BILL NUMBER: AB 2280	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 24, 2012

   An act to add Section 123327 to the Health and Safety Code,
relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2280, as amended, Lara. California Special Supplemental Food
Program for Women, Infants, and Children.
    Existing law, the California Special Supplemental Food Program
for Women, Infants, and Children (WIC Program), administered by the
State Department of Public Health, provides for the issuance of
nutrition coupons, as defined, to certain low-income women, infants,
and children who have been determined to be at nutritional risk. The
WIC Program, which implements a program authorized under existing
federal law, provides for the redemption of nutrition coupons by
recipients at any authorized retail food vendor. Existing law
provides that a vendor or any person who, among other things,
knowingly redeems coupons in excess of the price charged other
customers is subject to specified sanctions.
   This bill would require the department, within 30 days, to provide
written notice, as prescribed, to a vendor if the department
determines that the vendor has committed an initial violation for
which a pattern of the violation must be established to impose a
sanction. This bill would require the notice to be delivered to the
vendor before the department conducts a second investigation for
purposes of establishing a pattern of the violation  , unless the
department determines, as specified, that notifying the vendor would
compromise an investigation  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 123327 is added to the Health and Safety Code,
to read:
   123327.  (a) The department, within 30 days, shall provide written
notice to a retail food vendor if the department determines that the
vendor has committed an initial violation for which a pattern of the
violation must be established to impose a sanction.
   (b) The written notice shall be delivered to the vendor's most
recent business ownership address on file with the department before
the department conducts a second investigation for purposes of
establishing a pattern of the violation.
   (c) The written notice shall include a description of the initial
violation sufficient to allow the vendor to take corrective action
that includes all of the following:
   (1) A description of the sales transaction constituting the
violation.
   (2) The date and approximate time of the transaction.
   (3) The location of the vendor store. 
   (d) The department shall not be required to provide written notice
to a retail food vendor if the department determines, in its
discretion, on a case-by-case basis, that notifying the vendor would
compromise an investigation.  
   (e) For purposes of this section, "violation" means a violation
set forth in Section 246.12(l  ) of Title 7 of the Code of
Federal Regulations.