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.

The physical presence waiver, issued under the Families First Coronavirus Response Act of 2020, allowed WIC state and local agencies to remotely certify participants into WIC during the COVID-19 pandemic. This report summarizes data collected from surveys of WIC state and local agencies about the use of the physical presence waiver and the impact it had on WIC services.

Under the Families First Coronavirus Response Act of 2020, the USDA FNS issued certain programmatic waivers to state agencies to support continued access to WIC services and provide flexibilities to some administrative requirements. This brief report summarizes findings about the use and impact of these waivers from surveys of WIC state and local agencies.

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.

FNS has used its authority under FFRCA to waive certain onsite monitoring requirements for the school meals programs, the Child and Adult Care Food Program, and the Summer Food Service Program, so that programs can to maintain program integrity and support social distancing while providing meals. 

This memo announces a new set of child nutrition program waivers for school year 2021-2022. Since March 2020, USDA has worked to ensure state agencies, schools and other community partners have the tools they need to maintain children’s access to nutritious meals during COVID-19.

This waiver cancels selected administrative data reporting requirements in the child nutrition programs, specifically the following: FNS-640 Administrative Review Report Form; FNS-828 School Food Authority Paid Lunch Price Report; FNS-874 Local Educational Agency Second Review of Applications; Ameliorative Action Plans for Verification Results; State Agency Food Safety Inspections Report; and Performance-Based Reimbursement (7 Cents) Quarterly Report.

Under this waiver, Summer Food Service Program and the National School Lunch Program Seamless Summer Option operators in states that elect to be subject to this waiver may serve meals at school sites during unanticipated school closures in school year 2021-22.