WSR 26-01-109
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed December 16, 2025, 1:31 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-12-055.
Hearing Location(s): On January 27, 2026, at 10:00 a.m., via Zoom webinar. Register in advance for this webinar at https://us02web.zoom.us/webinar/register/WN_qsH6VCPBQpKr6GZd3rNQSA. After registering, you will receive a confirmation email containing information about joining the webinar.
Date of Intended Adoption: March 2, 2026.
Submit Written Comments to: Karen Mullen, P.O. Box 47380, Olympia, WA 98504-7380, email karen.mullen@doh.wa.gov, fax 360-236-2601, https://fortress.wa.gov/doh/policyreview/, beginning the date and time of filing, by January 27, 2026, at 11:59 p.m.
Assistance for Persons with Disabilities: Contact Karen Mullen, phone 360-515-8279, fax 360-236-2601, TTY 711, email karen.mullen@doh.wa.gov, by January 14, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 246-780 WAC, Farmers market nutrition program. The department of health (department) is considering amending chapter 246-780 WAC to implement SSB 5214 (chapter 127, Laws of 2025). The rules would allow mobile markets to participate in the farmers market nutrition program (FMNP). Authorized mobile markets would be allowed to participate in FMNP by selling eligible foods, from local farmers who grow at least a portion of what they sell, to women, infants and children (WIC) FMNP, WIC cash value benefits (CVB), and senior farmers market nutrition program (SFMNP) participants. The changes to existing rules are:
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| • | Establishment of an application process for potential mobile markets. |
| • | Establishment of minimum requirements of authorized mobile markets. |
| • | Requirements that authorized mobile markets be a nonprofit organization, have at least five growers contracted during the FMNP season, operate within 30 miles of a WIC office, be at least 0.25 miles away from the nearest FMNP authorized farmers market, and have an established route submitted to the department. |
Reasons Supporting Proposal: In 2025, the Washington state legislature passed SSB 5214 with the intent to establish a mobile market program within FMNP with the goal of increasing nutrition access to participants of the WIC program and SFMNP. The proposed rules will allow recipients to use their benefits to access fresh fruits, vegetables, and cut herbs at authorized mobile markets. The department must require mobile markets to be operated by a nonprofit organization and prevent market competition between a mobile market and a farmers market that is participating in FMNP.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Karen Mullen, 111 Israel Road S.E., Tumwater, WA 98501, 360-515-8279; Implementation: Katherine Flores, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3721; and Enforcement: Steve Strong, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3763.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Karen Mullen, P.O. Box 47380, Olympia, WA 98504-7380, phone 360-515-8279, fax 360-236-2601, TTY 711, email
karen.mullen@doh.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of exemptions: The defined terms clarify the meaning of the terms used throughout the chapter and are not intended to set standards; and rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Scope of exemption for rule proposal:
Is partially exempt:
Explanation of partial exemptions:
Proposed WAC Sections and Title | This proposed rule section is not exempt - Analysis is required. | This proposed rule section is exempt. Provide RCW to support this exemption. |
WAC 246-780-001 Purpose of the farmers market nutrition program. | | This section of rule is exempt from analysis under RCW 34.05.310 (4)(d). This change corrects typographical errors, makes address or name changes, or clarifies language of the rule without changing its effect. |
WAC 246-780-010 Definitions. | | This section of rule is exempt from analysis under RCW 34.05.310 (4)(d). The defined terms clarify the meaning of the terms used throughout the chapter and are not intended to set standards. |
WAC 246-780-023 Mobile market application requirements. | X | |
WAC 246-780-024 Authorized mobile market minimum requirements. | X | |
WAC 246-780-040 Noncompliance with FMNP requirements by an authorized farmers market, authorized mobile market, authorized grower, or authorized farm store. | X | |
WAC 246-780-060 Appealing a department decision. | X | |
The proposed rule does impose more-than-minor costs on businesses.
Small Business Economic Impact Statement
A brief description of the proposed rule, including the current situation/rule, followed by the history of the issue and why the proposed rule is needed. A description of the probable compliance requirements and the kinds of professional services that a small business is likely to need in order to comply with the proposed rule: The department is proposing new rules in chapter 246-780 WAC to allow nonprofit traveling retail operations, known as mobile markets, to sell fresh, unprocessed, locally grown fruits, vegetables, cut herbs and honey, to participants of FMNP who live in underserved and rural areas.
The department administers FMNP under the authority of RCW
43.70.700. FMNP allows special supplemental nutrition program for WIC participants to purchase unprocessed fresh fruits, vegetables, and cut herbs directly from growers in farmers markets using their FMNP benefits. FMNP also includes SFMNP, administered by the department of social and health services, and WIC CVB for fruits and vegetables.
