| DATE: | June 10, 2003 |
| MEMO CODE: | Final WIC Policy Memorandum #2002-1, Revision 1 |
| SUBJECT: | Clarification of WIC Food Delivery Systems Final Rule Questions and Answers |
| TO: | Regional Directors Supplemental Food Programs All Regions |
This policy memorandum updates our response to an issue regarding incentive items that was addressed in Final WIC Policy Memorandum #2002-1, dated Nov. 8, 2001, includes answers to other questions that have been raised since the issuance of that policy memorandum, and incorporates the original and new questions and answers in a new format.
Revised Questions and Answers
Following the issuance of Final WIC Policy Memorandum #2002-1, FNS received requests for clarification of our answer to question #54 on a vendor’s provision of incentive items to program participants. Based on section 246.12(h)(3)(ii) of the WIC regulations, the policy memorandum stated: “Providing diapers or other incentive items to participants is strictly prohibited by the vendor agreement.” After considering this issue further, FNS has determined that WIC regulations do not give state agencies clear authority to prohibit vendors from providing incentive items to participants. The revised response, #I-2, also indicates that FNS intends to seek regulatory authority in this area.
This memorandum also reflects minor editorial changes to other questions and answers contained in Final WIC Policy Memorandum #2002-1. We added a reference to Final WIC Policy Memorandum #2002-7, dated Sept. 20, 2002, which instructs State agencies to begin applying the new $25,000 maximum penalty for fraud or abuse, and changed cross references to fit the new numbering format described below.
New Questions and Answers
This policy memorandum includes 20 new questions and answers. These questions arose subsequent to issuance of Final WIC Policy Memorandum #2002-1. We have inserted the new questions and answers at the end of the applicable section.
New Format
The revised policy memorandum uses a new format that allows questions and answers to be added to the document easily. For your reference, the following chart indicates the new numbers that have been assigned to the original questions and answers from WIC Policy Memorandum #2002-1, as well as the location and number of the added questions and answers.
Questions and Answers in Policy Memorandums
#2002-1 and #2002-1, Revision 1
PATRICIA N. DANIELS
Director
Supplemental Food Programs Division