Missouri WIC and Nutrition Services Retailer Manual
Section IV: WIC Retailer Agreement
The WIC Retailer Agreement is between a retailer and the Department of Health and Senior Services. The agreement authorizes a retailer to conduct transactions for WIC participants to redeem food benefits under state and federal requirements (7 CFR Part 246.12).
It is important that retailers review the entire WIC Retailer Agreement and understand all expectations set forth by the Missouri WIC program before signing it.
The retailer must comply with the agreement's provisions and all federal and state laws, statutes, policies, procedures, manuals and regulations of the Missouri WIC program, including any changes made during the agreement period. Failure to comply will result in the termination of the agreement. This agreement is not a license or property interest.
The Missouri WIC program is not required to issue an agreement to an applicant, a previous retailer whose agreement has expired or an applicant purchasing an authorized WIC retailer location. It is at the program's sole discretion whether to issue an agreement. Pharmacy only retailers will only be considered for authorization in areas where there are insufficient full-service grocery stores with pharmacies available to meet WIC participants’ needs. This determination is made solely by the Missouri WIC program.
A. Agreement period
Agreements are normally effective for three years, beginning October 1 and expire at midnight on September 30. Throughout the agreement period, agreements may be issued to new retailers, with all agreements expiring on the same date. New retailers authorized during an agreement period will be given an agreement for the remainder of the current agreement period. The Missouri WIC program reserves the right to refuse any new applications during the last 120 days of the current agreement period or during any timeframe identified by the Missouri WIC program. No retailer shall accept WIC cards prior to the date specified on the WIC Retailer Agreement or after the expiration date of their WIC Retailer Agreement.
B. Agreement categories
The agreement categories are based on the types of foods for which a retailer is authorized to transact WIC cards.
| Category | Description |
|---|---|
1 | All WIC-approved food, primary contract infant formulas and all special infant formulas (full-service grocery store with pharmacy). |
2 | All WIC-approved food, primary contract infant formulas and all special infant formulas (full-service grocery store without pharmacy). |
3 | Special infant formula only (pharmacy only). Note: Non-primary contract infant formulas and primary contract infant formulas are not allowed for redemption with this type of contract. |
C. Authorization of multiple store locations
Retailers with multiple store locations are not automatically entitled to have all store locations authorized. Each store location must be evaluated against all selection criteria as if it were a single, independent entity and will be individually listed on the agreement attachment for the corporation agreement.
By signing the WIC Retailer Agreement, a retailer with multiple store locations accepts responsibility for the program operations of all participating store locations, which are listed in the agreement in Attachment B. All store locations will be assessed, categorized and treated as individual retailers, not as one unit.
Retailers may request additions or deletions of individual store locations. These are subject to the same review procedures as single-location applicants and shall be effective upon the Missouri WIC program's signature on the agreement amendment.
D. Notification of retailer changes
The retailer must notify the Missouri WIC program at least 60 days before making any of the changes listed below. The Missouri WIC Retailer Agreement is not transferable, and any of the changes below will make the agreement null and void.
Changes requiring a new application and agreement, which must go through the authorization process, include:
- Location.
- Ownership (e.g., sale of business, new tax identification number).
Changes requiring a new application and an amendment to the agreement include:
- Retailer name.
- Category (e.g., full-service grocery store to full-service grocery store with pharmacy).
- Ownership (e.g., co-owner buyout, addition of co-owner).
Either party may terminate a WIC Retailer Agreement for cause by giving at least 30 days' advance notice to the other party. Retailers are responsible for ensuring that the POS provider deactivates the WIC capability of each electronic cash register (ECR) within the store to prevent WIC transactions upon the date of termination.
E. Retailer confidentiality
Confidential retailer information is any information about a retailer (whether obtained from the retailer or another source) that individually identifies the retailer, except for the retailer's name, address, telephone number, website, email address, category and authorization status.