(1) In selecting food vendors to participate in the program, local agencies shall apply the requirements of 7 CFR 246.12(e) through (o) , and the following criteria:

(a) whether the place of the vendor's business is permanent; no stores on wheels may be allowed;

(b) whether the vendor stocks and maintains appropriate quantities of authorized WIC foods;

(c) whether the vendor is accessible to WIC clients;

(d) whether the vendor has been disqualified from the USDA food stamp program;

(e) whether the vendor has a valid, current license from each appropriate Montana state agency, as may be required by law.

(2) The department hereby adopts and incorporates herein by reference the following:

(a) 7 CFR 246.12(e) through (o) , which is a federal agency rule setting forth the authorization of food vendors; requirements for food vendor agreements; periodic review of food vendor qualifications; guidelines for food vendor training; monitoring of food vendors; participant and vendor complaints and sanctions; requirements for control and reconciliation of food instruments; and payment to food vendors.

(b) Copies of 7 CFR 246.12(e) through (o) may be obtained from the Department of Public Health and Human Services, Special Supplemental Nutrition Program for Women, Infants & Children (WIC) , P.O. Box 202951, Helena, MT 59620-2951.