Section He-P 3201.01 - Definitions(a) "Above-50-percent" means deriving, or expecting to derive, more than half of annual revenue from the sale of food items from WIC food instruments including WIC gross food sales that exceed, or are likely to exceed, gross food sales derived from the food stamp program.(b) "Applicant" means an individual who appears in person or by telephone to request program benefits.(c) "Authorized vendor" means a vendor that has been approved to redeem food instruments as defined in (s) below.(d) "Authorized vendors in the same geographical area" means a minimum of 5 authorized vendors, all within a 7-mile radius of each other, are accepting food instruments from 20 or more households on a monthly basis.(e) "Benefits" means supplemental foods and nutrition education designed to improve the health status of women, infants, and children.(f) "Breastfeeding women" means "breastfeeding women" as defined in 7 CFR 246.2.(g) "Cash value voucher" means a fixed dollar amount check, voucher, electronic benefit transfer (EBT) card or other document which is used by a participant to obtain approved fruits and vegetables as defined in 7 CFR 246.2.(h) "Categorical eligibility" means "categorical eligibility" as defined in 7 CFR 246.2.(i) "Certification" means "certification" as defined in 7 CFR 246.2.(j) "Certification period" means the period of program benefits established by federal regulations according to participant category. (k) "Chain store" means multiple stores owned by the same entity in the State of New Hampshire using the same name and/or federal tax ID number.(l) "Children" means "children" as defined in 7 CFR 246.2.(m) "Competent professional authority" means "competent professional authority" as defined in 7 CFR 246.2.(n) "Competitive price criteria" means the criteria used in the determination of a price cap which equals the average price of a product in a peer group plus 1.5 times the standard deviation of all vendor submitted prices for each product.(o) "Days" means calendar days unless otherwise specified.(p) "Department" means the New Hampshire department of health and human services.(q) "Disqualification" means the act of ending program participation of a participant, authorized vendor or local agency, whether as a punitive sanction or for administrative reasons.(r) "Enrollment" means the enlistment of an applicant into the program through the receipt of benefits.(s) "Food delivery system" means the method used by the department and local agencies to provide supplemental foods to participants.(t) "Food instrument" means a voucher, check, electronic benefit transfer (EBT) card, coupon or other document which is used to obtain supplemental foods through the special supplemental nutrition program for women, infants and children (WIC) .(u) "Homeless" means lacking a fixed or regular nighttime residence.(v) "Inadequate participant access" means the average monthly number of households redeeming food instruments at an authorized vendor is 20 or more and another authorized vendor is not within 7 miles.(w) "Incidence" means one isolated instance or single occurrence of a violation of WIC program rules.(x) "Infants" means "infants" as defined in 7 CFR 246.2.(y) "Local agency" means "local agency" as defined in 7 CFR 246.2.(z) "Nutrition education" means "nutrition education" as defined in 7 CFR 246.2. (aa) "Nutritional risk" means "nutritional risk" as defined in 7 CFR 246.2.(ab) "Participants" means "participants" as defined in 7 CFR 246.2 and includes a parent, legal guardian, or other adult representing a minor child.(ac) "Participation" means "participation" as defined in 7 CFR 246.2.(ad) "Peer group" means a 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.(ae) "Postpartum women" means "postpartum women" as defined in 7 CFR 246.2 and includes non-breastfeeding women.(af) "Pregnant women" means "pregnant women" as defined in 7 CFR 246.2.(ag) "Program" means "program" as defined in 7 CFR 246.2.(ah) "Proxy" means an individual designated in writing to receive and redeem a food instrument on behalf of a participant or a parent or a caretaker of an infant or child participant.(ai) "Sanctions" means administrative actions taken against participants and vendors for reasons of program abuse.(aj) "Single investigation" means 2 or more on-site transactions within a 12-month period, the number of which depends on the severity of the alleged vendor violation, in which a department representative covertly poses as a participant, parent or caretaker of an infant or child participant or proxy.(ak) "Supplemental foods" means "supplemental foods" as defined in 7 CFR 246.2.(al) "Suspension" means a temporary prohibition from participation in the program.(am) "Termination" means the removal of a vendor or participant from the program for cause and/or failure to comply with any WIC program rule or requirement.(an) "Vendor" means any retail food store or pharmacy authorized to redeem food instruments.(ao) "Vendor agreement" means a binding legal agreement between the retailer and the state agency. (ap) "WIC approved" means meets the criteria for approved foods described in 7 CFR Part 246.N.H. Admin. Code § He-P 3201.01
#4518, eff 10-28-88; EXPIRED 10-28-94
New. #6226, eff 4-24-96; ss by #7489, eff 5-11-01; ss by #7774, eff 10-8-02; ss by #8580, eff 3-11-06; ss by #9556, eff 10-1-09
Amended byVolume XXXIV Number 19, Filed May 8, 2014, Proposed by #10583, Effective 10/1/2014, Expires10/1/2024.Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12199, Effective 6/3/2017, Expires 6/3/2027.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12858, Effective 8/23/2019, Expires 8/23/2029.