Milk
- What does "requires authorization for lactose-free milk” mean?
In addition to offering fluid, unflavored cow’s milk, WIC state agencies must also offer lactose-free unflavored cow’s milk on their state food list. Lactose-free milk may be offered to a participant to accommodate special dietary needs, cultural practices, or a personal preference identified during an individual nutrition assessment.
- Are flavored milks with non-nutritive sweeteners WIC-eligible if they meet the added sugar requirements?
No. Only unflavored cow’s milk is permitted in WIC.
Plant-Based Milk Alternatives
- What types of plant-based milk alternatives are WIC-eligible?
State agencies may offer any plant-based milk alternative that meets the requirements outlined in Table 4 of 246.10(e)(12). This may include but is not limited to almond, soy, or oat milk.
While the nutritional content of many plant-based milk alternatives currently available in the retail marketplace may not meet federal WIC nutrient requirements, the pathway the Department created through the final rule allows WIC state agencies to add such products as they become available.
- Why is there an added sugar limit for plant-based milk alternatives?
The final rule established an added sugar limit for WIC-eligible plant-based milk alternatives to align with the Dietary Guidelines for Americans, 2020-2025 (DGA) recommendations on limiting added sugar.
- Can soy milk with flavoring be allowed?
Yes. Plant-based milk alternatives, including soy-based beverages, may be flavored or unflavored so long as the product contains no more than 10g of added sugars per cup (see Table 4 of 246.10(e)(12) for the full list of federal minimum requirements).
- The regulation specifically states that cow’s and goat’s milk may be shelf-stable but there is no similar statement for plant-based milk alternatives. Are shelf-stable plant-based milk alternatives allowed?
Yes. Shelf-stable plant-based milk alternatives are allowed. The minimum nutrient standards in 246.10(e)(12) must still be met for shelf-stable plant-based milk alternatives.
- Prior to the final rule, WIC regulations required medical documentation to substitute soy-based beverages for milk for children. Can state agencies remove this requirement immediately and prior to implementing other changes?
Yes, this change may be made at any point during the 24-month implementation period ending April 20, 2026.
- Is medical documentation required to issue plant-based milk alternatives?
Outside of Food Package III, medical documentation is not required to issue plant-based milk alternatives or other milk substitutions. Furthermore, state agencies may not require medical documentation to issue any milk substitution, as noted in the preamble of the final rule. Outside of Food Package III, requiring medical documentation to issue foods creates an unnecessary burden on participants and may lead to inequitable access to WIC-eligible foods.
Yogurt and Cheese
- What does it mean to “increase the yogurt substitution amount for milk”?
This means that WIC participants can substitute up to two quarts of yogurt for two quarts of milk. Prior to the final rule changes, WIC participants could only substitute one quart of yogurt for one quart of milk.
- Is reduced fat yogurt made with 2% milkfat allowed for a 1-year-old child (i.e., 12–23 months old)?
Yes. Reduced fat yogurt made with 2% milkfat is allowed for a 1-year-old.
- What types of yogurts can be issued to a 1-year-old child?
Whole fat or low-fat yogurts may be substituted for fluid milk for a 1-year-old children, and both are considered standard issuance for this age group. Nonfat yogurts may be issued to 1-year-old children after an individual nutrition assessment when overweight or obesity is a concern.
- What fat percentage is low-fat yogurt and nonfat yogurt referring to?
Low-fat yogurt is considered 0.5% to 2% milk fat and nonfat yogurt is 0% milk fat.
- Can whole fat yogurt be authorized to children 2 years and older?
Outside of Food Package III, low-fat or nonfat yogurts are the only types of yogurts allowed for children 2 years and older. For Food Package III, issuance of whole or reduced-fat yogurt may be substituted for low-fat or nonfat yogurt for children 2 years and older as determined appropriate by the health care provider per medical documentation.
- Can WIC state agencies make milk, cheese, or yogurt the default package, instead of just milk?
While state agencies may not categorically issue any milk substitution (e.g., cheese or yogurt), they may explore options within their MIS to reduce administrative burden for WIC staff when individually tailoring food packages.
If a state agency establishes pre-tailored food packages in their MIS for administrative convenience, they must ensure that each participant is informed about and can be issued the standard foods in their prescribed food package outlined in regulations at 7 CFR 246.10(e), 7 CFR 246.10(b)(2)(ii)(A), and 246.11(a)(1).
- Is substituting cheese and yogurt for milk still considered food package tailoring?
Yes. Substituting cheese and yogurt for milk is considered nutrition tailoring.
Nutrition tailoring includes modifying an individual food package to better meet a participant’s supplemental nutritional needs. It includes making substitutions, reductions, and eliminations to food types and physical food forms to accommodate special dietary needs, cultural practices, and personal preference.
If a state agency establishes pre-tailored food packages in their MIS for administrative convenience, they must ensure that WIC staff explain to each participant how their prescribed food package was modified.
- Would FNS allow children 12-24 months in food package IV-A to just get whole fat yogurt until the MIS can be modified to enable issuance of the low-fat and whole fat options for yogurt as standard issuance?
If yogurt is substituted for milk in Food Package IV-A , then both low-fat and whole fat yogurt must be available to the participant as a choice at the store. While a WIC state agency is working to enhance the functionality of their MIS, they may offer a participant the choice of either low-fat or whole fat yogurt at the time of issuance in the clinic.
- How much vitamin D do milk, yogurt, and plant-based milk alternatives need to contain?
Per cup, reduced-fat, low-fat and nonfat dairy-based milk must contain 100 IU of vitamin D and plant-based milk alternatives must contain 100 IU of vitamin D; these amounts did not change under the final rule.
Per cup, both dairy- and plant-based yogurt must contain 106 IU of vitamin D, which is a new requirement (see Table 4 of 246.10(e)(12) for the full list of federal minimum requirements).
- Will the new Vitamin D requirements for yogurt impact the variety of yogurts currently available to WIC participants?
Based on comments on the proposed rule and the extended implementation timeframe for this requirement (April 2027 – 36 months after publication of the final rule), state agencies should be able to offer WIC participants a variety of vitamin D fortified yogurt options in the marketplace.
