This rulemaking serves to amend WIC program regulations by incorporating provisions of the Access to Baby Formula Act of 2022 and making related amendments.
Through ARPA, USDA received waiver authority to support WIC and FMNP outreach, innovation, and modernization. Waivers are currently available to support WIC online shopping and ARPA funded projects.
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 is a new information collection for WIC and WIC Farmers' Market Nutrition Program which contains the reporting burden associated with requesting waivers authorized under the American Rescue Plan Act of 2021 and the American Baby Formula Act of 2022.
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.