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State Agency Options and Select Federal Requirements

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.

The table below provides a high-level summary of certain requirements (see 7 CFR 246.10 for full requirements) and available state agency options. All foods authorized must meet federal minimum nutrient requirements in 7 CFR 246.10(e)(12); state agencies may also establish additional criteria per 7 CFR 246.10(b)(1)(i).

Food CategoryFederal RequirementState Agency Option
Cow's Milk

Required Substitution: N/A
If authorized, when substituting cheese for milk, state agencies may not eliminate the “dangling quart” as a cost-containment measure. States may issue half gallon containers every other month to contain costs.

More-than-one provision: N/A satisfied by the two types that regulations require.
Types: Unflavored cow’s milk and lactose-free milk

Substitution Options:

  • Dairy and plant-based cheese
  • Dairy and plant-based yogurt (flavored or unflavored)
  • Plant-based milk alternatives (flavored or unflavored)
  • Tofu

Forms: fluid, shelf-stable, dry, or evaporated
Types: cultured, acidified, UHT, goat

Organic

Additional state agency criteria

Juice

Required Substitution: Cash value-voucher/benefit (CVV/B).1,2

More-than-one provision: At a minimum, the state agency must authorize more than one variety of juice (e.g., orange, tomato, etc.).

Substitution Option: N/A

Forms: fresh, concentrated, frozen, canned, or shelf-stable
Types: single varieties (orange) and blends (orange-pineapple)

Combinations of single-strength and concentrated juices may be issued provided that the total volume does not exceed the maximum monthly allowance (MMA) for single-strength juice.

Organic

Additional state agency criteria

Breakfast Cereal
(ready-to-eat and instant and regular hot cereals)

Required Substitution: N/A

More-than-one provision: At a minimum, the state agency must authorize more than one cereal grain (whole wheat, oat, corn, etc.).

At least 75% of cereals on the state authorized foods list (AFL) must meet whole grain criteria.

Substitution Option: N/A

More than 75% of cereals on the state AFL can meet whole grain criteria (up to 100%).

Organic

Additional state agency criteria

Whole Wheat Bread, Whole Grain Bread
(includes buns and rolls)

Required Substitution: N/A

More-than-one provision: At a minimum, the state agency must authorize more than one of these breads (i.e., whole wheat bread and whole grain bread, or whole wheat bread and 100% whole wheat rolls).

Substitution Option: Authorize any of the whole grain options listed in Table 4 (7 CFR 246.10(e)(12))

Additional state agency criteria

Fruits and Vegetables
(CVV/B)

Required Substitution: N/A

More-than-one provision: N/A

Forms: Fresh and one other form (dried, frozen, canned)

Organic

May not selectively choose which WIC-eligible fruits and vegetables to authorize.

Substitution Option: N/A

Forms: Authorize more than two forms.

Authorize fresh herbs 3

Authorize larger package sizes of fresh produce

Additional state agency criteria

Eggs

Required Substitutions:

  • 1 pound dry or 64 ounce canned mature legumes
  • 18 ounce peanut butter

More-than-one provision: N/A

Substitution Options:

  • 1 pound of tofu
  • 18 ounce nut or seed butters

Forms: fresh shell, dried, liquid; hard boiled (for homeless only)

Organic

Brown or other eggshell colors

Size (medium, large, etc.)

Additional state agency criteria

Peanut Butter

Required Substitution: 1 pound dry or 64 ounce canned mature legumes

More-than-one provision: N/A

Substitution Option:18 ounce nut or seed butter

Organic

Additional state agency criteria

Mature Legumes
(beans and peas)

Required Substitution: 18 ounce peanut butter

More-than-one provision: At a minimum, the state agency must authorize more than one type of legume (e.g., black beans and kidney beans).

Forms: Dried and canned

Substitution Option:18 ounce nut or seed butter

Type: Baked beans- only for participants with limited cooking facilities.

Organic

Additional state agency criteria

Canned Fish

Required Substitution: N/A

More-than-one provision: At a minimum, the state agency must authorize more than one variety (e.g., salmon and light tuna).

Substitution Option:N/A

Type: Boneless or skinless, added sauces and flavorings (e.g., tomato sauce, mustard).

Packed in water or oil

Wild-caught or farm-raised

Additional state agency criteria

Infant Cereal
(6-11 months)

Required Substitution: N/A

More-than-one provision: At a minimum, the state agency must authorize more than one cereal grain (e.g., oat and multi-grain).

Substitution Option:N/A

Organic

Additional state agency criteria

Infant Food
Fruits and Vegetables
(6-11 months)

Required Substitution: N/A

More-than-one provision: At a minimum, the state agency must authorize more than one variety of infant fruits (e.g., apples and pears). A combination of two or more types (e.g., apple-banana) is considered one variety.

At a minimum, the state agency must authorize more than one variety of infant vegetables (e.g., butternut squash and sweet potato). A combination of two or more types (e.g., carrots-peas) is considered one variety.

Substitution Option (applies to both infant fruits and infant vegetables, e.g., cannot apply only to fruits):

  • 64 ounce of infant fruits and vegetables and a CVV/B4 or
  • No infant fruits and vegetables and a larger CVV/B (relative to the CVV/B provided for half of infant fruits and vegetables)

A state agency exercising the CVV/B substitution option must authorize fresh and at least one other form (frozen or canned).5

Organic

Additional state agency criteria

Infant Meat
(6-11 months)

Required Substitution: N/A

More-than-one provision: At a minimum, the state agency must authorize more than one variety (e.g., chicken and beef).

Substitution Option: N/A

Allowing added broth or gravy

Organic

Additional state agency criteria

1 State agencies have the administrative option to make the CVV/B the default and substitute juice upon request but may not issue a partial CVV/B substitution for juice. They also must inform participants about the juice benefit they’re entitled to as a Program participant (7 CFR 246.10(b)(2)(ii)(A) and 246.11(a)(1)) and tailor as appropriate.
2 FNS will adjust the CVV/B substitution amount annually for inflation, consistent with fruit and vegetable CVV/B adjustments in 7 CFR 246.16(j).
3 WIC State agencies may authorize fresh herbs. If they do so, they may not selectively choose which WIC-eligible herbs to offer (e.g., authorize fresh basil but not fresh thyme).
4 These CVV/B substitution amounts represent regulatory baseline amounts. FNS will adjust both CVV/B substitution amounts annually for inflation, consistent with fruit and vegetable CVV/B adjustments in 7 CFR 246.16(j).
5 Dried fruits and vegetables are not authorized for infants (7 CFR 246.10(e)(9)).

Page updated: August 19, 2025