Cal. HSC § 123322 — California Code / Code hsc / Division 106 / Part 2 / Chapter 1 / Article 2 / Section 123322
Section 123322
Status: in_force

(a) In order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, and remain in compliance with the conditions of federal funding, the department shall establish requirements for all of the following:

(1) Retail food delivery systems, as set forth in Section 246.12 of Title 7 of the Code of Federal Regulations, including, but not limited to, all of the following:

(A) Peer groups and a corresponding reimbursement system.

(B) Criteria used for vendor authorization and management.

(C) Online shopping.

(2) The WIC Program authorized foods.

(b) Notwithstanding any other law, including the requirement in Section 123315 for enacting regulations to implement that section, Section 123310, and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, in whole or in part, by means of all-county letters, plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action. The department shall provide notice to, and consult with, affected stakeholders, including vendors, manufacturers, local agencies, participants, advocates, consumer groups, and their respective associations, in the process of implementing, interpreting, or making specific this statute, and meet all of the following requirements:

(1) The notice shall be provided electronically to the stakeholders identified in this subdivision and shall also be posted on the program’s internet website. The notice shall state the reason for the change, the authority for the change, and the nature of the change. The notice shall provide opportunity for written comment by indicating the address to which to send the comment. The address may be an electronic site. The notice shall allow for at least 20 calendar days for comments to be submitted. The notice shall also provide the date of a consultation meeting with a stakeholder workgroup consisting of, but not limited to, representatives of stakeholder associations, stakeholder representatives, and consumer groups, to ensure stakeholder participation in the implementation of this section.

(2) The department shall consider all comments submitted before the due date, though it may withdraw the proposed action at any time by notification on its internet website or notification by electronic means. Unless the department withdraws the action, it shall publish the final action on its internet website no later than 180 days after the consultation with stakeholders or the last day for comments, whichever is later. If the department fails to issue a final action within 180 days from the consultation with stakeholders or the last day for comments, whichever is later, the proposed action will be deemed withdrawn. The department may finalize a proposed action that has been withdrawn by renoticing the proposed action for comment pursuant to paragraphs (1) to (3), inclusive.

(3) The department shall provide at least 30 days’ advance notice of the final action. In the final action, the department shall respond to the comments received.

(4) WIC authorized vendors approved for online shopping shall maintain a fixed physical location in California.

(5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may modify or repeal WIC Program requirements set forth in Title 22 of the California Code of Regulations pursuant to this section by bulletin or similar instruction, without taking further regulatory action, if the modification or repeal is filed with the Secretary of State and printed in Title 22 of the California Code of Regulations.

(6) (A) The department shall establish a process to collect stakeholder feedback regarding the impact of the final action taken pursuant to the amendments to this section resulting from the Budget Act of 2024 or related trailer bill.

(B) To the extent feasible within existing resources, the department shall regularly monitor the impact that online purchases made through the WIC Program have on reducing barriers to healthy food for people who live in food deserts as well as the impact that online WIC purchases have on increasing the size of food deserts or the number of food deserts in California.