BILL ANALYSIS �
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
AB 2280
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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
AB 2280
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