WSR 23-07-101
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed March 18, 2023, 2:13 p.m.]
Subject of Possible Rule Making: Chapter 246-780 WAC, Farmers' market nutrition program. The department of health (department) is considering amendments to include requirements for the use of electronic benefit payments.
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: The department administers the special supplemental nutrition program for women, infants, and children (WIC) farmers' market nutrition program (FMNP) that allows WIC participants to purchase unprocessed fresh fruits, vegetables, and cut herbs directly from growers in farmers' markets using their FMNP benefits. FMNP is transitioning to the use of electronic benefit payments (e-FMNP). The department is in the process of updating vendor contracts to reflect the use of e-FMNP. The department is considering amending chapter 246-780 WAC to align the rules with the contract language and reflect the practice of using e-FMNP.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture administers the WIC-associated FMNP, which was established by congress in 1992. The department will ensure that any rules adopted to implement the use of e-benefits will align with federal rules.
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 98504-7380, phone 360-515-8279, email karen.mullen@doh.wa.gov; or Ashley Noble, P.O. Box 47380, Olympia, WA 98504-7380, phone 360-236-3776, email Ashley.noble@dohl.wa.gov [Ashley.noble@doh.wa.gov].
Additional comments: To receive notifications regarding this rule making, please contract either Karen Mullen or Ashley Noble to be added to the department's interested parties list.    
March 17, 2023
Kristin Peterson, JD
Chief of Policy
for Umair A. Shah, MD, MPH
Secretary