Appendix C - Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages

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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 246
[FNS–2022–0007]
RIN 0584–AE82

Special Supplemental Nutrition
Program for Women, Infants, and
Children (WIC): Revisions in the WIC
Food Packages
Food and Nutrition Service
(FNS), Department of Agriculture
(USDA).
ACTION: Final rule.
AGENCY:

This final rule considers
public comments submitted in response
to the proposed rule revising the WIC
food packages published on November
21, 2022. It revises regulations to align
the WIC food packages with the current
Dietary Guidelines for Americans and to
reflect recommendations from the
National Academies of Science,
Engineering, and Medicine while
promoting nutrition security and equity
and considering program
administration. The changes are
intended to provide WIC participants
with a wider variety of foods that align
with the latest nutritional science;
provide WIC State agencies with greater
flexibility to prescribe and tailor food
packages that accommodate
participants’ special dietary needs and
personal and cultural food preferences;
and address key nutritional needs to
support healthy dietary patterns. This
rule provides foods in amounts that are
more consistent with the supplemental
nature of the Program; encourages fruit
and vegetable consumption; and
strengthens support for individual
breastfeeding goals to help establish
long-term breastfeeding.
DATES:
Effective date: This rule is effective
June 17, 2024.
Implementation dates: See section V
of the SUPPLEMENTARY INFORMATION.
Compliance dates: This rulemaking
consists of multiple provisions.
Compliance for each provision is
referenced in the SUPPLEMENTARY
INFORMATION section of this final rule
and detailed in the section-by-section
analysis.
• Severability. If any provision of
such section promulgated through this
final rule, ‘‘Special Supplemental
Nutrition Program for Women, Infants,
and Children (WIC): Revisions in the
WIC Food Packages’’ (FNS–2022–0007;
RIN 0854–AE82), is held to be invalid
or unenforceable by its terms, or as

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SUMMARY:

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applied to any person or circumstances,
it shall be severable and not affect the
remainder thereof.
FOR FURTHER INFORMATION CONTACT:
Allison Post, Chief, Administration,
Benefits, and Certification Branch,
Policy Division, Food and Nutrition
Service, USDA, 1320 Braddock Place,
Alexandria, Virginia, 22314, (703) 305–
2746 OR [email protected].
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
APA—Administrative Procedure Act
APL—Authorized Products List
AAP—American Academy of Pediatrics
CVV—Cash-Value Voucher
DGA—Dietary Guidelines for Americans
EBT—Electronic Benefit Transfer
FDA—U.S. Food and Drug Administration
FNB—Full Nutrition Benefit
FNS—Food and Nutrition Service
kcal—Kilocalorie
MIS—Management Information Systems
MMA—Maximum Monthly Allowance
NASEM—National Academies of Sciences,
Engineering, and Medicine
USDA—United States Department of
Agriculture (also referred to as ‘‘the
Department’’)
WIC—Special Supplemental Nutrition
Program for Women, Infants, and Children

I. Background
WIC is a powerful, evidence-based
public health program, with a long
history of improving health and
developmental outcomes for children.
Through the WIC food packages,
nutrition and breastfeeding education,
and referrals, WIC is uniquely
positioned as an effective tool to help
reduce disparities in maternal and child
health outcomes.1 This final rule revises
the WIC food packages to reflect the
latest nutritional guidance in the 2020–
2025 DGA and recommendations from
NASEM while considering public
comments to the proposed rule ‘‘Special
Supplemental Nutrition Program for
Women, Infants, and Children (WIC):
Revisions in the WIC Food Packages’’
published on November 21, 2022 (87 FR
71090), hereafter referred to as ‘‘the
2022 proposed rule.’’ 2 Informed by
1 Caulfield LE, Bennett WL, Gross SM, Hurley
KM, Ogunwole SM, Venkataramani M, Lerman JL,
Zhang A, Sharma R, Bass EB. Maternal and Child
Outcomes Associated With the Special
Supplemental Nutrition Program for Women,
Infants, and Children (WIC). Comparative
Effectiveness Review No. 253. (Prepared by the
Johns Hopkins University Evidence-based Practice
Center under Contract No. 75Q80120D00003.)
AHRQ Publication No. 22–EHC019. Rockville, MD:
Agency for Healthcare Research and Quality; April
2022. DOI: https://doi.org/10.23970/AHRQEP
CCER253.
2 The authorizing legislation for WIC uses the
word ‘‘women’’ in the Program title and thus it is
used in the title for this rule. However, gender
neutral language is used when possible throughout
this final rule.

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science-based recommendations, the
updated food packages continue to
strengthen WIC and build on its long
history of improving participant health
outcomes. The changes made in this
rule promote nutrition security and
equitable access to nutritious foods by:
• Encouraging fruit and vegetable
consumption.
• Addressing key nutritional needs to
support healthy dietary patterns.
• Providing greater flexibility, variety,
and choice to accommodate personal
and cultural food preferences and
special dietary needs.
• Strengthening support for
individual breastfeeding goals to help
establish long-term breastfeeding.
The Department is committed to
advancing nutrition security and health
equity through this final rule, ensuring
mothers, babies, and young children
have equitable access to the key
nutrition they need during crucial stages
of growth and development.
A. Purpose of the WIC Food Packages
The WIC food packages provide
supplemental foods designed to address
the specific nutritional needs of lowincome pregnant, breastfeeding, and
non-breastfeeding postpartum
individuals, infants, and children up to
five years of age who are at nutritional
risk. Every WIC participant receives a
monthly food benefit from one of seven
science-based food packages, according
to their participant category and
nutritional needs.
Participant Categories
The seven food packages available in
the following participant categories are:
(1) Food Package I: Infants birth through
5 months (Fully Breastfed, Partially
Breastfed, and Fully Formula Fed)
(2) Food Package II: Infants ages 6
through 11 months (Fully Breastfed,
Partially Breastfed, and Fully Formula
Fed)
(3) Food Package III: Medically Fragile
Women, Infants, and Children
(4) Food Package IV: Children ages 1
through 4 years
(5) Food Package V: Pregnant and
Partially (Mostly) Breastfeeding
Women up to 1 year postpartum
(6) Food Package VI: Postpartum
Women (minimally or nonbreastfeeding) up to 6 months
postpartum
(7) Food Package VII: Fully
Breastfeeding Women up to 1 year
postpartum
Individual Nutrition Tailoring and Food
Substitutions
As part of the WIC certification
process, a comprehensive nutrition (and

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breastfeeding, as applicable) assessment
is conducted for each WIC participant.
Through this process, food packages can
be individually tailored—by making
substitutions, reductions, and/or
eliminations to the food type (e.g., dry
beans vs. peanut butter) and physical
food forms (e.g., fluid vs. dry milk)—to
accommodate the participant’s special
dietary needs (e.g., a food allergy or
intolerance), cultural and personal
preferences, and housing/living
conditions (e.g., limited resources to
prepare food). During the nutrition
assessment, WIC participants also
receive instructions on how to redeem
their WIC food benefits at retail vendors,
including information about
substitution options. Through nutrition
tailoring and the issuance of Food
Package III, WIC conforms with section
504 of the Rehabilitation Act by
providing participants with special
dietary needs with the supplemental
foods that accommodate their medical
needs.
Authorized Foods
Food categories and quantities, as
well as minimum nutritional
requirements, are established at the
Federal level and outlined in WIC
regulations at 7 CFR 246.10. Depending
on the food package, the authorized
food categories include infant formula,
cereal, and foods; exempt infant
formulas; WIC-eligible nutritionals;
milk; cheese; breakfast cereal; juice;
fruits and vegetables; whole wheat/
whole grain bread; eggs; legumes and/or
peanut butter; and canned fish.
The WIC Program is administered by
89 WIC State agencies, including the 50
states, 33 Indian Tribal Organizations
(ITOs), the District of Columbia, and
five U.S. Territories (the Commonwealth
of the Northern Mariana Islands,
American Samoa, Guam, Puerto Rico,
and the U.S. Virgin Islands). In
accordance with Federal WIC
regulations, each WIC State agency
determines which eligible foods,
including brands and package sizes, will
be made available to their participants.
When creating their APL, WIC State
agencies consider a variety of factors
including participant acceptance and
choice, product availability, and price.
WIC State agencies may establish
criteria in addition to the Federal
minimum requirements (e.g., allow only
low-sodium canned vegetables),
authorize substitution options specified
in regulations (e.g., yogurt as a
substitute for milk), and/or implement
administrative adjustments to manage
food costs (e.g., limiting brand types,
specifying packaging methods) based on
these factors.

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Redeeming WIC Foods
Participants redeem their food
benefits (i.e., the foods included in their
prescribed food package) at retail
vendors the WIC State agency
authorizes, and in some instances,
through home delivery or direct
distribution systems the WIC State
agency operates. Nationwide there are
approximately 40,000 WIC-authorized
vendors.
B. Multi-Stage Scientific Approach To
Revise the WIC Food Packages
This final rulemaking represents the
third 3 comprehensive revision to the
WIC food packages since Congress
established WIC as a permanent
program in 1975. Consistent with this
current rulemaking, prior revisions were
based in nutritional science.
The most recent comprehensive
revision to the WIC food packages was
based on the Institute of Medicine’s
(now NASEM) 2006 report ‘‘WIC Food
Packages: Time for a Change,’’ which
cited the health and nutrition risks
WIC’s target population faced, including
overweight and obesity; diets lacking in
whole grains, fruits, and vegetables; and
short duration of breastfeeding. USDA
contracted with the Institute of
Medicine to complete this review and
recommend cost-neutral changes to the
WIC food packages based on the
nutritional needs of the WIC population.
The report provided the scientific basis
for the proposed rule to revise the WIC
food packages published in August 2006
(71 FR 44784), which garnered broad
support from public commenters, the
majority of whom were Program
participants.
Reflecting the comments received,
USDA published an interim rule in
December 2007 (72 FR 68966) that
implemented revised WIC food
packages. Due to the extent and
comprehensive nature of the revisions,
the Department provided an extended
public comment period on the interim
rule to obtain comments on the impacts
of implementing the new WIC food
packages. On March 4, 2014, USDA
published the final rule ‘‘Special
Supplemental Nutrition Program for
Women, Infants and Children (WIC):
Revisions in the WIC Food Packages’’
(79 FR 12274), hereafter referred to as
‘‘the 2014 final rule.’’ The revisions in
the 2014 final rule aligned the WIC food
packages with nutritional science
3 In 1980, USDA reorganized the WIC food
packages from three to six standardized packages
marking the first comprehensive revision. In 2007,
the USDA published an interim rule revising the
WIC food packages marking the second
comprehensive revision.

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current at the time, aimed to promote
and support the establishment of
successful long-term breastfeeding,
provided participants with a wider
variety of foods, and provided WIC State
agencies with greater flexibility in
prescribing WIC food packages to
accommodate participants’ cultural food
preferences. Key changes implemented
through the 2014 final rule and
preceding interim final rule included:
Introduction of the CVV for the
purchase of fruits and vegetables.
• Addition of whole grains (e.g.,
bread, tortillas, brown rice, etc.).
• Addition of soy-based beverage,
yogurt, and tofu as milk alternatives.
• Reductions in some foods (e.g.,
milk, egg, and juice) to better align with
the supplemental nature of WIC.
• Allowance for participants in Food
Package III to receive all authorized WIC
foods.
In 2014, USDA contracted with
NASEM to conduct a second review of
the WIC food packages, in accordance
with the Healthy, Hunger-Free Kids Act
of 2010 (Pub. L. 111–296, HHFKA),
which requires USDA to conduct a
scientific review of the WIC food
packages at least every ten years. The
Department charged NASEM with
developing recommendations for
revising the WIC food packages to be
consistent with the DGA and that
considered the health and cultural
needs of WIC participants while
ensuring WIC remained cost-neutral,
efficient for nationwide distribution,
and straightforward to administer.
NASEM’s process included a
comprehensive review and analysis of
available scientific evidence, including
relevant published literature, National
Health and Nutrition Examination
Survey (NHANES) 2005–2012 data, WIC
food benefit redemption data, the 2015–
2020 DGA, and, for children under age
2 years, recommendations from expert
authorities in the health of the WIC
population including the AAP, the
Academy of Nutrition and Dietetics
(AND), and the World Health
Organization. In 2017, NASEM
published its recommendations in the
report, ‘‘Review of WIC Food Packages:
Improving Balance and Choice: Final
Report,’’ which informed many of the
revisions in the 2022 proposed rule.
Using a systematic process, NASEM
developed recommendations aimed to
ensure the WIC food packages:
• Provide a balanced supplement to
the diets of women and children.
• Contribute to reduced prevalence of
inadequate and excessive nutrient
intake.

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• Contribute to a dietary pattern that
is consistent with the 2015–2020 DGA
for individuals 2 years of age and older.
• Contribute to a diet that is
consistent with established
recommendations for infants and
children less than 2 years of age,
including encouragement of and
support for breastfeeding.
• Include foods that are available in
forms and amounts suitable for lowincome persons who may have limited
transportation options, storage, and
cooking facilities.
• Include foods that are readily
acceptable, commonly consumed,
widely available, consider cultural
eating patterns and food preferences,
and provide incentives for families to
participate in the WIC Program.
• Include foods that do not create an
undue burden on WIC State agencies or
vendors.
NASEM’s review emphasized the
supplemental nature of the food
packages—meaning foods are provided
as part of a balanced diet that meets but
does not exceed recommended amounts
of foods and nutrients to prevent
overweight/obesity and/or displace
other healthy and important food groups
and nutrients. Accordingly, NASEM
designed food packages that provide
moderate proportions of individuals’
nutrient requirements and food group
amounts recommended as part of a
healthy dietary pattern, and that
prioritize nutrients that are under
consumed and associated with health
outcomes relevant to the WIC-eligible
population. Finding that the current
food packages provide varying
proportions of priority nutrients 4
(between 5 and 400 percent of the
Dietary Reference Intake (DRI)) and
recommended food group 5 amounts
(between 0 and 177 percent of DGA
recommended intake amounts), NASEM
recommended reducing foods provided
in more-than-supplemental amounts
and increasing foods needed to improve
intake of priority nutrients and
recommended food groups. NASEM
provided recommendations for food
packages that achieve cost neutrality as
requested by the Department. However,
also at the request of the Department,
NASEM provided clear alternative
nutrition-based recommendations for
4 The 2017 NASEM Report discusses priority
nutrients in Chapter 05; Table 5.1 (page 217)
summarizes the criteria used to determine priority
nutrients for the WIC-eligible population.
5 Recommended food groups include fruits,
vegetables, grains, protein foods, and dairy and
alternatives, as established in the Dietary
Guidelines for Americans, 2020–2025 Healthy U.S.Style Dietary Patterns at various calorie levels for
the WIC-eligible population.

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consideration if cost neutrality were not
the prevailing principle in rulemaking.
Since the goal of this final rule is to
follow science-based recommendations
that advance nutrition security and
improve health equity, the Department
has accepted NASEM’s alternative
recommendations in regard to certain
food items such as the higher CVV.
Following the 2017 NASEM report, on
December 29, 2020, the USDA and the
U.S. Department of Health and Human
Services published the 2020–2025 DGA,
which provides science-based
recommendations for healthy dietary
patterns by life stage and, for the first
time since the 1985 edition,
recommendations for infants, children
up to 2 years of age, and pregnant and
breastfeeding individuals. To ensure the
changes to the WIC food packages
aligned with the current dietary
guidelines, USDA conducted a thorough
review of the 2020–2025 DGA and
incorporated relevant updates into the
2022 proposed rule.
The revisions to the food packages
support WIC participants’ nutritional
needs, achieve a better balance of
nutrients, and align with the
supplemental nature of the Program.
Nutrition security—meaning consistent
and equitable access to healthy, safe,
and affordable food essential to optimal
health and well-being—is prioritized
over cost neutrality while the
supplemental nature of the WIC food
packages remains central to the final
revisions. The changes to the WIC food
packages are designed to:
• Provide additional flexibility,
variety, and choice for individuals with
special dietary needs due to medical
conditions, limited cooking and/or
storage facilities, and cultural and
personal preferences (including, but not
limited to, vegan and vegetarian diets),
while ensuring the delivery of priority
nutrients to WIC participants.
• Consider marketplace availability of
supplemental foods.
• Increase the actual and perceived
value of the WIC food packages to
eligible populations.
• Improve equitable access to
nutritious foods.
• Promote and support breastfeeding
of all durations and intensities.
• Provide foods in amounts that are
more consistent with the supplemental
nature of the Program.
• Align with DGA guidance to follow
a healthy dietary pattern and meet, but
not exceed, recommended food group
and subgroup amounts and nutrients
appropriate for an individual’s life
stage.
• Build on the 2014 changes to the
WIC food packages and the positive

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impact those had on participant diet
quality and reduced prevalence of
obesity among children.6 7 8
II. 2022 Proposed Rule Comment
Summary
The 2022 proposed rule to revise
regulations governing the WIC food
packages was published in the Federal
Register on November 21, 2022 (87 FR
71090), with a 90-day comment period.
During this time USDA received 17,731
comments. Sixteen form letter
campaigns comprised 15,863
submissions. All comments were
considered without regard to whether
they were provided by a single
commenter or repeated by many.
Importance was given to the substance
or content of the comment, rather than
the number of times a comment was
submitted. There were 1,795 unique
comments of which 993 were
substantive. A total of 73 comments
were either duplicates or not relevant or
related to the rule. Comments that did
not refer to the WIC food packages or
changes in the proposed food rule were
considered outside of scope for the
revisions to the WIC food packages and
are not addressed as part of this final
rule. The comments came from a variety
of sources, including WIC State and
local agencies, professional
organizations and associations,
advocacy groups, health care
professionals, universities, members of
Congress, the food industry, farmers,
participants, and private citizens.
USDA worked in collaboration with a
data analysis company to code and
analyze the public comments using a
commercial web-based software product
and obtained data showing support for
or opposition to each proposed change.
Over 12,000 commenters provided
broad general support for revisions to
the WIC food packages while
approximately 20 commenters provided
general comments in opposition to the
2022 proposed rule. The remaining
6 Pan L, Blanck HM, Park S, Galuska DA,
Freedman DS, Potter A, Petersen R. State-Specific
Prevalence of Obesity Among Children Aged 2–4
Years Enrolled in the Special Supplemental
Nutrition Program for Women, Infants, and
Children—United States, 2010–2016. MMWR Morb
Mortal Wkly Rep. 2019 Nov 22;68(46):1057–1061.
doi: 10.15585/mmwr.mm6846a3. PMID: 31751324;
PMCID: PMC6871901.
7 Daepp MIG, Gortmaker SL, Wang YC, Long MW,
Kenney EL. WIC Food Package Changes: Trends in
Childhood Obesity Prevalence. Pediatrics. 2019
May;143(5):e20182841. doi: 10.1542/peds.2018–
2841. Epub 2019 Apr 1. PMID: 30936251; PMCID:
PMC6565338.
8 Chiasson MA, Findley SE, Sekhobo JP,
Scheinmann R, Edmunds LS, Faly AS, McLeod NJ.
Changing WIC changes what children eat. Obesity
(Silver Spring). 2013 Jul;21(7):1423–9. doi: 10.1002/
oby.20295. Epub 2013 May 22. PMID: 23703806.

