Appendix B - WIC Regulations

Appendix B
7 CFR 246 - WIC Regulations
OMB Control Number 0584-0332

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR Part 246 (Feb. 27, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 7 —Agriculture
Subtitle B —Regulations of the Department of Agriculture
Chapter II —Food and Nutrition Service, Department of Agriculture
Subchapter A —Child Nutrition Programs
Part 246 Special Supplemental Nutrition Program for Women, Infants and Children
Subpart A General
§ 246.1 General purpose and scope.
§ 246.2 Definitions.
§ 246.3 Administration.
Subpart B State and Local Agency Eligibility
§ 246.4 State plan.
§ 246.5 Selection of local agencies.
§ 246.6 Agreements with local agencies.
Subpart C Participant Eligibility
§ 246.7 Certification of participants.
§ 246.8 Nondiscrimination.
§ 246.9 Fair hearing procedures for participants.
Subpart D Participant Benefits
§ 246.10 Supplemental foods.
§ 246.11 Nutrition education.
Subpart E State Agency Provisions
§ 246.12 Food delivery methods.
§ 246.13 Financial management system.
§ 246.14 Program costs.
§ 246.15 Program income other than grants.
§ 246.16 Distribution of funds.
§ 246.16a Infant formula and authorized foods cost containment.
§ 246.17 Closeout procedures.
§ 246.18 Administrative review of State agency actions.
Subpart F Monitoring and Review
§ 246.19 Management evaluation and monitoring reviews.
§ 246.20 Audits.
§ 246.21 Investigations.
Subpart G Miscellaneous Provisions
§ 246.22 Administrative appeal of FNS decisions.
§ 246.23 Claims and penalties.
7 CFR Part 246 (Feb. 27, 2025) (enhanced display)

page 1 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

§ 246.24
§ 246.25
§ 246.26
§ 246.27
§ 246.28
§ 246.29

7 CFR Part 246 (Feb. 27, 2025)

Procurement and property management.
Records and reports.
Other provisions.
Program information.
OMB control numbers.
Waivers of program requirements.

PART 246—SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS AND CHILDREN
Authority: 42 U.S.C. 1786.
Source: 50 FR 6121, Feb. 13, 1985, unless otherwise noted.

Editorial Note: Nomenclature changes to part 246 appear at 76 FR 35097, June 16, 2011.
Subpart A—General
§ 246.1 General purpose and scope.
This part announces regulations under which the Secretary of Agriculture shall carry out the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC Program). Section 17 of the Child Nutrition Act of 1966, as
amended, states in part that the Congress finds that substantial numbers of pregnant, postpartum and
breastfeeding women, infants and young children from families with inadequate income are at special risk with
respect to their physical and mental health by reason of inadequate nutrition or health care, or both. The purpose of
the Program is to provide supplemental foods and nutrition education, including breastfeeding promotion and
support, through payment of cash grants to State agencies which administer the Program through local agencies at
no cost to eligible persons. The Program shall serve as an adjunct to good health care during critical times of
growth and development, in order to prevent the occurrence of health problems, including drug and other harmful
substance abuse, and to improve the health status of these persons. The program shall be supplementary to SNAP;
any program under which foods are distributed to needy families in lieu of SNAP benefits; and receipt of food or
meals from soup kitchens, or shelters, or other forms of emergency food assistance.
[50 FR 6121, Feb. 13, 1985, as amended at 54 FR 51294, Dec. 14, 1989; 58 FR 11506, Feb. 26, 1993; 76 FR 59888, Sept. 28, 2011]

§ 246.2 Definitions.
For the purpose of this part and all contracts, guidelines, instructions, forms and other documents related hereto,
the term:
2 CFR part 200, means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions
(subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost
Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and
Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program).
7 CFR 246.2 “2 CFR part 200” (enhanced display)

page 2 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Above-50-percent vendors”

Above-50-percent vendors means vendors that derive more than 50 percent of their annual food sales revenue
from WIC food instruments, and new vendor applicants expected to meet this criterion under guidelines
approved by FNS.
Affirmative Action Plan means that portion of the State Plan which describes how the Program will be initiated
and expanded within the State's jurisdiction in accordance with § 246.4(a).
A-130 means Office of Management and Budget Circular A-130, which provides guidance for the coordinated
development and operation of information systems.
Applicants means pregnant women, breastfeeding women, postpartum women, infants, and children who are
applying to receive WIC benefits, and the breastfed infants of applicant breastfeeding women. Applicants
include individuals who are currently participating in the program but are re-applying because their
certification period is about to expire.
Authorized supplemental foods means those supplemental foods authorized by the State or local agency for
issuance to a particular participant.
Breastfeeding means the practice of feeding a mother's breastmilk to her infant(s) on the average of at least
once a day.
Breastfeeding women means women up to one year postpartum who are breastfeeding their infants.
Cash-value voucher means a fixed-dollar amount check, voucher, electronic benefit transfer (EBT) card or other
document which is used by a participant to obtain authorized fruits and vegetables. Cash-value voucher is
also known as cash-value benefit (CVB) in an EBT environment.
Categorical eligibility means persons who meet the definitions of pregnant women, breastfeeding women,
postpartum women, or infants or children.
Certification means the implementation of criteria and procedures to assess and document each applicant's
eligibility for the Program.
Children means persons who have had their first birthday but have not yet attained their fifth birthday.
Clinic means a facility where applicants are certified.
Competent professional authority means an individual on the staff of the local agency authorized to determine
nutritional risk and prescribe supplemental foods. The following persons are the only persons the State
agency may authorize to serve as a competent professional authority: Physicians, nutritionists (bachelor's
or master's degree in Nutritional Sciences, Community Nutrition, Clinical Nutrition, Dietetics, Public Health
Nutrition or Home Economics with emphasis in Nutrition), dieticians, registered nurses, physician's
assistants (certified by the National Committee on Certification of Physician's Assistants or certified by
the State medical certifying authority), or State or local medically trained health officials. This definition
also applies to an individual who is not on the staff of the local agency but who is qualified to provide data
upon which nutritional risk determinations are made by a competent professional authority on the staff of
the local agency.
Competitive bidding means a procurement process under which FNS or the State agency selects a single source
(such as a single infant formula manufacturer offering the lowest price), as determined by the submission
of sealed bids, for a product for which bids are sought for use in the Program.

7 CFR 246.2 “Competitive bidding” (enhanced display)

page 3 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Compliance buy”

Compliance buy means a covert, on-site investigation in which a representative of the Program poses as a
participant, parent or caretaker of an infant or child participant, or proxy, transacts one or more food
instruments or cash-value vouchers, and does not reveal during the visit that he or she is a program
representative.
Contract brand infant formula means all infant formulas (except exempt infant formulas) produced by the
manufacturer awarded the infant formula cost containment contract. If under a single solicitation the
manufacturer subcontracts for soy-based infant formula, then all soy-based infant formulas covered by
the subcontract are also considered contract brand infant formulas (see § 246.16a(c)(1)(i)). If a State
agency elects to solicit separate bids for milk-based and soy-based infant formulas, all infant formulas
issued under each contract are considered the contract brand infant formula (see § 246.16a(c)(1)(ii)). For
example, all of the milk-based infant formulas issued by a State agency that are produced by the
manufacturer that was awarded the milk-based contract are considered contract brand infant formulas.
Similarly, all of the soy-based infant formulas issued by a State agency that are produced by the
manufacturer that was awarded the soy-based contract are also considered to be contract brand infant
formulas. Contract brand infant formulas also include all infant formulas (except exempt infant formulas)
introduced after the contract is awarded.
Cost containment measure means a competitive bidding, rebate, direct distribution, or home delivery system
implemented by a State agency as described in its approved State Plan of operation and administration.
CSFP means the Commodity Supplemental Food Program administered by the Department, authorized by
section 5 of the Agriculture and Consumer Protection Act of 1973, as amended, and governed by part 247
of this title.
Days means calendar days.
Department means the U.S. Department of Agriculture.
Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or
more of the major life activities of such individual, a record of such an impairment, or being regarded as
having such an impairment. See 28 CFR 35.108.
Discount means, with respect to a State agency that provides Program foods to participants without the use of
retail grocery stores (such as a State agency that provides for the home delivery or direct distribution of
supplemental food), the amount of the price reduction or other price concession provided to any State
agency by the manufacturer or supplier of the particular food product as the result of the purchase of
Program food by each such State agency, or its representative, from the manufacturer or supplier.
Disqualification means the act of ending the Program participation of a participant, authorized food vendor, or
authorized State or local agency, whether as a punitive sanction or for administrative reasons.
Documentation means the presentation of written documents which substantiate statements made by an
applicant or participant or a person applying on behalf of an applicant.
Drug means:
(a) A beverage containing alcohol;
(b) A controlled substance (having the meaning given it in section 102(6) of the Controlled Substance
Act (21 U.S.C. 802(6)); or
(c) A controlled substance analogue (having the meaning given it in section 102(32) of the Controlled
Substance Act (21 U.S.C. 802(32)).
7 CFR 246.2 “Drug” (c) (enhanced display)

page 4 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Dual participation”

Dual participation means simultaneous participation in the Program in one or more than one WIC clinic, or
participation in the Program and in the CSFP during the same period of time.
EBT Capable means the WIC vendor demonstrates their cash register system or payment device can accurately
and securely obtain WIC food balances associated with an EBT card, maintain the necessary files such as
the authorized product list, hot card file and claim file and successfully complete WIC EBT purchases.
Electronic Benefit Transfer (EBT) means a method that permits electronic access to WIC food benefits using a
card or other access device approved by the Secretary.
Electronic signature means an electronic sound, symbol, or process, attached to or associated with an
application or other record and executed and or adopted by a person with the intent to sign the record.
Emergency period means a period during which there exists:
(1) A presidentially declared major disaster as defined under section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) A presidentially declared emergency as defined under section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(3) A public health emergency declared by the Secretary of HHS under section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(4) A renewal of such a public health emergency pursuant to section 319.
Employee fraud and abuse means the intentional conduct of a State, local agency or clinic employee which
violates program regulations, policies, or procedures, including, but not limited to, misappropriating or
altering food instruments or cash-value vouchers, entering false or misleading information in case
records, or creating case records for fictitious participants.
Exempt infant formula means an infant formula that meets the requirements for an exempt infant formula under
section 412(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(h)) and the regulations at 21
CFR parts 106 and 107.
Family means a group of related or nonrelated individuals who are living together as one economic unit, except
that residents of a homeless facility or an institution shall not all be considered as members of a single
family.
Farmer means an individual authorized by the State agency to sell eligible fruits and vegetables to participants
at a farmers' market or roadside stands. Individuals who exclusively sell produce grown by someone else,
such as wholesale distributors, cannot be authorized.
Farmers' market means an association of local farmers who assemble at a defined location for the purpose of
selling their produce directly to consumers.
Fiscal year means the period of 12 calendar months beginning October 1 of any calendar year and ending
September 30 of the following calendar year.
FNS means the Food and Nutrition Service of the U.S. Department of Agriculture.
Food costs means the costs of supplemental foods, determined in accordance with § 246.14(b).
Food delivery system means the method used by State and local agencies to provide supplemental foods to
participants.
7 CFR 246.2 “Food delivery system” (enhanced display)

page 5 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Food instrument”

Food instrument means a voucher, check, electronic benefits transfer card (EBT), coupon or other document
which is used by a participant to obtain supplemental foods.
Food sales means sales of all SNAP eligible foods intended for home preparation and consumption, including
meat, fish, and poultry; bread and cereal products; dairy products; fruits and vegetables. Food items such
as condiments and spices, coffee, tea, cocoa, and carbonated and noncarbonated drinks may be included
in food sales when offered for sale along with foods in the categories identified above. Food sales do not
include sales of any items that cannot be purchased with SNAP benefits, such as hot foods or food that
will be eaten in the store.
Full nutrition benefit means the minimum amount of reconstituted fluid ounces of liquid concentrate infant
formula as specified in Table 1 of § 246.10(e)(9) for each food package category and infant feeding
variation (e.g., Food Package IA fully formula fed, IA-FF).
Health services means ongoing, routine pediatric and obstetric care (such as infant and child care and prenatal
and postpartum examinations) or referral for treatment.
High-risk vendor means a vendor identified as having a high probability of committing a vendor violation through
application of the criteria established in § 246.12(j)(3) and any additional criteria established by the State
agency.
Home food delivery contractor means a sole proprietorship, partnership, cooperative association, corporation, or
other business entity that contracts with a State agency to deliver authorized supplemental foods to the
residences of participants under a home food delivery system.
Homeless facility means the following types of facilities which provide meal service. A supervised publicly or
privately operated shelter (including a welfare hotel or congregate shelter) designed to provide temporary
living accommodations; a facility that provides a temporary residence for individuals intended to be
institutionalized; or a public or private place not designed for, or normally used as, a regular sleeping
accommodation for human beings.
Homeless individual means a woman, infant or child:
(a) Who lacks a fixed and regular nighttime residence; or
(b) Whose primary nighttime residence is:
(1) A supervised publicly or privately operated shelter (including a welfare hotel, a congregate
shelter, or a shelter for victims of domestic violence) designated to provide temporary living
accommodation;
(2) An institution that provides a temporary residence for individuals intended to be
institutionalized;
(3) A temporary accommodation of not more than 365 days in the residence of another individual;
or
(4) A public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.
IHS

means the Indian Health Service of the U.S. Department of Health and Human Services.

7 CFR 246.2 “IHS” (enhanced display)

page 6 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Infant formula”

Infant formula means a food that meets the definition of an infant formula in section 201(z) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(z)) and that meets the requirements for an infant formula under
section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) and the regulations at 21 CFR
parts 106 and 107.
Institution means any residential accommodation which provides meal service, except private residences and
homeless facilities.
Infants means persons under one year of age.
Inventory audit means the examination of food invoices or other proofs of purchase to determine whether a
vendor has purchased sufficient quantities of supplemental foods to provide participants the quantities
specified on food instruments redeemed by the vendor during a given period of time.
Local agency means:
(a) A public or private, nonprofit health or human service agency which provides health services, either
directly or through contract, in accordance with § 246.5;
(b) an IHS service unit;
(c) an Indian tribe, band or group recognized by the Department of the Interior which operates a health
clinic or is provided health services by an IHS service unit; or
(d) an intertribal council or group that is an authorized representative of Indian tribes, bands or groups
recognized by the Department of the Interior, which operates a health clinic or is provided health
services by an IHS service unit.
Members of populations means persons with a common special need who do not necessarily reside in a
specific geographic area, such as off-reservation Indians or migrant farmworkers and their families.
Migrant farmworker means an individual whose principal employment is in agriculture on a seasonal basis, who
has been so employed within the last 24 months, and who establishes, for the purposes of such
employment, a temporary abode.
Multi-function equipment means Point-of-Sale equipment obtained by a WIC vendor through commercial
suppliers, which is capable of supporting WIC EBT and other payment tender types.
Net price means the difference between an infant formula manufacturer's lowest national wholesale price per
unit for a full truckload of infant formula and the rebate level or the discount offered or provided by the
manufacturer under an infant formula cost containment contract.
Non-contract brand infant formula means all infant formula, including exempt infant formula, that is not covered
by an infant formula cost containment contract awarded by that State agency.
Nonprofit agency means a private agency which is exempt from income tax under the Internal Revenue Code of
1954, as amended.
Nutrition education means individual and group sessions and the provision of materials that are designed to
improve health status and achieve positive change in dietary and physical activity habits, and that
emphasize the relationship between nutrition, physical activity, and health, all in keeping with the personal
and cultural preferences of the individual.

7 CFR 246.2 “Nutrition education” (enhanced display)

page 7 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
7 CFR 246.2 “Nutrition Services and Administration (NSA)
Special Supplemental Nutrition Program for Women, Infants and Children
Costs”

Nutrition Services and Administration (NSA) Costs means those direct and indirect costs, exclusive of food costs,
as defined in § 246.14(c), which State and local agencies determine to be necessary to support Program
operations. Costs include, but are not limited to, the costs of Program administration, start-up, monitoring,
auditing, the development of and accountability for food delivery systems, nutrition education and
breastfeeding promotion and support, outreach, certification, and developing and printing food
instruments and cash-value vouchers.
Nutritional risk means:
(a) Detrimental or abnormal nutritional conditions detectable by biochemical or anthropometric
measurements;
(b) Other documented nutritionally related medical conditions;
(c) Dietary deficiencies that impair or endanger health;
(d) Conditions that directly affect the nutritional health of a person, including alcoholism or drug abuse;
or
(e) Conditions that predispose persons to inadequate nutritional patterns or nutritionally related medical
conditions, including, but not limited to, homelessness and migrancy.
OIG

means the Department's Office of the Inspector General.

Other harmful substances means other substances such as tobacco, prescription drugs and over-the-counter
medications that can be harmful to the health of the WIC population, especially the pregnant woman and
her fetus.
Partially-redeemed food instrument means a paper food instrument which is redeemed for less than all of the
supplemental foods authorized for that food instrument.
Participant violation means any deliberate action of a participant, parent, or caretaker of an infant or child
participant, or proxy that violates Federal or State statutes, regulations, policies, or procedures governing
the Program. Participant violations include, but are not limited to, deliberately making false or misleading
statements or deliberately misrepresenting, concealing, or withholding facts, to obtain benefits; selling or
offering to sell WIC benefits, cash-value vouchers, paper food instruments, EBT cards, supplemental
foods, or breast pumps in person, in print, or online; exchanging or attempting to exchange WIC benefits,
cash-value vouchers, paper food instruments, EBT cards, supplemental foods, or breast pumps for cash,
credit, services, non-food items, or unauthorized food items, including supplemental foods in excess of
those listed on the participant's food instrument; threatening to harm or physically harming clinic, farmer,
farmers' market, or vendor staff; and dual participation.
Participants means pregnant women, breastfeeding women, postpartum women, infants and children who are
receiving supplemental foods or food instruments or cash-value vouchers under the Program, and the
breastfed infants of participant breastfeeding women.
Participation means the sum of:
(1) The number of persons who received supplemental foods or food instruments during the reporting
period;
(2) The number of infants who did not receive supplemental foods or food instruments but whose
breastfeeding mother received supplemental foods or food instruments during the report period; and

7 CFR 246.2 “Participation” (2) (enhanced display)

page 8 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Participation” (3)

(3) The number of breastfeeding women who did not receive supplemental foods or food instruments
but whose infant received supplemental foods or food instruments during the report period.
Postpartum women means women up to six months after termination of pregnancy.
Poverty income guidelines means the poverty income guidelines prescribed by the Department of Health and
Human Services. These guidelines are adjusted annually by the Department of Health and Human
Services, with each annual adjustment effective July 1 of each year. The poverty income guidelines
prescribed by the Department of Health and Human Services shall be used for all States, as defined in this
section, except for Alaska and Hawaii. Separate poverty income guidelines are prescribed for Alaska and
Hawaii.
Pregnant women means women determined to have one or more embryos or fetuses in utero.
Price adjustment means an adjustment made by the State agency, in accordance with the vendor agreement, to
the purchase price on a food instrument after it has been submitted by a vendor for redemption to ensure
that the payment to the vendor for the food instrument complies with the State agency's price limitations.
Primary contract infant formula means the specific infant formula for which manufacturers submit a bid to a
State agency in response to a rebate solicitation and for which a contract is awarded by the State agency
as a result of that bid.
Program means the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized
by section 17 of the Child Nutrition Act of 1966, as amended.
Proxy means any person designated by a woman participant, or by a parent or caretaker of an infant or child
participant, to obtain and transact food instruments or cash-value vouchers or to obtain supplemental
foods on behalf of a participant. The proxy must be designated consistent with the State agency's
procedures established pursuant to § 246.12(r)(1). Parents or caretakers applying on behalf of child and
infant participants are not proxies.
Qualified administrative requirement means a statutory requirement under Section 17 of the Child Nutrition Act
of 1966 (CNA; 42 U.S.C. 1786) or a regulatory requirement issued pursuant to this section.
Rebate means the amount of money refunded under cost containment procedures to any State agency from the
manufacturer of the particular food product as the result of the purchase of the supplemental food with a
voucher or other purchase instrument by a participant in each State agency's program. Such rebates shall
be payments made subsequent to the exchange of a food instrument for food.
Recall means recall as defined in 21 CFR 7.3(g) or any successor regulation. Recalls may be conducted
voluntarily by a manufacturer or may be required by FDA.
Remote Indian or Native village means an Indian or Native village that is located in a rural area, has a population
of less than 5,000 inhabitants, and is not accessible year-round by means of a public road (as defined in
23 U.S.C. 101).
Routine monitoring means overt, on-site monitoring during which program representatives identify themselves to
vendor personnel.
Secretary means the Secretary of Agriculture.
SFPD means the Supplemental Food Programs Division of the Food and Nutrition Service of the U.S.
Department of Agriculture.

7 CFR 246.2 “SFPD” (enhanced display)

page 9 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Sign or signature”

Sign or signature means a handwritten signature on paper or an electronic signature. If the State agency
chooses to use electronic signatures, the State agency must ensure the reliability and integrity of the
technology used and the security and confidentiality of electronic signatures collected in accordance with
sound management practices, and applicable Federal law and policy, and the confidentiality requirements
in § 246.26.
Single-function equipment means Point-of-Sale equipment, such as barcode scanners, card readers, PIN pads
and printers, provided to an authorized WIC vendor solely for use with the WIC Program.
State means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
State agency means the health department or comparable agency of each State; an Indian tribe, band or group
recognized by the Department of the Interior; an intertribal council or group which is an authorized
representative of Indian tribes, bands or groups recognized by the Department of the Interior and which
has an ongoing relationship with such tribes, bands or groups for other purposes and has contracted with
them to administer the Program; or the appropriate area office of the IHS.
State alliance means two or more State agencies that join together for the purpose of procuring infant formula
under the Program by soliciting competitive bids for infant formula.
State Plan means a plan of Program operation and administration that describes the manner in which the State
agency intends to implement and operate all aspects of Program administration within its jurisdiction in
accordance with § 246.4.
Statewide EBT means the State agency has converted all WIC clinics to an EBT delivery method and all
authorized vendors are capable of transacting EBT purchases.
Supplemental foods means those foods containing nutrients determined by nutritional research to be lacking in
the diets of pregnant, breastfeeding and postpartum women, infants, and children, and foods that
promote the health of the population served by the WIC Program as indicated by relevant nutrition
science, public health concerns, and cultural eating patterns, as prescribed by the Secretary in § 246.10.
Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, is the program
authorized by the Food and Nutrition Act of 2008 (7 U.S.C. 2011, et. seq.), in which eligible households
receive benefits that can be used to purchase food items from authorized retail stores and farmers'
markets.
Supply chain disruption means a shortage of WIC supplemental foods that limits WIC participants' ability
reasonably to purchase supplemental foods using WIC benefits within a State agency's jurisdiction, as
determined, and declared by the Secretary for the purposes of WIC.
USDA implementing regulations include the following: 2 CFR part 400, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program
Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and
Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on
Lobbying.
Vendor means a sole proprietorship, partnership, cooperative association, corporation, or other business entity
operating one or more stores authorized by the State agency to provide authorized supplemental foods to
participants under a retail food delivery system. Each store operated by a business entity constitutes a

7 CFR 246.2 “Vendor” (enhanced display)

page 10 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.2 “Vendor authorization”

separate vendor and must be authorized separately from other stores operated by the business entity.
Each store must have a single, fixed location, except when the authorization of mobile stores is necessary
to meet the special needs described in the State agency's State Plan in accordance with §
246.4(a)(14)(xiv).
Vendor authorization means the process by which the State agency assesses, selects, and enters into
agreements with stores that apply or subsequently reapply to be authorized as vendors.
Vendor limiting criteria means criteria established by the State agency to determine the maximum number and
distribution of vendors it authorizes pursuant to § 246.12(g)(2).
Vendor overcharge means intentionally or unintentionally charging the State agency more for authorized
supplemental foods than is permitted under the vendor agreement. It is not a vendor overcharge when a
vendor submits a food instrument for redemption and the State agency makes a price adjustment to the
food instrument.
Vendor peer group system means a classification of authorized vendors into groups based on common
characteristics or criteria that affect food prices, for the purpose of applying appropriate competitive price
criteria to vendors at authorization and limiting payments for food to competitive levels.
Vendor selection criteria means the criteria established by the State agency to select individual vendors for
authorization consistent with the requirements in § 246.12(g)(3) and (g)(4).
Vendor violation means any intentional or unintentional action of a vendor's current owners, officers, managers,
agents, or employees (with or without the knowledge of management) that violates the vendor agreement
or Federal or State statutes, regulations, policies, or procedures governing the Program.
WIC means the Special Supplemental Nutrition Program for Women, Infants and Children authorized by
section 17 of the Child Nutrition Act of 1966, 42 U.S.C. 1786.
WIC-eligible nutritionals for participants with qualifying conditions (hereafter referred to as “WIC-eligible
nutritionals”)
means certain enteral products that are specifically formulated and commercially manufactured (as
opposed to a naturally occurring foodstuff used in its natural state) to provide nutritional support for
individuals with a qualifying condition, when the use of conventional foods is precluded, restricted, or
inadequate. Such WIC-eligible nutritionals must serve the purpose of a food, meal, or diet (may be
nutritionally complete or incomplete) and provide a source of calories and one or more nutrients; be
designed for enteral digestion via an oral or tube feeding; and may not be a conventional food, drug,
flavoring, or enzyme. WIC-eligible nutritionals include many, but not all, products that meet the definition
of medical food in section 5(b)(3) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)).
[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985]

Editorial Note: For FEDERAL REGISTER citations affecting § 246.2, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 246.3 Administration.
(a) Delegation to FNS. Within the Department, FNS shall act on behalf of the Department in the administration
of the Program. Within FNS, SFPD and the Regional Offices are responsible for Program administration.
FNS shall provide assistance to State and local agencies and evaluate all levels of Program operations to
ensure that the goals of the Program are achieved in the most effective and efficient manner possible.
7 CFR 246.3(a) (enhanced display)

page 11 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.3(b)

(b) Delegation to the State agency. The State agency is responsible for the effective and efficient
administration of the Program in accordance with the requirements of this part; the Department's
regulations governing nondiscrimination (7 CFR parts 15, 15a, and 15b); governing administration of
grants (2 CFR part 200, subparts A through F and USDA implementing regulations 2 CFR part 400 and
part 415); governing non-procurement debarment/suspension (2 CFR part 180, OMB Guidelines to
Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR
part 417); governing restrictions on lobbying (2 CFR part 200, subpart E and USDA implementing
regulations 2 CFR part 400, part 415, and part 418); and governing the drug-free workplace requirements
(2 CFR part 182, Government-wide Requirements for Drug-Free Workplace); FNS guidelines; and,
instructions issued under the FNS Directives Management System. The State agency shall provide
guidance to local agencies on all aspects of Program operations.
(c) Agreement and State Plan.
(1) Each State agency desiring to administer the Program shall annually submit a State Plan and enter
into a written agreement with the Department for administration of the Program in the jurisdiction of
the State agency in accordance with the provisions of this part.
(2) The written agreement shall include a certification regarding lobbying and, if applicable, a disclosure
of lobbying activities, as required by 2 CFR part 200, subpart E and USDA implementing regulations 2
CFR part 400, part 415, and part 418.
(3) The written agreement must include a statement that supports full use of Federal funds provided to
State agencies for the administration of the WIC Program, and excludes such funds from State
budget restrictions or limitations including hiring freezes, work furloughs, and travel restrictions.
(d) State agency eligibility. A State agency shall be ineligible to participate in the WIC Program if State or local
sales tax is collected on WIC food purchases in the area in which it administers the program, except that,
if sales tax is collected on WIC food purchases by sovereign Indian entities which are not State agencies,
the State agency shall remain eligible if any vendors collecting such tax are disqualified.
(e) State staffing standards. Each State agency shall ensure that sufficient staff is available to administer an
efficient and effective Program including, but not limited to, the functions of nutrition education,
breastfeeding promotion and support, certification, food delivery, fiscal reporting, monitoring, and training.
Based on the June participation of the previous fiscal year, each State agency, as a minimum, shall
employ the following staff:
(1) A full-time or equivalent administrator when the monthly participation level exceeds 1,500, or a halftime or equivalent administrator when the monthly participation exceeds 500.
(2) At least one full-time or equivalent Program specialist for each 10,000 participants above 1,500, but
the State agency need not employ more than eight Program specialists unless the State agency
considers it necessary. Program specialists should be utilized for providing fiscal management and
technical assistance, monitoring vendors, reviewing local agencies, training, and nutritional services,
or other Program duties as assigned by the State agency.
(3) For nutrition-related services, one full-time or equivalent nutritionist when the monthly participation is
above 1,500, or a half-time or equivalent nutritionist when the monthly participation exceeds 500.
The nutritionist shall be named State WIC Nutrition Coordinator and shall meet State personnel
standards and qualifications in paragraphs (e)(3) (i), (ii), (iii), (iv), or (v) of this section and have the
qualifications in paragraph (e)(3)(vi) of this section. Upon request, an exception to these
qualifications may be granted by FNS. The State WIC Nutrition Coordinator shall—
7 CFR 246.3(e)(3) (enhanced display)

page 12 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

(i)

7 CFR 246.3(e)(3)(i)

Hold a Master's degree with emphasis in food and nutrition, community nutrition, public health
nutrition, nutrition education, human nutrition, nutrition science or equivalent and have at least
two years responsible experience as a nutritionist in education, social service, maternal and
child health, public health, nutrition, or dietetics; or

(ii) Be registered or eligible for registration with the American Dietetic Association and have at
least two years experience; or
(iii) Have at least a Bachelor of Science or Bachelor of Arts degree, from an accredited four-year
institution, with emphasis in food and nutrition, community nutrition, public health nutrition,
nutrition education, human nutrition, nutrition science or equivalent and have at least three
years of responsible experience as a nutritionist in education, social service, maternal and child
health, public health nutrition, or dietetics; or
(iv) Be qualified as a Senior Public Health Nutritionist under the Department of Health and Human
Services guidelines; or
(v) Meet the IHS standards for a Public Health Nutritionist; and
(vi) Have at least one of the following: Program development skills, education background and
experience in the development of educational and training resource materials, community
action experience, counseling skills or experience in participant advocacy.
(4) A designated breastfeeding promotion coordinator, to coordinate breastfeeding promotion efforts
identified in the State plan in accordance with the requirement of § 246.4(a)(9) of this part. The
person to whom the State agency assigns this responsibility may perform other duties as well.
(5) A staff person designated for food delivery system management. The person to whom the State
agency assigns this responsibility may perform other duties as well.
(6) The State agency shall enforce hiring practices which comply with the nondiscrimination criteria set
forth in § 246.8. The hiring of minority staff is encouraged.
(f) Delegation to local agency. The local agency shall provide Program benefits to participants in the most
effective and efficient manner, and shall comply with this part, the Department's regulations governing
nondiscrimination (7 CFR parts 15, 15a, 15b), the regulations governing the administration of grants (2
CFR part 200, subpart A-F and USDA implementing regulations 2 CFR part 400 and part 415), Office of
Management and Budget Circular A-130, and State agency and FNS guidelines and instructions.
[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985, as amended at 52 FR 21236, June 4, 1987; 59 FR 11499, Mar. 11, 1994; 65
FR 83277, Dec. 29, 2000; 71 FR 56728, Sept. 27, 2006; 76 FR 37983, June 29, 2011; 76 FR 59888, Sept. 28, 2011; 81 FR 10449, Mar.
1, 2016; 81 FR 66494, 66495, Sept. 28, 2016]

Subpart B—State and Local Agency Eligibility
§ 246.4 State plan.
(a) Requirements. By August 15 of each year, each State agency shall submit to FNS for approval a State Plan
for the following fiscal year as a prerequisite to receiving funds under this section. The State agency may
submit the State Plan in the format provided by FNS guidance. Alternatively, the State agency may submit
the Plan in combination with other federally required planning documents or develop its own format,
provided that the information required below is included. FNS requests advance notification that a State
agency intends to use an alternative format. The State Plan shall be signed by the State designated
7 CFR 246.4(a) (enhanced display)

page 13 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(1)

official responsible for ensuring that the Program is operated in accordance with the State Plan. FNS will
provide written approval or denial of a completed State Plan or amendment within 30 days of receipt.
Within 15 days after FNS receives an incomplete Plan, FNS will notify the State agency that additional
information is needed to complete the Plan. Any disapproval will be accompanied by a statement of the
reasons for the disapproval. After receiving approval of the State Plan, each State agency shall only
submit to FNS for approval substantive changes in the State Plan. A complete and approved Plan shall
include:
(1) An outline of the State agency's goals and objectives for improving Program operations, to include
EBT and/or EBT implementation.
(2) A budget for nutrition services and administration funds, and an estimate of food expenditures.
(3) An estimate of Statewide participation for the coming fiscal year by category of women, infants and
children.
(4) The State agency staffing pattern.
(5) An Affirmative Action Plan which includes—
(i)

A list of all areas and special populations, in priority order based on relative need, within the
jurisdiction of the State agency, the State agency's plans to initiate or expand operations under
the Program in areas most in need of supplemental foods, including plans to inform
nonparticipating local agencies of the availability and benefits of the Program and the
availability of technical assistance in implementing the Program, and a description of how the
State agency will take all reasonable actions to identify potential local agencies and encourage
agencies to implement or expand operations under the Program within the following year in the
neediest one-third of all areas unserved or partially served;

(ii) An estimate of the number of potentially eligible persons in each area and a list of the areas in
the Affirmative Action Plan which are currently operating the Program and their current
participation, which participant priority levels as specified in § 246.7 are being reached in each
of these areas, and which areas in the Affirmative Action Plan are currently operating CSFP and
their current participation; and
(iii) A list of the names and addresses of all local agencies.
(6) Plans to provide program benefits to eligible migrant farmworkers and their families, to Indians, and
to homeless individuals.
(7) The State agency's plans, to be conducted in cooperation with local agencies, for informing eligible
persons of the availability of Program benefits, including the eligibility criteria for participation, the
location of local agencies operating the Program, and the institutional conditions of § 246.7(n)(1)(i)
of this part, with emphasis on reaching and enrolling eligible women in the early months of
pregnancy and migrants. Such information shall be publicly announced by the State agency and by
local agencies at least annually. Such information shall also be distributed to offices and
organizations that deal with significant numbers of potentially eligible persons, including health and
medical organizations, hospitals and clinics, welfare and unemployment offices, social service
agencies, farmworker organizations, Indian tribal organizations, organizations and agencies serving
homeless individuals, and religious and community organizations in low-income areas.
(8) A description of how the State agency plans to coordinate program operations with other services or
programs that may benefit participants in, or applicants for, the program.
7 CFR 246.4(a)(8) (enhanced display)

page 14 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(9)

(9) The State agency's nutrition education goals and action plans to include:
(i)

A description of the methods that will be used to provide drug and other harmful substance
abuse information, to promote and support breastfeeding, and to meet the special nutrition
education needs of migrant farmworkers and their families, Indians, and homeless persons.

(ii) State agencies have the option to provide nutrition education materials to institutions
participating in the CACFP at no cost, as long as a written agreement for sharing such
materials is in place between the relevant WIC and CACFP entities. State agencies may initiate
a sharing agreement with their State-level CACFP counterparts that would apply statewide, or
may authorize their local agencies or clinics to initiate a sharing agreement at the local level
with their local level CACFP counterparts.
(10) For Indian State or local agencies that wish to apply for the alternate income determination
procedure in accordance with § 246.7(d)(2)(vii), documentation that the majority of Indian
household members have incomes below eligibility criteria.
(11) A copy of the procedure manual developed by the State agency for guidance to local agencies in
operating the Program. The manual shall include—
(i)

Certification procedures, including:
(A) A list of the specific nutritional risk criteria by priority level which explains how a person's
nutritional risk is determined;
(B) Hematological data requirements including timeframes for the collection of such data;
(C) The procedures for requiring proof of pregnancy, consistent with § 246.7(c)(2)(ii), if the
State agency chooses to require such proof;
(D) The State agency's income guidelines for Program eligibility;
(E) Adjustments to the participant priority system (see § 246.7(e)(4)) to accommodate highrisk postpartum women or the addition of Priority VII; and,
(F) Alternate language for the statement of rights and responsibilities which is provided to
applicants, parents, or caretakers when applying for benefits as outlined in § 246.7(i)(10)
and (j)(2)(i) through (j)(2)(iii). This alternate language must be approved by FNS before it
can be used in the required statement.

(ii) Methods for providing nutrition education, including breastfeeding promotion and support, to
participants. Nutrition education will include information on drug abuse and other harmful
substances. Participants will include homeless individuals.
(iii) Instructions concerning all food delivery operations performed at the local level, including the
list of acceptable foods and their maximum monthly quantities as required by § 246.10(b)(2)(i).
(iv) Instructions for providing all records and reports which the State agency requires local agencies
to maintain and submit; and
(v) Instructions on coordinating operations under the program with drug and other harmful
substance abuse counseling and treatment services.
(12) A description of the State agency's financial management system.

7 CFR 246.4(a)(12) (enhanced display)

page 15 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(13)

(13) A description of how the State agency will distribute nutrition services and administration funds,
including start-up funds, to local agencies operating under the Program.
(14) A description of the food delivery system as it operates at the State agency level, including—
(i)

Type of system. All food delivery systems in use within the State agency's jurisdiction;

(ii) Vendor limiting and selection criteria. Vendor limiting criteria, if used by the State agency, and
the vendor selection criteria established by the State agency consistent with the requirements
in § 246.12(g)(3) and (g)(4);
(iii) A sample vendor, farmer and/or farmers' market, if applicable, agreement. The sample vendor
agreement must include the sanction schedule, the process for notification of violations in
accordance with § 246.12(l)(3), and the State agency's policies and procedures on incentive
items in accordance with § 246.12(g)(3)(iv), which may be incorporated as attachments or, if
the sanction schedule, the process for notification of violations, or policies on incentive items
are in the State agency's regulations, through citations to the regulations. State agencies that
intend to delegate signing of vendor, farmer and/or farmers' market agreements to local
agencies must describe the State agency supervision and instruction that will be provided to
ensure the uniformity and quality of local agency activities;
(iv) Vendor monitoring. The system for monitoring vendors to ensure compliance and prevent fraud,
waste, and program noncompliance, and the State agency's plans for improvement in the
coming year in accordance with § 246.12(j). The State agency must also include the criteria it
will use to determine which vendors will receive routine monitoring visits. State agencies that
intend to delegate any aspect of vendor monitoring responsibilities to a local agency or
contractor must describe the State agency supervision and instruction that will be provided to
ensure the uniformity and quality of vendor monitoring;
(v) Farmer monitoring. The system for monitoring farmers and/or farmers' markets within its
jurisdiction, if applicable, for compliance with program requirements;
(vi) Options regarding trafficking convictions. The option exercised by the State agency to sanction
vendors pursuant to § 246.12(l)(1)(i).
(vii) Food instruments and cash-value vouchers. A facsimile of the food instrument and cash-value
voucher, if used, and a description of the system the State agency will use to account for the
disposition of food instruments and cash value vouchers in accordance with § 246.12(q);
(viii) Names of contractors. The names of companies, excluding authorized vendors, with whom the
State agency has contracted to participate in the operation of the food delivery system;
(ix) Nutrition services and administration funds conversion For State agencies applying for authority
to convert food funds to nutrition services and administration funds under § 246.16(g), a full
description of their proposed cost-cutting system or system modification;
(x) Homeless participants. If the State agency plans to adapt its food delivery system to
accommodate the needs of homeless individuals, a description of such adaptations;
(xi) Infant formula cost containment. A description of any infant formula cost containment system.
A State agency must submit a State Plan or Plan amendment if it is attempting to structure and
justify a system that is not a single-supplier competitive bidding system for infant formula in
accordance with § 246.16a(d); is requesting a waiver for an infant formula cost containment
7 CFR 246.4(a)(14)(xi) (enhanced display)

page 16 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(14)(xii)

system under § 246.16a(e); or, is planning to change or modify its current system or implement
a system for the first time. The amendment must be submitted at least 90 days before the
proposed effective date of the system change. The plan amendment must include
documentation for requests for waivers based on interference with efficient or effective
program operations; a cost comparison analysis conducted under § 246.16a(d)(2); and a
description of the proposed cost containment system. If FNS disputes supporting plan
amendment documentation, it will deem the Plan amendment incomplete under this paragraph
(a), and will provide the State agency with a statement outlining disputed issues within 15 days
of receipt of the Plan amendment. The State agency may not enter into any infant formula cost
containment contract until the disputed issues are resolved and FNS has given its consent. If
necessary, FNS may grant a postponement of implementation of an infant formula cost
containment system under § 246.16a(f). If at the end of the postponement period issues
remain unresolved the State agency must proceed with a cost containment system judged by
FNS to comply with the provisions of this part. If the State agency does not comply, it will be
subject to the penalties set forth in § 246.16a(i);
(xii) Vendor, farmer and/or farmers' market training. The procedures the State agency will use to train
vendors (in accordance with § 246.12(i)), farmers and/or farmers' markets (in accordance with
§ 246.12(v)). State agencies that intend to delegate any aspect of training to a local agency,
contractor, vendor or farmer representative must describe the supervision and instructions that
will be provided by the State agency to ensure the uniformity and quality of vendor, farmer and/
or farmers' market training;
(xiii) Food instrument and cash-value voucher security. A description of the State agency's system for
ensuring food instrument and cash-value voucher security in accordance with § 246.12(p);
(xiv) Participant access determination criteria. A description of the State agency's participant access
determination criteria consistent with § 246.12(l); and
(xv) Mobile stores. The special needs necessitating the authorization of mobile stores, if the State
agency chooses to authorize such stores.
(xvi) Vendor cost containment. A description of the State agency's vendor peer group system,
competitive price criteria, and allowable reimbursement levels that demonstrates that the State
agency is in compliance with the cost containment provisions in § 246.12(g)(4); information on
non-profit above-50-percent vendors that the State agency has exempted from competitive
price criteria and allowable reimbursement levels in § 246.12(g)(4)(iv); a justification and
documentation supporting the State agency's request for an exemption from the vendor peer
group requirement in § 246.12(g)(4), if applicable; and, if the State agency authorizes any
above-50-percent vendors, information required by FNS to determine whether the State
agency's vendor cost containment system meets the requirements in § 246.12(g)(4)(i).
(xvii) Other cost containment systems. A description of any other food cost containment systems
(such as juice and cereal rebates and food item restrictions).
(xviii) List of infant formula wholesalers, distributors, and retailers. The policies and procedures for
compiling and distributing to authorized WIC retail vendors, on an annual or more frequent
basis, as required by § 246.12(g)(11), a list of infant formula wholesalers, distributors, and
retailers licensed in the State in accordance with State law (including regulations), and infant
formula manufacturers registered with the Food and Drug Administration (FDA) that provide

7 CFR 246.4(a)(14)(xviii) (enhanced display)

page 17 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(14)(xix)

infant formula. The vendor may provide only the authorized infant formula which the vendor
has obtained from a source included on the list described in § 246.12(g)(11) to participants in
exchange for food instruments specifying infant formula.
(xix) A description of how the State agency will replace lost, stolen, or damaged EBT cards and
transfer the associated benefits within seven business days.
(xx) A description of the procedures established by the State agency to provide customer service
during non-business hours that enable participants or proxies to report a lost, stolen, or
damaged card, report other card or benefit issues, receive information on the EBT food balance
and receive the current benefit end date. The procedures shall address how the State agency
will respond to reports of a lost, stolen, or damaged card within one business day of the date of
report.
(15) The State agency's procedures for accepting and processing vendor applications outside of its
established timeframes if the State agency determines there will otherwise be inadequate
participant access to the WIC Program.
(16) The State agency's plans to prevent and identify dual participation in accordance with § 246.7(l)(1)(i)
and (l)(1)(ii). In States where the Program and the CSFP operate in the same area, or where an Indian
State agency operates a Program in the same area as a geographic State agency, a copy of the
written agreement between the State agencies for the detection and prevention of dual participation
shall be submitted.
(17) A description of the procedures the State will use to comply with the civil rights requirements
described in § 246.8, including the processing of discrimination complaints.
(18) A copy of the State agency's fair hearing procedures for participants and the administrative appeal
procedures for local agencies, food vendors, farmers and farmers' markets.
(19) The State agency's plan to ensure that participants receive required health and nutrition
assessments when certified for a period of greater than six months.
(20) The State agency's plan to reach and enroll migrants, and eligible women in the early months of
pregnancy.
(21) The State agency's plan to establish, to the extent practicable, that homeless facilities, and
institutions if it chooses to make the Program available to them, meet the conditions established in
§ 246.7(n)(1)(i) of this part, if residents of such accommodations are to be eligible to receive WIC
Program benefits.
(22) A plan to provide program benefits to unserved infants and children under the care of foster parents,
protective services, or child welfare authorities, including infants exposed to drugs perinatally.
(23) A plan to improve access to the Program for participants and prospective applicants who are
employed or who reside in rural areas, by addressing their special needs through the adoption or
revision of procedures and practices to minimize the time participants and applicants must spend
away from work and the distances participants and applicants must travel. The State agency shall
also describe any plans for issuance of food instruments and cash-value vouchers to employed or
rural participants, or to any other segment of the participant population, through means other than
direct participant pick-up, pursuant to § 246.12(r)(4). Such description shall also include measures
to ensure the integrity of Program services and fiscal accountability. The State agency will also
describe its policy for approving transportation of participants to and from WIC clinics.
7 CFR 246.4(a)(23) (enhanced display)

page 18 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(24)

(24) Assurance that each local agency and any subgrantees of the State agency and/or local agencies
are in compliance with the requirements of 2 CFR part 180, OMB Guidelines to Agencies on
Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417
regarding nonprocurement debarment/suspension.
(25) A description of the State agency's plans to provide and maintain a drug-free workplace in
compliance with requirements in 2 CFR part 180, Government-wide Requirements for Drug-Free
Workplace (Financial Assistance) and USDA implementing regulation 2 CFR part 421.
(26) A list of all organizations with which the State agency or its local agencies has executed or intends
to execute a written agreement pursuant to § 246.26(h) authorizing the use and disclosure of
confidential applicant and participant information for non-WIC purposes.
(27) The State agency's policies and procedures for preventing conflicts of interest at the local agency or
clinic level in a reasonable manner. At a minimum, this plan must prohibit the following WIC
certification practices by local agency or clinic employees, or provide effective alternative policies
and procedures when such prohibition is not possible:
(i)

Certifying oneself;

(ii) Certifying relatives or close friends; or,
(iii) One employee determining eligibility for all certification criteria and issuing food instruments,
cash-value vouchers or supplemental food for the same participant.
(28) The State agency's plan for collecting and maintaining information on cases of participant and
employee fraud and abuse. Such information should include the nature of the fraud detected and the
associated dollar losses.
(29) The State agency's Universal Identifier number.
(30) Plans of alternate operating procedures, commonly referred to as disaster plans, to support the
continuation of WIC services during an emergency period as defined at § 246.2, supply chain
disruption as defined at § 246.2, and supplemental food recall. State agencies must consider the
unique and sudden nature of an emergency period, supplemental food recall, and other supply chain
disruptions when developing alternate operating procedures. Alternate procedures must describe
the process by which the State agency will minimize the negative impact to WIC operations and
services and ensure the availability of authorized supplemental foods, especially infant formula, to
the extent feasible. At a minimum, alternate operating procedures must include(i)

A plan to address operation of specific Program areas including(A) Access to Program records;
(B) Alternate certification and benefit issuance
(C) Verification of Certification (VOC) issuance
(D) Food package adjustments;
(E) Vendor requirements;
(F) Benefit redemption; and
(G) Food delivery systems.

7 CFR 246.4(a)(30)(i)(G) (enhanced display)

page 19 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.4(a)(30)(ii)

(ii) A plan to ensure continuity of WIC services and address the needs of participants with
documented qualifying conditions receiving Food Package III, rural areas, Indian tribal
organizations, and other priority populations in the affected area as applicable;
(iii) A designated emergency contact within the State agency for emergency periods, supplemental
food recalls, and other supply chain disruptions;
(iv) A designated emergency contact within the State agency to address the needs of participants
with documented qualifying conditions receiving Food Package III;
(v) A plan to establish relationships with relief agencies responsible for disaster and public health
emergency planning applicable to the State agency's jurisdiction and participants to support
data-informed approaches when responding to emergency periods, supplemental food recalls,
and other supply chain disruptions;
(vi) A plan to limit the disruption of infant formula benefits in the event of an emergency period,
supplemental food recall, and other supply chain disruptions;
(vii) A communications plan to keep FNS, State and local agency staff, authorized WIC vendors, WIC
participants, and the public informed during an emergency period supplemental food recall, and
other supply chain disruptions;
(viii) A plan to report to FNS on alternate operating procedures implemented during an emergency
period, supplemental food recall, and other supply chain disruptions which includes Program
data and information on the impact of benefit use and delivery; and
(ix) A plan to adjust State agency specific minimum requirements for the variety and quantity of
supplemental foods that a vendor applicant must stock to be authorized.
(b) Public comment. The State agency shall establish a procedure under which members of the general public
are provided an opportunity to comment on the development of the State agency plan.
(c) Amendments. At any time after approval, the State agency may amend the State Plan to reflect changes.
The State agency shall submit the amendments to FNS for approval. The amendments shall be signed by
the State designated official responsible for ensuring that the Program is operated in accordance with the
State Plan.
(d) Retention of copy. A copy of the approved State Plan or the WIC portion of the State's composite plan of
operations shall be kept on file at the State agency for public inspection.
[50 FR 6121, Feb. 13, 1985]

Editorial Note For FEDERAL REGISTER citations affecting § 246.4, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 246.5 Selection of local agencies.
(a) General. This section sets forth the procedures the State agency shall perform in the selection of local
agencies and the expansion, reduction, and disqualification of local agencies already in operation. In
making decisions to intitiate, continue, and discontinue the participation of local agencies, the State
agency shall give consideration to the need for Program benefits as delineated in the Affirmative Action
Plan.
7 CFR 246.5(a) (enhanced display)

page 20 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.5(b)

(b) Application of local agencies. The State agency shall require each agency, including subdivisions of the
State agency, which desires approval as a local agency, to submit a written local agency application. After
the receipt of an incomplete application, the State agency shall provide written notification to the
applicant agency of the additional information needed. After the receipt of a complete application, the
State agency shall notify the applicant agency in writing of the approval or disapproval of its application.
When an application is disapproved, the State agency shall advise the applicant agency of the reasons for
disapproval and of the right to appeal as set forth in § 246.18. When an agency submits an application
and there are no funds to serve the area, the applicant agency shall be notified that there are currently no
funds available for Program initiation or expansion. The applicant agency shall be notified by the State
agency when funds become available.
(c) Program initiation and expansion. The State agency shall meet the following requirements concerning
Program initiation and expansion:
(1) The State agency will consider the Affirmative Action Plan (see § 246.4(a)(5)) when funding local
agencies and expanding existing operations, and may consider how much of the current need is
being met at each priority level. The selection criteria cited in paragraph (d)(1) of this section shall
be applied to each area or special population before eliminating that area from consideration and
serving the next area of special population. The State agency shall consider the number of
participants in each priority level being served by existing local agencies in determining when it is
appropriate to move into additional areas in the Affirmative Action Plan or to expand existing
operations in an area. Additionally, the State agency shall consider the total number of people
potentially eligible in each area compared to the number being served.
(2) The State agency shall provide a written justification to FNS for not funding an agency to serve the
highest priority area or special population. Such justification may include its inability to administer
the Program, lack of interest expressed for operating the Program, or for those areas or special
populations which are under consideration for expansion of an existing operation, a determination
by the State agency that there is a greater need for funding an agency serving an area or special
population not operating the Program. The State agency shall use the participant priority system in §
246.7 as a measurement of greater need in such determination.
(3) The State agency may fund more than one local agency to serve the same area or special population
as long as more than one local agency is necessary to serve the full extent of need in that area or
special population.
(d) Local agency priority system. The State agency shall establish standards for the selection of new local
agencies. Such standards shall include the following considerations:
(1) The State agency shall consider the following priority system, which is based on the relative
availability of health and administrative services, in the selection of local agencies:
(i)

First consideration shall be given to a public or a private nonprofit health agency that will
provide ongoing, routine pediatric and obstetric care and administrative services.

