United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2006_register executive 2010-09-22 article Proposed Rules D09002ee1c80f1d7d D09002ee1c80f1dfc United States Department of Agriculture originator org United States Government Agency or Subagency United States Food and Nutrition Service originator org United States Government Agency or Subagency This rule proposes to amend regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004 concerning retail vendors authorized by WIC State agencies to provide supplemental food to WIC participants in exchange for WIC food instruments. This rulemaking would require WIC State agencies to notify WIC-authorized retail vendors of an initial violation in writing, for violations requiring a pattern of occurrences in order to impose a sanction, before documenting a subsequent violation, unless notification would compromise an investigation. In addition, State agencies would be required to maintain a list of State- licensed wholesalers, distributors, and retailers, and infant formula manufacturers registered with the Food and Drug Administration, and would require WIC-authorized retail vendors to purchase infant formula only from sources on the list. Further, State agencies would be required to prohibit the authorization of or payments to WIC-authorized vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments ("above-50-percent vendors") and which provide incentive items or other free merchandise, except food or merchandise of nominal value, to program participants or customers unless the vendor provides the State agency with proof that the vendor obtained the incentive items or merchandise at no cost. The intent of these provisions is to, respectively, enhance due process for vendors; prevent defective infant formula from being consumed by infant WIC participants; and ensure that the WIC Program does not pay the cost of incentive items provided by above-50-percent vendors in the form of high food prices. Finally, this rule also proposes to adjust the vendor civil money penalty (CMP) levels to reflect inflation. 71 FR 43371 https://www.govinfo.gov/app/details/FR-2006-08-01/06-6596 06-6596 fr01au06-16 RIN 0584-AD47 3410-30-P https://www.govinfo.gov/app/details/FR-2006-08-01/06-6596 https://www.govinfo.gov/content/pkg/FR-2006-08-01/html/06-6596.htm https://www.govinfo.gov/content/pkg/FR-2006-08-01/pdf/06-6596.pdf Food Assistance Programs Food Donations Grant Programs-Social Programs Indians Infants and Children Maternal and Child Health Nutrition Education Public Assistance Programs WIC Women 15 p. 43371 43385 71 FR 43371 Title 7 Part 246 7 CFR Part 246 RIN 0584-AD47 Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Discretionary WIC Vendor Provisions in the Child Nutrition and WIC Reauthorization Act of 2004, Public Law 108-265; Federal Register Vol. 71, Issue PRORULE 06-6596 DEPARTMENT OF AGRICULTURE Food and Nutrition Service 2006-10-02 3410-30-P 06-6596 Proposed rule.

This rule proposes to amend regulations for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by adding three requirements mandated by the Child Nutrition and WIC Reauthorization Act of 2004 concerning retail vendors authorized by WIC State agencies to provide supplemental food to WIC participants in exchange for WIC food instruments. This rulemaking would require WIC State agencies to notify WIC-authorized retail vendors of an initial violation in writing, for violations requiring a pattern of occurrences in order to impose a sanction, before documenting a subsequent violation, unless notification would compromise an investigation. In addition, State agencies would be required to maintain a list of State- licensed wholesalers, distributors, and retailers, and infant formula manufacturers registered with the Food and Drug Administration, and would require WIC-authorized retail vendors to purchase infant formula only from sources on the list. Further, State agencies would be required to prohibit the authorization of or payments to WIC-authorized vendors that derive more than 50 percent of their annual food sales revenue from WIC food instruments ("above-50-percent vendors") and which provide incentive items or other free merchandise, except food or merchandise of nominal value, to program participants or customers unless the vendor provides the State agency with proof that the vendor obtained the incentive items or merchandise at no cost. The intent of these provisions is to, respectively, enhance due process for vendors; prevent defective infant formula from being consumed by infant WIC participants; and ensure that the WIC Program does not pay the cost of incentive items provided by above-50-percent vendors in the form of high food prices. Finally, this rule also proposes to adjust the vendor civil money penalty (CMP) levels to reflect inflation.

To be assured of consideration, comments on this proposed rule must be received by the Food and Nutrition Service on or before October 2, 2006. Debra Whitford, Chief, Policy and Program Development Branch, Supplemental Food Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 528, Alexandria, Virginia, 22302, (703) 305-2746, OR Debbie.Whitford@fns.usda.gov. Food Assistance Programs Food Donations Grant Programs-Social Programs Indians Infants and Children Maternal and Child Health Nutrition Education Public Assistance Programs WIC Women Child nutrition programs: Women, infants, and children; special supplemental nutrition program; discretionary WIC vendor provisions, Debbie.Whitford@fns.usda.gov wichq-sfpd@fns.usda.gov http://www.fns.usda.gov/wic http://www.regulations.gov Vol. 71, no. 147 Office of the Federal Register, National Archives and Records Administration 2006-08-01 continuing daily deposited born digital 305 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2006-08-01 P0b002ee1809690cc 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr01au06 https://www.govinfo.gov/app/details/FR-2006-08-01 https://www.govinfo.gov/content/pkg/FR-2006-08-01/pdf/FR-2006-08-01.pdf https://www.govinfo.gov/content/pkg/FR-2006-08-01/xml/FR-2006-08-01.xml fdlp 43343 43639 DGPO 2010-09-22 2024-06-06 FR-2006-08-01 machine generated eng FR FR-2006-08-01 71 147