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USDA/FNS RIN: 0584-AD77 Publication ID: Fall 2005 
Title: ●Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages 
Abstract: This proposed rule would revise regulations governing the WIC food packages to change age specifications for assignment to infant feeding packages; establish infant formula feeding or breastfeeding categories for infants; revise the maximum monthly allowances and minimum requirements for certain WIC foods; revise the substitution rates for certain WIC foods and allow additional foods as alternatives; add fruits and vegetables for WIC participants 6 months of age and older and eliminate juice from infants food package; add whole grains to food packages for children and women and baby food meat for fully breastfed infants 6 through 11 months of age; revise the purpose, content, and requirements for Food Package III; and address general provisions that apply to all food packages. The revisions reflect recommendations made by the Institute of Medicine in its report, WIC Food Packages: Time for a Change, and certain other administrative revisions deemed necessary by the Department. These revisions would bring the WIC food packages in line with the 2005 Dietary Guidelines for Americans and current infant feeding practice guidelines, better promote and support the establishment of successful long-term breastfeeding, provide WIC participants with a wider variety of food, provide WIC State agencies with greater flexibility in prescribing food packages to accommodate participants with cultural food preferences, and serve all participants with certain medical provisions under one food package to facilitate efficient management of medically fragile participants. (05-006) 
Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 7 CFR part 246     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 1786   
Legal Deadline:
Action Source Description Date
Final  Statutory  CN and WIC Reauthorization Act of 2004 requires issuance of final rule within 18 months of release of IOM Report  11/00/2006 

Statement of Need: The revisions proposed in this rulemaking reflect recommendations made by the Institute of Medicine (IOM) in its report, WIC Food Packages: Time for a Change, and certain administrative revisions deemed necessary by the Department. The Child Nutrition and WIC Reauthorization Act of 2004, enacted on June 30, 2004, requires the Department to issue a final rule within 18 months (November 2006) of receiving the IOM's report.

Summary of the Legal Basis: The Child Nutrition and WIC Reauthorization Act of 2004, enacted on June 30, 2004, requires the Department to issue a final rule within 18 months of receiving the Institute of Medicine's report on revisions to the WIC food packages. This report was published and released to the public on April 27, 2005.

Alternatives: FNS is in the process of developing a regulatory impact analysis that will address a variety of alternatives that are considered in the proposed rulemaking.

Anticipated Costs and Benefits: The IOM was charged by FNS to develop recommendations that were cost-neutral. The regulatory impact analysis will provide a more detailed summary of specific costs/benefits associated with the proposed revisions to the WIC Food Packages.

Risks: The proposed rule has a 90-day comment period, during which interested parties may submit comments on any and all provisions contained in the rulemaking. Once the comment period has expired, all comments received will be carefully considered in the development of the final rule. Opportunities for training on and discussion of the revised WIC food packages will be offered to State agencies and other entities as necessary.

Timetable:
Action Date FR Cite
NPRM  01/00/2006    
NPRM Comment Period End  04/00/2006    
Interim Final Rule  11/00/2006    
Interim Final Rule Effective  11/00/2006    
Interim Final Rule Comment Period End  05/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.fns.usda.gov/wic   Public Comment URL: www.fns.usda.gov/wic  
Agency Contact:
Sharon Ackerman
Agency Regulatory Officer
Department of Agriculture
Food and Nutrition Service
Room 918, 3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2246
Email: sheri.ackerman@fns.usda.gov