This memorandum seeks to ensure that current Food and Nutrition Service guidance pertaining to federal civil rights and nondiscrimination obligations remains aligned with applicable laws, regulations, executive orders and directives relevant to the agency’s 16 nutrition assistance programs.

The information reporting and recordkeeping requirements are necessary to ensure appropriate and efficient management of both programs.

This is a new information collection for the Waivers and State Plans (WiSP) application.

This notice sets forth the interpretation that the U.S. Department of Agriculture uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “Federal public benefits” within the scope of PRWORA.

The Federal-State Supplemental Nutrition Programs Agreement (form FNS-339) is an annual contract between USDA and each state, territory, and Indian Tribal Government agency seeking to operate one or more of the following programs: The Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the WIC Farmers' Market Nutrition Program (FMNP), and the Seniors Farmers' Market Nutrition Program (SFMNP). 

The American Rescue Plan Act of 2021 (ARPA), which was signed into law in March 2021, provided USDA with $390 million and waiver authority for outreach, innovation, and program modernization in WIC and the WIC Farmers' Market Nutrition Program. FNS is interested in understanding the implementation and outcomes related to these modernization efforts.

I write you today to share my guiding principles regarding nutrition programs, and to encourage states to partner with us as innovative collaborators and policy incubators. Gone are the days of the status quo; today starts a new chapter for the Department, states, territories, tribal communities, and each who render or receive nutrition programs.

This guidance provides resources that state agencies may use when considering next steps and set forth instructions for submitting state plan amendments that involve operational changes such as electronic solution proposals and/or WIC FMNP waiver requests.

FNS recognizes that many state agencies may benefit from guidance regarding the existing flexibilities allowable within current FMNP and SFMNP regulations and has compiled some of these flexibilities for state and local agencies to consider.

This memo is inform FNS regional offices and state agencies of the release of the 2021-22 WIC Income Eligibility Guidelines. The 2021-22 Income Eligibility Guidelines are used by state agencies in determining the income eligibility of persons applying to participate in WIC.