(ii) Second consideration shall be given to a public or a private nonprofit health or human service
agency that will enter into a written agreement with another agency for either ongoing, routine
pediatric and obstetric care or administrative services.

7 CFR 246.5(d)(1)(ii) (enhanced display)

page 21 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.5(d)(1)(iii)

(iii) Third consideration shall be given to a public or private nonprofit health agency that will enter
into a written agreement with private physicians, licensed by the State, in order to provide
ongoing, routine pediatric and obstetric care to a specific category of participants (women,
infants or children).
(iv) Fourth consideration shall be given to a public or private nonprofit human service agency that
will enter into a written agreement with private physicians, licensed by the State, to provide
ongoing, routine pediatric and obstetric care.
(v) Fifth consideration shall be given to a public or private nonprofit health or human service
agency that will provide ongoing, routine pediatric and obstetric care through referral to a health
provider.
(2) The State agency must, when seeking new local agencies, publish a notice in the local media (unless
it has received an application from a local public or nonprofit private health agency that can provide
adequate services). The notice will include a brief explanation of the Program, a description of the
local agency priority system (outlined in this paragraph (d)), and a request that potential local
agencies notify the State agency of their interest. In addition, the State agency will contact all
potential local agencies to make sure they are aware of the opportunity to apply. If an application is
not submitted within 30 days, the State agency may then select a local agency in another area. If
sufficient funds are available, a State agency will give notice and consider applications outside the
local area at the same time.
(e) Disqualification of local agencies.
(1) The State agency may disqualify a local agency—
(i)

When the State agency determines noncompliance with Program regulations;

(ii) When the State's Program funds are insufficient to support the continued operation of all its
existing local agencies at their current participation level; or
(iii) When the State agency determines, following a review of local agency credentials in
accordance with paragraph (f) of this section, that another local agency can operate the
Program more effectively and efficiently.
(2) The State agency may establish its own criteria for disqualification of local agencies. The State
agency shall notify the local agency of any State-established criteria. In addition to any State
established criteria, the State agency shall consider, at a minimum—
(i)

The availability of other community resources to participants and the cost efficiency and cost
effectiveness of the local agency in terms of both food and nutrition services and
administration costs;

(ii) The percentages of participants in each priority level being served by the local agency and the
percentage of need being met in each participant category;
(iii) The relative position of the area or special population served by the local agency in the
Affirmative Action Plan;
(iv) The local agency's place in the priority system in paragraph (d)(1) of this section; and
(v) The capability of another local agency or agencies to accept the local agency's participants.
(3) When disqualifying a local agency under the Program, the State agency shall—
7 CFR 246.5(e)(3) (enhanced display)

page 22 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

(i)

7 CFR 246.5(e)(3)(i)

Make every effort to transfer affected participants to another local agency without disruption of
benefits;

(ii) Provide the affected local agency with written notice not less than 60 days in advance of the
pending action which includes an explanation of the reasons for disqualification, the date of
disqualification, and, except in cases of the expiration of a local agency's agreement, the local
agency's right to appeal as set forth in § 246.18; and
(iii) Ensure that the action is not in conflict with any existing written agreements between the State
and the local agency.
(f) Periodic review of local agency qualifications. The State agency may conduct periodic reviews of the
qualifications of authorized local agencies under its jurisdiction. Based upon the results of such reviews
the State agency may make appropriate adjustments among the participating local agencies, including
the disqualification of a local agency when the State agency determines that another local agency can
operate the Program more effectively and efficiently. In conducting such reviews, the State agency shall
consider the factors listed in paragraph (e)(2) of this section in addition to whatever criteria it may
develop. The State agency shall implement the procedures established in paragraph (e)(3) of this section
when disqualifying a local agency.
[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985; 65 FR 53527, Sept. 5, 2000; 71 FR 56728, Sept. 27, 2006]

§ 246.6 Agreements with local agencies.
(a) Signed written agreements. The State agency shall enter into a signed written agreement with each local
agency, including subdivisions of the State agency, which sets forth the local agency's responsibilities for
Program operations as prescribed in this part. Copies of the agreement shall be kept on file at both the
State and local agencies for purposes of review and audit in accordance with §§ 246.19 and 246.20.
Neither the State agency nor the local agency has an obligation to renew the agreement. The expiration of
an agreement is not subject to appeal. The State agency shall provide local agencies with advance written
notice of the expiration of an agreement as required under §§ 246.5(e)(3)(ii) and 246.18(b)(1).
(b) Provisions of agreement. The agreement between the State agency and each local agency shall ensure
that the local agency—
(1) Complies with all the fiscal and operational requirements prescribed by the State agency pursuant to
debarment and suspension requirements and if applicable, the lobbying restrictions of 2 CFR part
200, subpart E, and USDA implementing regulations 2 CFR part 400, part 415, and part 417, and FNS
guidelines and instructions, and provides on a timely basis to the State agency all required
information regarding fiscal and Program information;
(2) Has a competent professional authority on the staff of the local agency and the capabilities
necessary to perform the certification procedures;
(3) Makes available appropriate health services to participants and informs applicants of the health
services which are available;
(4) Prohibits smoking in the space used to carry out the WIC Program during the time any aspect of WIC
services are performed;

7 CFR 246.6(b)(4) (enhanced display)

page 23 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.6(b)(5)

(5) Has a plan for continued efforts to make health services available to participants at the clinic or
through written agreements with health care providers when health services are provided through
referral;
(6) Provides nutrition education services, including breastfeeding promotion and support, to
participants, in compliance with § 246.11 and FNS guidelines and instructions;
(7) Implements a food delivery system prescribed by the State agency pursuant to § 246.12 and
approved by FNS;
(8) Maintains complete, accurate, documented and current accounting of all Program funds received
and expended;
(9) Maintains on file and has available for review, audit, and evaluation all criteria used for certification,
including information on the area served, income standards used, and specific criteria used to
determine nutritional risk; and
(10) Does not discriminate against persons on the grounds of race, color, national origin, age, sex or
handicap; and compiles data, maintains records and submits reports as required to permit effective
enforcement of the nondiscrimination laws.
(c) Indian agencies. Each Indian State agency shall ensure that all local agencies under its jurisdiction serve
primarily Indian populations.
(d) Health and human service agencies. When a health agency and a human service agency comprise the
local agency, both agencies shall together meet all the requirements of this part and shall enter into a
written agreement which outlines all Program responsibilities of each agency. The agreement shall be
approved by the State agency during the application process and shall be on file at both the State and
local agency. No Program funds shall be used to reimburse the health agency for the health services
provided. However, costs of certification borne by the health agency may be reimbursed.
(e) Health or human service agencies and private physicians. When a health or human service agency and
private physician(s) comprise the local agency, all parties shall together meet all of the requirements of
this part and shall enter into a written agreement which outlines the inter-related Program responsibilities
between the physician(s) and the local agency. The agreement shall be approved by the State agency
during the application process and shall be on file at both agencies. The local agency shall advise the
State agency on its application of the name(s) and address(es) of the private physician(s) participating
and obtain State agency approval of the written agreement. A competent professional authority on the
staff of the health or human service agency shall be responsible for the certification of participants. No
Program funds shall be used to reimburse the private physician(s) for the health services provided.
However, costs of certification data provided by the physician(s) may be reimbursed.
(f) Outreach/Certification In Hospitals. The State agency shall ensure that each local agency operating the
program within a hospital and/or that has a cooperative arrangement with a hospital:
(1) Advises potentially eligible individuals that receive inpatient or outpatient prenatal, maternity, or
postpartum services, or that accompany a child under the age of 5 who receives well-child services,
of the availability of program services; and
(2) To the extent feasible, provides an opportunity for individuals who may be eligible to be certified
within the hospital for participation in the WIC Program.

7 CFR 246.6(f)(2) (enhanced display)

page 24 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7

[50 FR 6121, Feb. 13, 1985, as amended at 59 FR 11500, Mar. 11, 1994; 63 FR 63974, Nov. 18, 1998; 76 FR 59889, Sept. 28, 2011;
81 FR 66495, Sept. 28, 2016]

Subpart C—Participant Eligibility
§ 246.7 Certification of participants.
(a) Integration with health services. To lend administrative efficiency and participant convenience to the
certification process, whenever possible, Program intake procedures shall be combined with intake
procedures for other health programs or services administered by the State and local agencies. Such
merging may include verification procedures, certification interviews, and income computations. Local
agencies shall maintain and make available for distribution to all pregnant, postpartum, and breastfeeding
women and to parents or caretakers of infants and children applying for and participating in the Program
a list of local resources for drug and other harmful substance abuse counseling and treatment.
(b) Program referral and access. State and local agencies shall provide WIC Program applicants and
participants or their designated proxies with information on other health-related and public assistance
programs, and when appropriate, shall refer applicants and participants to such programs.
(1) The State agency shall provide each local WIC agency with materials showing the maximum income
limits, according to family size, applicable to pregnant women, infants, and children up to age 5
under the medical assistance program established under Title XIX of the Social Security Act (in this
section, referred to as the “Medicaid Program”). The local agency shall, in turn, provide to adult
individuals applying or reapplying for the WIC Program for themselves or on behalf of others, written
information about the Medicaid Program. If such individuals are not currently participating in
Medicaid but appear to have family income below the applicable maximum income limits for the
program, the local agency shall also refer these individuals to Medicaid, including the referral of
infants and children to the appropriate entity in the area authorized to determine eligibility for early
and periodic screening, diagnostic, and treatment (EPSDT) services, and, the referral of pregnant
women to the appropriate entity in the area authorized to determine presumptive eligibility for the
Medicaid Program, if such determinations are being offered by the State.
(2) State agencies shall provide WIC services at community and migrant health centers, Indian Health
Services facilities, and other federally health care supported facilities established in medically
underserved areas to the extent feasible.
(3) Local agencies may provide information about other potential sources of food assistance in the local
area to adult individuals applying or reapplying in person for the WIC Program for themselves or on
behalf of others, when such applicants cannot be served because the Program is operating at
capacity in the local area.
(4) Each local agency that does not routinely schedule appointments shall schedule appointments for
employed adult individuals seeking to apply or reapply for participation in the WIC Program for
themselves or on behalf of others so as to minimize the time such individuals are absent from the
workplace due to such application.
(5) Each local agency shall attempt to contact each pregnant woman who misses her first appointment
to apply for participation in the Program in order to reschedule the appointment. At the time of initial
contact, the local agency shall request an address and telephone number where the pregnant
woman can be reached.
(c) Eligibility criteria and basic certification procedures.
7 CFR 246.7(c) (enhanced display)

page 25 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(c)(1)

(1) To qualify for the Program, infants, children, and pregnant, postpartum, and breastfeeding women
must:
(i)

Reside within the jurisdiction of the State (except for Indian State agencies). Indian State
agencies may establish a similar requirement. All State agencies may determine a service area
for any local agency, and may require that an applicant reside within the service area. However,
the State agency may not use length of residency as an eligibility requirement.

(ii) Meet the income criteria specified in paragraph (d) of this section.
(iii) Meet the nutritional risk criteria specified in paragraph (e) of this section.
(2)
(i)

At certification, the State or local agency must require each applicant to present proof of
residency (i.e., location or address where the applicant routinely lives or spends the night) and
proof of identity. The State or local agency must also check the identity of participants, or in the
case of infants or children, the identity of the parent or guardian, or proxies when issuing food,
cash-value vouchers or food instruments. The State agency may authorize the certification of
applicants when no proof of residency or identity exists (such as when an applicant or an
applicant's parent is a victim of theft, loss, or disaster; a homeless individual; or a migrant
farmworker). In these cases, the State or local agency must require the applicant to confirm in
writing his/her residency or identity. Further, an individual residing in a remote Indian or Native
village or an individual served by an Indian tribal organization and residing on a reservation or
pueblo may establish proof of residency by providing the State agency their mailing address
and the name of the remote Indian or Native village.

(ii) For a State agency opting to require proof of pregnancy, the State agency may issue benefits to
applicants who claim to be pregnant (assuming that all other eligibility criteria are met) but
whose conditions (as pregnant) are not visibly noticeable and do not have documented proof of
pregnancy at the time of the certification interview and determination. The State agency should
then allow a reasonable period of time, not to exceed 60 days, for the applicant to provide the
requested documentation. If such documentation is not provided as requested, the woman can
no longer be considered categorically eligible, and the local agency would then be justified in
terminating the woman's WIC participation in the middle of a certification period.
(3) A State, a State agency, and an Indian Tribal Organization (including, an Indian tribe, band, or group
recognized by the Department of the Interior; or an intertribal council or group which is an authorized
representative of Indian tribes, bands or groups recognized by the Department of the Interior and
which has an ongoing relationship with such tribes, bands or groups for other purposes and has
contracted with them to administer the Program) serving as a State agency, may limit WIC
participation to United States citizens, nationals, and qualified aliens as these terms are defined in
the Immigration and Nationality Laws (8 U.S.C. 1101 et seq.). State agencies that implement this
option shall inform FNS of their intentions and provide copies of the procedures they will establish
regarding the limitation of WIC services to United States citizens, nationals, and qualified aliens.
(4) The certification procedure shall be performed at no cost to the applicant.
(d) Income criteria and income eligibility determinations. The State agency shall establish, and provide local
agencies with, income guidelines, definitions, and procedures to be used in determining an applicant's
income eligibility for the Program.

7 CFR 246.7(d) (enhanced display)

page 26 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(d)(1)

(1) Income eligibility guidelines. The State agency may prescribe income guidelines either equaling the
income guidelines established under section 9 of the National School Lunch Act for reduced-price
school meals or identical to State or local guidelines for free or reduced-price health care. However,
in conforming Program income guidelines to health care guidelines, the State agency shall not
establish Program guidelines which exceed the guidelines for reduced-price school meals or are less
than 100 percent of the revised poverty income guidelines issued annually by the Department of
Health and Human Services. Program applicants who meet the requirements established by
paragraph (d)(2)(vi)(A) of this section shall not be subject to the income limits established by State
agencies under this paragraph.
(i)

Local agency income eligibility guidelines. Different guidelines may be prescribed for different
local agencies within the State provided that the guidelines are the ones used by the local
agencies for determining eligibility for free or reduced-price health care.

(ii) Annual adjustments in the income guidelines. On or before June 1 each year, FNS will announce
adjustments in the income guidelines for reduced-price meals under section 9 of the National
School Lunch Act, based on annual adjustments in the revised poverty income guidelines
issued by the Department of Health and Human Services.
(iii) Implementation of the income guidelines. On or before July 1 each year, each State agency
shall announce and transmit to each local agency the State agency's family size income
guidelines, unless changes in the poverty income guidelines issued by the Department of
Health and Human Services do not necessitate changes in the State or local agency's income
guidelines. The State agency may implement revised guidelines concurrently with the
implementation of income guidelines under the Medicaid program established under Title XIX
of the Social Security Act (42 U.S.C. 1396 of et seq.). The State agency shall ensure that
conforming adjustments are made, if necessary, in local agency income guidelines. The local
agency shall implement (revised) guidelines not later than July 1 of each year for which such
guidelines are issued by the State.
(2) Income eligibility determinations. The State agency shall ensure that local agencies determine
income through the use of a clear and simple application form provided or approved by the State
agency.
(i)

Timeframes for determining income. In determining the income eligibility of an applicant, the
State agency may instruct local agencies to consider the income of the family during the past
12 months and the family's current rate of income to determine which indicator more
accurately reflects the family's status. However, persons from families with adult members who
are unemployed shall be eligible based on income during the period of unemployment if the
loss of income causes the current rate of income to be less than the State or local agency's
income guidelines for Program eligibility.

(ii) Definition of “Income”. If the State agency uses the National School Lunch reduced-priced meal
income guidelines, as specified in paragraph (d)(1) of this section, it shall use the following
definition of income: Income for the purposes of this part means gross cash income before
deductions for income taxes, employees' social security taxes, insurance premiums, bonds, etc.
Income includes the following—
(A) Monetary compensation for services, including wages, salary, commissions, or fees;
(B) Net income from farm and non-farm self-employment;
7 CFR 246.7(d)(2)(ii)(B) (enhanced display)

page 27 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(d)(2)(ii)(C)

(C) Social Security benefits;
(D) Dividends or interest on savings or bonds, income from estates or trusts, or net rental
income;
(E) Public assistance or welfare payments;
(F) Unemployment compensation;
(G) Government civilian employee or military retirement or pensions or veterans' payments;
(H) Private pensions or annuities;
(I)

Alimony or child support payments;

(J) Regular contributions from persons not living in the household;
(K) Net royalties; and
(L) Other cash income. Other cash income includes, but is not limited to, cash amounts
received or withdrawn from any source including savings, investments, trust accounts and
other resources which are readily available to the family.
(iii) Use of a State or local health care definition of “Income”. If the State agency uses State or local
free or reduced-price health care income guidelines, it will ensure that the definitions of income
(see paragraph (d)(2)(ii) of this section), family (see § 246.2) and allowable exclusions from
income (see paragraph (d)(2)(iv) of this section) are used uniformly to determine an applicant's
income eligibility. This ensures that households with a gross income in excess of 185 percent
of the Federal income guidelines (see paragraph (d)(1) of this section) are not eligible for
Program benefits. The exception to this requirement is persons who are also income eligible
under other programs (see paragraph (d)(2)(vi) of this section).
(iv) Income exclusions.
(A) In determining income eligibility, the State agency may exclude from consideration as
income any:
(1) Basic allowance for housing received by military services personnel residing off
military installations or in privatized housing, whether on- or off-base; and
(2) Cost-of-living allowance provided under 37 U.S.C. 405, to a member of a uniformed
service who is on duty outside the contiguous states of the United States.
(B) The value of inkind housing and other inkind benefits, shall be excluded from
consideration as income in determining an applicant's eligibility for the program.
(C) Loans, not including amounts to which the applicant has constant or unlimited access.
(D) Payments or benefits provided under certain Federal programs or acts are excluded from
consideration as income by legislative prohibition. The payments or benefits which must
be excluded from consideration as income include, but are not limited to:
(1) Reimbursements from the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (Pub. L. 91-646, sec. 216, 42 U.S.C. 4636);

7 CFR 246.7(d)(2)(iv)(D)(1) (enhanced display)

page 28 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(d)(2)(iv)(D)(2)

(2) Any payment to volunteers under Title I (VISTA and others) and Title II (RSVP, foster
grandparents, and others) of the Domestic Volunteer Service Act of 1973 (Pub. L.
93-113, sec. 404(g), 42 U.S.C. 5044(g)) to the extent excluded by that Act;
(3) Payment to volunteers under section 8(b)(1)(B) of the Small Business Act (SCORE
and ACE) (Pub. L. 95-510, sec. 101, 15 U.S.C. 637(b)(1)(D));
(4) Income derived from certain submarginal land of the United States which is held in
trust for certain Indian tribes (Pub. L. 94-114, sec. 6, 25 U.S.C. 459e);
(5) Payments received under the Job Training Partnership Act (Pub. L. 97-300, sec.
142(b), 29 U.S.C. 1552(b));
(6) Income derived from the disposition of funds to the Grand River Band of Ottawa
Indians (Pub. L. 94-540, sec. 6);
(7) Payments received under the Alaska Native Claims Settlement Act (Pub. L. 100-241,
sec. 15, 43 U.S.C. sec. 1626(c));
(8) The value of assistance to children or their families under the National School Lunch
Act, as amended (Pub. L. 94-105, sec. 9(d), 42 U.S.C. sec. 1760(e)), the Child
Nutrition Act of 1966 (Pub. L. 89-642, sec. 11(b), 42 U.S.C. sec. 1780(b)), and the
Food and Nutrition Act of 2008 (Pub. L. 95-113, sec. 1301, 7 U.S.C. sec. 2017(b));
(9) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of
the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (Pub. L.
95-433, sec. 2, 25 U.S.C. 609c-1);
(10) Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their
members received pursuant to the Maine Indian Claims Settlement Act of 1980 (Pub.
L. 96-420, sec. 6, 9(c), 25 U.S.C. 1725(i), 1728(c));
(11) Payments under the Low-income Home Energy Assistance Act, as amended (Pub. L.
99-125, sec. 504(c), 42 U.S.C. sec. 8624(f));
(12) Student financial assistance received from any program funded in whole or part
under Title IV of the Higher Education Act of 1965, including the Pell Grant,
Supplemental Educational Opportunity Grant, State Student Incentive Grants,
National Direct Student Loan, PLUS, College Work Study, and Byrd Honor Scholarship
programs, which is used for costs described in section 472 (1) and (2) of that Act
(Pub. L. 99-498, section 479B, 20 U.S.C. 1087uu). The specified costs set forth in
section 472 (1) and (2) of the Higher Education Act are tuition and fees normally
assessed a student carrying the same academic workload as determined by the
institution, and including the costs for rental or purchase of any equipment,
materials, or supplies required of all students in the same course of study; and an
allowance for books, supplies, transportation, and miscellaneous personal expenses
for a student attending the institution on at least a half-time basis, as determined by
the institution. The specified costs set forth in section 472 (1) and (2) of the Act are
those costs which are related to the costs of attendance at the educational
institution and do not include room and board and dependent care expenses;

7 CFR 246.7(d)(2)(iv)(D)(12) (enhanced display)

page 29 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(d)(2)(iv)(D)(13)

(13) Payments under the Disaster Relief Act of 1974, as amended by the Disaster Relief
and Emergency Assistance Amendments of 1989 (Pub. L. 100-707, sec. 105(i), 42
U.S.C. sec. 5155(d));
(14) Effective July 1, 1991, payments received under the Carl D. Perkins Vocational
Education Act, as amended by the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 (Pub. L. 101-392, sec. 501, 20 U.S.C. sec.
2466d);
(15) Payments pursuant to the Agent Orange Compensation Exclusion Act (Pub. L.
101-201, sec. 1);
(16) Payments received for Wartime Relocation of Civilians under the Civil Liberties Act of
1988 (Pub. L. 100-383, sec. 105(f)(2), 50 App. U.S.C. sec. 1989b-4(f)(2));
(17) Value of any child care payments made under section 402(g)(1)(E) of the Social
Security Act, as amended by the Family Support Act (Pub. L. 100-485, sec. 301, 42
U.S.C. sec. 602 (g)(1)(E));
(18) Value of any “at-risk” block grant child care payments made under section 5081 of
Pub. L. 101-508, which amended section 402(i) of the Social Security Act;
(19) Value of any child care provided or paid for under the Child Care and Development
Block Grant Act, as amended (Pub. L. 102-586, Sec. 8(b)), 42 U.S.C. 9858q);
(20) Mandatory salary reduction amount for military service personnel which is used to
fund the Veteran's Educational Assistance Act of 1984 (GI Bill), as amended (Pub. L.
99-576, sec. 303(a)(1), 38 U.S.C. sec. 1411 (b));
(21) Payments received under the Old Age Assistance Claims Settlement Act, except for
per capita shares in excess of $2,000 (Pub. L. 98-500, sec. 8, 25 U.S.C. sec. 2307);
(22) Payments received under the Cranston-Gonzales National Affordable Housing Act,
unless the income of the family equals or exceeds 80 percent of the median income
of the area (Pub. L. 101-625, sec. 522(i)(4), 42 U.S.C. sec. 1437f nt);
(23) Payments received under the Housing and Community Development Act of 1987,
unless the income of the family increases at any time to not less than 50 percent of
the median income of the area (Pub. L. 100-242, sec. 126(c)(5)(A), 25 U.S.C. sec.
2307);
(24) Payments received under the Sac and Fox Indian claims agreement (Pub. L. 94-189,
sec. 6);
(25) Payments received under the Judgment Award Authorization Act, as amended (Pub.
L. 97-458, sec. 4, 25 U.S.C. sec. 1407 and Pub. L. 98-64, sec. 2(b), 25 U.S.C. sec.
117b(b));
(26) Payments for the relocation assistance of members of Navajo and Hopi Tribes (Pub.
L. 93-531, sec. 22, 22 U.S.C. sec. 640d-21);
(27) Payments to the Turtle Mountain Band of Chippewas, Arizona (Pub. L. 97-403, sec.
9);

7 CFR 246.7(d)(2)(iv)(D)(27) (enhanced display)

page 30 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(d)(2)(iv)(D)(28)

(28) Payments to the Blackfeet, Grosventre, and Assiniboine tribes (Montana) and the
Papago (Arizona) (Pub. L. 97-408, sec. 8(d));
(29) Payments to the Assiniboine Tribe of the Fort Belknap Indian community and the
Assiniboine Tribe of the Fort Peck Indian Reservation (Montana) (Pub. L. 98-124, sec.
5);
(30) Payments to the Red Lake Band of Chippewas (Pub. L. 98-123, sec. 3);
(31) Payments received under the Saginaw Chippewa Indian Tribe of Michigan
Distribution of Judgment Funds Act (Pub. L. 99-346, sec. 6(b)(2));
(32) Payments to the Chippewas of Mississippi (Pub. L. 99-377, sec. 4(b));
(33) Payments received by members of the Armed Forces and their families under the
Family Supplemental Subsistence Allowance from the Department of Defense (Pub.
L. 109-163, sec. 608); and
(34) Payments received by property owners under the National Flood Insurance Program
(Pub. L. 109-64).
(35) Combat pay received by the household member under Chapter 5 of Title 37 or as
otherwise designated by the Secretary.
(v) Are applicants required to document income eligibility?
(A) Adjuctively/automatically income eligible applicants. The State or local agency must
require applicants determined to be adjunctively or automatically income eligible to
document their eligibility for the program that makes them income eligible as set forth in
paragraph (d)(2)(vi) of this section.
(B) Other applicants. The State or local agency must require all other applicants to provide
documentation of family income at certification.
(C) Exceptions. The income documentation requirement does not apply to an individual for
whom the necessary documentation is not available or an individual such as a homeless
woman or child for whom the agency determines the income documentation requirement
would present an unreasonable barrier to participation. Examples of individuals for whom
the necessary documentation is not available include those with no income or no proof of
income (such as an applicant or applicant's parent who is a migrant farmworker or other
individual who works for cash). These are the only exceptions that may be used. When
using these exceptions, the State or local agency must require the applicant to sign a
statement specifying why he/she cannot provide documentation of income. Such a
statement is not required when there is no income.
(D) Verification. The State or local agency may require verification of information it determines
necessary to confirm income eligibility for Program benefits.
(vi) Adjunct or automatic income eligibility.
(A) The State agency shall accept as income-eligible for the Program any applicant who
documents that he/she is:

7 CFR 246.7(d)(2)(vi)(A) (enhanced display)

page 31 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(d)(2)(vi)(A)(1)

(1) Certified as fully eligible to receive SNAP benefits under the Food and Nutrition Act of
2008, or certified as fully eligible, or presumptively eligible pending completion of the
eligibility determination process, to receive Temporary Assistance for Needy Families
(TANF) under Part A of Title IV of the Social Security Act or Medical Assistance (i.e.,
Medicaid) under Title XIX of the Social Security Act; or
(2) A member of a family that is certified eligible to receive assistance under TANF, or a
member of a family in which a pregnant woman or an infant is certified eligible to
receive assistance under Medicaid.
(B) The State agency may accept, as evidence of income within Program guidelines,
documentation of the applicant's participation in State-administered programs not
specified in this paragraph that routinely require documentation of income, provided that
those programs have income eligibility guidelines at or below the State agency's Program
income guidelines.
(C) Persons who are adjunctively income eligible, as set forth in paragraphs (d)(2)(vi)(A) of
this section, shall not be subject to the income limits established under paragraph (d)(1)
of this section.
(vii) Income eligibility of pregnant women. A pregnant woman who is ineligible for participation in the
program because she does not meet income guidelines shall be considered to have satisfied
the income guidelines if the guidelines would be met by increasing the number of individuals in
her family by the number of embryos or fetuses in utero. The same increased family size may
also be used for any of the pregnant woman's categorically eligible family members. The State
agency shall allow applicants to waive this increase in family size.
(viii) Income eligibility of Indian applicants. If an Indian State agency (or a non-Indian State agency
which acts on behalf of a local agency operated by an Indian organization or the Indian Health
Service) submits census data or other reliable documentation demonstrating to FNS that the
majority of the Indian households in a local agency's service area have incomes at or below the
State agency's income eligibility guidelines, FNS may authorize the State agency to approve the
use of an income certification system under which the local Indian agency shall inform each
Indian applicant household of the maximum family income allowed for that applicant's family
size. The local agency shall ensure that the applicant, or the applicant's parent or caretaker,
signs a statement that the applicant's family income does not exceed the maximum. The local
agency may verify the income eligibility of any Indian applicant.
(ix) Are instream migrant farmworkers and their family members required to document income
eligibility? Certain instream migrant farmworkers and their family members with expired
Verification of Certification cards shall be declared to satisfy the State agency's income
standard and income documentation requirements. Such cases include when income of that
instream migrant farmworker is determined at least once every 12 months. Such families shall
satisfy the income criteria in any State for any subsequent certification while the migrant is
instream during the 12-month period following the determination. The determination can occur
either in the migrant's home base area before the migrant has entered the stream for a
particular agricultural season, or in an instream area during the agricultural season.
(e) Nutritional risk. To be certified as eligible for the Program, applicants who meet the Program's eligibility
standards specified in paragraph (c) of this section must be determined to be at nutritional risk. A
competent professional authority on the staff of the local agency shall determine if a person is at
7 CFR 246.7(e) (enhanced display)

page 32 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(e)(1)

nutritional risk through a medical and/or nutritional assessment. This determination may be based on
referral data submitted by a competent professional authority not on the staff of the local agency.
Nutritional risk data shall be documented in the participant's file and shall be used to assess an
applicant's nutritional status and risk; tailor the food package to address nutritional needs; design
appropriate nutrition education, including breastfeeding promotion and support; and make referrals to
health and social services for follow-up, as necessary and appropriate.
Except as stated in paragraph (e)(1)(v) of this section, at least one determination of nutritional risk must
be documented at the time of certification in order for an income eligible applicant to receive WIC
benefits.
(1) Determination of nutritional risk.
(i)

Required nutritional risk data.
(A) At a minimum, height or length and weight measurements shall be performed and/or
documented in the applicant's file at the time of certification. In addition, a hematological
test for anemia such as a hemoglobin, hematocrit, or free erythrocyte protoporphyrin test
shall be performed and/or documented at certification for applicants with no other
nutritional risk factor present. For applicants with a qualifying nutritional risk factor
present at certification, such test shall be performed and/or documented within 90 days
of the date of certification. However, for breastfeeding women 6-12 months postpartum,
such hematological tests are not required if a test was performed after the termination of
their pregnancy. In addition, such hematological tests are not required, but are permitted,
for infants under nine months of age. All infants nine months of age and older (who have
not already had a hematological test performed or obtained, between the ages of six and
nine months), shall have a hematological test performed between nine and twelve months
of age or obtained from referral sources. This hematological test does not have to occur
within 90 days of the date of certification. Only one test is required for children between
12 and 24 months of age, and this test should be done 6 months after the infant test, if
possible. At the State or local agency's discretion, the hematological test is not required
for children ages two and older who were determined to be within the normal range at
their last certification. However, the hematological test shall be performed on such
children at least once every 12 months. Hematological test data submitted by a
competent professional authority not on the staff of the local agency may be used to
establish nutritional risk. However, such referral hematological data must:
(1) Be reflective of a woman applicant's category, meaning the test must have been
taken for pregnant women during pregnancy and for postpartum or breastfeeding
women following termination of pregnancy;
(2) Conform to the anemia screening schedule for infants and children as outlined in
paragraph (e)(1)(ii)(B) of this section; and
(3) Conform to recordkeeping requirements as outlined in paragraph (i)(4) of this
section.
(B) Height or length and weight measurements and, with the exceptions specified in
paragraph (e)(1)(v) of this section, hematological tests, shall be obtained for all
participants, including those who are determined at nutritional risk based solely on the
established nutritional risk status of another person, as provided in paragraphs (e)(1)(iv)
and (e)(1)(v) of this section.

7 CFR 246.7(e)(1)(i)(B) (enhanced display)

page 33 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(e)(1)(ii)

(ii) Timing of nutritional risk data.
(A) Weight and height or length. Weight and height or length shall be measured not more than
60 days prior to certification for program participation.
(B) Hematological test for anemia.
(1) For pregnant, breastfeeding, and postpartum women, and child applicants, the
hematological test for anemia shall be performed or obtained from referral sources
at the time of certification or within 90 days of the date of certification. The
hematological test for anemia may be deferred for up to 90 days from the time of
certification for applicants who have at least one qualifying nutritional risk factor
present at the time of certification. If no qualifying risk factor is identified, a
hematological test for anemia must be performed or obtained from referral sources
(with the exception of presumptively eligible pregnant women).
(2) Infants nine months of age and older (who have not already had a hematological test
performed, between six and nine months of age, by a competent professional
authority or obtained from referral sources), shall between nine and twelve months of
age have a hematological test performed or obtained from referral sources. Such a
test may be performed more than 90 days after the date of certification.
(3) For pregnant women, the hematological test for anemia shall be performed during
their pregnancy. For persons certified as postpartum or breastfeeding women, the
hematological test for anemia shall be performed after the termination of their
pregnancy. For breastfeeding women who are 6-12 months postpartum, no
additional blood test is necessary if a test was performed after the termination of
their pregnancy. The participant or parent/guardian shall be informed of the test
results when there is a finding of anemia, and notations reflecting the outcome of the
tests shall be made in the participant's file. Nutrition education, food package
tailoring, and referral services shall be provided to the participant or parent/guardian,
as necessary and appropriate.
(iii) Breastfeeding dyads. A breastfeeding woman may be determined to be a nutritional risk if her
breastfed infant has been determined to be a nutritional risk. A breastfed infant can be certified
based on the mother's medical and/or nutritional assessment. A breastfeeding mother and her
infant shall be placed in the highest priority level for which either is qualified.
(iv) Infants born to WIC mothers or women who were eligible to participate in WIC. An infant under
six months of age may be determined to be at nutritional risk if the infant's mother was a
Program participant during pregnancy or of medical records document that the woman was at
nutritional risk during pregnancy because of detrimental or abnormal nutritional conditions
detectable by biochemical or anthropometric measurements or other documented nutritionally
related medical conditions.
(v) Presumptive eligibility for pregnant women. A pregnant woman who meets the income eligibility
standards may be considered presumptively eligible to participate in the program, and may be
certified immediately without an evaluation of nutritional risk for a period up to 60 days. A
nutritional risk evaluation of such woman shall be completed not later than 60 days after the
woman is certified for participation. A hematological test for anemia is not required to be
performed within the 60-day period, but rather within 90 days, unless the nutritional risk
evaluation performed does not identify a qualifying risk factor. If no qualifying risk factor is
7 CFR 246.7(e)(1)(v) (enhanced display)

page 34 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(e)(1)(vi)

identified, a hematological test for anemia must be performed or obtained from referral
sources before the 60-day period elapses. Under the subsequent determination process, if the
woman does not meet any qualifying nutritional risk criteria, including anemia criteria, the
woman shall be determined ineligible and may not participate in the program for the reference
pregnancy after the date of the determination. Said applicant may subsequently reapply for
program benefits and if found to be both income eligible and at qualifying nutritional risk may
participate in the program. Persons found ineligible to participate in the program under this
paragraph shall be advised in writing of the ineligibility, of the reasons for the ineligibility, and of
the right to a fair hearing. The reasons for the ineligibility shall be properly documented and
shall be retained on file at the local agency. In addition, if the nutritional risk evaluation is not
completed within the 60-day timeframe, the woman shall be determined ineligible.
(vi) Regression. A WIC participant who is reapplying for WIC benefits may be considered to be at
nutritional risk in the next certification period if the competent professional authority
determines that the applicant's nutritional status may regress to the nutritional risk condition(s)
certified for in the previous certification period without supplemental foods and/or WIC
nutrition services, and if the nutritional risk condition(s) certified for in the previous certification
period is/are appropriate to the category of the participant in the subsequent certification
based on regression. However, such applicants shall not be considered at nutritional risk based
on the possibility of regression for consecutive certification periods. Applicants who are
certified based on the possibility of regression should be placed either in the same priority for
which they were certified in the previous certification period; a priority level lower than the
priority level assigned in the previous certification period, consistent with § 246.7(e)(4); or in
Priority VII, if the State agency is using that priority level.
(2) Nutritional risk criteria. The following are examples of nutritional risk conditions which may be used
as a basis for certification. These examples include—
(i)

Detrimental or abnormal nutritional conditions detectable by biochemical or anthropometric
measurements, such as anemia, underweight, overweight, abnormal patterns of weight gain in
a pregnant woman, low birth weight in an infant, or stunting in an infant or child;

(ii) Other documented nutritionally related medical conditions, such as clinical signs of nutritional
deficiencies, metabolic disorders, pre-eclampsia in pregnant women, failure to thrive in an
infant, chronic infections in any person, alcohol or drug abuse or mental retardation in women,
lead poisoning, history of high risk pregnancies or factors associated with high risk
pregnancies (such as smoking; conception before 16 months postpartum; history of low birth
weight, premature births, or neonatal loss; adolescent pregnancy; or current multiple
pregnancy) in pregnant women, or congenital malformations in infants or children, or infants
born of women with alcohol or drug abuse histories or mental retardation.
(iii) Dietary deficiencies that impair or endanger health, such as inadequate dietary patterns
assessed by a 24-hour dietary recall, dietary history, or food frequency checklist; and
(iv) Conditions that predispose persons to inadequate nutritional patterns or nutritionally related
medical conditions, such as homelessness or migrancy.
(3) Nutritional risk priorities. In determining nutritional risk, the State agency shall develop and include in
its State Plan, specific risk conditions by priority level with indices for identifying these conditions.
The criteria shall be used statewide and in accordance with the priority system as set forth in
paragraph (e)(4) of this section.
7 CFR 246.7(e)(3) (enhanced display)

page 35 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(e)(4)

(4) Nutritional risk priority system. The competent professional authority shall fill vacancies which occur
after a local agency has reached its maximum participation level by applying the following
participant priority system to persons on the local agency's waiting list. Priorities I through VI shall
be utilized in all States. The State agency may, at its discretion, expand the priority system to include
Priority VII. The State agency may set income or other sub-priority levels within any of these seven
priority levels. The State agency may expand Priority III, IV, or V to include high-risk postpartum
women. The State agency may place pregnant or breastfeeding women and infants who are at
nutritional risk solely because of homelessness or migrancy in Priority IV; children who are at
nutritional risk solely because of homelessness or migrancy in Priority V; and postpartum women
who are at nutritional risk solely because of homelessness or migrancy in Priority VI, OR, the State
agency may place pregnant, breastfeeding or postpartum women, infants, and children who are at
nutritional risk solely because of homelessness or migrancy in Priority VII.
(i)

Priority I. Pregnant women, breastfeeding women and infants at nutritional risk as
demonstrated by hematological or anthropometric measurements, or other documented
nutritionally related medical conditions which demonstrate the need for supplemental foods.

(ii) Priority II. Except those infants who qualify for Priority I, infant up to six months of age of
Program participants who participated during pregnancy, and infants up to six months of age
born of women who were not Program participants during pregnancy but whose medical
records document that they were at nutritional risk during pregnancy due to nutritional
conditions detectable by biochemical or anthropometric measurements or other documented
nutritionally related medical conditions which demonstrated the person's need for
supplemental foods.
(iii) Priority III. Children at nutritional risk as demonstrated by hematological or anthropometric
measurements or other documented medical conditions which demonstrate the child's need
for supplemental foods.
(iv) Priority IV. Pregnant women, breastfeeding women, and infants at nutritional risk because of an
inadequate dietary pattern.
(v) Priority V. Children at nutritional risk because of an inadequate dietary pattern.
(vi) Priority VI. Postpartum women at nutritional risk.
(vii) Priority VII. Individuals certified for WIC solely due to homelessness or migrancy and, at State
agency option, in accordance with the provisions of paragraph (e)(1)(vi) of this section,
previously certified participants who might regress in nutritional status without continued
provision of supplemental foods.
(f) Processing standards. The local agencies shall process applicants within the following timeframes:
(1) Waiting lists. When the local agency is serving its maximum caseload, the local agency shall
maintain a waiting list of individuals who visit the local agency to express interest in receiving
Program benefits and who are likely to be served. However, in no case shall an applicant who
requests placement on the waiting list be denied inclusion. State agencies may establish a policy
which permits or requires local agencies to accept telephone requests for placement on the waiting
list. The waiting list shall include the person's name, address or phone number, status (e.g., pregnant,
breastfeeding, age of applicant), and the date he or she was placed on the waiting list. Individuals
shall be notified of their placement on a waiting list within 20 days after they visit the local agency
during clinic office hours to request Program benefits. For those State agencies establishing
7 CFR 246.7(f)(1) (enhanced display)

page 36 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(f)(2)

procedures to accept telephone requests for placement on a waiting list, individuals shall be notified
of their placement on a waiting list within 20 days after contacting the local agency by phone. The
competent professional authority shall apply the participant priority system as specified in
paragraph (e)(4) of this section to the waiting list to ensure that the highest priority persons become
Program participants first when caseload slots become available.
(2) Timeframes for processing applicants.
(i)

When the local agency is not serving its maximum caseload, the local agency shall accept
applications, make eligibility determinations, notify the applicants of the decisions made and, if
the applicants are to be enrolled, issue food, cash-value vouchers or food instruments. All of
these actions shall be accomplished within the timeframes set forth below.

(ii) The processing timeframes shall begin when the individual visits the local agency during clinic
office hours to make an oral or written request for Program benefits. To ensure that accurate
records are kept of the date of such requests, the local agency shall, at the time of each
request, record the applicant's name, address and the date. The remainder of the information
necessary to determine eligibility shall be obtained by the time of certification. Medical data
taken prior to certification may be used as provided in paragraph (g)(4) of this section.
(iii) The local agency shall act on applications within the following timeframes:
(A) Special nutritional risk applicants shall be notified of their eligibility or ineligibility within 10
days of the date of the first request for Program benefits; except that State agencies may
provide an extension of the notification period to a maximum of 15 days for those local
agencies which make written request, including a justification of the need for an
extension. The State agency shall establish criteria for identifying categories of persons at
special nutritional risk who require expedited services. At a minimum, however, these
categories shall include pregnant women eligible as Priority I participants, and migrant
farmworkers and their family members who soon plan to leave the jurisdiction of the local
agency.
(B) All other applicants shall be notified of their eligibility or ineligibility within 20 days of the
date of the first request for Program benefits.
(iv) Each local agency using a retail purchase system shall issue a food instrument(s) and if
applicable cash-value voucher(s) to the participant at the same time as notification of
certification. Such food instrument(s) and cash-value vouchers shall provide benefits for the
current month or the remaining portion thereof and shall be redeemable immediately upon
receipt by the participant. Local agencies may mail the initial food instrument(s) and if
applicable cash-value vouchers with the notification of certification to those participants who
meet the criteria for the receipt of food instruments through the mail, as provided in §
246.12(r)(4).
(v) Each local agency with a direct distribution or home delivery system shall issue the
supplemental foods to the participant within 10 days of issuing the notification of certification.
(g) Certification periods.

7 CFR 246.7(g) (enhanced display)

page 37 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(g)(1)

(1) Program benefits will be based upon certifications established in accordance with the following
timeframes:

A/an:

Will be certified:

(i) Pregnant
woman

For the duration of her pregnancy, and up to the last day of the month in which the
infant becomes six weeks old or the pregnancy ends (for example, if the infant is
born June 4, six weeks after birth would be July 16, and certification would end July
31).

(ii)
Postpartum
woman

Up to the last day of the sixth month after the baby is born or the pregnancy ends
(postpartum).

(iii)
Approximately every six months. The State agency may permit its local agencies to
Breastfeeding certify a breastfeeding woman up to the last day of the month in which her infant
woman
turns 1 year old, or until the woman ceases breastfeeding, whichever occurs first.
(iv) Infant

Approximately every six months. The State agency may permit its local agencies to
certify an infant under six months of age up to the last day of the month in which
the infant turns 1 year old, provided the quality and accessibility of health care
services are not diminished.

(v) Child

Approximately every six months ending with the last day of the month in which a
child reaches his/her fifth birthday. The State agency may permit its local agencies
to certify a child for a period of up to one year, provided the local agency ensures
that the child receives the required health and nutrition assessments, as set forth in
§ 246.11(e)(3).

(2) The State agency may authorize local agencies under its jurisdiction to establish shorter certification
periods than outlined in paragraph (g)(1) of this section on a case-by-case basis. If the State agency
exercises this option, it shall issue guidance for use by local agencies in establishing the shorter
periods.
(3) In cases where there is difficulty in appointment scheduling for persons referenced in paragraphs
(g)(1) (iii), (iv) and (v) of this section, the certification period may be shortened or extended by a
period not to exceed 30 days.
(h) Mandatory and optional mid-certification actions. Mid-certification actions are either mandatory or optional
as follows:
(1) Mandatory reassessment of income eligibility mid-certification.
(i)

The local agency must reassess a participant's income eligibility during the current certification
period if the local agency receives information indicating that the participant's household
income has changed. However, such assessments are not required in cases where sufficient
time does not exist to effect the change. Sufficient time means 90 days or less before the
expiration of the certification period.

