15A NCAC 21D .0501 SUPPLEMENTAL FOODS

(a) The foods which may be provided to WIC program participants are specified in 07 C.F.R. 246.10, which is incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Health and Human Services, Division of Public Health, 1330 Saint Mary's Street, Raleigh, North Carolina and may be obtained from Nutrition Services at no cost.

(b) The following exclusions from the food package have been adopted by the North Carolina WIC program and approved by the United States Department of Agriculture, Food and Nutrition service:

(1) shredded cheese;

(2) eggs other than grade A large or extra-large fresh and "cholesterol reducing";

(3) infant cereal-fruit and cereal-formula combinations;

(4) cheese in excess of four pounds per month, unless a physician documents that the recipient is lactose intolerant, or is a postpartum woman who is breast feeding exclusively;

(5) all formulas other than standard milk-based iron fortified infant formulas, unless a physician prescribes a formula and documents the presence of a medical condition, the reason for the specific formula prescribed, and the duration of its use;

(6) if the WIC program executes a sole source contract for an infant formula, that formula shall be specified in the vendor agreement and on the food instrument, and all other formulas shall be excluded from the food package, unless a physician prescribes a different formula and documents the presence of a medical condition, the reason for the specific formula prescribed, and the duration of its use;

(7) infant juice;

(8) peanut butter other than plain, smooth, crunchy or whipped;

(9) dried beans and peas other than mature and unflavored;

(10) tuna other than chunk light in water; and

(11) carrots other than raw, canned or frozen.

(c) The state agency may waive application of this Rule and exclude foods other than those described in Paragraph (b) of this Rule if it determines such foods to be inappropriate for provision as supplemental foods through the WIC program as a result of their composition, packaging or promotion in a manner which is contrary to the purpose of the program as contained in Rule .0601(a) of this Subchapter.

History Note: Authority G.S. 130A-361; 42 U.S.C. 1786; 7 C.F.R. 246;

Eff. July 1, 1981;

Amended Eff. October 1, 1993; October 1, 1990; July 1, 1989; October 1, 1988;

Temporary Amendment Eff. July 1, 2002.