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Interim Final Rule: Nondiscretionary Provisions of Public Law 108-265, the Child Nutrition and WIC Reauthorization Act of 2004

Last Published: 11/20/2013

This interim final rule, published November 3, 2008, amends 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, Public Law 108-265. 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. All three provisions were implemented by FMNP State agencies in FY 2005. This rule will become effective on December 3, 2008.
To be considered in the development of the final rule, comments on this interim rule must be postmarked on or before January 2, 2009, or go to and search for "fmnp" and use the rule listing to "send a comment."

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