eSolutions

Electronic solutions (eSolutions) are a key step in modernizing WIC FMNP and SFMNP. This transition aims to improve the program experience for state agencies, participants, farmers, and farmers’ markets. FNS is available to support state agencies as they consider options that best meet their needs.

FMNP eSolution Implementation Status

Sources: eSolution implementation status communicated to FNS as of April 1, 2024. U.S. Census Bureau 2022 Cartographic Boundary files.

SFMNP eSolution Implementation Status

Sources: eSolution implementation status communicated to FNS as of April 1, 2024. U.S. Census Bureau 2022 Cartographic Boundary files.

Implemented and Planned eSolutions by Provider

Note: The following reflects completed and planned eSolution implementation as of April 1, 2024, as communicated to FNS.

Custom Data Processing, Inc.

FMNP

• California
• Chickasaw Nation
• Choctaw Nation of Oklahoma
• New Hampshire
• North Carolina
• Oregon
• Rhode Island
• Washington
• Washington, D.C.
• West Virginia

SFMNP

• Chickasaw Nation
• Choctaw Nation of Oklahoma
• Oregon
• Rhode Island
• Washington
• Washington, D.C.

SoliSYSTEMS

FMNP

• Alabama
• Cherokee Nation
• Connecticut
• Delaware
• Five Sandoval Indian Pueblos
• Kentucky
• Louisiana
• Mississippi
• New Mexico
• South Carolina

SFMNP

• Alabama
• Connecticut
• Delaware
• Five Sandoval Indian Pueblos
• Kentucky
• Louisiana
• Mississippi
• New Mexico

Central Bank

FMNP

• Missouri
• Pennsylvania

SFMNP

• Missouri
• Nebraska
• Pennsylvania

RP Solutions

FMNP

• Minnesota
• Virginia
• Wisconsin

SFMNP

• Kansas
• Minnesota
• Virginia
• Wisconsin

Market Link

FMNP

• Indiana

SFMNP

• Indiana

Other Provider

FMNP

• Georgia
• Maine
• Maryland
• Michigan
• New Jersey

SFMNP

• Georgia
• Maryland
• New Jersey
• Washington, D.C

Undecided

FMNP

• Alaska
• Arkansas
• Colorado
• Florida
• Illinois
• Iowa
• Massachusetts
• Montana
• Nevada
• Ohio
• Omaha Nation
• Tennessee

SFMNP

• Alaska
• California
• Illinois
• Iowa
• Michigan
• Montana
• North Carolina
• Ohio
• Oklahoma
• Rhode Island
• Tennessee

Resources for State Agencies

Technical Resources

FNS encourages FMNP and SFMNP state agencies to review the WIC FMNP and SFMNP FY 2022 Guidance Package, which sets forth the process to pursue program operational changes. Operational changes may include implementing an eSolution or seeking program flexibilities through waiver requests.

Learn more

WIC FMNP Waivers

FNS is supporting flexibility and innovation through the waiver authority granted under the American Rescue Plan Act (PL 117-2, ARPA). Under this authority, WIC FMNP state agencies can request regulatory and statutory waivers to test new and innovative models of operation. ARPA waiver authority applies only to WIC FMNP and does not give FNS the authority to approve waivers for SFMNP.

Learn more

Summary

The purpose of the Substance Use Prevention Education in the WIC Program project grant is to develop trainings and resources to assist state and local agency WIC staff when addressing substance use prevention and referrals with WIC participants. This opportunity provides funding to develop and deliver a train-the-trainer model substance (i.e., drug and alcohol) use education program for WIC state agencies to deliver to WIC staff, revise the WIC Substance Use Prevention Guide, develop a custom online training course for WIC staff, develop a minimum of two participant education materials, and develop and present outcomes of these four activities to FNS staff.

Eligibility

Eligible entities are accredited United States’ universities and colleges that are publicly or privately funded institutions of higher education.

On April 18, 2024 FNS held a briefing for external partners on the WIC Food Packages Final Rule.

Summary

This final rule considers public comments submitted in response to the proposed rule revising the WIC food packages published on Nov. 21, 2022. It revises regulations to align the WIC food packages with the current Dietary Guidelines for Americans and to reflect recommendations from the National Academies of Science, Engineering, and Medicine while promoting nutrition security and equity and considering program administration.

The changes are intended to provide WIC participants with a wider variety of foods that align with the latest nutritional science; provide WIC state agencies with greater flexibility to prescribe and tailor food packages that accommodate participants’ special dietary needs and personal and cultural food preferences; and address key nutritional needs to support healthy dietary patterns. This rule provides foods in amounts that are more consistent with the supplemental nature of the program; encourages fruit and vegetable consumption; and strengthens support for individual breastfeeding goals to help establish long-term breastfeeding.

Dates

Effective date: This rule is effective June 17, 2024.

Implementation dates: See section V of the Supplementary Information.

Compliance dates: This rulemaking consists of multiple provisions. Compliance for each provision is referenced in the Supplementary Information section of this final rule and detailed in the section-by-section analysis.

Severability: If any provision of such section promulgated through this final rule, “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages” (FNS-2022-0007; RIN 0854-AE82), is held to be invalid or unenforceable by its terms, or as applied to any person or circumstances, it shall be severable and not affect the remainder thereof.

