(1) This chapter of ARM Title 37 establishes a state WIC program which is essentially the equivalent of the federal WIC program.
(2) In view of the requirements of equivalence with the federal program and in order to simplify the rulemaking process and make the rules less cumbersome, the department has relied heavily upon incorporation and adoption by reference of federal requirements as set forth in Title 7 of the Code of Federal Regulations (CFR) .
(3) Where the department has adopted a federal regulation by reference, the following shall apply:
(a) References in the federal regulations to "Administrator" or "Regional Administrator", or the like, should be read to mean "department".
(b) Where the department incorporates by reference a subpart of a federal regulation, both the subpart and its constituent sections and subsections are also incorporated by reference.
(4) All of the incorporations by reference of federal agency rules are listed below by state rule number, together with the CFR edition date. This rule supersedes any specific references to editions of the CFR contained in other rules in this chapter.
State Rule
37.59
|
Federal Rule Incorporated
7 CFR . . .
|
CFR Edition Date |
102
|
246.4, 246.5, 246.10, 246.14(b) & (c) ; and
Part 3015
|
January 1, 1989
|
109
|
Parts 15, subparts A & B; Part 246;
and Part 3015
|
January 1, 1989
|
201
|
246.5(a) through (e)
|
January 1, 1989
|
202
|
246.6
|
January 1, 1989
|
203
|
246.5(d) (1) and 246.18
|
January 1, 1989
|
301
|
246.12(e) through (o)
|
January 1, 1989
|
302
|
246.12(f)
|
January 1, 1989
|
303
|
246.18
|
January 1, 1989
|
401
|
246.9
|
January 1, 1989
|
402
|
246.18
|
January 1, 1989
|
(5) All material which is incorporated by reference may be obtained from the Department of Public Health and Human Services, Special Supplemental Nutrition Program for Women, Infants & Children (WIC) , P.O. Box 202951, Helena, MT 59620-2951. Interested persons seeking a copy of the CFR may address their requests directly to: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.