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.
The Consolidated Appropriations Act 2023 authorized a permanent, nationwide Summer EBT program beginning in 2024. The Act requires FNS to promulgate interim regulations within a year of the Act’s enactment. Interim regulations are effective upon publication and FNS will accept comments on the interim rule to inform subsequent rulemakings.
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.