Additional Resources

• WIC Food Packages
• WIC Food Package Final Rule Q&As
• Updates to the WIC Food Packages Infographic
• Revisions in the WIC Food Packages Video
• Stakeholder Briefing Recording

The WIC food packages provide supplemental foods to address the specific nutritional needs of income-eligible pregnant, breastfeeding, and non-breastfeeding postpartum individuals, infants, and children up to five years of age who are at nutritional risk.

USDA is updating the WIC food packages to reflect current nutrition science.

Enhancements will promote nutrition security and maternal and child health, increase flexibility for participants and follow Administration’s successful efforts to fully fund WIC

Chicago, April 9, 2024 – Secretary of Agriculture Tom Vilsack announced today that USDA’s Food and Nutrition Service (FNS) has finalized updates to the foods prescribed to participants in the Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC. These science-based revisions incorporate recommendations from the National Academies of Science, Engineering, and Medicine (NASEM) and the Dietary Guidelines for Americans, 2020-2025.

Today’s announcement follows the Biden-Harris Administration’s successful efforts to ensure that WIC was fully funded for FY 2024, including an extra $1 billion for the Special Supplemental Nutrition Program for Women, Infants, and Children. The Administration was able to secure in total over $7 billion in critical funding to provide nearly seven million pregnant women, new mothers, infants, and young children with critical nutritional assistance they need and deserve.

“WIC has a half-century track record of caring for young families. USDA and the Biden-Harris Administration are committed to ensuring that moms, babies and young children continue to thrive through WIC,” said Secretary Vilsack. “These participant-centered changes will strengthen WIC by ensuring the foods participants receive reflect the latest nutrition science to support healthy eating and the brightest futures.”

The WIC food packages are prescribed foods and beverages specifically designed to supplement the foods and beverages participants already consume and fill in key nutritional gaps to support healthy growth and development. FNS proposed changes in November 2022 to align the food packages with the latest nutrition science and support equitable access to nutritious foods during critical life stages. This effort finalizes the changes in consideration of feedback received through public comment.

These improvements to the WIC food packages support fruit and vegetable consumption by increasing the amount provided and the varieties available for purchase. FNS has made permanent a significant boost to the fruit and vegetable benefit provided to WIC participants, providing participants with up to four times the amount they would otherwise receive.

Other enhancements include, but are not limited to:

• Expanding whole grain options to include foods like quinoa, blue cornmeal, and teff to reflect dietary guidance and accommodate individual or cultural preferences.
• Providing more convenience and options within the dairy category, including flexibility on package sizes and non-dairy substitution options such as plant-based yogurts and cheeses and requiring lactose-free milk to be available.
• Including canned fish in more food packages, creating more equitable access to this under-consumed food.
• Requiring canned beans to be offered in addition to dried.
• Adding more flexibility in the amount of infant formula provided to partially breastfed infants to support moms’ individual breastfeeding goals.

The changes will provide participants with a wider variety of foods to support healthy dietary patterns and allow WIC state agencies more flexibility to tailor the food packages to accommodate personal and cultural food preferences and special dietary needs, making the program more appealing for current and potential participants. WIC state agencies will have two years to implement these changes, allowing time to engage with key partners on how best to tailor the new food packages to meet the needs of participants.

“For the 6.6 million moms, babies and young children who participate in WIC – and the millions more eligible to participate – these improvements to our food packages have the potential to make positive, life-long impacts on health and well-being,” said Food and Nutrition Service Administrator Cindy Long.

WIC - Building Healthy Foundations Infographic

WIC is one of the most powerful, evidence-based public health programs available, with a 50-year history of improving health and developmental outcomes for children. Participants receive specialized nutrition, key resources – including nutrition education, breastfeeding support and immunization screening – and referrals to health and social services.

WIC is also uniquely positioned to help reduce racial disparities in maternal and child health outcomes. WIC participation rates are highest among WIC-eligible Hispanic and non-Hispanic Black individuals, and the previous updates to the WIC food packages were shown to help increase access to healthier foods for Hispanic and Latino WIC participants.

Given the program’s proven benefits, FNS is committed to modernizing WIC to maximize its impact throughout participants’ entire period of eligibility. To learn more, visit the WIC Modernization & Innovation webpage.

The updated standards build on the momentum from the historic White House Conference on Hunger, Nutrition and Health, where the Biden-Harris administration unveiled a national strategy to end hunger and reduce diet-related disease by 2030. The conference also supported focus areas to increase food and nutrition security for better health outcomes.

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, ensuring access to healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.

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USDA is an equal opportunity provider, employer, and lender.

USDA has made science-based updates to the WIC food packages – the foods and beverages WIC provides to participants to support their nutritional needs during important life stages and foster healthy growth and development.

Food Package Basics

What are the WIC food packages?

The WIC food packages provide supplemental foods designed to address the specific nutritional needs of income-eligible pregnant, breastfeeding, and non-breastfeeding postpartum individuals, infants, and children up to five years of age who are at nutritional risk.

WIC participants receive a monthly benefit from one of seven science-based food packages, according to their life stage nutritional needs. Participants then use their WIC electronic benefit transfer (EBT) card to buy the food and beverages in their package.

What does it mean that the food packages are supplemental?

The WIC food packages are designed to fill nutritional gaps in participants’ diets by providing specific nutrients via specific foods and beverages. Except for infants under six months of age, the packages are not intended to provide all the foods and beverages a participant needs for a complete diet; rather, they’re intended to build on (i.e., supplement) what participants already eat and drink to provide a balanced and nutritious diet that supports healthy growth and development.

How do the food packages meet participants' specific nutritional needs?