Chapter 246-780 WAC establishes the requirements an FMNP must follow, including: The process for farmers markets, growers, and farm stores to apply for the program; eligible products for benefit redemption; and requirements related to benefit processing. The rule describes department enforcement, the appeals process following department decisions, and how to appeal a department decision.
The Washington state legislature passed ESSB 5214 (chapter 127, Laws of 2025) in the 2025 legislative session to increase nutrition access for participants in WIC and SFMNP by establishing a mobile market program under the authority of the department as part of FMNP. In the current rule, only farmers markets, growers, and farm stores are eligible to participate in FMNP. This proposed rule amends FMNP rules to include authorized mobile markets to participate in the FMNP program. The proposed rules will allow recipients of WIC, SFMNP, and CVB to use their benefits to access fresh fruits, vegetables, and cut herbs at authorized mobile markets. Amending the current rule to include mobile markets may increase access to fresh fruits, vegetables, and cut herbs to participants who live in underserved and rural areas.
In order to comply with the proposed rule, small business mobile markets that wish to be authorized mobile markets under this program must be able to process electronic benefit transactions. The electronic benefit transactions require a smart device and internet connection to process the transactions. Mobile markets must also account for administrative costs, including signing the FMNP contract, training, and monitoring/compliance activities.
Identification and summary of which businesses are required to comply with the proposed rule using the North American Industry Classification System (NAICS):
Table 1: Summary of Businesses Required to
Comply with the Proposed Rule
NAICS Code (4, 5, or 6 Digit) | NAICS Business Description | Number of Businesses in Washington State | Minor Cost Threshold |
1112 | Vegetable and Melon Farming | 104 | $11,448.46 |
1113 | Fruit and Tree Nut Farming | 191 | $4,059.52 |
1114 | Greenhouse, Nursery and Floriculture Production | 635 | $2,619.02 |
11291 | Apiculture | 97 | $396.42 |
44523 | Fruit and Vegetable Retailers | 563 | $2,037.02 |
Analysis of probable costs of businesses in the industry to comply with the proposed rule and includes the cost of equipment, supplies, labor, professional services, and administrative costs. The analysis considers if compliance with the proposed rule will cause businesses in the industry to lose sales or revenue:
WAC 246-780-023 Mobile market application requirements.
Description: This section establishes the requirements a mobile market must meet to become eligible to participate in FMNP. If accepted, the authorized mobile market must also continue to meet the same criteria:
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| • | Submit a completed application. |
| • | Complete training on FMNP. |
| • | Sign a contract/agreement with the department. |
| • | Have a designation as a nonprofit organization. |
| • | Accept electronic FMNP transactions at the point of sale. |
| • | History of operation for at least one year prior to application. |
| • | Mobile market route stops must be within 30 miles of a local WIC agency. |
| • | Include at least five local growers participating in the mobile market each season. |
| • | Maintain a current list of authorized growers. |
| • | Have an established mobile market route with a unique address for each stop. |
| • | Location of stops must be at least 0.25 miles away from authorized farmers markets. |
| • | Comply with training sessions and monitoring visits from the department. |
| • | Submit to department sales and tax information as requested. |
| • | Be current with state, federal, and local taxes; and |
| • | Comply with terms and conditions in the contract/agreement. |
Cost(s): Costs are anticipated to fall within three areas: Training and monitoring, electronic transaction costs for FMNP benefits, and administrative costs. Cost estimates were obtained from published statistics, interested parties who already use these tools and currently operating mobile markets, and local cellular carriers.
Cost of training and monitoring: The mobile market applicant or designee(s) must complete training on FMNP requirements. This requirement assumes that at least one employee will be required to complete training at the following frequency and cost:
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| • | One annual virtual training for 1.5 hours. This training, offered annually by the department on the program requirements, may need updates to include specifics for mobile markets. |
| • | Estimated cost of applicant or designee is based on a market manager's time at $75 (hourly rate of $50/hour).1 |
1 | Pay rate gathered 2025 from U.S. Bureau of Labor Statistics for Farmers, Ranchers, and Other Agricultural Managers (11-9013) Occupational Employment and Wage Statistics and govsalaries.com for Farmers Market Managers. Farmers Market Manager Salary in Washington and Market Manager Job - Twin Sisters Farmers Market. |
Cost of FMNP electronic transactions for FMNP benefits: Mobile markets must have the ability to accept an FMNP electronic benefits transaction at the point of sale. In practice, this means they must have a smart device with an internet connection across multiple locations. Cost ranges for technology and administrative compliance with the rule include factors such as the number of devices needed, data usage, the need for an available hotspot, and the potential cost of a smart device (e.g., a phone or tablet) for conducting transactions. The overall annual cost is estimated at a low range of negligible, assuming the mobile market is using a device and carrier plan they already own, and a high range estimated at $4,160 using T-mobile devices (one phone and two tablets) and data plans as the highest cost option.
