WIC Food Packages Flexibility Q&As | Food and Nutrition Service

General Flexibilities

1. Does the option for WIC state agencies to authorize additional product package sizes that provide less than the full maximum monthly allowance (MMA) apply to all foods?

The state agency option to authorize additional product package sizes that provide less than the full MMA applies to all WIC-eligible foods except formula. WIC state agencies must continue to authorize products that provide the full MMA amounts available to participants. This means that at least one package size, or a combination of sizes, must add up to the MMA for all food packages.

2. Do state agencies have discretion to set up food package issuance in their Management Information Systems (MIS) to reduce administrative burden in the clinic and maximize participant choice and flexibility at the store?

For instance:

May state agencies set up food packages in their MIS so that participants can select substitutions within a food category at the store (also known as “broadbanding”)? For example, issuing broadbanded legumes would allow participants to choose between beans, peanut butter, and if allowable by the State, nut and seed butter at the store.
May state agencies set up food packages that include commonly issued substitutions? For example, a default food package could include cheese and yogurt in place of only milk.

Answer: Yes. State agencies have discretion to set up food packages within their MIS to maximize administrative efficiencies and improve the participant experience. The scenarios described in both a. and b. above are allowable. State agencies may issue a food category as broadband to allow for more choice at the store, and they may set up “pre-tailored” food packages that reflect commonly chosen substitution options. The MIS must be flexible and allow WIC staff to further tailor (i.e., modify) a participant’s food package to align with their needs and preferences.

Regardless of how the state agency sets up their MIS, all food package issuance and tailoring must be based on a nutrition assessment, which serves as the basis for all other WIC nutrition services. All participants must be informed of the maximum monthly allowance and substitution options of each food category (7 CFR 246.10(b)(2)(ii)(A)). Knowing how a participant plans to substitute foods can help WIC staff provide more effective nutrition education.

3. The WIC food packages final rule allows smaller package sizes to be authorized as long as there is an option for WIC participants to redeem their full maximum monthly allowance (MMA) of WIC foods. For example, there is a brand that has some milk packages that come in a 59 fluid ounces size. Would this be an allowable package size to be WIC approved since other milk options are available in a 64 fluid ounces size and it will be up to the participant to decide which package size to redeem?

Yes, but only as long as the full maximum monthly allowance (MMA) is made available to participants. The state agency option to authorize additional product package sizes that provide less than the full MMA applies to all WIC-eligible foods except WIC formula. State agencies must continue to authorize products that provide the full MMA amounts available to participants. This means that at least one package size, or a combination of sizes, must add up to the MMA for all food packages. So, in the example mentioned, milk in 59 fluid ounce containers could be authorized along with milk in 64 fluid ounce containers.

If a state agency exercises the option to authorize additional package sizes that don’t equal or add up to the full MMA, the local agency must inform participants about the MMA of authorized supplemental foods, consistent with the regulations at 246.10(b)(2)(ii)(A), 246.11(a)(1). As an example of how to satisfy this requirement, a local agency may explain which authorized foods would allow the participant to redeem the full monthly benefit amount as part of participant education.

Fruits & Vegetables

1. We only authorize fresh fruits and vegetables for purchase with the cash-value benefit (CVB) and had been planning to change to add frozen and canned. We'd like to implement adding frozen and canned across all the categories (women, children, and infants) at the same time. Can we make that change across all participant categories without making all the other changes for children and women?: Yes, state agencies may authorize canned and frozen forms at any time for adult and child participants since regulations prior to the final rule allowed WIC state agencies to authorize one or more of the forms in addition to fresh (canned, frozen, and dried) for adult and child participants.
2. At what age can infants have a cash-value benefit (CVB)?: The CVB substitution for infant fruits and vegetables is a WIC state agency option that can be offered beginning at 6 months of age through 11 months of age. At age 1 year, the participant would then be recertified as a child and receive Food Package IV, which includes a standalone CVB.

Juice

1. Does the final rule allow state agencies to provide smaller juice container sizes than the 64-ounce container size?: Yes, but only as long as the full maximum monthly allowance (MMA) is made available to participants. It is a state agency option to authorize additional product package sizes that provide less than the full MMA, which applies to all WIC-eligible foods except WIC formula. Since this package size flexibility is a state agency option, WIC state agencies may differ in the product sizes they authorize.

Whole Grains

1. For the requirement that 75% of breakfast cereals on a state agency food list be whole grain, how do state agencies count and consider the number of whole grain cereals versus total cereals? For different flavors of the same cereal, e.g., honey roasted, almonds, cinnamon, and vanilla. Is this counted as one or four?

Different varieties or flavors of the same cereal can be offered and counted separately if they individually meet the minimum federal specifications outlined in 7 CFR 246.10(e)(12).