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comments discuss specific provisions in
the proposed food package rule and are
further detailed and addressed
throughout this final rule. The Final
Summary of Public Comments report is
available online at www.regulations.gov
in docket FNS–2022–0007. The Final
Summary of Public Comments includes
the specific number of comments in
support of or opposition to each
provision in the 2022 proposed rule,
with a detailed narrative describing the
key points made by commenters. USDA
used the Final Summary of Public
Comments and a supplementary review
of individual comments to finalize
provisions within this final rule. USDA
refers to the Final Summary of Public
Comments for numbers of comments
received on each provision, with general
summaries of comments provided in the
preamble of this final rule.
USDA appreciates the many
comments expressing support for

revisions to the WIC food packages and
urging USDA to implement the sciencebased recommendations included in the
2022 proposed rule. USDA agrees the
WIC food packages’ benefits have an
important role in supporting and
improving the health of infants,
children, and women who are at
nutritional risk and, consequently,
improving healthcare costs.
III. Discussion of the Final Rule
The following is a discussion of the
provisions set forth in the 2022
proposed rule, a summary of the
comments received that addressed these
provisions, and the Department’s
rationale for changes in the final rule
that either modify or retain the
proposed revisions. Provisions not
discussed in this preamble did not
receive significant or substantial public
comments and are retained in this final
rule as proposed.

This preamble communicates the
rationale for modifications to the 2022
proposed rule that are codified in this
final rulemaking. The reasons for the
proposed changes were carefully
examined in consideration of comments
received to determine their continued
applicability, given the goals for this
rulemaking and the foundation of
current nutritional science. Unless
otherwise stated in the preamble of this
final rule, the rationales included in the
preamble of the 2022 proposed rule are
regarded as a basis for the final
regulations. Therefore, a thorough
understanding of the rationales for the
final regulations may require reference
to the preamble of the 2022 proposed
rule (87 FR 71090).
The following chart provides a
summary comparison of the proposed
and final revisions to the WIC food
packages.

Section

Summary of proposed revisions

Summary of final revisions based on public comment

A. Fruits and Vegetables ..............................................

1. Increase the CVV maximum monthly allowances
for child, pregnant, breastfeeding, and postpartum
participants.
2. Require WIC State agencies to authorize at least
one other form of fruits and vegetables in addition
to fresh.
3. Require vendors to stock at least three varieties of
vegetables.
4. Expand what can be purchased with the CVV .......
1. Reduce or remove the maximum monthly allowance for juice.
2. Allow CVV as a substitute for juice .........................
1. Reduce maximum monthly allowances of milk .......
2. Require authorization of lactose-free milk ...............
3. (a) Permit only unflavored milk, including lactosefree milk, and (b) reduce total sugars allowed in
yogurt and plant-based milk substitutions.
4. Add a (a) calcium specification for tofu [200 milligrams per 100 grams of tofu] and (b) vitamin D
specification for yogurt [100 international units (IU)
(2.5 micrograms) per 8 ounces of yogurt].

B. Juice .........................................................................

C. Milk and Milk Substitutions ......................................

D. Infant Foods .............................................................

E. Add Infant Formula Flexibilities and Create a Separate Food Package for Partially (Mostly)
Breastfeeding Participants.
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F. Breakfast Cereals .....................................................

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5. Increase yogurt substitution amounts for milk ........
6. Add soy-based yogurts and soy-based cheeses as
substitution options for milk.
7. Update the FDA standard of identity citations for
yogurt.
8. Allow reduced-fat yogurts for 1-year-old children
without restrictions.
9. Remove cheese as a food category from the fully
breastfeeding food package.
1. Reduce infant cereal, infant fruits and vegetables,
and infant meat.
2. Increase CVV substitution amounts for infant fruits
and vegetables, allow forms other than fresh, and
lower the minimum age for infants to receive a
CVV.
3. Prohibit added fats in infant foods ..........................
1. Increase formula amounts in the first month for
partially (mostly) breastfed infants.
2. Allow all prescribed infant formula quantities to be
considered ‘‘up to’’ amounts.
3. Create a separate and enhanced food package for
partially (mostly) breastfeeding participants.
1. Change whole grain criteria for breakfast cereals ..
2. Require all breakfast cereals meet whole grain criteria.

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Finalize as proposed.

Finalize as proposed.

Finalize as proposed.
Finalize as proposed.
Reduce juice amounts to 64 fluid ounces for child
and all adult participants.
Finalize as proposed.
Finalize as proposed.
Finalize as proposed.
3a. Finalize as proposed.
3b. Establish an added sugars limit for yogurt and
plant-based milk alternatives.
4a. Add a minimum calcium specification of 100 milligrams per 100 grams of tofu.
4b. Add a minimum vitamin D specification of 106 IU
(2.67 micrograms) per 8 oz (1 cup) of yogurt and
extend the implementation timeline.
Finalize as proposed.
Allow plant-based yogurts and plant-based cheeses.
Finalize as proposed.
Finalize as proposed.
Finalize as proposed.
Finalize as proposed.
Finalize as proposed.

No change to current provision.
Finalize as proposed

Finalize as proposed.
Finalize as proposed.
Finalize as proposed.
Require 75 percent of breakfast cereals meet whole
grain criteria
Replace the total sugars limit for breakfast cereal
with an added sugars limit of ≤21.2 g per 100
grams dry cereal (≤6 grams per dry ounce)

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Section

Summary of proposed revisions

G. Whole Wheat Bread, Whole Grain Bread, and
Whole Grain Options.

1. Revise (reduce for children and increase for pregnant, postpartum, and breastfeeding participants)
MMA for whole wheat and whole grain bread and
other whole grain options.
2. Change criteria for whole grain breads ...................
3. Expand whole grain options ....................................

H. Canned Fish ............................................................

I. Legumes and Eggs ...................................................

2. Add canned fish to food packages for pregnant,
partially (mostly) breastfeeding, and postpartum
participants not currently receiving canned fish, revise amounts for fully breastfeeding participants,
and revise WIC-eligible varieties.
1. Require WIC State agencies to authorize both
dried and canned legumes.
2. Require authorization of legumes and peanut butter as substitutes for eggs and allow WIC State
agencies to choose to authorize tofu to substitute
for eggs.
3. Requested comment on nut and seed butters ........

J. Maximum Monthly Allowances .................................

1. Allow WIC State agencies to authorize a greater
variety of package sizes to increase variety and
choice, while still providing participants with package sizes that ensure they can receive the full benefit amount (i.e., at least one package size, or a
combination of sizes, must add up to the full MMA).

A. Fruits and Vegetables
The final rule increases the CVV
amounts for child, pregnant,
postpartum, and breastfeeding
participants; requires the authorization
of an additional form of fruits and
vegetables beyond fresh, dependent on
participant category; requires vendors to
stock at least three varieties of
vegetables; and expands what foods can
be purchased with the CVV.

and Drug Administration, and Related
Agencies Appropriations Act, 2022,
Pub. L. 117–103; the Consolidated
Appropriations Act, 2023, Pub. L. 117–
328; and the Consolidated
Appropriations Act, 2024, Pub. L. 118–
42).
Commenters expressed broad support
for the increase to the CVV amounts of
$24 for child participants, $43 for
pregnant and postpartum participants,
and $47 for partially (mostly) and fully
breastfeeding participants adjusted
annually for inflation. In expressions of
support, commenters cited that the
increased CVV amounts: (1) allow
participants to buy and consume more
fruits and vegetables to support
improved health; (2) have led to greater
participant satisfaction and retention;
(3) support retailers in low-income and
rural areas stocking more fruits and
vegetables because of the increased
buying power, improving choice and
access; and (4) support the economy,
particularly produce farmers.
No comments opposed the increase in
CVV amounts. Some commenters
requested adjusting the value of the
CVV for WIC State agencies
administering WIC in high-cost areas,
citing reduced purchasing power
because of the likelihood of relatively
higher food prices. Given that NASEM
recommended further study to evaluate
the feasibility of making such
adjustments to the CVV, the Department
is not making this change in the final
rule and instead seeks to pursue future
cross-program research to obtain data

1. Increase CVV Maximum Monthly
Allowances for Child, Pregnant,
Breastfeeding, and Postpartum
Participants (§ 246.10(e)(10) and (11),
Tables 2 and 3) 9
This final rule codifies the increase in
the CVV amounts for child, pregnant,
breastfeeding, and postpartum
participants as summarized in the 2022
proposed rule. The increase to the CVV
is consistent with the temporary
increase in the CVV that has been in
place since October 1, 2021, as a result
of appropriations legislation (the
Agriculture, Rural Development, Food

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1. Add canned fish to food packages for children (2
through 4 years) and specify varieties.

9 The change in terminology from ‘‘CVV’’ to cashvalue benefit, or ‘‘CVB,’’ is not included in this final
rule; however, USDA proposed this change in the
rule titled: ‘‘Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC):
Online Ordering and Transactions and Food
Delivery Revisions to Meet the Needs of a Modern,
Data-Driven Program’’ (88 FR 11516). The proposal
would update the definition of cash-value voucher
to remove the clause, ‘‘cash-value voucher is also
known as cash-value benefit, or CVB, in an EBT
environment,’’ and create an independent
definition of CVB as a type of electronic benefit that
is a fixed-dollar amount used to obtain authorized
fruits and vegetables.

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Summary of final revisions based on public comment
Finalize as proposed.

Finalize as proposed.
Add proposed whole grain options and allow for additional whole grain options that meet specifications.
Add canned fish to food packages for children (1
through 4 years) and allow canned light tuna and
chub mackerel for children
Finalize as proposed.

Finalize as proposed.
Finalize as proposed.

Implement a provision to allow WIC State agencies
the option to authorize nut and seed butters as a
substitute for peanut butter.
Finalize as proposed.

necessary to better understand
variations in cost of living to inform
potential future changes.
Some commenters suggested
increasing CVV amounts beyond those
proposed, with several requests for
USDA to increase the amount for
pregnant participants to match that of
breastfeeding participants at $47. The
CVV amounts in the 2022 proposed rule
provide approximately half of the
recommended daily amounts of fruits
and vegetables for adults and children,
which aligns with the goal of providing
supplemental amounts of foods and
nutrients in the WIC food packages.
These increased CVV amounts are
consistent with the DGA
recommendation to increase
consumption of fruits and vegetables
and afford participants greater choice to
select fruits and vegetables that
accommodate their cultural and
personal food preferences. For these
reasons, the Department maintains the
amounts as proposed. The following are
the CVV amounts (using 2022 as the
base year) 10 for the purchase of fruits
10 The base year used for calculating inflation
adjustments will be 2022. Note that the temporary
increase in the CVV for fiscal year 2023 was based
on the proposed amounts (2022 base year amounts)
and adjusted upward for inflation to provide $25 for
child participants, $44 for pregnant and postpartum
participants, and $49 for partially (mostly) and fully
breastfeeding participants. The inflation adjustment
made for FY 2023 was consistent with the approach
required under 7 CFR 246.16(j)(4). Similarly, the
temporary increase in the CVV for fiscal year 2024
is based on the proposed amounts (2022 base year
amounts) and adjusted upward for inflation to
provide $26 for child participants, $47 for pregnant

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and vegetables by participant category
(monthly CVV amounts will be adjusted
annually for inflation):
Children 1 through 4 years: $24.
Pregnant: $43.
Postpartum: $43.
Partially (mostly) breastfeeding: $47.
Fully breastfeeding: $47.
2. Require One Other Form of Fruits and
Vegetables in Addition to Fresh
(§ 246.10(e)(3)(v), (e)(4)(ii), (e)(5)(ii),
(e)(6)(ii), (e)(7)(ii), and (e)(9) Through
(11), Tables 1 Through 3)

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This final rule codifies the
requirement that WIC State agencies
authorize fresh and at least one other
form (frozen, canned, and/or dried) of
both fruits and vegetables for the child,
pregnant, postpartum, and breastfeeding
food packages and requires fresh and at
least one other form (frozen or canned)
for the CVV substitution for infant (ages
6 through 11 months) food packages.
Dried fruits and vegetables pose a
choking hazard for infants and are not
authorized.
Most commenters expressed support
for requiring another form of fruits and
vegetables in addition to fresh. Many
WIC State agencies commented that
they already allow for an additional
form so there is no burden to
implementing this provision.
Commenters also highlighted that the
provision would support the purchase
of produce with a longer shelf life and
expand participant choice, which could
lead to increased redemption rates and
mitigate food waste. The Department
agrees with these comments and adds
that in combination with the increase in
the CVV, the provision will provide
participants with greater flexibility to
accommodate various storage or cooking
conditions as well as special dietary
needs (e.g., allergy/intolerance to certain
forms of fruits and vegetables) and
cultural and personal preferences.
Some WIC State agencies requested
clarification regarding frozen, canned,
and dried options as well as pickled or
fermented products and sugar in
additional forms of fruits and
vegetables. Several commenters
expressed support for additional forms
of fruits and vegetables with concern
and postpartum participants, and $52 for partially
(mostly) and fully breastfeeding participants. The
inflation adjustment made for FY 2024 is consistent
with the approach required under 7 CFR
246.16(j)(4). See WIC Policy Memo #2023–2:
Consolidated Appropriations Act, 2023, Extending
the Temporary Increase in the Cash-Value Voucher/
Benefit for Fruit and Vegetable Purchases,
www.fns.usda.gov/wic/policy-memorandum-2023-2
and WIC Policy Memorandum #2024–1: FY 2024
Cash-Value Voucher Benefit Amounts.
www.fns.usda.gov/wic/2024cash-value-voucherbenefit-amounts.

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about the sodium, sugar, and additives
in canned and frozen products. The
Department clarifies that with this
provision, canned or frozen fruit may
not contain added sugars, fats, oils, or
salt and, that canned or frozen
vegetables may not contain added
sugars, fats, or oils (§ 246.10(e)(12),
Table 4). Regarding sodium, the
Department acknowledges the sodium
content of canned vegetables may be
higher than other forms (i.e., fresh,
frozen, and dried), and that canned
vegetables can be prepared in ways that
reduce sodium content. The Department
also clarifies that while sodium is not
restricted in canned or frozen vegetables
in Federal regulations, WIC State
agencies may establish criteria in
addition to the Federal minimum
requirements.
The Department recognizes the
potential for confusion among
households with infant participants
whose benefits are aggregated 11 with
children and women participants who
may receive dried forms of fruits and
vegetables and confirms that WIC State
agencies should address this topic
through nutrition education.
3. Require Vendors To Stock at Least
Three Varieties of Vegetables
(§ 246.12(g)(3)(i))
This final rule codifies the provision
to require vendors to stock at least three
varieties of vegetables as summarized in
the proposed rule.
Most commenters, including WIC
State and local agencies, expressed
support for this provision. Several
suggested the requirement would not
create additional burden as most
retailers already stock more than two
varieties of vegetables, noting this
provision could reduce barriers and
increase equitable access to vegetables.
The Department agrees with these
commenters and adds that increasing
the minimum number of vegetables
stocked will help reduce disparities in
food access in communities where
obtaining produce is difficult and
provide participants with greater access
to support establishing healthy dietary
patterns during critical life stages.
Several commenters expressed
concern that this provision could result
in a potential loss of small vendors, and
a few WIC State agencies cited the
administrative burden of requiring
additional varieties of vegetables. The
Department recognizes that the
11 Aggregation of WIC benefits: WIC State
agencies may aggregate WIC supplemental food
amounts for families or households with multiple
participants receiving the same food with the same
nutrient specification. This may be useful when
benefits are issued via EBT.

