FNS Documents & Resources

This guidance provides resources that state agencies may use when considering next steps and set forth instructions for submitting state plan amendments that involve operational changes such as electronic solution proposals and/or WIC FMNP waiver requests.

This letter is in response to correspondence from WIC state agencies requesting program flexibility with regard to the maximum monthly allowance requirements in WIC as a result of the impact of the ongoing Coronavirus Disease 2019 pandemic and the 2022 Abbott recall of certain powder infant formula on the nationwide supply chain leading to both periodic location- and product-based WIC infant formula shortages.

On Dec. 27, 2020, the President signed into law the Consolidated Appropriations Act 2021. This Act excludes federal pandemic unemployment compensation payments authorized under the Coronavirus Aid, Relief and Economic Security Act from consideration as income for the purposes of determining FDPIR eligibility. 

This memorandum includes questions and answers on flexibilities available to Indian Tribal Organizations and state agencies on the operations of FDPIR. These flexibilities may assist ITOs and state agencies that administer FDPIR in continuing to provide food to people in need during the novel COVID-19 public health emergency.

Consistent with the CARES Act, USDA will be allocating the $50 million for facility improvements and equipment upgrades to Indian Tribal Organizations and state agencies that administer FDPIR for program costs allowable under the law.

FNS is cancelling Policy Memoranda FD-010, FD-027, FD-028, FD-029, FD-032, FD-053, FD-055, FD-071, FD-073, FD-074, FD-083, FD-086, FD-087, FD-090, FD-105, and FD-115. The guidance provided by these memoranda are either outdated, obsolete, or otherwise captured in more current memoranda.

Through this rulemaking, the USDA Food and Nutrition Service  is codifying new and revised statutory requirements included in the Agriculture Improvement Act of 2018 . First, the Department is revising the minimum Federal share of the Food Distribution Program on Indian Reservations (FDPIR) administrative costs and State agency/Indian Tribal Organization (ITO) mandatory administrative match requirement amounts. Second, the Department is revising its administrative match waiver requirements by allowing State agencies and ITOs to qualify for a waiver if the required match share would be a substantial burden. Third, the Department is limiting the reduction of any FDPIR benefits or services to State agencies and ITOs that are granted a full or partial administrative match waiver. Last, the Department is allowing for other Federal funds, if such use is otherwise consistent with both the purpose of the other Federal funds and with the purpose of FDPIR administrative funds, to be used to meet the State agency/ITO administrative match requirement.

This memorandum implements requirements under the Agriculture Improvement Act of 2018 and provides guidance to TEFAP state agencies on best practices to minimize food waste of privately donated foods provided to TEFAP state agencies and eligible recipient agencies. 

This memorandum provides guidance regarding continuation of the food safety inspections reporting requirement under the NSLP and SBP for fiscal year 2019.

This memorandum provides information on the new provision in Section 4(b)(7) of the Food and Nutrition Act that requires FDPIR administrative funds to remain available for obligation at the Indian Tribal Organization and state agency level for a period of two federal fiscal years.