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 (Fed Reg 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” (Fed Reg 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.

August 26, 1977: Final “Revision, Reorganization, and Republication” (Fed Reg p. 43206) reads:

§ 246.2 (no “letter” designation): “Supplemental foods” means foods which meet the specifications of this part.

November 10, 1978: Public Law No. 95-627, the Child Nutrition Amendments of 1978, completely revised Child Nutrition Act § 17. In the revision, definitions were moved to subsection (b), with supplemental foods found at § 17(b)(14). The reference to nutrients of particular interest was deleted and additional direction was included at (f)(11).

§ 17(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, 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.

In subparagraph (f)(11): The Secretary shall prescribe by regulation the supplemental foods to be made available in the program under this section. To the de-

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