Food and Nutrition Service 2009 – Federal Register Recent Federal Regulation Documents
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Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Revisions in the WIC Food Packages Rule To Increase Cash Value Vouchers for Women
This rule increases the amount of cash value vouchers from $8.00 to $10.00 issued to pregnant, postpartum and partially breastfeeding women participants for the purchase of fruits and vegetables as part of the WIC food packages. In the ``WIC Food Package'' interim rule published December 6, 2007, the Department was not able to provide all women participants fruit and vegetable cash value vouchers at the level recommended by the National Academies' Institute of Medicine (IOM). To be cost neutral, only fully breastfeeding women were provided the IOM recommended amount of $10.00 per month fruit and vegetable cash value vouchers; all other women participants were provided $8.00 per month fruit and vegetable cash value vouchers. This rule amends the interim rule to provide all Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) women participants with $10.00 per month fruit and vegetable cash value vouchers, consistent with IOM's recommendations. The Fiscal Year 2010 Agriculture Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act (Pub. L. 111-80), enacted on October 21, 2009, provides the funding for this increase.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment; Approval of Information Collection Request
The final rule entitled Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment was published on October 8, 2009. The Office of Management and Budget cleared the associated information collection requirements (ICR) on November 2, 2009. This document announces approval of the ICR.
School Food Safety Program Based on Hazard Analysis and Critical Control Point Principles
This final rule implements a legislative provision which requires school food authorities participating in the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) to develop a school food safety program for the preparation and service of school meals served to children. The school food safety program must be based on the hazard analysis and critical control point (HACCP) system established by the Secretary of Agriculture. The food safety program will enable schools to take systematic action to prevent or minimize the risk of foodborne illness among children participating in the NSLP and SBP.
Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2010
This notice announces the surplus and purchased foods that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2010. The foods made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies for use in preparing meals and/or for distribution to households for home consumption.
The Emergency Food Assistance Program: Amendments to Requirements Regarding the Submission of State Plans and Allowability of Certain Administrative Costs
This final rule amends regulations for The Emergency Food Assistance Program (TEFAP) by making State plans permanent, which is intended to reduce the administrative burden on States; and by explicitly designating the processing of donated wild game as an allowable use of TEFAP administrative funds, which is intended to increase the amount and variety of protein-rich foods available to program participants. These changes are required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill).
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program: State Issuance and Participation Estimates-Form FNS-388
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment a summary of a proposed information collection. The proposed collection is a revision of a collection currently approved under OMB No. 0584- 0081 for the Supplemental Nutrition Assistance Program (SNAP) (formerly the Food Stamp Program) for the form FNS-388, State Issuance and Participation Estimates.
Agency Information Collection Activities: Proposed Collection; Comment Request-Senior Farmers' Market Nutrition Program (SFMNP)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a revision of a currently approved collection for the Senior Farmers' Market Nutrition Program (SFMNP).
Agency Information Collection Activities: Proposed Collection; Comment Request-Performance Reporting System, Management Evaluation
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection which concerns the Performance Reporting System for the Supplemental Nutrition Assistance Program. This collection is a revision of a currently approved collection under OMB No. 0584-0010 which is due to expire March 31, 2010.
Agency Information Collection Activities: Proposed Collection; Comment Request Generic Clearance To Conduct Formative Research
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other interested parties to comment on a proposed information collection. This collection is an extension, without change, of a currently approved collection. This information collection will conduct research in support of FNS' goal of delivering science-based nutrition education to targeted audiences. From development through testing of materials and tools with the target audience, FNS plans to conduct data collections that involve formative research including focus groups, interviews (dyad, triad, telephone, etc.), surveys and Web-based collection tools.
Agency Information Collection Activities: Proposed Collection: Comment Request: Supplemental Nutrition Assistance Program (SNAP) Education and Administrative Reporting System (EARS)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection. The proposed collection is an extension, without change, of a currently approved collection.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment
This final rule adopts, with changes, an interim rule published on November 29, 2005 amending the WIC regulations. The final rule incorporates into program regulations new legislative requirements for vendor cost containment that affect the selection, authorization, and reimbursement of retail vendors. These requirements are contained in the Child Nutrition and WIC Reauthorization Act of 2004, enacted on June 30, 2004. The final rule reflects the statutory provisions that require State agencies to implement a vendor peer group system, competitive price criteria, and allowable reimbursement levels in a manner that ensures the WIC Program pays authorized vendors competitive prices for supplemental foods. It also requires State agencies to ensure vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments (``above-50-percent vendors'') do not cause higher food costs for the program than do other vendors (``regular vendors''). The intent of these provisions is to maximize the number of eligible women, infants, and children served with available Federal funding.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages
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.
