This final rule delays from Feb. 27, 2002 until Oct. 1, 2002 the implementation date of the final rule entitled Special Supplemental Nutrition Program for Women, Infants and Children: Food Delivery Systems, which was published in the Federal Register on Dec. 29, 2000, 65 FR 83248, and became effective on April 28, 2001.
This final rule strengthens vendor management in retail food delivery systems by establishing mandatory selection criteria, training requirements, criteria to be used to identify high-risk vendors, and monitoring requirements, including compliance investigations. In addition, the rule strengthens food instrument accountability and sanctions for participants who violate program requirements.
This final rule implements three FMNP-related nondiscretionary provisions mandated in the William F. Goodling Child Nutrition Reauthorization Act of 1998. The three provisions pertain to the use of program income as a state matching fund source, elimination of specific state plan ranking criteria used to determine funding preferences, and use of expansion funds to increase the value of benefits to recipients.
This proposed rule would strengthen the requirements for operation of vendor management systems by establishing mandatory selection criteria; limitation of vendors; training requirements; criteria to be used to identify high- risk vendors; and monitoring requirements, including compliance buys. In addition, the rule would strengthen food instrument accountability and sanctions for participants who violate program regulations. It would also streamline the vendor appeals process.
This proposed rule would amend regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children to implement a mandate of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which requires the disqualification of WIC vendors who are disqualified from the Food Stamp Program.
The purpose of this policy memorandum is to provide clarification regarding the effective date of Special Supplemental Nutrition Program for Women, Infants and Children vendor disqualification's that result from the permanent disqualification of a vendor from the Food Stamp Program.
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.
The purpose of this memorandum is to clarify that the WIC vendor agreement/contract does not constitute a license or property interest .