7 CFR 246.7(h)(1)(i) (enhanced display)

page 38 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(h)(1)(ii)

(ii) Mandatory disqualification mid-certification for income ineligibility. The local agency must
disqualify a participant and any other household members currently receiving WIC benefits who
are determined ineligible based on the mid-certification income reassessment. However,
adjunctively-eligible WIC participants (as defined in paragraphs (d)(2)(vi)(A) or (d)(2)(vi)(B) of
this section) may not be disqualified from the WIC Program solely because they, or certain
family members, no longer participate in one of the other specified programs. The State agency
will ensure that such participants and other household members currently receiving WIC
benefits are disqualified during a certification period only after their income eligibility has been
reassessed based on the income screening procedures used for applicants who are not
adjunctively eligible.
(2) Mandatory sanctions or other actions for participant violations. The local agency must impose
disqualifications, or take other actions in accordance with the procedures set forth in § 246.12(u), in
response to participant violations including, but not limited to, the violations listed in the definition of
Participant violation in § 246.2.
(3) Optional mid-certification actions. A participant may be disqualified during a certification period for
the following reasons:
(i)

A State agency may allow local agencies to disqualify a participant for failure to obtain food
instruments, cash-value vouchers or supplemental foods for several consecutive months. As
specified by the State agency, proof of such failure includes failure to pick up supplemental
foods, cash-value vouchers or food instruments, nonreceipt of food instruments or cash-value
vouchers (when mailed instruments or vouchers are returned), or failure to have an electronic
benefit transfer card revalidated for purchase of supplemental foods; or

(ii) If a State agency experiences funding shortages, it may be necessary to discontinue Program
benefits to some certified participants. The State agency must explore alternatives (such as
elimination of new certifications) before taking such action. In discontinuing benefits, the State
agency will affect the least possible number of participants and those whose nutritional and
health status would be least impaired by the action. When a State agency elects to discontinue
benefits due to insufficient funds, it will not enroll new participants during that period. The State
may discontinue benefits by:
(A) Disqualifying a group of participants; and/or,
(B) Withholding benefits from a group with the expectation of providing benefits again when
funds are available.
(i)

Certification forms. All certification data for each person certified shall be recorded on a form (or forms)
which are provided by the State agency. The information on the forms shall include—
(1) Name and address;
(2) Date of initial visit to apply for participation;
(3) An indication of whether the applicant was physically present at certification and, if not, the reason
why an exception was granted or a copy of the document(s) in the file which explains the reason for
the exception;
(4) A description of the document(s) used to determine residency and identity or a copy of the
document(s) used or the applicant's written statement when no documentation exists;

7 CFR 246.7(i)(4) (enhanced display)

page 39 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(i)(5)

(5) Information regarding income eligibility for the Program as specified in paragraph (d) of this section
as follows:
(i)

A description of the document(s) used to determine income eligibility or a copy of the
document(s) in the file;

(ii) An indication that no documentation is available and the reason(s) why or a copy of the
applicant's written statement explaining such circumstances; or
(iii) An indication that the applicant has no income.
(6) The date of certification and the date nutritional risk data were taken if different from the date of
certification;
(7) Height or length, weight, and hematological test results;
(8) The specific nutritional risk conditions which established eligibility for the supplemental foods.
Documentation should include health history when appropriate to the nutritional risk condition, with
the applicant's or applicant's parent's or caretaker's consent;
(9) The signature and title of the competent professional authority making the nutritional risk
determination, and, if different, the signature and title of the administrative person responsible for
determining income eligibility under the Program; and
(10) A statement of the rights and obligations under the Program. The statement must contain a
signature space, and must be read by or to the applicant, parent, or caretaker. It must contain the
following language or alternate language as approved by FNS (see § 246.4(a)(11)(i)), and be signed
by the applicant, parent, or caretaker after the statement is read:
I have been advised of my rights and obligations under the Program. I certify that the information I have
provided for my eligibility determination is correct, to the best of my knowledge. This certification form is
being submitted in connection with the receipt of Federal assistance. Program officials may verify
information on this form. I understand that intentionally making a false or misleading statement or
intentionally misrepresenting, concealing, or withholding facts may result in paying the State agency, in
cash, the value of the food benefits improperly issued to me and may subject me to civil or criminal
prosecution under State and Federal law.
(11) If the State agency exercises the authority to use and disclose confidential applicant and participant
information for non-WIC purposes pursuant to § 246.26(d)(2), a statement that:
(i)

Notifies applicants that the chief State health officer (or the governing authority, in the case of
an Indian State agency) may authorize the use and disclosure of information about their
participation in the WIC Program for non-WIC purposes;

(ii) Must indicate that such information will be used by State and local WIC agencies and public
organizations only in the administration of their programs that serve persons eligible for the
WIC Program; and,
(iii) Will be added to the statement required under paragraph (i)(10) of this section. This statement
must also indicate that such information can be used by the recipient organizations only for the
following:
(A) To determine the eligibility of WIC applicants and participants for programs administered
by such organizations;
7 CFR 246.7(i)(11)(iii)(A) (enhanced display)

page 40 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(i)(11)(iii)(B)

(B) To conduct outreach for such programs;
(C) To enhance the health, education, or well-being of WIC applicants and participants
currently enrolled in those programs;
(D) To streamline administrative procedures in order to minimize burdens on participants and
staff; and,
(E) To assess and evaluate a State's health system in terms of responsiveness to participants'
health care needs and health care outcomes.
(j)

Notification of participant rights and responsibilities. In order to inform applicants and participants or their
parents or caretakers of Program rights and responsibilities, the following information shall be provided.
Where a significant number or proportion of the population eligible to be served needs the information in
a language other than English, reasonable steps shall be taken to provide the information in appropriate
languages to such persons, considering the scope of the Program and the size and concentration of such
population.
(1) During the certification procedure, every Program applicant, parent or caretaker shall be informed of
the illegality of dual participation.
(2) At the time of certification, each Program participant, parent or caretaker must read, or have read to
him or her, the statement provided in paragraph (i)(10) of this section (or an alternate statement as
approved by FNS). In addition, the following sentences (or alternate sentences as approved by FNS)
must be read:
(i)

“Standards for eligibility and participation in the WIC Program are the same for everyone,
regardless of race, color, national origin, age, handicap, or sex.”

(ii) “You may appeal any decision made by the local agency regarding your eligibility for the
Program.”
(iii) “The local agency will make health services, nutrition education and breastfeeding support
available to you, and you are encouraged to participate in these services.”
(3) If the State agency implements the policy of disqualifying a participant for not picking up
supplemental foods, cash-value vouchers or food instruments in accordance with paragraph (h)(3)(i)
of this section, it shall provide notice of this policy and of the importance of regularly picking up
cash-value vouchers, food instruments or supplemental foods to each participant, parent or
caretaker at the time of each certification.
(4) At least during the initial certification visit, each participant, parent or caretaker shall receive an
explanation of how the local food delivery system operates and shall be advised of the types of
health services available, where they are located, how they may be obtained and why they may be
useful.
(5) Persons found ineligible for the Program during a certification visit shall be advised in writing of the
ineligibility, of the reasons for the ineligibility, and of the right to a fair hearing. The reasons for
ineligibility shall be properly documented and shall be retained on file at the local agency.
(6) A person who is about to be suspended or disqualified from program participation at any time during
the certification period shall be advised in writing not less than 15 days before the suspension or
disqualification. Such notification shall include the reasons for this action, and the participant's right
7 CFR 246.7(j)(6) (enhanced display)

page 41 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(j)(7)

to a fair hearing. Further, such notification need not be provided to persons who will be disqualified
for not picking up cash-value vouchers, supplemental foods or food instruments in accordance with
paragraph (h)(3)(i) of this section.
(7) When a State or local agency pursues collection of a claim pursuant to § 246.23(c) against an
individual who has been improperly issued benefits, the person shall be advised in writing of the
reason(s) for the claim, the value of the improperly issued benefits which must be repaid, and of the
right to a fair hearing.
(8) Each participant, parent or caretaker shall be notified not less than 15 days before the expiration of
each certification period that certification for the Program is about to expire.
(9) If a State agency must suspend or terminate benefits to any participant during the participant's
certification period due to a shortage of funds for the Program, it shall issue a notice to such
participant in advance, as stipulated in paragraph (j)(6) of this section.
(10) During WIC certification, every Program applicant, parent, or caretaker shall be informed that selling
or offering to sell WIC benefits, cash-value vouchers, paper food instruments, EBT cards,
supplemental foods, or breast pumps in person, in print, or on-line is a participant violation.
(k) Transfer of certification.
(1) Each State agency shall ensure issuance of a Verification of Certification card to every participant
who is a member of a family in which there is a migrant farmworker or any other participant who is
likely to be relocating during the certification period. Certifying local agencies shall ensure that
Verification of Certification cards are fully completed.
(2) The State agency shall require the receiving local agency to accept Verification of Certification cards
from participants, including participants who are migrant farmworkers or members of their families,
who have been participating in the Program in another local agency within or outside of the
jurisdiction of the State agency. A person with a valid Verification of Certification card shall not be
denied participation in the receiving State because the person does not meet that State's particular
eligibility criteria.
(3) The Verification of Certification card is valid until the certification period expires, and shall be
accepted as proof of eligibility for Program benefits. If the receiving local agency has waiting lists for
participation, the transferring participant shall be placed on the list ahead of all waiting applicants.
(4) The Verification of Certification card shall include the name of the participant, the date the
certification was performed, the date income eligibility was last determined, the nutritional risk
condition of the participant, the date the certification period expires, the signature and printed or
typed name of the certifying local agency official, the name and address of the certifying local
agency and an identification number or some other means of accountability. The Verification of
Certification card shall be uniform throughout the jurisdiction of the State agency.
(l)

Dual participation. The State agency is responsible for the following:
(1) In conjunction with WIC local agencies, the prevention and identification of dual participation within
each local agency and between local agencies under the State agency's jurisdiction, including
actions to identify suspected instances of dual participation at least semiannually. The State or local
agency must take follow-up action within 120 days of detecting instances of suspected dual
participation;

7 CFR 246.7(l)(1) (enhanced display)

page 42 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(l)(2)

(2) In areas where a local agency serves the same population as an Indian State agency or a CSFP
agency, and in areas where geographical or other factors make it likely that participants travel
regularly between contiguous local service areas located across State agency borders, entering into
an agreement with the other agency for the detection and prevention of dual participation. The
agreement must be made in writing and included in the State Plan;
(3) Immediate termination from participation in one of the programs or clinics for participants found in
violation due to dual participation; and
(4) In cases of dual participation resulting from intentional misrepresentation, the collection of
improperly issued benefits in accordance with § 246.23(c)(1) and disqualification from both
programs in accordance with § 246.12(u)(2).
(m) Certification of persons in homeless facilities and institutions.
(1) Pregnant, breastfeeding, and postpartum women, infants or children who meet the requirements of
paragraph (c) of this section, and who reside in a homeless facility, shall be considered eligible for
the Program and shall be treated equally with all other eligible applicants at the local agency where
they apply for WIC benefits, Provided that: the State or local agency has taken reasonable steps to:
(i)

Establish, to the extent practicable, that the homeless facility meets the following conditions
with respect to resident WIC participants:
(A) The homeless facility does not accrue financial or in-kind benefit from a person's
participation in the Program, e.g., by reducing its expenditures for food service because its
residents are receiving WIC foods;
(B) Foods provided by the WIC Program are not subsumed into a communal food service, but
are available exclusively to the WIC participant for whom they were issued;
(C) The homeless facility places no constraints on the ability of the participant to partake of
the supplemental foods, nutrition education and breastfeeding support available under the
Program;

(ii) Contact the homeless facility periodically to ensure continued compliance with these
conditions; and
(iii) Request the homeless facility to notify the State or local agency if it ceases to meet any of
these conditions.
(2) The State agency may authorize or require local agencies to make the Program available to
applicants who meet the requirements of paragraph (c) of this section, but who reside in institutions
which meet the conditions of paragraphs (n)(1)(i)(A)-(C) of this section with respect to resident WIC
participants.
(3) The State or local agency shall attempt to establish to the best of its ability,whether a homeless
facility or institution complies with the conditions of paragraphs (n)(1)(i) (A)-(C) of this section with
respect to WIC participants. If caseload slots are available, full certification periods shall be provided
to the following:
(i)

Participants who are residents of a homeless facility or institution which has been found to be
in compliance with the conditions of paragraph (n)(1)(i)(A)-(C) of this section;

7 CFR 246.7(m)(3)(i) (enhanced display)

page 43 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(m)(3)(ii)

(ii) Participants who are residents of a homeless facility or institution whose compliance with the
conditions of paragraphs (n)(1)(i)(A)-(C) of this section has not yet been established; and
(iii) Participants for whom no other shelter alternative is available in the local agency's service
delivery area.
(4) If a homeless facility or institution has been determined to be noncompliant during the course of a
participant's initial certification period, participants applying for continued benefits may be certified
again, but the State agency shall discontinue issuance of WIC foods, except infant formula, to the
participant in such accommodation until the accommodation's compliance is achieved or alternative
shelter arrangements are made. If certified, such participants shall continue to be eligible to receive
all other WIC benefits, such as nutrition education, including breastfeeding promotion and support,
and health care referral services.
(5) The State agency shall continue to the end of their certification periods the participation of residents
of a homeless facility or institution which ceases to comply with the conditions of paragraphs
(n)(1)(i)(A)-(C) of this section.
(6) As soon as the State or local agency determines that a homeless facility/institution does not meet
the conditions of paragraphs (n)(1)(i) (A)-(C) of this section, it shall refer all participants using such
accommodation to any other accommodations in the area which meet these conditions.
(n) Drug and other harmful substance abuse screening. When a State agency determines that screening is
necessary to fulfill the referral requirements in this part, the State agency must require screening for the
use of drugs and other harmful substances. When such screening is required, it shall:
(1) Be limited to the extent the State agency deems necessary to fulfill the referral requirement of §
246.4(a)(8) of this part and the drug and other harmful substance abuse information requirement of
§ 246.11(a)(3) of this part; and
(2) Be integrated into certification process as part of the medical or nutritional assessment.
(o) Are applicants required to be physically present at certification? —
(1) In general. The State or local agency must require all applicants to be physically present at each WIC
certification.
(2) Exceptions —
(i)

Disabilities. The State or local agency must grant an exception to applicants who are qualified
individuals with disabilities and are unable to be physically present at the WIC clinic because of
their disabilities or applicants whose parents or caretakers are individuals with disabilities that
meet this standard. Examples of such situations include:
(A) A medical condition that necessitates the use of medical equipment that is not easily
transportable;
(B) A medical condition that requires confinement to bed rest; and
(C) A serious illness that may be exacerbated by coming in to the WIC clinic.

(ii) Receiving ongoing health care. The State agency may exempt from the physical presence
requirement, if being physically present would pose an unreasonable barrier, an infant or child
who was present at his/her initial WIC certification and is receiving ongoing health care.
7 CFR 246.7(o)(2)(ii) (enhanced display)

page 44 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.7(o)(2)(iii)

(iii) Working parents or caretakers. The State agency may exempt from the physical presence
requirement an infant or child who was present at his/her initial WIC certification and was
present at a WIC certification or recertification determination within the 1-year period ending on
the date of the most recent certification or recertification determination and is under the care of
one or more working parents or one or more primary working caretakers whose working status
presents a barrier to bringing the infant or child in to the WIC clinic.
(iv) Infants under 8 weeks of age. The State agency may exempt from the physical presence
requirement an infant under eight (8) weeks of age who cannot be present at certification for a
reason determined appropriate by the local agency, and for whom all necessary certification
information is provided.
(p) Certification of qualified aliens. In those cases where a person sponsors a qualified alien, (as the term is
defined in the Immigration and Nationality Laws (8 U.S.C.1101 et seq.)), i.e., signs an affidavit of support,
the sponsor's income, including the income of the sponsor's spouse, shall not be counted in determining
the income eligibility of the qualified alien except when the alien is a member of the sponsor's family or
economic unit. Sponsors of qualified aliens are not required to reimburse the State or local agency or the
Federal government for WIC Program benefits provided to sponsored aliens. Further, qualified aliens are
eligible for the WIC Program without regard to the length of time in the qualifying status.
[50 FR 6121, Feb. 13, 1985]

Editorial Note: For FEDERAL REGISTER citations affecting § 246.7, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 246.8 Nondiscrimination.
(a) Civil rights requirements. The State agency shall comply with the requirements of title VI of the Civil Rights
Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973,
the Age Discrimination Act of 1975, Department of Agriculture regulations on nondiscrimination (7 CFR
parts 15, 15a and 15b), and FNS instructions to ensure that no person shall, on the grounds of race, color,
national origin, age, sex or handicap, be excluded from participation in, be denied benefits of, or be
otherwise subjected to discrimination under the Program. Compliance with title VI of the Civil Rights Act
of 1964, title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the
Age Discrimination Act of 1975, and regulations and instructions issued thereunder shall include, but not
be limited to:
(1) Notification to the public of the nondiscrimination policy and complaint rights of participants and
potentially eligible persons;
(2) Review and monitoring activity to ensure Program compliance with the nondiscrimination laws and
regulations;
(3) Collection and reporting of racial and ethnic participation data as required by title VI of the Civil
Rights Act of 1964, which prohibits discrimination in federally assisted programs on the basis of
race, color, or national origin; and
(4) Establishment of grievance procedures for handling complaints based on sex and handicap.

7 CFR 246.8(a)(4) (enhanced display)

page 45 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.8(b)

(b) Complaints. Persons seeking to file discrimination complaints should write to USDA, Director, Office of
Adjudication and Compliance, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800)
795-3272 (voice) or (202) 720-6382 (TTY). All complaints received by State or local agencies which allege
discrimination based on race, color, national origin, or age shall be referred to the Secretary of Agriculture
or Director, Office of Equal Opportunity. A State or local agency may process complaints which allege
discrimination based on sex or handicap if grievance procedures are in place.
(c) Non-English materials. Where a significant number or proportion of the population eligible to be served
needs service or information in a language other than English in order effectively to be informed of or to
participate in the Program, the State agency shall take reasonable steps considering the size and
concentration of such population, to provide information in appropriate languages to such persons. This
requirement applies with regard to required Program information except certification forms which are
used only by local agency staff. The State agency shall also ensure that all rights and responsibilities
listed on the certification form are read to these applicants in the appropriate language.
[50 FR 6121, Feb. 13, 1985, as amended at 73 FR 11312, Mar. 3, 2008]

§ 246.9 Fair hearing procedures for participants.
(a) Availability of hearings. The State agency shall provide a hearing procedure through which any individual
may appeal a State or local agency action which results in a claim against the individual for repayment of
the cash value of improperly issued benefits or results in the individual's denial of participation or
disqualification from the Program.
(b) Hearing system. The State agency shall provide for either a hearing at the State level or a hearing at the
local level which permits the individual to appeal a local agency decision to the State agency. The State
agency may adopt local level hearings in some areas, such as those with large caseloads, and maintain
only State level hearings in other areas.
(c) Notification of appeal rights. At the time of a claim against an individual for improperly issued benefits or
at the time of participation denial or of disqualification from the Program, the State or local agency shall
inform each individual in writing of the right to a fair hearing, of the method by which a hearing may be
requested, and that any positions or arguments on behalf of the individual may be presented personally or
by a representative such as a relative, friend, legal counsel or other spokesperson. Such notification is not
required at the expiration of a certification period.
(d) Request for hearing. A request for a hearing is defined as any clear expression by the individual, the
individual's parent, caretaker, or other representative, that he or she desires an opportunity to present his
or her case to a higher authority. The State or local agency shall not limit or interfere with the individual's
freedom to request a hearing.
(e) Time limit for request. The State or local agency shall provide individuals a reasonable period of time to
request fair hearings; provided that, such time limit is not less than 60 days from the date the agency
mails or gives the applicant or participant the notice of adverse action.
(f) Denial or dismissal of request. The State and local agencies shall not deny or dismiss a request for a
hearing unless—
(1) The request is not received within the time limit set by the State agency in accordance with
paragraph (e) of this section;
(2) The request is withdrawn in writing by the appellant or a representative of the appellant;
7 CFR 246.9(f)(2) (enhanced display)

page 46 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.9(f)(3)

(3) The appellant or representative fails, without good cause, to appear at the scheduled hearing; or
(4) The appellant has been denied participation by a previous hearing and cannot provide evidence that
circumstances relevant to Program eligibility have changed in such a way as to justify a hearing.
(g) Continuation of benefits. Participants who appeal the termination of benefits within the 15 days advance
adverse action notice period provided by § 246.7(j)(6) must continue to receive Program benefits until the
hearing official reaches a decision or the certification period expires, whichever occurs first. This does not
apply to applicants denied benefits at initial certification, participants whose certification periods have
expired, or participants who become categorically ineligible for benefits. Applicants who are denied
benefits at initial certification, participants whose certification periods have expired, or participants who
become categorically ineligible during a certification period may appeal the denial or termination within
the timeframes set by the State agency in accordance with paragraph (e) of this section, but must not
receive benefits while awaiting the hearing or its results.
(h) Rules of procedure. State and local agencies shall process each request for a hearing under uniform rules
of procedure and shall makes these rules of procedure available for public inspection and copying. At a
minimum, such rules shall include: The time limits for requesting and conducting a hearing; all advance
notice requirements; the rules of conduct at the hearing; and the rights and responsibilities of the
appellant. The procedures shall not be unduly complex or legalistic.
(i)

Hearing official. Hearings shall be conducted by an impartial official who does not have any personal
stake or involvement in the decision and who was not directly involved in the initial determination of the
action being contested. The hearing official shall—
(1) Administer oaths or affirmations if required by the State;
(2) Ensure that all relevant issues are considered;
(3) Request, receive and make part of the hearing record all evidence determined necessary to decide
the issues being raised;
(4) Regulate the conduct and course of the hearing consistent with due process to ensure an orderly
hearing;
(5) Order, where relevant and necessary, an independent medical assessment or professional evaluation
from a source mutually satisfactory to the appellant and the State agency; and
(6) Render a hearing decision which will resolve the dispute.

(j)

Conduct of the hearing. The State or lcoal agency shall ensure that the hearing is accessible to the
appellant and is held within three weeks from the date the State or local agency received the request for a
hearing. The State or local agency shall provide the appellant with a minimum of 10 days advance written
notice of the time and place of the hearing and shall enclose an explanation of the hearing procedure with
the notice. The State or local agency shall also provide the appellant or representative an opportunity to—
(1) Examine, prior to and during the hearing, the documents and records presented to support the
decision under appeal;
(2) Be assisted or represented by an attorney or other persons;
(3) Bring witnesses;
(4) Advance arguments without undue interference;

7 CFR 246.9(j)(4) (enhanced display)

page 47 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.9(j)(5)

(5) Question or refute any testimony or evidence, including an opportunity to confront and crossexamine adverse witnesses; and
(6) Submit evidence to establish all pertinent facts and circumstances in the case.
(k) Fair hearing decisions.
(1) Decisions of the hearing official shall be based upon the application of appropriate Federal law,
regulations and policy as related to the facts of the case as established in the hearing record. The
verbatim transcript or recording of testimony and exhibits, or an official report containing the
substance of what transpired at the hearing, together with all papers and requests filed in the
proceeding, constitute the exclusive record for a final decision by hearing official. The State or local
agency shall retain the hearing record in accordance with § 246.25 and make these records
available, for copying and inspection, to the appellant or representative at any reasonable time.
(2) The decision by the hearing official shall summarize the facts of the case, specify the reasons for the
decision, and identify the supporting evidence and the pertinent regulations or policy. The decision
shall become a part of the record.
(3) Within 45 days of the receipt of the request for the hearing, the State or local agency shall notify the
appellant or representative in writing of the decision and the reasons for the decision in accordance
with paragraph (k)(2) of this section. If the decision is in favor of the appellant and benefits were
denied or discontinued, benefits shall begin immediately. If the decision concerns disqualification
and is in favor of the agency, as soon as administratively feasible, the local agency shall terminate
any continued benefits, as decided by the hearing official. If the decision regarding repayment of
benefits by the appellant is in favor of the agency, the State or local agency shall resume its efforts
to collect the claim, even during pendency of an appeal of a local-level fair hearing decision to the
State agency. The appellant may appeal a local hearing decision to the State agency, provided that
the request for appeal is made within 15 days of the mailing date of the hearing decision notice. If
the decision being appealed concerns disqualification from the Program, the appellant shall not
continue to receive benefits while an appeal to the State agency of a decision rendered on appeal at
the local level is pending. The decision of a hearing official at the local level is binding on the local
agency and the State agency unless it is appealed to the State level and overturned by the State
hearing official.
(4) The State and local agency shall make all hearing records and decisions available for public
inspection and copying; however, the names and addresses of participants and other members of
the public shall be kept confidential.
(l)

Judicial review. If a State level decision upholds the agency action and the appellant expresses an interest
in pursuing a higher review of the decision, the State agency shall explain any further State level review of
the decision and any State level rehearing process. If these are either unavailable or have been exhausted,
the State agency shall explain the right to pursue judicial review of the decision.

[50 FR 6121, Feb. 13, 1985, as amended at 52 FR 21236, June 4, 1987; 59 FR 11503, Mar. 11, 1994; 71 FR 56730, Sept. 27, 2006; 73
FR 11312, Mar. 3, 2008]

Subpart D—Participant Benefits

7 CFR 246.9(l) (enhanced display)

page 48 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10

§ 246.10 Supplemental foods.
(a) General. This section prescribes the requirements for providing supplemental foods to participants. The
State agency must ensure that local agencies comply with this section.
(b) State agency responsibilities.
(1) State agencies may:
(i)

Establish criteria in addition to the minimum Federal requirements in table 4 to paragraph
(e)(12) of this section for the supplemental foods in their States, except that the State agency
may not selectively choose which eligible fruits and vegetables are available to participants.
These State agency criteria could address, but not be limited to, other nutritional standards,
competitive cost, State-wide availability, and participant appeal. For eligible fruits and
vegetables, State agencies may restrict packaging, e.g., plastic containers, and package sizes
such as single serving of processed fruits and vegetables available for purchase with the cashvalue voucher. In addition, State agencies may identify certain processed WIC-eligible fruits and
vegetables on food lists where the potential exists for vendor or participant confusion in
determining authorized WIC-eligible items.

(ii) Make food package adjustments to better accommodate participants who are homeless. At the
State agency's option, these adjustments would include, but not be limited to, issuing
authorized supplemental foods in individual serving-size containers to accommodate lack of
food storage or preparation facilities.
(iii) Authorize package sizes, in addition to those authorized to fulfill paragraph (b)(2)(i) of this
section, that increase participant variety and choice, except WIC formula, which must be
authorized in sizes that correspond with the maximum monthly allowances per paragraphs
(e)(9) and (11) of this section.
(2) State agencies must:
(i)

Identify the brands of foods and package sizes that are acceptable for use in the Program in
their States in accordance with the requirements of this section; all State agencies must
authorize at least one package size (or combination of package sizes) that equal or add up to
the maximum monthly allowances of all authorized supplemental foods in each of the food
packages. State agencies must also provide to local agencies, and include in the State Plan, a
list of acceptable foods and their maximum monthly allowances as specified in tables 1
through 4 to paragraphs (e)(9) through (12) of this section; and

(ii) Ensure that local agencies:
(A) Make available to participants the maximum monthly allowances of authorized
supplemental foods, except as noted in paragraph (c) of this section, inform participants
about the maximum monthly allowances of authorized supplemental foods to which they
are entitled as a Program participant and any food substitution options as specified in
tables 1 through 3 to paragraphs (e)(9) through (11) of this section that the State agency
authorizes, and abide by the authorized substitution rates for WIC food substitutions as
specified in tables 1 through 3 to paragraphs (e)(9) through (11);

7 CFR 246.10(b)(2)(ii)(A) (enhanced display)

page 49 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(b)(2)(ii)(B)

(B) Make available to participants more than one food from each WIC food category except
for the categories of peanut butter and eggs, and any of the WIC-eligible fruits and
vegetables (fresh or processed) in each authorized food package as listed in paragraph
(e) of this section;
(C) Authorize only a competent professional authority to prescribe the categories of
authorized supplemental foods in quantities that do not exceed the regulatory maximum
and are appropriate for the participant, taking into consideration the participant's
nutritional and breastfeeding needs; and
(D) Advise participants or their caretaker, when appropriate, that the supplemental foods
issued are only for their personal use. However, the supplemental foods are not authorized
for participant use while hospitalized on an in-patient basis. In addition, consistent with §
246.7(m)(1)(i)(B), supplemental foods are not authorized for use in the preparation of
meals served in a communal food service. This restriction does not preclude the provision
or use of supplemental foods for individual participants in a nonresidential setting (e.g.,
child care facility, family day care home, school, or other educational program); a
homeless facility that meets the requirements of § 246.7(m)(1); or, at the State agency's
discretion, a residential institution (e.g., home for pregnant teens, prison, or residential
drug treatment center) that meets the requirements currently set forth in § 246.7(m)(1)
and (2).
(c) Nutrition tailoring. Nutrition tailoring is the process of modifying an individual food package to better meet
the supplemental nutritional needs of each participant. It entails making substitutions, reductions, and/or
eliminations to food types and physical food forms in accordance with paragraphs (e)(9) through (11) of
this section to accommodate special dietary needs, cultural practices, and/or personal preference. The
full maximum monthly allowances of all supplemental foods in all food packages must be made available
to participants unless medically or nutritionally warranted. Reductions in these amounts cannot be made
for cost-savings, administrative convenience, caseload management, or to control vendor abuse.
Reductions in these amounts or eliminations of foods cannot be made for categories, groups, or
subgroups of WIC participants and may be done only after a nutrition assessment and offering
substitution options available in the State in accordance with paragraphs (e)(9) through (11) and State
agency policy. The provision of less than the maximum monthly allowances of supplemental foods to an
individual WIC participant in all food packages is appropriate only when:
(1) Medically or nutritionally warranted (e.g., to eliminate a food due to a food allergy);
(2) A participant refuses or cannot use the maximum monthly allowances, or chooses to take less than
the maximum monthly allowance; or
(3) The quantities necessary to supplement another program's contribution to fill a medical prescription
would be less than the maximum monthly allowances.
(d) Medical documentation —
(1) Supplemental foods requiring medical documentation. Medical documentation is required for the
issuance of the following supplemental foods:
(i)

Any non-contract brand infant formula;

(ii) Any infant formula prescribed to an infant, child, or adult who receives Food Package III (see
paragraph (e)(3) of this section);
7 CFR 246.10(d)(1)(ii) (enhanced display)

page 50 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(d)(1)(iii)

(iii) Any exempt infant formula;
(iv) Any WIC-eligible nutritional;
(v) Any authorized supplemental food issued to participants who receive Food Package III; and
(vi) Any contract brand infant formula that does not meet the requirements in table 4 to paragraph
(e)(12) of this section.
(2) Medical documentation for other supplemental foods.
(i)

State agencies may authorize local agencies to issue a non-contract brand infant formula that
meets the requirements in table 4 to paragraph (e)(12) of this section without medical
documentation in order to meet religious eating patterns; and

(ii) The State agency has the discretion to require medical documentation for any contract brand
infant formula other than the primary contract infant formula and may decide that some
contract brand infant formula may not be issued under any circumstances.
(3) Medical determination. For purposes of this paragraph (d), medical documentation means that a
health care professional licensed to write medical prescriptions under State law has:
(i)

Made a medical determination that the participant has a qualifying condition as described in
paragraphs (e)(1) through (7) of this section that dictates the use of the supplemental foods, as
described in paragraph (d)(1) of this section; and

(ii) Provided the written documentation that meets the technical requirements described in
paragraphs (d)(4)(ii) and (iii) of this section.
(4) Technical requirements —
(i)

Location. All medical documentation must be kept on file (electronic or hard copy) at the local
clinic. The medical documentation kept on file must include the initial telephone
documentation, when received as described in paragraph (d)(4)(iii)(B) of this section.

(ii) Content. All medical documentation must include the following:
(A) The name of the authorized WIC formula (infant formula, exempt infant formula, WICeligible nutritional) prescribed, including amount needed per day;
(B) The authorized supplemental food(s) appropriate for the qualifying condition(s) and their
prescribed amounts;
(C) Length of time the prescribed WIC formula and/or supplemental food is required by the
participant;
(D) The qualifying condition(s) for issuance of the authorized supplemental food(s) requiring
medical documentation, as described in paragraphs (e)(1) through (7) of this section; and
(E) Signature, date, and contact information (or name, date, and contact information), if the
initial medical documentation was received by telephone and the signed document is
forthcoming, of the health care professional licensed by the State to write prescriptions in
accordance with State laws.
(iii) Written confirmation —

7 CFR 246.10(d)(4)(iii) (enhanced display)

page 51 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(d)(4)(iii)(A)

(A) General. Medical documentation must be written and may be provided as an original
written document, an electronic document, or by facsimile or telephone to a competent
professional authority until written confirmation is received.
(B) Medical documentation provided by telephone. Medical documentation may be provided by
telephone to a competent professional authority who must promptly document the
information. The collection of the required information by telephone for medical
documentation purposes may only be used until written confirmation is received from a
health care professional licensed to write medical prescriptions and used only when
absolutely necessary on an individual participant basis. The local clinic must obtain
written confirmation of the medical documentation within a reasonable amount of time
(i.e., one- or two-weeks' time) after accepting the initial medical documentation by
telephone.
(5) Medical supervision requirements. Due to the nature of the health conditions of participants who are
issued supplemental foods that require medical documentation, close medical supervision is
essential for each participant's dietary management. The responsibility remains with the
participant's health care provider for this medical oversight and instruction. This responsibility
cannot be assumed by personnel at the WIC State or local agency. However, it would be the
responsibility of the WIC competent professional authority to ensure that only the amounts of
supplemental foods prescribed by the participant's health care provider are issued in the
participant's food package.
(e) Food packages. There are seven food packages available under the Program that may be provided to
participants. The authorized supplemental foods must be prescribed from food packages according to
the category and nutritional needs of the participants. Breastfeeding assessment and the mother's plans
for breastfeeding serve as the basis for determining food package issuance for all breastfeeding women.
The intent of the WIC Program is that all breastfeeding women be supported to exclusively breastfeed
their infants and to choose the fully breastfeeding food package without infant formula. Breastfeeding
mothers whose infants receive formula from WIC are to be supported to breastfeed to the maximum
extent possible with minimal supplementation with infant formula. Formula amounts issued to a
breastfed infant are to be tailored to meet but not exceed the infant's nutritional needs. The seven food
packages are as follows:
(1) Food Package I—Infants birth through 5 months —
(i)

Participant category served. This food package is designed for issuance to infants from birth
through age 5 months who do not have a condition qualifying them to receive Food Package III
(see paragraph (e)(3) of this section). The following infant feeding variations are defined for the
purposes of assigning food quantities and types in Food Packages I: Fully breastfeeding (the
infant doesn't receive formula from the WIC Program); partially (mostly) breastfeeding (the
infant is breastfed but also receives infant formula from WIC up to the maximum allowance
described for partially (mostly) breastfed infants in table 1 to paragraph (e)(9) of this section;
and fully formula fed (the infant is not breastfed or is breastfed minimally (the infant receives
infant formula from WIC in quantities that exceed those allowed for partially (mostly) breastfed
infants).

(ii) Infant feeding age categories —Birth through 5 months. Three infant food packages are available
from birth through 5 months—fully breastfeeding, partially (mostly) breastfeeding, or fully
formula-fed.
7 CFR 246.10(e)(1)(ii) (enhanced display)

page 52 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(1)(iii)

(iii) Infant formula requirements. This food package provides iron-fortified infant formula that is not
an exempt infant formula and that meets the requirements in table 4 to paragraph (e)(12) of
this section. The issuance of any contract brand or noncontract brand infant formula that
contains less than 10 milligrams of iron per liter (at least 1.5 milligrams iron per 100
kilocalories) at standard dilution is prohibited. Except as specified in paragraph (d) of this
section, local agencies must issue as the first choice of issuance the primary contract infant
formula, as defined in § 246.2, with all other infant formulas issued as an alternative to the
primary contract infant formula. Noncontract brand infant formula and any contract brand
infant formula that does not meet the requirements in table 4 to paragraph (e)(12) of this
section may be issued in this food package only with medical documentation of the qualifying
condition. A health care professional licensed by the State to write prescriptions must make a
medical determination and provide medical documentation that indicates the need for the
infant formula. For situations that do not require the use of an exempt infant formula, such
determinations include, but are not limited to, documented formula intolerance, food allergy or
inappropriate growth pattern. Medical documentation must meet the requirements described in
paragraph (d) of this section.
(iv) Physical forms. Local agencies must issue all WIC formulas (infant formula, exempt infant
formula and WIC-eligible nutritionals) in concentrated liquid or powder physical forms. Readyto-feed WIC formulas may be authorized when the competent professional authority
determines and documents that:
(A) The participant's household has an unsanitary or restricted water supply or poor
refrigeration;
(B) The person caring for the participant may have difficulty in correctly diluting concentrated
or powder forms; or
(C) The WIC infant formula is only available in ready-to-feed.
(v) Authorized category of supplemental foods. Infant formula is the only category of supplemental
foods authorized in this food package. Exempt infant formulas and WIC-eligible nutritionals are
authorized only in Food Package III (see paragraph (e)(3) of this section). The maximum
monthly allowances, allowed options, and substitution rates of supplemental foods for infants
in Food Packages I are stated in table 1 to paragraph (e)(9) of this section.
(2) Food Package II—Infants 6 through 11 months —
(i)

Participant category served. This food package is designed for issuance to infants from 6
through 11 months of age who do not have a condition qualifying them to receive Food
Package III (see paragraph (e)(3) of this section).

(ii) Infant food packages. Three food packages for infants 6 through 11 months are available—fully
breastfeeding, partially (mostly) breastfeeding, or fully formula fed.
(iii) Infant formula requirements. The requirements for issuance of infant formula in Food Package I,
specified in paragraphs (e)(1)(iii) and (iv) of this section, also apply to the issuance of infant
formula in Food Package II.

7 CFR 246.10(e)(2)(iii) (enhanced display)

page 53 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(2)(iv)

(iv) Authorized categories of supplemental foods. Infant formula, infant cereal, and infant foods are
the categories of supplemental foods authorized in this food package. The maximum monthly
allowances, allowed options, and substitution rates of supplemental foods for infants in Food
Packages II are stated in table 1 to paragraph (e)(9) of this section.
(3) Food Package III—Participants with qualifying conditions —
(i)

Participant category served and qualifying conditions. This food package is reserved for
issuance to women, infants, and children who have a documented qualifying condition that
requires the use of a WIC formula (infant formula, exempt infant formula, or WIC-eligible
nutritional) because the use of conventional foods is precluded, restricted, or inadequate to
address their special nutritional needs. Medical documentation must meet the requirements
described in paragraph (d) of this section. Participants who are eligible to receive this food
package must have one or more qualifying conditions, as determined by a health care
professional licensed to write medical prescriptions under State law. The qualifying conditions
include but are not limited to premature birth, low birth weight, failure to thrive, inborn errors of
metabolism and metabolic disorders, gastrointestinal disorders, malabsorption syndromes,
immune system disorders, severe food allergies that require an elemental formula, and life
threatening disorders, diseases and medical conditions that impair ingestion, digestion,
absorption, or the utilization of nutrients that could adversely affect the participant's nutrition
status. This food package may not be issued solely for the purpose of enhancing nutrient
intake or managing body weight.

(ii) Non-authorized issuance of Food Package III. This food package is not authorized for:
(A) Infants whose only condition is:
(1) A diagnosed formula intolerance or food allergy to lactose, sucrose, milk protein, or
soy protein that does not require the use of an exempt infant formula; or
(2) A non-specific formula or food intolerance;
(B) Women and children who have a food intolerance to lactose or milk protein that can be
successfully managed with the use of one of the other WIC food packages (i.e., Food
Packages IV through VII (see paragraph (e)(4) through (7) of this section); or
(C) Any participant solely for the purpose of enhancing nutrient intake or managing body
weight without an underlying qualifying condition.
(iii) Restrictions on the issuance of WIC formulas in ready-to-feed (RTF) forms. WIC State agencies
must issue WIC formulas (infant formula, exempt infant formula, and WIC-eligible nutritionals)
in concentrated liquid or powder physical forms unless the requirements for issuing RTF are
met as described in paragraph (e)(1)(iv) of this section. In addition to those requirements, there
are two additional conditions which may be used to issue RTF in Food Package III:
(A) If a ready-to-feed form better accommodates the participant's condition; or
(B) If it improves the participant's compliance in consuming the prescribed WIC formula.
(iv) Unauthorized WIC costs. All apparatuses or devices (e.g., enteral feeding tubes, bags, and
pumps) designed to administer WIC formulas are not allowable WIC costs.

7 CFR 246.10(e)(3)(iv) (enhanced display)

page 54 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(3)(v)

(v) Authorized categories of supplemental foods. The supplemental foods authorized in this food
package require medical documentation for issuance and include WIC formula (infant formula,
exempt infant formula, and WIC-eligible nutritionals), infant cereal, infant foods, milk, eggs,
canned fish, fresh and other State-authorized forms of fruits and vegetables, breakfast cereal,
whole wheat/whole grain bread, juice, and legumes and/or peanut butter. The maximum
monthly allowances, allowed options, and substitution rates of supplemental foods for infants
in Food Package III are stated in table 1 to paragraph (e)(9) of this section. The maximum
monthly allowances, allowed options, and substitution rates of supplemental foods for children
and women in Food Package III are stated in table 3 to paragraph (e)(11) of this section.
(vi) Coordination with medical payors and other programs that provide or reimburse for formulas.
WIC State agencies must coordinate with other Federal, State, or local government agencies or
with private agencies that operate programs that also provide or could reimburse for exempt
infant formulas and WIC-eligible nutritionals benefits to mutual participants. At a minimum, a
WIC State agency must coordinate with the State Medicaid Program for the provision of
exempt infant formulas and WIC-eligible nutritionals that are authorized or could be authorized
under the State Medicaid Program for reimbursement and that are prescribed for WIC
participants who are also Medicaid recipients. The WIC State agency is responsible for
providing up to the maximum amount of exempt infant formulas and WIC-eligible nutritionals
under Food Package III in situations where reimbursement is not provided by another entity.
(4) Food Package IV-A and B—Children 1 through 4 years —
(i)

Participant category served. This food package is designed for issuance to children 1 through 4
years of age who do not have a condition qualifying them to receive Food Package III (see
paragraph (e)(3) of this section) and is divided into: Food Package IV-A for children 1 to less
than 2 years of age (i.e., 12 through 23 months) and Food Package IV-B for children 2 years
through 4 years of age.

(ii) Authorized categories of supplemental foods. Milk, breakfast cereal, juice, fresh and other Stateauthorized forms of fruits and vegetables, whole wheat/whole grain bread, eggs, legumes or
peanut butter, and canned fish are the categories of supplemental foods authorized for both
Food Package IV-A and IV-B. The maximum monthly allowances, allowed options, and
substitution rates of supplemental foods for children in Food Packages IV-A and IV-B are stated
in table 2 to paragraph (e)(10) of this section.
(5) Food Package V-A and B—Pregnant and partially (mostly) breastfeeding women —
(i)

Participant categories served. This food package is designed for issuance to three categories of
women who do not have a condition qualifying them to receive Food Package III (see paragraph
(e)(3) of this section) and is divided into: Food Package V-A for issuance to women with
singleton pregnancies and Food Package V-B for issuance to women pregnant with two or
more fetuses and, for up to 1 year postpartum, partially (mostly) breastfeeding women whose
partially (mostly) breastfed infants receive formula from the WIC Program in amounts that do
not exceed the maximum allowances described in table 1 to paragraph (e)(9) of this section.
Women partially (mostly) breastfeeding more than one infant from the same pregnancy and
pregnant women fully or partially breastfeeding singleton infants are eligible to receive Food
Package VII as described in paragraph (e)(7) of this section.

7 CFR 246.10(e)(5)(i) (enhanced display)

page 55 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(5)(ii)

(ii) Authorized categories of supplemental foods. Milk, breakfast cereal, juice, fresh and other Stateauthorized forms of fruits and vegetables, whole wheat/whole grain bread, eggs, legumes and
peanut butter, and canned fish are the categories of supplemental foods authorized in this food
package. The maximum monthly allowances, allowed options, and substitution rates of
supplemental foods for women in Food Packages V-A and V-B are stated in table 2 to
paragraph (e)(10) of this section.
(6) Food Package VI—Postpartum women —
(i)

Participant categories served. This food package is designed for issuance to women up to 6
months postpartum who are not breastfeeding their infants, and to breastfeeding women up to
6 months postpartum whose participating infant receives more than the maximum amount of
formula allowed for partially (mostly) breastfed infants as described in table 1 to paragraph
(e)(9) of this section and who do not have a condition qualifying them to receive Food Package
III (see paragraph (e)(3) of this section).

(ii) Authorized categories of supplemental foods. Milk, breakfast cereal, juice, fresh and other Stateauthorized forms of fruits and vegetables, whole wheat/whole grain bread, eggs, legumes or
peanut butter, and canned fish are the categories of supplemental foods authorized in this food
package. The maximum monthly allowances, allowed options, and substitution rates of
supplemental foods for women in Food Package VI are stated in table 2 to paragraph (e)(10) of
this section.
(7) Food Package VII—Fully breastfeeding —
(i)

Participant categories served. This food package is designed for issuance to breastfeeding
women up to 1 year postpartum whose infants do not receive infant formula from WIC (these
breastfeeding women are assumed to be exclusively breastfeeding their infants) and who do
not have a condition qualifying them to receive Food Package III (see paragraph (e)(3) of this
section). This food package is also designed for issuance to women partially (mostly)
breastfeeding multiple infants from the same pregnancy, and pregnant women who are also
partially (mostly) breastfeeding singleton infants and who do not have a condition qualifying
them to receive Food Package III. Women fully breastfeeding multiple infants from the same
pregnancy receive 1.5 times the supplemental foods provided in Food Package VII.

(ii) Authorized categories of supplemental foods. Milk, breakfast cereal, juice, fresh and other Stateauthorized forms of fruits and vegetables, whole wheat/whole grain bread, eggs, legumes and
peanut butter, and canned fish are the categories of supplemental foods authorized in this food
package. The maximum monthly allowances, allowed options, and substitution rates of
supplemental foods for women in Food Package VII are stated in table 2 to paragraph (e)(10)
of this section.
(8) Supplemental foods—Maximum monthly allowances, options and substitution rates, and minimum
requirements. Tables 1 through 3 to paragraphs (e)(9) through (11) of this section specify the
maximum monthly allowances of foods in WIC food packages and identify WIC food options and
substitution rates. Table 4 to paragraph (e)(12) of this section describes the minimum requirements
and specifications of supplemental foods in the WIC food packages.

7 CFR 246.10(e)(8) (enhanced display)

page 56 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(9)

(9) Full nutrition benefit and maximum monthly allowances supplemental foods for infants in Food
Packages I, II, and III. Full nutrition benefit and maximum monthly allowances, options, and
substitution rates of supplemental foods for infants in Food Packages I, II, and III (see paragraph
(e)(1), (2), and (3) of this section) are stated in table 1 to this paragraph (e)(9) as follows:

7 CFR 246.10(e)(9) (enhanced display)

page 57 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(9)

TABLE 1 TO PARAGRAPH (e)(9)—FOOD PACKAGES I, II, AND III: FULL NUTRITION
BENEFIT (FNB) AND MAXIMUM MONTHLY ALLOWANCES (MMA) OF SUPPLEMENTAL
FOODS FOR INFANTS BY FEEDING OPTION AND FOOD PACKAGE TIMEFRAME
Fully Formula Fed (FF)

Foods1

Food
Packages I-FF
& III-FF
A: 0 through 3
months
B: 4 through 5
months

Food
Packages IIFF
& III-FF
6 through 11
months

Partially (mostly) Breastfed
(BF/FF)
Food
Packages IBF/
FF & III BF/FF
A: 0 through 3
months
B: 4 through 5
months

Food
Packages II
BF/FF & III
BF/FF
6 through 11
months

Fully Breastfed
(BF)
Food
Food
Package Package
I-BF
II-BF
0
6
through through
5
11
months months

WIC
Formula2 3
45678

A: FNB = Up to
806 fl oz.
MMA= 823 fl
reconstituted
liquid
concentrate or
832 fl oz RTF
or 870 fl oz
reconstituted
powder

FNB = Up to
624 fl oz.
MMA = 630 fl
oz
reconstituted
liquid
concentrate
or 643 fl oz
RTF or 696 fl
oz
reconstituted
powder

B: FNB = Up to
884 fl oz.
MMA = 896 fl
oz
reconstituted
liquid
concentrate or
913 fl oz RTF
or 960 fl oz
reconstituted
powder
Infant
Cereal9 10

N/A

A: FNB = Up to
364 fl oz.
MMA = 388 fl
oz
reconstituted
liquid
concentrate or
384 fl oz RTF
or 435 fl oz
reconstituted
powder

FNB = Up to
312 fl oz.
MMA = 315 fl
oz
reconstituted
liquid
concentrate
or 338 fl oz
RTF or 384 fl
oz
reconstituted
powder

N/A

N/A.

B: FNB = Up to
442 fl oz.
MMA = 460 fl
oz
reconstituted
liquid
concentrate or
474 fl oz RTF
or 522 fl oz
reconstituted
powder
8 oz

N/A

8 oz

N/A

16 oz.

128 oz

N/A

128 oz

N/A

128 oz.

11

Infant food N/A
fruits and
vegetables9
10 11 12 13

7 CFR 246.10(e)(9) (enhanced display)

page 58 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

Infant food
meat9 10

N/A

N/A

N/A

7 CFR 246.10(e)(9)

N/A

N/A

40 oz.

NOTES: Abbreviations in order of appearance in table: FF = fully formula fed; BF/FF = partially (mostly)
breastfed; BF = fully breastfed; RTF = ready-to-feed; N/A = Not applicable (the supplemental food is not
authorized in the corresponding food package.
1

Table 4 to paragraph (e)(12) of this section describes the minimum requirements and specifications
for supplemental foods. The competent professional authority (CPA) is authorized to determine
nutritional risk and prescribe supplemental foods in Food Packages I, II, and III (see paragraphs (e)(1),
(2), and (3) of this section) (per medical documentation), as established by State agency policy. Food
Package III is issued to participants with qualifying medical conditions. A WIC formula is issued to
participants receiving Food Package III under the direction of a health care provider.
2

Amounts represent the FNB defined as the minimum amount of reconstituted fluid ounces of liquid
concentrate infant formula as specified for each infant food package category and feeding variation.
The FNB is based on a 13-ounce can that formed the basis of substitution rates for other physical
forms of infant formula (i.e., powder and RTF infant formula).
3

Following a WIC nutrition and breastfeeding assessment of the needs of the dyad, breastfed infants,
even those in the fully formula fed category, should be issued the quantity of formula needed to
support any level of breastfeeding up to the FNB. This amount may be less than the FNB.
4

WIC formula means infant formula, exempt infant formula, or WIC-eligible nutritionals. Infant formula
may be issued for infants in Food Packages I, II and III. Medical documentation is required for
issuance of WIC formula and other supplemental foods in Food Package III. Only infant formula may
be issued for infants in Food Packages I and II.
5

State agencies must issue whole containers that are all the same size of the same physical form.

6

The MMA is specified in reconstituted fluid ounces for liquid concentrate, RTF liquid, and powder
forms of infant formula and exempt infant formula. Reconstituted fluid ounce is the form prepared for
consumption as directed on the container. Formula provided to infants in any form may not exceed the
MMA.
7

The FNB is intended to provide close to 100 percent of the nutritional needs of a non-breastfed infant
from birth to 6 months. State agencies must provide at least the FNB authorized to non-breastfed
infants up to the MMA for the physical form of the product specified for each food package category
unless the food package is tailored to allow “up to” amounts to support breastfeeding.
8

State agencies may round up to issue whole containers of infant formula over the food package
timeframe. State agencies must use the methodology described in accordance with paragraph (h)(1)
of this section.
9

Per paragraph (b)(2)(ii)(A) of this section, State agencies must make the full MMA of all foods
available to participants by providing at least one package size (or combination of sizes) that add up
to the full MMA. However, per paragraph (b)(1)(iii) of this section, State agencies may authorize other
package sizes (excluding WIC formula) to increase participant variety and choice.
10

State agencies may round up to issue whole containers of infant foods (infant cereal, fruits and
vegetables, and meat) over the food package timeframe. State agencies must use the methodology
described in accordance with paragraph (h)(2) of this section.
11

In lieu of infant foods (cereal, fruit, and vegetables), infants older than 6 months of age in Food
Package III may receive WIC formula (infant formula, exempt infant formula, or WIC-eligible
nutritionals) at the same MMA as infants ages 4 through 5 months of age of the same feeding option.

