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.
Pursuant to section 2202(a) of the FFCRA, FNS is establishing a nationwide opt-in waiver to help minimize the impact of coronavirus related school closures on USDA Foods entitlement calculations.
In FY 2020, TEFAP received a significant amount of additional funding for food purchases and administrative expenses through the Food Purchase Distribution Program and legislation in response to the novel coronavirus public health emergency.
The Families First Coronavirus Response Act provides USDA statutory and regulatory waiver authorities necessary in a public health emergency such as COVID-19 to encourage social distancing and reduce visits to WIC clinics. To date, FNS has approved requests from all WIC state agencies to waive select statutory and regulatory requirements through May 31, 2020. USDA FNS is extending waiver approvals through June 30, 2020 for all WIC state agencies that choose to continue operations under their approved waivers.
With the recent passage of the Families First Coronavirus Response Act to assist with the novel coronavirus public health emergency, WIC received an increase in funding for the program as well as increased ability to provide states with the flexibilities they need to support mothers, infants and children that rely on WIC.
During an emergency situation such as the COVID-19 public health emergency, there are flexibilities available to TEFAP state agencies to assist them in continuing to provide food to people in need. Implementing TEFAP flexibilities can be achieved simply by submitting a written explanation (i.e., state plan amendment) to the FNS regional office for expedited review and approval.