NOTICES
DEPARTMENT OF HEALTH
Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Vendor Minimum Stocking Requirements
[52 Pa.B. 5723]
[Saturday, September 3, 2022]To serve as a WIC authorized store, a store must satisfy, among other selection criteria, the selection criteria in 28 Pa. Code § 1103.4(5) (relating to selection criteria for authorization and reauthorization). This selection criteria requires that a store applying for WIC authorization or WIC reauthorization to ''at all times have available on the premises the minimum inventory of allowable foods as established by the Department under § 1103.5 (relating to minimum inventory) at shelf prices that are equal to or less than the competitive prices applicable to the store's peer group for those foods.'' The Department of Health is setting forth the minimum inventory, also known as minimum stocking requirements (MSR), in the following table, in accordance with 28 Pa. Code § 1103.5(a)(3), the requirements will become effective on January 1, 2023.
WIC Minimum Stocking Requirements
Requirements must be available at or below the current competitive price
Expiring (on December 31, 2022) WIC Minimum Stocking Requirements Change(s) from previous WIC Minimum Stocking Requirements New (Effective January 1, 2023) WIC Minimum Stocking Requirements Formula—Similac Advance Liquid Concentrate 17—13 oz. containers* Similac Advance Liquid Concentrate required WIC minimum inventory reduced by 12 containers Formula—Similac Advance Liquid Concentrate 5—13 oz. containers* Formula—Similac Advance Powder—10—12.4 oz. containers* No change Formula—Similac Advance Powder—10—12.4 oz. containers* Formula—Similac Soy Isomil Concentrate 17—13 oz. containers* Similac Soy Isomil Concentrate removed from required WIC minimum inventory No MSR Formula—Similac Soy Isomil Powder—10—12.4 oz. containers* Similac Soy Isomil Powder—required WIC minimum inventory reduced by 5 containers Formula—Similac Soy Isomil Powder—5—12.4 oz. containers* Infant Food—Cereal, 2 WIC allowable varieties in 8 oz. containers with a total availability of 24 oz. No change Infant Food—Cereal, 2 WIC allowable varieties in 8 oz. containers with a total availability of 24 oz. Infant Food—100% fruit 2 WIC allowable varieties 32—
4 oz. containersInfant Food—100% fruit required WIC minimum inventory reduced by
16 containers and language revised to explicitly include 2—2 oz. containers as counting towards the minimum inventory as 1—4 oz. containerInfant Food—100% fruit 2 WIC allowable varieties 16—
4 oz. containers equivalent (packs containing 2—2 oz. containers are allowable and count as 1—
4 oz. container)Infant Food—100% vegetables 2 WIC allowable varieties 32—
4 oz. containersInfant Food—100% vegetables required WIC minimum inventory reduced by 16 containers and language revised to explicitly include 2—2 oz. containers as counting towards the minimum inventory as 1—4 oz. container Infant Food—100% vegetables 2 WIC allowable varieties 16—
4 oz. containers equivalent (packs containing 2—2 oz. containers are allowable and count as 1—
4 oz. container)Infant Food—100% meat 2 WIC allowable varieties 31—
2.5 oz. containers*Infant Food—100% meat required WIC minimum inventory reduced by
21 containersInfant Food—100% meat 2 WIC allowable varieties 10—
2.5 oz. containers*Fruits and Vegetables—fresh, frozen or canned—2 types of fruits and 2 types of vegetables, totaling at least $16.50 worth of fruits and vegetables No change Fruits and Vegetables—fresh, frozen or canned—2 types of fruits and
2 types of vegetables, totaling at least $16.50 worth of fruits and vegetablesCow's Milk—Fluid Whole Milk, one brand 8—1/2 gallons Cow's Milk—Fluid Whole Milk reduced minimum inventory requirement by
2 gallons. Revised wording to allow
1/2 gallon and gallon containers at or below the competitive price to count towards the required WIC minimum inventoryCow's Milk—Fluid Whole Milk, one brand, 2 gallons total (1/2 gallon and gallon containers count towards minimum inventory) Cow's Milk—Fluid Skim, Fat Free,
1% 18—1/2 gallonsCow's Milk—Fluid Skim, Fat Free, 1%, reduced minimum inventory requirement by 5 gallons. Revised wording to allow 1/2 gallon and gallon containers to count towards minimum inventory of any variety at or below the competitive price to count towards the required WIC minimum inventory Cow's Milk—Fluid Skim, Fat Free, 1%, 4 gallons total (1/2 gallon and gallon containers count towards minimum inventory) Natural Domestic Cheese—A WIC allowable variety 8 oz. or 16 oz. packages—three different types, 4 lbs. total inventory No change Natural Domestic Cheese—A WIC allowable variety 8 oz. or 16 oz. packages—three different types, 4 lbs. total inventory Juice—2 allowable varieties 5—
