BILL NUMBER: AB 2322	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012
	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 24, 2012

   An act to amend  Sections   Section 
123285  and 123310  of, and to add  Sections
123311 and   Section  123312 to, the Health and
Safety Code, relating to nutrition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2322, as amended, Gatto. 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), authorizes establishment
of a statewide program, administered by the State Department of
Public Health, for providing nutritional food supplements to
low-income pregnant women, low-income postpartum and lactating women,
and low-income infants and children under 5 years of age, who have
been determined to be at nutritional risk. The 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 also authorizes the establishment of a
program, known as the Farmers Market Nutrition Program, to implement
a specified federal law, to provide fresh, high-quality agricultural
products to persons who are nutritionally at risk.  
vendor.  Existing law requires the department to authorize an
appropriate number and distribution of WIC Program retail food
vendors, and requires the department to establish certain criteria to
limit the number of vendors.
   This bill would require  a WIC Program-authorized food
vendor to be either a farmer participating in the Farmers Market
Nutrition Program, or a licensed retail outlet that meets certain
food stocking requirements. This bill would require  the
department to adopt regulations to specify certain criteria the
department shall use and actions the department shall take when
initiating a moratorium on new WIC Program vendor location
applications. This bill would require the department to seek any
federal approvals necessary to implement these provisions.
   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.  The Legislature finds and declares as follows:
   (a) The California Special Supplemental Food Program for Women,
Infants, and Children (WIC Program) currently authorizes 5,581 retail
food stores, or WIC Program vendors, to accept WIC Program nutrition
coupons from participants in exchange for authorized WIC Program
food products.
   (b) From 2007 to 2011, the total number of authorized WIC Program
vendors has grown from 3,527 vendors in 2007 to 5,135 vendors in
2011.
   (c) In April 2011, the WIC Program imposed a moratorium on
accepting applications for new vendor authorizations. The moratorium
was necessary to ensure the department's ability to effectively
manage vendor caseload, as required by Section 40735(a) of Title 22
of the California Code of Regulations and Section 246.12(g) of Title
7 of the Code of Federal Regulations. This moratorium was extended in
February 2012, in order to provide the department with an
opportunity to develop appropriate measures to process the rapid
increase in vendor applications in light of the limited federal funds
that are available.
  SEC. 2.  Section 123285 of the Health and Safety Code is amended to
read:
   123285.  As used in this article, the following definitions shall
apply:
   (a) "Health professional" means a physician and surgeon,
registered nurse, nutritionist, dietitian, or state or local
medically trained health official, who is competent to professionally
evaluate nutritional need and to authorize supplemental foods, as
determined by the state department.
   (b) "Low income" means an income of not more than 185 percent of
the poverty level as determined by the federal poverty income
guidelines promulgated by the United States Department of Health and
Human Services.
   (c) "Recipient" means low-income pregnant women, low-income post
partum and lactating women, and low-income infants and children under
five years of age, who are determined to be at nutritional risk by a
health professional, based on criteria established by the state
department.
   (d) "Nutrition coupon" means a check that is limited as to value,
food type, and food quantity and that has a limited period of
validity.
   (e) "WIC Program" means the California Special Supplemental Food
Program for Women, Infants, and Children. 
  SEC. 3.    Section 123310 of the Health and Safety
Code is amended to read:
   123310.  The department, under any program established pursuant to
this article, shall authorize retail food vendors, as described in
Section 123311, by written agreement, to accept nutrition coupons and
reimbursement according to the system developed by the department.
The department shall authorize an appropriate number and distribution
of food vendors in order to ensure adequate participant convenience
and access and to ensure that state or local officials can
effectively manage review of authorized food vendors in their
jurisdictions. The department shall establish criteria to limit the
number of retail food vendors with which the department enters into
agreements. The criteria, at a minimum, shall include:
   (a) The prices the vendor charges for foods in relation to other
vendors in its peer group. For purposes of this subdivision, "peer
group" means a group of vendors with similar characteristics that may
include, but shall not be limited to, any or all of the following:
   (1) Geographic location of the store.
   (2) Store size.
   (3) Type of store.
   (4) Number of cash registers.
   (5) Sales volume relating to any program established pursuant to
this article.
   (6) Gross sales volume.
   (7) Inventory.
   (8) Other vendor characteristics established by the department.
   (b) The ability of the department to ensure that authorized
supplemental foods will be provided through in-store compliance
purchases.
   (c) The adequacy of the shelf stock of the authorized supplemental
foods.
   (d) Past performance of the vendor in compliance with this article
and with CalFresh.  
  SEC. 4.    Section 123311 is added to the Health
and Safety Code, to read:
   123311.  (a) An authorized food vendor under this article shall be
either of the following:
   (1) A licensed retail outlet that satisfies the minimum food
stocking requirements established in departmental regulations.
   (2) A farmer participating in the Farmers Market Nutrition Program
accepting WIC Program fruit and vegetable checks at an authorized
farmers' market.
   (b) An authorized food vendor described in paragraph (1) of
subdivision (a) shall be open at least five days per week. Daily
operating hours shall be posted, and shall be consistent from week to
week. 
   SEC. 5.   SEC. 3.   Section 123312 is
added to the Health and Safety Code, to read:
   123312.  (a) The department shall adopt regulations to specify the
criteria the department shall use and the actions the department
shall take when initiating a moratorium on new WIC Program retail
food vendor location applications.
   (b) The regulations, at a minimum, shall do all of the following:
   (1) Define what is an effective caseload management level.
   (2) Identify the maximum duration of a moratorium.
   (3) Require a vendor alert or other official communication
regarding initiation of a moratorium to be accompanied by an action
plan with specific steps the department plans to take to achieve
effective caseload management by the identified end date of the
moratorium. The department shall make this information, including any
changes to the action plan, available to the public by posting this
information on the department's Internet Web site and through other
forms of electronic communication.
   (4) Require the department to process applications during the
moratorium period if the department was notified by the retail food
vendor of the vendor's intent to obtain authorization for a specific
store location prior to the effective date of the moratorium.
   (5) Require the department to provide retail food vendors with a
minimum of  60   30  days' notice prior to
the effective date of, or extension of, a moratorium.
   SEC. 6.   SEC. 4.   The department shall
seek any federal approvals necessary to implement this act.