BILL ANALYSIS �
AB 2280
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2280 (Lara)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |70-0 |(May 25, 2012) |SENATE: |35-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Requires the Department of Public Health (DPH), in its
role as administrator of the Special Supplemental Food Program
for Women, Infants, and Children (WIC), to provide written
notice, with specified information, to a vendor if DPH
determines the vendor has committed an initial violation.
Requires the notice to be delivered to the vendor within 30 days
of the initial violation and before DPH conducts a second
investigation for purposes of establishing a pattern of the
violation to impose a sanction.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require DPH to provide written notice to a retail food vendor
no later than 30 days after DPH determines that a retail food
vendor has committed an initial violation and the first
investigation that identified the violation is complete.
2)Require the written notice referenced in 1) above to be
delivered to the vendor 30 days before DPH 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 DPH or to the vendor location upon
identification of a violation during the vendor monitoring.
3)Require the written notice to include a description of the
initial violation and permit the written notice to 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.
4)Delete reference to Section 246.12(l) of Title 7 of the
Federal Code of Regulations and instead make reference to
AB 2280
Page 2
Section 246.2 of Title 7 of the Federal Code of Regulations,
for purposes of defining a violation.
5)State that it is the intent of the Legislature in enacting the
provisions of this bill to clarify existing law.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version as passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, WIC participants need access
to healthy nutritious foods, but to do so they must 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. This bill, the author
argues, will do the following: 1) ensure the state complies
with federal law and regulations pertaining to WIC vendor
notifications; 2) create a clear and fair process for WIC retail
food vendors to take necessary corrective action after a
violation is documented; 3) preserve access to healthy
nutritious foods for WIC clients in their own communities; and,
4) prevent exacerbating "food deserts" in our state.
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097
FN:
0005660