7 CFR 246.10(e)(9) (enhanced display)

page 59 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(9)

12

At State agency option, infants 6 through 11 months in Food Packages II and III may receive a cashvalue voucher (CVV) to purchase fruits and vegetables in lieu of the infant food fruits and vegetables.
Fully breastfed infants, partially (mostly) breastfed infants, and fully formula fed infants may substitute
half (64 oz.) or all (128 oz.) of jarred infant fruits and vegetables with a $10 or $20 CVV, respectively.
The monthly value of the CVV substitution amounts for infant fruits and vegetables will be adjusted
annually for inflation consistent with the annual inflation adjustments made to CVV values for women
and children. State agencies must authorize fresh and one other form (frozen or canned). Dried fruits
and vegetables are not authorized for infants. The CVV may be redeemed for any eligible fruit and
vegetable (refer to table 4 of paragraph (e)(12) of this section and its footnotes).
13

State agencies may not categorically issue a CVV for infants 6 through 11 months. The CVV is to be
provided to the participant only after an individual nutrition assessment, as established by State
agency policy. State agencies must ensure that appropriate nutrition education is provided to the
caregiver addressing developmental readiness, safe food preparation, storage techniques, and feeding
practices to make certain participants are meeting their nutritional needs in a safe and effective

7 CFR 246.10(e)(9) (enhanced display)

page 60 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(9)

manner.

7 CFR 246.10(e)(9) (enhanced display)

page 61 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(10)

(10) Maximum monthly allowances of supplemental foods in Food Packages IV through VII. The maximum
monthly allowances, options, and substitution rates of supplemental foods for children and women
in Food Packages IV through VII (see paragraphs (e)(4) through (7) of this section) are stated in
table 2 to this paragraph (e)(10) as follows:

7 CFR 246.10(e)(10) (enhanced display)

page 62 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(10)

TABLE 2 TO PARAGRAPH (e)(10)—FOOD PACKAGES IV, V, VI, AND VII: MAXIMUM
MONTHLY ALLOWANCES (MMA) OF SUPPLEMENTAL FOODS FOR CHILDREN AND
WOMEN
Children

Foods1

Food Package IV
A: 12 through 23
months
B: 2 through 4
years

Women
Food Package V
A: Pregnant
B: Partially
(Mostly)
Breastfeeding
(up to 1 year
postpartum)2

Food Package VI
Postpartum
(up to 6 months
postpartum)3

Food Package VII
Fully
Breastfeeding
(up to 1 year
post-partum)4 5

Juice, single
strength6 7

64 fl oz

64 fl oz

64 fl oz

64 fl oz.

Milk, fluid8 9 10 11 12

A: 12 qt.8 9 11 12

16 qt.8 10 11 12 13

16 qt.8 10 11 12 13

16 qt.8 10 11 12 13 15

13 14 15

14

15

15

B: 14

qt.8 10 11 12

13 14

Breakfast

cereal16

36 oz

36 oz

36 oz

36 oz.

Eggs17

1 dozen

1 dozen

1 dozen

2 dozen.

Fruits and
vegetables18 19

$24.00 CVV

A: $43.00 CVV.
B: $47.00 CVV

$43.00 CVV

$47.00 CVV.

Whole wheat or
whole grain bread20

24 oz

48 oz

48 oz

48 oz.

Fish (canned)21 22

6 oz

A: 10 oz.
B: 15 oz

10 oz

20 oz.

Mature Legumes
and/or Peanut
butter23

1 lb dry or 64 oz
canned Or 18 oz

1 lb dry or 64 oz
1 lb dry or 64 oz
canned And 18 oz canned Or 18 oz

1 lb dry or 64 oz
canned And 18
oz.

NOTE: Abbreviations in order of appearance in table: N/A = Not applicable (the supplemental food is
not authorized in the corresponding food package); CVV = cash-value voucher.
1

Table 4 to paragraph (e)(12) of this section describes the minimum requirements and specifications
for supplemental foods. Per paragraph (b)(2)(ii)(A) of this section, State agencies must make the full
MMA of all foods available to participants by providing at least one package size (or combination of
sizes) that add up to the full MMA. However, per paragraph (b)(1)(iii) of this section, State agencies
may authorize other package sizes to increase participant variety and choice. The competent
professional authority (CPA) is authorized to determine nutritional risk and prescribe supplemental
foods as established by State agency policy.
2

Food Package V-A (see paragraph (e)(5) of this section) is issued to women participants with
singleton pregnancies. Food Package V-B (see paragraph (e)(5)) is issued to two categories of WIC
participants: breastfeeding women whose partially (mostly) breastfed infants receive formula from
WIC in amounts that do not exceed the maximum formula allowances, as appropriate for the age of
the infant as described in table 1 to paragraph (e)(9) of this section, and women pregnant with two or

7 CFR 246.10(e)(10) (enhanced display)

page 63 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(10)

more fetuses.
3

Food Package VI is issued to two categories of WIC participants: non-breastfeeding postpartum
women and breastfeeding postpartum women whose infants receive more than the maximum infant
formula allowances from WIC for partially (mostly) breastfed infants, as appropriate for the age of the
infant as described in table 1 to paragraph (e)(9) of this section.
4

Food Package VII is issued to three categories of WIC participants: fully breastfeeding women whose
infants do not receive formula from WIC; women partially (mostly) breastfeeding multiple infants from
the same pregnancy; and pregnant women who are also fully or partially (mostly) breastfeeding
singleton infants.
5

Women fully breastfeeding multiple infants from the same pregnancy are prescribed 1.5 times the
MMA.
6

Combinations of single-strength and concentrated juices may be issued provided that the total
volume does not exceed the MMA for single-strength juice.
7

Children and women may choose to substitute a $3 CVV for the full juice amount (64 fluid ounces).
The monthly value of the CVV substitution amount for juice will be adjusted annually for inflation
consistent with the annual inflation adjustments made to CVV values for women and children. A
partial CVV substitution for juice is not authorized. The CVV may be redeemed for any eligible fruit and
vegetable (refer to table 4 of paragraph (e)(12) to this section and its footnotes).
8

Regular and lactose-free milk must be authorized. “Regular milk” refers to milk that conforms to FDA
standard of identity 21 CFR 131.110 and contains lactose exclusive of fat content (e.g., low-fat milk).
State agencies have the option to authorize plant-based milk alternatives, yogurts, and cheeses,
described in table 4 to paragraph (e)(12) of this section and its footnotes, as milk substitution options
when individually tailoring food packages.
9

Whole milk is the standard milk for issuance to 1-year-old children (12 through 23 months). Whole fat
or low-fat yogurts may be substituted for fluid milk for 1-year-old children, and both are standard
issuance when substituting yogurt. Fat-reduced milks or nonfat yogurt may be issued to 1-year-old
children for whom overweight or obesity is a concern. The need for fat-reduced milks or nonfat yogurt
for 1-year-old children must be based on an individual nutritional assessment.
10

Low-fat (1%) or nonfat milks are the standard milk for issuance to children ≥24 months of age and
women. Reduced-fat (2%) milk is authorized only for participants with certain conditions, including but
not limited to, underweight and maternal weight loss during pregnancy. The need for reduced-fat (2%)
milk for children receiving Food Package IV-B and women must be based on an individual nutritional
assessment.
11

Evaporated milk may be substituted at the rate of 16 fluid ounces of evaporated milk per 32 fluid
ounces of fluid milk (i.e., 1:2 fluid ounce substitution ratio). Dry milk may be substituted at an equal
reconstituted rate to fluid milk.
12

For children and women, 1 pound of cheese (dairy and/or plant-based) may be substituted for 3
quarts of milk; 1 quart of yogurt (dairy and/or plant-based) may be substituted for 1 quart of milk with
a maximum of 2 quarts of yogurt that may be substituted for 2 quarts of milk. Women receiving Food
Package VII may substitute up to of 2 pounds of cheese for 6 quarts of milk. For children and women
in Food Packages IV through VI, no more than 1 pound of cheese may be substituted. State agencies
do not have the option to issue additional amounts of cheese or yogurt beyond these maximums even
with medical documentation.
13

For children ≥24 months of age (Food Package IV-B) and women, low-fat or nonfat yogurts are the

7 CFR 246.10(e)(10) (enhanced display)

page 64 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(10)

only types of yogurts authorized.
14

When individually tailoring food packages for children, plant-based milk alternatives may be
substituted for milk on a quart for quart basis up to the total MMA of milk; tofu may be substituted for
milk for children at the rate of 1 pound of tofu per 1 quart of milk up to the MMA for milk.
15

When individually tailoring food packages for women, plant-based milk alternatives may be
substituted for milk on a quart for quart basis up to the total MMA of milk; tofu may be substituted for
milk at the rate of 1 pound of tofu per 1 quart of milk up to the total MMA of milk.
16

At least 75 percent of cereal on a State agency's authorized food list must meet whole grain criteria
for breakfast cereal (refer to table 4 to paragraph (e)(12) of this section and its footnotes).
17

State agencies must authorize substitution of dry legumes (1 pound), canned legumes (64 ounces),
and peanut butter (18 ounces) for each 1 dozen eggs when individually tailoring food packages. At
State agency option, State agencies may authorize tofu (1 pound) or nut and seed butters (18 ounces)
to substitute for each 1 dozen eggs when individually tailoring food packages.
18

State agencies must authorize fresh and one other form of processed (i.e., canned (shelf-stable),
frozen, and/or dried) fruits and vegetables. State agencies may choose to authorize additional or all
processed forms of fruits and vegetables. The CVV may be redeemed for any eligible fruit and
vegetable (refer to table 4 to paragraph (e)(12) of this section and its footnotes). Except as authorized
in paragraph (b)(1)(i) of this section, State agencies may not selectively choose which fruits and
vegetables are available to participants. For example, if a State agency chooses to offer dried fruits, it
must authorize all WIC-eligible dried fruits.
19

The monthly value of the fruit/vegetable CVV will be adjusted annually for inflation using fiscal year
2022 as the base year as described in § 246.16(j).
20

Whole wheat or whole grain bread must be authorized. State agencies have the option to also
authorize other whole grain options as described in table 4 to paragraph (e)(12) of this section and its
footnotes.
21

Issuance of smaller container sizes is encouraged to reduce the likelihood of exceeding a safe
weekly consumption level of methylmercury. The U.S. Food and Drug Administration (FDA) and the
U.S. Environmental Protection Agency (EPA) provide joint advice regarding fish consumption to limit
methylmercury exposure for children. As noted in their 2021 joint advice, depending on body weight,
some women and some children should choose fish lowest in methylmercury or eat less fish than the
amounts in the 2020-2025 Dietary Guidelines for Americans (DGA) Healthy US-Style Dietary Pattern.
More information is available on the FDA and EPA websites at FDA.gov/fishadviceandEPA.gov/
fishadvice.
22

As noted in the 2021 FDA-EPA joint advice about eating fish, for some children, depending on age
and caloric needs, the amounts of fish in the 2020-2025 DGA are higher than in the FDA-EPA advice.
The DGA states that to consume these higher amounts, these children should consume only fish from
the “Best Choices” list that are even lower in mercury—among the WIC-eligible varieties, this includes
Atlantic mackerel, salmon, and sardines.
23

State agencies are required to offer both mature dry (1 pound) and canned (64 ounces) legumes.
Food Packages V and VII must provide both legumes and peanut butter. However, when individually
tailoring these food packages, State agencies may issue the following combinations: 1 pound dry and
64 oz. canned legumes (and no peanut butter); 2 pounds dry or 128 oz. canned legumes (and no
peanut butter); or 36 oz. peanut butter (and no legumes). State agencies also have the option to
authorize other nut and seed butters as a substitute for peanut butter (on a 1:1 ounce substitution
ratio), as described in table 4 to paragraph (e)(12) of this section and its footnotes, when individually

7 CFR 246.10(e)(10) (enhanced display)

page 65 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(10)

tailoring food packages.

7 CFR 246.10(e)(10) (enhanced display)

page 66 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(11)

(11) Maximum monthly allowances of supplemental foods for children and women with qualifying
conditions in Food Package III. The maximum monthly allowances, options, and substitution rates of
supplemental foods for participants with qualifying conditions in Food Package III are stated in table
3 to this paragraph (e)(11) as follows:

7 CFR 246.10(e)(11) (enhanced display)

page 67 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(11)

TABLE 3 TO PARAGRAPH (e)(11)—FOOD PACKAGE III: MAXIMUM MONTHLY
ALLOWANCES (MMA) OF SUPPLEMENTAL FOODS FOR CHILDREN AND WOMEN WITH
QUALIFYING CONDITIONS
Children
Foods1

A: 12 through
23 months
B: 2 through 4
years

Women
A: Pregnant
B: Partially (Mostly)
Breastfeeding (up to 1 year
postpartum)2

Postpartum
(up to 6
months
postpartum)3

Fully
Breastfeeding
(up to 1 year
postpartum)4 5

Juice, single
strength6 7

64 fl oz

64 fl oz

64 fl oz

64 fl oz.

WIC formula8 9

Up to 455 fl oz
liquid
concentrate

Up to 455 fl oz liquid
concentrate

Up to 455 fl oz
liquid
concentrate

Up to 455 fl oz
liquid
concentrate.

Milk, fluid10 11 12

A: 12 qt.10 11 13 16 qt.10 12 13 14 15 17
14 16.
B: 14 qt.10 12 13

16 qt.10 12 13 14

16 qt.10 12 13 14

15 17

15 17

13 14 15 16 17

14 15 16

Breakfast
cereal18 19

36 oz

36 oz

36 oz

36 oz.

Eggs20

1 dozen

1 dozen

1 dozen

2 dozen.

Fruits and
vegetables21 22

$24.00 CVV

A: $43.00 CVV.
B: $47.00 CVV

$43.00 CVV

47.00 CVV.

Whole wheat or
whole grain
bread24

24 oz

48 oz

48 oz

48 oz.

Fish (canned)25

6 oz

A: 10 oz.
B: 15 oz

10 oz

20 oz.

1 lb dry or 64
oz canned
Or
18 oz

1 lb dry or 64 oz canned
And
18 oz

1 lb dry or 64
oz canned
Or
18 oz

1 lb dry or 64
oz canned
And
18 oz.

23

26

Mature
Legumes
and/or
Peanut butter27

NOTE: Abbreviations in order of appearance in table: N/A = Not applicable (the supplemental food is
not authorized in the corresponding food package); CVV = cash-value voucher.
1

Table 4 to paragraph (e)(12) of this section describes the minimum requirements and specifications
for supplemental foods. Food Package III is issued to participants with qualifying medical conditions
that require use of a WIC formula and supplementary foods under the direction of a health care
provider. Per paragraph (b)(2)(ii)(A) of this section, State agencies must make the full MMA of all
foods available to participants by providing at least one package size (or combination of sizes) that
add up to the full MMA. However, per paragraph (b)(1)(iii) of this section, State agencies may authorize
other package sizes (excluding WIC formula) to increase participant variety and choice. The
competent professional authority (CPA) is authorized to determine nutritional risk and prescribe

7 CFR 246.10(e)(11) (enhanced display)

page 68 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(11)

supplemental foods per medical documentation, as established by State agency policy.
2

Food Package III-A for women is issued to participants with singleton pregnancies. Food Package IIIB for women is issued to two categories of participants: women pregnant with two or more fetuses
and breastfeeding women whose partially (mostly) breastfed infants receive formula from WIC in
amounts that do not exceed the maximum formula allowances, as appropriate for the age of the infant
as described in table 1 to paragraph (e)(9) of this section.
3

This food package is issued to two categories of WIC participants: non-breastfeeding postpartum
women and breastfeeding postpartum women whose infants receive more than the maximum infant
formula allowances from WIC for partially (mostly) breastfed infants, as appropriate for the age of the
infant as described in table 1 to paragraph (e)(9) of this section.
4

This food package is issued to three categories of WIC participants: fully breastfeeding women
whose infants do not receive formula from WIC; women partially (mostly) breastfeeding multiple
infants from the same pregnancy; and pregnant women who are also fully or partially (mostly)
breastfeeding singleton infants.
5

Women fully breastfeeding multiple infants from the same pregnancy are prescribed 1.5 times the
MMA.
6

Combinations of single-strength and concentrated juices may be issued provided that the total
volume does not exceed the MMA for single-strength juice.
7

As determined appropriate by the health care provider per medical documentation, children and
women may choose to substitute a $3 CVV for the full juice amount (64 fluid ounces)—a partial CVV
substitution for juice is not authorized—or use their $3 CVV for jarred infant food fruits and vegetables.
State agencies must use the conversion of $1 CVV = 6.25 ounces of jarred infant food fruits and
vegetables. The monthly value of the CVV substitution amount for juice will be adjusted annually for
inflation consistent with the inflation adjustments made to women and children's CVV values.
8

WIC formula means infant formula, exempt infant formula, or WIC-eligible nutritionals. Participants
may receive up to 455 fluid ounces of a WIC formula (liquid concentrate) as determined appropriate by
the health care provider per medical documentation. The number of fluid ounces refers to the amount
as prepared according to directions on the container.
9

Powder and ready-to-feed may be substituted at rates that provide comparable nutritive value.

10

Regular and lactose-free milk must be authorized. “Regular milk” refers to milk that conforms to
FDA standard of identity 21 CFR 131.110 and contains lactose exclusive of fat content (e.g., low-fat
milk). State agencies have the option to authorize plant-based milk alternatives, yogurts, and cheeses,
described in table 4 of paragraph (e)(12) of this section and its footnotes, as determined appropriate
by the health care provider per medical documentation.
11

Whole milk is the standard milk for issuance to 1-year-old children (12 through 23 months). Whole
fat or low-fat yogurts may be substituted for fluid milk for 1-year-old children, and both are standard
issuance when substituting yogurt. Fat-reduced milks or nonfat yogurt may be issued to 1-year-old
children as determined appropriate by the health care provider per medical documentation.
12

Low-fat (1%) or nonfat milks are the standard milk for issuance to children ≥24 months of age and
women. Whole milk or reduced-fat (2%) milk may be substituted for low-fat (1%) or nonfat milk for
children ≥24 months of age and women as determined appropriate by the health care provider per
medical documentation.
13

Evaporated milk may be substituted at the rate of 16 fluid ounces of evaporated milk per 32 fluid
ounces of fluid milk (a 1:2 fluid ounce substitution ratio). Dry milk may be substituted at an equal

7 CFR 246.10(e)(11) (enhanced display)

page 69 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(11)

reconstituted rate to fluid milk.
14

For children and women, 1 pound of cheese (dairy- and/or plant-based) may be substituted for 3
quarts of milk and 1 quart of yogurt (dairy- and/or plant-based) may be substituted for 1 quart of milk
as determined appropriate by the health care provider per medical documentation. A maximum of 2
quarts of yogurt that may be substituted for 2 quarts of milk for both children and women. Fully
breastfeeding women may substitute up to 2 pounds of cheese for 6 quarts of milk. Children and
pregnant, partially breastfeeding, and postpartum women may substitute no more than 1 pound of
cheese. State agencies do not have the option to issue additional amounts of cheese or yogurt beyond
these maximums even with medical documentation.
15

For children ≥24 months of age and women, low-fat or nonfat yogurts are the only types of yogurts
authorized. Whole or reduced-fat yogurt may be substituted for low-fat or nonfat yogurt for children
≥24 months of age and women as determined appropriate by the health care provider per medical
documentation.
16

For children, issuance of tofu and plant-based milk alternatives may be substituted for milk as
determined appropriate by the health care provider per medical documentation. Plant-based milk
alternatives may be substituted for milk for children on a quart for quart basis up to the total MMA of
milk. Tofu may be substituted for milk for children at the rate of 1 pound of tofu per 1 quart of milk up
to the MMA of milk, as determined appropriate by the health care provider per medical documentation.
17

For women, plant-based milk alternatives may be substituted for milk on a quart for quart basis up
to the total MMA of milk. Tofu may be substituted for milk at the rate of 1 pound of tofu per 1 quart of
milk up to the MMA of milk, as determined appropriate by the health care provider per medical
documentation.
18

32 dry ounces of infant cereal may be substituted for 36 ounces of breakfast cereal as determined
appropriate by the health care provider per medical documentation.
19

At least 75 percent of cereals authorized on a State agency's authorized food list must meet whole
grain criteria for breakfast cereal (refer to table 4 to paragraph (e)(12) of this section and its
footnotes).
20

State agencies must authorize substitution of dry legume (1 pound), canned legumes (64 ounces),
and peanut butter (18 ounces) for each 1 dozen eggs and, at State agency option, State agencies may
authorize tofu (1 pound) or nut and seed butters (18 ounces) to substitute for each 1 dozen eggs as
determined appropriate by the health care provider per medical documentation.
21

State agencies must authorize fresh and one other form (i.e., canned (shelf-stable), frozen, and/or
dried) of fruits and vegetables. State agencies may choose to authorize additional or all processed
forms of fruits and vegetables. The CVV may be redeemed for any eligible fruit and vegetable (refer to
table 4 to paragraph (e)(12) of this section and its footnotes). Except as authorized in paragraph
(b)(1)(i) of this section, State agencies may not selectively choose which fruits and vegetables are
available to participants. For example, if a State agency chooses to offer dried fruits, it must authorize
all WIC-eligible dried fruits.
22

Children and women whose special dietary needs require the use of pureed foods may receive
commercial jarred infant food fruits and vegetables in lieu of the CVV. For children and women who
require jarred infant food fruits and vegetables in place of the CVV, State agencies must use the
conversion of $1 CVV = 6.25 ounces of jarred infant food fruits and vegetables. Infant food fruits and
vegetables may be substituted for the CVV as determined appropriate by the health care provider per
medical documentation.
23

The monthly value of the fruit/vegetable CVV will be adjusted annually for inflation as described in §

7 CFR 246.10(e)(11) (enhanced display)

page 70 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(11)

246.16(j).
24

Whole wheat or whole grain bread must be authorized. State agencies have the option to also
authorize other whole grain options as described in table 4 to paragraph (e)(12) of this section and its
footnotes.
25

Issuance of smaller container sizes is encouraged to reduce the likelihood of exceeding a safe
weekly consumption level of methylmercury. The U.S. Food and Drug Administration (FDA) and the
U.S. Environmental Protection Agency (EPA) provide joint advice regarding fish consumption to limit
methylmercury exposure for children. As noted in their 2021 joint advice, depending on body weight,
some women and some children should choose fish lowest in methylmercury or eat less fish than the
amounts in the 2020-2025 DGA Healthy US-Style Dietary Pattern. More information is available on the
FDA and EPA websites at FDA.gov/fishadviceandEPA.gov/fishadvice.
26

As noted in the 2021 FDA-EPA joint advice about eating fish, for some children, depending on age
and caloric needs, the amounts of fish in the 2020-2025 DGA are higher than in the FDA-EPA advice.
The DGA states that to consume these higher amounts, these children should consume only fish from
the “Best Choices” list that are even lower in mercury—among the WIC-eligible varieties, these include
Atlantic mackerel, salmon, and sardines.
27

State agencies are required to offer both mature dry (1 pound) and canned (64 ounces) legumes.
For food packages that provide both legumes and peanut butter, State agencies may issue the
following combinations: 1 pound dry and 64 oz. canned legumes (and no peanut butter); 2 pounds dry
or 128 oz. canned legumes (and no peanut butter); or 36 oz. peanut butter (and no legumes). State
agencies have the option to authorize other nut and seed butters as a substitute for peanut butter (on
a 1:1 ounce substitution ratio), as described in table 4 of paragraph (e)(12) of this section and its

7 CFR 246.10(e)(11) (enhanced display)

page 71 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(11)

footnotes, as determined appropriate by the health care provider per medical documentation.

7 CFR 246.10(e)(11) (enhanced display)

page 72 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

(12) Minimum requirements and specifications for supplemental foods. Table 4 to this paragraph (e)(12)
describes the minimum requirements and specifications for supplemental foods in all food
packages:

7 CFR 246.10(e)(12) (enhanced display)

page 73 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

TABLE 4 TO PARAGRAPH (e)(12)—MINIMUM REQUIREMENTS AND SPECIFICATIONS
FOR SUPPLEMENTAL FOODS
Categories/
foods

Minimum requirements and specifications

WIC Formula:
Infant Formula

All authorized infant formulas must:
(1) Meet the definition for an infant formula in section 201(z) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(z)) and meet the requirements for an infant
formula under section 412 of the Federal Food, Drug and Cosmetic Act, as
amended (21 U.S.C. 350a), and the regulations at 21 CFR parts 106 and 107;
(2) Be designed for enteral digestion via an oral or tube feeding;
(3) Provide at least 10 mg iron per liter (at least 1.5 mg iron/100 kilocalories) at
standard dilution;
(4) Provide at least 67 kilocalories per 100 milliliters (approximately 20 kilocalories
per fluid ounce) at standard dilution; and
(5) Not require the addition of any ingredients other than water prior to being served
in a liquid state.

Exempt Infant
Formula

All authorized exempt infant formula must:
(1) Meet the definition and requirements for an exempt infant formula under section
412(h) of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C.
350a(h)), and the regulations at 21 CFR parts 106 and 107; and
(2) Be designed for enteral digestion via an oral or tube feeding.

WIC-eligible
Nutritionals1

Certain enteral products that are specifically formulated and commercially
manufactured (as opposed to a naturally occurring foodstuff used in its natural
state) to provide nutritional support for individuals with a qualifying condition, when
the use of conventional foods is precluded, restricted, or inadequate. Such WICeligible nutritionals must serve the purpose of a food, meal, or diet (may be
nutritionally complete or incomplete) and provide a source of calories and one or
more nutrients; be designed for enteral digestion via an oral or tube feeding; and
may not be a conventional food, drug, flavoring, or enzyme.

Milk, Milk
Alternatives,
and Milk
Substitutions:
Cow's Milk2

Must conform to FDA Standard of Identity for whole, reduced-fat, low-fat, or nonfat
milks (21 CFR 131.110). Must be pasteurized. Only unflavored milk is permitted.
May be fluid, shelf-stable, evaporated (21 CFR 131.130), or dry.
Dry whole milk must conform to FDA Standard of Identity (21 CFR 131.147). Nonfat
dry milk must conform to FDA Standard of Identity (21 CFR 131.127).
Cultured milks must conform to FDA Standard of Identity for cultured milk, e.g.,
cultured buttermilk, kefir cultured milk, acidophilus cultured milk (21 CFR 131.112).

7 CFR 246.10(e)(12) (enhanced display)

page 74 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

Acidified milk must conform to FDA Standard of Identity for acidified milk, e.g.,
acidified kefir milk, acidified acidophilus milk or acidified buttermilk (21 CFR
131.111).
Whole, reduced-fat, low-fat, and nonfat cow's milk types and varieties must contain
at least 400 IU of vitamin D per quart (100 IU per cup) and 2,000 IU of vitamin A per
quart (500 IU per cup).
Goat's Milk

Must be pasteurized. Only unflavored milk is permitted. May be fluid, shelf-stable,
evaporated, or dry (i.e., powdered).
Whole, reduced-fat, low-fat, and nonfat goat's milk must contain at least 400 IU of
vitamin D per quart (100 IU per cup) and 2,000 IU of vitamin A per quart (500 IU per
cup).

Plant-based
Milk
Alternatives

Must contain ≤10 g of added sugars per cup and be fortified to meet the following
nutrient levels (amounts are provided per cup): 276 mg calcium, 8 g protein, 500
international units vitamin A, 100 IU (2.5 micrograms) vitamin D, 24 mg magnesium,
222 mg phosphorus, 349 mg potassium, 0.44 mg riboflavin, and 1.1 mcg vitamin
B12, in accordance with FDA-issued fortification guidelines. May be flavored or
unflavored.

Cheese

Domestic cheese made from 100 percent pasteurized milk. Must conform to FDA
Standard of Identity (21 CFR part 133); Monterey Jack, Colby, natural Cheddar,
Swiss, Brick, Muenster, Provolone, part-skim or whole Mozzarella, pasteurized
process American, or blends of any of these cheeses are authorized.
Cheeses that are labeled low, free, reduced, less or light in sodium, fat or cholesterol
are WIC-eligible.

Plant-based
Cheese
Alternatives

Must contain a minimum of 250 mg of calcium and 6.5 g of protein per 1.5 ounces.
Plant-based curd cheeses are not authorized.

Yogurt (cow's
milk)

Must be pasteurized, conform to FDA Standard of Identity (21 CFR 131.200) and
contain ≤16 grams of added sugar and a minimum of 106 IU (2.67 micrograms) of
vitamin D per 8 ounces. May be plain or flavored. Yogurts that are fortified with
vitamin A and other nutrients may be allowed at the State agency's option. Yogurts
sold with accompanying mix-in ingredients such as granola, candy pieces, honey,
nuts, and similar ingredients are not authorized. Drinkable yogurts are not
authorized.

Plant-based
Yogurt
Alternatives

Must contain ≤16 g of added sugars and a minimum of 250 mg of calcium, 6.5 g of
protein, and 106 IU (2.67 micrograms) of vitamin D per 8 ounces. May be plain or
flavored.
Plant-based yogurts sold with accompanying mix-in ingredients such as granola,
candy pieces, honey, nuts, and similar ingredients are not authorized. Drinkable
yogurts are not authorized.

Tofu
Juice

Must contain a minimum of 100 mg of calcium per 100 g of tofu. May not contain
added fats, sugars, oils, or sodium.
Must be pasteurized 100 percent unsweetened fruit juice. Must contain at least 30
mg of vitamin C per 100 mL of juice. Must conform to FDA Standard of Identity as
appropriate (21 CFR part 146) or vegetable juice must conform to FDA Standard of

7 CFR 246.10(e)(12) (enhanced display)

page 75 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

Identity as appropriate (21 CFR part 156). Except for 100 percent citrus juices, State
agencies must verify the vitamin C content of all State-approved juices. Juices that
are fortified with other nutrients may be allowed at the State agency's option. Juice
may be fresh, from concentrate, frozen, canned, or shelf stable. Blends of
authorized juices are allowed.
Vegetable juice may be regular or lower in sodium.
Eggs

Fresh shell domestic hens' eggs or dried eggs mix (must conform to FDA Standard
of Identity in 21 CFR 160.105) or pasteurized liquid whole eggs (must conform to
FDA Standard of Identity in 21 CFR 160.115).
Hard boiled eggs, where readily available for purchase in small quantities, may be
provided for homeless participants.

Breakfast
Cereal
(Ready-to-eat
and instant
and regular
hot cereals)

Must contain a minimum of 28 mg iron per 100 g dry cereal.
Must contain ≤21.2 g of added sugar per 100 g dry cereal (≤6 g per dry oz.)

Seventy five percent of cereals on the State agency authorized food list must
contain whole grain as the first ingredient.
Fruits and
vegetables
(fresh and
processed)3 4

Any variety of fresh (as defined by 21 CFR 101.95) whole or cut fruit without added
sugars.
Any variety of fresh (as defined by 21 CFR 101.95) whole or cut vegetable without
added sugars, fats, or oils.

567

Any variety of canned fruits (must conform to FDA standard of identity as
appropriate (21 CFR part 145)); including applesauce, juice pack or water pack
without added sugars, fats, oils, or salt (i.e., sodium). The fruit must be listed as the
first ingredient.
Any variety of frozen fruits without added sugars, fats, oils, or salt (i.e., sodium).
Any variety of canned or frozen vegetables without added sugars, fats, or oils.
Vegetable must be listed as the first ingredient. May be regular or lower in sodium.
Must conform to FDA standard of identity as appropriate (21 CFR part 155).
Any type of dried fruits or dried vegetables without added sugars, fats, oils, or salt
(i.e., sodium).
Any type of immature beans, peas, or lentils, fresh or in canned4 forms.
Any type of frozen beans (immature or mature). Beans purchased with the CVV may
contain added vegetables and fruits, but may not contain added sugars, fats, oils, or
meat as purchased. Canned beans, peas, or lentils may be regular or lower in
sodium content.
State agencies must allow organic forms of WIC-eligible fruits and vegetables.
Whole Wheat
Bread, Whole
Grain Bread,
and Whole

7 CFR 246.10(e)(12) (enhanced display)

page 76 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

Grain
Options:
Bread

Whole wheat bread must conform to FDA Standard of Identity (21 CFR 136.180).
(Includes whole wheat buns and rolls.) “Whole wheat flour” and/or “bromated whole
wheat flour” must be the only flours listed in the ingredient list.
OR
Whole grain bread must conform to FDA Standard of Identity (21 CFR 136.110)
(includes whole grain buns and rolls)
AND
Must contain at least 50 percent whole grains with the remaining grains being either
enriched or whole grains.8

Whole Grain
Options

Brown rice, wild rice, quinoa, bulgur (cracked wheat), oats, whole-grain barley, millet,
triticale, amaranth, cornmeal (including blue), corn masa flour, whole wheat
macaroni (pasta) products, whole wheat bread products (i.e., pita, English muffin,
bagels, naan), soft corn or whole wheat tortillas, buckwheat, teff, kamut, sorghum,
wheat berries without added sugars, fats, oils, or salt (i.e., sodium). May be instant-,
quick-, or regular-cooking.
State agencies have the option to authorize other intact whole grain options without
added sugars, fats, oils, or salt (i.e., sodium).
Corn meal (including blue) must conform to FDA Standard of Identity 21 CFR
137.260 & aligning with USDA School Meal Guidance.
Soft corn or whole wheat tortillas. Soft corn tortillas made from ground masa flour
(corn flour) using traditional processing methods are WIC-eligible, e.g., whole corn,
corn (masa), whole ground corn, corn masa flour, masa harina, and white corn flour.
For whole wheat tortillas, “whole wheat flour” must be the only flour listed in the
ingredient list. States may offer tortillas made with folic acid-fortified corn masa
flour.
Whole wheat macaroni (pasta) products. Must conform to FDA Standard of Identity
(21 CFR 139.138) and have no added sugars, fats, oils, or salt (i.e., sodium). “Whole
wheat flour” and/or “whole durum wheat flour” must be the only flours listed in the
ingredient list. Other shapes and sizes that otherwise meet the FDA Standard of
Identity for whole wheat macaroni (pasta) products (21 CFR 139.138), and have no
added sugars, fats, oils, or salt (i.e., sodium), are also allowed (e.g., whole wheat
rotini, and whole wheat penne).

Fish
(canned)4

Light tuna (must conform to FDA Standard of Identity (21 CFR 161.190));
Salmon (Pacific salmon must conform to FDA standard of identity (21 CFR
161.170));
Sardines; and
Mackerel (N. Atlantic Scomber scombrus, Chub Pacific Scomber japonicas)9
May be packed in water or oil. Pack may include bones or skin. Only boneless
varieties of fish may be provided to children at State agency option. Added sauces
and flavorings, e.g., tomato sauce, mustard, lemon, are authorized at the State
agency's option. May be regular or lower in sodium content.

7 CFR 246.10(e)(12) (enhanced display)

page 77 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

Mature
Legumes,
Peanut
Butter, and
Peanut Butter
Substitutions:
Mature
Legumes (dry
beans and
peas)10

Any type of mature dry beans, peas, or lentils in dry-packaged and canned4 forms.
Examples include but are not limited to black beans, black-eyed peas, garbanzo
beans (chickpeas), great northern beans, white beans (navy and pea beans), kidney
beans, mature lima (“butter beans”), fava beans, mung beans, pinto beans,
soybeans/edamame, split peas, lentils, and refried beans. Does not include green
beans or green peas. All categories exclude soups. May not contain added sugars,
fats, oils, vegetables, fruits, or meat as purchased. Canned legumes may be regular
or lower in sodium content.11
Baked beans may only be provided for participants with limited cooking facilities.11

Peanut Butter

Nut and Seed
Butters

Peanut butter and reduced-fat peanut butter must conform to FDA Standard of
Identity (21 CFR 164.150); creamy or chunky, regular, or reduced-fat, salted or
unsalted forms are allowed. Peanut butters with added marshmallows, honey, jelly,
chocolate, or similar ingredients are not authorized.
Must provide comparable nutritive value to peanut butter (i.e., protein and iron).
May be creamy or chunky, regular, or reduced-fat, salted or unsalted forms are
allowed. Nut and seed butter with added marshmallows, honey, jelly, chocolate, or
similar ingredients are not authorized.

Infant Foods:
Infant Cereal

Infant cereal must contain a minimum of 45 mg of iron per 100 g of dry cereal.12

Infant Fruits

Any variety of single ingredient commercial infant food fruit without added sugars,
starches, or salt (i.e., sodium). Texture may range from strained through diced. The
fruit must be listed as the first ingredient.13

Infant
Vegetables

Any variety of single ingredient commercial infant food vegetables without added
sugars, starches, or salt (i.e., sodium). Texture may range from strained through
diced. The vegetable must be listed as the first ingredient.14

Infant Meat

Any variety of commercial infant food meat or poultry as a single major ingredient,
with added broth or gravy. Added sugars or salt (i.e., sodium) are not allowed.
Texture may range from pureed through diced.15

NOTE: FDA = Food and Drug Administration of the U.S. Department of Health and Human Services.
Foods must comply with labeling requirements consistent with 21 CFR parts 130 and 101.
1

The following are not considered a WIC-eligible nutritional: Formulas used solely for the purpose of
enhancing nutrient intake, managing body weight, or addressing picky eaters or used for a condition
other than a qualifying condition (e.g., vitamin pills, weight control products, etc.); medicines or drugs
as defined by the Federal Food, Drug, and Cosmetic Act as amended; enzymes, herbs, or botanicals;
oral rehydration fluids or electrolyte solutions; flavoring or thickening agents; and feeding utensils or
devices (e.g., feeding tubes, bags, pumps) designed to administer a WIC-eligible formula.
2

All authorized milks must conform to FDA Standards of Identity for milks as defined by 21 CFR part

7 CFR 246.10(e)(12) (enhanced display)

page 78 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(e)(12)

131 and meet WIC's requirements for vitamin fortification as specified in table 4 to paragraph (e)(12)
of this section. Additional authorized milks include, but are not limited to calcium-fortified, lactosereduced, organic, and UHT pasteurized milks. Other milks are permitted at the State agency's
discretion provided that the State agency determines that the milk meets the minimum requirements
for authorized milk.
3

Processed refers to frozen, canned (see footnote 4 to this table 4), or dried.

4

Canned refers to processed food items in cans or other shelf-stable containers, e.g., jars, pouches.

5

Fresh herbs, cut at the root or with the root intact, are authorized. The following are not authorized:
spices and dried herbs; seeds; potted plants with vegetables, fruits or herbs; creamed vegetables or
vegetables with added sauces; fresh fruits and/or vegetables packaged with dips, sauces, or glazes;
mixed vegetables containing noodles, nuts, or sauce packets; vegetable-grain (e.g., pasta, rice)
mixtures; fruit-nut mixtures; breaded vegetables; fruits and vegetables for purchase on salad bars;
peanuts or other nuts; ornamental and decorative fruits and vegetables such as chili peppers or garlic
on a string, gourds, painted pumpkins, fruit baskets, and decorative blossoms and flowers; and foods
containing fruits such as blueberry muffins and other baked goods. Home-canned and homepreserved fruits and vegetables are not authorized.
6

Excludes catsup or other condiments; pickled vegetables; olives; soups; juices; and fruit leathers and
fruit roll-ups. Canned tomato sauce, tomato paste, salsa, and spaghetti sauce without added sugar,
fats, or oils are authorized.
7

State agencies have the option to allow only lower sodium canned vegetables for purchase with the
cash-value voucher.
8

One of the following criteria must be met to confirm the product provides 50% or more whole grains:
(1) product labeling contains the FDA health claim “Diet rich in whole grain foods and other plant
foods and low in total fat, saturated fat, and cholesterol may reduce the risk of heart disease and
some cancers” OR “Diets rich in whole grain foods and other plant foods, and low in saturated fat and
cholesterol, may help reduce the risk of heart disease”; (2) meets the “rule of three” criteria (i.e., the
first ingredient (or second after water) must be whole grain, and the next two grain ingredients (if any)
must be whole grains, enriched grains, bran or germ; (3) the manufacturer provides written
documentation that the product contains 50% or more whole grains by weight.
9

King mackerel is not authorized.

10

Mature dry beans, peas, or lentils in dry-packaged and canned forms are authorized under the
mature legume category. Immature varieties of fresh or canned beans and frozen beans of any type
(immature or mature) are authorized for purchase with the cash-value voucher only. Juices are
provided as a separate WIC food category and are not authorized under the fruit and vegetable
category.
11

The following are not authorized in the mature legume category: soups; immature varieties of
legumes, such as those used in canned green peas, green beans, snap beans, yellow beans, and wax
beans; baked beans with meat, e.g., beans and franks; beans containing added sugars (except for
baked beans), fats, oils, meats, fruits, or vegetables.
12

Infant cereals containing infant formula, milk, fruit, or other non-cereal ingredients are not allowed.

13

Mixtures with cereal or infant food desserts (e.g., peach cobbler) are not authorized; however,
combinations of single ingredients (e.g., apple-banana) and combinations of single ingredients of
fruits and/or vegetables (e.g., apples and squash) are allowed.
14

Combinations of single ingredients (e.g., peas and carrots) and combinations of single ingredients

7 CFR 246.10(e)(12) (enhanced display)

page 79 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(f)

of fruits and/or vegetables (e.g., apples and squash) are allowed. Mixed vegetables with white potato
as an ingredient (e.g., mixed vegetables) are authorized.
15

Infant food combinations (e.g., meat and vegetables) and dinners (e.g., spaghetti and meatballs) are
not allowed.

(f) USDA purchase of commodity foods.
(1) At the request of a State agency, FNS may purchase commodity foods for the State agency using
funds allocated to the State agency. The commodity foods purchased and made available to the
State agency must be equivalent to the foods specified in table 4 to paragraph (e)(12) of this
section.
(2) The State agency must:
(i)

Distribute the commodity foods to its local agencies or participants; and

(ii) Ensure satisfactory storage facilities and conditions for the commodity foods, including
documentation of proper insurance.
(g) Infant formula manufacturer registration. Infant formula manufacturers supplying formula to the WIC
Program must be registered with the Secretary of Health and Human Services under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). Such manufacturers wishing to bid for a State contract to
supply infant formula to the Program must certify with the State health department that their formulas
comply with the Federal Food, Drug, and Cosmetic Act and regulations in this chapter issued pursuant to
the Act.
(h) Rounding up. State agencies may round up to the next whole container for either infant formula or infant
foods (infant cereal, fruits, vegetables, and meat). State agencies that use the rounding up option must
calculate the amount of infant formula or infant foods provided according to the requirements and
methodology as described in this section.
(1) Infant formula. State agencies must use the maximum monthly allowance of reconstituted fluid
ounces of liquid concentrate infant formula as specified in table 1 to paragraph (e)(9) of this section
as the full nutritional benefit (FNB) provided by infant formula for each food package category and
infant feeding option (e.g., Food Package IA fully formula fed, IA-FF (see paragraph (e)(1) of this
section)).
(i)

For State agencies that use rounding up of infant formula, the FNB is determined over the
timeframe (the number of months) that the participant receives the food package. In any given
month of the timeframe, the monthly issuance of reconstituted fluid ounces of infant formula
may exceed the maximum monthly allowance or fall below the FNB; however, the cumulative
average over the timeframe may not fall below the FNB without individual tailoring to allow “up
to” amounts to support breastfeeding. In addition, the State agency must:
(A) Use the methodology described in paragraph (h)(1)(ii) of this section for calculating and
dispersing the rounding up option;
(B) Issue infant formula in whole containers that are all the same size; and

7 CFR 246.10(h)(1)(i)(B) (enhanced display)

page 80 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(h)(1)(i)(C)

(C) Disperse the number of whole containers as evenly as possible over the timeframe with
the largest monthly issuances given in the beginning of the timeframe.
(ii) The methodology to calculate rounding up and dispersing infant formula to the next whole
container over the food package timeframe is as follows:
(A) Multiply the FNB amount for the appropriate food package and feeding option (e.g., Food
Package IA fully formula fed, IA-FF (see paragraph (e)(1) of this section)) by the timeframe
the participant will receive the food package to determine the total amount of infant
formula to be provided.
(B) Divide the total amount of infant formula to be provided by the yield of the container (in
reconstituted fluid ounces) issued by the State agency to determine the total number of
containers to be issued during the timeframe that the food package is prescribed.
(C) If the number of containers to be issued does not result in a whole number of containers,
the State agency must round up to the next whole container in order to issue whole
containers.
(2) Infant foods.
(i)

State agencies may use the rounding up option to the next whole container of infant food
(infant cereal, fruits, vegetables, and meat) when the maximum monthly allowance cannot be
issued due to varying container sizes of authorized infant foods.

(ii) State agencies that use the rounding up option for infant foods must:
(A) Use the methodology described in paragraph (h)(2)(iii) of this section for calculating and
dispersing the rounding up option;
(B) Issue infant foods in whole containers; and
(C) Disperse the number of whole containers as evenly as possible over the timeframe (the
number of months the participant will receive the food package).
(iii) The methodology to round up and disperse infant food is as follows:
(A) Multiply the maximum monthly allowance for the infant food by the timeframe the
participant will receive the food package to determine the total amount of food to be
provided.
(B) Divide the total amount of food provided by the container size issued by the State agency
(e.g., ounces) to determine the total number of food containers to be issued during the
timeframe that the food package is prescribed.
(C) If the number of containers to be issued does not result in a whole number of containers,
the State agency must round up to the next whole container in order to issue whole
containers.
(i)

Plans for cultural substitutions.

7 CFR 246.10(i) (enhanced display)

page 81 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.10(i)(1)

(1) The State agency may submit to FNS a plan for substitution of food(s) acceptable for use in the
Program in addition to the supplemental foods outlined in (see paragraph (e)(12) of this section) to
allow for different cultural eating patterns. The plan shall provide the State agency's justification,
including a specific explanation of the cultural eating pattern and other information necessary for
FNS to evaluate the plan as specified in paragraph (i)(2) of this section.
(2) FNS will evaluate a State agency's plan for substitution of foods for different cultural eating patterns
based on the following criteria:
(i)

Any proposed substitute food must be nutritionally equivalent or superior to the food it is
intended to replace.

(ii) The proposed substitute food must be widely available to participants in the areas where the
substitute is intended to be used.
(iii) The cost of the substitute food must be assessed and comparable to the cost of the food it is
intended to replace.
(3) FNS will make a determination on the proposed plan based on the evaluation criteria specified in
paragraph (i)(2) of this section, as appropriate. The State agency shall substitute foods only after
receiving the written approval of FNS.
[89 FR 28518, Apr. 18, 2024]

§ 246.11 Nutrition education.
(a) General.
(1) Nutrition education including breastfeeding promotion and support shall be considered a benefit of
the Program and shall be made available at no cost to the participant. Nutrition education including
breastfeeding promotion and support, shall be designed to be easily understood by participants, and
it shall bear a practical relationship to participant nutritional needs, household situations, and
cultural preferences including information on how to select food for themselves and their families as
well as the maximum monthly allowances of authorized supplemental foods to which they are
entitled as a Program participant.
(2) The State agency shall ensure that nutrition education, including breastfeeding promotion and
support, as appropriate, is made available to all participants. Nutrition education may be provided
through the local agencies directly, or through arrangements made with other agencies. At the time
of certification, the local agency shall stress the positive, long-term benefits of nutrition education
and encourage the participant to attend and participate in nutrition education activities. However,
individual participants shall not be denied supplemental foods for failure to attend or participate in
nutrition education activities.
(3) As an integral part of nutrition education, the State agency shall ensure that local agencies provide
drug and other harmful substance abuse information to all pregnant, postpartum, and breastfeeding
women and to parents or caretakers of infants and children participating in the program. Drug and
other harmful substance abuse information may also be provided to pregnant, postpartum, and
breastfeeding women and to parents or caretakers of infants and children participating in local
agency services other than the Program.

