WIC: Revisions in the WIC Food Packages - Interim Rule

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This interim rule, published in the Federal Register on Dec. 6, 2007, revises the WIC food packages. The revisions align the WIC food packages with the Dietary Guidelines for Americans and infant feeding practice guidelines of the American Academy of Pediatrics. The interim rule revisions largely reflect recommendations made by the Institute of Medicine (IOM) of the National Academies in its report, "WIC Food Packages: Time for a Change," with certain cost containment and administrative modifications found necessary by the Department to ensure cost neutrality. An interim rule allows FNS to obtain feedback on the major changes as recommended by IOM while allowing implementation to move forward. All WIC State agencies were required to implement the revisions by Oct. 1, 2009. New food packages are now being provided to WIC participants in all states. The interim rule comment period ended Feb. 1, 2010. A final rule is currently in clearance.

* March 18, 2008 - The Federal Register published a document which delays from Aug. 5, 2009 until Oct. 1, 2009 the implementation date of the interim rule entitled Special Supplemental Nutrition Program for Special Supplemental Nutrition Program for Women, Infants, and Children : Revisions in the WIC Food Package, which was published in the Federal Register on Dec. 6, 2007, 72 FR 68966, and became effective on Feb. 4, 2008.

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* Dec. 31, 2009 - This rule increases the amount of cash value vouchers from $8.00 to $10.00 issued to pregnant, postpartum and partially breastfeeding women participants for the purchase of fruits and vegetables as part of the WIC food packages. Comments are due on Feb. 1, 2010.

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Additional data and tables - these tables provide additional detail for the regulatory impact analysis for the WIC Food Package Interim Rule.

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Background: Revisions in the WIC Food Package

Federal Regulatory requirements for WIC-Eligible Foods

WIC Regulations are published by the Federal Register in the Code of Federal Regulations, 7 CFR Part 246.10. Modifications have been made under a final rule published March 4, 2014.

1. How do I get a food product on a state WIC program's approved food list?

Manufacturers may submit product information to WIC state agencies. It is each WIC state agency’s responsibility to identify foods that are acceptable for use in its WIC program in accordance with federal WIC regulations 7 CFR Part 246.10. . In addition, WIC-eligible food products must comply with all applicable federal, state, and local laws and regulations governing these products. State agencies use these requirements when determining which WIC-eligible foods to approve for their state WIC food lists. A state agency does not have to approve all foods that meet WIC eligibility requirements.

When making decisions about which types, brands, and physical forms of WIC-eligible foods to authorize, state agencies consider factors such as:

• Nutrient profile
• Price
• Product availability in a state
• Container size
• WIC participant acceptance
• Program management costs

The maximum monthly allowances of WIC foods (For Children and Women and For Infants in Food Packages I, II and III) affect which container sizes and physical forms of WIC foods state agencies may authorize for the program. State agencies are required to authorize container sizes that provide the full maximum monthly allowance of foods without exceeding the maximum.

2. What information should a food manufacturer submit for WIC-eligibility determination?

• Electronic copies of actual package flats or labels for the product. For those foods that must comply with the Nutrition Labeling and Education Act of 1990 and relevant Food and Drug Administration (FDA) labeling regulations (21 CFR Parts 100-169), include electronic copies of the Nutrition Facts panels. Files should be JPG or GIF formats.
• Universal Product Code (UPC).
• Nutrient profiles for the product, in the form as sold or at standard dilution (if relevant), expressed in metric measurements in accordance with applicable Federal WIC regulations (7 CFR Part 246.10. ).
• Ingredients of the product, listed in decreasing order of predominance by weight.
• Include written verification that the product meets federal WIC requirements. For example, is the juice 100% fruit/vegetable juice; what is the vitamin C fortification level in milligrams per 100 milliliters?
• Copies of product literature, if available, providing additional details about the development and/or intended use of the product, such as brochures or monographs.
• Available forms of the product.
• Types and sizes of all product package containers.
• Average/suggested retail prices for the product per container size.
• Date when the product will be available on the market, if it is a new item.
• Expected or current geographic and store distribution of the product (e.g., confirmation that the product is, or will be, available nationally, or just in certain states or regions of the United States and its territories, and a list of the major chain stores that will sell or currently sell the product).

WIC state agencies may request additional information consistent with their state-specific WIC food criteria (i.e., processing method). Manufacturers that request WIC state agencies to include their products on state-approved WIC food lists have a responsibility to inform those state agencies about any changes in the products’ formulation or nutritional value.

3. What information is needed for determining WIC-Eligible Infant Formulas and Exempt Infant Formulas?

Regulatory requirements for infant formulas/exempt infant formulas.

