10-16-2013.)
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