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requirement for vendors to stock at least
three varieties of vegetables could
potentially impact some small vendors.
The ability to stock shelf stable forms of
vegetables will ease this concern, as
Federal regulations will not require
small vendors to stock three forms of
fresh vegetables. As suggested in several
comments, the Department will develop
resources and technical assistance for
WIC State agencies to adapt and use in
training WIC-authorized vendors on the
new provisions and allowable
flexibilities in this final rule.
4. Expand What Can Be Purchased With
the CVV (§ 246.10(e)(12), Table 4)
This final rule expands what can be
purchased with the CVV, including
fresh cut herbs, white potatoes, and
larger sizes of packaged fruits and
vegetables.
a. Allow Fresh Herbs (§ 246.10(e)(12),
Table 4)
This final rule codifies allowing
participants to purchase fresh cut herbs
with the CVV as summarized in the
2022 proposed rule.
Allowing fresh cut herbs to be
purchased with the CVV increases
participant choice, helps accommodate
cultural eating patterns, and aligns with
the DGA, which categorizes fresh herbs
(e.g., cilantro and basil) as dark green
vegetables.
The few comments received specific
to this proposal were supportive, with
WIC State agencies noting that herbs can
have health benefits by increasing flavor
and decreasing the salt and sugar added
during cooking. Commenters cited the
potential of including fresh herbs to
better meet recommended daily food
group amounts for fruits and vegetables.
The Department agrees with comments
acknowledging that herbs can help
enhance the flavor of foods as a strategy
to reduce added sugars, saturated fat,
and sodium in support of healthy
dietary patterns.
Several commenters asked for
clarification on this provision,
specifically what is included as a fresh
herb and whether dried herbs could also
be considered in this provision. The
Department agrees that clarification on
the types of allowable herbs is
important. The intent of this provision
is to allow participants to purchase
fresh herbs, cut at the root or with the
root intact, that are in a consumable
form. For consistency with the WIC
Farmers’ Market Nutrition Program and
the DGA, the Department will not allow
dried herbs to be purchased with the
CVV. The Department will further
address this through technical

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assistance, such as guidance or training
depending on need.
b. Codify That White Potatoes Are WIC
Eligible (§ 246.10(e)(12), Table 4)
This final rule permanently removes
white potatoes as an excluded vegetable,
as summarized in the 2022 proposed
rule. Doing so codifies the provision in
the Consolidated and Further
Continuing Appropriations Act, 2015
(Pub. L. 113–235) that precludes the
exclusion or restriction of any variety of
fresh, whole, or cut vegetables (except
vegetables with added sugars, fats, or
oils) in WIC. FNS issued WIC Policy
Memorandum #2015–3: Eligibility of
White Potatoes for Purchase with the
Cash-Value Voucher, which has
allowed for the purchase of white
potatoes with the CVV through present
day. No comments opposed to this
provision were provided.

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c. Allow Larger Sizes of Packaged Fresh
Fruits and Vegetables (§ 246.10(e)(12),
Table 4)
This final rule codifies allowing larger
package sizes of fresh fruits and
vegetables to be WIC-eligible as
summarized in the 2022 proposed rule.
Prior to this rulemaking, regulations
prohibited larger package sizes of fresh
cut produce, referred to as ‘‘party trays.’’
In accordance with current nutrient
requirements, packages of fresh fruits
and vegetables regardless of size may
not contain added sugars, fats, or oils
(which may appear in the form of dips,
sauces, or glazes). The change will also
allow participants with more than one
family member participating in WIC to
use aggregate benefits to purchase larger
amounts of precut fruits and vegetables.
The Department received broad
general support for this provision, with
commenters noting the added flexibility
of larger package sizes will better serve
participants and support consumption
of a variety of fruits and vegetables. WIC
State agencies noted party trays
commonly contain dips or sauces,
which are not WIC-eligible and may
cause confusion among participants,
and that party trays are typically less
cost effective and have a greater risk of
food spoilage if not consumed quickly.
The Department acknowledges these
concerns, will continue to provide
technical assistance to WIC State
agencies to assist in implementing the
provisions of this final rule, and
encourages WIC State agencies to
address package size considerations to
minimize food spoilage through
nutrition education.

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B. Juice
This final rule codifies a reduction in
juice from 128 to 64 ounces in the child
food package and from 144 to 64 ounces
in the pregnant and breastfeeding food
package as proposed, and a reduction in
juice from 96 ounces to 64 ounces in the
postpartum food package, which
modifies the proposed provision to
eliminate juice. In addition, this rule
allows substitution of a $3 CVV for the
full juice amount across all food
packages as originally proposed.
1. Reduce Maximum Monthly
Allowance for Juice (§ 246.10(e)(10) and
(11), Tables 2 and 3)
This final rule codifies the reduction
of juice from:
• 128 ounces to 64 ounces in the
child food package, as proposed,
• 144 ounces to 64 ounces in the
pregnant and breastfeeding food
packages, as proposed, and
• 96 ounces to 64 ounces in the
postpartum food package. Based on
public comment, the Department
modified its proposal to eliminate juice
in the postpartum food package.
Many commenters, including WIC
State agencies, expressed support for the
reduction in juice with several
suggesting the Department eliminate
juice from all WIC food packages.
Commenters cited overconsumption,
particularly among young children, as
reason to reduce or eliminate juice,
noting the lack of dietary fiber that may
contribute to excess caloric intake. The
Department agrees with the importance
of limiting juice consumption as part of
a healthy dietary pattern and notes the
reduced quantities provide more
appropriate supplemental amounts at
approximately 27 to 53 percent of DGArecommended limits for juice for most
participants compared to 40 to 107
percent previous WIC food packages
provided.12 The DGA emphasizes the
consumption of whole forms of fruits
and vegetables over juice. While the
DGA includes 100 percent juice as part
of the fruit and vegetable food groups,
it emphasizes whole fruit and a variety
of vegetables from all subgroups, and
places limits on the amount of juice that
contributes to a healthy dietary pattern.
Juice is not a separate food subgroup
(like dark-green vegetables) in the DGA
12 For children ages 12 to 23 months, the reduced
juice quantity provides 53 percent of the upper
DGA limit based on 4 ounces/day for 700–1000
kcal. For children 2 to 4 years, the reduced juice
quantity provides 36–53 percent of the upper DGA
limit based on 4–6 ounces/day for 1000–1600 kcals.
For all pregnant and breastfeeding food packages,
the reduced juice quantity provides 27 percent of
the upper DGA limit based on 8 ounces/day for
2000–2400 kcals.

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recommended dietary patterns.
Additionally, the DGA recognizes juice
as lower in dietary fiber than whole
fruits or vegetables. The DGA identifies
dietary fiber as a dietary component of
public health concern for the U.S.
population due to underconsumption,
and these low intakes are associated
with health concerns.
Comments in opposition cited juice as
a convenient and cost-effective source of
fruit, an under consumed food group
among the WIC-eligible population.
Some commenters expressed general
concern with the reduced benefit level,
believing this disincentivizes
participation and may impede
participant retention goals. Several
commenters requested the Department
reconsider eliminating juice from the
postpartum food package, noting the
benefits of juice are applicable to the
entire WIC-eligible population and the
elimination is not aligned with the
Department’s goal of improving
equitable access to supplemental foods.
The Department agrees that juice,
specifically 100 percent juice which the
WIC food packages provide, is a
convenient and cost-effective source of
nutrients, particularly vitamin C.
However, the Department also
acknowledges that juice is lower in
dietary fiber—a dietary component of
public health concern—than whole
fruits and vegetables, and that juice in
the current WIC food packages provides
a disproportionate amount of fruit and
vegetable servings compared to servings
from whole forms. The Department
believes the overall improved variety,
flexibility, and choice afforded through
the WIC food packages will appeal to
participants while also providing foods
in appropriate supplemental amounts.
The Department appreciates
comments citing the benefits of juice
across life stages, including for
postpartum individuals, and agrees with
the importance of ensuring equitable
access to nutrient-dense foods for all
participant categories. Further, the
Department acknowledges the
recommended amounts of fruits and
vegetables in the 2020–2025 DGA are
equivalent across life stages;
specifically, the DGA recommends 2
and 2.5 to 3 cup equivalents per day of
fruits and vegetables, respectively, for
pregnant, breastfeeding, and postpartum
individuals. The provision of 64 fluid
ounce provides approximately 27
percent of the upper limit of juice in the
recommended fruit and vegetable
category of the DGA for postpartum
women, which aligns with the
supplemental amounts provided for all
pregnant and breastfeeding participant
categories.

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2. Allow CVV as a Substitute for Juice
(§ 246.10(e)(10) and (11), Tables 2 and 3)
This final rule codifies the provision
allowing participants to substitute a $3
CVV for the full juice amount (64 fluid
ounces) through individual tailoring
during benefits issuance, as summarized
in the 2022 proposed rule. The dollar
value of the CVV substitution for juice
will be adjusted annually for inflation,
consistent with fruit and vegetable CVV
adjustments in § 246.16.
Most commenters expressed support
for the CVV substitution option, citing
the importance of participant choice
and the benefits of whole fruits and
vegetables in comparison to juice,
namely dietary fiber. Commenters
further suggested increasing the dollar
amount of the CVV substitution to $4 or
more, believing this higher amount to be
reflective of the market value for juice,
and that as a Federal requirement or
WIC State agency option the CVV be the
default with juice as the substitution
upon participant request. The
Department agrees with the importance
of participant choice and clarifies that
(a) WIC State agencies have the option
to make the $3 CVV the default with
juice substituted upon request and (b)
the dollar value of the CVV substitution
will be evaluated and adjusted annually
for inflation to ensure it keeps pace with
the market value of juice.
Comments in opposition noted
substituting 64 ounces of juice with a $3
CVV results in fewer net servings of
fruits and vegetables as whole forms of
fruits and vegetables typically cost more
than juice, with one suggestion to also
allow substituting additional juice for
the CVV. The Department notes that
while juice in nutrient-dense forms can
be included in healthy dietary patterns,
the 2020–2025 DGA emphasizes fruits
and vegetables in whole forms and sets
limits on the amount of juice
consumption. As noted above, juice in
the current WIC food packages provides
a disproportionate amount of fruit and
vegetable servings compared to servings
from whole forms. Further, the option to
substitute a $3 CVV for the full juice
amount (64 fluid ounces), supports the
Department’s goals of providing greater
flexibility, variety, and choice to
accommodate special dietary needs,
cultural practices, and personal
preferences.

choice to WIC State agencies and
participants. The changes include:
Reduce milk amounts provided in
child, pregnant, and breastfeeding food
packages.
Permit only unflavored milk and
establish an added sugar limit for
yogurts and plant-based milk
alternatives.
• Allow plant-based 13 substitution
options for milk.
• Add a calcium specification for tofu
and a vitamin D specification for
yogurts.
• Allow reduced-fat yogurts for 1
year-old children without restrictions.
• Remove cheese as a separate food
category from the fully breastfeeding
food package.
• Require authorization of unflavored
lactose-free milk.
• Increase yogurt substitution
amounts.
• Remove the limitation that no more
than a total of 4 quarts of milk (for
participants in Food Packages IV–VI) or
6 quarts of milk (for participants in
Food Package VII) may be substituted
for a combination of cheese, yogurt, or
tofu.
• Create separate food packages for
children 12 through 23 months and
children 2 through 4 years.
• Update the FDA standards of
identity citations for yogurt.
1. Reduce Maximum Monthly
Allowances of Milk (§ 246.1(e)(10) and
(11), Tables 2 and 3)
As NASEM recommended, this final
rule codifies the proposed reduction in
milk amounts from:
• 16 quarts to 12 quarts for children
ages 12 to 23 months in the child food
package
• 16 quarts to 14 quarts for children
ages 2 through 4 years in the child food
package,
• 22 quarts to 16 quarts in the
pregnant and partially breastfeeding
food packages, and
• 24 quarts to 16 quarts in the fully
breastfeeding package.
These changes provide appropriate
supplemental quantities and improve
the balance of foods in the food
packages.
The provision to reduce milk amounts
received mixed support. Many
commenters, including several WIC
State and local agencies, expressed
support for the reduced milk amounts,

C. Milk and Milk Substitutions
This final rule revises milk and milk
substitutions as proposed with some
modifications based on public
comments and in consideration of
providing greater flexibility, variety, and

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13 To reflect the addition of plant-based milk
alternatives to the currently allowed soy-based
beverage as a WIC-eligible, the preamble refers to
‘‘plant-based milk alternatives,’’ a term consistent
with that the FDA uses in their draft labeling
recommendations and inclusive of soy-based
beverage.

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28495

with the primary rationales that
participants report receiving too much
milk, the changes are consistent with
the supplemental nature of WIC even
after the reductions to the dairy
amounts, and the WIC food packages
still provide most of the recommended
dairy amounts. Some commenters also
suggested alternatives to the provision
as proposed, including retaining current
amounts or reducing amounts to a lesser
degree for various participant categories.
However, there were also many
commenters, including a few WIC State
agencies, who opposed the reduced
amounts. Comments in opposition
stated that dairy provides important
nutrients and should not be reduced in
a program that serves at-risk
participants; dairy foods are some of the
most highly redeemed products in the
WIC food packages and a reduction
would be noticeable and impact WIC
participants and retailers; reducing milk
amounts conflicts with the DGA and
runs counter to WIC’s nutrition focus;
and that the change, which is not
needed as a cost-savings measure, will
lead to participants increasing their
consumption of less nutritious
beverages, and will reduce participation
in WIC. The Department also
acknowledges, while legally nonbinding, the report language from the
Agriculture, Rural Development, Food
and Drug Administration and Related
Agencies Appropriations Act (Pub. L.
118–42) requests that the Secretary not
reduce the maximum monthly
allowance with respect to milk when
submitting this final rule.
The Department agrees that milk
provides important nutrients, and WIC
continues to support access to dairy
products while rebalancing the foods
and beverages currently provided in
quantities that exceed recommended
amounts. The current DGA recommends
consuming amounts of foods to meet
nutrient needs while not exceeding
calorie requirements. The recommended
amounts of dairy range from 1.66 to 3.00
cups per day across life stages. At
current levels, the WIC food packages
provide up to 128 percent of these
amounts from milk alone. Recognizing
the inconsistency with WIC’s
supplemental intent, NASEM
recommended reducing the milk
amounts to provide a more balanced
supplement to participants’ diets.
Ultimately, the reduced milk quantities
reflect NASEM’s recommendations and
will provide 71 to 96 percent of the
dairy amounts the DGA recommends;
help to rebalance the food packages to
better align with DGA dietary patterns;
and are more consistent with the

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supplemental nature of WIC. The
reduced quantities for children are also
comparable to the amounts in the Child
and Adult Care Food Program (CACFP)
nutrition standards.14 Further, the
Department believes the comprehensive
set of changes made in this final rule
align with nutrition science and
consumer preferences and will result in
more participants fully redeeming their
food benefits.
Regarding the concern that reduced
milk quantities will disincentivize
program participation, the Department
believes that through flexibilities and
additions made in this final rule, such
as increasing the CVV, adding canned
fish to more WIC food packages, and
adding additional juice, dairy, and
whole grain substitution flexibilities
and food options to accommodate
special dietary needs, cultural practices,
and personal preferences, participants
will continue to see the WIC food
packages as a valuable benefit.

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2. Permit Only Unflavored Milk and
Establish an Added Sugar Limit for
Yogurts and Plant-Based Milk
Alternatives (§ 246.10(e)(12), Table 4)
This final rule permits only
unflavored milk and establishes an
added sugar limit for yogurts and plantbased milk alternatives.
a. Permit Only Unflavored Milk
This final rule codifies the provision
to allow only unflavored milk as
summarized in the 2022 proposed rule.
This provision received broad
support, with commenters, including
several WIC State agencies, stating that
only a small number of WIC State
agencies currently authorize flavored
milk. The Department will provide
targeted technical assistance to WIC
State agencies currently authorizing
flavored milk to support successful
implementation of this change.
Commenters in support of this provision
also cited alignment with the DGA
recommendation that nutrient-dense
beverages include little to no added
sugars. Commenters who opposed no
longer allowing flavored milk, including
a few WIC State agencies, stated that
participants would not drink unflavored
milk and that a healthy dietary pattern
can include some added sugars, which
would allow for added sugars in dairy.
The Department clarifies the 2020–2025
DGA includes a limit on added sugars
of less than 10 percent of calories per
day and that nutrient-dense beverages
14 Child Nutrition Programs: Revisions to Meal
Patterns Consistent with the 2020 Dietary
Guidelines for Americans (FNS–2022–0043)
(https://www.regulations.gov/document/FNS-20220043-0001).

