|DATE:||December 22, 1994|
|MEMO CODE:||FMNP Policy Memorandum: #95-1|
|SUBJECT:||Implementation of PL 103-448 Provisions|
Supplemental Food Programs
This policy memorandum authorizes the implementation of the provisions contained in PL 103-448, the Healthy Meals for Healthy Americans Act of 1994, enacted on Nov. 2, 1994.
As you know, this law reauthorizes the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) and the WIC Farmers' Market Nutrition Program (FMNP) through Sept. 30, 1998, and establishes several new provisions designed to improve program management and accessibility. Attached for your use and information is a copy of the legislative language as it appeared in the Congressional Record of Oct. 6, 1994. We have also attached a listing of all of the WIC and FMNP provisions in PL 103-448. The attached listing is provided for easier reference but should not be used as a substitute for the test of the statute.
Generally, legislative provisions must be promulgated in an interim or final rulemaking before they can be implemented. After further review of the WIC and FMNP provisions of PL 103-448, we have determined that the provisions can be deemed nondiscretionary. Considering that the provisions can be deemed nondiscretionary and given the long and complex process of issuing regulations, state agencies may begin implementing the WIC and FMNP provisions of PL 103-448 prior to the issuance of a final rulemaking.
State agencies opting to implement any of the WIC and FMNP provisions of PL 103-448 prior to issuance of a final rulemaking must make the appropriate amendments to their state plans and/or procedure manuals. State agencies should also be advised that changes to procedures may be necessary once the provisions are codified in a final rulemaking.
STANLEY C. GARNETT
Supplemental Food Programs Division