1. (1) When any WIC participant or caregiver deliberately violates federal or state statutes, regulations, policies or procedures governing the WIC program, the department will initiate appropriate enforcement action, which may include establishment of claims under WAC 246-790-550 or disqualification under WAC 246-790-560. Violations and applicable sanctions are listed below:

   Violations	1st Instance	2nd Instance	Subsequent Instances
   Attempting to redeem a food instrument for unauthorized foods or formula.	Notice of violation	Notice of violation	6-month disqualification
   Redeeming a food instrument for unauthorized foods or formula.	Notice of violation and claim	1-year disqualification and claim	1-year disqualification and claim
   	1-year disqualification and claim if claim is $1,000 or more
   Attempting to return foods purchased with a food instrument to a WIC vendor in exchange for money, credit, a different food or food in excess of those on the food instrument.	Notice of violation	Notice of violation	6-month disqualification
   Returning foods purchased with a food instrument to a WIC vendor in exchange for money, credit, a different food, or food in excess of those on the food instrument.	Notice of violation and claim	1-year disqualification and claim	1-year disqualification and claim
   1-year disqualification and claim if claim is $1,000 or more
   Redeeming a food instrument reported as lost or stolen, and then replaced.	Notice of violation and claim	1-year disqualification and claim	1-year disqualification and claim
   1-year disqualification and claim if claim is $1,000 or more
   Destruction of vendor, farmer or local agency property.	Notice of violation if replacement or repair cost is less than $1,000	1-year disqualification	1-year disqualification
   	1-year disqualification if replacement or repair cost is $1,000 or more
   	Note: Replacement or repair cost will be determined by affected vendor, farmer or local agency
   Destruction of state agency property.	Notice of violation and claim if claim is less than $1,000	1-year disqualification	1-year disqualification
   	1-year disqualification and claim if claim is $1,000 or more
   Altering a food instrument.	6-month disqualification and claim if claim is less than $1,000	1-year disqualification and claim	1-year disqualification and claim
   	1-year disqualification and claim if claim is $1,000 or more
   Making false or misleading statements or deliberately misrepresenting, concealing or withholding facts to obtain or increase benefits.	Notice of violation and claim if claim is less than $1,000	1-year disqualification and claim	1-year disqualification and claim
   1-year disqualification and claim if claim is $1,000 or more
   Participating in and spending WIC food instruments from one or more than one WIC clinic during the same time period (dual participation).	1-year disqualification and claim	1-year disqualification and claim	1-year disqualification and claim
   Threatening to harm or physically harming clinic, farmer or vendor staff.	1-year disqualification	1-year disqualification	1-year disqualification
   Failure to comply with department or local agency request for information during an investigation.	1-year disqualification	1-year disqualification	1-year disqualification
   Selling, attempting to sell, exchanging, attempting to exchange, or allowing another person to sell food instrument or exchange food or formula purchased with a food instrument for cash, credit, merchandise, favors, or other nonfood items (trafficking) verbally, in print, or online through websites or social media.	Notice of violation and claim if claim is less than $1,0001-year disqualification and claim if claim is $1,000 or more	1-year disqualification and claim	1-year disqualification and claim
   Selling, attempting to sell, exchanging, attempting to exchange, or allowing another person to sell breast pumps obtained through the WIC program for cash, credit, merchandise, favors, or other nonfood items (trafficking) verbally, in print, or online through websites or social media.	Notice of violation and claim if claim is less than $1,0001-year disqualification and claim if claim is $1,000 or more	1-year disqualification and claim	1-year disqualification and claim
   Theft of a food instrument by a WIC participant.	1-year disqualification and claim	1-year disqualification and claim	1-year disqualification and claim

2. (2) During each certification visit, participants will be informed of their rights and responsibilities, program rules, and that there may be potential sanctions should they deliberately violate a program rule.
3. (3) Whenever the department assesses a claim of misappropriated WIC program benefits of $1,000 or more resulting from a participant violation, assesses a claim for dual participation, or assesses a second or subsequent claim of any amount resulting from a participant violation, the department must disqualify the participant for one year.
4. (4) The department may decide not to impose a disqualification if, within 30 days of the date the letter was mailed demanding repayment, full restitution is made or a repayment schedule is agreed upon. In the case of a violation committed by the parent or caretaker of an infant or child participant, or by a participant under the age of 18, the department may approve the designation of a proxy in order to continue program benefits to these participants.
5. (5) Participants may reapply for benefits at any time after the disqualification period concludes.
6. (6) The department must consider designating a substitute caregiver instead of disqualification for WIC participants under 18 years of age.
7. (7) Second and subsequent instances of violations are assessed based on a 12-month period from the first notice that a violation has occurred.

[Statutory Authority: RCW 43.70.120. WSR 25-15-019, s 246-790-530, filed 7/7/25, effective 8/7/25. Statutory Authority: RCW 43.70.120 and 7 C.F.R. 246. WSR 19-16-107, § 246-790-530, filed 8/2/19, effective 9/2/19. Statutory Authority: RCW 43.70.120. WSR 18-23-080, § 246-790-530, filed 11/19/18, effective 12/20/18; WSR 17-08-020, § 246-790-530, filed 3/27/17, effective 4/27/17.]