N.Y. Public Health Law § 2507: Special supplemental nutrition program for women, infants and children; specialty formula

§ 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.