641—73.9 (135) Food package. The authorized supplemental foods shall be prescribed for participants by a CPA in the contract agency from food packages outlined in 7 CFR 246.10 and in accordance with the following:
	 73.9(1) Prescription of foods. Food packages shall maintain a balance between cost and nutrition integrity. There are two components to this balance: (1) administrative adjustments by the department; and (2) nutrition tailoring by both the department and the CPA in the contract agencies.
	  a.   	 Administrative adjustments include restrictions in the packaging methods, brands, sizes, types, and forms (but not quantities) of the federally allowable foods in order to establish the approved food list for the state. Administrative adjustments include decisions to eliminate more expensive brands or prohibit more costly food items allowed by regulations. Criteria for considering foods for inclusion in the approved food list are found in 73.9(3).
	  b.   	 Nutrition tailoring includes changes or substitutions to food types, forms, and quantities in order to prescribe food packages that better meet the nutritional needs of participants. Tailoring is done to reduce quantities of foods based on nutritional needs, to accommodate participant preferences, to accommodate household conditions such as lack of refrigeration or other special needs and problems of homeless or transient participants, and to recommend or prescribe specific forms of the allowable WIC foods based upon a participant’s nutritional needs or goals.
	  c.   	 Rescinded IAB 8/4/04, effective 9/8/04.
	 73.9(2) Tailoring to meet individual nutrition needs. Food packages are individually tailored to meet the needs of specific participants according to USDA regulations and the Iowa WIC Policy and Procedure Manual.
	 73.9(3) Criteria for approving products for inclusion in the WIC food package.
	  a.   	 A product shall meet the federal regulations governing the WIC food package.
	  b.   	 Variety in the food package is encouraged to increase the likelihood of products being used as well as to allow participants to exercise responsibility in shopping.
	  c.   	 Changes to the approved food list take effect on October 1 in years when new vendor contracts are signed. Inquiries from food companies about new and continuing products must be received prior to February 1 of the year vendor contracts expire to be guaranteed consideration.
	  d.   	 Cereals shall meet federal guidelines for sugar and iron content and shall also meet the following conditions:
	 (1) 	 They shall be carried by current Iowa WIC vendors.
	 (2) 	 The product form and marketing approach shall be consistent with the promotion of good nutrition and education.
	 (3) 	 If a group of cereals from one manufacturer have similar names and package designs and some do not qualify, the department reserves the right to not approve those types that would otherwise qualify, to reduce the potential for confusion by retail vendors and participants.
	 (4) 	 Ready-to-eat cold cereals are ranked by the six major distributors to Iowa WIC vendors based on volume of total sales. Hot cereals are ranked in the same way. Multiple varieties of a single brand of cereal shall be considered as one brand for the purposes of constructing this ranking. The state office compiles data from all distributors to develop an overall ranking or ranked list. The top 16 name-brand cold cereals, the top 3 varieties of private-label (store) brand cold cereals and the top 2 hot cereals that qualify are selected.
	 (5) 	 Product shall have been available in retail stores in Iowa for one year prior to the effective date of inclusion in the approved food list.
	  e.   	 Juices shall meet the federal guidelines for vitamin C content and all of the following conditions:
	 (1) 	 Juices shall be 100 percent juice and contain no added sugar, sweeteners or artificial sweeteners.
	 (2) 	 The brand shall be carried by current Iowa WIC vendors. Juices are ranked by the six major distributors to Iowa WIC vendors based on volume of total sales. The top two name brands of each flavor of juice (e.g., tomato, orange, grapefruit, grape, apple, or blended) and form of juice (single-strength or concentrated) that meet the selection criteria will be approved. Any private-label (store) brands that meet the selection criteria will also be approved.
	 (3) 	 The product form and marketing approach shall be consistent with the promotion of good nutrition and education.
	 (4) 	 If a group of juices from one manufacturer have similar names and package designs and some do not qualify, the department reserves the right to not approve those types that would otherwise qualify, to reduce the potential for confusion by retail vendors and participants. Single-strength and concentrated varieties of juice with the same brand name will be evaluated separately.
	 (5) 	 Product shall have been available in retail stores in Iowa for one year prior to the effective date of inclusion in the approved food list.
	 (6) 	 Concentrated juices must be single flavors of juice.
	  f.   	 The following conditions apply to dairy products:
	 (1) 	 To qualify, brands of whole, low fat, reduced fat, or fat-free milk marketed in Iowa must contain or be fortified with vitamins A and D to meet the federal standards. The department reserves the right to disqualify brands that significantly exceed the average price of other brands or which are marketed as providing additional health benefits.
	 (2) 	 Fluid milk with added bacterial cultures or enzymes, including but not limited to sweet acidophilus or lactose-reduced milk, may qualify. Brands are approved by the department on a case-by-case basis.
	 (3) 	 All brands of natural cheese designated in the USDA WIC regulations qualify. The cheese shall have no added flavors (e.g., smoke flavoring, peppers, wine).
	  g.   	 All brands of dried beans or peas are approved whether packaged or purchased in bulk, however, no mixes are allowed.
	  h.   	 Any brand of peanut butter qualifies as long as it does not contain other ingredients such as jelly. Brands may be either refrigerated or nonrefrigerated.
	  i.   	 Eggs shall be fresh, Grade A large or smaller chicken eggs. Specialty eggs, including those with health or nutrition claims and significantly higher prices, shall not be approved.
	  j.   	 Any brand of tuna qualifies if it is either water- or oil-packed, chunked, solid, or flaked, and is in six-ounce minimum-size containers. Tuna packaged with other items such as crackers or relish may not be purchased.
	  k.   	 Commercial infant formula shall meet the following conditions:
	 (1) 	 It shall have registered with the Food and Drug Administration as complying with the legal definition of infant formula.
	 (2) 	 It shall comply with the calorie and iron content prescribed by the federal WIC regulations.
	 (3) 	 It has been approved by the USDA for use in the WIC program.
	 (4) 	 The product form and marketing approach shall be consistent with the promotion of good nutrition and education.
	 (5) 	 All of the formula marketed under that label shall meet all standards. If a similar, nonqualifying formula is marketed along with a qualifying formula, participants may be easily confused. Therefore, the qualifying formula shall not be approved.
	 (6) 	 “Special formulas,” as described in the regulations, must be approved by the USDA.
	  l.   	 In addition to the criteria specified above, the department reserves the right to further restrict the number of brands of any products in order to contain the cost of the food package through competitive procurement of rebate contracts or other similar means.