Section 410IAC3.6-3-8. Minimum stock

   (a) In order to ensure adequate participant access to supplemental foods, the following minimum stock shall be available on the shelf or in stock:

(1) Contract brand infant formula as follows:

(A) Twelve (12) cans of milk based with iron concentrate.

(B) Five (5) cans of milk based with iron powder.

(C) Five (5) cans of soy based iron fortified powder.

(D) Twenty (20) cans of milk based powder with reduced lactose, partially broken down protein, and DHA/ARA.

(2) One hundred percent (100%) dairy milk, twelve (12) gallons total of:

(A) whole;

(B) low fat; and

(C) skim;

milk in gallons.

(3) Cheese:

(A) two (2) kinds; and

(B) three (3) pounds;

of domestic prepackaged blocks or sliced cheese.

(4) Eggs: three (3) dozen any size white or brown eggs in one (1) dozen containers.

(5) One hundred percent (100%) juice:

(A) fifteen (15) sixty-four (64) ounce containers, at least three (3) kinds; and

(B) five (5) cans of eleven and five-tenths (11.5) or twelve (12) ounce frozen juice or shelf stable concentrate, or both, at least two (2) kinds.

(6) Cereal:

(A) six (6) kinds of dry; and

(B) one (1) kind of cooked;

cereal, for a total of twenty (20) boxes. Vendor must also stock at least one (1) whole grain cereal.

(7) Peanut butter: five (5) eighteen (18) ounce jars.

(8) Dried beans, peas, and lentils: two (2) kinds for a total of three (3) pounds in one (1) pound bags or one hundred twenty-eight (128) ounces of canned beans. The canned beans include only black, fat free refried, garbanzo (chick peas), great northern, kidney (may have small amount of sugar), or navy.

(9) Contract brand infant cereal:

(A) eight (8) boxes; and

(B) two (2) kinds;

of eight (8) ounce dry infant cereal without fruit.

(10) Contract brand infant baby food:

(A) ninety-six (96) glass jars of WIC approved baby food in four (4) ounce jars (fruits and vegetables); and

(B) thirty-one (31) glass jars of WIC approved baby food (meat) in two and one-half (2.5) ounce jars.

(11) Bread: ten (10) loaves of whole grain or whole wheat bread.

(12) Fruits and vegetables: thirty dollars ($30) worth of fresh fruit or vegetables, two (2) varieties of each.

  (b) Noncompliance with this section will not result in an enforcement action if the vendor can demonstrate that any failure to meet the requirements of subsection (a) was the result of circumstances beyond the control of the vendor such as:

(1) a natural disaster;

(2) actions or decrees of governmental bodies; or

(3) a communication line failure.

  (c) The department will provide at least one (1) month written notice of any change in the contract brand infant formula. (Indiana State Department of Health; 410 IAC 3.6-3-8; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2991; filed Dec 14, 2009, 2:36 p.m.: 20100113-IR-410090047FRA; filed Sep 28, 2011, 11:02 a.m.: 20111026-IR-410100731FRA; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFA)