BILL NUMBER: AB 2280	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	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  after
the department   has completed its first investigation 
, 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  30 days  before the department
conducts a  second   2nd investigation for
purposes of establishing a pattern of the violation  , unless
the department determines, as specified, that notifying the vendor
would compromise an investigation  .  The bill would
state that it is the intent of the Legislature in enacting the 
 se provisions to clarify existing law. 
   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.  Notice shall be provided no later than 30
days after the department   determines the first
investigation that identified the violation is complete.  
   (b) The written notice shall be delivered to the vendor 30 days
before the department conducts a second investigation for purposes of
establishing a pattern of the violation to the vendor's most recent
business ownership address on file with the department or to the
vendor location upon identification of a violation during the vendor
monitoring, as defined by Section 40743 of Title 22 of the California
Code of Regulations.  
   (c) The written notice shall include a description of the initial
violation and may include information to assist the vendor to take
corrective action, including, but not limited to, a 60-day window
that includes the date of the violation.  
   (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) 
    (d)  For purposes of this section, "violation" means a
violation set forth in Section  246.12(   l
  )   246.2  of Title 7 of the Code of
Federal Regulations. 
   (e) It is the intent of the Legislature in enacting this section
to clarify existing law.