CHRONOLOGY OF STATUTES PERTAINING TO THE DEFINITION OF WIC SUPPLEMENTAL FOODS

September 26, 1972: Public Law No. 92-433. The term “supplemental foods” is defined in the original WIC statute, Child Nutrition Act, as amended.

§ 17(f)(3): “Supplemental foods” shall mean those foods containing nutrients known to be lacking in the diets of populations at nutritional risks and, in particular, those foods and food products containing high-quality protein, iron, calcium, vitamin A, and vitamin C. Such term may also include (at the discretion of the Secretary) any food product commercially formulated preparation specifically designed for infants.

July 11, 1973: In what appears to be the first WIC rule (Federal Register p. 18447):

§ 246.2(v): “Supplemental food” means any food authorized to be made available under the WIC program.

October 7, 1975: Public Law No. 94-105. Child Nutrition Act §17(f)(3) is amended to include a new, final sentence:

The contents of the food package shall be made available in such a manner as to provide flexibility, taking into account medical and nutritional objectives and cultural eating patterns.

January 12, 1976: Interim “Revision, Reorganization, and Republication” (Federal Register p. 1743) reads:

§ 246.2(t): “Supplemental foods” means the foods authorized by FNS in this part to be made available under the WIC program.

January 9, 1979: Proposed Rule, to comply with section 3 of Public Law No. 95-627 § 3 (beginning Federal Register p. 2114) deletes the definition of supplemental foods (no explanation is provided for this change):

§ 246.2 (no “letter” designation): “Supplemental foods” [Reserved]

July 27, 1979: Final Rule, to comply with Public Law No. 95-627 § 3 (beginning Federal Register p. 44422):

§ 246.2 (no “letter” designation): “Supplemental foods” [Reserved].

July 8, 1983: Proposed Rule (beginning on Federal Register p. 31502) issued to “reduce the regulatory burden on State and local agencies.” It states:

A definition of “supplemental foods” was reserved in the 1979 regulations because of the pending issuance of the proposed food package Regulations. A definition consistent with the legislative definition and past regulatory definitions is proposed in this rulemaking.

§ 246.2 (no “letter” designation): “Supplemental foods” means those foods containing nutrients determined to be beneficial for pregnant, breastfeeding, and postpartum women, infants and children, as prescribed by the Secretary in section 246.10.

November 10, 1989: Public Law No. 101-147. Child Nutrition and WIC Reauthorization Act of 1989 continues the statutory emphasis on providing nutrients for which WIC participants are most vulnerable to deficiencies and adds concern regarding nutrient density and how to effectively provide the priority nutrients.

June 30, 2004: Public Law No. 108-265. Child Nutrition and WIC Reauthorization Act of 2004 continues the statutory emphasis on nutrients that are lacking. It also adds language about foods to the definition, still at (b) (14), and adds material to (f)(11) without altering the sentences inserted in 1978. The new (b)(14) reads:

(b)(14): “Supplemental foods” means those foods containing nutrients determined by nutritional research to be lacking in the diets of pregnant, breastfeeding, and postpartum women, infants, and children, and those foods that promote the health of the population served by the program authorized by this section, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns, as prescribed by the Secretary. State agencies may, with the approval of the Secretary, substitute different foods providing the nutritional equivalent of foods prescribed by the Secretary, to allow for different cultural eating patterns.

Child Nutrition Act § 17, includes the following relevant provisions in a paragraph primarily addressing state operations:

“(f)(11) SUPPLEMENTAL FOODS—

(A) IN GENERAL—The Secretary shall prescribe by regulation the supplemental foods to be made available in the program under this section.

(B) APPROPRIATE CONTENT—To the degree possible, the Secretary shall assure that the fat, sugar, and salt content of the prescribed foods is appropriate.”

REFERENCES

• IOM (Institute of Medicine). WIC food packages: Time for a change. Washington, DC: The National Academies Press; 2006.
• USDA/ERS (U.S. Department of Agriculture/Economic Research Service). The WIC program: Background, trends, and economic issues. 2015 edition. Washington, DC: USDA/ERS; 2015. [April 13, 2016]. http://www​.ers.usda.gov​/media/1760725/eib134.pdf.
• USDA/FNS (U.S. Department of Agriculture/Food and Nutrition Service). interim rule, 7 C.F.R. § 246. 2007. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC food packages;
• USDA/FNS. final rule, 7 C.F.R. § 246. 2014a. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC food packages;
• USDA/FNS. WIC policy memorandum #2014-6: Final WIC food package rule: Implementation of low-fat (1 percent) and nonfat milks provision. Alexandria, VA: USDA/FNS; 2014b.
• USDA/FNS. WIC policy memorandum #2015-3 to WIC state agency directors: Eligibility of white potatoes for purchase with the cash-value voucher. Alexandria, VA: USDA/FNS; 2015a.
• USDA/FNS. WIC policy memorandum #2015-4 to WIC state agency directors: Increase in the cash value voucher for pregnant, postpartum, and breastfeeding women. Alexandria, VA: USDA/FNS; 2015b.