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Page 2 – Alabama WIC Vendor Agreement FY 2027-2029 d. The Vendor accepted the transaction before being certified by the WIC Program; e. The Vendor accepted the transaction after being disqualified or terminated from the WIC Program; f. The Vendor did not have a fully executed/valid agreement with Alabama’s eWIC service provider at the time of the transaction; g. The price of the food item within a transaction exceeds the Universal Product Code (UPC) Maximum Allowable Reimbursement Level (MARL) for that food item and quantity, or exceeds the store’s customary selling price for the food sold; or h. The transaction includes UPCs/dollar amounts for foods not received by the WIC participant. 3. Provide Vendor fifteen (15) days to reimburse the Department for payment improperly received by the Vendor for eWIC transactions that did not satisfy the terms of the agreement. Vendor will be allowed the opportunity to justify or correct the error. Reimbursement does not negate the imposition of sanctions. 4. Issue a WIC Vendor number for Vendor identification of eWIC transactions for reimbursement. 5. Provide Vendor with notification for changes to federal or state statutes, regulations, polices, and procedures governing the WIC Program before the changes are implemented. 6. Provide Vendor with training on responsibilities as an authorized WIC Vendor. 7. Provide Vendor with WIC materials such as Alabama WIC Approved Foods Brochures, WIC signage, etc. 8. Provide Vendor written notification of changes in the WIC Program including changes in food items which are described and set forth in the Alabama WIC Approved Foods List (APL) and Approved Foods Brochures. 9. Provide an impartial method whereby the Department may impose sanctions against Vendor as outlined in this agreement (Attachment I). A Vendor who is disqualified may apply for a new agreement after the disqualification period expires, except for category VIII violations. SECTION II THE VENDOR SPECIFICALLY AGREES TO: 1. Adhere to the Vendor agreement, federal and state statutes, regulations, policies, and procedures governing the WIC Program including any changes made during the agreement period. 2. Refuse to accept or process eWIC prior to agreement delivery and completion of Vendor training. The Department shall deny reimbursement for any eWIC transactions processed by the Vendor prior to the Alabama WIC Program receiving documentation of completion of Vendor training and agreement delivery. 3. Comply with Criteria for Participation. Vendor shall comply with Vendor Criteria for Participation throughout the agreement period, including any changes made to the criteria for participation. The Department shall give the Vendor notice of any changes to participation criteria. The Department may reassess any Vendor at any time during the Vendor’s agreement period using the Criteria for Participation in effect at the time of the reassessment. The Department shall terminate those Vendors that fail to meet any of the Criteria for Participation. Criteria for Participation require that a Vendor shall: a. Maintain a minimum of 3,000 square feet of continuous retail space which is exclusively devoted to food sales. Square footage areas that are not continuous retail food sales areas open to the public and are used for other purposes irrelevant to the purpose of the Alabama WIC Program will not be considered as a part of the minimum square footage requirement. Retail space does not include office space, storage areas, or restrooms. b. Operate a business whose primary purpose is to be a retail grocer. Retail grocery does not include the following: gas stations, specialty stores, liquor stores, home delivery groceries, bait shops, etc. All Vendors shall have a recognized grocery department in a stationary location that is a separate and distinct area. The Vendor, on any given day of operation, shall offer for sale and normally display a variety of different types of staple foods in addition to WIC approved foods. The Vendor shall be open for business to customers at least 8 hours per day, 6 days per week. c. Ensure that 60 percent of total sales will be in staple foods with the exception of Vendors whose square footage exceeds 10,000 square feet. This requirement allows the WIC participant to purchase a variety of foods for home preparation and consumption as recommended by the United States Department of Agriculture (USDA) MyPlate dietary guidance. Staple food groups include meat, poultry, fish, breads, cereal, vegetables, fruit, and dairy products. A portion of the Vendor’s total staple foods must include perishable foods that are either frozen staple food items, or fresh, un-refrigerated or refrigerated staple food items that will spoil or suffer significant deterioration in quality within two to three weeks. Staple foods do not include accessory foods such as coffee; tea; cocoa; soda; non-carbonated drinks, such as, sports drinks, punches, and flavored waters; candy; chips; condiments; spices; hot foods; or foods ready to go or made to take out, like prepared sandwiches or salads. d. Maintain a current Food Establishment Permit issued by a local health department or a state inspection