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USDA/FNS

RIN: 0584-AD73

Publication ID: Spring 2006

Title: WIC: Implementation of the Nondiscretionary WIC Certification and General Administration Provisions
Abstract: This final 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 -- Allows State agencies to round up to the next whole can of infant formula as part of the prescribed food package -- 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 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: None

Timetable:

Action	Date	FR Cite
Final Action	09/00/2006
Final Action Effective	10/00/2006

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
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