BILL NUMBER: AB 2280	CHAPTERED
	BILL TEXT

	CHAPTER  822
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2012
	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	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, 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 2nd investigation for purposes of
establishing a pattern of the violation. The bill would state that it
is the intent of the Legislature in enacting these provisions to
clarify existing law.


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 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.
   (d) For purposes of this section, "violation" means a violation
set forth in Section 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.