Interim Final Rule: FMNP Nondiscretionary Provisions of PL 108-265, the Child Nutrition and WIC Reauthorization Act of 2004

This interim final rule amends the WIC Farmers’ Market Nutrition Program (FMNP) regulations to codify three FMNP nondiscretionary provisions mandated in the Child Nutrition and WIC Reauthorization Act of 2004.

The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of state matching funds, and an increase in the maximum Federal benefit level. These changes are intended to increase state agency flexibility in managing the program. The first two provisions became effective on Oct. 1, 2004, while the increased maximum federal FMNP benefit level was effective as of June 30, 2004.

The provisions set forth in this rulemaking are nondiscretionary, i.e., the Department has not exercised any authority to interpret the statutory provisions beyond the language that is specifically provided in the legislation. However, the Department believes that at least one of the provisions in this rulemaking may generate additional questions or comments concerning its implementation.

Therefore, the rule is being issued as an interim final rule, to afford the public the opportunity to comment on the possible implications of the provisions contained herein.