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USDA/FNS RIN: 0584-AD77 Publication ID: Fall 2007 
Title: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages 
Abstract: This interim final rule implements the first comprehensive revisions to the WIC food packages since 1980. These revised food packages were developed to better reflect current nutrition science and dietary recommendations than do current food packages, within the parameters of current program costs. This interim final rule revises regulations governing the WIC food packages to align the WIC food packages with the Dietary Guidelines for Americans (DGA) (1) and current infant feeding practice guidelines of the American Academy of Pediatrics, better promote and support the establishment of successful long-term breastfeeding, provide WIC participants with a wider variety of food, and provide WIC State agencies with greater flexibility in prescribing food packages to accommodate participants with cultural food preferences. (05-006) 
Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 7 CFR 246   
Legal Authority: 42 USC 1786   
Legal Deadline:
Action Source Description Date
Final  Statutory    11/00/2006 

Overall Description of Deadline: CN and WIC Reauthorization Act of 2004 (Public Law 108-265) requires issuance of final rule within 18 months of release of IOM Report.

Statement of Need: As the population served by WIC has grown and become more diverse over the last 20 years, the nutritional risks faced by participants have changed, and though nutrition science has advanced, the WIC supplemental food packages have remained largely unchanged. A rule is needed to implement recommended changes to the WIC food packages based on the current nutritional needs of WIC participants and advances in nutrition science.

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 interim final rulemaking. A regulatory impact analysis will be published as an appendix to the interim final rulemaking.

Anticipated Costs and Benefits: The regulatory impact analysis for the proposed rule provides a reasonable estimate of the anticipated effects of the interim final rule. This analysis estimated that the provisions of the proposed rule would have a minimal impact on the costs of overall operations of the WIC Program over 5 years. The regulatory impact analysis was published as an appendix.

Risks: The proposed rule to revise regulations pertaining to the supplemental foods provided through the WIC Program was published in the Federal Register on August 7, 2006 (71 FR 44784), with a 90-day comment period. The regulatory impact analysis was published as an appendix. A total of 46,502 comment letters were received on the proposed rule. The interim final rule also provides a comment period. 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  08/07/2006  71 FR 44784   
NPRM Comment Period End  11/06/2006    
Interim Final Rule  12/00/2007    
Interim Final Rule Effective  02/00/2008    
Interim Final Rule Comment Period End  02/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.fns.usda.gov/wic   Public Comment URL: www.fns.usda.gov/wic  
RIN Data Printed in the FR: 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