FNS Documents & Resources

This final rule incorporates into program regulations new legislative requirements for vendor cost containment that affect the selection, authorization, and reimbursement of retail vendors.

This is an affirmation by the Department of a final rule, without change, of an interim rule that amended the regulations for the Special Supplemental Nutrition Program for Women, Infants and Children by implementing most of the nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004 that address participant certification and general program administration in the WIC program.

This final rule amends regulations for the Special Supplemental Nutrition Program for Women, Infants and Children by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004 in amendments to the Child Nutrition Act of 1966 concerning retail vendors authorized by WIC state agencies to provide supplemental food to WIC participants in exchange for WIC food instruments.

This policy memorandum supplements an FNS instruction on the use of WIC acronym and logo.

This final rule amends 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.

In 1991 and 1998, FNS conducted national studies of WIC vendors to determine the extent of vendor violation of program rules. After the 1998 study, FNS issued regulations to correct vendor practices. The 2005 study replicates the 1998 study to determine whether the regulations were effective, and to measure the frequency of vendor violations and the degree to which vendors charge accurate prices for WIC transactions.

This rule proposes to amend regulations for the Special Supplemental Nutrition Program for Women, Infants and Children by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004 concerning retail vendors authorized by WIC state agencies to provide supplemental food to WIC participants in exchange for WIC food instruments.

This policy memorandum updates the guidance provided in Final WIC Policy Memorandum #2006-4, regarding the implementation of the WIC Vendor Cost Containment Interim Rule, published in the Federal Register on Nov. 29, 2005.

This policy memorandum supplements the guidance provided to state agencies on Jan. 4, 2006, regarding the significance of the Temporary Restraining Order issued on Dec. 29, 2005, by the U.S. District Court for the District of Columbia, for the implementation of the WIC Vendor Cost Containment Interim Rule, published in the Federal Register on Nov. 29, 2005.

This interim rule amends the regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children to strengthen vendor cost containment.