On Dec. 14, 2023, we published a final rule that went into effect on Feb. 12, 2024. In reviewing the resulting changes to the Code of Federal Regulations, we found that the final rule inadvertently omitted provisions from the CFR and contained several non-substantive errors. This document corrects those errors in the WIC regulations.
On Nov. 12, 2025, President Trump signed the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 into law. Section 787 of the Act directs USDA to update the maximum monthly allowance of fluid milk for certain food packages provided in the WIC program.
FDA and USDA (we) are extending the comment period for the notice that appeared in the Federal Register of July 25, 2025. In the notice, we requested data and information to help develop a uniform definition of ultra-processed foods. In response to requests for an extension, we are extending the comment period until Oct. 23, 2025, to allow interested persons additional time to submit comments.
This is an extension, without change, of a currently approved collection. The purpose of performing consumer research is to identify consumers' understanding of proposed nutrition education messages and obtain their reaction to prototypes of nutrition education products, including internet-based tools. The information collected will be used to refine messages and improve the usefulness of products as well as aid consumer understanding of Dietary Guidelines-grounded messages and related materials.
Attachment B can help answer additional questions about flexibilities available to state agencies when implementing the revised WIC food packages.
State agencies are responsible for identifying the brands, types, and forms of WIC-eligible foods, including substitution options, to authorize for their state food list and must include more than one product for most WIC food categories. While state agencies have flexibility and options when making these determinations, they are required to authorize certain substitution types and forms to ensure WIC families are receiving a package of healthy foods.
In alignment with Agriculture Secretary Brooke Rollins’ priorities to encourage healthy choices, healthy outcomes, and healthy families and connect America’s farmers to nutrition assistance programs, we are revising the CSFP Maximum Monthly Distribution Rates to reflect the foods currently available in the program.
FDA and USDA (we) are requesting data and information to help develop a uniform definition of ultra-processed foods (UPF or UPFs) for human food products in the U.S. food supply. A uniform UPF definition, developed as part of a joint effort by federal agencies, would allow for consistency in research and policy to pave the way for addressing health concerns associated with the consumption of UPFs.
As a reminder, meals and snacks offered through the child nutrition programs may be claimed for federal reimbursement if they meet the federal nutrition requirements and other federal regulations. State agencies may not withhold federal reimbursement for meals that meet the federal requirements, even if additional state requirements are not met. However, if a state provides an additional reimbursement above the federal reimbursement, they may withhold the state reimbursement.
Under the leadership of Secretary Brooke Rollins, USDA is prioritizing the clarification of statutory, regulatory, and administrative requirements of the National School Lunch Program and the School Breakfast Program.