Cost of administration for FMNP benefits: Mobile market applicants must review and sign the contract or agreement, maintain a list of current growers, and create a route of stops to submit to the department. Mobile markets are required to be in business for one year prior to application and so should already have established routes and initial adjustments are not anticipated to be significantly higher during the first year. The estimated cost is $150-$200 for three-four hours of administrative time at $50/hour.2 There may be additional costs associated with mobile market rerouting if an authorized farmers market is found to be within 0.25 miles from a mobile market location. This cost is included in annual administrative costs.
2 | Pay rate gathered 2025. Farmers Market Manager Salary in Washington and Market Manager Job - Twin Sisters Farmers Market from U.S. Bureau of Labor Statistics for Farmers, Ranchers, and Other Agricultural Managers (11-9013) Occupational Employment and Wage Statistics and govsalaries.com for Farmers Market Managers. |
Table 3: One-Time Costs and Annual Costs
During the First Year of Operation
Cost Category | Cost Description | One-Time Cost | Annual Cost | Total First-Year Cost* |
FMNP training (owner/manager) | 1.5 hours at $50/hr | N/A | $75 | $75 |
Technology (devices, hotspots, and annual data plan cost) | Smart devices and hotspot equipment ranges are based on carrier plans, device needs, and previous device ownership | ** | ** | Negligible (if devices and plans are owned and plans are established) $562 (Verizon low-end components) $4,160 (Multiple devices and hotspots)** |
Administrative costs | Contract renewal, maintaining grower lists, route development (three-four hours at $50/hr) | Negligible | $150 - $200 | $150 - $200 |
Total first-year costs | | $75 (Minimum training and administration, assuming $0 device cost) | $225 | $225 - $4,235 |
* First-year costs were calculated by adding up one-time costs and annual costs to express the complete cost a business would incur to start operations.
** Unable to separate phone and tablet costs as part of starting a cell plan.
WAC 246-780-024 Authorized mobile market minimum requirements.
Description: This section describes the minimum standards that a mobile market must meet to participate in FMNP after its contract/agreement is authorized. The minimum requirements include:
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| • | Compliance with the terms and conditions of the contract. |
| • | Acceptance of training and technical assistance from the department. |
| • | Providing in-person training to mobile market employees, volunteers, and authorized growers on FMNP requirements. Training can be provided by the mobile market or by the department. |
| • | Accountability for the actions of employees and volunteers. |
| • | Keeping a current list of growers, including their names and addresses. |
| • | Ensuring FMNP benefits and WIC CVB are only accepted for eligible foods. |
| • | Use of a mobile market unique identifier for all WIC FMNP, SFMNP, and CVB transactions. |
| • | Display of "WIC and Senior Farmers Market Benefits Welcome Here" sign each day. |
| • | Display prices clearly for all WIC FMNP, SFMNP, and WIC CVB eligible foods during market business hours. |
| • | Compliance with federal and state nondiscrimination laws. |
| • | Ensuring participants receive the same courtesies as other customers. |
| • | Providing information about participation in the program to the department upon request. |
| • | Keeping participant information confidential. |
| • | Allowing the department to monitor for compliance with FMNP requirements. |
| • | Notification to the department if the mobile market ceases operation. |
| • | Notification to the department of suspected noncompliance with FMNP requirements by any authorized farmers market, mobile market, grower, or farm store. |
| • | Notification to the department of any changes to the mobile market's route within at least five business days. |
| • | Reimbursement to the department for mishandled FMNP and WIC CVB benefits. |
| • | Not collecting sales tax on WIC FMNP, WIC CVB, and SFMNP benefit purchases. |
| • | Not giving cash back for WIC FMNP, WIC CVB, and SFMNP benefit purchases. |
| • | Not trading, bartering, or otherwise using FMNP benefits to purchase foods from other growers or pay for market fees or other business costs. |
| • | Maintaining a business model that promotes business integrity. |
Cost(s): Training and monitoring: Complete training on FMNP requirements from either the department or the mobile market.
| |
| • | 1.5 hours training on program requirements and electronic transactions per staff member annually. |
| • | The department offers training at no cost. Range of $75-$750 with an estimate of one to 10 staff and a rate of $50/hour to include pay rate and benefits. |
One hour for monitoring and compliance activities annually (including, but not limited to, ensuring FMNP rules are followed through activities like compliance buys and site visits).
