Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages, 48845-48846 [E9-22590]

Download as PDF 48845 Rules and Regulations Federal Register Vol. 74, No. 185 Friday, September 25, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 246 RIN 0584–AD77 Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages AGENCY: Food and Nutrition Service (FNS), USDA. ACTION: Final rule; technical correction. SUMMARY: This document corrects a typographical error published in an interim final rule concerning maximum monthly allowances of supplemental foods for infants in food (packages I, II, and III) published in the Federal Register on December 6, 2007. A table contained a typographical error; this document corrects that error. All other information remains unchanged. DATES: Effective Date: This correction is effective September 25, 2009. FOR FURTHER INFORMATION CONTACT: Debra R. Whitford, Chief, Policy and Program Development Branch, Supplemental Food Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 528, Alexandria, VA 22302, (703) 305–2746; Debbie.Whitford@fns.usda.gov. SUPPLEMENTARY INFORMATION: Correction Interim rule document ‘‘Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages’’ published on December 6, 2007, at 72 FR 68966, § 246.10, ‘‘Table 1.— Maximum Monthly Allowances of Supplemental Foods For Infants in Food Packages I, II, and III’’, contained a typographical error in the heading of the 5th column. As a result, the January 2009 revision of the CFR contained the incorrect column heading. This document ensures the correct heading will appear in the January 2010 edition of the CFR. For reasons of convenience and context, we are presenting table 1 revised in its entirety, though the only change is the above-mentioned typographical error. List of Subject in 7 CFR Part 246 Administrative practice and procedure, Civil rights, Food assistance programs, Grant programs—health, Grant programs—social programs, Infants and children, Maternal and child health, Nutrition. For reasons set forth in the preamble, the Food and Nutrition Service correctly amends 7 CFR part 246 as follows: ■ PART 246—SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN 1. The authority citation for part 246 continues to read as follows: ■ Authority: 42 U.S.C. 1786. 2. In § 246.10, revise table 1 to read as follows: ■ § 246.10 * * Supplemental foods. * * * TABLE 1—MAXIMUM MONTHLY ALLOWANCES OF SUPPLEMENTAL FOODS FOR INFANTS IN FOOD PACKAGES I, II AND III Fully formula fed (FF) Food packages I-FF & III–FF A: 0 through 3 months B: 4 through 5 months Foods 1 Partially breastfed (BF/FF) Food packages II–FF & III–FF 6 through 11 months CPrice-Sewell on DSKGBLS3C1PROD with RULES WIC Formula 4 5 6 7 .. A: 806 fl oz reconstituted liquid concentrate or 832 fl. oz. RTF or 870 fl oz reconstituted powder. B: 884 fl oz reconstituted liquid concentrate or 896 fl. oz. RTF or 960 fl oz reconstituted powder. 624 fl. oz. reconstituted liquid concentrate or 640 fl. oz. RTF or 696 fl oz reconstituted powder. Infant cereal 8 ......... Infant food fruits and vegetables 8 9 10. ............................... ............................... 24 oz ..................... 128 oz ................... VerDate Nov<24>2008 14:49 Sep 24, 2009 Jkt 217001 PO 00000 Frm 00001 Food packages I-BF/FF & III BF/FF A: 0 to 1 month 2 B: 1 through 3 months 2 C: 4 through 5 months A: 104 fl oz reconstituted powder 3. B: 364 fl oz reconstituted liquid concentrate or 384 fl oz RTF or 435 fl oz reconstituted powder. C: 442 fl. oz. reconstituted liquid concentrate or 448 fl. oz. RTF or 522 fl oz reconstituted powder. ............................... ............................... Fmt 4700 Sfmt 4700 Fully breastfed (BF) Food packages IIBF/FF & III BF/FF 6 through 11 months Food package I–BF 0 through 5 months Food package II–BF 6 through 11 months 312 fl. oz. reconstituted liquid concentrate or 320 fl. oz. RTF or 384 fl oz reconstituted powder. 24 oz ..................... 128 oz ................... E:\FR\FM\25SER1.SGM ........................... ........................... 25SER1 24 oz. 256 oz. 48846 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations TABLE 1—MAXIMUM MONTHLY ALLOWANCES OF SUPPLEMENTAL FOODS FOR INFANTS IN FOOD PACKAGES I, II AND III— Continued Fully formula fed (FF) Partially breastfed (BF/FF) Fully breastfed (BF) Food packages I-FF & III–FF A: 0 through 3 months B: 4 through 5 months Foods 1 Infant food meat 8 10 Food packages II–FF & III–FF 6 through 11 months Food packages I-BF/FF & III BF/FF A: 0 to 1 month 2 B: 1 through 3 months 2 C: 4 through 5 months Food packages IIBF/FF & III BF/FF 6 through 11 months Food package I–BF 0 through 5 months ............................... ............................... ............................... ............................... ........................... Food package II–BF 6 through 11 months 77.5 oz. Table 1 Footnotes: (Abbreviations in order of appearance in table): FF = fully formula fed; BF/FF = partially breastfed (i.e., the infant is breastfed but also receives formula from the WIC Program); BF = fully breastfed (i.e., the infant receives no formula through the WIC program). 