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

Statement of Need: As the population served by WIC has grown and become more diverse over the past 20 years, the nutritional risks faced by participants have changed, and though nutrition science has advanced, the WIC supplemental food packages remained largely unchanged until FY 2010. This rule is needed to respond to comments and experience, and 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 Act of 1966, as amended, section 17; especially 17(b)(14) and 17(f)(11).

Alternatives: FNS developed a regulatory impact analysis that addressed a variety of alternatives that were considered in the interim final rulemaking. The regulatory impact analysis was published as an appendix to the interim rule.

Anticipated Costs and Benefits: The regulatory impact analysis for this rule provided a reasonable estimate of the anticipated effects of the rule. The regulatory impact analysis was published as an appendix to the interim rule.

Risks: This rule applies to WIC State agencies with respect to their selection of foods to be included on their food lists. Opportunities for training on and discussion of the revised WIC food packages will be offered to State agencies and other entities as necessary.