[Code of Federal Regulations]
[Title 7 Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR246.26]

[Page 361-363]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN--Table of Contents
 
                   Subpart G--Miscellaneous Provisions
 
Sec. 246.26  Other provisions.

    (a) No aid reduction. The value of benefits or assistance available 
under the

[[Page 362]]

Program shall not be considered as income or resources of participants 
or their families for any purpose under Federal, State, or local laws, 
including, but not limited to, laws relating to taxation, welfare and 
public assistance programs.
    (b) Statistical information. FNS reserves the right to use 
information obtained under the Program in a summary, statistical or 
other form which does not identify particular individuals.
    (c) Medical information. FNS may require the State or local agencies 
to supply medical data and other information collected under the Program 
in a form that does not identify particular individuals, to enable the 
Secretary or the State agencies to evaluate the effect of food 
intervention upon low-income individuals determined to be at nutritional 
risk.
    (d) Confidentiality. The State agency shall restrict the use or 
disclosure of information obtained from program applicants and 
participants to:
    (1) Persons directly connected with the administration or 
enforcement of the program, including persons investigating or 
prosecuting violations in the WIC Program under Federal, State or local 
authority;
    (2) Representatives of public organizations designated by the chief 
State health officer (or, in the case of Indian State agencies, the 
governing authority) which administer health or welfare programs that 
serve persons categorically eligible for the WIC Program. The State 
agency shall execute a written agreement with each such designated 
organization:
    (i) Specifying that the receiving organization may employ WIC 
Program information only for the purpose of establishing the eligibility 
of WIC applicants and participants for health or welfare programs which 
it administers and conducting outreach to WIC applicants and 
participants for such programs, and
    (ii) Containing the receiving organization's assurance that it will 
not, in turn, disclose the information to a third party; and
    (3) The Comptroller General of the United States for audit and 
examination authorized by law.

[50 FR 6121, Feb. 13, 1985, as amended at 53 FR 35301, Sept. 13, 1988]

    Effective Date Note: At 65 FR 83288, Dec. 29, 2000, Sec. 246.26 was 
amended by revising the heading of paragraph (d), and adding paragraphs 
(e), (f), and (g), effective February 27, 2001. For the convenience of 
the user the revised and added text is set forth as follows:

Sec. 246.26  Other provisions.

                                * * * * *

    (d) Confidentiality of applicant and participant information. * * *
    (e) Confidentiality of vendor information. Confidential vendor 
information is any information about a vendor (whether it is obtained 
from the vendor or another source) that individually identifies the 
vendor, except for vendor's name, address and authorization status. 
Except as otherwise permitted by this section, the State agency must 
restrict the use or disclosure of confidential vendor information to:
    (1) Persons directly connected with the administration or 
enforcement of the WIC Program or the Food Stamp Program who the State 
agency determines have a need to know the information for purposes of 
these programs. These persons may include personnel from its local 
agencies and other WIC State and local agencies and persons 
investigating or prosecuting WIC or Food Stamp Program violations under 
Federal, State, or local law;
    (2) Persons directly connected with the administration or 
enforcement of any Federal or State law. Prior to releasing the 
information to one of these parties (other than a Federal agency), the 
State agency must enter into a written agreement with the requesting 
party specifying that such information may not be used or redisclosed 
except for purposes directly connected to the administration or 
enforcement of a Federal, or State law; and
    (3) A vendor that is subject to an adverse action, including a 
claim, to the extent that the confidential information concerns the 
vendor subject to the adverse action and is related to the adverse 
action.
    (f) Confidentiality of Food Stamp Program retailer information. 
Except as otherwise provided in this section, the State agency must 
restrict the use or disclosure of information about Food Stamp Program 
retailers obtained from the Food Stamp Program, including information 
provided pursuant to Section 9(c) of the Food Stamp Act of 1977 (7 
U.S.C. 2018(c)) and Sec. 278.1(q) of this chapter,

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to persons directly connected with the administration or enforcement of 
the WIC Program.
    (g) USDA and the Comptroller General. The State agency must provide 
the Department and the Comptroller General of the United States access 
to all WIC Program records, including confidential vendor information, 
pursuant to Sec. 246.25(a)(4).