Authority: IC 16-19-3-4; IC 16-35-1.5-6

Affected: IC 16-19-3-4

Sec. 5. In addition to the criteria in section 4 of this rule, a vendor seeking reauthorization must also meet the following criteria and have been assigned at least two (2) points under section 6 of this rule:

1. (1) The vendor shall:

   1. (A) redeem at least:

      1. (i) forty (40) food instruments per month and a minimum of one percent (1%) of the food instruments in the county; or
      2. (ii) one hundred fifty (150) food instruments per month for the immediately preceding six (6) months of food instrument redemption data;
   2. (B) have implemented all required corrective actions resulting from monitoring by the department, including reimbursement of any overcharges or overpayments; and
   3. (C) be in compliance with the applicable federal and state regulations.

2. (2) The store shall not have provided refunds, or permit exchanges for foods purchased with food instruments, except for exchanges of an identical authorized food item when the original food item:

   1. (A) is defective;
   2. (B) is spoiled; or

   3. (C) has exceeded:

      1. (i) its "sell by" date;
      2. (ii) its "best if used by" date; or
      3. (iii) another date;
   4. limiting the sale or use of the item.
3. "Identical food item" means the exact brand and size of the original food item purchased. Participants may only exchange WIC items with a receipt.

(Indiana Department of Health; 410 IAC 3.6-3-5; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2990; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFA; readopted filed Sep 26, 2018, 2:48 p.m.: 20181024-IR-410180328RFA; readopted filed Nov 14, 2024, 1:24 p.m.: 20241211-IR-410230798RFA)