This policy memorandum provides further guidance on the WIC programmatic waivers as authorized under the Continuing Appropriations Act 2021 and Other Extensions Act in response to the COVID-19 public health emergency.
The Families First Coronavirus Response Act provides WIC Farmers’ Market Nutrition Program state agencies, including participating Indian Tribal Organizations and U.S. Territories, the opportunity to request a waiver of WIC regulatory requirements.
This is to inform you of changes that will be made to the FMNP interim regulations. Because some aspects of this year's FMNP season have already begun, and the process of issuing regulations is long and complex, we wanted to offer state agencies the opportunity to implement the following provisions prior to publication of the final FMNP regulation.
We have concluded that neither the authorization of farmers or farmers' markets nor the exchange of a FMNP coupon between a certified FMNP recipient and an approved farmer or farmers' markets in the FMNP represents "covered transactions." Therefore, farmers or farmers' markets in the FMNP are not subject to the certification requirements.