[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Notices]
[Pages 21172-21174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08041]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Request for Information: WIC National Universal Product Code 
Database Next Steps

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Notice; Reopening of Comment Period.

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SUMMARY: The U.S. Department of Agriculture (USDA), Food and Nutrition 
Service (FNS), Special Supplemental Nutrition Program for Women, 
Infants and Children (WIC Program or WIC) is issuing this Request for 
Information to obtain input from WIC State agencies, authorized 
vendors, food manufacturers, technology partners, and other interested 
stakeholders regarding the direction of the National Universal Product 
Code (NUPC) database. The NUPC database can be used by WIC State 
agencies delivering benefits via Electronic Benefit Transfer (EBT) to 
develop, update and maintain their Authorized Product Lists (APLs). FNS 
is specifically interested in obtaining stakeholder perspectives on the 
role of the NUPC database to the program community, and different 
options for operating, maintaining, and/or enhancing the database. FNS 
welcomes comments from all interested stakeholders.
    As a background, on January 30, 2020, FNS issued the initial 
Request for Information, beginning a 60-day public comment period. 
Public involvement opportunities including public meetings, are now 
being modified based on considerations for employee and public health 
and safety. We recognize that there is a need to reopen the

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comment period to accommodate meaningful public involvement. FNS is 
reopening the comment period to provide additional time for interested 
parties to review this Request for Information.

DATES: The comment period for the Request for Information that was 
published on January 30, 2020 (82 FR 5368) ended March 30, 2020. To be 
assured of consideration, comments must be received on or before May 
18, 2020.

ADDRESSES: Comments are accepted through the Federal eRulemaking 
Portal. Go to http://www.regulations.gov, and follow the online 
instructions for submitting comments electronically. Comments may also 
be submitted via email to [email protected]. Please enter ``NUPC 
Database Public Comment'' in the subject line to the email.

FOR FURTHER INFORMATION CONTACT: Dana Rasmussen, Senior Technical 
Advisor, Supplemental Food Programs Division, at (703) 305-1628.

