(a) Definitions. The following terms as used in this section are used as defined in OAC 3701-42-01:
(1) “WIC program” means the special supplemental food program for women, infants, and children established under the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132.
(2) “Coupon” means a document issued by the Ohio Department of Health that may be exchanged by a participant or proxy for authorized foods at a WIC retail vendor store location.
(3) “Participant” means a pregnant, postpartum, or breastfeeding woman, or an infant or child who is receiving supplemental foods or coupons under the WIC program, and the breastfed infants of participant breastfeeding women.
(4) “Proxy” means an individual who is designated as the parent, guardian, or alternate shopper and who is listed on the “State of Ohio WIC Program Identification and Verification of Certification Coupon Holder” issued to the participant by the Ohio Department of Health as being authorized to receive and negotiate coupons on behalf of the participant.
(5) “WIC retail vendor” or “vendor” means an individual or business entity that operates one (1) or more grocery stores or pharmacies and that is authorized to redeem coupons under a retail vendor contract executed under paragraph (f) of 7 C.F.R. 246.12 and paragraph (A) of OAC 3701-42-03.
(OAC 3701-42-01)
(b) No participant or proxy in the WIC program, or WIC retail vendor, or individual, shall knowingly possess, buy, sell, use, alter, accept, or transfer WIC coupons in any manner not authorized by the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132, or by OAC Chapter 3701-42.
(c) No WIC retail vendor shall:
(1) Knowingly allow an employee to sell, transfer, or trade items or services, the purchase of which is prohibited by the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132, or by OAC Chapter 3701-42;
(2) Negligently allow an employee to sell, transfer, or exchange WIC coupons in any manner unauthorized by 42 U.S.C. 1786, as amended, and administered in Ohio under RC 3701.132, or by OAC Chapter 3701-42.
(d) Whoever violates division (b) of this section is guilty of trafficking in WIC coupons, a misdemeanor of the first degree.
(e) Whoever violates division (c) of this section is guilty of illegal use of WIC coupons, a misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Note: Section 625.27 was enacted by Ord. No. 2213-92, passed 2-8-92, eff. 2-16-92.