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WIC Civil Monetary Penalty (CMP) Inflation Adjustment for 2021

EO Guidance Document #
FNS-GD-2021-0080
FNS Document #
WIC Policy Memorandum #2021-8
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (162.76 KB)
DATE: August 5, 2021
MEMO CODE: WIC Policy Memorandum #2021-8
SUBJECT: WIC Civil Monetary Penalty (CMP) Inflation Adjustment for 2021
TO: Regional Directors
Special Nutrition Programs
All Regions
WIC State Agency Directors
All State Agencies

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.

As required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, this rule updates the maximum size of CMPs for certain violations in WIC to reflect inflationary adjustments for 2021. For each violation subject to a mandatory sanction, the CMP shall not exceed the maximum amount specified in 7 CFR 3.91(b)(3). Further information on calculating CMPs and using these maximums can be found in federal WIC regulations at 7 CFR 246.12(l)(1)(x).

WIC state agencies must adhere to the new maximum CMP amounts and must update their policies and procedures in order to implement the updated maximum CMP amounts as soon as possible. Any WIC state agency with questions regarding this change should contact its respective FNS regional office.

DANA RASMUSSEN
Acting Director
Supplemental Food Programs Division

 

Attachment

CMP 2020 vs. 2021 Comparison Chart

Citation Violation 2020 Max per Violation 2021 Max per Violation
§ 3.91(b)(3)(iv) Civil penalty for any entity that submits a bid to supply infant formula to carry out the Special Supplemental Nutrition Program for Women, Infants and Children and discloses the amount of the bid, rebate, or discount practices in advance of the bid opening or for any entity that makes a statement prior to the opening of bids for the purpose of influencing a bid, codified at 42 USC 1786(h(8)(H)(i) $181,484,308 $183,629,453
§ 3.91(b)(3)(v) Civil penalty for a vendor convicted of trafficking in food instruments, codified at 42 USC 1786(o)(1)(A) and 42 USC 1786(o)(4)(B) $15,692 for each violation, maximum penalty for violations occurring during a single investigation is $62,767 $15,877 for each violation, maximum penalty for violations occurring during a single investigation is $63,509
§ 3.91(b)(3)(vi) Civil penalty for a vendor convicted of selling firearms, ammunition, explosive, or controlled substances in exchange for food instruments, codified at 42 USC 1786(o)(1)(B) and 42 USC 1786(o)(4)(B) $15,306 for each violation, maximum penalty for violations occurring during a single investigation is $62,767 $15,487 for each violation, maximum penalty for violations occurring during a single investigation is $63,509
08/09/2021

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.