1 Table 4 describes the minimum requirements and specifications for the supplemental foods. 2 The powder form is the form recommended for partially breastfed infants ages 0 through 3 months in Food Package I. 3 Liquid concentrate and ready-to-feed (RTF) may be substituted at rates that provide comparable nutritive value. 4 WIC formula means infant formula, exempt infant formula, or WIC-eligible medical food. Only infant formula may be issued for infants in Food Packages I and II. Exempt infant formula may only be issued for infants in Food Package III. 5 The maximum monthly allowance is specified in reconstituted fluid ounces for liquid concentrate, RTF liquid, and powder forms of infant formula and exempt infant formula. Reconstituted fluid ounce is the form prepared for consumption as directed on the container. 6 If powder infant formula is provided, State agencies must provide at least the number of reconstituted fluid ounces as the maximum allowance for the liquid concentrate form of the same product in the same Food Package up to the maximum monthly allowance for powder. State agencies must issue whole containers that are all the same size. 7 State agencies may round up and disperse whole containers of infant formula over the food package timeframe to allow participants to receive the full authorized nutritional benefit (FNB). State agencies must use the methodology described in accordance with paragraph (h)(1) of this section. 8 State agencies may round up and disperse whole containers of infant foods (infant cereal, fruits and vegetables, and meat) over the Food Package timeframe. State agencies must use the methodology described in accordance with paragraph (h)(2) of this section. 9 Fresh banana may replace up to 16 ounces of infant food fruit at a rate of 1 pound of bananas per 8 ounces of infant food fruit. 10 In lieu of infant foods (cereal, fruit and vegetables, and meat), infants greater than 6 months of age in Food Package III may receive exempt infant formula or WIC-eligible medical foods at the same maximum monthly allowance as infants ages 4 through 5 months of age of the same feeding option. * * * * * Dated: August 25, 2009. Julia Paradis, Administrator, Food and Nutrition Service. [FR Doc. E9–22590 Filed 9–24–09; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 916 and 917 [Doc. No. AMS–FV–09–0013; FV09–916/917– 2 IFR] Nectarines and Peaches Grown in California; Decreased Assessment Rates CPrice-Sewell on DSKGBLS3C1PROD with RULES AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim final rule as final rule. SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that decreased the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (Committees) for the 2009–10 and subsequent fiscal periods. The Nectarine Administrative Committee (NAC) program decreased its assessment rate from $0.06 to $0.0175 per 25-pound VerDate Nov<24>2008 14:49 Sep 24, 2009 Jkt 217001 container or container equivalent of nectarines handled. The Peach Commodity Committee (PCC) program decreased its assessment rate from $0.06 to $0.0025 per 25-pound container or container equivalent of peaches handled. The Committees locally administer the marketing orders for nectarines and peaches grown in California (order). The interim final rule was necessary to align the Committees’ expected revenue with decreases in its proposed budget for the 2009–10 fiscal period, which began March 1, 2009. DATES: Effective Date: Effective September 26, 2009. FOR FURTHER INFORMATION CONTACT: Jennifer Robinson, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone: (559) 487– 5901, Fax: (559) 487–5906; or E-mail: Jen.Robinson@ams.usda.gov or Kurt.Kimmel@ams.usda.gov. Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: https://www.ams.usda.gov/ AMSv1.0/ams.fetchTemplateData.do? template=TemplateN&page=Marketing OrdersSmallBusinessGuide; or by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720–2491, fax: (202) 720–8938, or e-mail: Jay.Guerber@ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order Nos. 916 and 917, both as amended (7 CFR parts 916 and 917), regulating the handling of nectarines and peaches grown in California, respectively, hereinafter referred to as the ‘‘orders.’’ The orders are effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ USDA is issuing this rule in conformance with Executive Order 12866. Under the orders, California nectarine and peach handlers are subject to assessments, which provide funds to administer the orders. Assessment rates issued under the orders are intended to be the applicable to all assessable nectarines and peaches for the entire fiscal period, and continue indefinitely until amended, suspended, or terminated. The Committee’s fiscal period begins on March 1, and ends on the last day of February. In an interim final rule published in the Federal Register on June 18, 2009, and effective on June 19, 2009 (74 FR 28869, Doc. No. AMS–FV–09–0013; FV09–916/917–2 IFR), §§ 916.234 and E:\FR\FM\25SER1.SGM 25SER1

