PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Chapter 246-790 WAC, Special supplemental nutrition program for women, infants and children (WIC), the United States Department of Agriculture (USDA) has released more new federal regulations affecting the entire food delivery component of the WIC program. The regulations address length of a contract period with a retailer, the way the WIC program trains the retailers and how often required, the criteria used for choosing stores to monitor, the way stores are selected, the business integrity of a retailer, the minimum stock required of a retailer, and how the program reimburses retailers for the checks they accept.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.120.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The WIC program has a rule because it has federal authority to impose sanctions, including monetary penalties. The Administrative Procedure Act requires a state rule be in place if a program has the authority to impose monetary penalties. In addition, the program believes that having a well written rule in place and accessible to the public gives our contracted retailers the information they need to be able to participate successfully in the WIC program.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture establishes the federal regulations governing the WIC program.
Process for Developing New Rule: The WIC program plans to hold several meetings with groups such as the Washington Food Industry and the Retail Advisory Committee, as well as mass mailings to all contracted retailers, their owners, and the WIC clinics who issue the checks to WIC clients to solicit input. All proposed revisions will also have to be reviewed and approved by the USDA.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Susan Evans, WIC Program, P.O. Box 47886, Olympia, WA 98504-7886, voice (360) 236-3636, fax (360) 586-3890, e-mail susan.evans@doh.wa.gov.
June 17, 2001
M. C. Selecky
Secretary