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include little, if any, sweeteners. The
DGA further recommends that children
12 through 23 months of age avoid
added sugars because their nutrient
requirements are high relative to the
amount of food consumed, providing
virtually no room in their diets for
added sugars. The Department clarifies
that this provision also applies to
lactose-free milk.
b. Establish an Added Sugars Limit for
Yogurts and Plant-Based Milk
Alternatives
This final rule replaces the current
total sugars limits with an added sugars
limit and codifies the following
provisions for reducing sugars in
yogurts and plant-based milk
alternatives based on public comment as
requested in the 2022 proposed rule:
• Plain or flavored yogurts (dairy and
plant-based) must contain ≤16 grams of
added sugars per 8 ounces (see Vitamin
D Fortification of Yogurts for vitamin D
requirement).
• Plant-based milk alternatives must
contain ≤10 grams of added sugars per
8 fluid ounces (see Plant-Based Milk
Alternatives for other nutrient
requirements).
To maintain consistency across food
categories that currently have total sugar
limits, this final rule also codifies an
added sugars limit for breakfast cereal
(see section F. Breakfast Cereals).
The Department acknowledges the
2022 proposed rule requested comment
on an added sugars limit for yogurt and
soy-based beverages. As discussed
below (see Allow Plant-Based
Alternatives that Meet Nutrient
Specifications), the Department is
codifying changes to allow plant-based
milk alternatives that meet the nutrient
specifications for WIC-eligible soy
beverages. Therefore, the Department
considered comments regarding added
sugars in soy-based beverages to apply
to this broader category of plant-based
milk alternatives, summarized below.
Commenters in support of using an
added versus total sugars limit in yogurt
and plant-based milk alternatives,
including several WIC State agencies,
highlighted that added sugars are not
equivalent to natural sugars found in
lactose or fruit, an added sugar limit is
more consistent with DGA
recommendations, and added sugars
information is available on the Nutrition
Facts label under FDA requirements.
The Department agrees with the
commenters and notes that using an
added sugars limit instead of a total
sugars limit increases consistency with
proposed limits for Federally
administered Child Nutrition Programs,
which is of value to USDA and those

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who participate in such programs. At
the time NASEM developed their WIC
food packages recommendations, FDA’s
regulation to include added sugars on
food labels was not yet implemented.
Given the DGA recommendations on
limiting added sugar, and that the FDA’s
labeling requirement for added sugars
are in effect, this final rule includes an
added sugar limit for yogurt and plantbased milk alternatives (as well as for
breakfast cereal, see section F).
Comments in opposition stated that
specific to yogurt, the varied fat levels
of yogurts result in differing amounts of
naturally occurring sugar from lactose.
These commenters suggested the added
sugars limits NASEM provided in Table
6.5 (page 303) of their 2017 report
would be complex and create an
administrative burden. Commenters
further highlighted the lack of naturally
occurring sugar in plant-based yogurts,
noting these products require additional
added sugars for palatability, and
expressed concern regarding any
proposed limit for total or added sugars.
The Department agrees there would be
substantial administrative burden
associated with added sugars limits that
differ based on the fat content of yogurt.
The added sugars limit of ≤16 grams per
8 ounces of yogurt aligns with NASEM’s
suggested limits, which ranged from 11–
18 grams of added sugars per 8 ounces
depending on fat content, while easing
administrative burden and aligning with
proposed limits for Federally
administered Child Nutrition Programs.
The Department believes that a limit on
the allowable added sugars content in
plant-based yogurts is important for
consistency with current dietary
guidance and to support healthy dietary
patterns.
3. Allow Plant-Based Alternatives That
Meet Nutrient Specifications as Milk
Substitution Options (§ 246.10(e)(10)
Through (12), Tables 2 Through 4)
This final rule adds plant-based milk
alternatives, yogurts, and cheeses as
milk substitution options.
a. Plant-Based Milk Alternatives
This final rule codifies allowing
plant-based milk alternatives that meet
the nutrient specification for WICeligible soy beverages in current WIC
regulations (§ 246.10(e)(12), Table 4) as
summarized in the 2022 proposed rule,
with the addition of an added sugar
limit codified in this final rule (see
Establish an Added Sugars Limit for
Yogurts and Plant-Based Milk
Alternatives, above).
This final rule also codifies a
technical correction to 7 CFR
246.10(e)(10) through (12) to reflect the

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addition of plant-based milk alternatives
to the currently allowed soy-based
beverage as a WIC-eligible food by
replacing ‘‘soy-based beverage’’ with
‘‘plant-based milk alternatives,’’ a term
consistent with FDA draft labeling
recommendations 15 for these products.
Additionally, the Department is
clarifying that the current WIC State
agency option to authorize plain or
flavored (e.g., vanilla, chocolate, etc.)
soy-based beverage will apply to all
plant-based milk alternatives, and such
products will be required to meet added
sugar requirements. The Department is
also clarifying that Federal regulations
will not require or allow for medical
documentation to issue plant-based
milk alternatives or other milk
substitution options. Among the goals of
this final rule are to accommodate
special dietary needs and cultural and
personal preferences and to provide
more equitable access to the
supplemental foods WIC provides.
Requiring medical documentation to
issue foods outside of Food Package III
creates an unnecessary burden on
participants and inequitable access if
WIC State agencies’ policies differ in
how participants can obtain a milk
substitution. Therefore, WIC State
agencies that require medical
documentation to provide a milk
substitution option may no longer do so;
rather, WIC State agencies must issue
milk substitutions to participants when
individually tailoring WIC food
packages to accommodate special
dietary needs and cultural and personal
preferences.
Most commenters, including WIC
State agencies, supported offering other
plant-based milk alternatives that meet
nutrient specifications and discussed
that many children who are allergic to
milk are also allergic to soy, and so
providing other plant-based milk
alternatives provides a healthy beverage
option for these participants.
Commenters also discussed that
providing additional plant-based milk
alternatives provides more options for
those with cultural preferences for nondairy milks and urged the Department to
allow a variety of plant-based milks
beyond soy. Some commenters,
including WIC State agencies, noted the
limited availability of products that
15 FDA Provides Draft Labeling Recommendations
for Plant-based Milk Alternatives to Inform
Consumers (https://www.fda.gov/news-events/
press-announcements/fda-provides-draft-labelingrecommendations-plant-based-milk-alternativesinform-consumers#:∼:text=The%20draft
%20guidance%2C%20%E2%80%9CLabeling
%20of%20Plant-based
%20Milk%20Alternatives,and%20Nutrition
%20Service%20fluid%20milk%20substitutes
%20nutrient%20criteria).

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meet the current nutrient specifications
and expressed concern for the relatively
high cost of plant-based milks. The
Department recognizes the limited
availability of products that currently
meet nutrient specifications and, given
that dairy and soy are among the most
common food allergens, is creating a
pathway to allow WIC Stage agencies to
authorize such products as they become
available rather than waiting for a future
rulemaking. Such a pathway provides
WIC State agencies with greater
flexibility to prescribe and tailor WIC
food packages that accommodate
participants’ special dietary needs and
personal and cultural food preferences,
thus increasing equity. Additionally,
USDA understands the cost concerns
that some WIC State agencies expressed,
and while the Department encourages
WIC State agencies to offer as much
flexibility, variety, and choice as
possible for their participants, USDA
also reminds WIC State agencies that
they are not required to authorize all
WIC-eligible foods. When deciding
which types and brands of WIC foods to
authorize, including when authorizing
plant-based milk alternatives, WIC State
agencies should consider factors such as
package size, food prices, product
availability across their jurisdiction, and
program management costs along with
participant preference and demand.
Some commenters also expressed a
concern about the unit of measure since
some products are available in 48-ounce
containers. The current substitution
ratio for soy-based beverages—an equal
quart for quart substitution—will apply
to plant-based milk alternatives, as will
the ability for participants to substitute
these products for the full milk
allotment. Since milk and plant-based
milk alternatives provide critical
nutrients such as calcium and vitamin
D, it is important that WIC participants
have a way to redeem their full food
benefit. For all foods authorized, WIC
State agencies must authorize container
sizes that equal or add up to the full
MMA. However, this final rule also
gives WIC State agencies the option to
also authorize container sizes that may
not equal or add up to the full MMA
(see section J. Maximum Monthly
Allowance (MMA)).
While the Department received broad
support for this provision, several
commenters expressed mixed views on
the nutrient specifications for, or
current nutrient content of, plant-based
milk alternatives. One WIC State agency
and one local WIC agency supported
allowing plant-based milk alternatives
but opposed the nutrient requirements,
citing variety and flexibility as more
important than matching the nutrient

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content of dairy milk. In contrast, some
commenters expressed concern about
the lack of equivalency in the nutrient
content of plant-based milk alternatives
relative to WIC-eligible dairy products,
noting the important nutrients dairybased products provide and citing the
AAP, the AND, the American Academy
of Pediatric Dentistry (AAPD), and the
American Heart Association (AHA) as
not recommending plant-based milk
alternatives. A couple of commenters
opposing this provision asserted the
proposed authorization of lactose-free
milk and flexibilities for substituting
yogurt and cheese will ensure dairy’s
nutrients and health benefits are
accessible to all WIC participants
without a need to authorize plant-based
milk alternatives.
USDA agrees cow’s milk provides
important nutrients, including calcium,
vitamin D, and potassium—defined as
nutrients of public health concern in the
2020–2025 DGA. As such, based on
recommendations from NASEM, FNS
proposed in 2006, implemented in 2007,
and finalized in 2014 a provision to
allow soy-based beverage that was
fortified to contain nutrients in amounts
similar to cow’s milk. This was to
ensure participants who substitute soybased beverage for milk consume
priority nutrients in similar amounts
relative to dairy milk. Allowing other
plant-based milk alternatives with the
same nutrient specifications as soybased beverage supports consumption of
priority nutrients in similar amounts
relative to dairy milk. It also creates
consistency across eligible products and
reduces administrative burden and the
possibility of participant and vendor
confusion.
USDA does not agree that lactose-free
milk and dairy-based yogurt and cheese
alone are sufficient alternatives for WIC
participants. Individuals do not
consume dairy for a variety of reasons,
including special dietary needs such as
an allergy, or cultural or personal
preferences. While some individuals
with lactose intolerance may tolerate
dairy-based yogurt and cheese and soybased beverages, dairy and soy are
among the top food allergens, making
these foods unavailable options as milk
substitutions for WIC participants with
these allergies.
The Department highlights the 2020–
2025 DGA’s recognition of beverages
fortified with calcium, vitamin A, and
vitamin D as included in the dairy
group because of the similarity in
nutrient composition when compared to
cow’s milk. While the nutritional
content of many plant-based milk
alternatives currently available in the
retail marketplace is not similar to dairy

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milk or soy-based beverages, the
pathway the Department is creating
through this rulemaking will allow for
products to be added in the future.
Additionally, USDA notes that in
response to the 2022 proposed rule, the
AAP commented, ‘‘Dairy-free
alternatives to milk can be helpful for
children with milk allergies or other
dairy restrictions.’’ While noting that
‘‘many of these products lack the
essential nutrients that dairy products
contain,’’ they also stated that they
would be ‘‘supportive of the addition of
dairy-free alternatives to the WIC food
package so long as their protein, vitamin
D, and calcium amounts are similar to
milk and that they do not contain
significant added sugars.’’ Allowing
WIC State agencies to authorize
additional plant-based milk alternatives
that meet the nutrient specifications for
WIC-eligible soy beverage, as the
marketplace allows, supports equitable
access to supplemental foods consistent
with the legislative intent of the WIC
Program.
b. Add Plant-Based Yogurts and PlantBased Cheeses
Based on public comment requested,
this final rule codifies allowing plantbased yogurts and cheeses as
substitution options for milk as
summarized in the 2022 proposed rule
with modification to the vitamin D
specification and the use of an added
versus a total sugar limit (see Establish
an Added Sugars Limit for Yogurts and
Plant-Based Milk Alternatives) for plantbased yogurt:
• Plant-based yogurts must contain
≤16 grams of added sugars and at least
250 milligrams of calcium, 6.5 grams of
protein, and 106 IU (2.67 micrograms) of
vitamin D per 8 ounces.
• Plant-based cheeses must contain at
least 250 milligrams of calcium and 6.5
grams of protein per 1.5 ounces.
Several commenters, including WIC
State agencies, supported allowing
additional plant-based yogurts and
cheeses (i.e., not just soy-based) as milk
substitution options to accommodate
those with dairy and soy allergies and
provide variety for those who follow
vegetarian or vegan dietary patterns. As
with plant-based milk alternatives,
commenters likewise cited availability
and cost concerns. As noted in the
discussion for plant-based milk
alternatives, while the availability of
products that meet nutrient
requirements for plant-based yogurts
and cheeses are limited currently,
creating a pathway for future inclusion
eliminates a barrier to addressing
special dietary needs and cultural and
personal preferences. USDA also

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received a request for the vitamin D
requirement to match the minimum
optional vitamin D fortification amount
outlined in the FDA’s updated Standard
of Identity (SOI) (see Vitamin D
Fortification of Yogurts) for the
discussion on vitamin D). Only a few
commenters opposed adding plantbased yogurts and cheeses, with a
concern expressed for participant
confusion because plant-based milk
alternatives are not allowed, and an
assertion that dairy-based yogurt and
cheese provide important nutrients.
This final rule allows plant-based milk
alternatives, thus there is consistency in
allowing plant-based milk alternatives,
yogurts, and cheeses. USDA agrees that
WIC-eligible dairy-based foods provide
important nutrients, including calcium
and vitamin D. Likewise, allowing
plant-based yogurts and plant-based
cheeses that meet the nutrient
specifications contained in this rule
allows for greater access to these
nutrients by participants with certain
conditions or for those who follow
vegetarian or vegan dietary patterns.
5. Add a Calcium Specification for Tofu
and a Vitamin D Specification for
Yogurt (§ 246.10(e)(12), Table 4)
This final rule adds a calcium
specification for tofu and a vitamin D
specification for yogurt.
a. Calcium Fortification of Tofu
This final rule codifies a calcium
requirement for tofu as summarized in
the 2022 proposed rule with
modification to 100 milligrams of
calcium per 100 grams of tofu.
Commenters, including WIC State
agencies, expressed general support for
requiring calcium fortification of tofu,
stating this would be especially
beneficial for participants with milk
allergies. Many commenters expressed
concerns about current marketplace
availability of tofu products that meet
the proposed specification (200
milligrams of calcium per 100 grams of
tofu), stating that this requirement
would remove or eliminate all tofu
products currently eligible and noting
the effect that adding calcium has on the
texture of tofu.
Based on comments, USDA
conducted additional marketplace
analyses. Using USDA Agricultural
Research Service’s (ARS) Food Data
Central Database, 27 out of 40 tofu
products randomly selected across a
variety of brands and textures were
found to provide 100 milligrams or
more of calcium per 100 grams of tofu.
For the three WIC State agencies that
provided information about products in
their state, this calcium amount is

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consistent with the lower end of what
they reported as being available: 100–
153 milligrams of calcium per 100
grams of tofu. Calcium is a priority
nutrient for the WIC target population,
so adding a calcium specification for
WIC-eligible tofu ensures those who
substitute tofu for milk still obtain
calcium. Lowering the minimum
requirement from 200, as proposed, to
100 milligrams of calcium per 100
grams of tofu increases access to this
priority nutrient in a manner that
reflects current marketplace availability.
b. Vitamin D Fortification of Yogurts
This final rule codifies a vitamin D
requirement for yogurts (dairy- and
plant-based) as summarized in the 2022
proposed rule with modification to 106
IU (2.67 micrograms) of vitamin D per
8 ounces of yogurt. The Department is
also extending the implementation date
for this requirement to April 26, 2027,
based on public comment. This date is
a deadline, thus if products that meet
the vitamin D specification are available
sooner, WIC State agencies may and are
encouraged to authorize these products
in advance of this date.
Most commenters, including WIC
State agencies, supported adding a
vitamin D specification to yogurt to
improve participant health, citing the
underconsumption of this nutrient. The
primary concern among commenters,
including a couple of WIC State
agencies, who supported and opposed
this provision was marketplace
availability and the potential for
reducing or eliminating all currently
authorized yogurts followed by a
concern about manufacturers’
willingness to modify products.
However, through the public comment
process, an industry advocacy group
and several yogurt manufacturers
expressed their support for a vitamin D
specification for WIC-eligible yogurts.
No manufacturers or industry
representatives submitted comments in
opposition to adding a vitamin D
specification, and two of the
manufacturers and an industry
advocacy group recommended that
USDA implement a specification to
match the minimum optional vitamin D
fortification amount outlined in the
FDA’s updated SOI for yogurt (21 CFR
131.200), which states that: ‘‘If added,
vitamin D must be present in such
quantity that the food contains not less
than 10 percent Daily Value per
Reference Amount Commonly
Consumed (RACC) thereof, within limits
of current good manufacturing
practices.’’ With a RACC of 6 ounces
and a Daily Value of 800 IU (20
micrograms), the minimum amount of

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vitamin D the FDA SOI requires if
yogurt is optionally fortified with
vitamin D is 80 IU (2.0 micrograms) per
6-ounce serving. This amount meets the
FDA definition of a ‘‘good source’’ of a
nutrient and translates to approximately
106 IU (2.67 micrograms) per 8 ounces,
slightly higher than the 2022 proposed
rule’s 100 IU (2.5 micrograms) per 8
ounces. The Department finds merit in
industry’s request to align vitamin D
specifications for WIC-eligible yogurts
with the FDA’s SOI for yogurt (21 CFR
131.200) when yogurt is voluntarily
fortified with vitamin D and is
modifying the proposed specification
accordingly.
Industry commenters also requested
USDA extend implementing this
provision to 30 months to allow time for
manufacturers to reformulate products.
The Department finds this timeline to be
reasonable based on the current
marketplace requirements for vitamin D
in yogurt and the Department’s
experience with review of reformulated
and new products. To allow additional
time for WIC State agencies’ product
review and APL and MIS updates, the
Department is further extending the
implementation date for the vitamin D
requirement for yogurt by an additional
6 months, for a total of 36 months after
publication of this final rule.
USDA received one comment stating
that vitamin D is already present in
several other fortified WIC-eligible foods
and this nutrient should be obtained
through active time outdoors. As noted
in the proposed rule, the DGA identifies
vitamin D as a nutrient of public health
concern for people in all life stages and
notes that vitamin D recommendations
are hard to achieve through natural
sources from diet alone and would
require consuming foods and beverages
fortified with this vitamin. The DGA
also notes that some individuals may
have difficulty producing sufficient
vitamin D from sunlight exposure.
Additionally, the Centers for Disease
Control and Prevention (CDC) 16 and
National Institute of Health (NIH) 17
encourage vitamin D consumption
through food or dietary supplements to
reduce UV exposure and ensure an
16 The Center for Disease Control and Prevention
notes ‘‘there is no know level of UV exposure that
would increase vitamin D levels without also
increasing skin cancer risk. https://www.cdc.gov/
cancer/skin/basic_info/outdoors.htm.
17 National Institutes of Health guidance for
vitamin D states that clothing and sunscreen can
block skin production of vitamin D and that
neighborhood social conditions may reduce sun
exposure (https://www.ncbi.nlm.nih.gov/pmc/
articles/PMC6843675/) and NIH fact sheet ‘‘Vitamin
D—Health Professional Fact Sheet,’’ (https://
ods.od.nih.gov/factsheets/VitaminD-Health
Professional/).

