Section 123322 Of Article 2. Women, Infants, And Children’s Nutrition From California Health And Safety Code >> Division 106. >> Part 2. >> Chapter 1. >> Article 2.
123322
. (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) Peer groups and a corresponding reimbursement system.
(2) Criteria used for vendor authorization.
(3) The WIC Program authorized foods.
(b) Notwithstanding any other provisions of law, including the
requirement in Section 123315 for enacting regulations to implement
that section and Section 123310, the department may, without taking
regulatory action pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
implement, interpret, or make specific this section by means of an
action by bulletin or similar instruction. 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 Web site. 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 Web site or notification by
electronic means. Unless the department withdraws the action, it
shall publish the final action on its Internet Web site no later than
120 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 120 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) The department shall establish a process to collect
stakeholder feedback regarding the impact of the final action and any
policy adjustments that should be considered postimplementation.