Food and Nutrition Service January 2014 – Federal Register Recent Federal Regulation Documents

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 WIC Nutrition Education Study. This is a NEW information collection. The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is administered at the Federal level by the Food and Nutrition Service (FNS) of the U.S. Department of Agriculture. Through Federal grants to States, WIC provides supplemental foods, health care referrals, and nutrition education to low-income pregnant, breastfeeding, and non- breastfeeding postpartum women and to infants and children who are found to be at nutritional risk. The Healthy Hunger-Free Kids Act of 2010 (Pub. L. 111-296, Sec. 305) mandates programs under its authorization, including WIC, to cooperate with USDA program research and evaluation activities. WIC's mission is to safeguard the health of low-income women, infants, and children up to age 5 who are at nutritional risk by providing nutritious foods to supplement diets, information on healthy eating, and referrals to health care. Nutrition education is the program feature often viewed as pivotal to WIC's success in achieving its mission to safeguard the health of low-income women, infants, and children. By Federal directive, all participants have the opportunity to participate in nutrition education at least two times during a 6-month period of eligibility or quarterly for a 12-month period. State and local WIC agencies have significant flexibility to design nutrition education appropriate for the demographics of their participants within established goals. This flexibility has yielded a range of messages, delivery systems and approaches, qualifications and training for educators, and quality. The WIC Nutrition Education Study will provide a nationally representative description of how nutrition education is currently being provided to WIC recipients across the country. It will also conduct a pilot study of the impact of nutrition education on WIC recipients' nutrition and physical activity behaviors. This study will provide FNS with a better understanding of nutrition education practices and methods used by WIC and of the effectiveness of current WIC nutrition education services. The study will document how nutrition education is being provided subsequent to several program changes, including the 2009 food package changes, the implementation of the initiative to Revitalize Quality Nutrition Services (RQNS), and the use of new technology, among a racially and ethnically diverse population. Understanding optimal educational topics and methods, how to maximize participant engagement, the best approaches for delivery and reinforcement of messages, and how to effectively prepare and support WIC nutrition educators is key to informing WIC nutrition education improvements.

The Department of Agriculture, Food and Nutrition Service (FNS), published a final rule in the Federal Register on January 3, 2014 (79 FR 325), concerning necessary changes made to the National School Lunch Program (NSLP) to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010. This document corrects/replaces an appendix that was added at the end of the rule that offered a detailed Regulatory Impact Analysis. All other information in this rule remains unchanged.

This final rule adopts, with some revisions, changes to the National School Lunch Program (NSLP) regulations, as set forth in the interim final rule published in the Federal Register on April 27, 2012. The changes conform to requirements contained in the Healthy, Hunger- Free Kids Act of 2010 regarding performance-based cash assistance for school food authorities (SFAs) certified compliant with meal pattern and nutrition standards. The changes finalized in this rule include requiring State agencies to certify participating SFAs that are in compliance with meal pattern and nutrition standard requirements as eligible to receive performance-based cash assistance for each reimbursable lunch. This rule also finalizes the requirement in the interim final rule that State agencies disburse performance-based cash assistance to certified SFAs, and withhold the performance-based cash assistance from SFAs determined to be out of compliance with meal pattern or nutrition standards during a subsequent administrative review. Additionally, this final rule is adopting minor changes based on comments on the interim final rule that will help to streamline the certification process. These changes include making permanent the flexibility that State agencies should consider any SFA compliant with the daily and weekly ranges for grain and meat/meat alternates if documentation is compliant with the daily and weekly minimums.

The Food and Nutrition Service (FNS) is adopting as a final rule, without substantive changes, the proposed rule that amends the Supplemental Nutrition Assistance Program (SNAP) regulations to implement Section 4121 of the Food, Conservation, and Energy Act of 2008 (the Farm Bill), which requires adequate system testing before and after implementation of a new State automated data processing (ADP) and information retrieval system, including the evaluation of data from pilot projects in limited areas for major systems changes, before the Secretary approves the system to be implemented more broadly. The rule also provides that systems be operated in accordance with an adequate plan for continuous updating to reflect changed policy and circumstances, and for testing the effects of the system on access by eligible households and on payment accuracy. This final rule specifies the requirements for submission of a test plan, and changes the due date of an Advance Planning Document Update (APDU) from 90 days after to 60 days prior to the expiration of the Federal financial participation (FFP) approval, and revises language regarding the federal share of costs in consolidated information technology (IT) operations to specify that the threshold for service agreements applies to federally aided public assistance programs, rather than to SNAP alone. In addition, this rule amends SNAP regulations relating to the establishment of an ADP and information retrieval system and to provide clarifications and updates, which have occurred since this section was last updated in 1996.