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adequate amount is obtained when
neighborhood conditions like weather,
crime, traffic, and lack of outdoor space
for safe play limit the ability to spend
time outdoors.
6. Allow Reduced-Fat Yogurts for 1Year-Old Children Without Restrictions
(§ 246.10(e)(10) and (11), Tables 2 and 3)
This final rule codifies allowing
reduced-fat yogurts for 1-year-old
children without restriction as
summarized in the 2022 proposed rule
(i.e., both whole fat and reduced-fat
yogurts may be issued to children 12–
13 months of age without consultation
with the participant’s healthcare
provider).
Commenters, including several WIC
State agencies, largely supported this
provision, citing that the DGA dietary
pattern for children 12 through 23
months of age includes low-fat plain
yogurts in the dairy food group for this
age category to support consumption of
a combination of foods to meet nutrient
needs within limited calories.
Commenters also stated that the change
would expand yogurt variety and
participant choice for children in this
age group, improve participants’
shopping experience because of the
expanded options it affords, increase
access to and consumption of dairy/
yogurt, and reduce administrative,
participant, and healthcare provider
burden. The few commenters who
opposed this provision, including WIC
State agencies, stated that this change
would create an administrative burden,
requiring WIC State agencies to re-work
the current category/subcategory
structure on the MIS for the different fat
levels of yogurt, and requesting to retain
whole fat yogurt as the default standard
issuance and allow the participant to
determine which yogurt best suits their
needs at the store.
The Department appreciates support
for this provision and highlights the
change to allow whole and low-fat
yogurts as standard issuance to children
12 to 23 months of age aligns with the
2020–2025 DGA and expands yogurt
variety and participant choice. While
there are administrative efforts
associated with the change, this onetime effort to update the MIS reduces
the ongoing administrative burden of
prescribing fat content at the time of
food package prescription, as well as
participant and healthcare provider
burden associated with the current WIC
State agency option to require (if
necessary) a consultation with the
child’s health care provider to issue
low-fat (0.5–2 percent) or nonfat yogurt.
The Department received one
comment expressing concern the change

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may increase the amount of sugar young
children consume, given the relatively
higher added sugar content of low-fat
yogurt. Through this rulemaking, USDA
is reducing added sugars provided
through the WIC food packages by no
longer allowing flavored milk and
placing limits on added sugars for WICeligible plant-based beverages and dairy
and plant-based yogurts. The
Department believes this change allows
modest flexibility to participants within
the DGA-recommended limits on sugars
that supports a healthy dietary pattern
over time and that through nutrition
education WIC staff can work with
parents and caretakers to identify the
yogurt that works for them and
encourage foods and beverages with
little to no added sugars.
7. Remove Cheese From the Fully
Breastfeeding Food Package
(§ 246.10(e)(7)(ii) and (e)(10) and (11),
Tables 2 and 3)
This final rule removes cheese as a
separate food category for fully
breastfeeding participants (Food
Package VII) as NASEM recommended
to provide a better balance of nutrients
and align with the DGA
recommendation for reducing saturated
fat consumption. Participants receiving
the fully breastfeeding food package will
continue to be able to substitute cheese
for milk like all other participants
receiving milk in their food package.
The Department received several
comments in support of this provision,
including from several WIC State
agencies, stating that reducing the
cheese allotment would be consistent
with NASEM and DGA
recommendations regarding reducing
saturated fat intake and provide a better
balance of nutrients. Commenters also
noted that retaining the ability to
substitute cheese for milk allows
participants continued access to this
food. Some commenters opposed this
provision, including several WIC State
agencies, asserting that it is detrimental
to nursing mothers who have increased
caloric needs and particularly so for
individuals who are lactose intolerant
but may tolerate cheese. These
comments also discussed the overall
importance of dairy products to health
and nutrition and that removing cheese
could limit calcium and protein for
breastfeeding participants and
disincentivize fully breastfeeding.
The Department reiterates that cheese
remains available to all participants
(except for infants) as a partial milk
substitution. While participants
receiving the fully breastfeeding food
package will no longer have cheese as
a separate food item, they are still able

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to substitute cheese for milk like all
other participants issued milk in their
food package. Thus, the revised fully
breastfeeding food package continues to
provide access to dairy in an amount
consistent with the supplemental nature
of WIC by providing 71 percent of the
DGA dietary pattern recommendations
(compared to the current fully
breastfeeding food package that
provides 119 percent). This change
aligns with DGA recommendations for
reducing saturated fat consumption and
DGA guidance to consume a balanced
diet that meets, but does not exceed,
recommended food group and subgroup
amounts and nutrients appropriate for
an individual’s life stage. With a greater
CVV, more canned fish and eggs, and
both legumes and peanut butter, the
fully breastfeeding food package
provides a food benefit consistent with
higher caloric needs during this life
stage and a better balance of nutrients.
Further, as this rule expands options for
participants who are lactose-intolerant,
such as adding plant-based yogurt and
plant-based cheese options and
requiring WIC State agencies to
authorize lactose-free milk, this
rulemaking is expected to improve
equitable access to key nutrients WIC
supplemental foods provide.
The following provisions did not
receive significant or substantial public
comment; this final rule codifies the
following provisions as summarized in
the 2022 proposed rule:
• Require all State agencies to
authorize unflavored lactose-free milk.
• Increase yogurt substitution
amounts from 1 quart of yogurt for 1
quart of milk to allow up to 2 quarts of
yogurt for 2 quarts of milk.
• Expand substitution options by
removing the limitation that no more
than a total of 4 quarts of milk (for
participants in Food Packages IV–VI) or
6 quarts of milk (for participants in
Food Package VII) may be substituted
for a combination of cheese, yogurt, or
tofu.
• Create separate food packages for
children 12 through 23 months (Food
Package IV–A) providing 12 quarts of
milk and children 2 through 4 years
(Food Package IV–B) providing 14
quarts of milk.
• Update the FDA Standard of
Identity (SOI) citations for yogurt.
D. Infant Foods
As NASEM recommended, this final
rule reduces the amount of infant cereal
for all infants and reduces the amount
of infant fruits and vegetables and infant
meat for fully breastfed infants. This
final rule also increases substitution
amounts for infant fruits and vegetables;

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allows forms other than fresh; and
lowers the minimum age for all infants
to receive a CVV. These changes provide
supplemental quantities and align with
AAP’s complementary feeding
recommendations. This final rule does
not exclude ‘‘added fats’’ from the
ingredients authorized for infant foods
as originally proposed.
Early Introduction of Peanut Butter to
Infants
This final rule does not address the
early introduction of peanut butter to
infants. While the Department
appreciates comments on this topic in
conjunction with comments on the
proposed changes to infant foods, the
topic is outside the scope of this final
rule. Infants ages 6 through 11 months
receive complementary foods in the
categories of infant cereals, infant food
fruits and vegetables, and infant food
meat. Currently, a legumes and peanut
butter category is not part of the infant
food packages. In their 2017 report,
NASEM did not recommend changes to
include new infant foods, such as
legumes and peanut butter, to the infant
food packages or review the appropriate
amount of peanut butter to include in
the infant food package if such changes
were made. The Department recognizes
there is an evolving body of scientific
data that supports the early introduction
of peanut-containing foods to help
prevent a food allergy to peanuts;
however, the applicability to the WIC
food packages still requires further
exploration and this topic may be
included as part of the next
comprehensive scientific review of the
WIC food packages.
1. Reduce Infant Cereal, Infant Fruits
and Vegetables, and Infant Meat
(§ 246.10(e)(9), Table 1)
This final rule codifies the reductions
to infant foods as summarized in the
2022 proposed rule. The revisions do
not change the types of infant foods
offered, maintaining alignment with
DGA recommendations to introduce
foods from all food groups starting at
about 6 months of age and to include
foods rich in iron and zinc, particularly
for infants fed human milk. The
reduction to infant foods provides
appropriate supplemental quantities, as
NASEM recommended, and align with
the AAP’s complementary feeding
recommendations. In the interest of
clarity, reduction to infant cereal, infant
fruits and vegetables, and infant meat
are discussed separately in this section.
a. Infant Cereal
Based on NASEM recommendations,
this final rule codifies the reduction in

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the amount of infant cereal from 24
ounces to 16 ounces for fully breastfed
infants and from 24 ounces to 8 ounces
for partially (mostly) breastfed and fully
formula fed infants. NASEM’s review
identified the current infant food
packages as providing 150 percent of the
maximum amounts of infant cereal
recommended by the AAP.
Many commenters, including
multiple WIC State agencies, expressed
support for the reduction in infant
cereal noting alignment with NASEM
and AAP recommendations. Multiple
WIC State agencies reported low
redemption rates of infant cereal, and
another commenter stated that cereal is
often used as a starter food for infants
up to 9 months of age and not used
much thereafter. Some commenters
expressed concern about reducing cereal
for breastfed infants as it is a reliable
source of iron for infants past 6 months
of age, especially for infants who do not
receive iron-fortified formula and for the
WIC population, which has higher
nutritional risk.
One commenter stated that the 2017
NASEM report reflects an incorrectly
calculated AAP recommendation for
infant cereal. The Department does not
agree with this comment. NASEM’s
recommendations are based on the
AAP’s 2014 Pediatric Nutrition, 7th
Edition recommendations, which were
unchanged in their 2020 update and
remain current.
The Department agrees that providing
iron and zinc rich foods to infants 6
months of age and older is important,
especially for fully breastfed infants.
This final rule provides infant cereal in
amounts that align with the NASEM and
current AAP recommendations and
recognize that breastfed infants may
require more iron and zinc fortified
cereal than formula fed infants because
human milk contains low levels of these
nutrients. USDA may further assess
adequate iron intake through infant
cereal during the next comprehensive
review of the WIC food packages.
Arsenic in Infant Cereal
In addition to comments on the
amount of infant cereal in WIC food
packages, the Department received a few
comments encouraging the removal of
infant rice cereal as a WIC-eligible food,
citing high arsenic levels. Through
comments, the Department is aware that
several WIC State agencies have already
removed refined infant rice cereals from
APLs due to concerns of arsenic levels.
One commenter suggested requiring
infant cereals to be whole grain with the
exclusion of brown rice as a method of
reducing exposure to arsenic, while
others acknowledged arsenic concerns

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but encouraged USDA to keep infant
rice cereal as a WIC-eligible due to the
importance of having gluten-free
options.
The Department is following the
recommendations of the FDA’s Closer to
Zero 18 plan to reduce dietary exposure
to contaminants (including arsenic) to
as low as possible while maintaining
access to nutritious foods. FDA states
arsenic is found in both inorganic and
organic forms and that inorganic arsenic
is generally considered more toxic than
organic arsenic. The amount of
inorganic arsenic found in rice
products, such as infant rice cereals,
varies among manufacturers. To ensure
infant safety, FDA has established an
action level for inorganic arsenic in
infant rice cereals that is intended to
reduce the possible risks of
neurodevelopmental delays and other
health problems that may occur from
consuming inorganic arsenic.
Production of infant rice cereals by
companies following FDA’s current
good manufacturing practices helps to
ensure the safety of this food category.
The Department agrees infant rice cereal
is an important gluten-free alternative
and is maintaining this as an option in
the WIC food packages consistent with
FDA guidance. WIC State agencies are
encouraged to authorize a variety of
infant cereal grain types and maintain
their authority to establish criteria in
addition to the minimum Federal
requirements, to include limiting infant
rice cereal if deemed necessary. USDA
will continue to work with FDA to
communicate key messaging regarding
the safety of the food supply when
appropriate.
b. Infant Fruits and Vegetables
As NASEM recommended, this final
rule codifies the reduction in jarred
infant fruits and vegetables for fully
breastfed infants from 256 ounces per
month to 128 ounces per month.
According to NASEM, the current fruit
and vegetable amount in the fully
breastfed food package provides more
than a one cup-equivalent of fruits and
vegetables per day, an amount difficult
for 6 through 11-month-old infants to
consume. The revised amount aligns
with the amount currently provided to
partially (mostly) breastfed and fully
formula fed infants.
Many commenters, including WIC
State agencies, expressed support for the
proposed reductions in infant fruits and
vegetables due to low redemption rates
18 Food and Drug Administration’s Closer to Zero:
Reducing Childhood Exposure to Contaminants
from Foods (https://www.fda.gov/food/
environmental-contaminants-food/closer-zeroreducing-childhood-exposure-contaminants-foods).

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and the importance of introducing a
variety of foods—in multiple forms—to
infants beginning at about 6 months.
The Department agrees. As noted in the
2022 proposed rule, the current food
package provides fully breastfed infants
with more than a one cup-equivalent of
fruits and vegetables per day, an amount
difficult for an infant 6 to 11 months of
age to consume.
The few comments in opposition
cited general concern for a reduction in
the amount of food provided, noting this
may disincentivize the fully
breastfeeding food package. The
Department appreciates this concern
and believes that the numerous changes
to this food package, designed to
increase variety, choice, and flexibility
will provide continued appeal for fully
breastfeeding participants. In addition,
the Department notes that the reduction
aligns with the overarching rationale for
this rulemaking to provide
supplemental amounts of food and
improve the balance of foods and
nutrients in the food packages.
The Department also received one
suggestion to codify the reduced amount
but introduce this provision beginning
at 4 months of age. While the
Department recognizes some infants
may show developmental signs of
readiness for nutrient-dense
complementary solid foods before 6
months of age, the AAP recommends
complementary foods should be
introduced to infants at about 6 months
of age.
c. Infant Meats
This final rule codifies the reduction
in infant meats for fully breastfed
infants from 77.5 to 40 ounces, as
summarized in the 2022 proposed rule.
This revised amount provides
approximately 65 percent of the AAPrecommended maximum (previously
130 percent).
Many commenters, including WIC
State and local agencies, expressed
support for the reduction of infant meats
in the fully breastfeeding package to
align with the supplemental nature of
the program and cited low redemption
rates of infant meats. Several
commenters stated that many of their
WIC clients do not like the single
ingredient jarred infant meats. Another
commenter stated that pureed meats are
one of the lowest redeemed foods and
are not as culturally acceptable within
their Tribe as other protein sources.
There were few comments in opposition
to this provision. Some commenters
stated that meats are a good source of
complete protein, heme iron, zinc, and
other vitamins and minerals that
support neurologic development and

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immune function, especially among
breastfed infants that do not receive iron
supplementation in formula. Another
commenter stated that meat-based
protein is considered optimal for infants
as it is a high-quality protein and
digested and absorbed more efficiently.
The Department agrees that infant
meats provide a good source of iron and
zinc that is important for fully breastfed
infants. However, reducing infant meats
to a supplemental quantity is consistent
with the goals of this rulemaking and
dietary guidance to consume a balanced
diet that meets but does not exceed
recommended amounts of foods and
nutrients.
Infant Meat Redemption
Due to the low redemption of infant
meat and the importance of this food as
an iron source for fully breastfed
infants, the Department requested
public comment on ways to support
increased redemption of infant meats,
and iron-rich foods in general, for fully
breastfed infants. Several commenters
requested USDA allow alternatives to
infant jarred meats, such as infant
combination foods containing meats and
vegetables, or allowing meat alternatives
such as eggs, legumes, and tofu. Other
commenters recommended adding fresh
meat and fish to infant food packages.
The Department appreciates these
suggestions but believes that before such
changes can be incorporated, additional
research is needed to identify and
develop strategies to increase iron
consumption among WIC infants, as
well as identify good sources of heme
iron that meet eligibility criteria for
WIC. Although no changes were made
in this final rule in response to these
comments, the Department will
consider these comments in the future
development of nutrition education and
resources.
The Department appreciates the
suggestions to increase redemption and
consumption of infant meat and
alternate options for iron-rich foods.
NASEM considered inclusion of infant
meat dinners (which contain meat and
vegetables) but determined the amount
of iron per ounce is significantly lower
compared to single ingredient products.
NASEM also determined that the nonheme iron found in eggs, tofu, and
legumes would not be nutritionally
equivalent to the heme iron available in
infant meats. Regarding seafood for
infants, while the current EPA–FDA
advice for eating fish 19 provides
updated information about
19 Advice about Eating Fish (https://www.fda.gov/
food/cfsan-constituent-updates/fda-issues-updatedadvice-about-eating-fish).

