Code of the District of Columbia

Subchapter V. Vendors participating in WIC.


§ 2–381.51. Definitions.

For the purposes of this subchapter, the term:

(1) "Department" means the Department of Health.

(2) "Small store" means a food establishment, including a grocery store and a corner store, with a footprint of less than 10,000 square feet of store space.

(3) "SNAP" means the District's Supplemental Nutrition Assistance Program, as established pursuant to the Food Stamp Act of 1964, approved August 31, 1964 (78 Stat. 703; 7 U.S.C. § 2011 et seq.).

(4) "Vendor" means an entity authorized by the Mayor to provide services to an individual receiving benefits pursuant to his or her enrollment in WIC.

(5) "WIC" means the District's Special Supplemental Nutrition Program for Women, Infants and Children, as established pursuant to section 17 of the Child Nutrition Act of 1966, approved September 26, 1972 (86 Stat. 729; 42 U.S.C. § 1786).


(Mar. 22, 2019, D.C. Law 22-255, § 2, 66 DCR 1339.)

Applicability

Applicability of D.C. Law 22-255: § 7163 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-255. Therefore the creation of this section by D.C. Law 22-255 has been implemented.

Applicability of D.C. Law 22-255: § 4 of D.C. Law 22-255 provided that the creation of this section by § 2 of D.C. Law 22-255 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7163 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7163 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


§ 2–381.52. Expanding access to WIC.

(a) Beginning January 1, 2019, the Mayor, in authorizing vendors to participate in WIC, shall not:

(1) Require vendors to maintain a minimum square footage of store space beyond that required by the U.S. Department of Agriculture;

(2) Require vendors to maintain a minimum number of cashiers beyond that required by the U.S. Department of Agriculture; or

(3) Prohibit vendors from selling organic products that are permitted by the U.S. Department of Agriculture.

(b) Within one year after October 1, 2019, the Mayor, or a contractor selected by the Mayor, shall submit a report to the Council that includes:

(1) An assessment of the use of WIC funds from Fiscal Year 2013 through Fiscal Year 2018, including a notation as to whether the District returned federal funds for WIC and whether the District applied for supplemental federal funds for WIC during that time; and

(2) A plan to increase the number of small stores serving as vendors, including an identification of small store technical assistance requirements, outreach strategies, and any legislative or regulatory barriers preventing small stores from becoming vendors.

(c) The Department, in coordination with the Department of Health Care Finance and the Department of Human Services, shall identify children between birth and 5 years of age who are enrolled in either Medicaid or SNAP, but not WIC, and provide guidance to the parents or caregivers of such children regarding the WIC application process.

(d) The Department of Health shall provide technical assistance to small stores to assist them in meeting the District's requirements for registration as vendors.

(e) Within one year after October 1, 2019, and on an annual basis thereafter, the Department shall host 4 community meetings open to the public to receive input on strategies to increase participation in WIC and improve the experience of individuals enrolled in WIC. The Department shall notify the public about each meeting on its website at least one month before the meeting is held.


(Mar. 22, 2019, D.C. Law 22-255, § 3, 66 DCR 1339.)

Applicability

Applicability of D.C. Law 22-255: § 7163 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-255. Therefore the creation of this section by D.C. Law 22-255 has been implemented.

Applicability of D.C. Law 22-255: § 4 of D.C. Law 22-255 provided that the creation of this section by § 3 of D.C. Law 22-255 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7163 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7163 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

Temporary Legislation

For temporary (225 days) creation of § 2-391, see § 515 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).