WSR 25-12-055
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed May 29, 2025, 11:29 a.m.]
Subject of Possible Rule Making: Chapter 246-780 WAC, Farmers market nutrition program. The department of health (DOH) is considering amending chapter 246-780 WAC to implement ESSB [SSB] 5214. The rules would allow mobile markets to participate in the farmers market nutrition program (FMNP).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.700 and 43.70.120.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2025, the Washington state legislature passed ESSB [SSB] 5214 with the intent to establish a mobile market program within FMNP with the goal of increasing nutrition access to participants of the women, infants and children (WIC) program and the senior farmers market nutrition program (SFMNP). Rule making is necessary to implement new statutory requirements in ESSB [SSB] 5214 which requires mobile markets to be operated by a nonprofit organization and prevents market competition between a mobile market and a farmers market that is participating in FMNP.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: FMNP is subject to funding from the United States Department of Agriculture, which oversees the regional market program and other programs related to farmers markets. The FMNP program will notify the regional market program about rule making for the mobile market program.
SFMNP is run through the department of social and health services (DSHS) and relies on DOH for administration of an electronic benefits system, growers, and markets. The FMNP program will gather input and consult with DSHS on the proposed rules for the mobile market program.
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 by contacting Karen Mullen, P.O. Box 47380, Olympia, WA 98504-7903, phone 360-515-8279, fax 360-236-2601, TTY 711, email karen.mullen@doh.wa.gov, website doh.wa.gov; or Me'Kyel Bailey, P.O. Box 47380, Olympia, WA 98504-7903, phone 360-764-9161, fax 360-236-2601, TTY 711, email mekyel.bailey@doh.wa.gov, website doh.ws.gov [doh.wa.gov].
Additional comments: If you are interested in this rule making and want to be on the interested parties list, please email Karen Mullen at karen.mullen@doh.wa.gov.  
May 27, 2025
Kristin Peterson, JD
Chief of Policy
for Jessica Todorovich, MS
Acting Secretary of Health