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methylmercury exposure for younger
children, neither agency has issued
advice on which varieties of fish are safe
or how much to recommend for infants
to limit methylmercury exposure.
Further, the DGA does not provide an
infant dietary pattern with
recommended amounts and types of
fish. The Department may include an
assessment of the amounts and types of
fish that could be available in infant
food packages during the next
comprehensive review of the WIC food
packages.
Commenters also highlighted the
importance of nutrition education as a
way to improve iron consumption. The
Department agrees that nutrition
education can be used to encourage
consuming iron rich foods, including
those containing meat, and this
messaging should continue to be part of
the nutrition education provided to WIC
participants.
2. Increase CVV Substitution Amounts
for Infant Fruits and Vegetables, Allow
Forms Other Than Fresh, and Lower the
Minimum Age for Infants To Receive a
CVV (§ 246.10(e)(9), Table 1)
This final rule codifies the increase to
the CVV substitution amount for infants;
allows the CVV for infants to be used to
purchase at least one other form of fruits
and vegetables in addition to fresh (see
section A. Fruits and Vegetables.
Require One Other Form of Fruits and
Vegetables in Addition to Fresh); and
lowers the age (from 9 to 6 months) at
which the CVV can be substituted for
infant fruits and vegetables, as
summarized in the 2022 proposed rule.
Many commenters expressed support
for all three actions in this provision,
stating they better meet the needs of and
empower families to prepare more foods
at home, accommodate varied food
preferences, and are more consistent
with the developmental progression of
feeding complementary foods. One
commenter suggested allowing the CVV
substitution to begin at 4 months of age,
which the Department will not
implement as NASEM and the DGA
recommend introducing complementary
foods around 6 months of age (see b.
Infant Fruits and Vegetables above).
One commenter opposed this
provision, stating that allowing the CVV
substitution would be inconsistent with
NASEM recommendations and reduce
the net fruit and vegetable servings
obtained through WIC and expressed
concern that substituting a CVV for
infant fruit and vegetable purees may
result in older family members
consuming the food, instead of the
infant as intended. The Department
clarifies this provision mirrors

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NASEM’s recommendation to provide
either: 128 ounces of infant fruits and
vegetables; 64 ounces of infant fruits
and vegetables and a $10 CVV; or no
infant fruits and vegetables and a $20
CVV, and that all three options support
a supplemental amount of fruits and
vegetables for infants. Substituting
jarred infant fruits and vegetables with
the CVV may allow participants to buy
more servings of these foods and allow
caregivers to prepare foods with
developmentally appropriate textures
for older infants. Regarding the potential
of another family member using the
infant CVV, the Department appreciates
this concern and believes it is addressed
through education at the time of food
package issuance, which includes
instructions that all foods issued—not
just the CVV substitution—are intended
for participant use only.
3. Withdraw Proposed Provision To
Prohibit Added Fats in Infant Foods
(§ 246.10(e)(12), Table 4)
This final rule will not codify
excluding ‘‘added fats’’ from the
ingredients allowed in infant foods as
summarized in the 2022 proposed rule.
The Department proposed this change to
align infant food packages with the
healthy eating patterns of children as
they grow. However, several
commenters expressed general concern
about this proposed provision, finding
the recommendation vague and
affirming that variables (such as those
described below) would need to be
considered to carry out the provision
effectively. Other commenters discussed
the benefits of fats, including omega-3
fatty acids needed for brain
development. One commenter
questioned the availability of infant
meats without broth/gravy containing
added fats, suggesting USDA consider
excluding added fats from infant cereal,
fruits, and vegetables only. The
Department finds merit in the concerns
commenters expressed pertaining to
restricting all added fats from infant
foods which would include
polyunsaturated fats which play a role
in brain development of infants as well
as the operational feasibility of
implementing this provision. USDA
may consider additional research during
the next comprehensive review of the
food package to determine if restricting
added fats is feasible in a way that
supports infants’ comprehensive
nutrition needs and program
administration.

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E. Add Infant Formula Flexibilities and
Create a Separate Food Package for
Partially (Mostly) Breastfeeding
Participants
This final rule increases formula
amounts in the first month for partially
(mostly) breastfed infants; allows all
prescribed infant formula quantities to
be considered ‘‘up to’’ amounts; and
creates a separate and enhanced food
package for partially (mostly)
breastfeeding participants. These
changes will be codified as proposed,
with no modification, and will
collectively add flexibilities to infant
formula amounts and create a separate
food package to strengthen support
individual breastfeeding goals to help
participants establish successful longterm breastfeeding.
1. Increase Formula Amounts in the
First Month for Partially (Mostly)
Breastfed Infants (§ 246.10(e)(1)(ii) and
(e)(9), Table 1)
This final rule codifies the increased
maximum monthly infant formula
amounts for partially (mostly) breastfed
infants in the first month from 104 fluid
ounces to up to 364 fluid ounces, as
summarized in the proposed rule.
Consistent with current requirements,
the amount of formula issued will
continue to be tailored based on an
individual nutrition and breastfeeding
assessment. [Note: The revised amount
of 364 fluid ounces reflects the FNB and
corresponds to the MMA of 388 fluid
ounces of reconstituted liquid
concentrate, 384 fluid ounces of readyto-feed, or 435 fluid ounces of
reconstituted powder formula for
partially breastfed infants aged one
through three months. Therefore, this
provision eliminates the need for the
birth to one month feeding category.]
This proposed change received
support from many commenters, who
cited that the change would assist
participants in achieving their
breastfeeding goals, ensure infants
receive adequate nutrition, increase
breastfeeding duration, and decrease
premature categorization of fully
formula-fed infants. A few commenters
requested USDA focus on providing
education and counseling resources to
help WIC staff support participants in
the early postpartum period. They also
requested additional breastfeeding
supports to address breastfeeding
challenges as well as additional funding
for training staff and incentivizing the
breastfeeding packages. One commenter
requested the Department consider
making the ‘‘up to’’ 364 ounces in the
first month a WIC State agency option.
A few commenters mentioned that more

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research is needed to determine if the
presence of formula on the WIC EBT
card impacts a participant’s
breastfeeding journey.
Increasing the amount of infant
formula in the first month for partially
(mostly) breastfed infants, as NASEM
recommended, encourages participants
in the early postpartum period to try to
breastfeed or extend breastfeeding
duration by providing flexibility to
tailor formula amounts based on an
individual nutrition and breastfeeding
assessment. As NASEM noted, this
change is intended to prevent the
premature categorization of an infant as
‘‘fully formula fed’’ and a mother as
‘‘postpartum’’ and allow the mother to
receive the partially (mostly)
breastfeeding food package to support
nutritional needs and breastfeeding
goals. USDA agrees with commenters
who stated that early postpartum
anticipatory guidance and frequent
contact with skilled breastfeeding staff
are key ways to encourage and support
WIC participants in reaching their
individual breastfeeding goals. The
Department finds merit with the
comments requesting further
examination of the impact of this
provision on breastfeeding duration and
will consider this for future research
opportunities.
2. Allow Prescribed Infant Formula
Quantities To Be Considered ‘‘up to’’
Amounts (§ 246.10(e)(9), Table 1)
This final rule codifies that all
prescribed infant formula quantities will
be considered ‘‘up to’’ amounts as
summarized in the 2022 proposed rule.
This change is intended to reduce
interference with the successful
establishment of breastfeeding.
Many commenters expressed support
for allowing all prescribed infant
formula quantities to be considered ‘‘up
to’’ amounts. Specifically, several
commenters expressed support for
tailoring formula benefits to meet
individual needs. An individual
commenter thanked the Department for
removing the minimum nutrition
requirement. One commenter stated the
change aligns with recommendations
among the healthcare/nutrition
community on customized nutrition and
another said the change would help
establish long-term breastfeeding.
One commenter supported removing
the FNB requirement stating that it, and
MMAs, create a narrow window of
formula amounts that WIC agencies
must provide depending on the age of
the client. While the Department
appreciates this comment, the FNB is
intended to provide close to 100 percent
of the nutritional needs of a non-

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breastfed infant from birth to 6 months
and is used as the basis for determining
comparable MMAs of infant formula
across the three physical forms of
formula. The MMA is intended to
provide infants the FNB with
consideration of the reconstituted fluid
ounce yields of the physical forms of
formula products. However, formula
amounts, even those in the fully
formula-fed category, can still be
individually tailored to meet, but not
exceed, the formula needs of
breastfeeding infants.
A few commenters had questions
about the meaning of this provision as
well as operational concerns. One
commenter stated they would rather
address overissuing/over feeding of
formula via education at the time
formula is issued. Another commenter
requested clarity on what is meant by
the phrase ‘‘up to’’ amounts for fully
formula fed infants. The Department
clarifies that across all infant food
packages, formula amounts should be
considered ‘‘up to’’ amounts to
emphasize the importance of assessing
the actual need for formula and reduce
the possibility of interfering with the
successful establishment of the
participant’s desired breastfeeding
behavior. One commenter stated this
change will be a burden for MIS changes
because the FNB serves as a cutoff to
determine whether participants are fully
formula feeding or partially (mostly)
breastfeeding and that WIC State
agencies using the roundup method still
need an FNB. The Department
appreciates this concern and provides
further clarification on implementation
related comments in section V.
Implementation.
Iron Standard Comments
Although the Department did not
propose a revision to the iron standard
for infant formula, it did seek comment
on the current infant formula iron
requirement of at least 10 milligrams of
iron per liter (at least 1.5 milligrams per
100 kcal) of formula. Several
commenters stated that the current
requirement for iron-fortified formula
should remain, noting iron-deficiency
anemia continues to be a health concern
for infants in the United States. A few
commenters said they would support a
change if backed by evidence. One
commenter stated they support reducing
the standard if this allows for a greater
variety of formula to be available for
WIC participants without compromising
infant health. Another commenter noted
that because infants normally have
dietary iron sources other than formula
(especially fortified infant cereal and
meats), that 12 milligrams of iron per

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liter in formula appears to supply more
iron than is necessary. In its comments,
the AAP concluded that infant formula
containing 12 milligrams of elemental
iron per liter is safe for its intended use.
One commenter requested that USDA
consider revising the minimum iron
requirements for infant formula to be
consistent with the 1 milligram per 100
kcal requirement under
§ 246.10(e)(1)(iii) for iron-fortified infant
formulas.
The Department appreciates the
comments provided and agrees with
most commenters that a regulatory
change to the current iron specifications
for infant formula is not warranted at
this time due to inadequate evidence
available to support a modification. The
Department agrees with NASEM that
updated data is needed to understand
the optimal level of iron in infant
formula, particularly in cases where the
baseline iron status of infants is not
optimal. The FDA announced on May
19, 2023, that NASEM will conduct a
study to look at supply, market
competition, and regulation of infant
formula in the U.S. The study will
explore the current state of the U.S.
infant formula market. The study will
also examine the differences in nutrition
content, labeling, and regulatory
requirements between infant formula
sold in the U.S. and forms sold in
foreign markets. Results of the study
will be submitted to Congress and the
FDA. New evidence from this study and
other available sources regarding iron
formula supplementation, including the
FDA/NASEM study may be used to
inform the next review of the WIC food
packages.
3. Create a Separate and Enhanced Food
Package for Partially (Mostly)
Breastfeeding Participants
(§ 246.10(e)(5), (7), (10), and (11), Tables
2 and 3)
This final rule codifies the creation of
separate food packages for partially
(mostly) breastfeeding participants, as
summarized in the proposed rule.
Pregnant participants will now receive
Food Package V–A and partially
(mostly) breastfeeding participants and
pregnant participants with two or more
fetuses will now receive Food Package
V–B.
Many commenters expressed support
for creating a separate and enhanced
food package for partially (mostly)
breastfeeding participants. Several
commenters stated it better met the
nutrient needs of participants in these
categories, better aligned with NASEM
recommendations on customized
nutrition, supported breastfeeding, more
accurately reflected breastfeeding rates,

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better categorized participants, and
strengthened WIC’s ability to address
food access and health disparities
among participants. Some comments
were in support of the new food package
for partially (mostly) breastfeeding
participants, but encouraged
incentivizing breastfeeding in other
ways, including through the use of
breastfeeding peer counselors and
nutrition education.
A few commenters asked that
breastfeeding benefits be expanded to
two years instead of one year to
incentivize breastfeeding. WIC
legislation specifies that ‘‘breastfeeding
women means women up to one year
postpartum who are breastfeeding their
infants.’’ 20 Therefore, the Department is
unable to extend the fully breastfeeding
category to participants who are past
one year postpartum.
Some commenters specifically
addressed the food package for
participants who are pregnant with or
breastfeeding multiples. One commenter
stated that participants who are
breastfeeding multiples should remain
in the same category as pregnant with
multiples participants so they can
benefit from the extra calories this food
package provides. Another commenter
asked for a separate food package for
breastfeeding multiples, since applying
the 1.5 multiplier to the allowed food
quantities for Food Package VII can be
difficult to translate to actual WIC
purchases. The commenter also
requested the food package be updated
to list specific MMAs in amounts that
translate to whole containers. Per the
DGA and NASEM’s recommendations,
participants who are fully breastfeeding
multiple infants, pregnant with multiple
fetuses, or both pregnant and
breastfeeding have higher nutrient and
caloric needs than participants with
singletons. In the absence of any
evidence on the additional energy needs
for the participants fully breastfeeding
multiple infants, NASEM estimated the
additional energy need would be
approximately 400 kcal per day for
additional milk produced and assumed
no further maternal fat mobilization.
This represents approximately 50
percent more energy than the fully
breastfeeding package supplies,
indicating the current regulation to
provide 1.5 times Food Package VII to
these participants is appropriate. To
eliminate concern about providing
‘‘half’’ of a food package, WIC State
agencies have the option to issue foods
in Food Package VII in amounts
averaged over a 2-month timeframe
where they issue double the ‘‘regular’’
20 42

U.S.C. 1786(b)(1).