7 CFR 246.11(a)(3) (enhanced display)

page 82 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.11(b)

(b) Goals. Nutrition education including breastfeeding promotion and support, shall be designed to achieve
the following two broad goals:
(1) Emphasize the relationship between nutrition, physical activity and health with special emphasis on
the nutritional needs of pregnant, postpartum, and breastfeeding women, infants and children under
five years of age, and raise awareness about the dangers of using drugs and other harmful
substances during pregnancy and while breastfeeding.
(2) Assist the individual who is at nutritional risk in improving health status and achieving a positive
change in dietary and physical activity habits, and in the prevention of nutrition-related problems
through optimal use of the supplemental foods and other nutritious foods. This is to be taught in the
context of the ethnic, cultural and geographic preferences of the participants and with consideration
for educational and environmental limitations experienced by the participants.
(c) State agency responsibilities. The State agency shall perform the following activities in carrying out
nutrition education responsibilities, including breastfeeding promotion and support,:
(1) Develop and coordinate the nutrition education component of Program operations with
consideration of local agency plans, needs and available nutrition education resources.
(2) Provide in-service training and technical assistance for professional and para-professional personnel
involved in providing nutrition education to participants at local agencies. The State agency shall
also provide training on the promotion and management of breastfeeding to staff at local agencies
who will provide information and assistance on this subject to participants.
(3) Identify or develop resources and educational materials for use in local agencies, including
breastfeeding promotion and instruction materials, taking reasonable steps to include materials in
languages other than English in areas where a significant number or proportion of the population
needs the information in a language other than English, considering the size and concentration of
such population and, where possible, the reading level of participants.
(4) Develop and implement procedures to ensure that nutrition education is offered to all adult
participants and to parents and guardians of infant or child participants, as well as child participants,
whenever possible.
(5) Monitor local agency activities to ensure compliance with provisions set forth in paragraphs (c)(7),
(d), and (e) of this section.
(6) Establish standards for participant contacts that ensure adequate nutrition education in accordance
with paragraph (e) of this section.
(7) Establish standards for breastfeeding promotion and support which include, at a minimum, the
following:
(i)

A policy that creates a positive clinic environment which endorses breastfeeding as the
preferred method of infant feeding;

(ii) A requirement that each local agency designate a staff person to coordinate breastfeeding
promotion and support activities;
(iii) A requirement that each local agency incorporate task-appropriate breastfeeding promotion
and support training into orientation programs for new staff involved in direct contact with WIC
clients; and
7 CFR 246.11(c)(7)(iii) (enhanced display)

page 83 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.11(c)(7)(iv)

(iv) A plan to ensure that women have access to breastfeeding promotion and support activities
during the prenatal and postpartum periods.
(8) Determine if local agencies or clinics can share nutrition educational materials with institutions
participating in the Child and Adult Care Food Program established under section 17 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766) at no cost to that program, if a written
materials sharing agreement exists between the relevant agencies.
(d) Local agency responsibilities. Local agencies shall perform the following activities in carrying out their
nutrition education responsibilities, including breastfeeding promotion and support,:
(1) Make nutrition education, including breastfeeding promotion and support, available or enter into an
agreement with another agency to make nutrition education available to all adult participants, and to
parents or caretakers of infant and child participants, and whenever possible and appropriate, to
child participants. Nutrition education may be provided through the use of individual or group
sessions. Educational materials designed for Program participants may be utilized to provide
education to pregnant, postpartum, and breastfeeding women and to parents or caretakers of
infants and children participating in local agency services other than the program.
(2) Develop an annual local agency nutrition education plan, including breastfeeding promotion and
support, consistent with the State agency's nutrition education component of Program operations
and in accordance with this part and FNS guidelines. The local agency shall submit its nutrition
education plan to the State agency by a date specified by the State agency.
(e) Participant contacts.
(1) The nutrition education including breastfeeding promotion and support, contacts shall be made
available through individual or group sessions which are appropriate to the individual participant's
nutritional needs. All pregnant participants shall be encouraged to breastfeed unless contraindicated
for health reasons.
(2) During each six-month certification period, at least two nutrition contacts shall be made available to
all adult participants and the parents or caretakers of infant and child participants, and wherever
possible, the child participants themselves.
(3) Nutrition education contacts shall be made available at a quarterly rate to parents or caretakers of
infant and child participants certified for a period in excess of six months. Nutrition education
contacts shall be scheduled on a periodic basis by the local agency, but such contacts do not
necessarily need to take place in each quarter of the certification period.
(4) The local agency shall document in each participant's certification file that nutrition education has
been given to the participant in accordance with State agency standards, except that the second or
any subsequent nutrition education contact during a certification period that is provided to a
participant in a group setting may be documented in a masterfile. Should a participant miss a
nutrition education appointment, the local agency shall, for purposes of monitoring and further
education efforts, document this fact in the participant's file, or, at the local agency's discretion, in
the case of a second or subsequent missed contact where the nutrition education was offered in a
group setting, document this fact in a master file.
(5) An individual care plan shall be provided for a participant based on the need for such plan as
determined by the competent professional authority, except that any participant, parent, or caretaker
shall receive such plan upon request.
7 CFR 246.11(e)(5) (enhanced display)

page 84 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.11(e)(6)

(6) Contacts shall be designed to meet different cultural and language needs of Program participants.
[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985, as amended at 58 FR 11507, Feb. 26, 1993; 59 FR 11503, Mar. 11, 1994; 65
FR 53528, Sept. 5, 2000; 71 FR 56731, Sept. 27, 2006; 73 FR 11312, Mar. 3, 2008; 76 FR 59889, Sept. 28, 2011; 89 FR 28528, Apr.
18, 2024]

Subpart E—State Agency Provisions
§ 246.12 Food delivery methods.
(a) General. This section sets forth design and operational requirements for food delivery systems. In
recognition of emergent electronic benefit transfer (EBT) technology, FNS may, on a case-by-case basis,
modify regulatory provisions to the extent FNS determines the particular EBT system provides adequate
safeguards that serve the purpose of the provisions being modified. By October 1, 2020, each State
agency shall implement EBT statewide, unless granted an exemption under paragraph (w)(2) of this
section.
(1) Management. The State agency is responsible for the fiscal management of, and accountability for,
food delivery systems under its jurisdiction. The State agency may permit only authorized vendors,
farmers and farmers' markets, home food delivery contractors, and direct distribution sites to accept
food instruments and cash-value vouchers.
(2) Design. The State agency must design all food delivery systems to be used by its local agencies.
(3) FNS oversight. FNS may, for a stated cause and by written notice, require revision of a proposed or
operating food delivery system and will allow a reasonable time for the State agency to effect such a
revision.
(4) 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415. All
contracts or agreements entered into by the State or local agency for the management or operation
of food delivery systems must conform to the requirements of 2 CFR part 200, subpart D, and USDA
implementing regulations 2 CFR part 400 and part 415.
(b) Uniform food delivery systems. The State agency may operate up to four types of food delivery systems
under its jurisdiction—retail, home delivery, direct distribution, or EBT. Each system must be procedurally
uniform throughout the jurisdiction of the State agency and must ensure adequate participant access to
supplemental foods. When used, food instruments must be uniform within each type of system.
(c) No charge for authorized supplemental foods. The State agency must ensure that participants receive their
authorized supplemental foods free of charge.
(d) Compatibility of food delivery system. The State agency must ensure that the food delivery system(s)
selected is compatible with the delivery of health and nutrition education, and breastfeeding counseling
services to participants.
(e) Retail food delivery systems: General. Retail food delivery systems are systems in which participants,
parents or caretakers of infant and child participants, and proxies obtain authorized supplemental foods
by submitting a food instrument or cash-value voucher to an authorized vendor.
(f) Retail food delivery systems: Food instrument and cash-value voucher requirements —
(1) General. State agencies using retail food delivery systems must use food instruments and cashvalue vouchers that comply with the requirements of paragraph (f)(2) of this section.
7 CFR 246.12(f)(1) (enhanced display)

page 85 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(f)(2)

(2) Printed food instruments and cash-value vouchers. Each printed food instrument and cash-value
voucher must clearly bear on its face the following information:
(i)

Authorized supplemental foods. The supplemental foods authorized to be obtained with the
food instrument or cash-value voucher;

(ii) First date of use. The first date on which the food instrument or cash-value voucher may be
used to obtain supplemental foods;
(iii) Last date of use. The last date on which the food instrument or cash-value vouchers may be
used to obtain authorized supplemental foods. This date must be a minimum of 30 days from
the first date on which it may be used or in the month of February, 28 or 29 days, except for the
participant's first month of issuance, when it may be the end of the month or cycle for which the
food instrument or cash-value voucher is valid. Rather than entering a specific last date of use
on each instrument or cash-value voucher, all instruments or cash-value vouchers may be
printed with a notice that the participant must transact them within a specified number of days
after the first date on which the food instrument or cash-value voucher may be used;
(iv) Redemption period. The date by which the vendor must submit the food instrument or cashvalue voucher for redemption. This date must be no more than 60 days from the first date on
which the food instrument or cash-value voucher may be used. If the date is fewer than 60
days, then the State agency must ensure that the allotted time provides the vendor sufficient
time to submit the food instrument or cash-value voucher for redemption without undue
burden;
(v) Serial number. A unique and sequential serial number;
(vi) Purchase price. A space for the purchase price to be entered. At the discretion of the State
agency, a maximum price may be printed on the food instrument that is higher than the
expected purchase price of the authorized supplemental foods for which it will be used, but
that is low enough to protect against potential loss of funds. When a maximum price is printed
on the food instrument, the space for the purchase price must be clearly distinguishable from
the maximum price. For example, the words “purchase price” or “actual amount of sale” could
be printed larger and in a different area of the food instrument than the maximum price; and
(vii) Signature space. A space where participants, parents or caretakers of infant or child
participants, or proxies must sign.
(3) Vendor identification. The State agency must implement procedures to ensure each food instrument
and cash-value voucher submitted for redemption can be identified by the vendor or farmer that
submitted the food instrument or cash-value voucher. Each vendor operated by a single business
entity must be identified separately. The State agency may identify vendors by requiring that all
authorized vendors stamp their names and/or enter a vendor identification number on all food
instruments or cash-value vouchers prior to submitting them for redemption.
(4) Split tender transactions. The State agency must implement procedures that allow the participant,
authorized representative or proxy to pay the difference when a fruit and vegetable purchase
exceeds the value of the cash-value vouchers.
(g) Retail food delivery systems: Vendor authorization —

7 CFR 246.12(g) (enhanced display)

page 86 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(1)

(1) General. The State agency must authorize an appropriate number and distribution of vendors in order
to ensure the lowest practicable food prices consistent with adequate participant access to
supplemental foods and to ensure effective State agency management, oversight, and review of its
authorized vendors.
(2) Vendor limiting criteria. The State agency may establish criteria to limit the number of stores it
authorizes. The State agency must apply its limiting criteria consistently throughout its jurisdiction.
Any vendor limiting criteria used by the State agency must be included in the State Plan in
accordance with § 246.4(a)(14)(ii).
(3) Vendor selection criteria. The State agency must develop and implement criteria to select stores for
authorization. The State agency must apply its selection criteria consistently throughout its
jurisdiction. The State agency may reassess any authorized vendor at any time during the vendor's
agreement period using the vendor selection criteria in effect at the time of the reassessment and
must terminate the agreements with those vendors that fail to meet them. The vendor selection
criteria must include the following categories and requirements and must be included in the State
Plan in accordance with § 246.4(a)(14)(ii).
(i)

Minimum variety and quantity of supplemental foods. The State agency must establish minimum
requirements for the variety and quantity of supplemental foods that a vendor applicant must
stock to be authorized. These requirements include that the vendor stock at least two different
fruits, three different vegetables, and at least one whole grain cereal authorized by the State
agency. The State agency may not authorize a vendor applicant unless it determines that the
vendor applicant meets these minimums. The State agency may establish different minimums
for different vendor peer groups. The State agency may not authorize a vendor applicant unless
it determines that the vendor applicant obtains infant formula only from sources included on
the State agency's list described in paragraph (g)(11) of this section.

(ii) Business integrity. The State agency must consider the business integrity of a vendor applicant.
In determining the business integrity of a vendor applicant, the State agency may rely solely on
facts already known to it and representations made by the vendor applicant on its vendor
application. The State agency is not required to establish a formal system of background
checks for vendor applicants. Unless denying authorization of a vendor applicant would result
in inadequate participant access, the State agency may not authorize a vendor applicant if
during the last six years the vendor applicant or any of the vendor applicant's current owners,
officers, or managers have been convicted of or had a civil judgment entered against them for
any activity indicating a lack of business integrity. Activities indicating a lack of business
integrity include fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, receiving stolen property, making false claims,
and obstruction of justice. The State agency may add other types of convictions or civil
judgments to this list.
(iii) Current SNAP disqualification or civil money penalty for hardship. Unless denying authorization
of a vendor applicant would result in inadequate participant access, the State agency may not
authorize a vendor applicant that is currently disqualified from SNAP or that has been assessed
a SNAP civil money penalty for hardship and the disqualification period that would otherwise
have been imposed has not expired.

7 CFR 246.12(g)(3)(iii) (enhanced display)

page 87 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(3)(iv)

(iv) Provision of incentive items. The State agency may not authorize or continue the authorization
of an above-50-percent vendor, or make payments to an above-50-percent vendor, which
provides or indicates an intention to provide prohibited incentive items to customers. Evidence
of such intent includes, but is not necessarily limited to, advertising the availability of prohibited
incentive items.
(A) The State agency may approve any of the following incentive items to be provided by
above-50-percent vendors to customers, at the discretion of the State agency:
(1) Food, merchandise, or services obtained at no cost to the vendor, subject to
documentation;
(2) Food, merchandise, or services of nominal value, i.e., having a per item cost of less
than $2, subject to documentation;
(3) Food sales and specials which involve no cost or less than $2 in cost to the vendor
for the food items involved, subject to documentation, and do not result in a charge
to a WIC food instrument for foods in excess of the foods listed on the food
instrument;
(4) Minimal customary courtesies of the retail food trade, such as helping the customer
to obtain an item from a shelf or from behind a counter, bagging food for the
customer, and assisting the customer with loading the food into a vehicle.
(B) The following incentive items are prohibited for above-50-percent vendors to provide to
customers:
(1) Services which result in a conflict of interest or the appearance of such conflict for
the above-50-percent vendor, such as assistance with applying for WIC benefits;
(2) Lottery tickets provided to customers at no charge or below face value;
(3) Cash gifts in any amount for any reason;
(4) Anything made available in a public area as a complimentary gift which may be
consumed or taken without charge;
(5) An allowable incentive item provided more than once per customer per shopping
visit, regardless of the number of customers or food instruments involved, unless the
incentive items had been obtained by the vendor at no cost or the total value of
multiple incentive items provided during one shopping visit would not exceed the
less-than-$2 nominal value limit;
(6) Food, merchandise or services of greater than nominal value provided to the
customer;
(7) Food, merchandise sold to customers below cost, or services purchased by
customers below fair market value;
(8) Any kind of incentive item which incurs a liability for the WIC Program;
(9) Any kind of incentive item which violates any Federal, State, or local law or
regulations.

7 CFR 246.12(g)(3)(iv)(B)(9) (enhanced display)

page 88 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(3)(iv)(C)

(C) For-profit goods or services offered by the above-50-percent vendor to WIC participants at
a fair market value based on comparable for-profit goods or services of other businesses
are not incentive items subject to approval or prohibition, except that such goods or
services must not constitute a conflict of interest or result in a liability for the WIC
Program.
(4) Vendor selection criteria: competitive price. The State agency must establish a vendor peer group
system and distinct competitive price criteria and allowable reimbursement levels for each peer
group. The State agency must use the competitive price criteria to evaluate the prices a vendor
applicant charges for supplemental foods as compared to the prices charged by other vendor
applicants and authorized vendors, and must authorize vendors selected from among those that
offer the program the most competitive prices. The State agency must consider a vendor applicant's
shelf prices or the prices it bids for supplemental foods, which may not exceed its shelf prices. In
establishing competitive price criteria and allowable reimbursement levels, the State agency must
consider participant access by geographic area. The State agency must inform all vendors of the
criteria for peer groups, and must inform each individual vendor of its peer group assignment.
(i)

Vendors that meet the above-50-percent criterion. Vendors that derive more than 50 percent of
their annual food sales revenue from WIC food instruments, and new vendor applicants
expected to meet this criterion under guidelines approved by FNS, are defined as
above-50-percent vendors. Each State agency annually must implement procedures approved
by FNS to identify authorized vendors and vendor applicants as either above-50-percent
vendors or regular vendors, in accordance with paragraphs (g)(4)(i)(E) and (g)(4)(i)(F) of this
section. The State agency must receive FNS certification of its vendor cost containment
system under section 246.12(g)(4)(vi) prior to authorizing any above-50-percent vendors. The
State agency that chooses to authorize any above-50-percent vendors:
(A) Must distinguish these vendors from other authorized vendors in its peer group system or
its alternative cost containment system approved by FNS by establishing separate peer
groups for above-50-percent vendors or by placing above-50-percent vendors in peer
groups with other vendors and establishing distinct competitive price selection criteria
and allowable reimbursement levels for the above-50-percent vendors;
(B) Must reassess the status of new vendors within six months after authorization to
determine whether or not the vendors are above-50-percent vendors, and must take
necessary follow-up action, such as terminating vendor agreements or reassigning
vendors to the appropriate peer group;
(C) Must compare above-50-percent vendors' prices against the prices of vendors that do not
meet the above-50-percent criterion in determining whether the above-50-percent vendors
have competitive prices and in establishing allowable reimbursement levels for such
vendors; and
(D) Must ensure that the prices of above-50-percent vendors do not inflate the competitive
price criteria and allowable reimbursement levels for the peer groups or result in higher
total food costs if program participants transact their food instruments at
above-50-percent vendors rather than at other vendors that do not meet the
above-50-percent criterion. To comply with this requirement, the State agency must
compare the average cost of each type of food instrument redeemed by above-50-percent
vendors against the average cost of the same type of food instrument redeemed by
regular vendors. The average cost per food instrument may be weighted to reflect the

7 CFR 246.12(g)(4)(i)(D) (enhanced display)

page 89 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(4)(i)(E)

relative proportion of food instruments redeemed by each category of vendors in the peer
group system. The State agency must compute statewide average costs per food
instrument at least quarterly to monitor compliance with this requirement. If average
payments per food instrument for above-50-percent vendors exceed average payments
per food instrument to regular vendors, then the State agency must take necessary action
to ensure compliance, such as adjusting payment levels. Where EBT systems are in use, it
may be more appropriate to compare prices of individual WIC food items to ensure that
average payments to above-50-percent vendors do not exceed average payments for the
same food item to comparable vendors. If FNS determines that a State agency has failed
to ensure that above-50-percent vendors do not result in higher costs to the program than
if participants transact their food instruments at regular vendors, FNS will establish a
claim against the State agency to recover excess food funds expended and will require
remedial action. A State agency may exclude partially-redeemed food instruments from a
quarterly cost neutrality assessment based on an empirical methodology approved by
FNS. A State agency may not exclude food instruments from the quarterly cost neutrality
assessment based on a rate of partially-redeemed food instruments.
(E) Must determine whether vendor applicants are expected to be above-50-percent vendors.
The State agency must ask vendor applicants whether they expect to derive more than 50
percent of their annual revenue from the sale of food items from transactions involving
WIC food instruments. This question applies whether or not the State agency chooses to
authorize above-50-percent vendors. A vendor who answers in the affirmative must be
treated as an above-50-percent vendor. The State agency must further assess a vendor
who answers in the negative, by first calculating WIC redemptions as a percent of total
food sales in existing WIC-authorized stores owned by the vendor applicant. Second, the
State agency must calculate or request from the vendor applicant the percentage of
anticipated food sales by type of payment, i.e., cash, Supplemental Nutrition Assistance
Program, WIC, and credit/debit card. Third, the State agency must review either the
inventory invoices for food items, or the actual food items present at the preauthorization
visit required by paragraph (g)(5) of this section, or both. Fourth, the State agency must
determine whether WIC authorization is required in order for the store to open for
business. If the vendor would be expected to be an above-50-percent vendor under any of
these criteria, then the vendor must be treated as an above-50-percent vendor. State
agencies may use additional data sources and methodologies, if approved by FNS.
(F) Must determine whether a currently authorized vendor meets the above-50-percent
criterion, based on the State agency's calculation of WIC redemptions as a percent of the
vendor's total foods sales for the same period. If WIC redemptions are more than 50
percent of the total food sales, the vendor must be deemed to be an above-50-percent
vendor. As an initial step in identifying above-50-percent vendors, the State agency may
compare each vendor's WIC redemptions to Supplemental Nutrition Assistance Program
redemptions for the same period. If more than one WIC State agency authorizes a
particular vendor, then each State agency must obtain and add the WIC redemptions for
each State agency that authorizes the vendor to derive the total WIC redemptions. If
Supplemental Nutrition Assistance Program redemptions exceed WIC redemptions, no
further assessment is required since the vendor would not be an above-50-percent vendor.
For vendors whose WIC redemptions exceed their Supplemental Nutrition Assistance
Program redemptions, or if this comparison of redemptions was not made, the State
agency must obtain from these vendors a statement of the total amount of revenue
7 CFR 246.12(g)(4)(i)(F) (enhanced display)

page 90 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(4)(ii)

derived from the sale of foods that could be purchased using Supplemental Nutrition
Assistance Program benefits. The State agency must also obtain from these vendors
documentation (such as tax documents or other verifiable documentation) to support the
amount of food sales claimed by the vendor. After evaluating the documentation received
from the vendor, the State agency must calculate WIC redemptions as a percent of total
food sales and classify the vendor as meeting or not meeting the above-50- percent
criterion. State agencies may use additional methods, if approved by FNS.
(ii) Implementing effective peer groups. The State agency's methodology for establishing a vendor
peer group system must include the following:
(A) At least two criteria for establishing peer groups, one of which must be a measure of
geography, such as metropolitan or other statistical areas that form distinct labor and
products markets, unless the State agency receives FNS approval to use a single criterion;
(B) Routine collection of vendor shelf prices at least every six months following authorization
to monitor vendor compliance with paragraphs (g)(4)(i)(C), (g)(4)(ii)(C), and (g)(4)(iii) of
this section and to ensure State agency policies and procedures dependent on shelf price
data are efficient and effective. FNS may grant an exemption from this shelf price
collection requirement if the State agency demonstrates to FNSs' satisfaction that an
alternative methodology for monitoring vendor compliance with paragraphs (g)(4)(i)(C),
(g)(4)(ii)(C), and (g)(4)(iii) of this section is efficient and effective and other State agency
policies and procedures are not dependent on frequent collection of shelf price data. Such
exemption would remain in effect until the State agency no longer meets the conditions
on which the exemption was based, until FNS revokes the exemption, or for three years,
whichever occurs first;
(C) Assessment of the effectiveness of the peer groupings and competitive price criteria at
least every three years and modification, as necessary, to enhance system performance.
The State agency may change a vendor's peer group whenever the State agency
determines that placement in an alternate peer group is warranted.
(iii) Subsequent price increases. The State agency must establish procedures to ensure that a
vendor selected for participation in the program does not, subsequent to selection, increase
prices to levels that would make the vendor ineligible for authorization.
(iv) Exceptions to competitive price criteria. The State agency may except from the competitive price
criteria and allowable reimbursement levels pharmacy vendors that supply only exempt infant
formula and/or WIC-eligible nutritionals, and non-profit vendors for which more than 50 percent
of their annual revenue from food sales consists of revenue derived from WIC food
instruments. A State agency that elects to exempt non-profit vendors from competitive price
criteria and/or allowable reimbursements levels must notify FNS, in writing, at least 30 days
prior to the effective date of the exemption. The State agency's notification must indicate the
reason for the exemption, including whether the vendor is needed to ensure participant access,
why other vendors that are subject to competitive price criteria and allowable reimbursement
levels cannot provide the required supplemental foods, the benefits to the program of
exempting the non-profit vendor from the competitive price criteria and/or allowable
reimbursement levels, the criteria the State agency used to assess the competitiveness of the
non-profit vendor's prices, and how the State agency will determine the reimbursement level for
the non-profit vendor. This notification requirement does not apply to State agency contracts
and agreements with non-profit health and/or human service agencies or organizations.
7 CFR 246.12(g)(4)(iv) (enhanced display)

page 91 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(4)(v)

(v) Exemptions from the vendor peer group system requirement. With prior written approval from
FNS, a State agency may use a vendor cost containment approach other than a peer group
system if it meets certain conditions. A State agency that obtains an exemption from the peer
group requirement still must establish competitive pricing criteria for vendor selection and
allowable reimbursement levels. An exemption from the peer group requirement would remain
in effect until the State agency no longer meets the conditions on which the exemption was
based, until FNS revokes the exemption, or for three years, whichever occurs first. During the
period of the exemption, the State agency must provide annually to FNS documentation that it
either authorizes no above-50-percent vendors, or that such vendors' redemptions continue to
represent less than five percent of total WIC redemptions, depending on the terms of the
exemption. The conditions for obtaining an exemption from the vendor peer group system are
as follows:
(A) The State agency chooses not to authorize any vendors that derive more than 50 percent
of their revenue from food sales from WIC food instruments, and the State agency
demonstrates to FNS that establishing a vendor peer group system would be inconsistent
with efficient and effective operation of the program, or that its alternative cost
containment system would be as effective as a peer group system; or
(B) The State agency determines that food instruments redeemed by vendors that meet the
above-50-percent criterion comprise less than five percent of the total WIC redemptions in
the State in the fiscal year prior to a fiscal year in which the exemption is effective; and the
State agency demonstrates to FNS that its alternative vendor cost containment system
would be as effective as a vendor peer group system and would not result in higher costs
if program participants redeem food instruments at vendors that meet the
above-50-percent criterion rather than at vendors that do not meet this criterion.
(vi) Cost containment certification. If a State agency elects to authorize any above-50-percent
vendors, the State agency must submit information, in accordance with guidance provided by
FNS, to demonstrate that its competitive price criteria and allowable reimbursement levels do
not result in average payments per food instrument to these vendors that are higher than
average payments per food instrument to comparable vendors that are not above-50-percent
vendors. To calculate average payments per food instrument, the State agency must include
either all food instruments redeemed by all authorized vendors or a representative sample of
the redeemed food instruments. The State agency must add the redemption amounts for all
redeemed food instruments of the same type and divide the sum by the number of food
instruments of that type. If the State agency does not designate food instruments by type, it
must calculate the average payment for each distinct combination of foods prescribed on the
food instrument. The State agency may calculate average payments per food instrument type
for groups of vendors that meet the above-50-percent criterion and comparable vendors, or the
State agency may calculate average payments for each food instrument type for each vendor.
State agencies with EBT systems must compare the average cost of each WIC food purchased
by participants at above-50-percent vendors with the average cost of each food purchased
from comparable vendors. If FNS determines, based on its review of the information provided
by the State agency and any other relevant data, that the requirements in this paragraph have
been met, FNS will certify that the State agency's competitive price criteria and allowable
reimbursement levels established for above-50-percent vendors do not result in higher average
payments per food instrument (or higher costs for each WIC food item in EBT systems). If the
State agency's methodology for establishing competitive price criteria and allowable
7 CFR 246.12(g)(4)(vi) (enhanced display)

page 92 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(4)(vii)

reimbursement levels fails to meet the requirement of this section regarding average food
instrument payments to above-50-percent vendors, FNS will disapprove the State agency's
request to authorize above-50-percent vendors. At least every three years following initial
certification, the State agency must submit information which demonstrates that it continues to
meet the requirements of this section relative to average payments to above-50-percent
vendors. FNS may require annual updates of selected food instrument redemption data.
(vii) Limitation on private rights of action. The competitive pricing provisions of this paragraph do not
create a private right of action.
(5) On-site preauthorization visit. The State agency must conduct an on-site visit prior to or at the time of
a vendor's initial authorization.
(6) Sale of store to circumvent WIC sanction. The State agency may not authorize a vendor applicant if
the State agency determines the store has been sold by its previous owner in an attempt to
circumvent a WIC sanction. The State agency may consider such factors as whether the store was
sold to a relative by blood or marriage of the previous owner(s) or sold to any individual or
organization for less than its fair market value.
(7) Impact on small businesses. The State agency is encouraged to consider the impact of authorization
decisions on small businesses.
(8) Application periods. The State agency may limit the periods during which applications for vendor
authorization will be accepted and processed, except that applications must be accepted and
processed at least once every three years. The State agency must develop procedures for
processing vendor applications outside of its timeframes when it determines there will be
inadequate participant access unless additional vendors are authorized.
(9) Data collection at authorization. At the time of application, the State agency must collect the vendor
applicant's SNAP authorization number if the vendor applicant is authorized in that program. In
addition, the State agency must collect the vendor applicant's current shelf prices for supplemental
foods.
(10) List of infant formula wholesalers, distributors, and retailers licensed under State law or regulations,
and infant formula manufacturers registered with the Food and Drug Administration (FDA). The State
agency must provide a list in writing or by other effective means to all authorized WIC retail vendors
of the names and addresses of infant formula wholesalers, distributors, and retailers licensed in the
State in accordance with State law (including regulations), and infant formula manufacturers
registered with the Food and Drug Administration (FDA) that provide infant formula, on at least an
annual basis.
(i)

Notification to vendors. The State agency is required to notify vendors that they must purchase
infant formula only from a source included on the State agency's list, or from a source on
another State agency's list if the vendor's State agency permits this, and must only provide such
infant formula to participants in exchange for food instruments specifying infant formula. For
the purposes of paragraph (g)(11) of this section, “infant formula” means Infant formula,
Contract brand infant formula and Non-contract brand infant formula as defined in § 246.2, and
infant formula covered by a waiver granted under § 246.16a(e).

(ii) Type of license. If more than one type of license applies, the State agency may choose which
one to use.

7 CFR 246.12(g)(10)(ii) (enhanced display)

page 93 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(g)(10)(iii)

(iii) Exclusions from list. The State agency may not exclude a State-licensed entity from the list
except when:
(A) Specifically required or authorized by State law or regulations; or
(B) The entity does not carry infant formula.
(h) Retail food delivery systems: Vendor agreements —
(1) General —
(i)

Entering into agreements. The State agency must enter into written agreements with all
authorized vendors. The agreements must be for a period not to exceed three years. The
agreement must be signed by a representative who has legal authority to obligate the vendor
and a representative of the State agency. When the vendor representative is obligating more
than one vendor, the agreement must specify all vendors covered by the agreement. When
more than one vendor is specified in the agreement, the State agency may add or delete an
individual vendor without affecting the remaining vendors. The State agency must require
vendors to reapply at the expiration of their agreements and must provide vendors with not less
than 15 days advance written notice of the expiration of their agreements.

(ii) Delegation to local agencies. The State agency may delegate to its local agencies the authority
to sign vendor agreements if the State agency indicates its intention to do so in its State Plan in
accordance with § 246.4(a)(14)(iii). In such cases, the State agency must provide supervision
and instruction to ensure the uniformity and quality of local agency activities.
(2) Standard vendor agreement. The State agency must use a standard vendor agreement throughout its
jurisdiction, although the State agency may make exceptions to meet unique circumstances
provided that it documents the reasons for such exceptions.
(3) Vendor agreement provisions. The vendor agreement must contain the following specifications,
although the State agency may determine the exact wording to be used:
(i)

Acceptance of food instruments and cash value vouchers. The vendor may accept food
instruments and cash-value vouchers only from participants, parents or caretakers of infant
and child participants, or proxies.

(ii) No substitutions, cash, credit, refunds, or exchanges. The vendor may provide only the
authorized supplemental foods listed on the food instrument and cash-value voucher.
(A) The vendor may not provide unauthorized food items, nonfood items, cash, or credit
(including rain checks) in exchange for food instruments or cash-value vouchers. The
vendor may not provide refunds or permit exchanges for authorized supplemental foods
obtained with food instruments or cash-value vouchers, except for exchanges of an
identical authorized supplemental food item when the original authorized supplemental
food item is defective, spoiled, or has exceeded its “sell by,” “best if used by,” or other date
limiting the sale or use of the food item. An identical authorized supplemental food item
means the exact brand and size as the original authorized supplemental food item
obtained and returned by the participant.
(B) The vendor may provide only the authorized infant formula which the vendor has obtained
from sources included on the list described in paragraph (g)(11) of this section to
participants in exchange for food instruments specifying infant formula.
7 CFR 246.12(h)(3)(ii)(B) (enhanced display)

page 94 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(h)(3)(iii)

(iii) Treatment of participants, parents/caretakers, and proxies. The vendor must offer program
participants, parents or caretakers of infant of child participants, and proxies the same
courtesies offered to other customers.
(iv) Time periods for transacting food instruments and cash-value vouchers. The vendor may accept
a food instrument or cash-value voucher only within the specified time period.
(v) Purchase price on food instruments and cash-value vouchers. The vendor must ensure that the
purchase price is entered on food instruments and cash-value vouchers in accordance with the
procedures described in the vendor agreement. The State agency has the discretion to
determine whether the vendor or the participant enters the purchase price. The purchase price
must include only the authorized supplemental food items actually provided and must be
entered on the food instrument or cash-value voucher before it is signed.
(vi) Signature on food instruments and cash-value vouchers. For printed food instruments and cashvalue vouchers, the vendor must ensure the participant, parent or caretaker of an infant or child
participant, or proxy signs the food instrument or cash-value voucher in the presence of the
cashier. In EBT systems, a Personal Identification Number (PIN) may be used in lieu of a
signature.
(vii) Sales tax prohibition. The vendor may not collect sales tax on authorized supplemental foods
obtained with food instruments, or cash-value vouchers.
(viii) Food instrument and cash-value voucher redemption. The vendor must submit food instruments
and cash-value vouchers for redemption in accordance with the redemption procedures
described in the vendor agreement. The vendor may redeem a food instrument or cash-value
voucher only within the specified time period. As part of the redemption procedures, the State
agency may make price adjustments to the purchase price on food instruments submitted by
the vendor for redemption to ensure compliance with the price limitations applicable to the
vendor. As part of the redemption procedures, the State agency must establish and apply limits
on the amount of reimbursement allowed for food instruments based on a vendor's peer group
and competitive price criteria. In setting allowable reimbursement levels, the State agency must
consider participant access in a geographic area and may include a factor to reflect
fluctuations in wholesale prices. In establishing allowable reimbursement levels for
above-50-percent vendors the State agency must ensure that reimbursements do not result in
higher food costs than if participants transacted their food instruments at vendors that are not
above-50-percent vendors, or in higher average payments per food instrument to
above-50-percent vendors than average payments to comparable vendors. The State agency
may make price adjustments to the purchase price on food instruments submitted by the
vendor for redemption to ensure compliance with the allowable reimbursement level applicable
to the vendor. A vendor's failure to remain price competitive is cause for termination of the
vendor agreement, even if actual payments to the vendor are within the maximum
reimbursement amount. The State agency may exempt vendors that supply only exempt infant
formula and/or WIC-eligible nutritionals and non-profit above-50-percent vendors from the
allowable reimbursement limits.
(ix) Vendor claims. When the State agency determines the vendor has committed a vendor violation
that affects the payment to the vendor, the State agency will delay payment or establish a
claim. The State agency may delay payment or establish a claim in the amount of the full
purchase price of each food instrument or cash-value voucher that contained the vendor
overcharge or other error. The State agency will provide the vendor with an opportunity to justify
7 CFR 246.12(h)(3)(ix) (enhanced display)

page 95 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(h)(3)(x)

or correct a vendor overcharge or other error. The vendor must pay any claim assessed by the
State agency. In collecting a claim, the State agency may offset the claim against current and
subsequent amounts to be paid to the vendor. In addition to denying payment or assessing a
claim, the State agency may sanction the vendor for vendor overcharges or other errors in
accordance with the State agency's sanction schedule.
(x) No charge for authorized supplemental foods or restitution from participants. The vendor may
not charge participants, parents or caretakers of infant and child participants, or proxies for
authorized supplemental foods obtained with food instruments or cash-value vouchers. In
addition, the vendor may not seek restitution from these individuals for food instruments or
cash-value vouchers not paid or partially paid by the State agency.
(xi) Split tender for cash-value vouchers. The vendor must allow the participant, authorized
representative or proxy to pay the difference when a fruit and vegetable purchase exceeds the
value of the cash-value vouchers (also known as a split tender transaction).
(xii) Training. At least one representative of the vendor must participate in training annually. Annual
vendor training may be provided by the State agency in a variety of formats, including
newsletters, videos, and interactive training. The State agency will have sole discretion to
designate the date, time, and location of all interactive training, except that the State agency will
provide the vendor with at least one alternative date on which to attend such training.
(xiii) Vendor training of staff. The vendor must inform and train cashiers and other staff on program
requirements.
(xiv) Accountability for owners, officers, managers, and employees. The vendor is accountable for its
owners, officers, managers, agents, and employees who commit vendor violations.
(xv) Monitoring. The vendor may be monitored for compliance with program requirements.
(xvi) Recordkeeping. The vendor must maintain inventory records used for Federal tax reporting
purposes and other records the State agency may require for the period of time specified by the
State agency in the vendor agreement. Upon request, the vendor must make available to
representatives of the State agency, the Department, and the Comptroller General of the United
States, at any reasonable time and place for inspection and audit, all food instruments and
cash-value vouchers in the vendor's possession and all program-related records.
(xvii) Termination. The State agency will immediately terminate the agreement if it determines that
the vendor has provided false information in connection with its application for authorization.
Either the State agency or the vendor may terminate the agreement for cause after providing
advance written notice of a period of not less than 15 days to be specified by the State agency.
(xviii) Change in ownership or location or cessation of operations. The vendor must provide the State
agency advance written notification of any change in vendor ownership, store location, or
cessation of operations. In such instances, the State agency will terminate the vendor
agreement, except that the State agency may permit vendors to move short distances without
terminating the agreement. The State agency has the discretion to determine the length of
advance notice required for vendors reporting changes under this provision, whether a change
in location qualifies as a short distance, and whether a change in business structure
constitutes a change in ownership.

7 CFR 246.12(h)(3)(xviii) (enhanced display)

page 96 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(h)(3)(xix)

(xix) Sanctions. In addition to claims collection, the vendor may be sanctioned for vendor violations
in accordance with the State agency's sanction schedule. Sanctions may include administrative
fines, disqualification, and civil money penalties in lieu of disqualification. The State agency
must notify a vendor in writing when an investigation reveals an initial incidence of a violation
for which a pattern of incidences must be established in order to impose a sanction, before
another such incidence is documented, unless the State agency determines, in its discretion, on
a case-by-case basis, that notifying the vendor would compromise an investigation.
(xx) Conflict of interest. The State agency will terminate the agreement if the State agency identifies
a conflict of interest, as defined by applicable State laws, regulations, and policies, between the
vendor and the State agency or its local agencies.
(xxi) Criminal penalties. A vendor who commits fraud or abuse in the Program is liable to prosecution
under applicable Federal, State or local laws. Those who have willfully misapplied, stolen or
fraudulently obtained program funds will be subject to a fine of not more than $25,000 or
imprisonment for not more than five years or both, if the value of the funds is $100 or more. If
the value is less than $100, the penalties are a fine of not more than $1,000 or imprisonment for
not more than one year or both.
(xxii) Not a license/property interest. The vendor agreement does not constitute a license or a
property interest. If the vendor wishes to continue to be authorized beyond the period of its
current agreement, the vendor must reapply for authorization. If a vendor is disqualified, the
State agency will terminate the vendor's agreement, and the vendor will have to reapply in order
to be authorized after the disqualification period is over. In all cases, the vendor's new
application will be subject to the State agency's vendor selection criteria and any vendor
limiting criteria in effect at the time of the reapplication.
(xxiii) Compliance with vendor agreement, statutes, regulations, policies, and procedures. The vendor
must comply with the vendor agreement and Federal and State statutes, regulations, policies,
and procedures governing the Program, including any changes made during the agreement
period.
(xxiv) Nondiscrimination regulations. The vendor must comply with the nondiscrimination provisions
of Departmental regulations (parts 15, 15a and 15b of this title).
(xxv) Compliance with vendor selection criteria. The vendor must comply with the vendor selection
criteria throughout the agreement period, including any changes to the criteria. Using the
current vendor selection criteria, the State agency may reassess the vendor at any time during
the agreement period. The State agency will terminate the vendor agreement if the vendor fails
to meet the current vendor selection criteria.
(xxvi) Reciprocal SNAP disqualification for WIC Program disqualifications. Disqualification from the
WIC Program may result in disqualification as a retailer in SNAP. Such disqualification may not
be subject to administrative or judicial review under SNAP.
(xxvii) EBT minimum lane coverage. Point of Sale (POS) terminals used to support the WIC Program
shall be deployed in accordance with the minimum lane coverage provisions of § 246.12(z)(2).
The State agency may remove excess terminals if actual redemption activity warrants a
reduction consistent with the redemption levels outlined in § 246.12(z)(2)(i) and (z)(2)(ii).

7 CFR 246.12(h)(3)(xxvii) (enhanced display)

page 97 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(h)(3)(xxviii)

(xxviii) EBT third-party processing costs and fees. The vendor shall not charge to the State agency any
third-party commercial processing costs and fees incurred by the vendor from EBT multifunction equipment. Commercial transaction processing costs and fees imposed by a thirdparty processor that the vendor elects to use to connect to the EBT system of the State shall be
borne by the vendor.
(xxix) EBT interchange fees. The State agency shall not pay or reimburse the vendor for interchange
fees related to WIC EBT transactions.
(xxx) EBT ongoing maintenance and operational costs. The State agency shall not pay for ongoing
maintenance, processing fees or operational costs for vendor systems and equipment used to
support WIC EBT after the State agency has implemented WIC EBT statewide, unless the
equipment is used solely for the WIC Program or the State agency determines the vendor using
multi-function equipment is necessary for participant access. This provision also applies to
authorized farmers and farmers' markets. Costs shared by a WIC State agency will be
proportional to the usage for the WIC Program.
(xxxi) Compliance with EBT operating rules, standards and technical requirements. The vendor must
comply with the Operating rules, standards and technical requirements established by the State
agency.
(4) Purchase price and redemption procedures. The State agency must describe in the vendor agreement
its purchase price and redemption procedures. The redemption procedures must ensure that the
State agency does not pay a vendor more than the price limitations applicable to the vendor.
(5) Sanction schedule. The State agency must include its sanction schedule in the vendor agreement or
as an attachment to it. The sanction schedule must include all mandatory and State agency vendor
sanctions and must be consistent with paragraph (l) of this section. If the sanction schedule is in
State law or regulations or in a document provided to the vendor at the time of authorization, the
State agency instead may include an appropriate cross-reference in the vendor agreement.
(6) Actions subject to administrative review and review procedures. The State agency must include the
adverse actions a vendor may appeal and those adverse actions that are not subject to
administrative review. The State agency also must include a copy of the State agency's
administrative review procedures in the vendor agreement or as an attachment to it or must include
a statement that the review procedures are available upon request and the applicable review
procedures will be provided along with an adverse action subject to administrative review. These
items must be consistent with § 246.18. If these items are in State law or regulations or in a
document provided to the vendor at the time of authorization, the State agency instead may include
an appropriate cross-reference in the vendor agreement.
(7) Notification of program changes. The State agency must notify vendors of changes to Federal or
State statutes, regulations, policies, or procedures governing the Program before the changes are
implemented. The State agency should give as much advance notice as possible.
(8) Allowable and prohibited incentive items for above-50-percent vendors. The vendor agreement for an
above-50-percent vendor, or another document provided to the vendor and cross-referenced in the
agreement, must include the State agency's policies and procedures for allowing and prohibiting
incentive items to be provided by an above-50-percent vendor to customers, consistent with
paragraph (g)(3)(iv) of this section.

7 CFR 246.12(h)(8) (enhanced display)

page 98 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

(i)

7 CFR 246.12(h)(8)(i)

The State agency must provide written approval or disapproval (including by electronic means
such as electronic mail or facsimile) of requests from above-50-percent vendors for permission
to provide allowable incentive items to customers;

(ii) The State agency must maintain documentation for the approval process, including invoices or
similar documents showing that the cost of each item is either less than the $2 nominal value
limit, or obtained at no cost, unless the State agency provides the vendor with a list of preapproved incentive items at the time of authorization; and
(iii) The State agency must define prohibited incentive items.
(i)

Retail food delivery systems: Vendor training —
(1) General requirements. The State agency must provide training annually to at least one representative
of each vendor. Prior to or at the time of a vendor's initial authorization, and at least once every three
years thereafter, the training must be in an interactive format that includes a contemporaneous
opportunity for questions and answers. The State agency must designate the date, time, and
location of the interactive training and the audience (e.g., managers, cashiers, etc.) to which the
training is directed. The State agency must provide vendors with at least one alternative date on
which to attend interactive training. Examples of acceptable vendor training include on-site cashier
training, off-site classroom-style train-the-trainer or manager training, a training video, and a training
newsletter. All vendor training must be designed to prevent program errors and noncompliance and
improve program service.
(2) Content. The annual training must include instruction on the purpose of the Program, the
supplemental foods authorized by the State agency, the minimum varieties and quantities of
authorized supplemental foods that must be stocked by vendors, the requirement that vendors
obtain infant formula only from sources included on a list provided by the State agency, the
procedures for transacting and redeeming food instruments and cash-value vouchers, the vendor
sanction system, the vendor complaint process, the claims procedures, the State agency's policies
and procedures regarding the use of incentive items, and any changes to program requirements
since the last training.
(3) Delegation. The State agency may delegate vendor training to a local agency, a contractor, or a
vendor representative if the State agency indicates its intention to do so in its State Plan in
accordance with § 246.4(a)(14)(xi). In such cases, the State agency must provide supervision and
instruction to ensure the uniformity and quality of vendor training.
(4) Documentation. The State agency must document the content of and vendor participation in vendor
training.

(j)

Retail food delivery systems: Monitoring vendors and identifying high-risk vendors —
(1) General requirements. The State agency must design and implement a system for monitoring its
vendors for compliance with program requirements. The State agency may delegate vendor
monitoring to a local agency or contractor if the State agency indicates its intention to do so in its
State Plan in accordance with § 246.4(a)(14)(iv). In such cases, the State agency must provide
supervision and instruction to ensure the uniformity and quality of vendor monitoring.
(2) Routine monitoring. The State agency must conduct routine monitoring visits on a minimum of five
percent of the number of vendors authorized by the State agency as of October 1 of each fiscal year
in order to survey the types and levels of abuse and errors among authorized vendors and to take

7 CFR 246.12(j)(2) (enhanced display)

page 99 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(j)(3)

corrective actions, as appropriate. The State agency must develop criteria to determine which
vendors will receive routine monitoring visits and must include such criteria in its State Plan in
accordance with § 246.4(a)(14)(iv).
(3) Identifying high-risk vendors. The State agency must identify high-risk vendors at least once a year
using criteria developed by FNS and/or other statistically-based criteria developed by the State
agency. FNS will not change its criteria more frequently than once every two years and will provide
adequate advance notification of changes prior to implementation. The State agency may develop
and implement additional criteria. All State agency-developed criteria must be approved by FNS.
(4) Compliance investigations.
(i)

High-risk vendors. The State agency must conduct compliance investigations of a minimum of
five percent of the number of vendors authorized by the State agency as of October 1 of each
fiscal year. The State agency must conduct compliance investigations on all high-risk vendors
up to the five percent minimum. The State agency may count toward this requirement a
compliance investigation of a high-risk vendor conducted by a Federal, State, or local law
enforcement agency. The State agency also may count toward this requirement a compliance
investigation conducted by another WIC State agency provided that the State agency
implements the option to establish State agency sanctions based on mandatory sanctions
imposed by the other WIC State agency, as specified in paragraph (l)(2)(iii) of this section. A
compliance investigation of a high-risk vendor may be considered complete when the State
agency determines that a sufficient number of compliance buys have been conducted to
provide evidence of program noncompliance, when two compliance buys have been conducted
in which no program violations are found, or when an inventory audit has been completed.

(ii) Randomly selected vendors. If fewer than five percent of the State agency's authorized vendors
are identified as high-risk, the State agency must randomly select additional vendors on which
to conduct compliance investigations sufficient to meet the five-percent requirement. A
compliance investigation of a randomly selected vendor may be considered complete when the
State agency determines that a sufficient number of compliance buys have been conducted to
provide evidence of program noncompliance, when two compliance buys are conducted in
which no program violations are found, or when an inventory audit has been completed.
(iii) Prioritization. If more than five percent of the State agency's vendors are identified as high-risk,
the State agency must prioritize such vendors so as to perform compliance investigations of
those determined to have the greatest potential for program noncompliance and/or loss of
funds.
(5) Monitoring report. For each fiscal year, the State agency must send FNS a summary of the results of
its vendor monitoring containing information stipulated by FNS. The report must be sent by February
1 of the following fiscal year. Plans for improvement in the coming year must be included in the
State Plan in accordance with § 246.4(a)(14)(iv).
(6) Documentation —
(i)

Monitoring visits. The State agency must document the following information for all monitoring
visits, including routine monitoring visits, inventory audits, and compliance buys:
(A) the date of the monitoring visit, inventory audit, or compliance buy;
(B) the name(s) and signature(s) of the reviewer(s); and

7 CFR 246.12(j)(6)(i)(B) (enhanced display)

page 100 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(j)(6)(i)(C)

(C) the nature of any problem(s) detected.
(ii) Compliance buys. For compliance buys, the State agency must also document:
(A) the date of the buy;
(B) a description of the cashier involved in each transaction;
(C) the types and quantities of items purchased, current shelf prices or prices charged other
customers, and price charged for each item purchased, if available. Price information may
be obtained prior to, during, or subsequent to the compliance buy; and
(D) the final disposition of all items as destroyed, donated, provided to other authorities, or
kept as evidence.
(k) Retail food delivery systems: Vendor claims —
(1) System to review food instruments and cash-value vouchers for vendor claims. The State agency must
design and implement a system to review food instruments and cash-value vouchers submitted by
vendors for redemption to ensure compliance with the applicable price limitations and to detect
questionable food instruments or cash-value vouchers, suspected vendor overcharges, and other
errors. This review must examine either all or a representative sample of the food instruments and
cash-value vouchers and may be done either before or after the State agency makes payments on
the food instruments or cash-value vouchers. The review of food instruments must include a price
comparison or other edit designed to ensure compliance with the applicable price limitations and to
assist in detecting vendor overcharges. For printed food instruments and cash-value vouchers the
system also must detect the following errors—purchase price missing; participant, parent/caretaker,
or proxy signature missing; vendor identification missing; food instruments or cash-value vouchers
transacted or redeemed after the specified time periods; and, as appropriate, altered purchase price.
The State agency must take follow-up action within 120 days of detecting any questionable food
instruments or cash-value vouchers, suspected vendor overcharges, and other errors and must
implement procedures to reduce the number of errors when possible.
(2) Delaying payment and establishing a claim. When the State agency determines the vendor has
committed a vendor violation that affects the payment to the vendor, the State agency must delay
payment or establish a claim. Such vendor violations may be detected through compliance
investigations, food instrument or cash-value voucher reviews, or other reviews or investigations of a
vendor's operations. The State agency may delay payment or establish a claim in the amount of the
full purchase price of each food instrument or cash-value voucher that contained the vendor
overcharge or other error.
(3) Opportunity to justify or correct. When payment for a food instrument or cash-value voucher is
delayed or a claim is established, the State agency must provide the vendor with an opportunity to
justify or correct the vendor overcharge or other error. If satisfied with the justification or correction,
the State agency must provide payment or adjust the proposed claim accordingly.
(4) Timeframe and offset. The State agency must deny payment or initiate claims collection action
within 90 days of either the date of detection of the vendor violation or the completion of the review
or investigation giving rise to the claim, whichever is later. Claims collection action may include
offset against current and subsequent amounts owed to the vendor.

