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USDA/FNS

RIN: 0584-AD47

Publication ID: Spring 2006

Title: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Discretionary WIC Vendor Provisions in the Child Nutrition and WIC Reauthorization Act of 2004, Public Law 108-265
Abstract: This rule proposes to amend regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004, Public Law 108-265, concerning retail vendors authorized by WIC State agencies to provide supplemental food to WIC participants in exchange for WIC food instruments. This rulemaking would require WIC State agencies to notify WIC-authorized retail vendors of an initial violation, for violations requiring a pattern of occurrences in order to impose a sanction, before documenting a subsequent violation unless notification would compromise an investigation. In addition, State agencies would maintain a list of State-licensed wholesalers, distributors, and retailers, and manufacturers registered with the Food and Drug Administration, and would require WIC-authorized retail vendors to purchase infant formula only from sources on the list. Further, State agencies would prohibit the authorization of or payments to WIC-authorized vendors that derive more than 50 percent of their annual food sales revenue ("above-50-percent vendors") and which provide incentive items or other free merchandise except food or merchandise of nominal value to program participant customers unless the vendor provides the State agency with proof that the vendor obtained the incentive items or merchandise at no cost. The intent of these provisions is to, respectively, enhance due process for vendors; prevent defective infant formula from being consumed by infant WIC participants; and, prevent increased WIC food costs caused by above-50-percent vendors who provide incentive items to participants which ultimately are derived from the proceeds of WIC purchases. (04-007)
Agency: Department of Agriculture(USDA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 7 CFR 246
Legal Authority: 42 USC 1786

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		12/00/2004

Timetable:

Action	Date	FR Cite
NPRM	07/00/2006
NPRM Comment Period End	10/00/2006
Final Action	10/00/2007
Final Action Effective	11/00/2007

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: No
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