WSR 08-19-012

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed September 4, 2008, 3:47 p.m. ]

Subject of Possible Rule Making: WAC 246-780-001 through 246-780-060, farmers market nutrition program (FMNP): Outlines program definitions, how markets and growers are authorized, what is expected of contractors, what foods can be purchased, sanctions for farmers and markets, and the appeal process for farmers and markets regarding the department of health (DOH) decisions.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.120, chapter 215, Laws of 2008 (2SSB 6483).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2SSB 6483 passed in 2008 and requires the FMNP WAC be revised to define and authorize eligible farm stores in FMNP. Other changes needed include removing references to Washington state department of agriculture (WSDA), which no longer provides funding to administer FMNP, and possible amendments to references to the season start date to allow more flexibility when necessary and include requirements consistent with United States Department of Agriculture - Food and Nutrition Services (USDA-FNS) WIC interim rule on WIC food packages.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of social and health services (DSHS) administers the senior FMNP. DSHS and WSDA are on the stakeholders list and we will collaborate with them early in the process via written material and e-mail.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Communication will be sent to market managers and stakeholders via e-mail inviting comments and providing notice of public hearings on the FMNP rule change. Stakeholders may also obtain the same information or provide comments via the WIC web site, the DOH web site or by contacting Sandra Cruz at sandra.cruz@doh.wa.gov, (360) 236-3660, or Jean O'Leary at jean.o'leary@doh.wa.gov, (360) 236-3662, or by writing to either at Department of Health, P.O. Box 47886, Olympia, WA 98504-7886.

September 3, 2008

Mary C. Selecky

Secretary

Washington State Code Reviser's Office