7 CFR 246.12(k)(4) (enhanced display)

page 101 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(k)(5)

(5) Food instruments and cash-value vouchers redeemed after the specified period. With justification and
documentation, the State agency may pay vendors for food instruments and cash-value vouchers
submitted for redemption after the specified period for redemption. If the total value of such food
instruments or cash-value vouchers submitted at one time exceeds $500.00, the State agency must
obtain the approval of the FNS Regional Office before payment.
(l)

Retail food delivery systems: Vendor sanctions —
(1) Mandatory vendor sanctions —
(i)

Permanent disqualification. The State agency must permanently disqualify a vendor convicted
of trafficking in food instruments or cash-value vouchers or selling firearms, ammunition,
explosives, or controlled substances (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)) in exchange for food instruments or cash-value vouchers. A vendor is not
entitled to receive any compensation for revenues lost as a result of such violation. If reflected
in its State Plan, the State agency may impose a civil money penalty in lieu of a disqualification
for this violation when it determines, in its sole discretion, and documents that:
(A) Disqualification of the vendor would result in inadequate participant access; or
(B) The vendor had, at the time of the violation, an effective policy and program in effect to
prevent trafficking; and the ownership of the vendor was not aware of, did not approve of,
and was not involved in the conduct of the violation.

(ii) Six-year disqualification. The State agency must disqualify a vendor for six years for:
(A) One incidence of buying or selling food instruments, or cash-value vouchers, for cash
(trafficking); or
(B) One incidence of selling firearms, ammunition, explosives, or controlled substances as
defined in 21 U.S.C. 802, in exchange for food instruments or cash-value vouchers.
(iii) Three-year disqualification. The State agency must disqualify a vendor for three years for:
(A) One incidence of the sale of alcohol or alcoholic beverages or tobacco products in
exchange for food instruments or cash-value vouchers;
(B) A pattern of claiming reimbursement for the sale of an amount of a specific supplemental
food item which exceeds the store's documented inventory of that supplemental food
item for a specific period of time;
(C) A pattern of vendor overcharges;
(D) A pattern of receiving, transacting and/or redeeming food instruments or cash-value
vouchers outside of authorized channels, including the use of an unauthorized vendor
and/or an unauthorized person;
(E) A pattern of charging for supplemental food not received by the participant; or
(F) A pattern of providing credit or non-food items, other than alcohol, alcoholic beverages,
tobacco products, cash, firearms, ammunition, explosives, or controlled substances as
defined in 21 U.S.C. 802, in exchange for food instruments or cash-value vouchers.
(iv) One-year disqualification. The State agency must disqualify a vendor for one year for:

7 CFR 246.12(l)(1)(iv) (enhanced display)

page 102 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(l)(1)(iv)(A)

(A) A pattern of providing unauthorized food items in exchange for food instruments or cashvalue vouchers, including charging for supplemental foods provided in excess of those
listed on the food instrument; or
(B) A pattern of an above-50-percent vendor providing prohibited incentive items to customers
as set forth in paragraph (g)(3)(iv) of this section, in accordance with the State agency's
policies and procedures required by paragraph (h)(8) of this section.
(v) Second mandatory sanction. When a vendor, who previously has been assessed a sanction for
any of the violations in paragraphs (l)(1)(ii) through (l)(1)(iv) of this section, receives another
sanction for any of these violations, the State agency must double the second sanction. Civil
money penalties may only be doubled up to the limits allowed under paragraph (l)(1)(x)(C) of
this section.
(vi) Third or subsequent mandatory sanction. When a vendor, who previously has been assessed two
or more sanctions for any of the violations listed in paragraphs (l)(1)(ii) through (l)(1)(iv) of this
section, receives another sanction for any of these violations, the State agency must double the
third sanction and all subsequent sanctions. The State agency may not impose civil money
penalties in lieu of disqualification for third or subsequent sanctions for violations listed in
paragraphs (l)(1)(ii) through (l)(1)(iv) of this section.
(vii) Disqualification based on a SNAP disqualification. The State agency must disqualify a vendor
who has been disqualified from SNAP. The disqualification must be for the same length of time
as SNAP disqualification, may begin at a later date than SNAP disqualification, and is not
subject to administrative or judicial review under the WIC Program.
(viii) Voluntary withdrawal or nonrenewal of agreement. The State agency may not accept voluntary
withdrawal of the vendor from the Program as an alternative to disqualification for the
violations listed in paragraphs (l)(1)(i) through (l)(1)(iv) of this section, but must enter the
disqualification on the record. In addition, the State agency may not use nonrenewal of the
vendor agreement as an alternative to disqualification.
(ix) Participant access determinations. Prior to disqualifying a vendor for a SNAP disqualification
pursuant to paragraph (l)(1)(vii) of this section or for any of the violations listed in paragraphs
(l)(1)(ii) through (l)(1)(iv) of this section, the State agency must determine if disqualification of
the vendor would result in inadequate participant access. The State agency must make the
participant access determination in accordance with paragraph (l)(8) of this section. If the
State agency determines that disqualification of the vendor would result in inadequate
participant access, the State agency must impose a civil money penalty in lieu of
disqualification. However, as provided in paragraph (l)(1)(vi) of this section, the State agency
may not impose a civil money penalty in lieu of disqualification for third or subsequent
sanctions for violations in paragraphs (l)(1)(ii) through (l)(1)(iv) of this section. The State
agency must include documentation of its participant access determination and any
supporting documentation in the file of each vendor who is disqualified or receives a civil
money penalty in lieu of disqualification.
(x) Civil money penalty formula. For each violation subject to a mandatory sanction, the State
agency must use the following formula to calculate a civil money penalty imposed in lieu of
disqualification:

7 CFR 246.12(l)(1)(x) (enhanced display)

page 103 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(l)(1)(x)(A)

(A) Determine the vendor's average monthly redemptions for at least the 6-month period
ending with the month immediately preceding the month during which the notice of
adverse action is dated;
(B) Multiply the average monthly redemptions figure by 10 percent (.10);
(C) Multiply the product from paragraph (l)(1)(x)(B) of this section by the number of months
for which the store would have been disqualified. This is the amount of the civil money
penalty, provided that the civil money penalty shall not exceed the maximum amount
specified in § 3.91(b)(3)(v) of this title for each violation. For a violation that warrants
permanent disqualification, the amount of the civil money penalty shall be the maximum
amount specified in § 3.91(b)(3)(v) of this title for each violation. When during the course
of a single investigation the State agency determines a vendor has committed multiple
violations, the State agency must impose a CMP for each violation. The total amount of
civil money penalties imposed for violations investigated as part of a single investigation
may not exceed the amount specified in § 3.91(b)(3)(v) of this title as the maximum
penalty for violations occurring during a single investigation.
(xi) Notification to FNS. The State agency must provide the appropriate FNS office with a copy of
the notice of adverse action and information on vendors it has either disqualified or imposed a
civil money penalty in lieu of disqualification for any of the violations listed in paragraphs
(l)(1)(i) through (l)(1)(iv) of this section. This information must include the name of the vendor,
address, identification number, the type of violation(s), and the length of disqualification or the
length of the disqualification corresponding to the violation for which the civil money penalty
was assessed, and must be provided within 15 days after the vendor's opportunity to file for a
WIC administrative review has expired or all of the vendor's WIC administrative reviews have
been completed.
(xii) Multiple violations during a single investigation. When during the course of a single investigation
the State agency determines a vendor has committed multiple violations (which may include
violations subject to State agency sanctions), the State agency must disqualify the vendor for
the period corresponding to the most serious mandatory violation. However, the State agency
must include all violations in the notice of administration action. If a mandatory sanction is not
upheld on appeal, then the State agency may impose a State agency-established sanction.
(2) State agency vendor sanctions.
(i)

General requirements. The State agency may impose sanctions for vendor violations that are
not specified in paragraphs (l)(1)(i) through (l)(1)(iv) of this section as long as such vendor
violations and sanctions are included in the State agency's sanction schedule. State agency
sanctions may include disqualifications, civil money penalties assessed in lieu of
disqualification, and administrative fines. The total period of disqualification imposed for State
agency violations investigated as part of a single investigation may not exceed one year. A civil
money penalty or fine may not exceed a maximum amount specified in § 3.91(b)(3)(v) of this
title for each violation. The total amount of civil money penalties and administrative fines
imposed for violations investigated as part of a single investigation may not exceed an amount
specified in § 3.91(b)(3)(v) of this title as the maximum penalty for violations occurring during a
single investigation. A State agency vendor sanction must be based on a pattern of violative
incidences.

7 CFR 246.12(l)(2)(i) (enhanced display)

page 104 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(l)(2)(ii)

(ii) SNAP civil money penalty for hardship. The State agency may disqualify a vendor that has been
assessed a civil money penalty for hardship in SNAP, as provided under § 278.6 of this chapter.
The length of such disqualification must correspond to the period for which the vendor would
otherwise have been disqualified in SNAP. If a State agency decides to exercise this option, the
State agency must:
(A) Include notification that it will take such disqualification action in its sanction schedule;
and
(B) Determine if disqualification of the vendor would result in inadequate participant access in
accordance with paragraph (l)(8) of this section. If the State agency determines that
disqualification of the vendor would result in inadequate participant access, the State
agency may not disqualify the vendor or impose a civil money penalty in lieu of
disqualification. The State agency must include documentation of its participant access
determination and any supporting documentation in each vendor's file.
(iii) A mandatory sanction by another WIC State agency. The State agency may disqualify a vendor
that has been disqualified or assessed a civil money penalty in lieu of disqualification by
another WIC State agency for a mandatory vendor sanction. The length of the disqualification
must be for the same length of time as the disqualification by the other WIC State agency or, in
the case of a civil money penalty in lieu of disqualification assessed by the other WIC State
agency, for the same length of time for which the vendor would otherwise have been
disqualified. The disqualification may begin at a later date than the sanction imposed by the
other WIC State agency. If a State agency decides to exercise this option, the State agency
must:
(A) Include notification that it will take such action in its sanction schedule; and
(B) Determine if disqualification of the vendor would result in inadequate participant access in
accordance with paragraph (l)(8) of this section. If the State agency determines that
disqualification of the vendor would result in inadequate participant access, the State
agency must impose a civil money penalty in lieu of disqualification, except that the State
agency may not impose a civil money penalty in situations in which the vendor has been
assessed a civil money penalty in lieu of disqualification by the other WIC State agency.
Any civil money penalty in lieu of disqualification must be calculated in accordance with
paragraph (l)(2)(x) of this section. The State agency must include documentation of its
participant access determination and any supporting documentation in each vendor's file.
(3) Notification of violations. The State agency must notify a vendor in writing when an investigation
reveals an initial incidence of a violation for which a pattern of incidences must be established in
order to impose a sanction, before another such incidence is documented, unless the State agency
determines, in its discretion, on a case-by-case basis, that notifying the vendor would compromise
an investigation. This notification requirement applies to the violations set forth in paragraphs
(l)(1)(iii)(C) through (l)(1)(iii)(F), (l)(1)(iv), and (l)(2)(i) of this section.
(i)

Prior to imposing a sanction for a pattern of violative incidences, the State agency must either
provide such notice to the vendor, or document in the vendor file the reason(s) for determining
that such notice would compromise an investigation.

(ii) The State agency may use the same method of notification which the State agency uses to
provide a vendor with adequate advance notice of the time and place of an administrative
review in accordance with § 246.18(b)(3).
7 CFR 246.12(l)(3)(ii) (enhanced display)

page 105 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(l)(3)(iii)

(iii) If notification is provided, the State agency may continue its investigation after the notice of
violation is received by the vendor, or presumed to be received by the vendor, consistent with
the State agency's procedures for providing such notice.
(iv) All of the incidences of a violation occurring during the first compliance buy visit must
constitute only one incidence of that violation for the purpose of establishing a pattern of
incidences.
(v) A single violative incidence may only be used to establish the violations set forth in paragraphs
(l)(1)(ii)(A), (l)(1)(ii)(B), and (l)(1)(iii)(A) of this section.
(4) Administrative reviews. The State agency must provide administrative reviews of sanctions to the
extent required by § 246.18.
(5) Installment plans. The State agency may use installment plans for the collection of civil money
penalties and administrative fines.
(6) Failure to pay a civil money penalty. If a vendor does not pay, only partially pays, or fails to timely pay
a civil money penalty assessed in lieu of disqualification, the State agency must disqualify the
vendor for the length of the disqualification corresponding to the violation for which the civil money
penalty was assessed (for a period corresponding to the most serious violation in cases where a
mandatory sanction included the imposition of multiple civil money penalties as a result of a single
investigation).
(7) Actions in addition to sanctions. Vendors may be subject to actions in addition to the sanctions in
this section, such as claims pursuant to paragraph (k) of this section and the penalties set forth in §
246.23(c) in the case of deliberate fraud.
(8) Participant access determination criteria. The State agency must develop participant access criteria.
When making participant access determinations, the State agency must consider the availability of
other authorized vendors in the same area as the violative vendor and any geographic barriers to
using such vendors.
(9) Termination of agreement. When the State agency disqualifies a vendor, the State agency must also
terminate the vendor agreement.
(m) Home food delivery systems. Home food delivery systems are systems in which authorized supplemental
foods are delivered to the participant's home. Home food delivery systems must provide for:
(1) Procurement. Procurement of supplemental foods in accordance with § 246.24, which may entail
measures such as the purchase of food in bulk lots by the State agency and the use of discounts
that are available to States.
(2) Accountability. The accountable delivery of authorized supplemental foods to participants. The State
agency must ensure that:
(i)

Home food delivery contractors are paid only after the delivery of authorized supplemental
foods to participants;

(ii) A routine procedure exists to verify the correct delivery of authorized supplemental foods to
participants, and, at a minimum, such verification occurs at least once a month after delivery;
and

7 CFR 246.12(m)(2)(ii) (enhanced display)

page 106 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(m)(2)(iii)

(iii) Records of delivery of supplemental foods and bills sent or payments received for such
supplemental foods are retained for at least three years. Federal, State, and local authorities
must have access to such records.
(n) Direct distribution food delivery systems. Direct distribution food delivery systems are systems in which
participants, parents or caretakers of infant or child participants, or proxies pick up authorized
supplemental foods from storage facilities operated by the State agency or its local agencies. Direct
distribution food delivery systems must provide for:
(1) Storage and insurance. Adequate storage and insurance coverage that minimizes the danger of loss
due to theft, infestation, fire, spoilage, or other causes;
(2) Inventory. Adequate inventory control of supplemental foods received, in stock, and issued;
(3) Procurement. Procurement of supplemental foods in accordance with § 246.24, which may entail
measures such as purchase of food in bulk lots by the State agency and the use of discounts that
are available to States;
(4) Availability. The availability of program benefits to participants and potential participants who live at
great distance from storage facilities; and
(5) Accountability. The accountable delivery of authorized supplemental foods to participants.
(o) Participant parent/caretaker, proxy, vendor, farmer, farmers' market, and home food delivery contractor
complaints. The State agency must have procedures to document the handling of complaints by
participants, parents or caretakers of infant or child participants, proxies, vendors, farmers, farmers'
markets, home food delivery contractors, and direct distribution contractors. Complaints of civil rights
discrimination must be handled in accordance with § 246.8(b).
(p) Food instrument and cash-value voucher security. The State agency must develop standards for ensuring
the security of food instruments and cash-value vouchers from the time the food instruments and cashvalue vouchers are created to the time they are issued to participants, parents/caretakers, or proxies. For
pre-printed food instruments or cash-value vouchers, these standards must include maintenance of
perpetual inventory records of food instruments or cash-value vouchers throughout the State agency's
jurisdiction; monthly physical inventory of food instruments or cash-value vouchers on hand throughout
the State agency's jurisdiction; reconciliation of perpetual and physical inventories of food instruments
and cash-value vouchers; and maintenance of all food instruments and cash-value vouchers under lock
and key, except for supplies needed for immediate use. For EBT and print-on-demand food instruments
and cash-value vouchers, the standards must provide for the accountability and security of the means to
manufacture and issue such food instruments and cash-value vouchers.
(q) Food instrument and cash-value voucher disposition. The State agency must account for the disposition of
all food instruments and cash-value vouchers as either issued or voided, and as either redeemed or
unredeemed. Redeemed food instruments and cash-value vouchers must be identified as validly issued,
lost, stolen, expired, duplicate, or not matching valid enrollment and issuance records. In an EBT system,
evidence of matching redeemed food instruments to valid enrollment and issuance records may be
satisfied through the linking of the Primary Account Number (PAN) associated with the electronic
transaction to valid enrollment and issuance records. This process must be performed within 120 days of
the first valid date for participant use of the food instruments and must be conducted in accordance with
the financial management requirements of § 246.13. The State agency will be subject to claims as
outlined in § 246.23(a)(4) for redeemed food instruments or cash-value vouchers that do not meet the
conditions established in paragraph (q) of this section.
7 CFR 246.12(q) (enhanced display)

page 107 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(r)

(r) Issuance of food instruments, cash-value vouchers and authorized supplemental foods. The State agency
must:
(1) Parents/caretakers and proxies. Establish uniform procedures that allow parents and caretakers of
infant and child participants and proxies to obtain and transact food instruments and cash-value
vouchers or obtain authorized supplemental foods on behalf of a participant. In determining whether
a particular participant or parent/caretaker should be allowed to designate a proxy or proxies, the
State agency must require the local agency or clinic to consider whether adequate measures can be
implemented to provide nutrition education and health care referrals to that participant or, in the
case of an infant or child participant, to the participant's parent or caretaker;
(2) Signature requirement. Ensure that the participant, parent or caretaker of an infant or child
participant, or proxy signs for receipt of food instruments, cash-value vouchers or authorized
supplemental foods, except as provided in paragraph (r)(4) of this section;
(3) Instructions. Ensure that participants, parents or caretakers of infant and child participants, and
proxies receive instructions on the proper use of food instruments and cash-value vouchers, or on
the procedures for obtaining authorized supplemental foods when food instruments or cash-value
vouchers are not used. The State agency must also ensure that participants, parents or caretakers of
infant and child participants, and proxies are notified that they have the right to complain about
improper vendor, farmer, farmers' markets, and home food delivery contractor practices with regard
to program responsibilities;
(4) Food instrument and cash-value voucher pick up. Require participants, parents and caretakers of
infant and child participants, and proxies to pick up food instruments and cash-value vouchers in
person when scheduled for nutrition education or for an appointment to determine whether
participants are eligible for a second or subsequent certification period. However, in all other
circumstances the State agency may provide for issuance through an alternative means such as EBT
or mailing, unless FNS determines that such actions would jeopardize the integrity of program
services or program accountability. If a State agency opts to mail food instruments and cash-value
vouchers, it must provide justification, as part of its alternative issuance system in its State Plan, as
required in § 246.4(a)(21), for mailing food instruments and cash-value voucher to areas where
SNAP benefits are not mailed. State agencies that opt to mail food instruments and cash-value
vouchers must establish and implement a system that ensures the return of food instruments and
cash-value vouchers to the State or local agency if a participant no longer resides or receives mail at
the address to which the food instruments and cash-value vouchers were mailed; and
(5) Maximum issuance of food instruments and cash-value voucher. Ensure that no more than a threemonth supply of food instruments and cash-value vouchers or a one-month supply of authorized
supplemental foods is issued at any one time to any participant, parent or caretaker of an infant or
child participant, or proxy.
(6) Any authorized vendor. Each State agency shall allow participants to receive supplemental foods
from any vendor authorized by the State agency under retail delivery systems.
(s) Payment to vendors, farmers and home food delivery contractors. The State agency must ensure that
vendors, farmers and home food delivery contractors are paid promptly. Payment must be made within 60
days after valid food instruments or cash-value vouchers are submitted for redemption. Actual payment
to vendors, farmers and home food delivery contractors may be made by local agencies.

7 CFR 246.12(s) (enhanced display)

page 108 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(t)

(t) Conflict of interest. The State agency must ensure that no conflict of interest exists, as defined by
applicable State laws, regulations, and policies, between the State agency and any vendor, farmer,
farmers' markets, or home food delivery contractor, or between any local agency and any vendor, farmer,
farmers' markets, or home food delivery contractor under its jurisdiction.
(u) Participant violations and sanctions —
(1) General requirements. The State agency must establish procedures designed to control participant
violations. The State agency also must establish sanctions for participant violations. Participant
sanctions may include disqualification from the Program for a period of up to one year.
(2) Mandatory disqualification.
(i)

General. Except as provided in paragraphs (u)(2)(ii) and (iii) of this section, whenever the State
agency assesses a claim of $1,000 or more, assesses a claim for dual participation, or assess
a second or subsequent claim of any amount, the State agency must disqualify the participant
for one year.

(ii) Exceptions to mandatory disqualification. The State agency may decide not to impose a
mandatory disqualification if, within 30 days of receipt of the letter demanding repayment, full
restitution is made or a repayment schedule is agreed on, or, in the case of a participant who is
an infant, child, or under age 18, the State or local agency approves the designation of a proxy.
(iii) Terminating a mandatory disqualification. The State agency may permit a participant to reapply
for the Program before the end of a mandatory disqualification period if full restitution is made
or a repayment schedule is agreed upon or, in the case of a participant who is an infant, child, or
under age 18, the State or local agency approves the designation of a proxy.
(3) Warnings before sanctions. The State agency may provide warnings before imposing participant
sanctions.
(4) Fair hearings. At the time the State agency notifies a participant of a disqualification, the State
agency must advise the participant of the procedures to follow to obtain a fair hearing pursuant to §
246.9.
(5) Referral to law enforcement authorities. When appropriate, the State agency must refer vendors,
home food delivery contractors, farmers, farmers' markets and participants who violate program
requirements to Federal, State, or local authorities for prosecution under applicable statutes.
(v) Farmers and farmers' markets. The State agency may authorize farmers, farmers' markets, and/or
roadside stands to accept the cash-value voucher for eligible fruits and vegetables. The State agency
must enter into written agreements with all authorized farmers and/or farmers' markets. The agreement
must be signed by a representative who has legal authority to obligate the farmer or farmers' market and
a representative of the State agency. The agreement must be for a period not to exceed 3 years. Only
farmers or farmers' markets authorized by the State agency may redeem the fruit and vegetable cashvalue voucher. The State agency must require farmers or farmers' markets to reapply at the expiration of
their agreements and must provide farmers or farmers markets with not less than 15 days advance
written notice of the expiration of the agreement.
(1) The agreement must include the following provisions, although the State agency may determine the
exact wording. The farmer or farmers' market must:

7 CFR 246.12(v)(1) (enhanced display)

page 109 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

(i)

7 CFR 246.12(v)(1)(i)

Assure that the cash-value voucher is redeemed only for eligible fruits and vegetables as
defined by the State agency;

(ii) Provide eligible fruits and vegetables at the current price or less than the current price charged
to other customers;
(iii) Accept the cash-value voucher within the dates of their validity and submit such vouchers for
payment within the allowable time period established by the State agency;
(iv) Redeem the cash-value voucher in accordance with a procedure established by the State
agency. Such procedure must include a requirement for the farmer or farmers' market to allow
the participant, authorized representative or proxy to pay the difference when the purchase of
fruits and vegetables exceeds the value of the cash-value vouchers (also known as a split
tender transaction);
(v) Accept training on cash-value voucher procedures and provide training to any employees with
cash-value voucher responsibilities on such procedures;
(vi) Agree to be monitored for compliance with program requirements, including both overt and
covert monitoring;
(vii) Be accountable for actions of employees in the provision of authorized foods and related
activities;
(viii) Pay the State agency for any cash-value vouchers transacted in violation of this agreement;
(ix) Offer WIC participants, parent or caretakers of child participants or proxies the same courtesies
as other customers;
(x) Comply with the nondiscrimination provisions of USDA regulations as provided in § 248.7; and
(xi) Notify the State agency if any farmers' market ceases operation prior to the end of the
authorization period.
(2) The farmer or farmers' market must not:
(i)

Collect sales tax on cash-value voucher purchases;

(ii) Seek restitution from WIC participants, parent or caretakers of child participants or proxies for
cash-value vouchers not paid or partially paid by the State agency;
(iii) Issue cash change for purchases that are in an amount less than the value of the cash-value
voucher;
(3) Neither the State agency nor the farmer or farmers' market has an obligation to renew the
agreement. The State agency, the farmer, or farmers' market may terminate the agreement for cause
after providing advance written notification.
(4) Farmer agreements for State agencies that do not authorize farmers. Those State agencies which
authorize farmers' markets but not individual farmers shall require authorized farmers' markets to
enter into a written agreement with each farmer within the market that is authorized to accept cashvalue vouchers. The State agency shall set forth the required terms for the written agreement as
defined in § 246.12(v)(1) and (v)(2), and provide a sample agreement for use by the farmers' market.

7 CFR 246.12(v)(4) (enhanced display)

page 110 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(v)(5)

(5) The State agency may deny payment to the farmer or farmers' market for improperly redeemed cashvalue vouchers and may demand refunds for payments already made on improperly redeemed
vouchers.
(6) The State agency may disqualify a farmer or farmers' market for WIC Program abuse. The farmer or
farmers' market has the right to appeal a denial of an application to participate, a disqualification, or
a program sanction by the State agency. Expiration of an agreement with a farmer or farmers' market
and claims actions under § 246.23, are not appealable.
(7) A farmer or farmers' market which commits fraud or engages in other illegal activity is liable to
prosecution under applicable Federal, State or local laws.
(8) Monitoring farmers and farmers' markets.
(i)

The State agency must design and implement a system for monitoring its authorized farmers
and farmers' markets for compliance with program requirements. The State agency must
document, at a minimum, the following information for all monitoring visits: name(s) of the
farmer, farmers market, or roadside stand; name(s) and signature(s) of the reviewer(s); date of
review; and nature of problem(s) detected.

(ii) Compliance buys. For compliance buys, the State agency must also document:
(A) The date of the buy;
(B) A description of the farmer (and farmers' market, as appropriate) involved in each
transaction;
(C) The types and quantities of items purchased, current retail prices or prices charged other
customers, and price charged for each item purchased, if available. Price information may
be obtained prior to, during, or subsequent to the compliance buy; and
(D) The final disposition of all items as destroyed, donated, provided to other authorities, or
kept as evidence.
(w) EBT —
(1) General. All State agencies shall implement EBT statewide in accordance with paragraph (a) of this
section.
(2) EBT exemptions. The Secretary may grant an exemption to the October 1, 2020 statewide
implementation requirement. To be eligible for an exemption, a State agency shall demonstrate to
the satisfaction of the Secretary one or more of the following:
(i)

There are unusual technological barriers to implementation;

(ii) Operational costs are not affordable within the nutrition services and administration grant of
the State agency; or
(iii) It is in the best interest of the program to grant the exemption.
(3) Implementation date. If the Secretary grants a State agency an exemption, such exemption will
remain in effect until: The State agency no longer meets the conditions on which the exemption was
based; the Secretary revokes the exemption or for three years from the date the exemption was
granted, whichever occurs first.
(x) Electronic benefit requirements —
7 CFR 246.12(x) (enhanced display)

page 111 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(x)(1)

(1) General. State agencies using EBT shall issue an electronic benefit that complies with the
requirements of paragraph (x)(2) of this section.
(2) Electronic benefits. Each electronic benefit must contain the following information:
(i)

Authorized supplemental foods. The supplemental foods authorized by food category,
subcategory and benefit quantity, to include the cash-value benefit;

(ii) First date of use. The first date of use on which the electronic benefit may be used to obtain
authorized supplemental foods;
(iii) Last date of use. The last date on which the electronic benefit may be used to obtain authorized
supplemental foods. This date must be a minimum of 30 days, or in the month of February 28
or 29 days, from the first date on which it may be used to obtain authorized supplemental foods
except for the participant's first month of issuance when it may be the end of the month or
cycle for which the electronic benefit is valid; and
(iv) Benefit issuance identifier. A unique and sequential number. This number enables the
identification of each benefit change (addition, subtraction or update) made to the participant
account.
(3) Vendor identification. The State agency shall ensure each EBT purchase submitted for electronic
payment is matched to an authorized vendor, farmer, or farmers' market prior to authorizing
payment. Each vendor operated by a single business entity must be identified separately.
(y) EBT management and reporting.
(1) The State agency shall follow the Department Advance Planning Document (APD) requirements and
submit Planning and Implementation APD's and appropriate updates, for Department approval for
planning, development and implementation of initial and subsequent EBT systems.
(2) If a State agency plans to incorporate additional programs in the EBT system of the State, the State
agency shall consult with State agency officials responsible for administering the programs prior to
submitting the Planning APD (PAPD) document and include the outcome of those discussions in the
PAPD submission to the Department for approval.
(3) Each State agency shall have an active EBT project by August 1, 2016. Active EBT project is defined
as a formal process of planning, implementation, or statewide implementation of WIC EBT.
(4) Annually as part of the State plan, the State agency shall submit EBT project status reports. At a
minimum, the annual status report shall contain:
(i)

Until operating EBT statewide, an outline of the EBT implementation goals and objectives as
part of the goals and objectives in § 246.4(a)(1), to demonstrate the State agency's progress
toward statewide EBT implementation;

(ii) If operating EBT statewide, any information on future EBT changes and procurement updates
affecting present operations; and
(iii) Such other information the Secretary may require.
(5) The State agency shall be responsible for EBT coordination and management.
(z) EBT food delivery methods: Vendor requirements —

7 CFR 246.12(z) (enhanced display)

page 112 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(z)(1)

(1) General. State agencies using EBT for delivering benefits shall comply with the vendor requirements
in paragraphs (g) through (l) of this section. In addition, State agencies shall comply with
requirements that are detailed throughout this paragraph (z).
(2) Minimum lane coverage. The Point-of-Sale (POS) terminals, whether single-function equipment or
multi-function equipment, shall be deployed as follows:
(i)

Superstores and supermarkets. There will be one POS terminal for every $11,000 in monthly WIC
redemption up to a total of four POS terminals, or the number of lanes in the location,
whichever is less. At a minimum, terminals shall be installed for monthly WIC redemption
threshold increments as follows: one terminal for $0 to $11,000; two terminals for $11,001 to
$22,000; three terminals for $22,001 to $33,000; and four terminals for $33,001 and above. A
State agency may utilize an alternative installation formula with Department approval. The
monthly redemption levels used for the installation formula shall be the average redemptions
based on a period of up to 12 months of prior redemption;

(ii) All other vendors. One POS terminal for every $8,000 in monthly redemption up to a total of four
POS terminals, or the number of lanes in the location; whichever is less. At a minimum,
terminals shall be installed for monthly WIC redemption thresholds as follows: one terminal for
$0 to $8,000; two terminals for $8,001 to $16,000; three terminals for $16,001 to $24,000; and
four terminals for $24,001 and above. A State agency may utilize an alternative installation
formula with Department approval. The monthly redemption levels used for the installation
formula shall be the average redemptions based on a period of up to 12 months of prior
redemption;
(iii) The State agency shall determine the number of appropriate POS terminals for authorized
farmers and farmers' markets;
(iv) For newly authorized WIC vendors deemed necessary for participant access by the State
agency, the vendor shall be provided one POS terminal unless the State agency determines
other factors in this location warrant additional terminals;
(v) Any authorized vendor who has been equipped with a POS terminal by the State agency may
submit evidence additional terminals are necessary after the initial POS terminals are installed;
(vi) The State agency may provide authorized vendors with additional POS terminals above the
minimum number required by this paragraph in order to permit WIC participants to obtain a
shopping list or benefit balance, as long as the number of terminals provided does not exceed
the number of lanes in the vendor location;
(vii) The State agency may remove excess POS terminals if actual redemption activity warrants a
reduction consistent with the redemption levels outlined in paragraphs (z)(2)(i) through (ii) of
this section.
(3) Payment to vendors, farmers and farmers' markets. The State agency shall ensure that vendors,
farmers and farmers' markets are paid promptly. Payment must be made in accordance with the
established Operating Rules and technical requirements after the vendor, farmer or farmers' market
has submitted a valid electronic claim for payment.
(aa) Imposition of costs on vendors, farmers and farmers' markets —

7 CFR 246.12(aa) (enhanced display)

page 113 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(aa)(1)

(1) Cost prohibition. Except as otherwise provided in this section, a State agency shall not impose the
costs of any single-function equipment or system required for EBT on any authorized vendor,
farmers or farmers' markets in order to transact EBT.
(2) Cost sharing. If WIC Program equipment is multi-function equipment, the State agency shall develop
cost sharing criteria with authorized WIC vendors, farmers and farmers' markets for costs
associated with such equipment in accordance with Federal cost principles. Any cost sharing
agreements shall be developed between a State agency and its vendors, farmers, or farmers'
markets depending on the type, scope and capabilities of shared equipment. The State agency must
furnish its allocation and/or cost sharing methodology to the Department as part of the Advanced
Planning Document for review and approval before incurring costs.
(3) Fees —
(i)

Third-party processor costs and fees. The State agency shall not pay or reimburse vendors,
farmers or farmers' markets for third-party processing costs and fees for vendors, farmers, or
farmers' markets that elect to accept EBT using multi-function equipment. The State agency or
its agent shall not charge any fees to authorized vendors for use of single-function equipment.

(ii) Interchange fees. The State agency shall not pay or reimburse the vendor, farmer or farmers'
markets for interchange fees on WIC EBT transactions.
(4) Statewide operations. After completion of statewide EBT implementation, the State agency shall not:
(i)

Pay ongoing maintenance, processing fees or operational costs for any vendor, farmer or
farmers' market utilizing multi-function systems and equipment, unless the State agency
determines that the vendor is necessary for participant access. The State agency shall
continue to pay ongoing maintenance, processing fees and operational costs of single-function
equipment;

(ii) Authorize a vendor, farmer, or farmers' market that cannot successfully demonstrate EBT
capability in accordance with State agency requirements, unless the State agency determines
the vendor is necessary for participant access.
(bb) EBT Technical standards and requirements.
(1) Each State agency, contractor and authorized vendor participating in the program shall follow and
demonstrate compliance with:
(i)

Operating rules, standards and technical requirements as established by the Secretary; and

(ii) Other industry standards identified by the Secretary.
(2) The State agency shall establish policy permitting the replacement of EBT cards and the transfer of
participant benefit balances within no more than seven business days following notice by the
participant or proxy to the State agency.
(3) The State agency shall establish procedures to provide customer service during non-business hours
that enable participants or proxies to report a lost, stolen, or damaged card, report other card or
benefit issues, receive information on the EBT food balance and receive the current benefit end date.
The State agency shall respond to any report of a lost, stolen, or damaged card within one business
day of the date of report. If a State agency seeks to implement alternatives to the minimum service
requirements, the agency must submit the plan to FNS for approval.
7 CFR 246.12(bb)(3) (enhanced display)

page 114 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.12(cc)

(cc) National universal product codes (UPC) database. The national UPC database is to be used by all State
agencies using EBT to deliver WIC food benefits.
[65 FR 83278, Dec. 29, 2000, as amended at 70 FR 29579, May 24, 2005; 70 FR 71722, Nov. 29, 2005; 71 FR 56731, Sept. 27, 2006;
73 FR 68995, Dec. 6, 2007; 73 FR 11312, Mar. 3, 2008; 74 FR 555, Jan. 6, 2009; 74 FR 51758, Oct. 8, 2009; 75 FR 15603, Mar. 30,
2010; 76 FR 59889, Sept. 28, 2011; 79 FR 12299, Mar. 4, 2014; 81 FR 10449, Mar. 1, 2016; 81 FR 18447, Mar. 31, 2016; 81 FR
66494, Sept. 28, 2016; 89 FR 28528, Apr. 18, 2024]

§ 246.13 Financial management system.
(a) Disclosure of expenditures. The State agency shall maintain a financial management system which
provides accurate, current and complete disclosure of the financial status of the Program. This shall
include an accounting for all property and other assets and all Program funds received and expended
each fiscal year.
(b) Internal control. The State agency shall maintain effective control over and accountability for all Program
grants and funds. The State agency must have effective internal controls to ensure that expenditures
financed with Program funds are authorized and properly chargeable to the Program.
(c) Record of expenditures. The State agency shall maintain records which adequately identify the source and
use of funds expended for Program activities. These records shall contain, but are not limited to,
information pertaining to authorization, receipt of funds, obligations, unobligated balances, assets,
liabilities, outlays, and income.
(d) Payment of costs. The State shall implement procedures which ensure prompt and accurate payment of
allowable costs, and ensure the allowability and allocability of costs in accordance with the cost
principles and standard provisions of this part, 2 CFR part 200, subpart D, USDA implementing regulations
2 CFR part 400 and part 415, and FNS guidelines and instructions.
(e) Identification of obligated funds. The State agency shall implement procedures which accurately identify
obligated Program funds at the time the obligations are made.
(f) Resolution of audit findings. The State agency shall implement procedures which ensure timely and
appropriate resolution of claims and other matters resulting from audit findings and recommendations.
(g) Use of minority- and women-owned banks. Consistent with the national goals of expanding opportunities
for minority business enterprises, State and local agencies are encouraged to use minority- and womenowned banks.
(h) Adjustment of expenditures. The State agency must adjust projected expenditures to account for
redeemed food instruments and for other changes as appropriate.
(i)

Transfer of cash. The State agency shall have controls to minimize the time elapsing between receipt of
Federal funds from the U.S. Department of Treasury and the disbursements of these funds for Program
costs. In the Letter of Credit system, the State agency shall make drawdowns from the U.S. Department of
Treasury's Regional Disbursing Office as close as possible to the actual date that disbursement of funds
is made. Advances made by the State agency to local agencies shall also conform to these same
standards.

(j)

Local agency financial management. The State agency shall ensure that all local agencies develop and
implement a financial management system consistent with requirements prescribed by FNS and the State
agency pursuant to the requirements of this section.

7 CFR 246.13(j) (enhanced display)

page 115 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.14

[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985, as amended at 65 FR 83286, Dec. 29, 2000; 81 FR 66494, Sept. 28, 2016]

§ 246.14 Program costs.
(a) General.
(1) The two kinds of allowable costs under the Program are “food costs” and “nutrition services and
administration costs.” In general, costs necessary to the fulfillment of Program objectives are to be
considered allowable costs. The two types of nutrition services and administration costs are:
(i)

Direct costs. Those direct costs that are allowable under 2 CFR part 200, subpart E and USDA
implementing regulations 2 CFR part 400 and part 415.

(ii) Indirect costs. Those indirect costs that are allowable under 2 CFR part 200, subpart E and
USDA implementing regulations 2 CFR part 400 and part 415. When computing indirect costs,
food costs may not be used in the base to which the indirect cost rate is applied. In accordance
with the provisions of 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part
400 and part 415, a claim for indirect costs shall be supported by an approved allocation plan
for the determination of allowable indirect costs.
(2) Program funds may not be used to pay for retroactive benefits. Except as provided in paragraph (e)
of this section and §§ 246.16(g) and 246.16(h) of this part, funds allocated by FNS for food
purchases may not be used to pay nutrition services and administration costs. However, nutrition
services and administration funds may be used to pay for food costs.
(b) What costs may I charge to the food grant?
(1) The State agency may use food funds for costs of:
(i)

Acquiring supplemental foods provided to State or local agencies or participants, whichever
receives the supplemental food first;

(ii) Warehousing supplemental foods; and
(iii) Purchasing and renting breast pumps.
(2) For costs to be allowable, the State agency must ensure that food costs do not exceed the
customary sales price charged by the vendor, home food delivery contractor, or supplier in a direct
distribution food delivery system. In addition, food costs may not exceed the price limitations
applicable to the vendor.
(c) Specified allowable nutrition services and administration costs. Allowable nutrition services and
administration (NSA) costs include the following:
(1) The cost of nutrition education and breastfeeding promotion and support which meets the
requirements of § 246.11. During each fiscal year, each State agency shall expend, for nutrition
education activities and breastfeeding promotion and support activities, an aggregate amount that is
not less than the sum of one-sixth of the amount expended by the State agency for costs of NSA and
an amount equal to its proportionate share of the national minimum expenditure for breastfeeding
promotion and support activities. The amount to be spent on nutrition education shall be computed
by taking one-sixth of the total fiscal year NSA expenditures. The amount to be spent by a State
agency on breastfeeding promotion and support activities shall be an amount that is equal to at
least its proportionate share of the national minimum breastfeeding promotion expenditure as
specified in paragraph (c)(1) of this section. The national minimum expenditure for breastfeeding
7 CFR 246.14(c)(1) (enhanced display)

page 116 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.14(c)(1)(i)

promotion and support activities shall be equal to $21 multiplied by the number of pregnant and
breastfeeding women in the Program, based on the average of the last three months for which the
Department has final data. On October 1, 1996 and each October 1 thereafter, the $21 will be
adjusted annually using the same inflation percentage used to determine the national administrative
grant per person. If the State agency's total reported nutrition education and breastfeeding
promotion and support expenditures are less than the required amount of expenditures, FNS will
issue a claim for the difference. The State agency may request prior written permission from FNS to
spend less than the required portions of its NSA grant for either nutrition education or for
breastfeeding promotion and support activities. FNS will grant such permission if the State agency
has sufficiently documented that other resources, including in-kind resources, will be used to
conduct these activities at a level commensurate with the requirements of this paragraph (c)(1).
However, food costs used to purchase or rent breast pumps may not be used for this purpose.
Nutrition education, including breastfeeding promotion and support, costs are limited to activities
which are distinct and separate efforts to help participants understand the importance of nutrition to
health. The cost of dietary assessments for the purpose of certification, the cost of prescribing and
issuing supplemental foods, the cost of screening for drug and other harmful substance use and
making referrals to drug and other harmful substance abuse services, and the cost of other healthrelated screening shall not be applied to the expenditure requirement for nutrition education and
breastfeeding promotion and support activities. The Department shall advise State agencies
regarding methods for minimizing documentation of the nutrition education and breastfeeding
promotion and support expenditure requirement. Costs to be applied to the one-sixth minimum
amount required to be spent on nutrition education and the target share of funds required to be
spent on breastfeeding promotion and support include, but need not be limited to—
(i)

Salary and other costs for time spent on nutrition education and breastfeeding promotion and
support consultations whether with an individual or group;

(ii) The cost of procuring and producing nutrition education and breastfeeding promotion and
support materials including handouts, flip charts, filmstrips, projectors, food models or other
teaching aids, and the cost of mailing nutrition education or breastfeeding promotion and
support materials to participants;
(iii) The cost of training nutrition or breastfeeding promotion and support educators, including
costs related to conducting training sessions and purchasing and producing training materials;
(iv) The cost of conducting evaluations of nutrition education or breastfeeding promotion and
support activities, including evaluations conducted by contractors;
(v) Salary and other costs incurred in developing the nutrition education and breastfeeding
promotion and support portion of the State Plan and local agency nutrition education and
breastfeeding promotion and support plans; and
(vi) The cost of monitoring nutrition education and breastfeeding promotion and support activities.
(2) The cost of Program certification, nutrition assessment and procedures and equipment used to
determine nutritional risk, including the following:
(i)

Laboratory fees incurred for up to two hematological tests for anemia per individual per
certification period. The first test shall be to determine anemia status. The second test may be
performed only in follow up to a finding of anemia when deemed necessary for health
monitoring as determined by the WIC State agency;

7 CFR 246.14(c)(2)(i) (enhanced display)

page 117 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.14(c)(2)(ii)

(ii) Expendable medical supplies;
(iii) Medical equipment used for taking anthropometric measurements, such as scales, measuring
boards, and skin fold calipers; and for blood analysis to detect anemia, such as
spectrophotometers, hematofluorometers and centrifuges; and
(iv) Salary and other costs for time spent on nutrition assessment and certification.
(3) The cost of outreach services.
(4) The cost of administering the food delivery system, including the cost of transporting food.
(5) The cost of translators for materials and interpreters.
(6) The cost of fair hearings, including the cost of an independent medical assessment of the appellant,
if necessary.
(7) The cost of transporting participants to clinics when prior approval for using Program funds to
provide transportation has been granted by the State agency and documentation that such service is
considered essential to assure Program access has been filed at the State agency. Direct
reimbursement to participants for transportation cost is not an allowable cost.
(8) The cost of monitoring and reviewing Program operations.
(9) The cost, exclusive of laboratory tests, of screening for drug and other harmful substance use and
making referrals for counseling and treatment services.
(10) The cost of breastfeeding aids which directly support the initiation and continuation of
breastfeeding.
(d) Costs allowable with approval. The costs of capital expenditures exceeding the dollar threshold
established in Agency policy and guidance are allowable only with the approval of FNS prior to the capital
investment. These expenditures include the costs of facilities, equipment (including medical equipment),
automated data processing (ADP) projects, other capital assets, and any repairs that materially increase
the value or useful life of such assets.
(e) Use of funds recovered from vendors, participants, or local agencies.
(1) The State agency may keep funds collected through the recovery of claims assessed against
vendors, participants, or local agencies. Recovered funds include those withheld from a vendor as a
result of reviews of food instruments prior to payment. Recovered funds may be used for either food
or NSA costs.
(2) These recovered funds may be used in the fiscal year:
(i)

In which the initial obligation was made;

(ii) In which the claim arose;
(iii) In which the funds are collected; or
(iv) after the funds are collected.
(3) The State agency may not credit any recoveries until:
(i)

In the case of a vendor claim, the vendor has had the opportunity to correct or justify the error
or apparent overcharge in accordance with § 246.12(k)(3);

7 CFR 246.14(e)(3)(i) (enhanced display)

page 118 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.14(e)(3)(ii)

(ii) In the case of a participant, any administrative hearing requested in accordance with § 246.9
has been completed; or
(iii) In the case of a local agency claim, any administrative review requested in accordance with the
local agency agreement has been completed.
(4) The State agency must report vendor, participant, and local agency recoveries to FNS through the
normal reporting process;
(5) The State agency must keep documentation supporting the amount and use of these vendor,
participant, and local agency recoveries.
(f) Use of funds received as rebates from manufacturers. The State agency must credit and report rebate
payments received from manufacturers in the month in which the payments are received.
[50 FR 6121, Feb. 13, 1987, as amended at 52 FR 21237, June 4, 1987; 53 FR 25314, July 6, 1988; 54 FR 18091, Apr. 27, 1989; 58
FR 11507, Feb. 26, 1993; 59 FR 11503, Mar. 11, 1994; 63 FR 63974, Nov. 18, 1998; 64 FR 67999, Dec. 6, 1999; 64 FR 70178, Dec.
16, 1999; 65 FR 83286, Dec. 29, 2000; 71 FR 56731, Sept. 27, 2006; 73 FR 11312, Mar. 3, 2008; 76 FR 59889, Sept. 28, 2011; 81 FR
66494, Sept. 28, 2016]

§ 246.15 Program income other than grants.
(a) Interest earned on advances. Interest earned on advances of Program funds at the State and local levels
shall be treated in accordance with the provisions of 31 CFR part 205, which implement the requirements
of the Cash Management Improvement Act of 1990. However, State agencies will not incur an interest
liability to the Federal government on rebate funds for infant formula or other foods, provided that all
interest earned on such funds is used for program purposes.
(b) Other Program income. The State agency may use current program income (applied in accordance with
the addition method described in 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR
part 400 and part 415) for costs incurred in the current fiscal year and, with the approval of FNS, for costs
incurred in previous years or subsequent fiscal years. Provided that the costs supported by the income
further the broad objectives of the Program, they need not be a kind that would be permissible as charges
to Federal funds. Money received by the State agency as a result of civil money penalties or fines
assessed against a vendor and any interest charged in the collection of these penalties and fines shall be
considered as program income.
[50 FR 6121, Feb. 13, 1985, as amended at 63 FR 63974, Nov. 18, 1998; 64 FR 13324, Mar. 18, 1999; 71 FR 56731, Sept. 27, 2006;
81 FR 66494, Sept. 28, 2016]

§ 246.16 Distribution of funds.
(a) General. This paragraph describes the timeframes for distribution of appropriated funds by the
Department to participating State agencies and the authority for the Secretary to use appropriated funds
for evaluation studies and demonstration projects.
(1) Authorized appropriations to carry out the provisions of this section may be made not more than 1
year in advance of the beginning of the fiscal year in which the funds shall become available for
disbursement to the State agencies. The funds shall remain available for the purposes for which
appropriated until expended.

