BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2280
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          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 2280 (Lara) - As Amended:  May 1, 2012 

          Policy Committee:                              HealthVote:19 - 0 


          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Department of Public Health (DPH) notify 
          a California Special Supplemental Food Program for Women's 
          Infants, and Children's (WIC program) vendor, in writing, within 
          30 days, if DPH determines that the vendor has committed a 
          violation.

           FISCAL EFFECT  

          Costs associated with this legislation would be minor and 
          absorbable within existing resources. 

           COMMENTS  

           1)Purpose  . According to the author, WIC participants need access 
            to healthy nutritious foods, but do not always have access to 
            state-approved WIC retail food vendors in their own 
            communities.  The author maintains that current 
            inconsistencies between state regulations and federal law and 
            regulations have compounded the problem of WIC food access.  
            Specifically, failure to notify a vendor of a first or 
            subsequent violation, before sanctions are imposed, denies the 
            vendor the opportunity to implement corrective action to 
            prevent future violations, such as providing additional 
            training for cashiers and store employees.  Additionally, the 
            author maintains, current state regulations put a vendor in 
            danger of disqualification, thereby exacerbating the 
            community's access to eligible retail food vendors and thus 
            necessary food products.

           2)WIC Program  . WIC is a 100% federally funded nutrition and 








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            health program that provides education and food to pregnant 
            and lactating women and children up to five years old.  The 
            program is designed to provide temporary assistance during 
            those brief periods in life that may be particularly 
            challenging: during pregnancy, the birth of a newborn, or 
            having a young child with nutrition and/or health conditions.  
            Most families participating in WIC, according to DPH, are 
            employed with incomes at or below 185% of the federal poverty 
            level (currently $42,642 for a family of four).   
             
            DPH administers contracts with 84 local agencies - half local 
            governments and half private, non-profit community 
            organizations - that operate WIC centers in 650 locations 
            statewide.  At these centers, approximately 3,000 local WIC 
            staff members assess WIC eligibility based on residency 
            requirements, income, and health or nutritional risk, and 
            issue six million food checks each month.  Each check is valid 
            for a 30-day period and is payable for a specific type and 
            quantity of food. On average, WIC checks equate to about $63 
            per month in food per participant.
              
          3)Support  .  The California Grocers Association (CGA) writes in 
            support that current California Code of Regulations regarding 
            WIC retail food vendor violation notifications is inconsistent 
            with federal law.  CGA maintains that in fact, while federal 
            law provides clear direction requiring state agencies to 
            provide vendors notification of vendor violations, California 
            regulations provide direction to the contrary - putting 
            vendors at risk of losing their contract with the state and 
            their ability to serve WIC participants.  CGA asserts that 
            this bill will allow WIC retail food vendors the opportunity 
            to remedy violations and help preserve options for WIC 
            participants by allowing vendors to remain in the WIC program 
            after rectifying the violations.  
                 
            4)Related Legislation  . AB 2322 (Gatto) requires DPH adopt 
            regulations surrounding initiating moratoriums on authorizing 
            new WIC program vendors.  That bill is currently pending 
            before this committee.  
           

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081 










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