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USDA/FNS | RIN: 0584-AD73 | Publication ID: Fall 2008 |
Title: WIC: Implementation of the Nondiscretionary WIC Certification and General Administration Provisions | |
Abstract: This interim rule implements the nondiscretionary WIC provisions in the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265). It contains provisions that address the following aspects of WIC Program administration and operation: 1. Expansion of definitions of nutrition education and supplemental foods 2. Infant formula rebate contracts -- Adds new definitions (State alliance and primary contract infant formula) -- Limits the size of State alliances -- Requires State agencies to use primary contract infant formula as the first choice of issuance -- Requires uncoupling of bids for milk- and soy-based infant formula in certain rebate solicitations -- Requires that bid solicitations require manufacturers to make a cent-for-cent increase or decrease in rebate amounts to match changes in national wholesale prices occurring subsequent to the bid opening -- Requires a State agency to have a system to ensure that rebate invoices provide a reasonable estimate or actual count of the number of units sold in the program 3. Program eligibility -- Provides additional exceptions to the physical presence requirement -- Excludes from consideration as income certain payments (Federal Supplemental Subsistence Allowance (FSSA) and National Flood Insurance) 4. Food delivery systems -- Requires State agencies to allow participants to receive supplemental foods from any of the authorized stores under retail food delivery systems -- Requires the State plan to include a description of the State agencys procedures for accepting and processing vendor applications outside the established timeframes -- Prohibits a State agency from imposing the cost of electronic benefit transfer equipment, systems, or processing on retail vendors 5. Funding and financial management -- Increases State agency carry-forward authority for nutrition services and administration funds from 1 percent to 3 percent -- Allows State agencies to use funds recovered through local agency claims in the same way that it uses funds recovered from vendors and participants. (04-006) | |
Agency: Department of Agriculture(USDA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 7 CFR 246 | |
Legal Authority: 42 USC 1786 |
Legal Deadline:
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Overall Description of Deadline: Public Law 108-265 stipulates that the provisions addressing infant formula rebate contracts (see #2, below) be implemented through regulation not less than 2 years after enactment. |
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Timetable:
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Additional Information: This rule was initially assigned RIN 0584-AD49 and was withdrawn from the fall 2004 Unified Agenda and Plan on September 14, 2004. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
Small Entities Affected: Businesses, Governmental Jurisdictions | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.fns.usda.gov/wic | |
RIN Data Printed in the FR: No | |
Agency Contact: James F Herbert Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2572 Email: james.herbert@fns.usda.gov |