Agency Information Collection Activities: Proposed Collection; Comment Request-Performance Standards and Reporting for Supplemental Nutrition Assistance Program Modernization Initiatives
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for Performance Standards and Reporting for the Supplemental Nutrition Assistance Program (SNAP) Modernization Initiatives.
Agency Information Collection Activities: Proposed Collection; Comment Request-Forms FNS-806-A, Claim for Reimbursement (National School Lunch and School Breakfast Programs), and FNS-806-B, Claim for Reimbursement (Special Milk Program for Children)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collections. The Food and Nutrition Service (FNS) uses the Claims for Reimbursement, FNS-806-A and FNS-806-B, to collect data to determine the amount of reimbursement school food authorities participating in the National School Lunch Program (NSLP), OMB Number 0584-0006 Expiration May 31, 2012, School Breakfast Program (SBP), OMB Number 0584-0012 Expiration May 31, 2012, and Special Milk Program for Children (SMP), OMB Number 0584-0005 Expiration May 31, 2012 are eligible to receive.
Senior Farmers' Market Nutrition Program Regulations, Nondiscretionary Provisions of Public Law 110-246, the Food, Conservation, and Energy Act of 2008
This final rule incorporates into the Senior Farmers' Market Nutrition Program regulations, statutory provisions set forth in Section 4231 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, also known as the Farm Bill of 2008). The three provisions include adding honey as an eligible food for purchase with Senior Farmers' Market Nutrition Program (SFMNP) benefits, prohibiting the value of SFMNP benefits from consideration as income or resources when determining eligibility for other programs under any Federal, State or local law, and prohibiting the collection of State or local tax on a purchase of food with a benefit distributed under the SFMNP.
WIC Farmers' Market Nutrition Program (FMNP): Nondiscretionary Provisions of Public Law 108-265, the Child Nutrition and WIC Reauthorization Act of 2004
This is an affirmation by the Department of an interim rule as a final rule, without change amending the WIC Farmers' Market Nutrition Program (FMNP) regulations to codify three FMNP nondiscretionary provisions mandated in the Child Nutrition and WIC Reauthorization Act of 2004. The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of State matching funds, and an increase in the maximum Federal benefit level. These changes are intended to increase State agency flexibility in managing the Program. The first two provisions became effective on October 1, 2004, while the increased maximum Federal FMNP benefit level was effective as of June 30, 2004.
Agency Information Collection Activities: Proposed Collection; Comment Request-FNS-380, Worksheet for the Supplemental Nutrition Assistance Program Quality Control Reviews
As required by the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection. This collection is a revision of a currently approved collection of FNS-380, Worksheet for the Supplemental Nutrition Assistance Program's Quality Control Reviews.
School Food Safety Inspections
This final rule adopts without change the food safety inspections requirements for the National School Lunch Program (NSLP) and the School Breakfast Program (SBP) set forth in a previous interim rule issued by the Food and Nutrition Service as a result of the Child Nutrition and WIC Reauthorization Act of 2004. Schools participating in the lunch and breakfast programs must obtain two inspections per year, post the most recent inspection report in a visible location, and release a copy of the report to members of the public upon request. This rule enhances the safety of over 38 million meals served to school children daily.
Agency Information Collection Activities: Proposed Collection; Comment Request-Evaluation of the Fresh Fruit and Vegetable Program (FFVP)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for the Food and Nutrition Service Evaluation of the Fresh Fruit and Vegetable Program (FFVP) to examine how the Fresh Fruit and Vegetable Program is currently being implemented and to estimate program impacts on participating students.
Agency Information Collection Activities: Proposed Collection; Comment Request-Federal Claims Collection Methods for Supplemental Nutrition Assistance Program Recipient Claims
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This collection is a revision of a currently approved collection associated with initiating and conducting Federal collection actions against households with delinquent Supplemental Nutrition Assistance Program (SNAP, formerly known as the Food Stamp Program) recipient debts.
Agency Information Collection Activities: Proposed Collection; Comment Request-Form FNS-380-1, Supplemental Nutrition Assistance Program's Quality Control Review Schedule
As required by the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collection of Form FNS-380-1, Supplemental Nutrition Assistance Program's Quality Control Review Schedule. The proposed collection is a revision of collection currently approved under OMB No. 0584-0299.
Agency Information Collection Activities: Proposed Collection; Comment Request-Form FNS-143, Claim for Reimbursement (Summer Food Service Program); Correction
The Department of Agriculture's Food and Nutrition Service published a document in the Federal Register on August 7, 2009, concerning requests for comments on the Summer Food Service Program Claim for Reimbursement, Form FNS-143. The document contained an incorrect date.