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fully breastfeeding package one month
and the ‘‘regular’’ fully breastfeeding
package the next month. NASEM did
not study, nor did USDA propose a
separate WIC food package for
participants fully breastfeeding multiple
infants.
Several commenters raised concerns
that this change could have negative
impacts on breastfeeding efforts. A few
commenters stated the proposed
revision would make the food packages
for exclusively breastfeeding
participants and partially (mostly)
breastfeeding participants similar,
minimizing the actual and perceived
value of the exclusively breastfeeding
package compared to the partially
breastfeeding package. Some
commenters reasoned the new food
package, along with the reduction in
benefits for fully breastfeeding
participants, would disincentivize
participants to fully breastfeed.
The Department appreciates
comments highlighting the importance
of nutrition education and other
resources to support and encourage
exclusive breastfeeding and will
continue to evaluate and add to
breastfeeding support services as
needed. The Department clarifies that
participants in the fully breastfeeding
category will still receive more benefits
than partially (mostly) breastfeeding
participants due to their higher caloric
needs.
F. Breakfast Cereals
This final rule requires that WICeligible whole grain breakfast cereals
contain a whole grain as the first
ingredient. This rule modifies the initial
proposal and requires 75 percent of a
WIC State agency’s authorized breakfast
cereals to meet the whole grain criteria
of having whole grain as the first
ingredient; and breakfast cereals contain
no more than 6 grams of added sugars
per dry ounce.
1. Revise Whole Grain Criteria for
Breakfast Cereals (§ 246.10(e)(12), Table
4)
This final rule codifies the whole
grain criteria for breakfast cereals as
summarized in the 2022 proposed rule,
requiring WIC-eligible whole grain
cereals to contain a whole grain as the
first ingredient.
Commenters expressed general
support for this provision, with many
WIC State agencies appreciating the
reduced burden to operationalize the
criteria for whole grain breakfast cereal,
explaining the current criteria (having
whole grain as the primary ingredient
by weight and meeting the FDA labeling
requirements for making a health claim

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as a whole grain food with moderate fat
content) requires careful assessment of
the ingredient list and Nutrition Facts
label. Several commenters appreciated
the Department’s intent to align the
criteria with other Federal nutrition
programs and suggested that for full
alignment, USDA modify the provision
to allow breakfast cereals with either a
whole grain as the first ingredient or at
least 50 percent whole grains. While the
Department appreciates this suggestion,
requiring that whole grain breakfast
cereals contain a whole grain as the first
ingredient aligns with the goal of easing
program administration for WIC State
and local agencies, vendors, and
participants. The revised criteria will
not necessarily preclude a product with
at least 50 percent whole grains from
qualifying as a WIC-eligible whole grain
breakfast cereal.
The few comments opposing this
provision cited concern that breakfast
cereals with a refined grain as the first
ingredient but with more than 50
percent total whole grains would no
longer be eligible. The Department
understands and addresses this concern
by requiring that at least 75 percent of
breakfast cereals meet the criteria for
whole grain cereal, as discussed below.
2. Require 75 Percent of WIC State
Agency Authorized Breakfast Cereals
Meet Whole Grain Criteria
(§ 246.10(e)(10) Through (12), Tables 2
Through 4)
This final rule codifies the
requirement that WIC-eligible breakfast
cereals meet the whole grain criteria as
summarized in the 2022 proposed rule
with modification to require 75 percent
of cereals rather than 100 percent of
cereals meet the whole grain
requirement as initially proposed.
USDA received numerous comments
in support of the provision as proposed.
In expressions of support, commenters
stated that requiring all WIC-eligible
breakfast cereals to be whole grain
aligns with the DGA recommendation to
consume at least half of total grains as
whole grains and supports consumption
of an under consumed food subgroup
and the nutrients whole grains provide.
Several commenters suggested the
provision would have an added benefit
of expanding marketplace availability of
whole grain cereals. The Department
agrees with the importance of
consuming whole grains and clarifies
that while the marketplace could
expand further, there are numerous
breakfast cereals currently available that
meet the whole grain criteria, including
gluten-free varieties suitable for
individuals with allergies to wheat.

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While commenters supported the goal
of increasing whole grain consumption,
the Department received many
comments in opposition to requiring
that all breakfast cereals meet the whole
grain criteria. WIC State agencies cited
the increased burden on small vendors
and the reduction in participant choice
as primary concerns. Some commentors
noted that cereal consumption can help
drive milk and fruit consumption as
well as highlighted the overall nutrients
cereals provide (e.g., iron and folate)
and hypothesized that the changes
would negatively impact consumers
who prefer refined grain, rice- and cornbased breakfast cereals. Other
commenters expressed the view that
this change will better serve participants
with high rates of diet-related diseases,
including obesity and diabetes, and low
levels of whole grain consumption.
The Department appreciates the
comments received on this provision
and specific suggestions to modify the
requirement so that 75 percent of WICeligible breakfast cereals meet the whole
grain criteria. Breakfast cereal is
included in the WIC food packages to
deliver key nutrients—primarily iron—
to WIC participants. Some highly
redeemed WIC cereals deliver key
nutrients (e.g., iron, folate) but do not
contain whole grains or contain some
whole grains but do not have a whole
grain as the first ingredient. The
Department acknowledges that
consuming non-whole grain cereal
contributes to the delivery of important
nutrients for healthy development,
including iron and folate, as well as the
nutrients from milk and fruit consumed
with it. Additionally, the Department
values consistency across Federal
nutrition programs and recognizes that
in the School Meal Programs, the
majority of, but not all, grain items must
be whole grain. For these reasons and
recognizing a healthy dietary pattern
can include whole and refined grains in
nutrient-dense forms, the Department is
requiring that at least 75—rather than
100—percent of breakfast cereals a WIC
State agency authorizes contain whole
grain as the first ingredient. The
Department remains committed to
promoting increased whole grain
consumption through nutrition
education and highlights that WIC State
agencies maintain the option to require
that all cereals contain whole grain as
the first ingredient. The Department
encourages WIC State agencies to utilize
redemption data to evaluate participant
selections and support shifts in behavior
toward the consumption of whole grain
breakfast cereals by authorizing an

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appropriate number and selection of
whole grain options.
3. Breakfast Cereals Must Contain No
More Than 6 Grams of Added Sugar per
Dry Ounce (§ 246.10(e)(12), Table 4)
This final rule codifies a limit of 6
grams of added sugars per dry ounce of
breakfast cereal based on public
comment as requested in the 2022
proposed rule.
In response to the request for
comment on the use of an added sugars
limit instead of a total sugars limit for
breakfast cereal, the Department
received broad general support.
Commenters noted an added sugars
limit aligns with current dietary
guidance and Federal standards for
Child Nutrition Programs. Commenters
further highlighted that an added sugars
limit allows for distinction between
naturally occurring sugars and those
added during product manufacturing,
which is not possible with a total sugars
limit. The Department agrees there is
value in alignment across Federal
nutrition programs and that an added
sugars limit is consistent with the 2020–
2025 DGA as well as feasible to
operationalize following the addition of
added sugars to the Nutrition Facts
label.21
Comments in opposition cited
concern that an added sugars limit may
reduce the number of WIC-eligible
breakfast cereals. A small number of
WIC State agencies noted the additional
burden associated with identifying
breakfast cereals meeting the added
sugars limit. One commenter suggested
an added sugars limit may increase the
use of low- and no-calorie sweeteners to
retain product palatability. The
Department clarifies the added sugars
limit maintains the same numeric limit
(6 grams) as the current total sugars
limit; however, the limit no longer
applies to naturally occurring sugars, in
effect creating a more permissive
standard for products containing
naturally occurring sugars. In practice
this means that no currently eligible
WIC breakfast cereals will be excluded
under the added sugars limit. The
Department appreciates the burden
associated with identifying products
that meet WIC specifications and the
potential substitution of low- and nocalorie sweeteners for caloric
21 NASEM provided final recommendations for
total sugars in its 2017 report, also providing added
sugars limits for specific products should the FDA’s
regulation to include added sugars on food labels
be implemented. With FDA’s labeling requirement
for added sugars now in place and recognizing
value in consistency across Federal Child Nutrition
Programs, USDA is replacing total sugar limits with
added sugars limits for specific food categories as
discussed in this final rule.

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alternatives; however, the Department
recognizes these considerations exist
regardless of whether the limit applies
to total or added sugars.
G. Whole Wheat Bread, Whole Grain
Bread, and Other Whole Grain Options
This final rule reduces the amount of
whole wheat bread, whole grain bread,
and whole grain options in the child
food packages and increases the amount
in the pregnant, postpartum, and
breastfeeding food packages as
proposed. This rule also expands whole
grain options as proposed with the
modification to allow for additional
whole grain options that meet regulation
requirements.
1. Revise Maximum Monthly
Allowances for Whole Wheat, Whole
Grain Bread, and Other Whole Grain
Options (§ 246.10(e)(10) and (11), Tables
2 and 3)
This final rule codifies the reduction
in bread and whole grain options in the
child food packages (from 32 to 24
ounces), and the increase in bread and
whole grain options in the pregnant,
postpartum, and breastfeeding food
packages (from 16 to 48 ounces) as
summarized in the 2022 proposed rule.
Commenters, including several WIC
State agencies, expressed mixed support
for this provision, with many generally
supporting the increase for pregnant,
postpartum, and breastfeeding
participants but with some concern
cited over the reduced quantities for
children. Commenters asserted the
importance of consuming and ensuring
equitable access to whole grains,
highlighting the reduced quantity for
children could lead to a reduction in
whole grain intake. Consistent with
comments received on other provisions
reducing quantities of supplemental
foods provided, including juice and
milk, several WIC State agencies noted
the reduced quantity of bread and whole
grain options may disincentivize
participation and impede participant
retention goals. Commenters generally
appreciated the Department aligning
quantities with the common 24-ounce
package size.
The Department agrees that providing
whole wheat bread, whole grain bread,
and other whole grain options through
the WIC food packages is important to
support whole grain consumption
among WIC participants. The quantities
of 24 ounces for children and 48 ounces
for pregnant, postpartum, and
breastfeeding participants provide up to
53 percent of the whole grain subgroup
amount recommended in the DGA
dietary patterns, which the Department
believes is an appropriate supplemental

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amount. Providing quantities that align
with common package sizes found in
the marketplace supports the
Department’s goal of providing
equitable access to supplemental foods
while ensuring operational feasibility.
In combination with the codified change
to the MMA (see section J: Maximum
Monthly Allowances (MMA)) that
provides additional flexibility in
authorizing package sizes, the change
will also ease the burden on vendors to
stock the 16-ounce package sizes that
may be difficult to acquire.

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2. Change Criteria for Whole Grain
Breads (§ 246.10(e)(12), Table 4)
This final rule codifies the change in
criteria for whole grain bread to require
that such breads must contain at least 50
percent whole grains with the remaining
grains being either enriched or whole
grains as summarized in the 2022
proposed rule. The current requirement
that whole grain bread conform to FDA
standards of identity, as applicable, is
maintained.
Most commenters, including many
WIC State agencies, supported the
change in criteria for whole grain bread,
with several acknowledging the
alignment with other Federal nutrition
programs. Many commenters stipulated
support for this provision as dependent
on the Department providing guidance
on the evaluation of grain products,
noting that product labels often do not
easily identify the whole grain
composition placing the burden on WIC
State agencies to identify allowable
products under the revised criteria.
Commenters further suggested USDA
consider individuals with intolerances
or allergies to wheat in finalizing the
criteria for whole grain breads.
The Department agrees with the
importance of guidance on the
evaluation of grain products meeting the
criteria for whole grain breads and will
support WIC State agencies in the
implementation of this provision. The
Department understands the importance
of providing whole grain foods that do
not contain gluten to accommodate
special dietary needs and clarifies that
in addition to whole wheat bread,
which contains gluten, whole grain
breads, which may or may not contain
gluten depending on the grain(s)
included, continue to be WIC-eligible
foods. The Department encourages WIC
State agencies to authorize whole grain
breads without gluten as necessary to
meet the needs of their participants.
Additionally, the Department is
expanding whole grain options in this
final rule, as discussed below.

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3. Expand Whole Grain Options
(§ 246.10(e)(10) Through (12), Tables 2
Through 4)
This final rule codifies the expansion
of whole grain options to include the
following options as summarized in the
2022 proposed rule: quinoa; wild rice;
millet; triticale; amaranth; kamut;
sorghum; wheat berries; tortillas made
with folic acid-fortified corn masa flour
(once available in the marketplace); corn
meal (including blue); teff; buckwheat;
and whole wheat pita, English muffins,
bagels, and naan. Further, based on
public comments received, to increase
participant choice, and maximize
administrative flexibility, this final rule
allows WIC State agencies to authorize
additional whole grain options that
meet nutrient requirements in WIC
regulations (i.e., do not include added
fats or sugars, salt, or oil,22 and
provided the MMA requirements are
met (see section J. Maximum Monthly
Allowances (MMA)).
Commenters, including numerous
WIC State and local agencies, broadly
supported this provision, noting the
expanded options will allow
participants to enjoy a greater range of
nutrient-dense foods while
accommodating special dietary needs
(e.g., food allergies) and cultural and
personal preferences. In expressions of
support, several WIC State agencies
suggested USDA add additional glutenfree options such as red rice, black rice,
freekeh, spelt, and farro, or that USDA
include flexibility for WIC State
agencies to authorize other nutritionally
appropriate whole grain options based
on popularity and availability.
The Department agrees with the
importance of participant choice and
accommodating cultural and personal
dietary preferences and appreciates
suggestions to further expand whole
grain options. The Department
recognizes that culturally preferred
foods vary and are unique to individual
cultural identity and that WIC State
agencies are best positioned to
determine the whole grain options to
authorize to accommodate the needs of
their participants. Therefore, through
this final rulemaking, USDA provides
the option for WIC State agencies to
authorize additional whole grain
options that do not include added fats
or sugars, salt, or oil, including but not
limited to the options suggested through
public comments (e.g., red rice, black
rice, freekeh, spelt, farro). The
Department encourages WIC State
22 Whole grain options must be without added
sugars, fats, oils, or salt (i.e., sodium) as specified
in § 246.10 Table 4 of ‘‘Final Rule: Revisions in the
WIC Food Packages.’’ 79 FR 12274 (March 4, 2014).

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agencies to add products based on
participant appeal in addition to the
other factors outlined at § 246.10(b)(1)(i)
including nutritional standards,
competitive cost, and Statewide
availability. If added to the APL, USDA
reminds WIC State agencies of the
requirement at 7 CFR 246.4(c) to submit
an amendment to the State Plan for the
current fiscal year to the appropriate
USDA FNS Regional Office.
One commenter requested
clarification on changes to the minimum
stocking requirements for vendors,
noting the potential for food waste and
economic loss if vendors are required to
stock whole grain options that are not
popular locally. In response, the
Department clarifies that with this
provision, there will be no changes to
the whole grain stocking requirement of
at least one whole grain cereal set in
WIC regulations § 246.12(g)(3)(i). The
Department recognizes WIC State
agencies may choose to establish
additional minimum stocking
requirements to ensure access to a
greater variety of supplemental foods.
However, establishing additional
minimum stocking requirements cannot
have the effect of limiting either the
number or distribution of WIC
authorized vendors in such a way that
participants cannot reasonably redeem
their benefits.
H. Canned Fish
This final rule expands the categories
of participants receiving canned fish as
proposed, with the modification of
including 1 year old children, to create
more equitable access to this under
consumed, nutrient-dense food.
1. Add Canned Fish to Food Packages
for Children (1 Through 4 Years)
(§ 246.10(e)(4)(ii) and (e)(10) Through
(11), Tables 2 Through 3)
This final rule codifies the addition of
canned fish to the food packages for
children with modification to provide:
• 6 ounces per month for children 2
through 4 years of age, versus 5 ounces
as proposed, and
• 6 ounces per month for children 12
through 23 months of age.
In the 2022 proposed rule, out of an
abundance of caution for the safety of
young children and the concern for
methylmercury exposure, USDA limited
the addition of canned fish per month
to 5 ounces for children 2 through 4
years and excluded canned light tuna as
a canned fish option for children. At the
time, the Department lacked
information on marketplace availability
of WIC-eligible canned varieties in sizes
that would provide a supplemental
amount for 1-year old children and meet

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the EPA–FDA 23 advice for eating fish
and DGA recommendations.
Commenters, including WIC State and
local agencies, expressed broad support
for providing fish in the child food
packages, citing the benefits of fish in
helping children meet their nutrient
needs for optimum growth and
development as well as reducing risk of
developing chronic diseases. In addition
to being supportive of adding fish, the
food industry, many WIC State agencies,
and professional organizations
commented on the importance of
providing light tuna as an option for all
children 1 to 4 years of age.
To inform this final rule, USDA
requested public comment on the
availability of 3-ounce or smaller
package sizes of canned salmon,
Atlantic mackerel, and sardines in
boneless varieties, and canned light
tuna in package sizes safe for
consumption by young children (i.e., 2
ounces). In response, many commenters
provided information on package size
availability and availability of fish
without bones including confirmation
from the food industry that salmon and
light tuna are available in 2.5- to 2.6ounce sizes and that light tuna is
available in 3-ounce sizes. Some WIC
State agencies requested an ‘‘up to’’
amount of 6 ounces per month and an
increase in allowed fish amount for
children to account for the available 2.6ounce package size. Some WIC State
agencies opposed adding fish to the
food packages out of concern for
availability of canned salmon, Atlantic
mackerel, and sardines in rural stores.
However, several WIC State agencies
stated that 2.5- and 2.6-ounce packages
of light tuna with low-sodium options
are available in many areas.
In alignment with NASEM and DGA
recommendations and EPA–FDA joint
advice about eating fish, and in
consideration of the numerous
comments and evidence received on
marketplace availability of smaller
container sizes of WIC-eligible varieties
of canned fish in both boneless and
bone-in options, this final rule adds 6
ounces of canned fish to the food
packages for children 1 through 4 years
of age in the same varieties as canned
fish offered to pregnant, postpartum,
and breastfeeding participants (i.e.,
23 Advice about Eating Fish | FDA (https://
www.fda.gov/food/consumers/advice-about-eatingfish)- Recommendations include 2 servings * of fish
a week from the ‘‘Best Choices’’ list.
• * Serving size for 1–3 years old is 1 ounce.
Serving size for 4–5 years old is 2 ounces.
• Children ages 1–4 years: Canned light tuna and
chub mackerel should not be consumed if greater
than 2 oz per week is consumed.

