26 Tex. Admin. Code § 366.21 - Selection of Allowable WIC Program Supplemental Foods
(a) Criteria for approving products for
inclusion in the WIC Program food package are based on federal regulations,
packaging, cost, cultural acceptability, and nutritive value.
(b) A product shall meet the federal
regulations governing the WIC Program food package in order to be considered
for approval through the WIC Program.
(c) The state agency may restrict the number
of brands and types of any products in order to contain the cost of the food
package and minimize the confusion for WIC participants. The state agency is
not obligated to authorize every available food that meets the federal
requirements.
(d) The state agency
shall review the WIC Program list of allowable foods annually to determine the
need for adding or deleting food products. If the state agency determines that
the list of allowable foods should be changed, the state agency shall notify
the appropriate manufacturers of that intent.
(e) The state agency may restrict the size of
packages and types of containers of any products for any food type including
limiting package size and container type within brands of products in order to
contain the cost of the food package and minimize the confusion for WIC
participant.
(f) A product for any
food type shall be available for retail purchase in Texas on or before the
effective date of the approved food list or it will not be considered by the
state agency for authorization.
(g)
The product form and marketing approach for any product for any food type shall
be consistent with the promotion of good nutrition and education.
(h) The state agency reserves the right to
solicit rebates for any eligible foods from manufacturers through a competitive
bid process.
(i) The state agency
reserves the right to determine the numbers and types of foods within a food
type to be authorized.
(j) In
determining the number of brands and types of any products to be approved, the
state agency may consider consumer, cultural, and/or ethnic acceptability, and
suitability for children.
(k)
Products having similar names and package designs shall not be approved if the
similarity in name and/or packaging would cause substantial confusion for
vendors and/or participants.
(l)
Allowable foods may include: milk; cheese; eggs; tofu; soy-based beverages;
breakfast cereal; juice; beans; peas; lentils; peanut butter; tuna; salmon;
mackerel; sardines; fruits; vegetables; whole wheat bread; whole grain bread;
brown rice; bulgur; oatmeal; whole grain barley; corn or whole wheat tortillas;
infant cereal; infant fruits; infant vegetables; infant meats; infant formula;
exempt infant formula; and WIC-eligible medical foods.
Notes
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