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| • | Estimated cost range of $50-$200 (assuming one staff at four hours or four staff at one hour each) to account for potential of both the market manager and additional staff to participate in these activities.2 |
2 | Pay rate gathered 2025. Farmers Market Manager Salary in Washington and Market Manager Job - Twin Sisters Farmers Market from U.S. Bureau of Labor Statistics for Farmers, Ranchers, and Other Agricultural Managers (11-9013) Occupational Employment and Wage Statistics and govsalaries.com for Farmers Market Managers. |
Technical assistance with the department if there is a finding after annual compliance activities.
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| • | The department anticipates no additional costs for a compliant authorized mobile market. |
Cost of signage.
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| • | The "WIC and Senior Farmers Market Benefits Welcome Here" signs are offered at no cost by the department. |
WAC 246-780-040 Noncompliance with FMNP requirements by an authorized farmers market, authorized mobile market, authorized grower, or authorized farm store.
Description: This section describes the sanctions an authorized farmers market, authorized grower, or authorized farm store is subject to if they do not comply with WIC federal regulations, chapter 246-780 WAC, or their contract or agreement with the department. The proposed rule adds authorized mobile markets. The rule includes:
Verbal warning and technical assistance: FMNP staff may provide technical assistance to the mobile market to help correct violations. This may include conversations with the market manager and guidance on corrective actions.
Denial of payment, reimbursement to the department, and civil monetary penalties: The mobile market may be required to repay the department for mishandled benefits, and the department may deny payment to the mobile market for mishandled benefits. The department may also impose sanctions, such as civil monetary penalties, for subsequent violations. These are outlined in the contract/agreement and would vary by situation.
Suspension or termination of the FMNP agreement: The mobile market would no longer be able to participate during the current market season. Disqualification: The mobile market would no longer be able to participate during the current market season or future market seasons. FMNP staff often provide technical assistance first for contact violations to avoid disqualification when possible.
Cost(s): The department does not anticipate any new costs associated with the changes in this section. The rules only apply if an authorized vendor is noncompliant.
WAC 246-780-060 Appealing a department decision.
Description: This section establishes the right of FMNP authorized farmers market, grower, farm store, or applicants to appeal departmental decisions, and the process by which they may appeal. The proposed rule includes authorized mobile markets and applicants in the appeal process.
Cost(s): The department does not anticipate any new costs associated with the changes in this section.
Summary of all cost(s):
Table 4: Summary of Section 3 Probable Cost(s)
WAC Section and Title | Probable Cost(s) |
WAC 246-780-023 Mobile market application requirements. | $75 for program training $0-$4,160 per year, plus initial payments for mobile devices and internet access $200 for administrative costs |
WAC 246-780-024 Authorized mobile market minimum requirements. | $175-$1,150 per year for training, monitoring, compliance, and technical assistance |
WAC 246-780-040 Noncompliance with FMNP requirements by an authorized farmers market, authorized mobile market, authorized grower, or authorized farm store. | None |
WAC 246-780-060 Appealing a department decision. | None |
Analysis on if the proposed rule may impose more-than-minor costs for businesses in the industry. Includes a summary of how the costs were calculated: Yes, the costs of the proposed rule ranging from $225 to $4,235, which is greater than the minor cost threshold of $396.42.
Summary of how the costs were calculated:
Table 5: One-Time Costs and Annual Costs Incurred by Businesses During the First Year of Operation
Cost Category | Cost Description | One-Time Cost | Annual Cost | Total First-Year Cost* |
FMNP training (owner/manager) | 1.5 hours at $50/hr | N/A | $75 | $75 |
Technology (devices, hotspots, and annual data plan cost) | Smart devices and hotspot equipment ranges are based on carrier plans, device needs, and previous device ownership | ** | ** | Negligible (if devices and plans are owned and plans are established) $562 (Verizon low-end components) $4,160 (Multiple devices and hotspots)** |
Administrative costs | Contract renewal, maintaining grower lists, route development (three - four hours at $50/hr) | Negligible | $150 - $200 | $150 - $200 |
Total first-year costs | | $75 (Minimum training and administration, assuming $0 device cost) | $225 | $225 - $4,235 |
* First-year costs were calculated by adding up one-time costs and annual costs to express the complete cost a business would incur to start operations.
** Unable to separate phone and tablet costs as part of starting a cell plan.
Determination on if the proposed rule may have a disproportionate impact on small businesses as compared to the 10 percent of businesses that are the largest businesses required to comply with the proposed rule: No, the department believes the proposed rule does not have a disproportionate impact on small businesses as compared to the 10 percent of businesses that are the largest businesses required to comply with the proposed rule.