Agency Information Collection Activities: Proposed Collection; Comment Request-Food Distribution Forms
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This collection is an extension, without change, of a currently approved collection which FNS employs to determine public participation and the distribution of foods in the Food Distribution Programs.
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for Determining Eligibility for Free and Reduced Price Meals
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection for determining eligibility for free and reduced price meals and free milk in schools. 7 CFR part 245 contains information on Federal requirements regarding the determination and verification of eligibility for free and reduced price meals. The provisions also apply to the determination of eligibility for free milk under the Special Milk Program, OMB Number 0584-0005 and are generally applicable to the Child and Adult Care Food Program, OMB Number 0584-0055 and the Summer Food Service Program, OMB Number 0584-0280 when individual children's eligibility must be established. The current approval for the information collection burden associated with 7 CFR part 245 expires on January 31, 2010. This proposed collection is a revision of the currently approved collection for determining eligibility for free and reduced price meals and free milk in schools and concerns the collection of eligibility information and verification proceedings.
Agency Information Collection Activities: Proposed Collection; Comment Request-Form FNS-143, Claim for Reimbursement (Summer Food Service Program)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection. The proposed collection is an extension of a currently approved collection for the FNS-143, Claim for Reimbursement (Summer Food Service Program), which is used to collect data on the number of meals served and cost data from sponsoring organizations participating in the Program.
Marketing and Sale of Fluid Milk in Schools
This rule finalizes the interim rule that implemented the statutory provision to prohibit direct or indirect restrictions on the sale or marketing of fluid milk on school premises or at school- sponsored events, at any time or in any place, in schools participating in the National School Lunch Program. This rule ensures that there are no policies or procedures in place that have the effect of restricting the sale or marketing of fluid milk.
Agency Information Collection Activities: Proposed Collection; Comment Request-Negative QC Review Schedule, Status of Sample Selection of Completion
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collections for the FNS-245, Negative Case Action Review Schedule and FNS-248, Status of Sample Selection and Completion. The forms are currently used in the Quality Control process for the Supplemental Nutrition Assistance Program. The proposed collection is a revision of a collection currently approved under OMB No. 0584-0034.
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for the Summer Food Service Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection for the Summer Food Service Program (SFSP). Pursuant to Section 13 of the Richard B. Russell National School Lunch Act (NSLA), the SFSP provides assistance to States to initiate and maintain nonprofit food service programs for needy children during the summer months and at other approved times. Subsection (m) of the statute directs States and service institutions participating in the SFSP to keep accounts and records necessary to enable the Secretary to determine whether there has been compliance with this section and the SFSP regulations. This information collection concerns the efforts required of States and service institutions to comply with the Secretary's requests for information. This proposed collection is a revision of the currently approved collection for the SFSP.
Agency Information Collection Activities: Proposed Collection; Comment Request-Data Collection Related to Institutions and Organizations
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This collection is an extension without change of a currently approved collection for Data Collection Related to Institutions and Organizations, and concerns whether and to what extent faith-based and community organizations are participating in Federal nutrition assistance programs.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Form for Collecting Taxpayer Identifying Numbers
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the Agency's proposed information collection of taxpayer identifying numbers from all persons and organizations with which the Agency has a direct payment relationship. This collection is an extension of a currently approved information collection.
Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes for the Period July 1, 2009 through June 30, 2010
This notice announces the annual adjustments to the national average payment rates for meals and snacks served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and snacks served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii. The adjustments contained in this notice are made on an annual basis each July, as required by the laws and regulations governing the Child and Adult Care Food Program.
Food Distribution Program: Value of Donated Foods From July 1, 2009 Through June 30, 2010
This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2010 (July 1, 2009 through June 30, 2010) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP).
National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates
This Notice announces the annual adjustments to the ``national average payments,'' the amount of money the Federal Government provides States for lunches, afterschool snacks and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the ``maximum reimbursement rates,'' the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution which participates in the Special Milk Program for Children. The payments and rates are prescribed on an annual basis each July. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products.
National Advisory Council on Maternal, Infant and Fetal Nutrition; Notice of Meeting
Pursuant to the Federal Advisory Committee Act, this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Implementation of Nondiscretionary WIC Certification and General Administrative Provisions
This is an affirmation by the Department of a final rule, without change, of an interim rule that amended the regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by implementing most of the nondiscretionary provisions of the
School Breakfast Program: Severe Need Assistance
The Department is adopting as a final rule, without change, an interim rule that amended the regulations for the School Breakfast
Agency Information Collection Activities: Proposed Collection; Comment Request-Models of SNAP-Ed and Evaluation Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed collection of data for the Models of SNAP-Ed and Evaluation Study. This is a NEW information collection. The goal of Supplemental Nutrition Assistance Program Education (SNAP-Ed) is to improve the likelihood that SNAP participants and eligibles will make healthy choices within a limited budget and choose active lifestyles consistent with the current Dietary Guidelines for Americans and the USDA Food Guidance System. With limited resources, SNAP-Ed nutrition educators attempt to tailor their messages to fit the varying needs of differing populations and evaluate the extent to which their efforts result in positive, voluntary changes in nutrition behaviors.
