FNS Documents & Resources

This letter provides information to WIC state agencies and WIC Farmers’ Market Nutrition Program state agencies on available American Rescue Plan Act of 2021 waivers and a new state agency request process.

This letter provides WIC state agencies the opportunity to opt into waivers to modernize WIC through building or enhancing remote services.

On Nov. 8, 2022, FNS published WIC Policy Memorandum #2023-1 Abbott Infant Formula Waiver Expiration Schedule which extended active waivers to Jan. 31, 2023, or 60 days after the end of the Presidentially-declared COVID-19 major disaster declaration in the affected area, whichever is sooner. However, FNS recognizes that WIC state agencies may need additional flexibility to ensure uninterrupted access to infant formula for WIC families even as WIC state agencies transition back to normal operations. The intent of this policy memorandum is to formally describe the timeline for this transition, as previously described in the Dec. 19, 2022 letter to state agencies.

This letter is in response to correspondence from WIC state agencies using offline Electronic Benefit Transfer (EBT) technology or paper food instruments, and requesting program flexibility from the WIC program federal requirements as a result of the impact of the ongoing COVID-19 pandemic and the 2022 Abbott recall of certain powder infant formula, exempt infant formula, and WIC-eligible nutritionals on the nationwide supply chain leading to both periodic location- and product-based WIC infant formula and exempt infant formula shortages.

During an emergency situation such as the COVID-19 public health emergency, there are flexibilities available to TEFAP state agencies to assist them in continuing to provide food to people in need. Implementing TEFAP flexibilities can be achieved simply by submitting a written explanation (i.e., state plan amendment) to the FNS regional office for expedited review and approval.