Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 31 - NUTRITION SERVICES › Subchapter C - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Section 31.37 - Selection of Allowable WIC Program Supplemental Foods

Current through Reg. 49, No. 28; July 12, 2024
(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.