California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 6 - Preventive Medical Services
Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children
Article 5 - Supplemental Foods
Section 40715 - Supplemental Foods

Universal Citation: 22 CA Code of Regs 40715

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Supplemental foods shall be prescribed for the participant from foods authorized by the Department according to the category and nutritional need of the participant.

(b) The competent professional authority shall determine for each participant the appropriate supplemental foods, taking into consideration the participant's age and dietary needs.

(c) The specific foods authorized shall be determined by the department based upon federal minimum nutrient requirements specified for the particular food group, programmatic needs, financial constraints, and space limitations on the face of the food instruments. The Department shall make every effort to minimize the number of specific foods authorized in order to avoid difficulty in complying with, and misunderstanding of, Program rules for food instrument usage by Program participants and food vendors. The Department shall authorize up to but not more than ten food types or ten food items with specific brand names on any food instrument. The following criteria shall be used by the Department to designate the specific foods authorized:

(1) Cost of the foods;

(2) Appropriateness of foods to the participant's category;

(3) Statewide availability of the foods for a period of at least one year;

(4) Nutrient content of the food, its relationship to the nutritional needs of participants, and its consistency with the nutrition education goals of the Program.

1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2. Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March 30, 2020, which allowed the director of the State Department of Public Health to make temporary changes to certain regulations relating to the Women, Infants, and Children Program, due to the COVID-19 pandemic.

Note: Authority cited: Sections 311 and 312, Health and Safety Code. Reference: Sections 311 and 312, Health and Safety Code.

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