Agency Information Collection Activities: Proposed Collection; Comment Request: Supplemental Nutrition Assistance Program, Store Reauthorization Application, Form FNS-252-R
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a new information collection requirement.
Agency Information Collection Activities: Proposed Collection; Comment Request-Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Form: FNS-339, WIC Federal and State Agreement
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. The proposed information collection is a request to revise a currently approved collection of information relating to the reporting and recordkeeping burden associated with completing and submitting form FNS-339, the WIC Federal and State Agreement.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program: Federal Financial Report (FNS-778) and Financial Status Report Addendum (FNS-778A)
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) is publishing for public comment, a summary of a proposed information collection. The collection establishes a new financial report that will replace the SF-269 (Food Stamp) report currently used by State agencies to report expenditures in the Supplemental Nutrition Assistance Program (formerly the Food Stamp Program).
Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient Claim Establishment and Collection Standards
Supplemental Nutrition Assistance Program (SNAP) recipient claims are established and collected against households that receive more benefits than they are entitled to receive. This rulemaking corrects and clarifies provisions of the final rule on recipient claims published at 65 FR 41752, July 6, 2000. The purposes of this proposed rulemaking are to remove a definition and several provisions that were made obsolete by the final rule; correct the typographical errors; correct the omission of the requirement that a copy of the claims management plan be submitted to the FNS Regional Office for informational purposes; reinforce current practices and requirements in the areas of fair hearings, fees, due dates, delinquent claims, retention, claim referrals, negligence and fraud; make conforming changes needed as a result of a subsequent rulemaking pertaining to a sponsor's responsibility for overissuances of an alien household; and to remove an overpayment exception that is no longer applicable to the program.
Child Nutrition Programs-Income Eligibility Guidelines
This Notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2009 through June 30, 2010. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.
Agency Information Collection Activities: Proposed Collection; Comment Request-National Hunger Clearinghouse Database Form
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice invites the general public and other public agencies to comment on this information collection, concerning the National Hunger Clearinghouse.
Agency Information Collection Activities: Proposed Collection; Comment Request-School Nutrition Dietary Assessment Study-IV (SNDA-IV)
In accordance with the Paperwork Reduction Act of 1995, the Food and Nutrition Service (FNS) invites the general public and other public agencies to comment on this proposed information collection. This collection is a reinstatement with change of a previously approved collection for which approval has expired.
Supplemental Nutrition Assistance Program: Agency Information Collection Activities: Proposed Collection; Comment Request; Disaster Supplemental Nutrition Assistance Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This information collection is based on the Robert T. Stafford Disaster Relief and Emergency Assistance Act and Section 5(h) of the Food and Nutrition Act of 2008, which provide the Secretary of Agriculture with the authority to develop a Disaster Supplemental Nutrition Assistance Program (D-SNAP) to address the needs of families temporarily in need of food assistance after a disaster. The information collection under this notice is required for the establishment and operation of a D-SNAP.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Income Eligibility Guidelines
The Department announces adjusted income eligibility guidelines to be used by State agencies in determining the income eligibility of persons applying to participate in the Special Supplemental Nutrition Program for Women, Infants and Children Program (WIC). These income eligibility guidelines are to be used in conjunction with the WIC Regulations.
Agency Information Collection Activities: Proposed Collection; Comment Request: Supplemental Nutrition Assistance Program, Administrative Review Requirements-Food Retailers and Wholesalers
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a revision of a currently approved collection.
Summer Food Service Program; 2009 Reimbursement
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2009 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures that are extended nationwide by enactment of the Fiscal Year 2008 Consolidated Appropriations Act. The 2009 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate.
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
This final rule amends 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 in amendments to the Child Nutrition Act of 1966 (CNA) concerning retail vendors authorized by WIC State agencies to provide supplemental food to WIC participants in exchange for WIC food instruments. The intent of these provisions is to enhance due process for vendors; prevent defective infant formula from being consumed by infant WIC participants; and ensure that the WIC Program does not pay the cost of incentive items provided by above-50-percent vendors in the form of high food prices. Finally, this rule also adjusts the vendor civil money penalty (CMP) levels to reflect inflation.
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