When each applicant applies for WIC benefits, a comprehensive nutrition assessment is conducted, and food packages can be individually tailored to meet participants’ needs. Substitutions, modifications, and/or eliminations of food types can be made to accommodate a participant’s special dietary needs or cultural and personal preferences. For example, a breastfeeding participant who is vegan may swap peanut butter for eggs, while another participant who is allergic to peanut butter could receive canned or dry beans as an alternative.

Why did USDA update the WIC food packages?

The law requires USDA to conduct a comprehensive scientific review of the WIC food packages at least every ten years and update them, as needed, to reflect nutrition science, public health concerns, and cultural eating patterns. USDA is committed to ensuring current nutrition science informs Federal nutrition program standards and updating the WIC food packages is an important part of fulfilling that commitment.

When were the WIC food packages last updated?

USDA last updated the WIC food packages in 2014, largely based on recommendations from the National Academies of Science, Engineering, and Medicine (NASEM) in a 2006 report.¹

¹The National Academies of Science, Engineering and Medicine (NASEM) is a congressionally chartered organization that provides independent, objective advice to inform policy. To date, NASEM has conducted two reviews of the WIC food packages, the first completed in 2006 and informing the food package revisions implemented in 2014, and the second completed in 2017 and informing the current changes.

What type of scientific review did USDA conduct for this update?

In August 2014, FNS contracted with NASEM to conduct another scientific review of the WIC food packages and recommend changes in line with the nutritional status and food and nutrition needs of the WIC-eligible population. On Jan. 5, 2017, NASEM released their report, with numerous recommendations based on their approach to the food packages being a supplemental source of nutrients to the diets of WIC participants, among other considerations. FNS also considered the 2020-2025 DGA recommendations and FDA-EPA's 2021 advice about eating fish to ensure the final revisions reflected the most current nutrition science.

Food Package Changes

How did USDA update the WIC food packages?

In November 2022, USDA published a proposed rule, Revisions in the WIC Food Packages, that considered:

• An independent scientific review completed by NASEM in 2017 with science-based recommendations for updating the WIC food packages to meet the nutritional needs of those eligible for WIC.
• The Dietary Guidelines for Americans, 2020-2025 (DGA), which included new recommendations specifically for life stages relevant to WIC – pregnancy, breastfeeding, infancy, and early childhood (under 2 years of age).
• The FDA-EPA’s 2021 Advice about Eating Fish.
• Program administration and the intent of the food packages, which are supplemental and designed to fill key nutritional gaps.

USDA received over 17,000 comments on the proposed rule during the 90-day comment period and considered this feedback in developing the final rule. The comments came from a variety of sources, including WIC state and local agencies, professional organizations and associations, advocacy groups, health care professionals, universities, members of congress, industry, participants, and the general public. A comprehensive summary of comments is publicly available.

What's changing in the WIC food packages?

The changes align the food packages with the latest nutrition science and better support equitable access to nutritious foods during critical life stages by providing:

• More choices to ensure participants have access to essential nutrients that support healthy growth and development.
• More balance to address key nutritional needs and support healthy dietary patterns.
• More flexibility and variety to accommodate personal and cultural food preferences and special dietary needs.
• More support for individual breastfeeding goals to help establish and sustain long-term breastfeeding.

How will participants benefit from these changes?

WIC is a powerful, evidence-based public health program with a long history of improving health and developmental outcomes for children. Through the WIC food packages, nutrition and breastfeeding education, and referrals, WIC is uniquely positioned as an effective tool to help reduce disparities in maternal and child health outcomes. With over 6.6 million women, infants, and children participating in WIC – and millions more eligible to participate – any changes we can make to better support their health will result in meaningful, long-lasting impacts for children and families.

How do the changes support breastfeeding?

The changes provide more support for moms and babies across a wider range of breastfeeding levels so that breastfeeding is not an all or nothing choice when prescribing food packages by:

• Creating a separate and enhanced food package specifically for mothers who are mostly, but not exclusively, breastfeeding to align with their higher calorie needs.
• Adding flexibility to the amount of formula provided for partially breastfed infants to better support individual breastfeeding goals.
• Providing important nutrients that individuals who are breastfeeding need by offering all breastfeeding participants canned fish and more fruits and vegetables.

How do the changes encourage participants to eat more fruits and vegetables?

The updated food packages provide broad access to the variety of key nutrients found in fruits and vegetables. The final changes encourage participants to eat more fruits and vegetables by increasing the cash-value benefit (CVB) amounts – allowing participants to buy and try more. The final changes also expand what participants can purchase through the CVB such as fresh herbs and larger package sizes of fresh produce.

How do the changes support those with cultural or personal preferences and special dietary needs (such as food allergies or intolerances)?

The changes provide more flexibility, more variety, and more choice for both WIC-administering agencies and participants. These changes build on current accommodations for cultural and personal preferences and limited cooking and/or storage facilities, as well as for individuals with special dietary needs due to medical conditions, while still ensuring WIC foods provide participants with important and priority nutrients. These changes include:

• Adding more non-dairy substitution options for milk, such as plant-based options, and requiring lactose-free milk to be offered.
• Adding more whole grain options to include foods like quinoa, teff, wild rice, millet, corn meal (including blue), and whole wheat naan, which support wider personal and cultural food preferences and can accommodate wheat allergies.
• Significantly increasing the value of the fruit and vegetable benefit, giving participants more buying power and more flexibility to choose the produce they prefer and room to try those less familiar to them.
• Lowering the age at which parents and caregivers can substitute jarred infant fruits and vegetables with a cash value benefit for fruit and vegetables purchases from 9 months of age to 6.