Agencies

[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 48845-48846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22590]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / 
Rules and Regulations

[[Page 48845]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 246

RIN 0584-AD77


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Revisions in the WIC Food Packages

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects a typographical error published in an 
interim final rule concerning maximum monthly allowances of 
supplemental foods for infants in food (packages I, II, and III) 
published in the Federal Register on December 6, 2007. A table 
contained a typographical error; this document corrects that error. All 
other information remains unchanged.

DATES: Effective Date: This correction is effective September 25, 2009.

FOR FURTHER INFORMATION CONTACT: Debra R. Whitford, Chief, Policy and 
Program Development Branch, Supplemental Food Programs Division, Food 
and Nutrition Service, USDA, 3101 Park Center Drive, Room 528, 
Alexandria, VA 22302, (703) 305-2746; Debbie.Whitford@fns.usda.gov.

SUPPLEMENTARY INFORMATION: 

Correction

    Interim rule document ``Special Supplemental Nutrition Program for 
Women, Infants and Children (WIC): Revisions in the WIC Food Packages'' 
published on December 6, 2007, at 72 FR 68966, Sec.  246.10, ``Table 
1.--Maximum Monthly Allowances of Supplemental Foods For Infants in 
Food Packages I, II, and III'', contained a typographical error in the 
heading of the 5th column. As a result, the January 2009 revision of 
the CFR contained the incorrect column heading. This document ensures 
the correct heading will appear in the January 2010 edition of the CFR. 
For reasons of convenience and context, we are presenting table 1 
revised in its entirety, though the only change is the above-mentioned 
typographical error.

List of Subject in 7 CFR Part 246

    Administrative practice and procedure, Civil rights, Food 
assistance programs, Grant programs--health, Grant programs--social 
programs, Infants and children, Maternal and child health, Nutrition.

0
For reasons set forth in the preamble, the Food and Nutrition Service 
correctly amends 7 CFR part 246 as follows:

PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS 
AND CHILDREN

0
1. The authority citation for part 246 continues to read as follows:

    Authority: 42 U.S.C. 1786.


0
2. In Sec.  246.10, revise table 1 to read as follows:


Sec.  246.10  Supplemental foods.

