[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR246.26]



[Page 398-399]

 

                          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 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



[[Page 399]]



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 of applicant and participant information. 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.

    (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, 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).



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

65 FR 83288, Dec. 29, 2000]