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.

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 memo provides additional guidance to state agencies interested in submitting renewal requests for the indefinite waivers expiring April 30, 2015.

In recent years, FNS has approved several innovative waiver requests that have afforded states new flexibility in administering SNAP. Because these waivers are relatively new, untested, and complex, FNS categorizes them as "novel" waivers.

FNS has recently undertaken a review of its waiver processes and the effectiveness of its approved waivers. Specifically, FNS has recently reviewed the "Early Denial" waiver, also known as "10-Day Denial" waiver, which waives Supplemental Nutrition Assistance Program (SNAP) regulations at 7 CFR 273.2(g)(3) and 7 CFR 273.2(h)(2).

FNS is issuing this memorandum to update current waiver procedures and revise previous guidance contained in the Sept. 14, 2004, memo, "Revised Waiver Processing Instructions." FNS is enhancing administrative waiver procedures to streamline current processes and eliminate inconsistencies in approval requirements for similar waivers.