§ 2507. Special supplemental nutrition program for women, infants and
children; specialty formula.

1. Definitions. For the purposes of this section:

(a) "WIC" shall mean the special supplemental nutrition program for
women, infants and children;

(b) "WIC food vendor" shall mean a business entity that operates a
retail delivery system that is authorized by the department to sell
products covered by WIC to individuals under the WIC program; and

(c) "Specialty formula" shall mean specifically formulated nutrition
products prescribed for medically fragile WIC participants with
qualifying medical conditions.

2. Every WIC food vendor shall be authorized to sell any product
covered under WIC, including specialty formula, in accordance with the
WIC vendor type as designated by the department, unless specifically
limited or barred by the commissioner pursuant to state or federal
regulations. The commissioner is authorized to establish criteria
defining which WIC food vendors can sell specialty formula. Any such
criteria shall not be applied arbitrarily and shall ensure WIC
participant access to specialty formula. The commissioner shall
establish a process to address individual cases where there is evidence
of inadequate WIC participant access.