In compliance with the Federal Food, Drug and Cosmetic Act, the Department will not approve future IFBs or contracts that include provisions that erroneously restrict competition for WIC infant formula rebates.
This policy memorandum is simply a clarification of general WIC program confidentiality principals delineated in the Program Regulations and FCS Instruction 800-1 with special emphasis on provisions which affect immunization promotion activities.
We have concluded that neither the authorization of vendors to accept WIC food instruments, nor the exchange of a WIC food instrument between a certified WIC participant and an approved WIC vendor represents a "covered transaction." Therefore, WIC vendors are not subject to the certification requirement.