Additional changes that support those with cultural or personal preferences, limited cooking and storage facilities, and special dietary needs such as food allergies or intolerances are summarized in the side-by-side.

Did USDA get feedback on the changes to the WIC food packages?

Yes. Through the 90-day public comment period – starting when USDA published the proposed rule on Nov. 21, 2022 through Feb. 21, 2023 – USDA sought, received, and carefully considered robust feedback from diverse perspectives to inform the final rule and ensure this iteration of food packages best serves WIC participants. USDA appreciates and thanks all those who submitted public comments on the proposed rule. A comprehensive summary of comments is publicly available.

Adjusted Amounts

Why do the changes reduce the juice amounts provided?

By law, WIC is designed to supplement diets and provide nutrients for healthy growth and development. It’s a science-based program that takes into consideration what participants already eat and drink and fills in nutritional gaps.

Research shows that child and adult participants are already getting enough juice in their diet. Prior to the final changes, the WIC food packages provided juice in amounts that were as much as 107 percent of the recommended daily limit as part of a healthy diet. The juice changes – about a half-gallon less each month on average - provide a more balanced amount that’s in line with nutrition science and supported by the American Academy of Pediatrics.

Additionally, the Dietary Guidelines emphasize whole fruits and vegetables, especially for young children. Juice is lower in fiber, a key nutrient that is widely under-consumed. Therefore, consistent with NASEM’s recommendations, USDA reduced juice amounts provided in the food packages and significantly increased the benefit amounts for fruit and vegetable purchases.

While limiting juice consumption is part of a healthy dietary pattern (as shown by the Dietary Guidelines’ s recommended limits), 100 percent juice can be part of healthy diet and is a convenient and cost-effective source of nutrients, particularly vitamin C. Therefore, the final rule provides postpartum participants with the same adjusted amount provided to children, pregnant, and breastfeeding participants.

USDA received nearly 2,000 comments in support of the reduction in juice amounts, including from the American Academy of Pediatrics which cited the importance of consuming juice in moderation and the benefits of whole fruits and vegetables, including dietary fiber.

Why do the changes reduce the amount of milk provided?

By law, WIC is designed to supplement diets and provide nutrients for healthy growth and development. It’s a science-based program that takes into consideration what participants already eat and drink and fills in nutritional gaps.

Additionally, the Dietary Guidelines recommend consuming amounts of foods and beverages to meet nutrient needs while not exceeding calorie limits. Prior to the final changes, the WIC food packages provided 4-6 gallons of milk each month - amounts equal to as much as 128 percent of the recommended daily amount of dairy.

Recognizing the inconsistency with WIC’s supplemental intent, NASEM recommended reducing the milk amounts to provide a more balanced supplement to participants’ diets. USDA adopted NASEM’s recommendation, with the final changes reducing the milk quantities in the packages to 3-4 gallons each month, providing amounts between 71-96 percent of the daily recommended amount of dairy. As a result, WIC continues to provide access to and support milk consumption, which important contains nutrients such as calcium and vitamin D.

Why do the changes eliminate cheese from the fully breastfeeding participant's food package?

Prior to the final changes, the food package for fully breastfeeding participants provided 119 percent of the daily recommended dairy amount and was the only food package to provide cheese as a separate category.

In alignment with NASEM’s recommendations and the Dietary Guidelines, the final changes remove cheese as a separate category to reduce saturated fat in this food package and provide more balance among the food groups. Cheese remains a partial substitution option for milk in all the child and adult food packages. Therefore, fully breastfeeding participants are still able to purchase cheese as part of their package.

How is fish being included in the food packages?

The final changes add 6 ounces of canned fish to food packages for children (1 through 4 years) and allow canned light tuna, chub mackerel, salmon, sardines, and Atlantic mackerel for children.

The final changes also add 10 ounces of canned fish to food packages for pregnant and postpartum participants and 15 ounces for partially breastfeeding participants; and adjusts amounts for fully breastfeeding participants from 30 to 20 ounces.

Lastly, the final changes remove jack mackerel from the WIC-eligible canned fish varieties. The FDA and EPA currently do not have methylmercury data on the commercial canned fish product “jack mackerel” and do not include this product in their joint advice about eating fish.

Differences from the NASEM Recommendations

Why are some changes in the final rule different from what NASEM recommended?

As with the last NASEM report (2006) and subsequent interim (2009) and final changes (2014) to the food packages, USDA made changes in both the 2022 proposed and 2024 final rules based on several factors, outlined in the respective preambles.

These factors largely include:

• Aligning changes with updated nutrition science that emerged since NASEM released their 2017 report, including publication of the 2020-2025 Dietary Guidelines for Americans;
• Ensuring administrative ease for WIC state agencies;
• Building on NASEM's recommendations to accommodate special dietary needs and increase variety and choice;
• Alignment with other federal nutrition program standards where practical and possible; and
• Considering public comments on the proposed rule.

NASEM recommended all breakfast cereals be whole grain. Why are 75 percent of cereals required to be whole grain in the final rule?

