WSR 08-18-014

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed August 22, 2008, 1:57 p.m. ]

Subject of Possible Rule Making: WAC 246-790-010, 246-790-050, 246-790-070, 246-790-080, 246-790-090, 246-790-100, 246-790-120, and 246-790-130, amending women, infants and children (WIC) nutrition program requirements for authorized retailers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.120 Federal programs -- Rules.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department implements federal rule 7 C.F.R. 246, which establishes requirements for retailers selected to participate in the women, infants and children (WIC) nutrition program. Chapter 246-790 WAC sets standards and practices for implementing the federal law in Washington. Requirements for retailers include: Definitions, retailer selection criteria; the process for getting a food authorized for WIC; how a grocery store becomes WIC authorized; how to contract with the department as a WIC authorized retailer; noncompliance with the retailer contract and sanctions that may be imposed for noncompliance; how to appeal WIC decisions and a description of the retailer advisory committee.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of health is the only Washington state agency that regulates the WIC nutrition program. Rules currently in place on these topics needs to be updated to reflect revised federal and program requirements.

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. Interested parties can participate in the formulation of the proposed rule and the decision to adopt the new rule. The department will distribute the draft rule to interested parties to gather comments. We will hold two stakeholder input meetings and use the department's web site to alert the public, retailers, the WIC retailer advisory committee and food industry organizations about the proposed changes. Interested parties and stakeholders may attend and participate in the public rules hearing. For more information, contact Janice Boden, WIC Nutrition Program, P.O. Box 47886, Olympia, WA 98504-7886, (360) 236-3610, e-mail janice.boden@doh.wa.gov.

August 22, 2008

Mary C. Selecky

Secretary

Washington State Code Reviser's Office