This proposed rule would amend the regulations governing the WIC program to clarify issues that have arisen subsequent to the publication of the WIC Food Delivery Systems Final Rule on Dec. 29, 2000, and to strengthen further the requirements for state vendor management and infant formula cost-containment systems.
This policy memorandum clarifies and updates current policy on price adjustments, vendor, participant, and local agency collections, fines, civil money penalties, and program income to reflect amendments to WIC program legislation and regulations since the issuance of WIC Policy Memorandum #96-3.
FNS published “The WIC Vendor Management Study, 1998” in July 2001 which examined, in part, the extent to which retail grocers, defined as WIC “vendors” were violating program rules and regulations. The 1998 study is a follow-up to the “WIC Vendor Issues Study, 1991” published by FNS in May 1993.
This final rule delays from Feb. 27, 2002 until Oct. 1, 2002 the implementation date of the final rule entitled Special Supplemental Nutrition Program for Women, Infants and Children: Food Delivery Systems, which was published in the Federal Register on Dec. 29, 2000, 65 FR 83248, and became effective on April 28, 2001.
The purpose of the study was to learn the extent to which retail grocers, defined as "vendors" in the WIC Program, authorized to provide food to WIC participants, were violating program rules and procedures, and to determine which programmatic and/or demographic variables could be associated with vendor violations.
This final rule strengthens vendor management in retail food delivery systems by establishing mandatory selection criteria, training requirements, criteria to be used to identify high-risk vendors, and monitoring requirements, including compliance investigations. In addition, the rule strengthens food instrument accountability and sanctions for participants who violate program requirements.
This interim rule amends regulations for the Special Supplemental Nutrition Program for Women, Infants and Children. The rule adds three legislative requirements that affect the application and certification process for the WIC program.
This proposed rule would strengthen the requirements for operation of vendor management systems by establishing mandatory selection criteria; limitation of vendors; training requirements; criteria to be used to identify high- risk vendors; and monitoring requirements, including compliance buys. In addition, the rule would strengthen food instrument accountability and sanctions for participants who violate program regulations. It would also streamline the vendor appeals process.
This proposed rule would amend regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children to implement a mandate of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which requires the disqualification of WIC vendors who are disqualified from the Food Stamp Program.