3701-42-05 Authorized supplemental foods; required minimum foods.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Health

Agency Name

 

Winston M. Ford

Division                                                                  Contact

 

246 North High St. Columbus OH 43215-0000            614-466-4882        614-728-7813

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

 

 

3701-42-05

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Authorized supplemental foods; required minimum foods.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3701.132

5.  Statute(s) the rule, as filed, amplifies or implements: 3701.132

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Federal regulations governing the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) have been amended to add fruits, vegetables, whole grains, and infant foods to the food packages. The federal regulations require states to come into compliance with the new requirements by October 1, 2009.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule provides the minimum required foods WIC vendors must maintain at all

times. Foods added to the minimum stocking requirements are: one type of whole grain bread, brown rice, oatmeal in a canister, or corn or whole wheat tortilla; two types of fruits; two types of vegetables; two types of infant fruits; one type of infant meat; and two types of infant vegetables. Minimum requirements eliminated are: one type of infant juice and two tyes of cheese, and the minimum requirement for juice has been reduced.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule references a section of the Ohio Administrative Code. ODH believes the citation is intelligible to persons who reasonably can be expected to be affected by the rule.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

According to Section 121.75, sections 121.71 to 121.74 of the Revised Code do not apply with regard to the incorporation by reference into a rule of any of state regulation so long as the incorporation by reference consists of a citation that will be intelligible to the persons who reasonably can be expected to be affected by the rule and that, if the incorporated text or other material was, is, or reasonably can be expected to be subject to change, identifies, and specifies the date of, the particular edition or other version that is incorporated.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

With the approval of the Public Health Council, ODH proposes to amend paragraph (B)(1) of this rule to read "One type of infant formula," instead of "Two types of infant formula."

12. 119.032 Rule Review Date: 2/20/2009

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will increase expenditures.

$191,460.

The cost of the rule is based on the increase in the percentage of time to be spent by the Vendor Specialist Unit in conducting site visits to ensure compliance over the biennium. Currently, the Vendor Specialists spend approximately 20% of their time conducting site visits. ODH estimates that this change will increase to site visit time to 35%; therefore, the above dollar amout is based on a 15% increase. ODH does not anticipate that additional funding will be needed to meet the requirements of this rule. The change in requirements will not be effective until October 1, 2009; therefore, the cost is calculated from that date for two years.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

440604

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Because he new WIC food items are currently stocked by most grocery stores, ODH does not foresee additional costs to the vendors.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No