7 CFR 246.16(a)(1) (enhanced display)

page 119 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(a)(2)

(2) In the case of appropriations legislation providing funds through the end of a fiscal year, the
Secretary shall issue to State agencies an initial allocation of funds provided under such legislation
not later than the expiration of the 15-day period beginning on the date of the enactment and
subsequent allocation of funds shall be issued not later than the beginning of each of the second,
third and fourth quarters of the fiscal year.
(3) Allocations of funds pursuant to paragraph (a)(2) of this section shall be made as follows: The initial
allocation of funds to State agencies shall include not less than 1⁄3 of the appropriated amounts for
the fiscal year. The allocation of funds to be made not later than the beginning of the second and
third quarters shall each include not less than 1⁄4 of the appropriated amounts for the fiscal year.
(4) In the case of legislation providing funds for a period that ends prior to the end of a fiscal year, the
Secretary shall issue to State agencies an initial allocation of funds not later than the expiration of
the 10-day period beginning on the date of enactment. In the case of legislation providing
appropriations for a period of not more than 4 months, all funds must be allocated to State agencies
except those reserved by the Secretary to carry out paragraph (a)(6) of this section.
(5) In any fiscal year unused amounts from a prior fiscal year that are identified by the end of the first
quarter of the fiscal year shall be recovered and reallocated not later than the beginning of the
second quarter of the fiscal year. Unused amounts from a prior fiscal year that are identified after the
end of the first quarter of the fiscal year shall be recovered and reallocated on a timely basis.
(6) Up to one-half of one percent of the sums appropriated for each fiscal year, not to exceed
$5,000,000, shall be available to the Secretary for the purpose of evaluating Program performance,
evaluating health benefits, providing technical assistance to improve State agency administrative
systems, preparing reports on program participant characteristics, and administering pilot projects,
including projects designed to meet the special needs of migrants, Indians, rural populations, and to
carry out technical assistance and research evaluation projects for the WIC Farmers' Market
Nutrition Program.
(b) Distribution and application of grant funds to State agencies. Notwithstanding any other provision of law,
funds made available to the State agencies for the Program in any fiscal year will be managed and
distributed as follows:
(1) The State agency shall ensure that all Program funds are used only for Program purposes. As a
prerequisite to the receipt of funds, the State agency shall have executed an agreement with the
Department and shall have received approval of its State Plan.
(2) Notwithstanding any other provision of law, all funds not made available to the Secretary in
accordance with paragraph (a)(6) of this section shall be distributed to State agencies on the basis
of funding formulas which allocate funds to all State agencies for food costs and NSA costs
incurred during the fiscal year for which the funds had been made available to the Department. Final
State agency grant levels as determined by the funding formula and State agency breastfeeding
promotion and support expenditure targets will be issued in a timely manner.
(3) When may I transfer funds from one fiscal year to another? —
(i)

Back spend authority. The State agency may back spend into the prior fiscal year up to an
amount equal to one percent of its current year food grant and one percent of its current year
NSA grant. Food funds spent back may be used only for food costs incurred during the prior
fiscal year. NSA funds spent back may be used for either food or NSA costs incurred during the
prior fiscal year. With prior FNS approval, the State agency may also back spend food funds up

7 CFR 246.16(b)(3)(i) (enhanced display)

page 120 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(b)(3)(ii)

to an amount equal to three percent of its current year food grant in a fiscal year for food costs
incurred in the prior fiscal year. FNS will approve such a request only if FNS determines there
has been a significant reduction in infant formula cost containment savings that affected the
State agency's ability to maintain its participation level.
(ii) Spend forward authority.
(A) The State agency may spend forward NSA funds up to an amount equal to three (3)
percent of its total grant (NSA plus food grants) in any fiscal year. These NSA funds spent
forward may be used only for NSA costs incurred in the next fiscal year. Any food funds
that the State agency converts to NSA funds pursuant to paragraph (f) of this section
(based on projected or actual participation increases during a fiscal year) may not be
spent forward into the next fiscal year. With prior FNS approval, the State agency may
spend forward additional NSA funds up to an amount equal to one-half of one percent of
its total grant. These funds are to be used in the next fiscal year for the development of a
management information system, including an electronic benefit transfer system.
(B) Funds spent forward will not affect the amount of funds allocated to the State agency for
any fiscal year. Funds spent forward must be the first funds expended by the State agency
for costs incurred in the next fiscal year.
(iii) Reporting requirements. In addition to obtaining prior FNS approval for certain spend forward/
back spending options, the State agency must report to FNS the amount of all funds it already
has or intends to back spend and spend forward. The spending options must be reported at
closeout.
(c) Allocation formula. State agencies shall receive grant allocations according to the formulas described in
this paragraph. To accomplish the distribution of funds under the allocation formulas, State agencies
shall furnish the Department with any necessary financial and Program data.
(1) Use of participation data in the formula. Wherever the formula set forth in paragraphs (c)(2) and
(c)(3) of this section require the use of participation data, the Department shall use participation
data reported by State agencies according to § 246.25(b).
(2) How is the amount of NSA funds determined? The funds available for allocation to State agencies for
NSA for each fiscal year must be sufficient to guarantee a national average per participant NSA
grant, adjusted for inflation. The amount of the national average per participant grant for NSA for any
fiscal year will be an amount equal to the national average per participant grant for NSA issued for
the preceding fiscal year, adjusted for inflation. The inflation adjustment will be equal to the
percentage change between two values. The first is the value of the index for State and local
government purchases, as published by the Bureau of Economic Analysis of the Department of
Commerce, for the 12-month period ending June 30 of the second preceding fiscal year. The second
is the best estimate that is available at the start of the fiscal year of the value of such index for the
12-month period ending June 30 of the previous fiscal year. Funds for NSA costs will be allocated
according to the following procedure:
(i)

Fair share target funding level determination. For each State agency, FNS will establish, using all
available NSA funds, an NSA fair share target funding level which is based on each State
agency's average monthly participation level for the fiscal year for which grants are being
calculated, as projected by FNS. Each State agency receives an adjustment to account for the
higher per participant costs associated with small participation levels and differential salary
levels relative to a national average salary level. The formula shall be adjusted to account for

7 CFR 246.16(c)(2)(i) (enhanced display)

page 121 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(c)(2)(ii)

these cost factors in the following manner: 90 percent of available funds shall provide
compensation based on rates which are proportionately higher for the first 15,000 or fewer
participants, as projected by FNS, and 10 percent of available funds shall provide
compensation based on differential salary levels, as determined by FNS.
(ii) Base funding level. To the extent funds are available and subject to the provisions of paragraph
(c)(2)(iv) of this section, each State agency shall receive an amount equal to 100 percent of the
final formula-calculated NSA grant of the preceding fiscal year, prior to any operational
adjustment funding allocations made under paragraph (c)(2)(iv) of this section. If funds are not
available to provide all State agencies with their base funding level, all State agencies shall
have their base funding level reduced by a pro-rata share as required by the shortfall of
available funds.
(iii) Fair share allocation. Any funds remaining available for allocation for NSA after the base
funding level required by paragraph (c)(2)(ii) of this section has been completed and subject to
the provisions of paragraph (c)(2)(iv) of this section shall be allocated to bring each State
agency closer to its NSA fair share target funding level. FNS shall make fair share allocation
funds available to each State agency based on the difference between the NSA fair share target
funding level and the base funding level, which are determined in accordance with paragraphs
(c)(2)(i) and (c)(2)(ii) of this section, respectively. Each State agency's difference shall be
divided by the sum of the differences for all State agencies, to determine the percent share of
the available fair share allocation funds each State agency shall receive.
(iv) Operational adjustment funds. Each State agency's final NSA grant shall be reduced by up to 10
percent, and these funds shall be aggregated for all State agencies within each FNS region to
form an operational adjustment fund. The Regions shall allocate these funds to State agencies
according to national guidelines and shall consider the varying needs of State agencies within
the region.
(v) Operational level. The sum of each State agency's stability, residual and operational adjustment
funds shall constitute the State agency's operational level. This operational level shall remain
unchanged for such year even if the number of Federally-supported participants in the program
at such State agency is lower than the Federally-projected participation level. However, if the
provisions of paragraph (e)(2)(ii) of this section are applicable, a State agency will have its
operational level for NSA reduced in the immediately succeeding fiscal year.
(3) Allocation of food benefit funds. In any fiscal year, any amounts remaining from amounts
appropriated for such fiscal year and amounts appropriated from the preceding fiscal year after
making allocations under paragraph (a)(6) of this section and allocations for nutrition services and
administration (NSA) as required by paragraph (c)(2) of this section shall be made available for food
costs. Allocations to State agencies for food costs will be determined according to the following
procedure:
(i)

Fair share target funding level determination.
(A) For each State agency, FNS will establish a fair share target funding level which shall be an
amount of funds proportionate to the State agency's share of the national aggregate
population of persons who are income eligible to participate in the Program based on the
185 percent of poverty criterion. The Department will determine each State agency's
population of persons categorically eligible for WIC which are at or below 185% of poverty,
through the best available, nationally uniform, indicators as determined by the

7 CFR 246.16(c)(3)(i)(A) (enhanced display)

page 122 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(c)(3)(i)(B)

Department. If the Commodity Supplemental Food Program (CSFP) also operates in the
area served by the WIC State agency, the number of participants in such area participating
in the CSFP but otherwise eligible to participate in the WIC Program, as determined by
FNS, shall be deducted from the WIC State agency's population of income eligible
persons. If the State agency chooses to exercise the option in § 246.7(c)(2) to limit
program participation to U.S. citizens, nationals, and qualified aliens, FNS will reduce the
State agency's population of income eligible persons to reflect the number of aliens the
State agency declares no longer eligible.
(B) The Department may adjust the respective amounts of food funds that would be allocated
to a State agency which is outside the 48 contiguous states and the District of Columbia
when the State agency can document that economic conditions result in higher food
costs for the State agency. Prior to any such adjustment, the State agency must
demonstrate that it has successfully implemented voluntary cost containment measures,
such as improved vendor management practices, participation in multi-state agency infant
formula rebate contracts or other cost containment efforts. The Department may use the
Thrifty Food Plan amounts used in SNAP, or other available data, to formulate adjustment
factors for such State agencies.
(ii) Prior year grant level allocation. To the extent funds are available, each State agency shall
receive a prior year grant allocation equal to its final authorized grant level as of September 30
of the prior fiscal year. If funds are not available to provide all State agencies with their full prior
year grant level allocation, all State agencies shall have their full prior year grant level allocation
reduced by a pro-rata share as required by the shortfall of available funds.
(iii) Inflation/fair share allocation.
(A) If funds remain available after the allocation of funds under paragraph (c)(3)(ii) of this
section, the funds shall be allocated as provided in this paragraph (c)(3)(iii). First, FNS will
calculate a target inflation allowance by applying the anticipated rate of food cost
inflation, as determined by the Department, to the prior year grant funding level. Second,
FNS will allocate 80 percent of the available funds to all State agencies in proportionate
shares to meet the target inflation allowance. Third, FNS will allocate 20 percent of the
available funds to each State agency which has a prior year grant level allocation, as
determined in paragraph (c)(3)(ii) of this section and adjusted for inflation as determined
in this paragraph (c)(3)(iii), which is still less than its fair share target funding level. The
amount of funds allocated to each State agency shall be based on the difference between
its prior year grant level allocation plus target inflation funds and the fair share funding
target level. Each State agency's difference shall be divided by the sum of the differences
for all such State agencies, to determine the percentage share of the 20 percent of
available funds each State agency shall receive. In the event a State agency declines any
of its allocation under either this paragraph (c)(3)(iii) or paragraph (c)(3)(ii) of this section,
the declined funds shall be reallocated in the percentages and manner described in this
paragraph (c)(3)(iii). Once all State agencies receive allocations equal to their full target
inflation allowance, any remaining funds shall be allocated or reallocated, in the manner
described in this paragraph (c)(3)(iii), to those State agencies still under their fair share
target funding level.

7 CFR 246.16(c)(3)(iii)(A) (enhanced display)

page 123 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(c)(3)(iii)(B)

(B) In the event funds still remain after completing the distribution in paragraph (c)(3)(iii)(A) of
this section, these funds shall be allocated to all State agencies including those with a
stability allocation at, or greater than, their fair share allocation. Each State agency which
can document the need for additional funds shall receive additional funds based on the
difference between its prior year grant level and its fair share allocation. State agencies
closest to their fair share allocation shall receive first consideration.
(iv) Migrant services. At least 9⁄10 of one percent of appropriated funds for each fiscal year shall be
available first to assure service to eligible members of migrant populations. For those State
agencies serving migrants, a portion of the grant shall be designated to each State agency for
service to members of migrant populations based on that State agency's prior year reported
migrant participation. The national aggregate amount made available first for this purpose shall
equal 9⁄10 of one percent of all funds appropriated each year for the Program.
(v) Special provisions for Indian State agencies. The Department may choose to adjust the
allocations and/or eligibles data among Indian State agencies, or among Indian State agencies
and the geographic State agencies in which they are located when eligibles data for the State
agencies' population is determined to not fairly represent the population to be served. Such
allocations may be redistributed from one State agency to another, based on negotiated
agreements among the affected State agencies approved by FNS.
(4) Adjustment for new State agencies. Whenever a State agency that had not previously administered
the program enters into an agreement with the Department to do so during a fiscal year, the
Department shall make any adjustments to the requirements of this section that are deemed
necessary to establish an appropriate initial funding level for such State agency.
(d) Distribution of funds to local agencies. The State agency shall provide to local agencies all funds made
available by the Department, except those funds necessary for allowable State agency NSA costs and
food costs paid directly by the State agency. The State agency shall distribute the funds based on claims
submitted at least quarterly by the local agency. Where the State agency advances funds to local
agencies, the State agency shall ensure that each local agency has funds to cover immediate
disbursement needs, and the State agency shall offset the advances made against incoming claims as
they are submitted to ensure that funding levels reflect the actual expenditures reported by the local
agency. Upon receipt of Program funds from the Department, the State agency shall take the following
actions:
(1) Distribute funds to cover expected food cost expenditures and/or distribute caseload targets to each
local agency which are used to project food cost expenditures.
(2) Allocate funds to cover expected local agency NSA costs in a manner which takes into consideration
each local agency's needs. For the allocation of NSA funds, the State agency shall develop an NSA
funding procedure, in cooperation with representative local agencies, which takes into account the
varying needs of the local agencies. The State agency shall consider the views of local agencies, but
the final decision as to the funding procedure remains with the State agency. The State agency shall
take into account factors it deems appropriate to further proper, efficient and effective
administration of the program, such as local agency staffing needs, density of population, number of
persons served, and availability of administrative support from other sources.

7 CFR 246.16(d)(2) (enhanced display)

page 124 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(d)(3)

(3) The State agency may provide in advance to any local agency any amount of funds for NSA deemed
necessary for the successful commencement or significant expansion of program operations during
a reasonable period following approval of a new local agency, a new cost containment measure, or a
significant change in an existing cost containment measure.
(e) Recovery and reallocation of funds.
(1) Funds may be recovered from a State agency at any time the Department determines, based on
State agency reports of expenditures and operations, that the State agency is not expending funds at
a rate commensurate with the amount of funds distributed or provided for expenditures under the
Program. Recovery of funds may be either voluntary or involuntary in nature. Such funds shall be
reallocated by the Department through application of appropriate formulas set forth in paragraph (c)
of this section.
(2) Performance standards. The following standards shall govern expenditure performance.
(i)

The amount allocated to any State agency for food benefits in the current fiscal year shall be
reduced if such State agency's food expenditures for the preceding fiscal year do not equal or
exceed 97 percent of the amount allocated to the State agency for such costs. Such reduction
shall equal the difference between the State agency's preceding year food expenditures and the
performance expenditure standard amount. For purposes of determining the amount of such
reduction, the amount allocated to the State agency for food benefits for the preceding fiscal
year shall not include food funds expended for food costs incurred under the spendback
provision in paragraph (b)(3)(i) of this section or conversion authority in paragraph (g) of this
section. Temporary waivers of the performance standard may be granted at the discretion of
the Department.

(ii) Reduction of NSA grant. FNS will reduce the State agency's NSA grant for the next fiscal year if
the State agency's current fiscal year per participant NSA expenditure is more than 10 percent
higher than its per participant NSA grant. To avoid a reduction to its NSA grant level, the State
agency may submit a “good cause” justification explaining why it exceeded the applicable limit
on excess NSA expenditures. This justification must be submitted at the same time as the
close-out report for the applicable fiscal year. Good cause may include dramatic and
unforeseen increases in food costs, which would prevent a State agency from meeting its
projected participation level.
(iii) Spend forward funds. If any State agency notifies the Department of its intent to spend forward
a specific amount of funds for expenditure in the subsequent fiscal year, in accordance with
paragraph (b)(3)(ii) of this section, such funds shall not be subject to recovery by the
Department.
(f) How do I qualify to convert food funds to NSA funds based on increased participation? —
(1) Requirements. The State agency qualifies to convert food funds to NSA funds based on increased
participation in any fiscal year in two ways:
(i)

Approved plan. A State agency may submit a plan to FNS to reduce average food costs per
participant and to increase participation above the FNS-projected level for the State agency. If
approved, the State agency may use funds allocated for food costs to pay NSA costs.

7 CFR 246.16(f)(1)(i) (enhanced display)

page 125 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(f)(1)(ii)

(ii) Participation increases achieved. The State agency may also convert food funds to NSA funds
in any fiscal year if it achieves, through acceptable measures, increases in participation in
excess of the FNS-projected level for the State agency. Acceptable measures include use of
cost containment measures, curtailment of vendor abuse, and breastfeeding promotional
activities. FNS will disallow the State agency's conversion of food funds to NSA funds in
accordance with paragraph (h) of this section if:
(A) The State agency increases its participation level through measures that are not in the
nutritional interests of participants; or
(B) It is not otherwise allowable under program regulations.
(2) Limitation. The State agency may convert food funds only to the extent that the conversion is
necessary—
(i)

To cover NSA expenditures in the current fiscal year that exceed the State agency's NSA grant
for the current fiscal year and any NSA funds which the State agency has spent forward into the
current fiscal year; and

(ii) To ensure that the State agency maintains the level established for the per participant NSA
grant for the current fiscal year.
(3) Maximum amount. The maximum amount the State agency may convert equals the State agency's
conversion rate times the projected or actual participation increase, as applicable. The conversion
rate is the same as the per participant NSA grant and is determined by dividing the State agency's
NSA grant by the FNS-projected participation level. The NSA grant used in the calculation equals the
initial allocation of current year funds plus the operational adjustment funding allocated to the State
agency for that fiscal year.
(g) How do I qualify to convert food funds to NSA funds for service to remote Indian or Native villages? —
(1) Eligible State agencies. Only State agencies located in noncontiguous States containing a significant
number of remote Indian or Native villages qualify to convert food funds to NSA funds under this
paragraph (g) in any fiscal year.
(2) Limitation. In the current fiscal year, food funds may be converted only to the extent necessary to
cover expenditures incurred:
(i)

In providing services (including the full cost of air transportation and other transportation) to
remote Indian or Native villages; and

(ii) To provide breastfeeding support in those areas that exceed the State agency's NSA grant for
the current fiscal year and any NSA funds which the State agency has spent forward into the
current fiscal year.
(h) What happens at the end of the fiscal year in which food funds are converted? At the end of the fiscal year,
the Department will determine the amount of food funds which the State agency was entitled to convert
to NSA funds under paragraphs (f) and (g) of this section. In the event that the State agency has
converted more than the permitted amount of funds, the Department will disallow the amount of excess
conversion.

7 CFR 246.16(h) (enhanced display)

page 126 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16(i)

(i)

How do converted funds affect the calculation of my prior year food grant and base NSA grant? For
purposes of establishing a State agency's prior year food grant and base NSA grant under paragraphs
(c)(2)(i) and (c)(3)(i) of this section, respectively, amounts converted from food funds to NSA funds under
paragraphs (f) and (g) of this section and § 246.14(e) during the preceding fiscal year will be treated as
though no conversion had taken place.

(j)

Inflation adjustment of the fruit and vegetable voucher. The monthly cash value of the fruit and vegetable
voucher shall be adjusted annually for inflation. Adjustments are effective the first day of each fiscal year
beginning on or after October 1 each year. The inflation-adjusted value of the voucher shall be equal to a
base value increased by a factor based on the Consumer Price Index for All Urban Consumers (CPI-U) for
fresh fruits and vegetables, as provided in this section.
(1) Adjustment year. The adjustment year is the fiscal year that begins October 1 of the current calendar
year.
(2) Base value of the fruit and vegetable voucher. The base year for calculation of the value of the fruit
and vegetable voucher is fiscal year 2022. The base value to be used equals:
(i)

$24 for children;

(ii) $43 for pregnant and postpartum women; and
(iii) $47 for breastfeeding (fully and partially (mostly)) women.
(3) Adjusted value of the fruit and vegetable voucher. The adjusted value of the fruit and vegetable
voucher is the cash value of the voucher for adjustment years beginning on or after October 1, 2022.
The adjusted value is the base value increased by an amount equal to the base value of the fruit and
vegetable voucher:
(i)

Multiplied by the inflation adjustment described in paragraph (j)(4) of this section; and

(ii) Subject to rounding as described in paragraph (j)(5) of this section.
(4) Inflation adjustment. The inflation adjustment of the fruit and vegetable voucher shall equal the
percentage (if any) by which the annual average value of the Consumer Price Index for fresh fruits
and vegetables, computed from monthly values published by the Bureau of Labor Statistics, for the
twelve months ending on March 31 of the fiscal year immediately prior to the adjustment year,
exceeds the average of the monthly values of that index for the twelve months ending on March 31,
2021.
(5) Rounding. If any increase in the cash value of the voucher determined under paragraph (j)(3) of this
section is not a multiple of $1, such increase shall be rounded to the next lowest multiple of $1.
However, if the adjusted value of the voucher for the adjustment year, as determined under
paragraph (j)(3) of this section, is lower than the adjusted value for the fiscal year immediately prior
to the adjustment year, then the adjusted value of the voucher will remain unchanged from that
immediate prior fiscal year.
[50 FR 6121, Feb. 13, 1985]

Editorial Note: For FEDERAL REGISTER citations affecting § 246.16, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

7 CFR 246.16(j)(5) (enhanced display)

page 127 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a

§ 246.16a Infant formula and authorized foods cost containment.
(a) Who must use cost containment procedures for infant formula? All State agencies must continuously
operate a cost containment system for infant formula that is implemented in accordance with this section
except:
(1) State agencies with home delivery or direct distribution food delivery systems;
(2) Indian State agencies with 1,000 or fewer participants in April of any fiscal year, which are exempt for
the following fiscal year;
(3) State agencies granted a waiver under paragraph (e) of this section; and
(4) State agencies granted a postponement under paragraph (f) of this section.
(b) What cost containment procedures must be used? State agencies must use either a single-supplier
competitive system as outlined in paragraph (c) of this section, or an alternative cost containment system
as outlined in paragraph (d) of this section.
(c) What is the single-supplier competitive system?
(1) Under the single-supplier competitive system, a State agency solicits sealed bids from infant formula
manufacturers to supply and provide a rebate for infant formulas. The State agency must conduct
the procurement in a manner that maximizes full and open competition consistent with the
requirements of this section. A State agency must:
(i)

Provide a minimum of 30 days between the publication of the solicitation and the date on which
the bids are due, unless exempted by the Secretary; and

(ii) Publicly open and read all bids aloud on the day the bids are due.
(2) How must a State agency structure the bid solicitation?
(i)

Single solicitation. Under the single solicitation system, the State agency's bid solicitation must
require the winning bidder to supply and provide a rebate on all infant formulas it produces that
the State agency chooses to issue, except exempt infant formulas. Rebates must also be paid
on any new infant formulas that are introduced after the contract is awarded. The solicitation
must require bidders that do not produce a soy-based infant formula to subcontract with
another manufacturer to supply a soy-based infant formula under the contract. In this case, the
bid solicitation must require that the winning bidder pay the State agency a rebate on the soybased infant formula supplied by the subcontractor that is issued by the State agency. The bid
solicitation must require all rebates (including those for soy-based infant formula supplied by a
subcontractor) to be calculated in accordance with paragraph (c)(6) of this section. All of these
infant formulas are called contract brand infant formulas.

(ii) Separate solicitations. Under the separate solicitation system, a State agency issues two bid
solicitations. Any State agency or alliance that served a monthly average of more than 100,000
infants during the preceding 12-month period shall issue separate bid solicitations for milkbased and soy-based infant formula. The first solicitation must require the winning bidder to
supply and provide a rebate on all milk-based infant formulas it produces that the State agency
chooses to issue, except exempt infant formulas. Rebates must also be paid on any new milkbased infant formulas that are introduced by the manufacturer after the contract is awarded.
These infant formulas are considered to be contract brand infant formulas. The second bid
solicitation must require the winning bidder to supply and provide a rebate on all soy-based
7 CFR 246.16a(c)(2)(ii) (enhanced display)

page 128 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(c)(3)

infant formulas it produces that the State agency chooses to issue. Rebates must also be paid
on any new soy-based infant formulas that are introduced by the manufacturer after the
contract is awarded. These infant formulas are also considered to be contract brand infant
formulas.
(3) What is the size limitation for a State alliance? A State alliance may exist among State agencies if the
total number of infants served by States participating in the alliance as of October 1, 2003, or such
subsequent date determined by the Secretary for which data is available, does not exceed 100,000.
However, a State alliance that existed as of July 1, 2004, and serves over 100,000 infants may
exceed this limit to include any State agency that served less than 5,000 infants as of October 1,
2003, or such subsequent date determined by the Secretary for which data is available, and/or any
Indian State agency. The bid solicitation must identify the composition of the State alliances for the
purpose of a cost containment measure, and verify that no additional State shall be added to the
State alliance between the date of the bid solicitation and the end of the contract. The Secretary may
waive these requirements not earlier than 30 days after submitting to the Committee on Education
and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a written report that describes the cost-containment and competitive benefits
of the proposed waiver.
(4) On what types and physical forms of infant formula must bids be solicited? The bid solicitation must
require bidders to specify a rebate for each of the types and physical forms of infant formulas
specified in the following chart. These rebates apply proportionally to other infant formulas
produced by the winning bidder(s) (see paragraph (c)(6) of this section).

Type of infant formula

Physical
forms of
infant
formula

Infant formula requirements

(i) For a single solicitation, the solicitation must require bidders to specify a rebate amount for the
following:
A single milk-based infant formula (primary
contract infant formula); bidders must specify
the brand name of the milk-based infant
formula for which the rebate is being specified

Concentrated
liquid,
powdered,
and ready-tofeed

Meets requirements under §
246.10(e)(1)(iii) and §
246.10(e)(2)(iii) and suitable for
routine issuance to the majority of
generally healthy, full-term infants.

(ii) For separate solicitations, the solicitation must require bidders to specify a rebate amount for
the following:
(A) A single milk-based infant formula
(primary milk-based contract brand infant
formula); bidders must specify the brand
name of the milk-based infant formula for
which the rebate is being specified

Concentrated
liquid,
powdered,
and ready-tofeed

(B) A single soy-based infant formula (primary
soy-based contract brand infant formula);
bidders must specify the brand name of the

Concentrated Meets requirements under §
liquid,
246.10(e)(1)(iii) and §
powdered,
246.10(e)(2)(iii).

7 CFR 246.16a(c)(4) (enhanced display)

Meets requirements under §
246.10(e)(1)(iii) and §
246.10(e)(2)(iii) and suitable for
routine issuance to the majority of
generally healthy, full-term infants.

page 129 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

Type of infant formula

Physical
forms of
infant
formula

soy-based infant formula for which the rebate
is being specified

and ready-tofeed

7 CFR 246.16a(c)(5)

Infant formula requirements

(5) A State agency must award the contract(s) to the responsive bidder(s) offering the lowest total
monthly net price for infant formula or the highest monthly rebate (subject to paragraph(c)(4)(ii) of
this section) for a standardized number of units of infant formula. To be responsive, a bidder must
submit a bid by the deadline set by the State agency that conforms to the solicitation and must meet
requirements at 246.16a and set forth in the bid solicitation. The State agency must calculate the
lowest net price using the lowest national wholesale cost per unit for a full truckload of the infant
formula on the date of the bid opening.
(6) What data must be provided to bidders? The State agency must provide as part of the bid solicitation
the participation and infant formula usage data and the standardized number of ounces by physical
form of infant formula to be used in evaluating bids as described in paragraph (c)(4) of this section.
The State agency must notify bidders that the participation and infant formula usage data does not
necessarily reflect the actual issuance and redemption that will occur under the contract.
(7) How is the rebate to be calculated on all other contract brand infant formulas? All bids must specify
the rebates offered by each bidder for the primary contract infant formula(s). After the contract is
awarded, the State agency must calculate the percentage discount for all other contract brand infant
formulas (i.e., all other infant formulas produced by the bidder other than exempt infant formulas)
approved for issuance by the State agency. The State agency must use the following method in
calculating the rebates:
(i)

Calculation of percentage discounts. Rebates for contract brand infant formulas, other than the
primary contract infant formula(s) for which bids were received, must be calculated by first
determining the percentage discount for each physical form (e.g., concentrated liquid,
powdered, and ready-to-feed) of the primary contract infant formula(s). The percentage
discount must be calculated by dividing the rebate for the primary contract infant formula by
the manufacturer's lowest national wholesale price per unit, as of the date of the bid opening,
for a full truckload of the primary contract infant formula. The percentage discounts must be
used to determine the rebate for all other contract brand infant formulas approved for issuance
by the State agency.

(ii) Calculation of rebate amount. The rebate for each type and form of all other contract brand
infant formulas must be calculated by multiplying the percentage discount by the
manufacturer's lowest national wholesale price per unit, as of the date of the bid opening, for a
full truckload of the other contract brand infant formula. The percentage discount used for each
of the other contract brand infant formulas depends on the physical form of the infant formula.
For example, if the percentage discount provided for the primary contract brand powdered
infant formula is 80 percent of its wholesale price, the same percentage discount must be
applied to all other contract brand powdered infant formulas. The rebate for any types or forms
7 CFR 246.16a(c)(7)(ii) (enhanced display)

page 130 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(c)(7)(iii)

of contract brand infant formulas that are introduced during the contract period must be
calculated using the wholesale prices of these new contract brand infant formulas at the time
the infant formulas are approved for issuance by the State agency.
(iii) Calculation of rebates during contract term. The rebates resulting from the application of the
percentage discount must remain the same throughout the contract period except for the centfor-cent rebate adjustments required in paragraph (c)(6)(iv) of this section.
(iv) Cent-for-cent rebate adjustments. Bid solicitations must require the manufacturer to adjust
rebates for price changes subsequent to the bid opening. Price adjustments must reflect any
increase and decrease, on a cent-for-cent basis, in the manufacturer's lowest national
wholesale prices for a full truckload of infant formula.
(8) What is the first choice of issuance for infant formula? The State agency must use the primary
contract infant formula(s) as the first choice of issuance (by physical form), with all other infant
formulas issued as an alternative (see § 246.10(e)(1)(iii)).
(9) Under what circumstances may the State agency issue other contract brand formulas? Except as
required in paragraph (c)(7) of this section, the State agency may choose to approve for issuance
some, none, or all of the winning bidder's other infant formula(s). In addition, the State agency may
require medical documentation before issuing any contract brand infant formula, except as provided
in paragraph (c)(7) of this section (see § 246.10(c)(1)(i)) and must require medical documentation
before issuing any WIC formula covered by § 246.10(c)(1)(iii).
(d) What is an alternative cost containment system? Under an alternative cost containment system, a State
agency elects to implement an infant formula cost containment system of its choice. The State agency
may only implement an alternative system if such a system provides a savings equal to or greater than a
single-supplier competitive system. A State agency must conduct a cost comparison demonstrating such
savings as described in paragraphs (d)(1) and (d)(2) of this section.
(1) How must the State agency structure the bid solicitation? The State agency must solicit bids
simultaneously using the single-supplier competitive system described in paragraph (c) of this
section and the alternative cost containment system(s) the State agency has selected. The State
agency may prescribe standards of its choice for the alternative cost containment system(s),
provided that conditions established for each system addressed in the bid solicitation include
identical bid specifications for the contract period length and the types and forms of infant
formula(s) to be included in the systems. In addition, the alternative cost containment system must
cover the types and forms of infant formulas routinely issued to the majority of generally healthy,
full-term infants. The State agency must use the procedure outlined in paragraph (d)(2) of this
section in conducting a cost comparison to determine which system offers the greatest savings over
the entire contract period specified in the bid solicitation.
(2) How does the State agency conduct the cost comparison?
(i)

Establishing infant formula cost containment savings.
(A) Savings under the single-supplier competitive system. The State agency must project food
cost savings in the single-supplier competitive system based on the lowest monthly net
price or highest monthly rebate, as described in paragraph (c)(4) of this section.

7 CFR 246.16a(d)(2)(i)(A) (enhanced display)

page 131 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(d)(2)(i)(B)

(B) Savings under an alternative cost containment system. The State agency must project food
cost savings under alternative cost containment systems based on the lowest monthly net
cost or highest monthly rebate, as described in paragraph (c)(4) of this section. Food cost
savings must be based on the standardized amount of infant formula expected to be
issued as calculated for a single-supplier competitive system, prorated by the percentage
of anticipated total infant formula purchases attributable to each manufacturer. The State
agency must use the aggregate market share of the manufacturers submitting bids in
calculating its cost savings estimate.
(C) General. In establishing the potential food cost savings under each system, the State
agency must take into consideration in its estimate of savings any inflation factors which
would affect the amount of savings over the life of the contract. Further, the State agency
must not subtract any loss of payments which would occur under the terms of a current
contract as a result of any State agency action to be effective after expiration of the
contract.
(ii) Nutrition services and administration cost adjustment. The State agency must deduct from the
food cost savings projected for each system under this paragraph (d) the nutrition services and
administration costs associated with developing and implementing—but not operating—each
cost containment system. This includes any anticipated costs for modifying its automated data
processing system or components of its food delivery system(s), and of training participants,
local agencies, vendors, and licensed health care professionals on the purpose and procedures
of the new system. For contracts of two years or less, such costs must be proportionately
distributed over at least a two year period. The State agency must not deduct any costs
associated with procurement. The State agency must itemize and justify all nutrition services
and administration cost adjustments as necessary and reasonable for the development and
implementation of each system.
(iii) Final cost comparison. The State agency must calculate the food costs savings and deduct the
appropriate nutrition services and administration costs for each system for which bids were
received. The State agency must implement the single-supplier competitive system, unless its
comparative cost analysis shows that, over the length of the contract stipulated in the bid
solicitation, an alternative cost containment system offers savings at least equal to, or greater
than, those under the competitive single-supplier system. If the comparative cost analysis
permits selection of the alternative cost containment system and the State agency wishes to
implement that system, it must first submit a State Plan amendment with the calculations and
supporting documentation for this cost analysis to FNS for approval. Only after the calculations
are approved by FNS may the State agency award the contract or contracts under the
alternative cost containment system.
(e) How does a State agency request a waiver of the requirement for a single-supplier competitive system? A
State agency which, after completing the cost comparison in paragraphs (d)(2)(i) through (d)(2)(iii) of this
section, is required to implement the single-supplier competitive cost containment system for infant
formula procurement, may request a waiver from FNS to permit it to implement an alternative system.
State agencies must support all waiver requests with documentation in the form of a State Plan
amendment as required under § 246.4(a)(14)(x) and may submit such requests only in either of the
following circumstances:

7 CFR 246.16a(e) (enhanced display)

page 132 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(e)(1)

(1) The difference between the single-supplier competitive system and the alternative cost containment
system is less than 3 percent of the savings anticipated under the latter system and not more than
$100,000 per annum.
(2) The single-supplier competitive system would be inconsistent with the efficient or effective operation
of the program. Examples of justifications FNS will not accept for a waiver, include, but are not
limited to: preservation of participant preference for otherwise nutritionally equivalent infant
formulas; maintenance of health care professionals' prerogatives to prescribe otherwise nutritionally
equivalent infant formulas for non-medical reasons; potential loss of free or otherwise discounted
materials to WIC clinics and other health care facilities; potential inability of a manufacturer selected
in accordance with applicable State procurement procedures to supply contractually-specified
amounts of infant formula; and the possibility of interrupted infant formula supplies to retail outlets
as a consequence of entering into a contract with a single manufacturer.
(f) How does a State agency request a postponement of the requirement for a continuously operated cost
containment system for infant formula? A State agency may request a postponement of the requirement
to continuously operate a cost containment system for infant formula that has been implemented in
accordance with this section. However, a State agency may only request a postponement when it has
taken timely and responsible action to implement a cost containment system before its current system
expires but has been unable to do so due to procurement delays, disputes with FNS concerning cost
containment issues during the State Plan approval process or other circumstances beyond its control.
The written postponement request must be submitted to FNS before the expiration of the current system.
The postponement period may be no longer than 120 days. If a postponement is granted, the State
agency may extend, renew or otherwise continue an existing system during the period of the
postponement.
(g) May a State agency implement cost containment systems for other supplemental foods? Yes, when a State
agency finds that it is practicable and feasible to implement a cost containment system for any WIC food
other than infant formula. The State agency must:
(1) Provide notification to FNS by means of the State agency's State Plan.
(2) Comply with paragraphs (c)(2) and (k) of this section.
(3) Provide a minimum of 30 days between the publication of the solicitation and the date on which the
bids are due, unless exempted by the Secretary. The State must publicly open and read all bids aloud
on the day the bids are due.
(4) Issue separate solicitations for authorized foods if any alliance served a monthly average of more
than 100,000 infants during the preceding 12-month period.
(h) What are the implementation time frames for Indian State agencies that lose their exemption from the infant
formula cost containment requirement? If an Indian State agency operating a retail food delivery system
expands its program participation above 1000 and thereby loses its exemption from the requirements of
paragraph (a) of this section regarding the method of cost containment for infant formula, then the Indian
State agency must begin compliance with paragraph (a) of this section in accordance with time frames
established by FNS.
(i)

What are the penalties for failure to comply with the cost containment requirements? Any State agency that
FNS determines to be out of compliance with the cost containment requirements of this part must not
draw down on or obligate any Program grant funds, nor will FNS make any further Program funds
available to such State agency, until it is in compliance with these requirements.

7 CFR 246.16a(i) (enhanced display)

page 133 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

(j)

7 CFR 246.16a(j)

What provisions are prohibited to be included in cost containment contracts? A State agency may not issue
bid solicitations or enter into contracts which:
(1) Prescribe conditions that would void, reduce the savings under or otherwise limit the original
contract if the State agency solicited or secured bids for, or entered into, a subsequent cost
containment contract to take effect after the expiration of the original contract;
(2) Does not include the registration and certification requirements in § 246.10(g);
(3) Require infant formula manufacturers to submit bids on more than one of the systems specified in
the invitation for bids; or
(4) Require infant formula manufacturers to provide gratis infant formula or other items.

(k) What are the requirements for infant formula and authorized food rebate invoices? A State agency must
have a system in place that ensures infant formula and authorized food rebate invoices, under
competitive bidding, provide a reasonable estimate or an actual count of the number of units purchased
by participants in the program.
(l)

What are the requirements for the national cost containment bid solicitation and selection for infant
formula? FNS will solicit and select bids for infant formula rebates on behalf of State agencies with retail
food delivery systems based on the following guidelines:
(1) FNS will solicit bids and select the winning bidder(s) for infant formula cost containment contracts
only if two or more State agencies with retail food delivery systems request FNS to conduct bid
solicitation and selection on their behalf. FNS will conduct the bid solicitation and selection process
only and will not award or enter into any infant formula cost containment contract on behalf of the
individual State agencies. Each State agency will individually award and enter into infant formula
cost containment contract(s) with the winning bidder(s). State agencies must obtain the rebates
directly from the infant formula manufacturer(s). FNS will conduct the bid solicitation in accordance
with this paragraph (l) and the competitive bidding procurement procedures of the State agency with
the highest infant participation in the bid group on whose behalf bids are being solicited. Any bid
protests and contractual disputes are the responsibility of the individual State agencies to resolve.
(2) FNS will make a written offer to all State agencies to conduct bid solicitation and selection on their
behalf at least once every 12 months. FNS will send State agencies a copy of the draft Request for
Rebates when making the offer to State agencies. Only State agencies that provide the information
required by this paragraph (l)(2) in writing, signed by a responsible State agency official, by certified
mail, return receipt requested or by hand delivery with evidence of receipt within 15 days of receipt of
the offer will be included in the national bid solicitation and selection process. Each interested State
agency must provide:
(i)

A statement that the State agency requests FNS to conduct bid solicitation and selection on its
behalf;

(ii) A statement of the State agency's minimum procurement procedures applicable to competitive
bidding (as defined in § 246.2) for infant formula cost containment contracts and supporting
documentation;
(iii) A statement of any limitation on the duration of infant formula cost containment contracts and
supporting documentation;

7 CFR 246.16a(l)(2)(iii) (enhanced display)

page 134 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(l)(2)(iv)

(iv) A statement of any contractual provisions required to be included in infant formula cost
containment contracts by the State agency;
(v) The most recent available average monthly number of infant participants less those infant
participants who are exclusively breastfed and those who are issued exempt infant formula.
The average monthly participation level must be based on at least 6 months of participation
data.
(vi) Infant formula usage rates by type (e.g., milk-based or soy-based), form (e.g., concentrated,
powdered, ready-to-feed), container size, and supporting documentation;
(vii) A statement of the termination date of the State agency's current infant formula cost
containment contract; and
(viii) Any other related information that FNS may request.
(3) If FNS determines that the number of State agencies making the request provided for in paragraph
(l)(2) of this section does not comply with the requirements of paragraph (c)(2) of this section, FNS
shall, in consultation with such State agencies, divide such State agencies into more than one group
and solicit bids for each group. These groups of State agencies are referred to as “bid groups.” In
determining the size and composition of the bid groups, FNS will, to the extent practicable, take into
account the need to maximize the number of potential bidders so as to increase competition among
infant formula manufacturers and the similarities in the State agencies' procurement and contract
requirements (as provided by the State agencies in accordance with paragraphs (l)(2)(ii), (l)(2)(iii),
and (l)(2)(iv) of this section). FNS reserves the right to exclude a State agency from the national bid
solicitation and selection process if FNS determines that the State agency's procurement
requirements or contractual requirements are so dissimilar from those of the other State agencies in
any bid group that the State agency's inclusion in the bid group could adversely affect the bids.
(4) For each bid group formed pursuant to paragraphs (l)(2) and (l)(3) of this section, FNS will use for
soliciting bids the competitive bidding procurement procedures of the State agency in the group with
the highest infant participation. To the extent not inconsistent with the requirements of this
paragraph (l), FNS will use that set of procedures in soliciting the bids for that bid group of State
agencies. FNS will notify each State agency in the bid group of the choice and provide them each a
copy of the procurement procedures of the chosen State agency. Each State agency must provide
FNS a written statement, signed by a responsible State agency official, by certified mail, return
receipt requested or by hand delivery with evidence of receipt stating whether that State agency is
legally authorized to award an infant formula cost containment contract pursuant to that set of
procedures within 10 days of the receipt of the notification. If the State agency determines it is not
legally authorized to award an infant formula cost containment contract pursuant to those
procedures, that State agency may not continue in that round of the national bid solicitation and
selection.
(5) At a minimum, in soliciting bids FNS will address the following:
(i)

Unless FNS determines that doing so would not be in the best interest of the Program, bids will
be solicited for either:
(A) A single contract for each State agency under which the winning bidder will be required to
supply and provide rebates on all infant formulas produced by that manufacturer (except
exempt infant formulas) that are issued by the State agency. If that manufacturer does not

7 CFR 246.16a(l)(5)(i)(A) (enhanced display)

page 135 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(l)(5)(i)(B)

produce a soy-based infant formula, the winning bidder will be required to subcontract
with another manufacturer for a soy-based infant formula and the winning bidder will be
required to pay a rebate on the soy-based infant formula; or
(B) Two separate contracts for each State agency. Under the first contract, the winning bidder
will supply and provide a rebate on all the milk-based infant formulas the winning bidder
produces (except exempt infant formulas) that are issued by the State agency and under
the second contract the winning bidder will supply and provide a rebate on all the soybased infant formulas the winning bidder produces (except exempt infant formulas) that
are issued by the State agency.
(ii) The infant formula cost containment contract(s) to be entered into by the State agencies and
infant formula manufacturers must provide for a constant net price for infant formula for the
full term of the infant formula cost containment contract(s).
(iii) The duration of the infant formula cost containment contracts for each bid group will be
determined by FNS in consultation with the State agencies. The term will be for a period of not
less than 2 years, unless the law applicable to a State agency regarding the duration of infant
formula cost containment contracts is more restrictive than this paragraph (l)(5)(iii). In such
cases, the term of the contract for only that State agency will be for one year, with the option
provided to the State agency to extend the contract for a specified number of additional years
(to be determined by FNS in consultation with the State agency). The date on which the
individual State agencies' current infant formula cost containment contracts terminate may
vary, so the infant formula cost containment contracts awarded by the State agencies within a
bid group may begin on different dates.
(iv) FNS will not prescribe conditions that are prohibited under paragraph (j) of this section.
(v) FNS will solicit bids for rebates only from infant formula manufacturers. FNS may limit
advertising to contacting in writing each infant formula manufacturer which has registered with
the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.).
(6) FNS will select the winning bidder(s). The winning bidder(s) will be the responsive and responsible
bidder(s) meeting the specifications and all bid terms and conditions which offers the lowest net
price weighted to take into account infant formula usage rates and infant participation. In all
instances the winning bidder(s) will be those which singly or in combination yield the greatest
aggregate savings based on the net price weighted to take into account the infant formula usage
rates. To break a tie between 2 equally low bids, FNS will select the bidder to be awarded the infant
formula cost containment contract by a drawing by lot limited to the bidders which submitted those
bids.
(7) Once FNS has conducted bid selection, a State agency may decline to award the infant formula cost
containment contract(s) only if the State agency determines that awarding the contract(s) would not
be in the best interests of its Program, taking into account whether the national bid solicitation and
selection would achieve a lower aggregate savings.
(8) As soon as practicable after selecting the winning bid(s), FNS will notify the affected State agencies
in writing of the bid results, including the name(s) of the winning bidder(s). If a State agency
chooses to request approval to decline to award the infant formula cost containment contract(s) in
accordance with paragraph (l)(7) of this section, it must notify FNS in writing, signed by a
7 CFR 246.16a(l)(8) (enhanced display)

page 136 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.16a(l)(9)

responsible State agency official, together with supporting documentation, by certified mail, return
receipt requested or by hand delivery with evidence of receipt within 10 days of the State agency's
receipt of this notification of bid results.
(9) If FNS approves any State agency's request to decline to award the infant formula cost containment
contract(s) in accordance with paragraphs (l)(7) and (l)(8) of this section, FNS will notify the bidders
of the decision. If two or more State agencies remain in the group, FNS will require the bidders to
indicate in writing whether they wish to withdraw or modify their bids within 5 days of receipt of this
notification. FNS will again permit State agencies to decline to award the infant formula cost
containment contract(s) in accordance with paragraphs (l)(7) and (l)(8) of this section. If FNS
approves these additional State agency requests to decline contract awards, FNS may conduct a
resolicitation of bids in accordance with this paragraph (l).
(m) What are the penalties for disclosing the amount of the bid or discount practices prior to the time bids are
opened? Any person, company, corporation, or other legal entity that submits a bid in response to a bid
solicitation and discloses the amount of the bid, or the rebate or discount practices of such entities, in
advance of the time the bids are opened by the Secretary or the State agency, shall be ineligible to submit
bids to supply infant formula to the program for the bidding in progress for up to 2 years from the date the
bids are opened. In addition, any person, company, corporation, or other legal entity shall be subject to a
civil money penalty as specified in § 3.91(b)(3)(iv) of this title, as determined by the Secretary to provide
restitution to the program for harm done to the program.
(n) What minimum recall-related provisions must be included in infant formula cost containment contracts? A
State agency must include remedies in the event of a recall in their infant formula cost containment
contract to protect against disruption in infant formula supply to participants. The State agency will
determine when remedies take effect and remain in effect, in accordance with applicable Program
requirements and the infant formula cost containment contract. At minimum, recall remedies in the State
agency's infant formula cost containment contract must:
(1) Allow infant formula to be issued in all unit sizes that may exceed the maximum monthly allowance.
The State agency and contracted infant formula manufacturer must prioritize unit sizes that most
closely provide the maximum monthly allowance;
(2) Allow the issuance of non-contract brand infant formulas without medical documentation, with the
exception of participants receiving Food Package III as defined in section 246.10(e)(3) of this Part;
and
(3) When any contract brand infant formula of the contracted manufacturer is the subject of a recall,
require the contracted infant formula manufacturer to:
(i)

Provide the State agency with an action plan, within a timeline established within the contract,
which includes supply data, to meet infant formula demand and limit disruption to Program
participants in the affected jurisdiction(s); and

(ii) Pay rebates on competitive, non-contract brand infant formula that meets the definition of
infant formula at 7 CFR 246.2.
[65 FR 51224, Aug. 23, 2000, as amended at 73 FR 11313, Mar. 3, 2008; 73 FR 21811, Apr. 23, 2008; 76 FR 59889, Sept. 28, 2011;
88 FR 86562, Dec. 14, 2023]

7 CFR 246.16a(n)(3)(ii) (enhanced display)

page 137 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.17

§ 246.17 Closeout procedures.
(a) General. State agencies shall submit preliminary and final closeout reports for each fiscal year. All
obligations shall be liquidated before closure of a fiscal year grant. Obligations shall be reported for the
fiscal year in which they occur.
(b) Fiscal year closeout reports. State agencies—
(1) Shall submit to FNS, within 30 days after the end of the fiscal year, preliminary financial reports which
show cumulative actual expenditures and obligations for the fiscal year, or part thereof, for which
Program funds were made available;
(2) Shall submit to FNS, within 120 days after the end of the fiscal year, final fiscal year closeout reports;
(3) May submit revised closeout reports. FNS will reimburse State agencies for additional costs claimed
in a revised closeout report up to the State's original grant level, if costs are properly justified and if
funds are available for the fiscal year pertaining to the request. FNS will not be responsible for
reimbursing State agencies for unreported expenditures later than one year after the end of the fiscal
year in which they were incurred.
(c) Grant closeout procedures. When grants to State agencies are terminated, the following procedures shall
be performed in accordance with 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR
part 400 and part 415.
(1) FNS may disqualify a State agency's participation under the Program, in whole or in part, or take such
remedies as may be legal and appropriate, whenever FNS determines that the State agency failed to
comply with the conditions prescribed in this part, in its Federal-State Agreement, or in FNS
guidelines and instructions. FNS will promptly notify the State agency in writing of the
disqualification together with the effective date. A State agency shall disqualify a local agency by
written notice whenever it is determined by FNS or the State agency that the local agency has failed
to comply with the requirements of the Program.
(2) FNS or the State agency may disqualify the State agency or restrict its participation in the Program
when both parties agree that continuation under the Program would not produce beneficial results
commensurate with the further expenditure of funds. The State agency or the local agency may
disqualify the local agency or restrict its participation in the Program under the same conditions. The
two parties shall agree upon the conditions of disqualification, including the effective date thereof,
and, in the case of partial disqualification, the portion to be disqualified.
(3) Upon termination of a grant, the affected agency shall not incur new obligations for the disqualified
portion after the effective date, and shall cancel as many outstanding obligations as possible. FNS
will allow full credit to the State agency for the Federal share of the noncancellable obligations
properly incurred by the State agency prior to disqualification, and the State agency shall do the
same for the local agency.
(4) A grant closeout shall not affect the retention period for, or Federal rights of access to, grant records
as specified in § 246.25. The closeout of a grant does not affect the State or local agency's
responsibilities regarding property or with respect to any Program income for which the State or
local agency is still accountable.
(5) A final audit is not a required part of the grant closeout and should not be needed unless there are
problems with the grant that require attention. If FNS considers a final audit to be necessary, it shall
so inform OIG. OIG will be responsible for ensuring that necessary final audits are performed and for
7 CFR 246.17(c)(5) (enhanced display)

page 138 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.18

any necessary coordination with other Federal cognizant audit agencies or the State or local
auditors. Audits performed in accordance with § 246.20 may serve as final audits providing such
audits meet the needs of requesting agencies. If the grant is closed out without the audit, FNS
reserves the right to disallow and recover an appropriate amount after fully considering any
recommended disallowances resulting from an audit which may be conducted later.
[50 FR 6121, Feb. 13, 1985, as amended at 71 FR 56731, Sept. 27, 2006; 81 FR 66494, Sept. 28, 2016; 83 FR 14173, Apr. 3, 2018]

§ 246.18 Administrative review of State agency actions.
(a) Adverse actions subject to administrative reviews —
(1) Vendor appeals —
(i)

Adverse actions subject to full administrative reviews. Except as provided elsewhere in
paragraph (a)(1) of this section, the State agency must provide full administrative reviews to
vendors that appeal the following adverse actions:
(A) Denial of authorization based on the application of the vendor selection criteria for
minimum variety and quantity of authorized supplemental foods (§ 246.12(g)(3)(i)), or on
a determination that the vendor is attempting to circumvent a sanction (§ 246.12(g)(6));
(B) Termination of an agreement for cause;
(C) Disqualification; and
(D) Imposition of a fine or a civil money penalty in lieu of disqualification.