The latest Dietary Guidelines note that nearly all Americans – 98 percent – do not meet recommendations for whole grain intake. In their 2017 report, NASEM recommended all cereals WIC provides meet the revised whole grain criteria (i.e., whole grain as the first ingredient) to better support the supplemental nutritional needs of WIC participants. The proposed rule, which included that recommendation, provided an opportunity for USDA to hear directly from WIC-administering agencies, participants, and other individuals and groups via the public comment process.

USDA carefully considered comments on all provisions, and while commenters supported the goal of increasing whole grain consumption, several also expressed concern about the increased burden on small vendors and reduced participant choice.

Among the goals of the final changes are to provide as much participant choice as possible while ensuring the changes reflect current nutrition science and deliver key nutrients. USDA acknowledges that consuming some non-whole grain cereal can contribute to delivering important nutrients for healthy development, including iron and folate. Therefore, USDA modified the provision in the final rule to require at least 75 percent of cereals that WIC state agencies authorize to have a whole grain as the first ingredient.

NASEM provided recommendations for total sugar limits. Why does the final rule include added sugars limits?

Added sugars limits are more consistent with current dietary guidance and through public comment on the proposed rule, USDA received broad general support for the use of an added sugars limit versus a total sugars limit for yogurt and breakfast cereal.

While NASEM provided an added sugars limit for yogurt in its 2017 report, their final recommendation was for a total sugars limit given that FDA's regulation to include added sugars on the Nutrition Facts label was not yet implemented. Thus, NASEM could not review and compare the suggested added sugars limits against marketplace availability, a core tenet of their charge in their report. However, FDA's labeling requirement for added sugars is now in place. The new added sugars limit of ≤ 16 grams per 8 ounces of yogurt aligns with NASEM’s suggested limits, which ranged from 11-18 grams of added sugars per 8 ounces depending on fat content.

To maintain consistency in WIC’s nutrition standards, the final changes also provide an added sugars limit for breakfast cereal – revising the limit per dry ounce from ≤ 6 grams of total sugars to ≤6 grams of added sugars.

Through public comment on the proposed rule, USDA received broad general support for the use of an added sugars limit versus a total sugars limit for yogurt and breakfast cereal. In addition, USDA recognizes the value in maintaining consistency with other federal nutrition programs such as the child nutrition programs, as is practical and in alignment with programs’ legislative intents and operations.

NASEM's recommendations did not include allowing nut and seed butters as a substitute for peanut butter. Why are these products WIC-eligible substitutions for peanut butter in the final rule?

Per the 2020-2025 Dietary Guidelines for Americans (DGA), which came out after NASEM’s recommendations, nut and seed butters are nutritionally equivalent to peanut butter. The DGA include all nut and seed butters within the subgroup of nuts, seeds, and soy products.

NASEM did not specifically recommend adding or prohibiting alternative nut and seed butters as substitutions for peanut butter. However, the change is consistent with current nutrition science and the overall intent of NASEM's recommendations to support the special dietary needs (e.g., allergies) of WIC participants.

Implementation

When do WIC state agencies need to implement the changes?

While state agencies may begin implementing provisions, state agencies must implement the provisions within 24 months from the publication date, with some exceptions.

• State agencies must implement the increased CVV amounts no later than 60 days from the publication date of the final rule.
• For state agencies that authorize yogurt, they must implement the vitamin D requirement for yogurt within 36 months from the publication date of the final rule.

How will the final changes affect the current cash-value benefit (CVB) amounts?

Based on appropriations legislation (PL 118-42), FY 2024 CVB amounts for purchasing fruits and vegetables are currently $26 for child participants, $47 for pregnant and postpartum participants, and $52 for mostly and fully breastfeeding participants. Therefore, all WIC state agencies are currently in compliance with the 60-day implementation deadline for the final changes to the CVB amounts. USDA FNS will provide adjusted inflation amounts for FY 2025 in a policy memorandum in the summer of 2024.

Can WIC state agencies implement the changes early?

Yes, and WIC state agencies are encouraged to implement the final changes before any of the implementation deadlines, so long as:

• For each participant category, WIC state agencies must issue food benefits based on the new food package in its entirety or the current food package. For example, a WIC state agency may not add fish to the current foods and quantities available in the children’s food package and make none of the other required changes to the children’s food package.
• WIC state agencies must also issue the new WIC food packages throughout the entire state agency service area to minimize participant and vendor confusion.

Can WIC state agencies phase in implementation of different food packages?

Yes. WIC state agencies may phase in the new WIC food packages on a participant category basis. For example, all required changes to food packages for children ages 1-4 years may be implemented on a schedule different and separate from changes to food packages for pregnant participants.

Summary

The U.S. Department of Agriculture (“Department”) announces adjusted income eligibility guidelines to be used by state agencies in determining the income eligibility of persons applying to participate in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). These income eligibility guidelines are to be used in conjunction with the WIC regulations.

Dates

Applicable date July 1, 2024.

Description

Section 17(d)(2)(A) of the Child Nutrition Act of 1966, as amended (42 USC 1786(d)(2)(A)), requires the Secretary of Agriculture to establish income criteria to be used with nutritional risk criteria in determining a person's eligibility for participation in the WIC Program. The law provides that persons will be income-eligible for the WIC Program if they are members of families that satisfy the income standard prescribed for reduced-price school meals under section 9(b) of the Richard B. Russell National School Lunch Act (42 USC 1758(b)). Under section 9(b), the income limit for reduced-price school meals is 185 percent of the federal poverty guidelines, as adjusted.

