FNS Documents & Resources

This memo transmits updates to the maximum size of WIC civil monetary penalties to reflect inflationary adjustments for 2022, as required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. 

This policy memorandum transmits the Civil Monetary Penalty (CMP) inflation adjustment for 2021 for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The adjustment was published in the Federal Register as part of the Civil Monetary Penalty Inflation Adjustments for 2021 Final Rule published on May 10, 2021, at 86 FR 24699. 

Any firm may request administrative and judicial review, if it is aggrieved by any of the actions described in SNAP regulations. The Administrative Review Branch ensures that FNS follows the provisions of the Food and Nutrition Act, SNAP regulations, and agency retailer policy, and that the agency's administrative actions are equitable and consistent.

WIC Policy Memorandum: #2021-2: WIC Civil Monetary Penalty (CMP) Inflation Adjustment for 2020

The Food and Nutrition Service seeks to prevent firms authorized to participate in SNAP from delaying administrative actions, such as disqualification or civil money penalties, through submission of Freedom of Information Act (FOIA) requests or appeals. As such, FNS is proposing that FOIA requests and FOIA appeals be processed separately from administrative actions FNS takes against retail food stores. This proposed rule would ensure that retail food stores can no longer use the FOIA process to delay FNS' administrative actions to sanction a retail food store for SNAP violations.

FNS is issuing this memorandum in fulfillment of the commitment made in the preamble of the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation, and Energy Act of 2008 final rule to provide additional guidance for state agencies on how to carry out the exclusion of certain military combat-related pay from income for purposes of SNAP eligibility determinations.

This final rule excludes combat pay from inclusion in the WIC income eligibility determination for deployed service members.

This rule permanently excludes combat pay from being considered as income and eliminates the maximum dollar limit of the dependent care deduction.

This supersedes the Jan. 7, 2010, version of the policy memo, Exclusion of Military Combat Pay. In addition to combat pay and other income received by deployed service members, this memorandum addresses Deployment Extension Incentive Pay.

When determining eligibility for FDPIR, the proposed rule would permanently exclude combat pay from being considered income and eliminate the maximum dollar limit of the dependent care deduction.