7 C.F.R. § 246.1

General purpose and scope

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This part announces regulations under which the Secretary of Agriculture shall carry out the Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program). Section 17 of the Child Nutrition Act of 1966, as amended, states in part that the Congress finds that substantial numbers of pregnant, postpartum and breastfeeding women, infants and young children from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. The purpose of the Program is to provide supplemental foods and nutrition education, including breastfeeding promotion and support, through payment of cash grants to State agencies which administer the Program through local agencies at no cost to eligible persons. The Program shall serve as an adjunct to good health care during critical times of growth and development, in order to prevent the occurrence of health problems, including drug and other harmful substance abuse, and to improve the health status of these persons. The program shall be supplementary to SNAP; any program under which foods are distributed to needy families in lieu of SNAP benefits; and receipt of food or meals from soup kitchens, or shelters, or other forms of emergency food assistance.

[50 FR 6121, Feb. 13, 1985, as amended at 54 FR 51294, Dec. 14, 1989; 58 FR 11506, Feb. 26, 1993; 76 FR 59888, Sept. 28, 2011]

Notes of Decisions

Cited in 25 cases (2 in the last 5 years), 1978–2022 · leading case: Obimak Enter. v. Dep't of Health, 200 A.3d 119 (Pa. Commw. Ct. 2018).

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Obimak Enter. v. Dep't of Health, 200 A.3d 119 (Pa. Commw. Ct. 2018). “1 (Department Adjudication, Findings of Fact (F.F.) No. 1). The WIC program is funded through the United States Department of Agriculture and provides cash grants to state agencies to administer the program through local agencies.”

Morningside Supermarket Corp. v. New York State Dep't of Health, 432 F. Supp. 2d 334 (S.D.N.Y. 2006). “See 7 C.F.R. § 246.1 . Thus, “[t]o the extent that any private remedy might be implicit in the statute,” or made explicit in the implementing regulations, “it would presumably be limited to one running in favor of this group.”

Alexander v. Polk, 572 F. Supp. 605 (E.D. Pa. 1983). · cites it 2× “To the same effect, the regulations pertinent to this action are those codified at 7 C.F.R. § 246.1 et seq. (1978). 2 . Andrea Carey, for herself and as guardian ad litem for her daughter Leslie Bonita Rex, is the only plaintiff not in the certified class.”

East Food & Liquor, Inc. v. United States, 50 F.3d 1405 (7th Cir. 1995). “; 7 C.F.R. § 246.1 . WIC program participants receive coupons, which are marked with the specific type and quantity of food items to be purchased, and can be exchanged for those items at those food stores authorized to participate.”

Morel v. Comm'r of Pub. Health, 811 A.2d 1256 (Conn. 2002). “…of the Regulations of Connecticut State Agencies, and the United States Department of Agriculture regulations, 7 C.F.R. §§ 246.1 through 246.28 (1999). As a vendor in the WIC program, the plaintiff was authorized to provide approved food items to WIC participants in…”

Alexander v. Polk, 459 F. Supp. 883 (E.D. Pa. 1978). · cites it 2× “§ 1786(b); 7 C.F.R. §§ 246.1 (a), .3(a) (1978). The legislation empowers the Secretary of Agriculture to make cash grants to the health agencies of states choosing to participate.”

Ramzi, Inc. v. Dep't of Pub. Health, 10 N.E.3d 139 (Mass. App. Ct. 2014). · cites it 2× “§ 1786 (2012); 7 C.F.R. § 246.1 (2009). 5 In the Commonwealth, WIC is administered by the department, subject to regulations promulgated by the United States Department of Agriculture (Department of Agriculture).”

Hy-Vee Food Stores, Inc. v. Minnesota Dep't of Health, 705 N.W.2d 181 (Minn. 2005). · cites it 2× “7 C.F.R. § 246.1 (2005). WIC participants exchange WIC vouchers for WIC-eligible products, which are listed on the face of the vouchers, at local authorized vendors.”

Moseley Groc. v. State Dept. of Pub. Health, 928 So. 2d 304 (Ala. Civ. App. 2005). “The WIC program is governed by 7 C.F.R. § 246.1 through .28 and § 22-12C-1 , Ala.”

Crystal Food & Liquor, Inc. v. Howard Consultants, Inc., 658 N.E.2d 1279 (Ill. App. Ct. 1995). “(See 7 C.F.R. § 246.1 (1995).) The Illinois WIC Vendor Management Act (410 ILCS 255/1 et seq.”

Foodland v. State ex rel. WV Dep't of Health & Human Resources, 532 S.E.2d 661 (W. Va. 2000). “” 7 C.F.R. § 246.1 (1998). In West Virginia, the local agency which administers the program is the Department of Health and Human Resources (DHHR), and the food is distributed through a retail purchase system.”

Della Valle v. United States Dept. of Agric., 626 F. Supp. 388 (D.R.I. 1986). “7 C.F.R. § 246.1 (1985). The administration and enforcement of the WIC program has been entrusted, in the main, to the states.”

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