Section 9(b) also requires that these guidelines be revised annually to reflect changes in the Consumer Price Index. The annual revision for 2024 was published by the Department of Health and Human Services (HHS) at 89 FR 2961 on Jan. 17, 2024. The guidelines published by HHS are referred to as the “poverty guidelines.”

Program Regulations at 7 CFR 246.7(d)(1) specify that state agencies may prescribe income guidelines either equaling the income guidelines established under Section 9 of the Richard B. Russell National School Lunch Act for reduced-price school meals, or identical to state or local guidelines for free or reduced-price health care. However, in conforming WIC income guidelines to state or local health care guidelines, the state cannot establish WIC guidelines which exceed the guidelines for reduced-price school meals, or which are less than 100 percent of the federal poverty guidelines. Consistent with the method used to compute income eligibility guidelines for reduced-price meals under the National School Lunch Program, the poverty guidelines were multiplied by 1.85 and the results rounded upward to the next whole dollar.

Currently, the Department is publishing the maximum and minimum WIC income eligibility guidelines by household size for the period of July 1, 2024, through June 30, 2025. Consistent with section 17(f)(17) of the Child Nutrition Act of 1966, as amended (42 USC 1786(f)(17)), a state agency may implement the revised WIC income eligibility guidelines concurrently with the implementation of income eligibility guidelines under the Medicaid Program established under Title XIX of the Social Security Act (42 USC 1396, et seq.). state agencies may coordinate implementation with the revised Medicaid guidelines, i.e., earlier in the year, but in no case may implementation take place later than July 1, 2024. State agencies that do not coordinate implementation with the revised Medicaid guidelines must implement the WIC income eligibility guidelines on or before July 1, 2024.

Income Eligibility Guidelines

This webinar recording provides information about two Requests for Applications (RFAs) focused on the relationship between WIC and maternal health. The webinar includes basic information about the WIC program, information about each funding opportunity, and information about the requirements to submit applications.

This rulemaking codifies the provisions of the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) and implements related changes which will strengthen WIC’s ability to address emergency periods and supply chain disruptions, particularly those impacting infant formula. More specifically, this rulemaking:

• Codifies permanent, expanded waiver authority to ensure continuity of WIC services during emergency periods and supply chain disruptions impacting WIC.
• Requires WIC infant formula cost containment contracts to contain remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to supplemental food access by WIC participants.
• Requires WIC state agencies to include as a part of their state plan a “plan of alternate operating procedures” in the event of an emergency period, supplemental food recall, or other supply chain disruption.

FNS published this rule as a final rule with request for comments. The comment period closed on Feb. 12, 2024. Comments received can be reviewed at Regulations.gov. Please use the below links/resources to learn more about this rule.

Related Resources

• FNS Newsroom Release
• WIC: Implementation of the Access to Baby Formula Act of 2022 and Related Provisions Q&A
• WIC Eligibility Requirements to Bid on State Agency Infant Formula Contracts
• WIC Policy Memorandum #2024-3: Implementing ABFA Requirements in WIC State Plans
• Guide to Coordinating WIC Service During Disasters
• FEMA Disaster and Other Declarations
• HHS Delectations of a Public Health Emergency

General Questions

1. Why is FNS revising WIC regulations and what are the goals of the final rule?

In July of 2022, the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) was signed into law. This rule implements the provisions of ABFA and several other related changes to strengthen WIC’s ability to address certain disasters, emergencies, and supply chain disruptions, particularly those impacting infant formula.

2. What are the main changes in the rule and how will they benefit WIC participants?

The rule will:

• Provide permanent authority for USDA to issue waivers in the event of certain emergencies, disasters, or supply chain disruptions, which will allow state agencies to better meet the needs of WIC participants during program disruptions;
• Require infant formula cost containment contracts include remedies in the event of an infant formula recall that will help participants access infant formula in the event of an infant formula recall; and
• Require state agencies to develop alternate operating procedures that can be used to mitigate the impacts of a disaster, emergency or supply chain disruption on WIC participants and program operations.

3. Where can I find the WIC regulations impacted by the rule?

WIC regulations impacted by this rule can be found at 7 CFR 246.2; 246.4(a)(30); 246.16a(c)(5); 7 CFR 246.16a(n); and 7 CFR 246.29.

4. How did FNS come up with the changes in the final rule?

Many of these changes are required by the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) or are changes related to the implementation of ABFA and are intended to strengthen WIC’s ability to respond to a future crisis. Given the prescriptive nature of ABFA and the need for swift implementation, USDA considered input previously gathered from stakeholders during FNS’s response to the Coronavirus Disease 2019 (COVID-19) public health emergency and infant formula supply chain disruption. We will continue to seek input to ensure the implementation of this rule supports the WIC population and achieves the intended results.

5. When will these changes go into effect?

This final rule will take effect 60 days after publication. WIC state agencies will have additional time to develop alternate operating procedures.

6. Why is this a final rule with request for comment and not a proposed rule?

FNS is implementing the changes as a final rule with request for comment given the need for swift implementation of ABFA and to provide state agencies with the mechanisms to address a disruption to program services that could occur at any time.

7. Who can comment on the rule and how can they do it?

Anyone (individuals and groups) can submit a comment on the rule. FNS is interested in hearing from all of program stakeholders, including members of the public, and encourages comment from anyone interested in or affected by the rule’s provisions.

Comments may be submitted through the Federal eRulemaking Portal. Go to www.regulations.gov and locate the rule by searching “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions,” or follow this link. There are instructions on the platform that will tell you how to submit your comment.

