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.
This waiver cancels selected administrative data reporting requirements in the child nutrition programs, specifically the following: FNS-640 Administrative Review Report Form; FNS-828 School Food Authority Paid Lunch Price Report; FNS-874 Local Educational Agency Second Review of Applications; Ameliorative Action Plans for Verification Results; State Agency Food Safety Inspections Report; and Performance-Based Reimbursement (7 Cents) Quarterly Report.
FNS is waiving the requirement that the state agency annually review a number of sponsors whose program reimbursements, in the aggregate, account for at least one-half of the total program reimbursements in the state in the previous year.
FNS waives, for all states, the requirements to serve meals that meet specified meal pattern requirements during the public health emergency due to COVID–19. This waiver applies to state agencies administering and local organizations operating the National School Lunch and School Breakfast programs. These flexibilities also apply to the National School Lunch Program Seamless Summer Option.
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 waiver facilitates state agencies abilities to conduct a school meal programs administrative review when a school food authority is only operating the National School Lunch Program Seamless Summer Option in SY 2021-22.