WIC Policy Memo 2024-5: Implementing the Provisions of the Revisions in the WIC Food Packages Final Rule

On April 18, 2024, FNS published the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages final rule. Through this policy memorandum, FNS formally describes the timeline and parameters for implementation of the provisions of the final rule.

Background

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revision in the WIC Food Packages (which will be referred to throughout this document as the final rule) was published in the Federal Register (89 FR 28488). The final rule is effective June 17th. While state agencies may implement provisions beginning on the effective date, state agencies will have 24 months from the date of publication to implement provisions from the final rule with some exceptions. FNS revised the implementation timeline for the final rule based on public comments received during the proposed rulemaking stage.

Food Packages Final Rule Implementation Periods

The provisions in the final rule must be implemented within 24 months with two exceptions:

• The Cash Value Voucher/Benefit (CVV/B): Implementation of the CVV/B amounts must occur within 60 days after publication of the rule. Amounts will be adjusted annually for inflation. For fiscal year (FY) 2024, implementation of the CVV/B amounts in the final rule occurred via WIC Policy Memorandum #2024-1, based on enacted appropriations legislation, at the inflation adjusted amounts of $26 for child participants, $47 for pregnant and postpartum participants, and $52 for fully and partially breastfeeding participants. FNS will provide adjusted inflation amounts for FY 2025 in a policy memorandum to be published the summer of 2024.
• Vitamin D yogurt specification: Implementation of the vitamin D specification for yogurt must be completed within 36 months after publication of the final rule.

Table - Implementation Timeline

*For FY 2024, the inflation adjusted CVV/CVB amounts are $26 for child participants, $47 for pregnant and postpartum participants, and $52 for fully and partially breastfeeding participants.¹ For FY 2025, FNS will provide the inflation adjusted amounts prior to the start of the FY.

Implementation Parameters

After the effective date of this rule June 17th, WIC state agencies are allowed and encouraged to implement the provisions before any of the implementation dates provided above, so long as the requirements below are met.

• For each participant category, WIC state agencies must issue food benefit amounts based on either the new food package in its entirety or maintain the current food package. For example, a WIC state agency may not add fish to the current foods and quantities available under the children’s food package and make no other changes to the children’s food package required by this final rule.
• WIC state agencies may phase-in the new WIC food packages on a participant category basis. For example, all 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 all pregnant participants.
• WIC state agencies must issue the new WIC food packages throughout the entire state agency service area to minimize participant and vendor confusion.
• WIC state agencies may implement any provisions expanding substitution options state agency-wide (e.g., additional whole grain options) at any time following the effective date of June 17, 2024, including before implementation of the changes to the food packages.

State agencies may submit policies and procedures related to implementation for approval in advance of required implementation dates. For example, state agencies may submit their implementation policies and procedures for review and approval with their FY 2025 State Plan submission (due Aug. 15, 2024) prior to the implementation date. The FY 2025 State Plan submission must include current policies and procedures in addition to any submitted in advance of implementation later in the fiscal year. FNS will provide additional technical assistance resources to support state agencies in updating their policies and procedures.

Prior to implementing any changes to the program, state agencies should develop communication and training plans, when appropriate, for all program stakeholders affected by the final rule.

The policies and procedures for the required provisions must be implemented no later than the dates provided in this memorandum. FNS is committed to working with state agencies on timely implementation. If a state agency determines that they need time beyond the stated implementation dates for a required provision, they should contact their FNS regional office.

State agencies may direct any questions to their respective FNS regional office.

Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs

¹ WIC Policy Memorandum #2024-1: Fiscal Year 2024 Cash-Value Voucher/Benefit Amounts