FNS Documents & Resources

The USDA, FDA, and other federal partners continue to work diligently to protect the health infants who are fed using infant formula. 

FNS is offering a suite of operational flexibilities that will be available to child nutrition programs for summer 2022 and school year 2022-23.

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.

Letter to reiterate the flexibilities that USDA has made available to all WIC state agencies and to urge all states to take additional action to make it easier for families to get the formula they need.

This letter is in response to correspondence from WIC state agencies using offline Electronic Benefit Transfer (EBT) technology or paper food instruments, and requesting program flexibility from the WIC program federal requirements as a result of the impact of the ongoing COVID-19 pandemic and the 2022 Abbott recall of certain powder infant formula, exempt infant formula, and WIC-eligible nutritionals on the nationwide supply chain leading to both periodic location- and product-based WIC infant formula and exempt infant formula shortages.

This memorandum clarifies that individual state agency waiver requests submitted to FNS in calendar year 2020 requesting flexibilities in the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, Summer Food Service Program, Special Milk Program for Children and Fresh Fruit and Vegetable Program during the COVID-19 public health emergency that have not been approved or denied prior to Dec. 31, 2020, will no longer be considered active requests. 

This memorandum revises the current USDA Food and Nutrition Service process for state agencies and eligible service providers seeking a waiver of statutory or regulatory program requirements for the child nutrition programs, including the CACFP, the SFSP, the NSLP, the FFVP, the SMP, and the SBP.