Explanation of the determination: Currently, all mobile markets operating in Washington state are small businesses. There are two potential applicants who are anticipated to apply to become authorized mobile markets; both are small businesses; large businesses are not expected to apply.
A copy of the statement may be obtained by contacting Karen Mullen, P.O. Box 47380, Olympia, WA 98504-7380, phone 360-515-8279, fax 360-236-2601, TTY 711, email Karen.Mullen@doh.wa.gov.
December 15, 2025
Kristin Peterson, JD
Chief of Policy
for Dennis E. Worsham
Secretary of Health
RDS-6875.1
AMENDATORY SECTION(Amending WSR 25-09-026, filed 4/7/25, effective 5/8/25)
WAC 246-780-001Purpose of the farmers market nutrition program.
(1) The purpose of the farmers market nutrition program (FMNP) is to:
(a) Provide access to:
(i) Locally grown, fresh, nutritious, unprepared fruits and vegetables, and fresh cut herbs to women, infants over five months of age, and children, who participate in the special supplemental nutrition program for women, infants, and children (WIC);
(ii) The WIC fruit and vegetable cash value benefit (CVB); and
(iii) The senior farmers market nutrition program (SFMNP) which includes locally grown, fresh, nutritious, unprepared fruits, vegetables, and fresh cut herbs.
(b) Expand the awareness and use of farmers markets where consumers can buy directly from the grower.
(c) Provide access to fresh, healthy foods regardless of a household's proximity to a farmers market through nonprofit mobile markets for participants of WIC FMNP, WIC CVB, and SFMNP.
(2) The FMNP is administered by the Washington state department of health.
AMENDATORY SECTION(Amending WSR 25-09-026, filed 4/7/25, effective 5/8/25)
WAC 246-780-010Definitions.
The definitions in this section apply throughout this chapter unless the context clearly implies otherwise.
(1) "Authorized" or "authorization" means an applicant has met the selection criteria and has been issued a signed contract with the department allowing participation in the FMNP.
(2) "Authorized farm store" means a sale location at the site of agricultural production and is owned, leased, rented, or sharecropped and operated by an authorized grower where the grower sells produce directly to consumers.
(3) "Authorized farmers market" means a farmers market authorized by the department that has a minimum of five or more authorized growers who assemble at a defined location for the purpose of selling their produce directly to consumers.
(4) "Authorized grower" means an individual authorized by the department who grows at least a portion of the produce that they sell at a Washington state authorized farmers market, authorized roadside stand, or authorized farm store.
(5) "Authorized mobile market" means a traveling nonprofit retail operation that has been approved by the department to accept WIC FMNP, WIC CVB, and SFMNP benefits, and sells fresh, unprocessed, locally grown fruits, vegetables, cut herbs, and honey directly to participants. Authorized mobile markets must not compete with authorized farmers markets.
(6) "Benefit" means a negotiable financial instrument issued by the WIC, WIC FMNP, or SFMNP to participants to purchase eligible foods in each of these programs at farmers markets.
(((6)))(7) "Broker" or "wholesale distributor" means an individual or business who exclusively sells produce grown by others. There is an exception for an individual employed by an authorized grower or nonprofit organization to sell produce on behalf of authorized growers.
(((7)))(8) "Business and financial documentation" means all documents required to own and operate a business as a grower which may include, but is not limited to, banking and financial records; property sales; accounting; and product sales.
(((8)))(9) "Civil monetary penalty" means a sum of money imposed by the FMNP program for noncompliance with program requirements for WIC FMNP and SFMNP.
(((9)))(10) "Contract" or "agreement" means a written legal document binding the contractor and the department to designated terms and conditions.
(((10)))(11) "Cut herbs" means fresh herbs with no medicinal value that are not potted.
(((11)))(12) "WIC CVB" means a monthly cash value benefit which is a WIC food instrument used by a participant to obtain fresh fruits and vegetables.
(((12)))(13) "Department" means the Washington state department of health.
(((13)))(14) "Disqualification" means terminating the contract or agreement of an authorized farmers market, authorized mobile market, authorized grower ((or)), authorized farm store, or authorized roadside stand for noncompliance with WIC CVB, WIC FMNP, or SFMNP requirements.
(((14)))(15) "Eligible foods" means locally grown, unprocessed (except for washing), fresh, nutritious fruits, vegetables, and cut herbs.
(((15)))(16) "Electronic farmers market nutrition program (e-FMNP)" means the electronic benefits providing access to fresh fruits, vegetables, and cut herbs for WIC and senior participants.
(((16)))(17) "FMNP" means the farmers market nutrition program.
