P & C 139 v. Department of Health

DISSENTING OPINION BY

JUDGE SMITH-RIBNER.

I respectfully dissent from the Majority’s decision to affirm the order of the Department of Health to decertify P & C # 139 as a vendor under the WIC Program (Special Supplemental Food Program for Women, Infants and Children). The Department’s order was based upon regulations that it promulgated after this Court’s decision in Giant Food Stores, Inc., Store No. 18 v. Department of Health (Giant I), 123 Pa.Cmwlth.418, 554 A.2d 174 (1989), which reversed the Department’s decertification of a WIC Program vendor in that case. The Court ruled that no basis…