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Final Rule: WIC Food Delivery Systems - Delay of Effective Date

Publication Date
Resource type
Final Rule

In accordance with the memorandum of Jan. 20, 2001, from the Assistant to the President and Chief of Staff, entitled “Regulatory Review Plan,” published in the Federal Register on Jan. 24, 2001, this action temporarily delays for 60 days the effective date of the rule entitled Special Supplemental Nutrition Program for Women, Infants and Children (WIC); Food Delivery Systems, published in the Federal Register on Dec. 29, 2000, 65 FR 83248.

The rule strengthens vendor management in retail food delivery systems by establishing mandatory selection criteria, training requirements, criteria to be used to certify high-risk vendors, and monitoring requirements, including compliance investigations. To the extent that 5 USC 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 USC section 553(b)(A).

Alternatively, the Department's implementation of this rule without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based on the good cause exceptions in 5 USC section 553(b)(B) and 553(d)(3), seeking public comment is impracticable, unnecessary and contrary to the public interest. The temporary 60-day delay in effective date is necessary to give Department officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President's memorandum of Jan. 20, 2001.

Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. The imminence of the effective date is also good cause for making this rule effective immediately upon publication.

Page updated: March 06, 2023