Foodland v. State ex rel. WV Department of Health & Human Resources

(Filed June 22, 2000)

In its fervor to achieve a “fair” result, the majority has intervened inappropriately in an administrative matter and created a rule of law1 which is not only contrary to the controlling regulatory and contractual provisions, but detrimental to the very women, infants, and children for whose benefit the WIC Program exists. For these reasons, I dissent.

The federal regulations which govern the operation of the West Virginia WIC Program, as they existed at the time of Clay Foodland’s overcharge violation, provide: “The State agency shall establish policies which determine…