(((17)))(18) "Food instrument" means an e-WIC card or QR code used to obtain eligible foods.
(((18)))(19) "Grower" means an individual who grows at least a portion of the produce that they sell at a farmers market or farm store that entered into an agreement with the department.
(((19)))(20) "Local WIC agency" means the contracted agency or clinic where a participant receives WIC services and farmers market benefits.
(((20)))(21) "Locally grown" means Washington grown or grown in an adjacent county of Idaho or Oregon.
(((21)))(22) "Market manager" means an individual designated by the farmers market management or board who is responsible for overseeing the market's participation in the FMNP.
(((22)))(23) "Nonprofit" means a private agency which is exempt from income tax under the Internal Revenue Code of 1986 as amended, (26 U.S.C. 1 et. seq.).
(24) "Notice of violation" means a written document given to an authorized grower, authorized farm store, authorized roadside stand, authorized mobile market, or authorized farmers market when the department determines the vendor has not complied with program requirements, federal WIC regulations, this chapter, or a contract or agreement.
(((23)))(25) "Participant" means a senior, woman, infant, or child receiving WIC CVB, WIC FMNP, or SFMNP.
(((24)))(26) "Point of sale" means the location the transaction occurred between the participant and the ((grower))the WIC CVB, WIC FMNP, or SFMNP vendor.
(((25)))(27) "QR code" means a quick response code used to read a participant's benefits on the senior FMNP card or WIC card, or a sticker added to the e-WIC card for WIC participants, or a quick response code available on a mobile device.
(((26)))(28) "Roadside stand" means a location at which an individual farmer sells their produce directly to participants.
(29) "Selection criteria" means the approved standards the department uses to select growers, farmers markets, mobile markets, roadside stands, and farm stores for WIC FMNP, CVB, and SFMNP authorization.
(((27)))(30) "SFMNP" means the senior farmers market nutrition program administered by the department of social and health services.
(((28)))(31) "Suspension" means the immediate stoppage of WIC FMNP, CVB, and SFMNP payments to a WIC CVB, WIC FMNP, or SMNP grower or market as a result of ongoing compliance activities or lack of federal funding.
(((29)))(32) "Trafficking" means the buying or exchanging of farmers market benefits for cash, drugs, or alcohol.
(((30)))(33) "WIC" means the federally funded special supplemental nutrition program for women, infants, and children.
(((31)))(34) "WIC FMNP" means the WIC farmers market nutrition program administered by the department.
(((32)))(35) "WIC FMNP & SFMNP benefits" means a negotiable financial instrument issued by the FMNP to participants to purchase eligible foods. Also known as "WIC & SFMNP benefits."
NEW SECTION
WAC 246-780-023Mobile market application requirements.
(1) The department shall consider a mobile market for FMNP authorization, when the applicant meets all of the following:
(a) Submits a completed application to the department on a form provided by the department;
(b) Meets the selection criteria in subsection (2) of this section;
(c) Completes training on FMNP requirements; and
(d) Receives a contract or agreement from the department signed by both the department and the applicant.
(2) Mobile market selection criteria. At the time of application, applicants shall meet the following criteria and shall continue to meet the following criteria throughout the period of authorization:
(a) Be a nonprofit organization, and have a mobile market manager or designated representative;
(b) Have the ability to accept e-FMNP transactions at the point of sale;
(c) Have been in operation at least one year. The one year requirement may be waived by the department based on capacity and need;
(d) Be located within 30 miles of the local WIC agency;
(e) Have at least five local growers, which grow at least a portion of what they sell in Washington, participating in the mobile market each season under contract period;
(f) Must maintain a current list of growers participating in the mobile market;
(g) Have an established route with a unique address for each stop provided to the department before the start of the season. The stops must be at least 0.25 miles away from authorized farmers markets;
(h) Comply with training sessions and monitor visits;
(i) Submit to the department, upon request, sales information including gross sales and tax exempt food sales;
(j) Be current with state, federal, and local taxes;
(k) Comply with all terms and conditions specified in the contract.
(3) The department is not required to authorize all applications. If the applicant meets the qualifications or the department has determined that including the applicant in the program is necessary to assure participant access, the department may offer a contract agreement to the applicant. An applicant that has an application declined may appeal the department's decision as provided in WAC 246-780-060.
(4) An authorized mobile market must reapply at the end of the current contract; however, neither the department nor the participant has an obligation to renew a contract.
(5) If authorized, the applicant will become an authorized mobile market for the term of the contract/agreement, provided the authorized mobile market continues to comply with requirements in chapter 246-780 WAC.