8. What is the deadline for submitting a comment?

Written comments and electronic comments submitted through the Federal eRulemaking Portal must be received on or before Feb. 12, 2024.

9. If the rule is final, what effect will my comments have?

FNS is requesting comments on specific topics to inform future rulemaking, policy, and/or guidance related to infant formula. However, FNS will consider comments on all aspects of the rule when developing guidance and policy to support implementation of this rule.

10. Where can I go to learn more about the rule?

The rule was published in the Federal Register, here: https://www.federalregister.gov. There are also several supporting documents to the rule that can be accessed through that link. Additional information can be found at https://www.fns.usda.gov/wic/fr-121423.

11. Where can I go to learn more about WIC or infant formula in WIC?

To learn more about WIC, please visit https://www.fns.usda.gov/wic.

For information about infant formula in WIC, please visit https://www.fns.usda.gov/fs/infant-formula. For specific information on infant formula cost containment contracts, please see https://www.fns.usda.gov/wic/requirements-infant-formula-contracts.

WASHINGTON, Nov. 3, 2023 – The Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC, is vital to the health and well-being of nearly half of our nation’s babies, along with millions of young children up to age 5 and their mothers. Yet, recent research based on 2021 data published by the U.S. Department of Agriculture’s Food and Nutrition Service shows more than 6 million of those who are eligible for the program are missing out on its proven health benefits.

The just released study reports that an average of 12.13 million moms, babies, and young children were eligible for WIC in 2021. However, only 51%, or 6.21 million, of those who were eligible actually participated.

A number of new findings are included in this year’s report: coverage rates by urban and poverty status; participation rates by state, race, and ethnicity; state estimates by WIC participation category, race, and ethnicity; and nonparticipation rates among Medicaid and SNAP participants.

While eligibility estimates for 2022 and 2023 are not available yet, preliminary data shows that WIC participation is rising in most states, with 6.7 million moms, babies and young kids benefitting from the program today. But sustaining that progress will depend on congressional action to maintain the longstanding bipartisan commitment to provide enough funding for WIC to serve all eligible people seeking to join the program. The Biden-Harris Administration asked Congress early this fall to fund WIC at the level needed to support this increased participation, but Congress has yet to take action on the request.

A failure to fully fund WIC this fiscal year means some states would likely need to put eligible families on waiting lists.

“We’re making progress in connecting more of our nation’s youngest children and moms with WIC’s life-changing benefits,” said Agriculture Secretary Tom Vilsack. “It’s up to Congress to fully fund WIC this fiscal year and continue the 25-year bipartisan track record of making sure every eligible low-income mom, infant, and child seeking WIC services can get the vital nutrition they need to thrive.”

WIC provides mothers and young children with supplemental nutritious food, nutrition education, breastfeeding support, immunization screening, and important health and social services referrals. A strong body of research supports the positive impact of these benefits. For example, WIC mothers and children are more likely to eat healthy. WIC participation also results in fewer infant deaths, fewer premature births, and increased birth weights — and it is shown to reduce healthcare costs.

Recognizing these powerful outcomes, Congress has fully funded the program for decades, allowing USDA and its state agency partners to provide these robust benefits and services to all those who are eligible and wish to participate.

Congress also provided USDA with funding in the American Rescue Plan Act to modernize and strengthen the program so that it reaches more eligible families and serves them well throughout the entire time they’re eligible. FNS investments include prioritizing outreach, improving the shopping experience, investing in and diversifying the WIC workforce, and enhancing technology and service delivery.

“The Biden-Harris Administration is committed to creating a healthier future for our country and that starts by ensuring every mom, baby and child in the U.S. receives the nutrition they need to achieve their full potential,” said Stacy Dean, deputy under secretary for Food, Nutrition and Consumer Services. “By closing the WIC participation gap, we can make incredible progress on addressing hunger, nutrition and health in America.”

Learn more about how WIC builds healthy foundations and how FNS is modernizing WIC at the FNS website.

USDA’s Food and Nutrition Service works to end hunger and improve food and nutrition security through a suite of 16 nutrition assistance programs, such as the school breakfast and lunch programs, WIC and SNAP. Together, these programs serve 1 in 4 Americans over the course of a year, promoting consistent and equitable access to healthy, safe, and affordable food essential to optimal health and well-being. FNS also provides science-based nutrition recommendations through the co-development of the Dietary Guidelines for Americans. FNS’s report, “Leveraging the White House Conference to Promote and Elevate Nutrition Security: The Role of the USDA Food and Nutrition Service,” highlights ways the agency will support the Biden-Harris Administration’s National Strategy, released in conjunction with the historic White House Conference on Hunger, Nutrition, and Health in September 2022. To learn more about FNS, visit www.fns.usda.gov and follow @USDANutrition.

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Each year the Food and Nutrition Service, Special Supplemental Nutrition Program for Women, Infants and Children announces the WIC Breastfeeding Award of Excellence program, formerly known as the Loving Support Award of Excellence. The award program was established to recognize local WIC agencies that have provided exemplary breastfeeding promotion and support activities. The intent is to provide models and motivate other local agencies to strengthen their breastfeeding promotion and support activities and ultimately increase breastfeeding initiation and duration rates among WIC participants.

The award is given at three levels of performance that build on one another: Gold, Premiere, and Elite. This approach recognizes three groups of agencies that include those that are demonstrating model practices, as well as those who are at varying stages of implementing exemplary breastfeeding promotion and support practices.

