PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Chapter 246-790 WAC, Special supplemental nutrition program for women, infants and children (WIC). The USDA has released new federal regulations affecting the compliance part of the food delivery component of the WIC program and also the section regarding how program income must be used. The federal regulations spell out mandatory sanctions for specific violations, discusses what is and is not appealable under the new regulation, and changes the way money received by the program from civil money penalties or fines must be used. The state rule must be revised to comply with the new federal regulations.
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 federal regulations require the WIC program to impose sanctions for determined violations of program requirements. By state law, in order to be able to impose such sanctions, there must be a state rule in place. The intent is to make all consequences of violations well known and easily accessible to the retailers contracting with the department to accept WIC checks. By raising awareness, we would anticipate increased voluntary compliance.
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 program.
Process for Developing New Rule: The WIC program plans to hold several meetings with groups such as the Washington Food Dealers 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.
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 sme0303@doh.wa.gov.
June 11, 1999
M. C. Selecky
Secretary