(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.

Source Note: The provisions of this §31.37 adopted to be effective August 5, 2001, 26 TexReg 5642; amended to be effective April 1, 2002, 27 TexReg 2014; amended to be effective October 1, 2003, 28 TexReg 3495; amended to be effective June 4, 2006, 31 TexReg 4428; amended to be effective October 1, 2009, 34 TexReg 6120