This letter provides information to WIC state agencies and WIC Farmers’ Market Nutrition Program state agencies on available American Rescue Plan Act of 2021 waivers and a new state agency request process.
This letter provides WIC state agencies the opportunity to opt into waivers to modernize WIC through building or enhancing remote services.
On Nov. 8, 2022, FNS published WIC Policy Memorandum #2023-1 Abbott Infant Formula Waiver Expiration Schedule which extended active waivers to Jan. 31, 2023, or 60 days after the end of the Presidentially-declared COVID-19 major disaster declaration in the affected area, whichever is sooner. However, FNS recognizes that WIC state agencies may need additional flexibility to ensure uninterrupted access to infant formula for WIC families even as WIC state agencies transition back to normal operations. The intent of this policy memorandum is to formally describe the timeline for this transition, as previously described in the Dec. 19, 2022 letter to state agencies.
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.
FNS has used its authority under FFRCA to waive certain onsite monitoring requirements for the school meals programs, the Child and Adult Care Food Program, and the Summer Food Service Program, so that programs can to maintain program integrity and support social distancing while providing meals.
FNS has heard from state agency partners that a safe and successful return to normal operations will require more than 30 days’ notice once the nationally-declared public health emergency ends. Therefore, this memorandum extends certain WIC waivers until 90 days after the end of the nationally-declared public health emergency under the Public Health Service Act.
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.
Under this waiver, CACFP operators in states that elect to be subject to this waiver may serve meals that do not meet specified meal pattern requirements during the public health emergency due to COVID-19.
This memo announces a new suite of child nutrition program nationwide waivers and flexibilities to support a successful school reopening in school year 2021-22.
FNS waives, for all CACFP sponsoring organizations, that CACFP monitoring requirements be conducted onsite. To ensure program integrity during this time, sponsoring organizations should continue monitoring activities of program operations offsite. This waiver extends the Nationwide Waiver of Monitoring Requirements for Sponsors in the CACFP granted on Aug. 4, 2020 that expires on Sept. 30, 2021.