[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR246.11]

[Page 355-357]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 246_SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND 
 
                     Subpart D_Participant Benefits
 
Sec.  246.11  Nutrition education.

    (a) General. (1) Nutrition education shall be considered a benefit 
of the Program, and shall be made available at no cost to the 
participant. Nutrition education shall be designed to be easily 
understood by participants, and it shall bear a practical relationship 
to participant nutritional needs, household situations, and cultural 
preferences including information on how to select food for themselves 
and their families. Nutrition education shall be thoroughly integrated 
into participant health care plans, the delivery of supplemental foods, 
and other Program operations.
    (2) The State agency shall ensure that nutrition education is made 
available to all participants. Nutrition education may be provided 
through the local agencies directly, or through arrangements made with 
other agencies. At the time of certification, the local agency shall 
stress the positive, long-term benefits of nutrition education

[[Page 356]]

and encourage the participant to attend and participate in nutrition 
education activities. However, individual participants shall not be 
denied supplemental foods for failure to attend or participate in 
nutrition education activities.
    (3) As an integral part of nutrition education, the State agency 
shall ensure that local agencies provide drug and other harmful 
substance abuse information to all pregnant, postpartum, and 
breastfeeding women and to parents or caretakers of infants and children 
participating in the program. Drug and other harmful substance abuse 
information may also be provided to pregnant, postpartum, and 
breastfeeding women and to parents or caretakers of infants and children 
participating in local agency services other than the Program.
    (b) Goals. Nutrition education shall be designed to achieve the 
following two broad goals:
    (1) Stress the relationship between proper nutrition and good health 
with special emphasis on the nutritional needs of pregnant, postpartum, 
and breastfeeding women, infants and children under five years of age, 
and raise awareness about the dangers of using drugs and other harmful 
substances during pregnancy and while breastfeeding.
    (2) Assist the individual who is at nutritional risk in achieving a 
positive change in food habits, resulting in improved nutritional status 
and in the prevention of nutrition-related problems through optimal use 
of the supplemental foods and other nutritious foods. This is to be 
taught in the context of the ethnic, cultural and geographic preferences 
of the participants and with consideration for educational and 
environmental limitations experienced by the participants.
    (c) State agency responsibilities. The State agency shall perform 
the following activities in carrying out nutrition education 
responsibilities:
    (1) Develop and coordinate the nutrition education component of 
Program operations with consideration of local agency plans, needs and 
available nutrition education resources.
    (2) Provide in-service training and technical assistance for 
professional and para-professional personnel involved in providing 
nutrition education to participants at local agencies. The State agency 
shall also provide training on the promotion and management of 
breastfeeding to staff at local agencies who will provide information 
and assistance on this subject to participants.
    (3) Identify or develop resources and educational materials for use 
in local agencies, including breastfeeding promotion and instruction 
materials, taking reasonable steps to include materials in languages 
other than English in areas where a significant number or proportion of 
the population needs the information in a language other than English, 
considering the size and concentration of such population and, where 
possible, the reading level of participants.
    (4) Develop and implement procedures to ensure that nutrition 
education is offered to all adult participants and to parents and 
guardians of infant or child participants, as well as child 
participants, whenever possible.
    (5) Monitor local agency activities to ensure compliance with 
provisions set forth in paragraphs (c)(7), (d), and (e) of this section.
    (6) Establish standards for participant contacts that ensure 
adequate nutrition education in accordance with paragraph (e) of this 
section.
    (7) Establish standards for breastfeeding promotion and support 
which include, at a minimum, the following:
    (i) A policy that creates a positive clinic environment which 
endorses breastfeeding as the preferred method of infant feeding;
    (ii) A requirement that each local agency designate a staff person 
to coordinate breastfeeding promotion and support activities;
    (iii) A requirement that each local agency incorporate task-
appropriate breastfeeding promotion and support training into 
orientation programs for new staff involved in direct contact with WIC 
clients; and
    (iv) A plan to ensure that women have access to breastfeeding 
promotion and support activities during the prenatal and postpartum 
periods.

[[Page 357]]

    (d) Local agency responsibilities. Local agencies shall perform the 
following activities in carrying out their nutrition education 
responsibilities:
    (1) Make nutrition education available or enter into an agreement 
with another agency to make nutrition education available to all adult 
participants, and to parents or caretakers of infant and child 
participants, and whenever possible, to child participants. Nutrition 
education may be provided through the use of individual or group 
sessions. Educational materials designed for Program participants may be 
utilized to provide education to pregnant, postpartum, and breastfeeding 
women and to parents or caretakers of infants and children participating 
in local agency services other than the program.
    (2) Develop an annual local agency nutrition education plan 
consistent with the State's nutrition education component of Program 
operations and in accordance with this part and FNS guidelines. The 
local agency shall submit its nutrition education plan to the State 
agency by a date specified by the State agency.
    (e) Participant contacts. (1) The nutrition education contacts shall 
be made available through individual or group sessions which are 
appropriate to the individual participant's nutritional needs. All 
pregnant participants shall be encouraged to breastfeed unless 
contraindicated for health reasons.
    (2) During each six-month certification period, at least two 
nutrition contacts shall be made available to all adult participants and 
the parents or caretakers of infant and child participants, and wherever 
possible, the child participants themselves.
    (3) Nutrition education contacts shall be made available at a 
quarterly rate, but not necessarily taking place within each quarter, to 
parents or caretakers of infant participants certified for a period in 
excess of six months.
    (4) The local agency shall document in each participant's 
certification file that nutrition education has been given to the 
participant in accordance with State agency standards, except that the 
second or any subsequent nutrition education contact during a 
certification period that is provided to a participant in a group 
setting may be documented in a masterfile. Should a participant miss a 
nutrition education appointment, the local agency shall, for purposes of 
monitoring and further education efforts, document this fact in the 
participant's file, or, at the local agency's discretion, in the case of 
a second or subsequent missed contact where the nutrition education was 
offered in a group setting, document this fact in a master file.
    (5) An individual care plan shall be provided for a participant 
based on the need for such plan as determined by the competent 
professional authority, except that any participant, parent, or 
caretaker shall receive such plan upon request.
    (6) Contacts shall be designed to meet different cultural and 
language needs of Program participants.

[50 FR 6121, Feb. 13, 1985; 50 FR 8098, Feb. 28, 1985, as amended at 58 
FR 11507, Feb. 26, 1993; 59 FR 11503, Mar. 11, 1994; 65 FR 53528, Sept. 
5, 2000; 71 FR 56731, Sept. 27, 2006]