* * * * *

                          Table 1--Maximum Monthly Allowances of Supplemental Foods for Infants in Food Packages I, II and III
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Fully formula fed (FF)              Partially breastfed (BF/FF)                  Fully breastfed (BF)
                               -------------------------------------------------------------------------------------------------------------------------
                                                                        Food packages
                                  Food packages                         I[dash]BF/FF &
            Foods 1              I[dash]FF & III-  Food packages II-   III BF/FF  A: 0     Food packages
                                 FF  A: 0 through    FF & III-FF  6    to 1 month 2  B:   II[dash] BF/FF &   Food package I-BF  0  Food package II-BF  6
                                  3 months  B: 4   through 11 months     1 through 3        III BF/FF  6       through 5 months      through 11 months
                                 through 5 months                       months 2  C: 4   through 11 months
                                                                       through 5 months
--------------------------------------------------------------------------------------------------------------------------------------------------------
WIC Formula 4 5 6 7...........  A: 806 fl oz       624 fl. oz.        A: 104 fl oz       312 fl. oz.
                                 reconstituted      reconstituted      reconstituted      reconstituted
                                 liquid             liquid             powder 3.          liquid
                                 concentrate or     concentrate or    B: 364 fl oz        concentrate or
                                 832 fl. oz. RTF    640 fl. oz. RTF    reconstituted      320 fl. oz. RTF
                                 or 870 fl oz       or                 liquid             or
                                 reconstituted     696 fl oz           concentrate or    384 fl oz
                                 powder.            reconstituted      384 fl oz RTF or   reconstituted
                                B: 884 fl oz        powder.            435 fl oz          powder.
                                 reconstituted                         reconstituted
                                 liquid                                powder.
                                 concentrate or                       C: 442 fl. oz.
                                 896 fl. oz. RTF                       reconstituted
                                 or 960 fl oz                          liquid
                                 reconstituted                         concentrate or
                                 powder.                               448 fl. oz. RTF
                                                                       or 522 fl oz
                                                                       reconstituted
                                                                       powder.
Infant cereal 8...............  .................  24 oz............  .................  24 oz............  .....................  24 oz.
Infant food fruits and          .................  128 oz...........  .................  128 oz...........  .....................  256 oz.
 vegetables 8 9 10.

[[Page 48846]]

 
Infant food meat 8 10.........  .................  .................  .................  .................  .....................  77.5 oz.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1 Footnotes: (Abbreviations in order of appearance in table): FF = fully formula fed; BF/FF = partially breastfed (i.e., the infant is breastfed
  but also receives formula from the WIC Program); BF = fully breastfed (i.e., the infant receives no formula through the WIC program).
\1\ Table 4 describes the minimum requirements and specifications for the supplemental foods.
\2\ The powder form is the form recommended for partially breastfed infants ages 0 through 3 months in Food Package I.
\3\ Liquid concentrate and ready-to-feed (RTF) may be substituted at rates that provide comparable nutritive value.
\4\ WIC formula means infant formula, exempt infant formula, or WIC-eligible medical food. Only infant formula may be issued for infants in Food
  Packages I and II. Exempt infant formula may only be issued for infants in Food Package III.
\5\ The maximum monthly allowance is specified in reconstituted fluid ounces for liquid concentrate, RTF liquid, and powder forms of infant formula and
  exempt infant formula. Reconstituted fluid ounce is the form prepared for consumption as directed on the container.
\6\ If powder infant formula is provided, State agencies must provide at least the number of reconstituted fluid ounces as the maximum allowance for the
  liquid concentrate form of the same product in the same Food Package up to the maximum monthly allowance for powder. State agencies must issue whole
  containers that are all the same size.
\7\ State agencies may round up and disperse whole containers of infant formula over the food package timeframe to allow participants to receive the
  full authorized nutritional benefit (FNB). State agencies must use the methodology described in accordance with paragraph (h)(1) of this section.
\8\ State agencies may round up and disperse whole containers of infant foods (infant cereal, fruits and vegetables, and meat) over the Food Package
  timeframe. State agencies must use the methodology described in accordance with paragraph (h)(2) of this section.
\9\ Fresh banana may replace up to 16 ounces of infant food fruit at a rate of 1 pound of bananas per 8 ounces of infant food fruit.
\10\ In lieu of infant foods (cereal, fruit and vegetables, and meat), infants greater than 6 months of age in Food Package III may receive exempt
  infant formula or WIC-eligible medical foods at the same maximum monthly allowance as infants ages 4 through 5 months of age of the same feeding
  option.

* * * * *

    Dated: August 25, 2009.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. E9-22590 Filed 9-24-09; 8:45 am]
BILLING CODE 3410-30-P
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