• Precise brand name of the product, including the name of the manufacturer.
• Name and phone number of the manufacturer representative who the WIC state agency should contact to purchase the product directly from the manufacturer.
• Under section 412 of the Federal Food, Drug and Cosmetic Act (FFDCA), a manufacturer who intends to market a new infant formula in the United states must register with; must notify; and must submit written verification to FDA.
• Is the product a new formula or a reformulation of an existing product? Information about Food and Drug Administration’s regulation of infant formula and exempt infant formula notification process can be found at http://www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/infantformula/default.htm (Please note: any reformulation that would meet the definition of a "major change" to the formula per section 412(c)(2)(B) of the FFDCA 21 CFR 106.30(c)(2), such as the addition of a new ingredient or a significant change in the amount of protein, fat or carbohydrate, will need to be re-evaluated for WIC-eligibility.)
• The product meets the definition of an exempt infant formula or infant formula in section 412 (h) of the FFDCA (21 USC 350a(h)) or section 201(z) of the FFDCA (21 USC 321(z)).
• The product has been introduced into interstate commerce (via a point of sale either online and/or retail), which means that the product meets the requirements for an infant formula under section 412 of the FFDCA, as amended (21 USC 350a) and the regulations at 21 CFR parts 106 and 107.
• The product is intended for enteral digestion and it can be used as an oral and/or tube feeding.
• The product is nutritionally complete, not requiring the addition of any ingredients other than water before being served in a liquid state.
• WIC-Eligibility category (infant formula, exempt infant formula).
• Product type (standard milk-based, soy-based, hydrolyzed milk-protein, amino acid-based, etc.).
• Electronic product labels for each physical form which should include nutrient level and an ingredient listing.
• Nutrient composition of each physical form including caloric content. (This should include iron content in terms of milligrams per liter or milligrams per kilocalories of formula and the calorie content in terms of kilocalories per reconstituted fluid ounce of formula, such as 20 kcal/oz.)
• Indication for product use in WIC (e.g., prematurity, inborn errors of metabolism, malabsorption syndromes)
• Recommended age of use.
• Physical form of product (i.e., liquid concentrate, powder, ready-to-feed).
• If product comes in additional flavors.
• Other product information: the product’s special characteristics; how the product should be prepared/ served.
• Identification of the different product container sizes, unit type (e.g., can, bottle, etc.), and packaging (e.g., single units versus multiple-packs or cases).
• Universal Product Code (UPC).
• Price List
• Reconstituted yield (e.g., total fluid ounces), as consumed, per container and/or package size of product.
• Where the product is available (e.g., from pharmacies, grocery stores, directly from the manufacturer).

4. What information is needed for determining WIC-Eligible Nutritionals?

Regulatory requirements for WIC-Eligible Nutritionals.

• Precise brand name of the product, including the name of the manufacturer.
• Name and phone number of the manufacturer representative who the WIC state agency should contact to purchase the product directly from the manufacturer.
• The product is intended for enteral digestion and it can be used as both an oral and/or tube feeding. WIC-eligibility category (i.e., WIC-eligible nutritionals ); medical documentation required for issuance.
• Product type (e.g., amino acid-based, inborn errors of metabolism).
• The product provides a source of calories and one or more nutrients (may be nutritionally complete or incomplete).
• Electronic product labels for each physical form which should include nutrient level and ingredient listing.
• Nutrient composition of each physical form including caloric content (the calorie content in terms of kilocalories per reconstituted fluid ounce of formula (e.g., 20 kcal/oz).
• Intended uses of the product, including identification of the types of medical conditions for which the product was designed (e.g., inborn errors of metabolism, malabsorption syndromes, severe food allergies).
• Recommended age of use.
• Physical form (e.g., liquid concentrate, powder, ready-to-feed or ready-to-use).
• If product comes in additional flavors.
• Other product information: the product’s special characteristics: how the product should be prepared/ served.
• Identification of the different product container sizes, unit type (e.g. can, bottle, sachet, etc.), and packaging (e.g., single units versus multiple-packs or cases).
• Universal Product Code (UPC).
• Price List
• Product reconstituted yield, as consumed, per container and/or package size of product or per standard preparation guidelines/ common dosage recipe.
• Where the product is available (e.g., from pharmacies, grocery stores, directly from manufacturers).
• Formulas used solely for the purpose of enhancing nutrient intake or managing body weight addressing picky eaters or used for a condition other than a qualifying condition (e.g., vitamin pills, weight control products).
• Medicines or drugs.
• Hyperalimentation feedings (nourishment administered through a vein).
• May not be a conventional food.
• Enzymes, herbs, or botanicals.
• Oral rehydration fluids or electrolyte solutions.
• Flavoring or thickening agents.
• Feeding utensils or devices (e.g., feeding tubes, bags, pumps) designed to administer a WIC-eligible formula.
• Sports or breakfast drinks.

5. How do I get a food added to the WIC food packages?

Any changes or additions to the WIC-eligible foods as identified in WIC federal regulations 7 CFR Part 246.10. require regulatory or legislative action.

6. What are the WIC food packages and maximum monthly allowances?

• Foods for Children and Women
• Foods for Infants In Food Packages I, II and III