It’s important to remember that the purpose of this flexibility is to offer a wide variety of grains. Different store brands of the same cereal, however, should count as one cereal. For example, if a state agency authorizes a name-brand bran flakes and three different store brand alternatives (for a total of four bran flakes options), the state agency should count the name-brand bran flakes as one whole grain option and the three store brand versions of bran flakes, combined, as a second whole grain option. Each cereal should be evaluated individually to ensure it meets whole grain criteria as well as iron requirements and added sugar limits.

2. What type of grains besides rice can be offered?

Whole grain options include brown rice, wild rice, quinoa, bulgur, oats, whole-grain barley, millet, triticale, amaranth, cornmeal (including blue), corn masa flour, whole wheat macaroni (pasta) products, whole wheat bread products (e.g., pita, English muffin, bagels, naan), soft corn or whole wheat tortillas, buckwheat, teff, kamut, or sorghum, wheat berries, and other intact whole grains (red rice, black rice, freekeh, spelt, farro, etc.).

3. Can a state agency approve grits, polenta, and masa harina flour that have corn as the only ingredient as a whole grain? Some masa harina and other corn products are made with just corn and lime/trace of lime; can a state agency add products that contain just corn and lime?

Corn grits and polenta may be WIC-eligible if the form of corn used is a whole grain (and does not contain added sugars, fats, oils, or salt (i.e., sodium)). State agencies may allow grits and polenta if they verify that the only ingredient is intact whole corn grain, either by reviewing the product’s ingredient list or requesting product information from the manufacturer for confirmation. “Corn,” “degerminated corn meal,” and “degermed corn” are not whole grain forms. Masa harina flour is a WIC-eligible whole grain. “Lime” and “trace of lime” listed in the ingredient list of masa harina flour is an allowable ingredient, as the lime is an alkaline solution used in processing the corn.

4. Are sprouted rolled oats allowable?

Yes. State agencies have the option to identify and authorize other intact whole grain options without added sugar, fats, oils, or salt (i.e., sodium) including sprouted rolled oats.

Nut and Seed Butter

1. What seed butters align with the protein and iron requirements? What does it mean for nut and seed butters to be ‘nutritionally equivalent’ to peanut butter? Is there a range or percent that nut or seed butter must be within?

For reference here is a chart that includes both protein and iron content per 2- tablespoon (32-gram) serving for the nut or seed butters:

Answer: To better accommodate participants’ special dietary needs, cultural practices, and personal preferences, state agencies may authorize nut and seed butters that are nutritionally comparable – but not necessarily equivalent – to peanut butter. When doing so, state agencies have discretion to determine which products are nutritionally comparable and should consider the amounts of macronutrients (e.g., protein) and key micronutrients (e.g., iron) provided.

2. Is tahini allowed as a seed butter?

State agencies have discretion to determine which nut and seed butters, including tahini, to authorize as peanut butter substitutes. When choosing WIC-eligible nut and seed butter substitutions that are nutritionally comparable to peanut butter, state agencies should consider the amounts of macronutrients (e.g., protein) and key micronutrients (e.g., iron) provided.

Milk/Milk Alternatives

1. Can a state agency exclude a plant-based milk alternative even it meets federal WIC requirements for criteria for plant-based milk?: Yes, authorizing plant-based milk alternatives as a substitute for milk is a state agency option, therefore state agencies determine if they will authorize such products. Each WIC state agency is encouraged to offer as much variety and choice as possible within their budget and cost containment measures to accommodate their participants’ nutritional needs.

Fish

1. Is sugar an approved ingredient [for canned fish]?

The minimum nutrient requirements and specifications for canned fish do not prohibit added sugar as an ingredient to canned fish (see Table 4 of 7 CFR 246.10(e)(12) for the full list of federal minimum requirements). To provide participants with variety, regulations allow state agencies to authorize canned fish products with added sauces and flavorings, which may contain added sugars.

State agencies have administrative flexibility (see 7 CFR 246.10(b)(1)(i)) to establish criteria in addition to the minimum federal requirements, which could include prohibiting or placing a limit on added sugar in canned fish with sauces and flavorings.

Other

1. State agencies are seeking guidance on approving foods with artificial and “natural” sweeteners (stevia, aspartame, monk fruit, etc.), specifically yogurts and other foods as applicable.

While restricting or allowing foods with non-nutritive sweeteners (stevia, aspartame, monk fruit, etc.) continues to be a state agency option, state agencies are encouraged to support WIC participants in making healthy choices by authorizing nutrient dense foods. In addition, and in accordance with the Dietary Guidelines, low- and no-calorie sweeteners are not recommended for children younger than the age of two.