(6) Mobile markets can request an administrative appeal for certain adverse actions by the department in connection with the contract agreement as specified in the contract agreement and WAC 246-780-040.
(7) The department may temporarily suspend acceptance of applications when in the best interest of program administration.
NEW SECTION
WAC 246-780-024Authorized mobile market minimum requirements.
The authorized mobile market must:
(1) Comply with the FMNP requirements and the terms and conditions of their contract or agreement;
(2) Accept training and technical assistance on FMNP requirements from department staff;
(3) Provide in-person training to mobile market employees and volunteers on FMNP requirements. Training may be provided by either a mobile market manager or the department and includes, but is not limited to: Eligible foods, benefit processing and redemption procedures, civil rights requirements, and the complaint process;
(4) Be accountable for the actions of employees and volunteers;
(5) Keep a current list of growers, including the growers' names and business addresses;
(6) Use a mobile market identifier assigned by the department for each WIC CVB, WIC FMNP, and SFMNP transaction.
(7) Ensure that WIC FMNP, SFMNP benefits, and WIC CVBs are accepted only for locally grown eligible foods;
(a) Display prices clearly for all WIC FMNP, SFMNP, and WIC CVB eligible foods during mobile market business hours;
(b) Charge WIC CVB, WIC FMNP, and SFMNP customers the current price or less than the current price charged to other customers;
(8) Display the "WIC and Senior Farmers Market Benefits Welcome Here" sign each day;
(9) Comply with federal and state nondiscrimination laws;
(10) Ensure that participants receive the same courtesies as other customers;
(11) Provide the department, upon request, with any information it has available regarding its participation in the WIC FMNP, WIC CVB, and SFMNP;
(12) Keep participant information confidential;
(13) Cooperate with the department in monitoring the authorized mobile market for compliance with FMNP requirements and provide information on request;
(14) Notify the department immediately if authorized mobile market operations cease;
(15) Notify the department immediately of any authorized farmers market, authorized mobile market, authorized grower, or authorized farm store suspected of noncompliance with WIC FMNP, WIC CVB, and SFMNP requirements;
(16) Notify the department of changes to the established mobile market route within at least five business days of the new route taking effect;
(17) Reimburse the department for mishandled WIC FMNP, WIC CVB, and SFMNP benefits;
(18) Not collect sales tax on WIC FMNP, WIC CVB, and SFMNP benefit purchases;
(19) Not give cash back for purchases with WIC FMNP, WIC CVB, and SFMNP benefits;
(20) Not trade, barter, or otherwise use farmers market benefits to purchase foods from other growers or pay for market fees or other business costs; and
(21) Maintain a business model that promotes business integrity. The department may investigate the business integrity of an FMNP vendor or applicant at any time. In its determination of business integrity, the department's considerations will include, but are not limited to, the following:
(a) Providing complete and truthful information in the application, correspondence, and other documents requested by the department.
(b) Cooperating with department requests to complete WIC authorization or compliance activities.
(c) Providing business and financial documentation to the department upon request.
(d) Having no uncorrected violation(s) from a previous contracting period, current disqualification, or outstanding claims owed to the department.
(e) Disclosure of any third party, agent, or broker involved in any part of the application process.
(f) Disclosure of any broker of third parties.
AMENDATORY SECTION(Amending WSR 25-09-026, filed 4/7/25, effective 5/8/25)
WAC 246-780-040Noncompliance with FMNP requirements by an authorized farmers market, authorized mobile market, authorized grower, or authorized farm store.
(1) Authorized farmers markets, authorized mobile markets, authorized growers or authorized farm stores who do not comply with federal WIC regulations, including those at 7 C.F.R. 248.16, this chapter, or a contract or agreement with the department are subject to sanctions, such as suspensions, civil monetary penalties, or disqualification. Prior to disqualification, the department must consider whether the disqualification would create undue hardships for participants.
(2) Noncompliance includes, but is not limited to:
(a) Failing to display the "WIC and Senior Farmers Market Benefits Welcome Here" sign each day when selling at authorized farmers markets, authorized mobile markets, or authorized farm stores;
(b) Providing unauthorized food or nonfood items to participants in exchange for the WIC FMNP, WIC CVB, and SFMNP benefits;
(c) Charging the department for foods not received by the participant;
(d) Providing rain checks or credit to participants in a WIC FMNP, WIC CVB, and SFMNP transaction;
(e) Giving change to participants for purchases made with WIC FMNP, WIC CVB, and SFMNP benefits;
(f) Accepting WIC FMNP, WIC CVB, and SFMNP benefits at unauthorized farmers markets, unauthorized mobile markets, or unauthorized farm stores;
(g) Collecting sales tax on WIC FMNP, WIC CVB, and SFMNP purchases;
(h) Seeking reimbursement after the transaction from participants for benefits not paid by the department; and
(i) Violating the rules of this chapter or the provisions of the contract.
