OAR 333-054-0033
Provision of Incentive Items
(1)
Vendors shall not provide or advertise the provision of incentive items to WIC shoppers that are not offered to other shoppers.(2)
The Authority may approve any of the following incentive items to be provided by authorized vendors to WIC shoppers, at the discretion of the Authority:(a)
Food, merchandise, or services obtained at no cost to the vendor, subject to documentation;(b)
Food, merchandise, or services with a nominal value of $2 or less per item, which is subject to documentation;(c)
Food sales and specials which involve no cost or less than $2 in cost to the vendor for the food items involved, subject to documentation, and do not result in a charge to a WIC food instrument for foods in excess of the foods listed on the food instrument; and(d)
Minimal customary courtesies of the retail food trade, such as helping the shopper to obtain an item from a shelf or from behind a counter, bagging food for the shopper, and assisting the shopper with loading the food into a vehicle.(3)
The following incentive items are prohibited for authorized vendors to provide to WIC shoppers:(a)
Services which result in a conflict of interest or the appearance of such conflict for the authorized vendor, such as assistance with applying for WIC benefits;(b)
Lottery tickets provided to WIC shoppers at no charge or below face value;(c)
Cash gifts in any form, in any amount and for any reason;(d)
Anything made available in a public area as a complimentary gift which may be consumed or taken without charge;(e)
An allowable incentive item provided more than once per WIC shopper per visit, regardless of the number of shoppers or food instruments involved, unless the incentive items had been obtained by the vendor at no cost or the total value of the multiple incentive items provided during the shopping visit would not exceed the less than $2 nominal value limit;(f)
Food, merchandise, or services of greater than the nominal value provided to the WIC shopper;(g)
Food or merchandise sold to WIC shoppers, but not other shoppers, below fair market value;(h)
Any kind of incentive item which incurs a liability for the WIC Program; and(i)
Any kind of incentive item which violates federal, state, or local law or regulations.(4)
For-profit goods or services offered by the authorized vendor to WIC shoppers at fair market value based on comparable for-profit goods or services of other businesses are not incentive items subject to approval or prohibition, except that such goods or services must not constitute a conflict of interest or result in a liability for the WIC Program.
Source:
Rule 333-054-0033 — Provision of Incentive Items, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-054-0033.