Women, Infants and Children (WIC)

Discretionary Vendor Provisions of the Child Nutrition and WIC Reauthorization Act of 2004, P.L. 108-265 - Final Rule

Last Modified: 02/12/2014

This final rule, published in the Federal Register on January 6, 2009, amends the WIC regulations by adding three vendor-related requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004. This final rule requires WIC State agencies to:

  • Notify WIC-authorized retail vendors of an initial violation in writing, for violations requiring a pattern of occurrences in order to impose a sanction, before documenting a subsequent violation, unless notification would compromise an investigation;
  • Maintain a list of State-licensed wholesalers, distributors, and retailers, and infant formula manufacturers registered with the Food and Drug Administration, and require WIC-authorized retail vendors to purchase infant formula only from sources on the list; and
  • Prohibit the authorization of or payments to WIC-authorized vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments (“above-50-percent vendors”) and which provide incentive items or other free merchandise, except food or merchandise of nominal value, to program participants or customers unless the vendor provides the State agency with proof that the vendor obtained the incentive items or merchandise at no cost.

This rule also adjusts vendor civil money penalty (CMP) levels to reflect inflation.

Effective Date: March 9, 2009.

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This final rule, published in the Federal Register on January 6, 2009, amends the WIC regulations by adding three vendor-related requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004. This final rule requires WIC State agencies to:

• notify WIC-authorized retail vendors of an initial violation in writing, for violations requiring a pattern of occurrences in order to impose a sanction, before documenting a subsequent violation, unless notification would compromise an investigation;

• maintain a list of State-licensed wholesalers, distributors, and retailers, and infant formula manufacturers registered with the Food and Drug Administration, and require WIC-authorized retail vendors to purchase infant formula only from sources on the list; and

• prohibit the authorization of or payments to WIC-authorized vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments (“above-50-percent vendors”) and which provide incentive items or other free merchandise, except food or merchandise of nominal value, to program participants or customers unless the vendor provides the State agency with proof that the vendor obtained the incentive items or merchandise at no cost.

This rule also adjusts vendor civil money penalty (CMP) levels to reflect inflation.

Effective Date: March 9, 2009.

 

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