SUPPLEMENTARY INFORMATION: The WIC Program, authorized under the Child 
Nutrition Act of 1966, as amended (P.L. 89-642), provides low-income 
pregnant, breastfeeding, and postpartum women, infants, and children up 
to age five with nutritious supplemental foods, nutrition education, 
including breastfeeding promotion and support, and referrals to health 
and social services. The program is administered by USDA FNS. FNS 
provides grant funds which are used by WIC State agencies to operate 
the WIC Program and distribute benefits through local WIC clinics. The 
program operates throughout the 50 States, the District of Columbia, 
Guam, Puerto Rico, American Samoa, the Commonwealth of the Northern 
Mariana Islands, the U.S. Virgin Islands, and through 33 Indian Tribal 
Organizations.
    The Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296) 
requires all WIC State agencies to implement EBT systems by October 1, 
2020, or seek an exemption. To implement EBT, some State agencies must 
update their management information systems to issue benefits via EBT 
and must ensure the necessary EBT infrastructure is in place for 
clinics and vendors. To date, over half of all WIC State agencies have 
implemented EBT statewide, with the remaining State agencies engaged in 
the EBT planning and implementation processes pursuant to the statutory 
mandate.
    Section 352(e) of the HHFKA directed the Secretary of Agriculture 
to establish an NUPC database for use by all WIC State agencies in 
implementing EBT. HHFKA provides $1 million each fiscal year, to remain 
available until expended, for NUPC database development, hosting, 
hardware and software configuration, and database support. Program 
regulations at 7 CFR 246.12(cc) require WIC State agencies with EBT to 
use the NUPC database. The NUPC database is intended to be used by WIC 
State agencies with EBT as a tool to help create and manage their APLs. 
Only State agencies have access to the NUPC database. The database 
provides a source of information about WIC-authorized foods which other 
State agencies may use in creating their APLs.
    Each WIC State agency is responsible for developing a list of food 
items available for WIC participants for purchase consistent with 
Program requirements defined in 7 CFR 246.10. WIC State agencies 
determine the types, brands, and physical forms of WIC-eligible foods. 
State agencies may also consider State-specific nutrition criteria 
(e.g., only low sodium canned vegetables), packaging methods (e.g., 
pouch, can, jar) and packaging sizes (e.g., single container, multi-
pack case).
    For WIC State agencies using EBT, the State agency-approved foods 
are set forth on an electronic APL, which lists the WIC food item, food 
category, size, Universal Product Code (UPC), and other technical 
details. The APL is unique to each State agency. There is no Federal or 
national APL.
    WIC State agencies update their APLs on a regular basis. Consistent 
with 7 CFR 246.12 and per WIC EBT operating rules, WIC-authorized 
vendors are required to retrieve a State agency's APL and apply it to 
their cash register systems at least every 48 hours, but most do so on 
a nightly basis.
    WIC State agencies send a copy of their individual APLs to the NUPC 
database. After passing a screening and once additional nutritional 
product information is gathered, the individual products on the State 
agency's APL are added to the NUPC database. A State agency's raw APL 
file is not available for download via the NUPC database.
    The NUPC database currently includes but is not limited to the 
following information by food item from WIC EBT State agencies, as 
applicable: UPC or Price Lookup Code (PLU), the latter for fresh fruits 
and vegetables; product category (e.g., Bread/Whole Grains) and 
subcategory (e.g., 100% Whole Wheat); nutrition information and 
ingredients; package images including product labels; the manufacturer 
name; manufacturer data sheets when needed; and the State agency 
authorizing the product. An optional free form comments field is 
available to State agencies. For fresh fruits and vegetables, a State 
agency may submit PLUs or UPCs. Appendix A lists current NUPC database 
elements.
    WIC State agencies may optionally choose to submit pricing data 
into the NUPC database, but this data is for individual State agency 
use only. Most State agencies do not enter pricing data, due to the 
significant effort required to enter and maintain it given pricing 
fluctuations, coupled with the limited benefit of use. Most prices are 
sensitive to local market conditions.
    A WIC State agency can use the NUPC database to obtain product 
information helpful in developing or modifying its APL. The NUPC 
database reduces the need to separately gather this same information 
from manufacturers, food retailers, food distributors or industry food 
databases.
    NUPC does not: (1) represent a complete/combined listing of all 
State-specific APLs, but rather contains individual APL-related data 
submitted by WIC EBT States (and supplemented with other nutrition-
related information); (2) set forth a Federal or national WIC APL; or 
(3) include up-to-date pricing information.
    The original intent of the NUPC database was to support statewide 
implementation of EBT. As more WIC State agencies achieve statewide 
EBT, FNS seeks input regarding the use of the NUPC database by the 
program community and different options for operating, maintaining, 
and/or enhancing the database. FNS poses the questions below to prompt 
stakeholder responses.
    USDA FNS is seeking information from stakeholders on the following 
questions:
    1. For WIC State agency input only, is the current NUPC database 
useful in its current form in creating and managing APLs and 
implementing EBT? Please explain.
    2. Within HHFKA statutory requirements, should USDA FNS re-envision 
its approach to the NUPC database to the benefit of program 
stakeholders? Please explain.
    3. Given currently available NUPC database information, what are 
the advantages and disadvantages of providing NUPC database access to, 
or sharing WIC State agency NUPC-related information with, other 
entities such as food manufacturers and/or WIC authorized vendors?
    4. Although current statute requires USDA to operate an NUPC 
database for use by WIC EBT States, do WIC State agencies prefer to 
create and manage

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their APLs without the use of the Federal NUPC database? Please 
explain.
    FNS appreciates your thoughtful and responsive replies to all 
questions. Your feedback is essential to help FNS ensure administration 
of the WIC Program is effective and efficient as possible. Together, we 
can strive to improve operations and outcomes to best serve 
participants, stakeholders, and American taxpayers.

Pamilyn Miller,
Administrator, Food and Nutrition Service.

Appendix A:

    Current NUPC Database Elements

1. National UPC Database Core Fields

    The Core Fields contain information that is set on the National 
level and cannot be edited at the WIC State Agency level. Only FNS 
staff or the FNS contractor may edit these fields.

National Core Fields

UPC/PLU Number
Manufacturer Code
Manufacturer Name
[Food] Category
[Food] Subcategory
Default Filtered
Comments

2. WIC State Agency Fields, including Editable Fields

    These fields are generally specific to each WIC State Agency and 
can only be edited by that State agency. Some of these fields 
(Product Size through Benefit Unit Description Type) may be adopted 
from a national entry or an entry by another State agency and then 
edited to reflect current State-specific authorized foods. These 
fields generally do not have any national attributes--they are 
specific to each State agency. The only State agency field that 
cannot be edited by the WIC State agency is the Product Unit of 
Measure (UOM). Most fields, e.g., price, are optional.

WIC State Agency Fields

Product Size
Product UOM *
Product Name
Benefit Unit Description Type
Short Product Name
Benefit Unit Description
Container Size
Container Type
Price
Price Type
Broadband Flag
Agency Effective Date
Agency End Date
Package Size
Rebate Flag
Manual Voucher Indicator
Filter for State Agency Search
* Cannot be edited by State agency

[FR Doc. 2020-08041 Filed 4-15-20; 8:45 am]
 BILLING CODE 3410-30-P