Negotiations on WIC Issues Uncover Further Questions
Retail industry representatives and grocery members participated in the November WIC Retail Advisory Committee meeting.  The agenda featured a presentation on the new food packages to be offered in 2009, application deadlines for manufacturers and an update on settlement meetings for stores that have recently lost WIC authorization.

The Virginia Retail Federation (VRF) negotiated a number of issues including training for small grocery stores in rural areas that do not have internet access as well as eliminating an arbitrary cap of 99 cents on food instrument overages for fruits and vegetables.  Small and large retailers protested that the cap would cause embarrassment for participants and that no other states require this type of ceiling on food instrument overages. Consequently, WIC director Donna Seward agreed to drop the cap.

Arbitrary changes in the level of participants required for stores to offer WIC were also questioned.  The participant level set in the 2007 WIC manual for individual stores was "fewer than 10 participants."  That level has now been raised to 60 participants. The VRF will continue to argue that the WIC requirement for  volume of participants needs to be eliminated or returned to fairer levels for large and small stores.

At a subsequent meeting called by Secretary of Health Marilyn Tavvener, Ms. Seward presented a draft proposal to increase the number of retail slots open for WIC authorization and return authorizations to previous levels.  When questioned why a large box store was allowed to replace a small rural store for the single slot available in Mathews County, Ms. Seward responded that the information was confidential.  When asked if she could provide a list of localities where single slots were given to large stores, eliminating a small grocer's authorization, Ms. Seward again cited confidentiality.  The VRF alerted her that the Freedom of Information Act (FOIA) will be invoked for the fourth time in this process if the agency is not forthcoming with the requested information.

The retail industry will continue meeting with the secretary's staff and WIC representatives.  If the issues are not resolved at the agency level, legislation will go forward in 2009.

Norfolk BPOL Inconsistencies Invite Statewide Attention
At a recent meeting of the Norfolk BPOL coalition, retailers revealed that the Norfolk commissioner's audits of approximately 20 businesses are continuing with excessive inconsistency. Rather than formal letters from the commissioner's office, most of these businesses are now receiving phone calls about their tax status.  Without a letter, the businesses have no opportunity to appeal the commissioner's ruling.

The VRF will continue to push for a definition of retail in the tax code so that commissioners of the revenue will have binding guidance on BPOL retail tax.  A meeting is scheduled with Commissioner Janie Bowen, Virginia Department of Taxation, to request a policy decision on this issue.  The VRF has retained legal counsel and a brief has been filed with the state outlining the rationale for a retail BPOL definition.  In the event legislation is necessary, the VRF and its coalition members are meeting with Hampton Roads delegates and senators to gain support at the 2009 session.

Labor Unions Gain Traction for "Card Check" Tool
A proposal that would allow labor unions to organize employees without a formal election will go before Congress, most likely next year.  The Card Check procedure causes employers to agree to recognize a union once evidence is produced that a majority of employees have signed authorization cards.  The cards can be signed in the workplace, at employees' homes or online.  Once a majority is signed, no election is required.

The VRF is working with a number of national and state organizations to contact Senator Warner, Senator Webb and the Virginia House delegation in opposition to the proposal.