48 oz. containersReduced required number of containers from 5 to 2. Added total inventory to explicitly state only 1 container of each variety is required to meet minimum inventory Juice—2 allowable varieties 2—48 oz. containers total inventory (only 1 container of each variety is required to meet MSR) Juice—2 allowable varieties 2—
64 oz. containersAdded total inventory to explicitly State only 1 container of each variety is required to meet minimum inventory Juice—2 allowable varieties 2—64 oz. containers total inventory (only 1 container of each variety is required to meet MSR) Juice—Concentrated, Frozen or Shelf Stable—2 allowable varieties, 5—
11.5 to 12 oz. containersJuice—Concentrated, Frozen or Shelf Stable required WIC minimum inventory reduced required varieties by 1 and required containers by 4 Juice—Concentrated, Frozen or Shelf Stable—1 allowable variety, 1—11.5 to 12 oz. containers Cereal—5 WIC allowable varieties with at least 1 whole grain variety, in 12 oz. or larger packages, 60 oz. total inventory No change Cereal—5 WIC allowable varieties with at least 1 whole grain variety, in 12 oz. or larger packages, 60 oz. total inventory Whole Grains—2 WIC allowable varieties, 2—16 oz. packages can be Brown Rice, Oats, Tortillas, Whole Wheat Pasta, Bread or Rolls No change Whole Grains—2 WIC allowable varieties, 2—16 oz. packages can be Brown Rice, Oats, Tortillas, Whole Wheat Pasta, Bread or Rolls Peanut Butter—A WIC allowable variety, 2—6 oz. to 18 oz. containers No change Peanut Butter—A WIC allowable variety, 2—16 oz. to 18 oz. containers Legumes—Dried Peas and Beans or Canned Beans, 2 varieties, 1 lb. package, 2 lbs. total inventory for Dried Peas and Beans or 4—15.5—
16 oz. containers of Canned BeansAllows Canned Beans in 15 oz. containers in addition to the 15.5 and 16 oz. containers Legumes—Dried Peas and Beans or Canned Beans, 2 varieties, 1 lb. package, 2 lbs. total inventory for Dried Peas and Beans or 4—containers of Canned Beans (containers ranging in size between 15 to 16 oz.) Canned Fish—Any WIC allowable variety of chunk light tuna, pink salmon or sardines, in 3.75 oz., 5 oz.
or 6 oz. containers and 45 oz. of total inventory*No change Canned Fish—Any WIC allowable variety of chunk light tuna, pink salmon or sardines, in 3.75 oz., 5 oz. or 6 oz. containers and 45 oz. of total inventory* Grade ''A'' or ''AA'' Chicken Eggs any brand, white or brown, small, medium or large 3—1 dozen egg containers Allowing x-large eggs Grade ''A'' or ''AA'' Chicken Eggs any brand, white or brown, small, medium, large or x-large 3—1-dozen egg containers (*) The State Agency may grant a WIC authorized vendor an exception that excepts the vendor from stocking a particular product based on a proven lack of WIC participant purchase for that product. However, the vendor must be able to obtain the excepted product within 48 hours of a request for the product by a WIC participant.
Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact the Department of Health, Bureau of WIC, 625 Forster Street, 7 West, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-1280, or for speech and/or hearing impaired person V/TT (717) 783-6514, or the Pennsylvania Hamilton Relay Service at (800) 654-5984.
The Pennsylvania WIC program is funded by the United States Department of Agriculture (USDA). The USDA is an equal opportunity provider.
USDA Nondiscrimination Statement:
In accordance with Federal civil rights law and the USDA civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age or reprisal or retaliation for prior civil rights activity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (for example, Braille, large print, audiotape, American Sign Language) should contact the responsible State or local agency that administers the program or the USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact the USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at https://www.usda.gov/sites/default/files/documents/ USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992 or by writing a letter addressed to the USDA. The letter must contain the complainant's name, address, telephone number and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights about the nature and date of an alleged civil rights violation. The completed Form AD-3027 or letter must be submitted to the USDA by mail to the United States Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410, fax (833) 256-1665 or (202) 690-7442, Program.Intake@usda.gov.
This institution is an equal opportunity provider.
DR. DENISE A. JOHNSON,
Acting Secretary
[Pa.B. Doc. No. 22-1361. Filed for public inspection September 2, 2022, 9:00 a.m.]
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