(3) Authorized farmers markets, authorized mobile markets, authorized growers, and authorized farm stores found in noncompliance will be notified by the department in writing.
(4) If an authorized farmers market, authorized mobile market, authorized grower, or authorized farm store is subsequently found in noncompliance for the same or a similar reason, the department may impose sanctions, such as civil monetary penalties or disqualification, without giving the opportunity to correct the problem.
(5) Denials of authorizations and disqualifications are effective upon receipt of the notice of violation. When the department notifies an authorized farmers market, authorized mobile market, authorized grower, or authorized farm store of any other pending adverse action that affects their authorization status in the WIC FMNP, WIC CVB, and SFMNP, the department must mail written notice of violation at least 15 days before the effective date of the action. The notice of violation must state what action is being taken, the effective date of the action, and the procedure for requesting an appeal hearing.
(6) The department may deny payment to an authorized grower, authorized mobile market, or an authorized farm store for mishandling WIC FMNP, WIC CVB, and SFMNP benefits.
(7) The department may seek reimbursement from an authorized grower, authorized mobile market, or authorized farm store for payments made on ineligible transactions.
(8) Civil monetary penalties must be paid to the department within the time period specified in the notice of violation. The department may refer an authorized grower, authorized mobile market, or authorized farm store who fails to pay within the specified time period to a commercial collection agency.
(9) An authorized farmers market, authorized mobile market, authorized grower, or authorized farm store that has been disqualified from the program may reapply at the end of the disqualification period.
(10) Any trafficking in WIC FMNP, WIC CVB, and SFMNP benefits in any amount must result in disqualification.
(11) An authorized farmers market, authorized mobile market, authorized grower, or authorized farm store who commits fraud or other unlawful activities is liable for prosecution according to federal program regulations at 7 C.F.R. 248.10(k).
(12) The department may sanction growers and authorized mobile markets for violations of WIC CVB, FMNP, and SFMNP requirements in accordance with the sanction table in the grower agreement. A violation occurs when a grower does not comply with WIC CVB, FMNP, and SFMNP requirements during the course of a single transaction involving one or more WIC CVB, FMNP, and SFMNP transactions. Sanctions may include vendor disqualification, civil monetary penalties, or both.
AMENDATORY SECTION(Amending WSR 25-09-026, filed 4/7/25, effective 5/8/25)
WAC 246-780-060Appealing a department decision.
(1) Proceedings under this chapter shall be in accordance with chapter 246-10 WAC. If a provision of chapter 246-10 WAC conflicts with a provision of 7 C.F.R. 246.18, the federal regulation shall prevail.
(2) An authorized farmers market, authorized mobile market, authorized grower, authorized farm store, or an applicant has a right to appeal denial of payment, denial of an application, civil monetary penalty or disqualification from the program.
(3) If the action being appealed is a disqualification of an authorized farmers market or authorized mobile market, the authorized farmers market or authorized mobile market must cease processing farmers market benefits for all authorized growers effective the date specified in the notice of violation.
(4) The department may, at its discretion, permit the authorized farmers market, authorized mobile market, authorized grower, or authorized farm store to continue participating in the program pending the appeal hearing outcome. The authorized grower, authorized mobile market, or authorized farm store may be required to repay funds for WIC FMNP, WIC CVB, and SFMNP benefits redeemed while waiting for the outcome of the hearing, depending on the hearing outcome.
(5) A request for an appeal hearing must be in writing and must:
(a) State the issue raised;
(b) Contain a summary of the authorized farmers market's, authorized mobile market's, authorized grower's, authorized farm store's, or applicant's position on the issue, and indicate whether each charge is admitted, denied, or not contested;
(c) State the name and address of the authorized farmers market, authorized grower, authorized farm store, or applicant requesting an appeal hearing;
(d) State the name and address of the attorney representing the authorized farmers market, authorized mobile market, authorized grower, authorized farm store, or applicant if any;
(e) State the need for an interpreter or other special accommodations, if necessary; and
(f) Have a copy of the notice of violation from the department attached.
(6) A request for an appeal must be filed at the Department of Health, Adjudicative Clerk's Office, P.O. Box 47879, Olympia, WA 98504-7879. The request must be made within 28 days of the date the authorized farmers market, authorized grower, authorized farm store, or applicant received the department's notice of violation.
(7) The decision concerning the appeal must be made within 60 days from the date the request for an appeal hearing was received by the adjudicative clerk's office. The time may be extended if all parties agree.