In 2023 there were: 111 Gold Awards, 13 Premiere Awards, and 1 Elite Award.

Click on any state below to view 2023 awardees in that region.

Mid-Atlantic Region (MARO)

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Mountain Plains Region (MPRO)

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Midwest Region (MWRO)

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Northeast Region (NERO)

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Southeast Region (SERO)

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Southwest Region (SWRO)

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Western Region (WRO)

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Infant Formula Contracts in WIC

WIC provides infant formula for eligible participants. Since 1989, Congress has required WIC state agencies to competitively solicit bids from infant formula manufacturers to supply and provide a rebate (i.e., discount) for each can of formula purchased with WIC benefits. The WIC state agency then awards a single-supplier contract to the manufacturer offering the highest discount on wholesale prices. This contract is between the WIC state agency and manufacturer and is subject to state specific procurement laws, policies, and processes.

Infant formula rebate contracts significantly lower WIC food costs and allow the program to provide benefits to every eligible infant participating in the program. For more information, see “What is the WIC infant formula rebate system?” on the WIC FAQ page.

The diagrams below indicate which manufacturers currently hold the WIC infant formula contract for each state agency.

What are the requirements for infant formula?

Manufacturers must supply infant formula that:

• Complies with the definition of "infant formula" in the Federal Food, Drug, and Cosmetic Act (21 USC 321(z)) and meets the requirements for an infant formula under section 412, and regulations at 21 CFR 106 and 107.
• Is nutritionally complete and does not require any ingredient other than water prior to being served in a liquid state.
• Designed for enteral digestion via oral or tube feeding.
• Provides at least 10 mg iron per liter (at least 1.5 mg iron/100 kilocalories) at standard dilution.
• Provides at least 67 kilocalories per 100 milliliters (approximately 20 kilocalories per fluid ounce) at standard dilution.

At least once a year, state agencies must provide all authorized WIC vendors with a list that includes the names and addresses of the infant formula wholesalers, distributors, and retailers licensed in the state in accordance with state law, and infant formula manufacturers registered with the Food and Drug Administration (FDA) that provide infant formula. FNS has provided information about the requirements and best practices for oversight of the infant formula suppliers list.

FNS Infant Formula Rebate Solicitation Checklist Tool (the Checklist)

This Excel-based tool may be used in developing state agencies’ infant formula rebate contract solicitations. This tool provides technical assistance that is clear, consistent and up-to-date. FNS does not provide state procurement guidance – state agencies should consult with their legal and procurement offices when developing bid solicitations and processes.

Are there currently any open solicitations for manufacturers to bid on?

State solicitations for infant formula rebate bids must be conducted in a manner that maximizes full and open competition. Manufacturers should consult state solicitations for complete details of state requirements.

Below is the list of WIC state agencies with open solicitations for bids. Click the name of the WIC state agency to be redirected to the state procurement website for complete information about the solicitation.

• OK Alliance

Please contact the WIC state agency with specific questions about current rebate contracts. The information provided here is secondary to information made available on the state procurement website.

FNS has invested $31.5 million into a 5-year Inter-Agency Agreement (IAA) with USDA’s National Institute of Food and Agriculture (NIFA) to develop and support the WIC workforce. This multi-year WIC workforce project will invest in research, education, and extension to address issues in the WIC workforce, with the ultimate goal of improving the WIC participant experience.

Supporting the WIC workforce will ensure that families receive timely, culturally relevant care from skilled WIC staff. In July 2023, USDA awarded a cooperative agreement to the University of Minnesota to develop a National WIC Workforce Strategy that will inform the remainder of this project. The strategy, released in May 2024, has informed two additional RFAs, also released in May 2024, to be awarded by the end of September. 

Key Activities

WIC Workforce Development Initiative

Key Partners

• USDA National Institute of Food and Agriculture
• University of Minnesota Extension

Related resources

• Press Release: USDA Announces WIC National Strategy, $29M in Supporting Funding Opportunities to Strengthen WIC Workforce (5/23/24)
• National WIC Workforce Strategy (05/21/24)
• Request for Applications: Workforce - Evaluation and Technical Assistance Center (05/21/24)
• Request for Applications: Workforce - Implementation Projects (05/21/24)
• Press Release: FNS, NIFA Partner to Invest in a Strong and Diverse WIC Workforce (07/27/23)
• Request for Applications: WIC National Workforce Strategy Development (02/16/23)
• Press Release: FNS, NIFA Partner to Improve WIC Participant Outcomes by Investing in a Strong and Diverse Workforce (02/16/23)
• WIC Learning Online
• Value Enhance Nutrition Assessment in WIC
• WIC Works Resource System

WIC contributes to healthy outcomes for moms and their young children, yet only half of eligible women, infants, and children participate in the program (FNS, 2023). To make sure that eligible families know about WIC and the benefits it provides, FNS is investing in outreach.

Key Activities

Overview

The WIC Farmers’ Market Nutrition Program provides a seasonal benefit to WIC participants to use at farmers’ markets, or with farmers, to purchase fresh and locally grown fruits and vegetables. The Program has always used paper coupons, but with the banking industry and other benefit programs shifting to eSolutions for transactions, this program has an urgent need to modernize in order to continue operating. eSolutions reduce administrative burden for program staff, market managers, farmers, and participants. Since FY 2022, FNS has awarded over $9 million in grants to 37 State agencies to support WIC FMNP eSolutions.

Grantee Summaries