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PA Bulletin, Doc. No. 24-1265

NOTICES

DEPARTMENT OF HEALTH

Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Vendor Minimum Stocking Requirements

[54 Pa.B. 5677]
[Saturday, September 7, 2024]

 To serve as a WIC authorized store, a store must satisfy, among other selection criteria, the selection criteria at 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 WIC MSR taking effect January 1, 2025, are the same as the previous requirements, as shown by the following table.

WIC Minimum Stocking Requirements
Requirements must be available at or below the current competitive price

Expiring (on December 31, 2024) WIC Minimum Stocking RequirementsChange(s) from previous WIC Minimum Stocking Requirements WIC Minimum Stocking Requirements Effective January 1, 2025
Formula—Similac Advance Liquid Concentrate 5—13 oz. containers*No changeFormula—Similac Advance Liquid Concentrate 5—13 oz. containers*
Formula—Similac Advance Powder—10—12.4 oz. containers*No changeFormula—Similac Advance Powder—10—12.4 oz. containers*
Formula—Similac Soy Isomil Powder—5—12.4 oz. containers*No change 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 changeInfant 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 16—4 oz. containers equivalent (packs containing 2—2 oz. containers are allowable and count as 1—4 oz. container)No change Infant 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 16—4 oz. containers equivalent (packs containing 2—2 oz. containers are allowable and count as 1—4 oz. container)No change 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 10—2.5 oz. containers*No change Infant 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 vegetablesNo changeFruits 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
Cow's Milk—Fluid whole milk, one brand, 2 gallons total (1/2 gallon and gallon containers count towards minimum inventory)No change Cow'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%, 4 gallons total (1/2 gallon and gallon containers count towards minimum inventory)No change 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 inventoryNo changeNatural Domestic Cheese—A WIC allowable variety 8 oz. or 16 oz. packages—three different types, 4 lbs. total inventory
Juice—2 allowable varieties 2—48 oz. containers total inventory (only
1 container of each variety is required to meet MSR)
No changeJuice—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. containers total inventory (only
1 container of each variety is required to meet MSR)
No changeJuice—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—1 allowable variety, 1—11.5 oz. to 12 oz. containersNo changeJuice—Concentrated, frozen or shelf stable—1 allowable variety, 1—11.5 oz. 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 inventoryNo changeCereal—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 rollsNo 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—16 oz. to 18 oz. containersNo changePeanut 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—containers of canned beans (such containers ranging in size between
15 oz. to 16 oz.)
No changeLegumes—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 (such containers ranging in size between
15 oz. to 16 oz.)
Canned Fish—A 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 changeCanned Fish—A 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, large or x-large 3—1-dozen egg containersNo change Grade ''A'' or ''AA'' chicken eggs any brand, white or brown, small, medium, large or x-large 3—1-dozen egg containers

 Stores applying to become WIC Authorized are required to have all of the previously listed inventory.

 (*) 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.

 Other standard formulas, kosher formulas and alternative products specified on the eWIC card are not minimum inventory requirements. The store must be able to provide these within 72 hours after being presented with an eWIC card for that item.

United States Department of Agriculture (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 AD-3027 form 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.

 The Pennsylvania WIC program is funded by the USDA. The USDA is an equal opportunity provider.

 Persons with a disability who require an alternative format of this listing (for example, large print, audiotape, Braille) should contact the Department of Health, Bureau of WIC, 625 Forster Street, 7th Floor West, Health and Human Services Building, Harrisburg, PA 17120, (717) 783-1289, or for speech and/or hearing-impaired persons, call the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

DR. DEBRA L. BOGEN, 
Secretary

[Pa.B. Doc. No. 24-1265. Filed for public inspection September 6, 2024, 9:00 a.m.]



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