(ii) Adverse actions subject to abbreviated administrative reviews. The State agency must provide
abbreviated administrative reviews to vendors that appeal the following adverse actions, unless
the State agency decides to provide full administrative reviews for any of these types of
adverse actions:
(A) Denial of authorization based on the vendor selection criteria for business integrity or for a
current SNAP disqualification or civil money penalty for hardship (§ 246.12(g)(3)(ii) and
(g)(3)(iii));
(B) Denial of authorization based on the application of the vendor selection criteria for
competitive price (§ 246.12(g)(4));
(C) The application of the State agency's vendor peer group criteria and the criteria used to
identify vendors that are above-50-percent vendors or comparable to above-50-percent
vendors;
(D) Denial of authorization based on a State agency-established vendor selection criterion if
the basis of the denial is a WIC vendor sanction or a SNAP withdrawal of authorization or
disqualification;
(E) Denial of authorization based on the State agency's vendor limiting criteria (§
246.12(g)(2));
(F) Denial of authorization because a vendor submitted its application outside the timeframes
during which applications are being accepted and processed as established by the State
agency under § 246.12(g)(8);
7 CFR 246.18(a)(1)(ii)(F) (enhanced display)

page 139 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.18(a)(1)(ii)(G)

(G) Termination of an agreement because of a change in ownership or location or cessation
of operations (§ 246.12(h)(3)(xvii));
(H) Disqualification based on a trafficking conviction (§ 246.12(l)(1)(i));
(I)

Disqualification based on the imposition of a SNAP civil money penalty for hardship (§
246.12(l)(2)(ii)); and

(J) Disqualification or a civil money penalty imposed in lieu of disqualification based on a
mandatory sanction imposed by another WIC State agency (§ 246.12(l)(2)(iii)).
(K) A civil money penalty imposed in lieu of disqualification based on a SNAP disqualification
under § 246.12(l)(1)(vii) and,
(L) Denial of an application based on a determination of whether an applicant vendor is
currently authorized by SNAP.
(iii) Actions not subject to administrative reviews. The State agency may not provide administrative
reviews pursuant to this section to vendors that appeal the following actions:
(A) The validity or appropriateness of the State agency's vendor limiting criteria (§
246.12(g)(2)) or vendor selection criteria for minimum variety and quantity of
supplemental foods, business integrity, and current Supplemental Nutrition Assistance
Program disqualification or civil money penalty for hardship (§ 246.12(g)(3));
(B) The validity or appropriateness of the State agency's selection criteria for competitive
price (§ 246.12(g)(4)), including, but not limited to, vendor peer group criteria and the
criteria used to identify vendors that are above-50-percent vendors or comparable to
above-50-percent vendors;
(C) The validity or appropriateness of the State agency's participant access criteria and the
State agency's participant access determinations;
(D) The State agency's determination to include or exclude an infant formula manufacturer,
wholesaler, distributor, or retailer from the list required pursuant to § 246.12(g)(11);
(E) The validity or appropriateness of the State agency's prohibition of incentive items and the
State agency's denial of an above-50-percent vendor's request to provide an incentive item
to customers pursuant to § 246.12(h)(8);
(F) The State agency's determination whether to notify a vendor in writing when an
investigation reveals an initial violation for which a pattern of violations must be
established in order to impose a sanction, pursuant to § 246.12(l)(3);
(G) The State agency's determination whether a vendor had an effective policy and program in
effect to prevent trafficking and that the ownership of the vendor was not aware of, did not
approve of, and was not involved in the conduct of the violation (§ 246.12(l)(1)(i)(B));
(H) Denial of authorization if the State agency's vendor authorization is subject to the
procurement procedures applicable to the State agency;
(I)

The expiration of a vendor's agreement;

7 CFR 246.18(a)(1)(iii)(I) (enhanced display)

page 140 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.18(a)(1)(iii)(J)

(J) Disputes regarding food instrument or cash-value voucher payments and vendor claims
(other than the opportunity to justify or correct a vendor overcharge or other error, as
permitted by § 246.12(k)(3); and
(K) Disqualification of a vendor as a result of disqualification from SNAP (§ 246.12(l)(1)(vii)).
(2) Effective date of adverse actions against vendors. The State agency must make denials of
authorization and disqualifications imposed under § 246.12(l)(1)(i) effective on the date of receipt of
the notice of adverse action. The State agency must make all other adverse actions effective no
earlier than 15 days after the date of the notice of the adverse action and no later than 90 days after
the date of the notice of adverse action or, in the case of an adverse action that is subject to
administrative review, no later than the date the vendor receives the review decision.
(3) Local agency appeals —
(i)

Adverse actions subject to full administrative reviews. Except as provided in paragraph (a)(3)(ii)
of this section, the State agency must provide full administrative reviews to local agencies that
appeal the following adverse actions:
(A) Denial of a local agency's application;
(B) Disqualification of a local agency; and
(C) Any other adverse action that affects a local agency's participation.

(ii) Actions not subject to administrative reviews. The State agency may not provide administrative
reviews pursuant to this section to local agencies that appeal the following actions:
(A) Expiration of the local agency's agreement; and
(B) Denial of a local agency's application if the State agency's local agency selection is subject
to the procurement procedures applicable to the State agency;
(iii) Effective date of adverse actions against local agencies. The State agency must make denials of
local agency applications effective immediately. The State agency must make all other adverse
actions effective no earlier than 60 days after the date of the notice of the adverse action and
no later than 90 days after the date of the notice of adverse action or, in the case of an adverse
action that is subject to administrative review, no later than the date the local agency receives
the review decision.
(4) Farmer or farmers' market appeals —
(i)

Adverse actions. The State agency shall provide a hearing procedure whereby farmers or
farmers' markets adversely affected by certain actions of the State agency may appeal those
actions. A farmer or farmers' market may appeal an action of the State agency denying its
application to participate, imposing a sanction, or disqualifying it from participation in the
program. Expiration of an agreement is not subject to appeal.

(ii) Effective date of adverse actions against farmers or farmers' markets. The State agency must
make denials of authorization and disqualifications effective on the date of receipt of the notice
of adverse action. The State agency must make all other adverse actions effective no earlier
than 15 days after the date of the notice of the adverse action and no later than 90 days after
the date of the notice of adverse action or, in the case of an adverse action that is subject to
administrative review, no later than the date the farmer receives the review decision. The State
7 CFR 246.18(a)(4)(ii) (enhanced display)

page 141 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.18(b)

agency must make all other adverse actions effective no earlier than 15 days after the date of
the notice of adverse action and no later than 90 days after the date of the notice of adverse
action or, in the case of an adverse action that is subject to an administrative review, no later
than the date the farmer or farmers' market receives the review decision.
(b) Full administrative review procedures. The State agency must develop procedures for a full administrative
review of the adverse actions listed in paragraphs (a)(1)(i), (a)(3) and (a)(4) of this section. At a minimum,
these procedures must provide the vendor, farmer or farmers' market or local agency with the following:
(1) Written notification of the adverse action, the procedures to follow to obtain a full administrative
review and the cause(s) for and the effective date of the action. When a vendor is disqualified due in
whole or in part to violations in § 246.12(l)(1), such notification must include the following
statement: “This disqualification from WIC may result in disqualification as a retailer in SNAP. Such
disqualification is not subject to administrative or judicial review under SNAP.”
(2) The opportunity to appeal the adverse action within a time period specified by the State agency in its
notification of adverse action.
(3) Adequate advance notice of the time and place of the administrative review to provide all parties
involved sufficient time to prepare for the review.
(4) The opportunity to present its case and at least one opportunity to reschedule the administrative
review date upon specific request. The State agency may set standards on how many review dates
can be scheduled, provided that a minimum of two review dates is allowed.
(5) The opportunity to cross-examine adverse witnesses. When necessary to protect the identity of WIC
Program investigators, such examination may be conducted behind a protective screen or other
device (also referred to as an “in camera” examination).
(6) The opportunity to be represented by counsel.
(7) The opportunity to examine prior to the review the evidence upon which the State agency's action is
based.
(8) An impartial decision-maker, whose determination is based solely on whether the State agency has
correctly applied Federal and State statutes, regulations, policies, and procedures governing the
Program, according to the evidence presented at the review. The State agency may appoint a
reviewing official, such as a chief hearing officer or judicial officer, to review appeal decisions to
ensure that they conform to approved policies and procedures.
(9) Written notification of the review decision, including the basis for the decision, within 90 days from
the date of receipt of the request for an administrative review from a vendor, farmer, or farmer's
market, and within 60 days from the date of receipt of a local agency's request for an administrative
review. These timeframes are only administrative requirements for the State agency and do not
provide a basis for overturning the State agency's adverse action if a decision is not made within the
specified timeframe.
(c) Abbreviated administrative review procedures. Except when the State agency decides to provide full
administrative reviews for the adverse actions listed in paragraph (a)(1)(ii) of this section, the State
agency must develop procedures for an abbreviated administrative review of the adverse actions listed in
paragraph (a)(1)(ii) of this section. At a minimum, these procedures must provide the vendor, farmer, or
farmers' market with the following:

7 CFR 246.18(c) (enhanced display)

page 142 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.18(c)(1)

(1) Written notification of the adverse action, the procedures to follow to obtain an abbreviated
administrative review, the cause(s) for and the effective date of the action, and an opportunity to
provide a written response; and
(2) A decision-maker who is someone other than the person who rendered the initial decision on the
action and whose determination is based solely on whether the State agency has correctly applied
Federal and State statutes, regulations, policies, and procedures governing the Program, according
to the information provided to the vendor, farmer, or farmers' market concerning the cause(s) for the
adverse action and the response from the vendor, farmer, or farmers' market.
(3) Written notification of the review decision, including the basis for the decision, within 90 days of the
date of receipt of the request for an administrative review. This timeframe is only an administrative
requirement for the State agency and does not provide a basis for overturning the State agency's
adverse action if a decision is not made within the specified timeframe.
(d) Continuing responsibilities. Appealing an action does not relieve a local agency, farmer or farmers' market
or vendor that is permitted to continue program operations while its appeal is in process from the
responsibility of continued compliance with the terms of any written agreement with the State agency.
(e) Finality and effective date of decisions. The State agency procedures must provide that review decisions
rendered under both the full and abbreviated review procedures are the final State agency action. If the
adverse action under review has not already taken effect, the State agency must make the action effective
on the date of receipt of the review decision by the vendor, farmer or farmers' market or local agency.
(f) Judicial review. If the review decision upholds the adverse action against the vendor, farmer or farmers'
market or local agency, the State agency must inform the vendor, farmer or farmers' market or local
agency that it may be able to pursue judicial review of the decision.
[65 FR 83266, Dec. 29, 2000, as amended at 70 FR 71724, Nov. 29, 2005; 73 FR 68998, Dec. 6, 2007; 73 FR 21811, Apr. 23, 2008; 74
FR 557, Jan. 6, 2009; 74 FR 51759, Oct. 8, 2009; 79 FR 12300, Mar. 4, 2014]

Subpart F—Monitoring and Review
§ 246.19 Management evaluation and monitoring reviews.
(a) Management evaluations and reviews.
(1) FNS and each State agency shall establish a management evaluation system in order to assess the
accomplishment of Program objectives as provided under this part, FNS guidelines, instructions, and
the Federal-State agreement with the Department. FNS will provide assistance to States in
discharging this responsibility, establish standards and procedures to determine how well the
objectives of this part are being accomplished, and implement sanction procedures as warranted by
State Program performance.
(2) The State agency must submit a corrective action plan, including implementation timeframes, within
60 days of receipt of an FNS management evaluation report containing a finding that the State
agency did not comply with program requirements. If FNS determines through a management
evaluation or other means that during a fiscal year the State agency has failed, without good cause,
to demonstrate efficient and effective administration of its program, or has failed to comply with its
corrective action plan, or any other requirements contained in this part or the State Plan, FNS may
withhold an amount up to 100 percent of the State agency's nutrition services and administration
funds for that year.
7 CFR 246.19(a)(2) (enhanced display)

page 143 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.19(a)(3)

(3) Sanctions imposed upon a State agency by FNS in accordance with this section (but not claims for
repayment assessed against a State agency) may be appealed in accordance with the procedures
established in § 246.22. Before carrying out any sanction against a State agency, the following
procedures will be followed:
(i)

FNS will notify the Chief State Health Officer or equivalent in writing of the deficiencies found
and of FNS' intention to withhold nutrition services and administration funds unless an
acceptable corrective action plan is submitted by the State agency to FNS within 60 days after
mailing of notification.

(ii) The State agency shall develop a corrective action plan with a schedule according to which the
State agency shall accomplish various actions to correct the deficiencies and prevent their
future recurrence.
(iii) If the corrective action plan is acceptable, FNS will notify the Chief State Health Officer or
equivalent in writing within 30 days of receipt of the plan. The letter approving the corrective
action plan will describe the technical assistance that is available to the State agency to correct
the deficiencies. The letter will also advise the Chief State Health Officer or equivalent of the
sanctions to be imposed if the corrective action plan is not implemented according to the
schedule set forth in the approved plan.
(iv) Upon notification from the State agency that corrective action as been taken, FNS will assess
such action, and, if necessary, will perform a follow-up review to determine if the noted
deficiencies have been corrected. FNS will then advise the State agency of whether the actions
taken are in compliance with the corrective action plan, and whether the deficiency is resolved
or further corrective action is needed.
(v) If an acceptable corrective action plan is not submitted within 60 days, or if corrective action is
not completed according to the schedule established in the corrective action plan, FNS may
withhold nutrition services and administration funds through a reduction of the State agency
Letter of Credit or by assessing a claim against the State agency. FNS will notify the Chief State
Health Officer or equivalent of this action.
(vi) If compliance is achieved before the end of the fiscal year in which the nutrition services and
administration funds are withheld, the funds withheld shall be restored to the State agency's
Letter of Credit. FNS is not required to restore funds withheld if compliance is not achieved until
the subsequent fiscal year. If the 60-day warning period ends in the fourth quarter of a fiscal
year, FNS may elect not to withhold funds until the next fiscal year.
(b) State agency responsibilities.
(1) The State agency shall establish an on-going management evaluation system which includes at least
the monitoring of local agency operations, the review of local agency financial and participation
reports, the development of corrective action plans to resolve Program deficiencies, the monitoring
of the implementation of corrective action plans, and on-site visits. The results of such actions shall
be documented.
(2) Monitoring of local agencies must encompass evaluation of management, certification, nutrition
education, breastfeeding promotion and support, participant services, civil rights compliance,
accountability, financial management systems, and food delivery systems. If the State agency
delegates the signing of vendor agreements, vendor training, or vendor monitoring to a local agency,
it must evaluate the local agency's effectiveness in carrying out these responsibilities.
7 CFR 246.19(b)(2) (enhanced display)

page 144 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.19(b)(3)

(3) The State agency shall conduct monitoring reviews of each local agency at least once every two
years. Such reviews shall include on-site reviews of a minimum of 20 percent of the clinics in each
local agency or one clinic, whichever is greater. The State agency may conduct such additional onsite reviews as the State agency determines to be necessary in the interest of the efficiency and
effectiveness of the program.
(4) The State agency must promptly notify a local agency of any finding in a monitoring review that the
local agency did not comply with program requirements. The State agency must require the local
agency to submit a corrective action plan, including implementation timeframes, within 60 days of
receipt of a State agency report of a monitoring review containing a finding of program
noncompliance. The State agency must monitor local agency implementation of corrective action
plans.
(5) As part of the regular monitoring reviews, FNS may require the State agency to conduct in-depth
reviews of specified areas of local agency operations, to implement a standard form or protocol for
such reviews, and to report the results to FNS. No more than two such areas will be stipulated by
FNS for any fiscal year and the areas will not be added or changed more often than once every two
fiscal years. These areas will be announced by FNS at least six months before the beginning of the
fiscal year.
(6) The State agency shall require local agencies to establish management evaluation systems to review
their operations and those of associated clinics or contractors.
[50 FR 6121, Feb. 13, 1985, as amended at 59 FR 11508, Mar. 11, 1994; 76 FR 59890, Sept. 28, 2011]

§ 246.20 Audits.
(a) Federal audit responsibilities.
(1) OIG reserves the right to perform audits of State and local agencies and other organizations involved
in the Program as determined by OIG to be necessary. In performing such audits, OIG will rely to the
extent feasible on audit work performed by other Federal and non-Federal auditors.
(2) The State agency may take exception to particular audit findings and recommendations. The State
agency shall submit a response or statement to FNS as to the action taken or a proposed corrective
action plan regarding the findings. A proposed corrective action plan developed and submitted by
the State agency shall include specific timeframes for its implementation and for completion of
correction of deficiencies and their causes.
(3) FNS will determine whether Program deficiencies have been adequately corrected. If additional
corrective action is necessary, FNS shall schedule a follow-up review, allowing a reasonable time for
such corrective action to be taken.
(b) State audit responsibilities.
(1) State agencies must obtain annual audits in accordance with 2 CFR part 200, subpart F, and
appendix XI, Compliance Supplement, and USDA implanting regulations 2 CFR parts 400 and 415. In
addition, States must require local agencies under their jurisdiction to obtain audits in accordance
with 2 CFR part 200, subpart F, and appendix XI, Compliance Supplement, and USDA implementing
regulations 2 CFR parts 400 and 415.

7 CFR 246.20(b)(1) (enhanced display)

page 145 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.20(b)(2)

(2) Each State agency shall make all State or local agency sponsored audit reports of Program
operations under its jurisdiction available for the Department's review upon request. The cost of
these audits shall be considered a part of nutrition services and administration costs and may be
funded from the State or local agency nutrition services and administration funds, as appropriate.
For purposes of determining the Program's pro rata share of indirect costs associated with
organization-wide audits, the cost of food shall not be considered in the total dollar amount of the
Program.
[50 FR 6121, Feb. 13, 1985, as amended at 71 FR 56731, Sept. 27, 2006; 81 FR 66494, Sept. 28, 2016; 83 FR 14173, Apr. 3, 2018]

§ 246.21 Investigations.
(a) Authority. The Department may make an investigation of any allegation of noncompliance with this part
and FNS guidelines and instructions. The investigation may include, where appropriate, a review of
pertinent practices and policies of any State or local agency, the circumstances under which the possible
noncompliance with this part occurred, and other factors relevant to a determination as to whether the
State or local agency has failed to comply with the requirements of this part.
(b) Confidentiality. No State or local agency, participant, or other person shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with any right or privilege under this part
because that person has made a complaint or formal allegation, or has testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing under this part. The identity of every
complainant shall be kept confidential except to the extent necessary to carry out the purposes of this
part, including the conducting of any investigation, hearing, or judicial proceeding.

Subpart G—Miscellaneous Provisions
§ 246.22 Administrative appeal of FNS decisions.
(a) Right to appeal. When FNS asserts a sanction against a State agency under the provisions of § 246.19, the
State agency may appeal and must be afforded a hearing or review by an FNS Administrative Review
Officer. The right of appeal shall not apply to claims for repayment assessed by FNS against the State
agency under § 246.23(a). A State agency shall have the option of requesting a hearing to present its
position or a review of pertinent documents and records including any additional written submission
prepared by the State agency.
(1) FNS will send a written notice by Certified Mail-Return Receipt Requested to the state agency or
otherwise ensure receipt of such notice by the agency when asserting a sanction against a State
agency as specified in § 246.19(a).
(2) A State agency aggrieved by a sanction asserted against it may file a written request with the
Director, Administrative Review Division, U.S. Department of Agriculture, Food and Nutrition Service,
3101 Park Center Drive, Alexandria, Va. 22302, for a hearing or a review of the record. Such request
shall be sent by Certified Mail-Return Receipt Requested and postmarked within 30 days of the date
of receipt of the sanction notice. The envelope containing the request shall be prominently marked
“REQUEST FOR REVIEW OR HEARING.” The request shall clearly identify the specific FNS sanction(s)
being appealed and shall include a photocopy of the FNS notice of sanction. If the State agency
does not request a review of hearing within 30 days of receipt of the notice, the administrative
decision on the sanctions will be considered final.

7 CFR 246.22(a)(2) (enhanced display)

page 146 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.22(b)

(b) Acknowledgment of request. Within 15 days of receipt by the Director of the Administrative Review
Division of a request for review or hearing, the Director will provide the State agency with a written
acknowledgment of the request.
(1) The acknowledgment will include the name and address of the FNS Administrative Review Officer to
review the sanction;
(2) The acknowledgment will also notify the State agency that within 30 days of the receipt of the
acknowledgment, the State agency shall submit three sets of the following information to the
Administrative Review Officer—
(i)

A clear, concise identification of the issue(s) in dispute;

(ii) The State agency's position with respect to the issue(s) in dispute;
(iii) The pertinent facts and reasons in support of the State agency's position with respect to the
issue(s) in dispute and a copy of the specific sanction notice provided by FNS;
(iv) All pertinent documents, correspondence and records which the State agency believes are
relevant and helpful toward a more thorough understanding of the issue(s) in dispute;
(v) The relief sought by the State agency;
(vi) The identity of the person(s) presenting the State agency's position when a hearing is involved;
and
(vii) A list of prospective State agency witnesses when a hearing is involved.
(c) FNS action.
(1) When a hearing is requested pursuant to this section, the Administrative Review Officer will, within 60
days after receipt of the State agency's information, schedule and conduct the hearing. The State
agency will be advised of the time, date and location of the hearing at least 10 days in advance.
(2) When a hearing is requested, the FNS Administrative Review Officer will make a final determination
within 30 days after the hearing, and the final determination will take effect upon delivery of the
written notice of this final decision to the State agency.
(3) When a review is requested, the FNS Administrative Review Officer will review information presented
by a State agency and will make a final determination within 30 days after receipt of that
information. The final determination will take effect upon delivery of the written notice of this final
decision to the State agency.

§ 246.23 Claims and penalties.
(a) Claims against State agencies.
(1) If FNS determines through a review of the State agency's reports, program or financial analysis,
monitoring, audit, or otherwise, that any Program funds provided to a State agency for supplemental
foods or nutrition services and administration purposes were, through State or local agency
negligence or fraud, misused or otherwise diverted from Program purposes, a formal claim will be
assessed by FNS against the State agency. The State agency shall pay promptly to FNS a sum equal
to the amount of the nutrition services and administration funds or the value of supplemental foods
food instruments, or cash-value vouchers so misused or diverted.

7 CFR 246.23(a)(1) (enhanced display)

page 147 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.23(a)(2)

(2) If FNS determines that any part of the Program funds received by a State agency; or supplemental
foods, either purchased or donated commodities; or food instruments or cash-value vouchers, were
lost as a result of thefts, embezzlements, or unexplained causes, the State agency shall, on demand
by FNS, pay to FNS a sum equal to the amount of the money or the value of the supplemental foods,
food instruments, or cash-value vouchers so lost.
(3) The State agency shall have full opportunity to submit evidence, explanation or information
concerning alleged instances of noncompliance or diversion before a final determination is made in
such cases.
(4) FNS will establish a claim against any State agency that has not accounted for the disposition of all
redeemed food instruments and cash-value vouchers and taken appropriate follow-up action on all
redeemed food instruments and cash-value vouchers that cannot be matched against valid
enrollment and issuance records, including cases that may involve fraud, unless the State agency
has demonstrated to the satisfaction of FNS that it has:
(i)

Made every reasonable effort to comply with this requirement;

(ii) Identified the reasons for its inability to account for the disposition of each redeemed food
instrument or cash-value voucher; and
(iii) Provided assurances that, to the extent considered necessary by FNS, it will take appropriate
actions to improve its procedures.
(b) Interest charge on claims against State agencies. If an agreement cannot be reached with the State agency
for payment of its debts or for offset of debts on its current Letter of Credit within 30 days from the date
of the first demand letter from FNS, FNS will assess an interest (late) charge against the State agency.
Interest accrual shall begin on the 31st day after the date of the first demand letter, bill or claim, and shall
be computed monthly on any unpaid balance as long as the debt exists. From a source other than the
Program, the State agency shall provide the funds necessary to maintain Program operations at the grant
level authorized by FNS.
(c) Claims —
(1) Claims against participants.
(i)

Procedures. If the State agency determines that program benefits have been obtained or
disposed of improperly as the result of a participant violation, the State agency must establish
a claim against the participant for the full value of such benefits. For all claims, the State
agency must issue a letter demanding repayment. If full restitution is not made or a repayment
schedule is not agreed on within 30 days of receipt of the letter, the State agency must take
additional collection actions until restitution is made or a repayment schedule is agreed on,
unless the State agency determines that further collection actions would not be cost-effective.
The State agency must establish standards, based on a cost benefit analysis, for determining
when collection actions are no longer cost-effective. At the time the State agency issues the
demand letter, the State agency must advise the participant of the procedures to follow to
obtain a fair hearing pursuant to § 246.9 and that failure to pay the claim may result in
disqualification. In addition to establishing a claim, the State agency must determine whether
disqualification is required by § 246.12(u)(2).

7 CFR 246.23(c)(1)(i) (enhanced display)

page 148 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.23(c)(1)(ii)

(ii) Types of restitution. In lieu of financial restitution, the State agency may allow participants or
parents or caretakers of infant or child participants for whom financial restitution would cause
undue hardship to provide restitution by performing in-kind services determined by the State
agency. Restitution may not include offsetting the claim against future program benefits, even if
agreed to by the participant or the parent or caretaker of an infant or child participant.
(iii) Disposition of claims. The State agency must document the disposition of all participant claims.
(2) Claims against the State agency. FNS will assert a claim against the State agency for losses resulting
from program funds improperly spent as a result of dual participation, if FNS determines that the
State agency has not complied with the requirements in § 246.7(l)(1).
(3) Delegation of claims responsibility. The State agency may delegate to its local agencies the
responsibility for collecting participant claims.
(d) Penalties. In accordance with section 12(g) of the National School Lunch Act, whoever embezzles, willfully
misapplies, steals or obtains by fraud any funds, assets or property provided under section 17 of the Child
Nutrition Act of 1966, as amended, whether received directly or indirectly from USDA, or whoever receives,
conceals or retains such funds, assets or property for his or her own interest, knowing such funds, assets
or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such funds,
assets or property are of the value of $100 or more, be fined not more than $25,000 or imprisoned not
more than five years, or both, or if such funds, assets or property are of a value of less than $100, shall be
fined not more than $1,000 or imprisoned for not more than one year, or both.
[50 FR 6121, Feb. 13, 1985, as amended at 52 FR 21238, June 4, 1987; 65 FR 83288, Dec. 29, 2000; 71 FR 56731, Sept. 27, 2006;
72 FR 68998, Dec. 6, 2007; 79 FR 12300, Mar. 4, 2014]

§ 246.24 Procurement and property management.
(a) Requirements. State and local agencies shall ensure that subgrantees comply with the requirements for
the nonprocurement debarment/suspension requirements and, if applicable, the lobbying restrictions as
required in 2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension,
2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415, and part 417
concerning the procurement and allowability of food in bulk lots, supplies, equipment and other services
with Program funds. These requirements are adopted to ensure that such materials and services are
obtained for the Program in an effective manner and in compliance with the provisions of applicable law
and executive orders.
(b) Contractual responsibilities. The standards contained in A-130 and 2 CFR part 200, subpart D and
Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA
implementing regulations 2 CFR part 400 and part 415 do not relieve the State or local agency of the
responsibilities arising under its contracts. The State agency is the responsible authority, without recourse
to FNS, regarding the settlement and satisfaction of all contractual and administrative issues arising out
of procurements entered into in connection with the Program. This includes, but is not limited to, disputes,
claims, protests of award, source evaluation, or other matters of a contractual nature. Matters concerning
violation of law are to be referred to such local, State or Federal authority as may have proper jurisdiction.

7 CFR 246.24(b) (enhanced display)

page 149 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.24(c)

(c) State regulations. The State or local agency may use its own procurement regulations which reflect
applicable State and local regulations, provided that procurements made with Program funds adhere to
the standards set forth in A-130 and 2 CFR part 200, subpart D and Appendix II, Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400
and part 415.
(d) Property acquired with Program funds. State and local agencies shall observe the standards prescribed in
2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415 in their
utilization and disposition of real property and equipment, including automated data processing
equipment, acquired in whole or in part with Program funds.
[50 FR 6121, Feb. 13, 1985, as amended at 59 FR 11508, Mar. 11, 1994; 81 FR 66494, 66495, Sept. 28, 2016]

§ 246.25 Records and reports.
(a) Recordkeeping requirements. Each State and local agency shall maintain full and complete records
concerning Program operations. Such records shall comply with 2 CFR part 200, subpart D and USDA
implementing regulations 2 CFR part 400 and part 415 and the following requirements:
(1) Records shall include, but not be limited to, information pertaining to financial operations, food
delivery systems, food instrument issuance and redemption, equipment purchases and inventory,
certification, nutrition education, including breastfeeding promotion and support, civil rights and fair
hearing procedures.
(2) All records shall be retained for a minimum of three years following the date of submission of the
final expenditure report for the period to which the report pertains. If any litigation, claim, negotiation,
audit or other action involving the records has been started before the end of the three-year period,
the records shall be kept until all issues are resolved, or until the end of the regular three-year period,
whichever is later. If FNS deems any of the Program records to be of historical interest, it may require
the State or local agency to forward such records to FNS whenever either agency is disposing of
them.
(3) Records for nonexpendable property acquired in whole or in part with Program funds shall be
retained for three years after its final disposition.
(4) All records shall be available during normal business hours for representatives of the Department
and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other
documents resulting from the examination of such records that are publicly released may not
include confidential applicant or participant information.
(b) Financial and participation reports —
(1) Monthly reports.
(i)

State agencies must submit financial and program performance data on a monthly basis, as
specified by FNS, to support program management and funding decisions. Such information
must include, but may not be limited to:
(A) Actual and projected participation;
(B) Actual and projected food funds expenditures;
(C) Actual and projected rebate payments received from manufacturers.

7 CFR 246.25(b)(1)(i)(C) (enhanced display)

page 150 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.25(b)(1)(i)(D)

(D) A listing by source year of food and NSA funds available for expenditure; and,
(E) NSA expenditures and unliquidated obligations.
(ii) State agencies must require local agencies to report such financial and participation
information as is necessary for the efficient management of food and NSA funds expenditures.
(2) Annual reports.
(i)

Every year, State agencies must report to FNS the average number of migrant farmworker
household members participating in the Program during a 12-month period of time specified by
FNS.

(ii) State agencies must submit itemized NSA expenditure reports annually as an addendum to
their WIC Program closeout reports, as required by § 246.17(b)(2).
(iii) The State agency must submit local agency breastfeeding participation data on an annual basis
to FNS.
(3) Biennial reports.
(i)

Participant characteristics report. State and local agencies must provide such information as
may be required by FNS to provide a biennial participant characteristics report. This includes, at
a minimum, information on income and nutritional risk characteristics of participants,
information on breastfeeding incidence and duration, and participation in the Program by
category (i.e., pregnant, breastfeeding and postpartum women, infants and children) within
each priority level (as established in § 246.7(e)(4)) and by migrant farmworker households.

(ii) Civil rights report. Racial and ethnic participation data contained in the biennial participant
characteristics report will also be used to fulfill civil rights reporting requirements.
(c) Other reports. State agencies must submit reports to reflect additions and deletions of local agencies
administering the WIC Program and local agency address changes as these events occur.
(d) Source documentation. To be acceptable for audit purposes, all financial and Program performance
reports shall be traceable to source documentation.
(e) Certification of reports. Financial and Program reports shall be certified as to their completeness and
accuracy by the person given that responsibility by the State agency.
(f) Use of reports. FNS will use State agency reports to measure progress in achieving objectives set forth in
the State Plan, and this part, or other State agency performance plans. If it is determined, through review
of State agency reports, Program or financial analysis, or an audit, that a State agency is not meeting the
objectives set forth in its State Plan, FNS may request additional information including, but not limited to,
reasons for failure to achieve its objectives.
(g) Extension of reporting deadline. FNS may extend the due date for any Financial and Participation Report
upon receiving a justified request from the State agency. The State agency should not wait until the due
date if an extension is to be requested, but should submit the request as soon as the need is known.
Failure by a State agency to submit a report by its due date may result in appropriate enforcement actions
by FNS in accordance with § 246.19(a)(2), including withholding of further grant payments, suspension or
termination of the grant.

7 CFR 246.25(g) (enhanced display)

page 151 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.26

[50 FR 6121, Feb. 13, 1985, as amended at 52 FR 21238, June 4, 1987; 53 FR 15653, May 3, 1988; 59 FR 11508, Mar. 11, 1994; 65
FR 53528, Sept. 5, 2000; 71 FR 56731, Sept. 27, 2006; 72 FR 24183, May 2, 2007; 76 FR 59890, Sept. 27, 2011; 81 FR 66494, Sept.
28, 2016]

§ 246.26 Other provisions.
(a) No aid reduction. The value of benefits or assistance available under the Program shall not be considered
as income or resources of participants or their families for any purpose under Federal, State, or local laws,
including, but not limited to, laws relating to taxation, welfare and public assistance programs.
(b) Statistical information. FNS reserves the right to use information obtained under the Program in a
summary, statistical or other form which does not identify particular individuals.
(c) Medical information. FNS may require the State or local agencies to supply medical data and other
information collected under the Program in a form that does not identify particular individuals, to enable
the Secretary or the State agencies to evaluate the effect of food intervention upon low-income
individuals determined to be at nutritional risk.
(d) Confidentiality of applicant and participant information —
(1) WIC purposes.
(i)

Confidential applicant and participant information is any information about an applicant or
participant, whether it is obtained from the applicant or participant, another source, or
generated as a result of WIC application, certification, or participation, that individually
identifies an applicant or participant and/or family member(s). Applicant or participant
information is confidential, regardless of the original source and exclusive of previously
applicable confidentiality provided in accordance with other Federal, State or local law.

(ii) Except as otherwise permitted by this section, the State agency must restrict the use and
disclosure of confidential applicant and participant information to persons directly connected
with the administration or enforcement of the WIC Program whom the State agency determine
have a need to know the information for WIC Program purposes. These persons may include,
but are not limited to: personnel from its local agencies and other WIC State or local agencies;
persons under contract with the State agency to perform research regarding the WIC Program,
and persons investigating or prosecuting WIC Program violations under Federal, State or local
law.
(2) Non-WIC purposes.
(i)

Use by WIC State and local agencies. Any WIC State or local agency may use confidential
applicant and participant information in the administration of its other programs that serve
persons eligible for the WIC Program in accordance with paragraph (h) of this section.

(ii) Disclosure to public organizations. The State agency and its local agencies may disclose
confidential applicant and participant information to public organizations for use in the
administration of their programs that serve persons eligible for the WIC Program in accordance
with paragraph (h) of this section.
(3) Child abuse and neglect reporting. Staff of the State agency and its local agencies who are required
by State law to report known or suspected child abuse or neglect may disclose confidential applicant
and participant information without the consent of the participant or applicant to the extent
necessary to comply with such law.
7 CFR 246.26(d)(3) (enhanced display)

page 152 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.26(d)(4)

(4) Release forms. Except in the case of subpoenas or search warrants (see paragraph (i) of this
section), the State agency and its local agencies may disclose confidential applicant and participant
information to individuals or entities not listed in this section only if the affected applicant or
participant signs a release form authorizing the disclosure and specifying the parties to which the
information may be disclosed. The State or local agency must permit applicants and participants to
refuse to sign the release form and must notify the applicants and participants that signing the form
is not a condition of eligibility and refusing to sign the form will not affect the applicant's or
participant's application or participation in the WIC Program. Release forms authorizing disclosure to
private physicians or other health care providers may be included as part of the WIC application or
certification process. All other requests for applicants or participants to sign voluntary release forms
must occur after the application and certification process is completed.
(5) Access to information by applicants and participants. The State or local agency must provide
applicants and participants access to all information they have provided to the WIC Program. In the
case of an applicant or participant who is an infant or child, the access may be provided to the
parent or guardian of the infant or child, assuming that any issues regarding custody or guardianship
have been settled. However, the State or local agency need not provide the applicant or participant
(or the parent or guardian of an infant or child) access to any other information in the file or record
such as documentation of income provided by third parties and staff assessments of the
participant's condition or behavior, unless required by Federal, State, or local law or policy or unless
the information supports a State or local agency decision being appealed pursuant to § 246.9.
(e) Confidentiality of vendor information. Confidential vendor information is any information about a vendor
(whether it is obtained from the vendor or another source) that individually identifies the vendor, except
for vendor's name, address, telephone number, Web site/e-mail address, store type, and authorization
status. Except as otherwise permitted by this section, the State agency must restrict the use or disclosure
of confidential vendor information to:
(1) Persons directly connected with the administration or enforcement of the WIC Program or SNAP who
the State agency determines have a need to know the information for purposes of these programs.
These persons may include personnel from its local agencies and other WIC State and local
agencies and persons investigating or prosecuting WIC or SNAP violations under Federal, State, or
local law;
(2) Persons directly connected with the administration or enforcement of any Federal or State law or
local law or ordinance. Prior to releasing the information to one of these parties (other than a Federal
agency), the State agency must enter into a written agreement with the requesting party specifying
that such information may not be used or redisclosed except for purposes directly connected to the
administration or enforcement of a Federal, or State law; and
(3) A vendor that is subject to an adverse action, including a claim, to the extent that the confidential
information concerns the vendor subject to the adverse action and is related to the adverse action.
(4) At the discretion of the State agency, all authorized vendors and vendor applicants regarding vendor
sanctions which have been imposed, identifying only the vendor's name, address, length of the
disqualification or amount of the civil money penalty, and a summary of the reason(s) for such
sanction provided in the notice of adverse action. Such information may be disclosed only following
the exhaustion of all administrative and judicial review, in which the State agency has prevailed,
regarding the sanction imposed on the subject vendor, or the time period for requesting such review
has expired.
7 CFR 246.26(e)(4) (enhanced display)

page 153 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.26(f)

(f) Confidentiality of SNAP retailer information. Except as otherwise provided in this section, the State agency
must restrict the use or disclosure of information about SNAP retailers obtained from SNAP, including
information provided pursuant to Section 9(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(c))
and § 278.1(q) of this chapter, to persons directly connected with the administration or enforcement of
the WIC Program.
(g) USDA and the Comptroller General. The State agency must provide the Department and the Comptroller
General of the United States access to all WIC Program records, including confidential vendor, applicant
and participant information, pursuant to § 246.25(a)(4).
(h) Requirements for use and disclosure of confidential applicant and participant information for non-WIC
purposes. The State or local agency must take the following steps before using or disclosing confidential
applicant or participant information for non-WIC purposes pursuant to paragraph (d)(2) of this section.
(1) Designation by chief State health officer. The chief State health officer (or, in the case of an Indian
State agency, the governing authority) must designate in writing the permitted non-WIC uses of the
information and the names of the organizations to which such information may be disclosed.
(2) Notice to applicants and participants. The applicant or participant must be notified either at the time
of application (in accordance with § 246.7(i)(11)) or through a subsequent notice that the chief State
health officer (or, in the case of an Indian State agency, the governing authority) may authorize the
use and disclosure of information about their participation in the WIC Program for non-WIC
purposes. This statement must also indicate that such information will be used by State and local
WIC agencies and public organizations only in the administration of their programs that serve
persons eligible for the WIC Program.
(3) Written agreement and State plan. The State or local agency disclosing the information must enter
into a written agreement with the other public organization or, in the case of a non-WIC use by a
State or local WIC agency, the unit of the State or local agency that will be using the information. The
State agency must also include in its State plan, as specified in § 246.4(a)(24), a list of all
organizations (including units of the State agency or local agencies) with which the State agency or
its local agencies has executed or intends to execute a written agreement. The written agreement
must:
(i)

Specify that the receiving organization may use the confidential applicant and participant
information only for:
(A) Establishing the eligibility of WIC applicants or participants for the programs that the
organization administers;
(B) Conducting outreach to WIC applicants and participants for such programs;
(C) Enhancing the health, education, or well-being of WIC applicants or participants who are
currently enrolled in such programs, including the reporting of known or suspected child
abuse or neglect that is not otherwise required by State law;
(D) Streamlining administrative procedures in order to minimize burdens on staff, applicants,
or participants in either the receiving program or the WIC Program; and/or
(E) Assessing and evaluating the responsiveness of a State's health system to participants'
health care needs and health care outcomes; and

7 CFR 246.26(h)(3)(i)(E) (enhanced display)

page 154 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.26(h)(3)(ii)

(ii) Contain the receiving organization's assurance that it will not use the information for any other
purpose or disclose the information to a third party.
(i)

Subpoenas and search warrants. The State agency may disclose confidential applicant, participant, or
vendor information pursuant to a valid subpoena or search warrant in accordance with the following
procedures:
(1) Subpoena procedures. In determining how to respond to a subpoena duces tecum (i.e., a subpoena
for documents) or other subpoena for confidential information, the State or local agency must use
the following procedures:
(i)

Upon receiving the subpoena, immediately notify its State agency;

(ii) Consult with legal counsel for the State or local agency and determine whether the information
requested is in fact confidential and prohibited by this section from being used or disclosed as
stated in the subpoena;
(iii) If the State or local agency determines that the information is confidential and prohibited from
being used or disclosed as stated in the subpoena, attempt to quash the subpoena unless the
State or local agency determines that disclosing the confidential information is in the best
interest of the Program. The determination to disclose confidential information without
attempting to quash the subpoena should be made only infrequently; and,
(iv) If the State or local agency seeks to quash the subpoena or decides that disclosing the
confidential information is in the best interest of the Program, inform the court or the receiving
party that this information is confidential and seek to limit the disclosure by:
(A) Providing only the specific information requested in the subpoena and no other
information; and,
(B) Limiting to the greatest extent possible the public access to the confidential information
disclosed.
(2) Search warrant procedures. In responding to a search warrant for confidential information, the State
or local agency must use the following procedures:
(i)

Upon receiving the search warrant, immediately notify its State agency;

(ii) Immediately notify legal counsel for the State or local agency;
(iii) Comply with the search warrant; and,
(iv) Inform the individual(s) serving the search warrant that the information being sought is
confidential and seek to limit the disclosure by:
(A) Providing only the specific information requested in the search warrant and no other
information; and
(B) Limiting to the greatest extent possible the public access to the confidential information
disclosed.
(j)

Data collection related to local agencies.
(1) Each State agency must collect data related to local agencies that have an agreement with the State
agency to participate in the program for each of Federal fiscal years 2006 through 2009, including
those local agencies that participated only for part of the fiscal year. Such data shall include:

7 CFR 246.26(j)(1) (enhanced display)

page 155 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

(i)

7 CFR 246.26(j)(1)(i)

The name of each local agency;

(ii) The city in which each local agency was headquartered and the name of the state;
(iii) The amount of funds provided to the participating organization, i.e., the amount of federal funds
provided for nutrition services and administration to each participating local agency; and
(iv) The type of participating organization, e.g., government agency, educational institution, nonprofit organization/secular, non-profit organization/faith-based, and “other.”
(2) On or before August 31, 2007, and each subsequent year through 2010, State agencies must report
to FNS data as specified in paragraph (j)(1) of this section for the prior Federal fiscal year. State
agencies must submit this data in a format designated by FNS.
(k) Program evaluations. State and local WIC agencies and contractors must cooperate in studies and
evaluations conducted by or on behalf of the Department, related to programs authorized under the
Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 (42 U.S.C. 1786).
[50 FR 6121, Feb. 13, 1985, as amended at 53 FR 35301, Sept. 13, 1988; 65 FR 83288, Dec. 29, 2000; 71 FR 56731, Sept. 27, 2006;
72 FR 24184, May 2, 2007; 73 FR 21811, Apr. 23, 2008; 76 FR 37983, June 29, 2011]

§ 246.27 Program information.
Any person who wishes information, assistance, records or other public material shall request such information
from the State agency, or from the FNS Regional Office serving the appropriate State as listed below:
(a) Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont: U.S. Department
of Agriculture, FNS, Northeast Region, 10 Causeway Street, room 501, Boston, Massachusetts
02222-1066.
(b) Delaware, District of Columbia, Maryland, New Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands,
West Virginia: U.S. Department of Agriculture, FNS, Mid-Atlantic Region, Mercer Corporate Park, 300
Corporate Boulevard, Robbinsville, New Jersey 08691-1598.
(c) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee: U.S.
Department of Agriculture, FNS, Southeast Region, 61 Forsyth Street, SW., room 8T36, Atlanta, Georgia
30303.
(d) Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin: U.S. Department of Agriculture, FNS, Midwest
Region, 77 West Jackson Boulevard—20th Floor, Chicago, Illinois 60604-3507.
(e) Arkansas, Louisiana, New Mexico, Oklahoma, Texas: U.S. Department of Agriculture, FNS, Southwest
Region, 1100 Commerce Street, room 5-C-30, Dallas, Texas 75242.
(f) Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah, Wyoming: U.S.
Department of Agriculture, FNS, Mountain Plains Region, 1244 Speer Boulevard, suite 903, Denver,
Colorado 80204.
(g) Alaska, American Samoa, Arizona, California, the Commonwealth of the Northern Mariana Islands, Guam,
Hawaii, Idaho, Nevada, Oregon, Washington: U.S. Department of Agriculture, FNS, Western Region,90
Seventh Street, Suite #10-100, San Francisco, California 94103.

7 CFR 246.27(g) (enhanced display)

page 156 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.28

[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985, as amended at 59 FR 11508, Mar. 11, 1994; 71 FR 56733, Sept. 27, 2006; 73
FR 11314, Mar. 3, 2008]

§ 246.28 OMB control numbers.
The following control numbers have been assigned to the information collection requirements in 7 CFR part 246 by
the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Pub. L. 96-511.

7 CFR part 246 section where requirements are described

Current OMB control no.

.4(a) (8), (9), (11)

0584-0386

.5

0584-0043

.6

0584-0043

.7(a)

0584-0386

.7(e), (h), (j)

0584-0043

.7(n)

0584-0386

.7(i)

0584-A536

.10

0584-A536

.11(a)(3)

0584-0386

.11(d)

0584-0043

.12(f), (i), (i)(3), (j)

0584-0043

.14(d)(1)

0584-0043

.16(c)

0584-0043

.17(c)(1)

0584-0043

.19

0584-0043

.20(a)

0584-0043

.25(a), (b)

0584-0043, 0584-0347

[50 FR 6121, Feb. 13, 1985, as amended at 53 FR 15653, May 3, 1988; 54 FR 51295, Dec. 14, 1989; 58 FR 11507, Feb. 26, 1993]

§ 246.29 Waivers of program requirements.
(a) Required conditions. The Secretary may waive or modify any qualified administrative requirement for one
or more State agencies during an emergency period or supply chain disruption. Waivers or modifications
may be issued following a State agency request or at the discretion of the Secretary. To be considered, a
waiver or modification issued under this Section must meet the following requirements:
(1) The qualified administrative requirement cannot be implemented during any part of the emergency
period or supply chain disruption.
(2) The waiver or modification is necessary to serve participants and does not substantially weaken the
nutritional quality of supplemental foods.
(3) The waiver or modification would not result in material impairment of any statutory or regulatory
rights of participants or potential participants as set forth at 7 CFR 246.8 or 7 CFR parts 15, 15a and
15b.
7 CFR 246.29(a)(3) (enhanced display)

page 157 of 158

7 CFR Part 246 (up to date as of 2/27/2025)
Special Supplemental Nutrition Program for Women, Infants and Children

7 CFR 246.29(a)(4)

(4) The waiver or modification would not create a barrier to participation.
(5) The waiver or modification would not create additional eligibility requirements for participation.
(6) The waiver or modification would comply with 7 CFR 246.13(b).
(7) The waiver or modification must offer substitution options with similar nutritional quality, that most
closely provide the maximum monthly allowance of supplemental foods, and that do not create new
supplemental food categories as set forth in 7 CFR 246.10(e)(12) Table 4.
(8) A State agency that requests a waiver or modification meets additional requirements for the request
and approval as determined necessary by FNS.
(b) Timeframes for waiver request and use.
(1) Waiver starts. A waiver or modification may be granted any time during an emergency period or
supply chain disruption.
(2) Waiver duration.
(i)

A waiver or modification established during an emergency period may be available for the
emergency period and up to 60 days after the end of the emergency period.

(ii) A waiver or modification established during a supply chain disruption may be available for:
(A) a period of up to 45 days from the date of waiver issuance and renewed with at least 15
days' notice provided by the Secretary; and
(B) no more than 60 days after the supply chain disruption declaration ceases to exist.
(c) State agency waiver requests. State agencies shall submit requests for a modification or waiver for USDA
approval. Requests shall include but not necessarily be limited to:
(1) The qualified administrative requirement the State agency is requesting to modify or waive (including
the statutory or regulatory citation) and an explanation for why it cannot be met;
(2) Justification for why the waiver is necessary to continue WIC services;
(3) An explanation that the waiver meets the conditions set forth in 7 CFR 246.29(a);
(4) The emergency period or supply chain disruption under which the request is being made;
(5) The period for which the flexibility is being requested.
[88 FR 86563, Dec. 14, 2023]

7 CFR 246.29(c)(5) (enhanced display)

page 158 of 158