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salmon, sardines, Atlantic mackerel,
Chub mackerel, and light tuna).
The Department appreciates and
agrees with comments highlighting the
important role WIC nutrition education
will have in encouraging parents and
caretakers to select boneless canned fish
or remove bones prior to consumption
to prevent choking, choose lower
sodium varieties and amounts that limit
methylmercury exposure, and preserve
unused portions of canned fish safely.
2. Add Canned Fish in Food Packages
for Pregnant, Postpartum, and Partially
(Mostly) Breastfeeding Participants;
Revise Amounts for Fully Breastfeeding
Participants (§ 246.10(e)(5)(ii), (e)(6)(ii),
and (e)(10) and (11), Tables 2 and 3)
This final rule codifies the monthly
amounts of canned fish for pregnant,
postpartum, and partially (mostly) and
fully breastfeeding participants as
summarized in the 2022 proposed rule:
• Pregnant and postpartum: 10 ounces
canned fish
• Partially (mostly) breastfeeding: 15
ounces canned fish
• Fully breastfeeding: 20 ounces canned
fish
Commenters expressed broad support
for adding canned fish to the WIC food
packages for pregnant, postpartum, and
partially (mostly) breastfeeding
participants and revising amounts for
fully breastfeeding participants. In
expressions of support, commenters
asserted that omega-3 fish oils are
essential for reducing risk for pre-term
births and other such complications and
that the changes would provide more
equitable access to a nutrient-dense food
choice, for which current intakes fall
below DGA-recommended levels. A
WIC State agency commented that the
change will improve nutrient content
and versatility of the WIC food
packages. The Department appreciates
comments expressing concern about the
reduction of canned fish for the fully
breastfeeding food package and requests
to increase amounts of canned fish for
partially (mostly) and fully
breastfeeding participants. The revised
monthly canned fish amounts for all
pregnant, postpartum, and breastfeeding
participants align with the
supplemental nature of WIC and
recommendations for DGA healthy
dietary patterns.
3. Revise WIC-Eligible Varieties
(§ 246.10(e)(12), Table 4)
This final rule codifies removing jack
mackerel from the WIC-eligible canned
fish varieties as summarized in the 2022
proposed rule.
Commenters expressed broad support
for revising WIC-eligible fish varieties.

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One WIC state agency expressed
opposition to the exclusion of jack
mackerel, adding that the decision
would increase its administrative
burden. The FDA and EPA currently do
not have methylmercury data on the
commercial canned fish product ‘‘jack
mackerel’’ and do not include this
product in their joint advice about
eating fish. Furthermore, the FDA
guidance on defining jack mackerel
species referenced in § 246.10(e)(12) is
no longer available. Due to the lack of
data on methylmercury levels in jack
mackerel, this final rule retains the
provision to remove jack mackerel as an
allowable fish type for WIC. All other
WIC-eligible varieties of canned fish
(i.e., salmon, sardines, Atlantic
mackerel, Chub mackerel, and light
tuna) will be available to child,
pregnant, postpartum, and breastfeeding
participants.
In response to the request USDA
received to remove ‘‘canned’’ from the
name of the fish category to account for
other package types, the Department
clarifies that § 246.10(e)(12), table 4
outlines minimum requirements and
specifications for canned fish and
defines that ‘‘canned’’ fish refers to
processed food items in cans or other
shelf-stable containers such as jars or
pouches, which serves to denote that
fresh and frozen fish are not WICeligible items.
I. Legumes and Eggs
This final rule requires authorizing
both dried and canned legumes;
requires substituting legumes and
peanut butter for eggs in certain
situations; and provides the option to
substitute tofu for eggs as proposed.
This rule will also provide the option
for State agencies to authorize nut and
seed butters as a modification to the
proposed rule. The changes allow
participants (except infants) to
substitute the following for one dozen
eggs to accommodate special dietary
needs, cultural practices, and personal
preferences:
• 1 pound dry or 64 ounces canned
legumes
• 18 ounces peanut butter
• 1 pound tofu (as State agency option)
• 18 ounces of nut or seed butter (as
State agency option)
1. Require Both Dried and Canned
Legumes (§ 246.10(e)(10) Through (12),
Tables 2 Through 4)
This final rule codifies the
requirement for WIC State agencies to
authorize both dried and canned
legumes as summarized in the 2022
proposed rule. Prior to this rulemaking,
regulations only required dried legumes

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and State agencies had the option to
allow canned legumes.
Commenters expressed broad support
for this change to increase flexibility
and choice for participants, specifically
citing the time-saving benefits of canned
legumes, flexibility for participants
lacking knowledge or equipment to
prepare dried legumes, and potential
increases in redemption rates. The
Department agrees that this change will
reduce a potential barrier to preparing
and consuming legumes for participants
who are unable to prepare dried
legumes.
Among comments were requests to
allow frozen unflavored legumes and
small amounts of added sugars in
canned legumes, reasoning that some
canning processes require sugar to
maintain the quality and structure of the
food. USDA currently allows small
amounts of added sugar to canned
legumes for processing. The Department
clarifies that WIC State agencies will
retain their current authority to elect to
authorize only low/lower sodium
canned varieties. Regarding adding
frozen legumes to the list of authorized
legumes, currently, frozen legumes can
be purchased with the CVV. The
Department will explore the feasibility
of adding frozen legumes to the legumes
category for consideration in future
rulemaking.
USDA did not receive any comments
in opposition, though a few commenters
noted the potential need for MIS
changes. The Department addresses this
concern for all categories of food in
section V. Implementation.
2. Require Authorization of Legumes
and Peanut Butter as Substitutes for
Eggs and Allow State Agencies To
Choose To Authorize Tofu To Substitute
for Eggs (§ 246.10(e)(10) Through (12),
Tables 2 Through 4)
This final rule codifies the
requirement for WIC State agencies to
allow participants to substitute legumes
and peanut butter for eggs and the
option for WIC State agencies to
authorize tofu as a substitute for eggs as
summarized in the 2022 proposed rule.
Numerous commenters, including
several WIC State agencies, expressed
support for this provision citing a
greater variety to accommodate special
dietary needs, cultural practices, or
personal preferences, as outlined in the
2022 proposed rule. In conjunction with
this provision, the Department
requested comment on the impact of
requiring WIC State agencies to
authorize tofu as an egg substitution.
Some commenters expressed concern
with the substitution of tofu for eggs,
stating that eggs are high-protein, low-

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cost, and a better nutrition source than
tofu. While the Department agrees that
eggs are a high-protein, low-cost food, it
believes the proposed substitutions are
appropriate for those who cannot or
choose not to eat eggs due to allergies
or food preferences. As noted in the
2022 proposed rule, allowing tofu as a
substitute for eggs provides participants
with a source of iron and choline when
eggs, legumes, and peanut butter are not
acceptable food choices. However, the
Department appreciates the comment
from a WIC State agency expressing
concern that tofu may not be readily
accessible and clarifies that while
legumes and peanut butter must be
offered to participants as egg
substitutions, authorizing tofu as a
substitute for eggs is a WIC State agency
option. A few commenters expressed
concerns related to implementation in
MIS and point of sale systems. The
Department addresses MIS concerns for
all categories of section V.
Implementation.
3. Allow WIC State Agencies the Option
To Authorize Nut and Seed Butters as
a Substitute for Peanut Butter
(§ 246.10(e)(10) Through (12), Tables 2
Through 4)
This final rule codifies the WIC State
agency option to authorize nut and seed
butters as a substitute for peanut butter
based on public comment as requested
in the 2022 proposed rule. While
NASEM did not recommend alternative
nut and seed butter as substitutions, the
Department recognizes nut and seed
butters are included in a healthy dietary
pattern as recommended by the DGA
and requested public comment on
allowing these products as a peanut
butter or legume substitution option to
further accommodate participants with
food allergies. The Department
specifically requested comments on the
commercial availability of nut and seed
butters that are nutritionally comparable
to peanut butter/legumes in terms of
specific nutrients (e.g., protein, iron).
Commenters overwhelmingly
supported allowing nut and seed butters
as substitute for peanut butter, stating
that many nut and seed butters could be
nutritionally equivalent to peanut butter
for protein, iron, choline, and fiber.
They also discussed the prevalence and
severity of peanut allergies and the
importance of WIC food packages
providing foods nutritionally equivalent
to peanut butter.
The Department recognizes allergies
to peanuts and other tree nuts as being
among the most common food allergies
in children in the United States. In
USDA’s School Meal Programs, schools
must provide meal modifications for

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participants with disabilities, which
may include providing substitutions for
students with peanut or tree nut
allergies. This requirement for the
School Meal Programs and allowing nut
and seed butters as a substitute to
peanut butter as a WIC State agency
option, both support access for
participants with food allergies. Since
peanut butter serves as a source of
iron—a priority nutrient NASEM
identified for WIC participants and a
DGA nutrient of public health concern
for women who are pregnant—in the
WIC food packages, this final rule
allows WIC State agencies the option to
authorize nut and seed butters that
provide a comparable nutritive value to
peanut butter (i.e., protein and iron).
This substitution will be extended to
participants through individual tailoring
of the WIC food packages to
accommodate special dietary needs,
cultural practices, or personal
preferences.
As individuals who are allergic to
peanuts may also be allergic to tree nuts,
the Department encourages WIC State
agencies to consider authorizing a
suitable option (i.e., at least one seed
butter) for these participants. The
Department does not expect this change
to result in a meaningful cost impact at
the National level, as discussed in the
accompanying Regulatory Impact
Analysis. WIC State agencies should
take a measured approach to product
selection, which considers costcontainment policies and practices,
when establishing their WIC authorized
food list.
J. Maximum Monthly Allowances
(MMA) (§§ 246.10(b)(1)(iii), (b)(2)(i), and
(b)(2)(ii)(A); 246.11(a)(1))
This final rule codifies the option for
WIC State agencies to authorize
additional product package sizes that
provide less than the full MMA as
summarized in the 2022 proposed rule.
WIC State agencies are still required to
make available the full MMA amounts
to participants (i.e., at least one package
size, or a combination of sizes, must add
up to the full MMA for each food in
each of the WIC food packages). This
final rule also codifies that, in instances
where multiple household members are
receiving the same food, WIC State
agencies may authorize package sizes
that exceed the MMA for each
individual WIC food package (i.e.,
aggregate WIC benefits) provided the
amount does not exceed the total of the
combined MMA for the household.
Foods on a WIC State agency’s APL
must continue to meet the needs of each
individual WIC food package
prescription.

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
Many commenters, including WIC
State agencies, expressed general
support, stating that providing greater
package size flexibility reduces barriers
to WIC shopping and increases options
for participants; and more options save
time and transportation costs for
participants by reducing the need to
shop at multiple stores and/or make
return trips, particularly for those in
rural and/or Tribal areas; reduce barriers
to benefit redemption and WIC
participation; and could ease burdens
for small vendors who have expressed
difficulty stocking the currently
required package sizes. One commenter
supported the change and noted
participant education would be critical
to show that redeeming a certain size
may prevent the redemption of full
benefits.
In requesting comments on this added
WIC State agency flexibility, the
Department also requested public
comment on requiring State agencies to
authorize both package sizes that equal
or add up to the MMA (to ensure
participants have a pathway to receiving
the full food benefits to which program
participation entitles them) and
packages sizes that do not (to ensure
greater variety and choice). Some
commenters raised concerns with such
a requirement, noting that
implementation would require
burdensome technical efforts or that the
flexibility in approving package sizes
could increase the APL size and
potentially make it unmanageable.
However, a few commenters requested
that USDA require WIC State agencies to
approve varying food package sizes to
create distribution and retail efficiencies
in addition to participant flexibility and
choice.
The Department acknowledges the
administrative burden of requiring WIC
State agencies to authorize both package
sizes that equal or add up to the MMA
and packages sizes that do not for each
food category, thus retained the latter as
a WIC State agency option in this final
rule. WIC State agencies wishing to
exercise this option may do so at a rate
reasonable to retain a manageable APL
size and, as an option, are not required
to do so by the implementation date for
required provisions. To meet
participants’ needs, the Department
encourages WIC State agencies to
provide as much variety and choice as
possible for as many food categories as
possible, to the extent that is
administratively and financially feasible
given cost containment measures.
Additionally, the Department agrees
with commenters who noted the
importance of education to ensure
participants receive the greatest benefit

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from their WIC food package and
reminds WIC State agencies of this
requirement as outlined in
§ 246.10(b)(2)(ii)(A).
IV. Miscellaneous Related Revisions
and Editorial Corrections
This final rule updates the definition
of individual with disabilities, adds
breast pumps as a WIC benefit and
corresponding participant violation
provisions, clarifies the definition of
WIC-eligible nutritionals, adds
clarifying language to nutrition
tailoring, updates the base year for the
annual inflation adjustment to the CVV
amounts, and makes conforming
revisions and editorial corrections.
A. Definition of Individual With
Disabilities (§ 246.2)
This final rule codifies an update to
the definition of disability as
summarized in the 2022 proposed rule:
the term disability means, with respect
to an individual, a physical or mental
impairment that substantially limits one
or more of the major life activities of
such individual, a record of such an
impairment, or being regarded as having
such an impairment as described in 28
CFR 35.108.
Commenters were in broad support of
this provision and no commenters
opposed.
B. Breast Pumps as a Program Benefit
(§ 246.2, 246.7(j)(10), and
246.16(u)(2)(i)))
This final rule codifies including
breast pumps as a WIC benefit and adds
reference to the sale or offer to sell
breast pumps to the definition of
participant violation (§ 246.2) as
summarized in the 2022 proposed rule.
It also codifies a conforming provision
to ensure that every WIC applicant,
parent, or caretaker is informed that
selling or offering to sell WIC benefits is
a participant violation and increases the
dollar threshold for disqualification
from $100 to $1,000. This update means
that whenever a WIC State agency
assesses a claim of $1,000 or more,
assesses a claim for dual participation,
or assesses a second or subsequent
claim of any amount, the WIC State
agency must disqualify the participant
for one year.
All comments on this provision
generally supported the change. Several
commenters, including WIC State
agencies, expressed support for the
dollar threshold, while some
commenters requested adjustments to
the threshold to a lower amount, such
as $500, to allow WIC State agencies to
act sooner to address violations. A WIC
State agency added that the agency

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rarely encounters participants who are
selling or offering breast pumps, but
instead deals with many participants
who fail to return the WIC-owned
pump. The Department supports WIC
State and local agencies in
implementing policies and procedures
to retrieve breast pumps, without the
threat of disqualification, before the
dollar threshold is reached.
C. WIC-Eligible Nutritionals (§ 246.2)
This final rule codifies clarifying
language to the definition of WICeligible nutritionals, which are enteral
products specifically formulated to
provide nutritional support for those
with qualifying conditions (see § 246.2
for full definition), as summarized in
the 2022 proposed rule, to convey the
intent that homemade formulas and
manufactured products in the
marketplace that appear to be
blenderized foods (i.e., conventional
foods liquified in a blender) do not meet
WIC-eligible nutritionals requirements.
A few commenters, including WIC
State agencies, supported the updated
definition and added it would clarify
which foods qualify and would better
enable WIC State agencies to enforce
which products can be categorized as
WIC-eligible nutritionals. A few
commenters, including WIC State
agencies, urged USDA to continue to
include commercially blenderized tube
feedings in the definition, stating that
commercially blenderized tube feedings
meet the definition of a WIC-eligible
nutritional, are nutritionally complete,
intended for use under medical
supervision, and are not equivalent to
manufactured blenderized conventional
foods. They also requested guidance
regarding manufactured products that
appear to be blenderized as they have
seen an increase in requests. The
Department clarifies that commercially
blenderized medical foods that meet the
requirements of the definition will
continue to be eligible for WIC. No
commenters opposed.
D. Nutrition Tailoring (§ 246.10(c))
This final rule codifies adding
clarifying language to nutrition tailoring
that exists in current policy and
language to convey that nutrition
tailoring also involves making
substitutions to the types and forms of
foods to accommodate an individual
participant’s food allergy or intolerance,
cultural preferences, and medical or
special dietary needs, as well as
situations where the participant refuses
or cannot use the item, as summarized
in the 2022 proposed rule. This final
rule also codifies the clarification that
offering a participant substitution in

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accordance with WIC State agency
policy and Federal regulations is the
first step before eliminating or reducing
foods and must be based on their
nutrition assessment.
Commenters, including WIC State and
local agencies, were supportive of this
provision, stating that the revisions will
help accommodate participants with
food allergies, cultural preferences, and
dietary needs, and promote safety for
participants with food allergies. Some
commenters urged USDA to ensure
product substitutions are determined in
advance and not in retail settings and
requested to exclude the required
documentation needed when a
participant requests a change to a food
package based on preference.
The Department clarifies that Federal
regulations at § 246.10(d)(1) do not
require medical documentation to issue
food substitutions outside of Food
Package III (except for infant formula).
The WIC competent professional
authority provides nutrition education
that addresses nutrition risks identified
with diets that restrict certain foods
and/or food groups, and WIC State
agencies are encouraged to continue
ongoing communication between WIC
and healthcare providers as necessary.
Regarding the request to determine
product substitutions in advance and
not in retail settings, WIC State agencies
are responsible for determining the
brands, types, and forms of foods
authorized, including the substitution
options they elect to authorize. In some
situations, such as tailoring a food
package for a participant with a peanut
allergy, the determination to issue
legumes instead of peanut butter is
made at the time the food package is
issued. In other instances, the WIC State
agency may allow the participant to
select from a range of allowable options
at the time of purchase at the store for
other foods, such as canned salmon or
canned tuna, and selecting brown rice,
corn or wheat tortillas, or whole-grain
barley based on their preference and
product availability.
E. Annual Inflation Adjustment for the
Cash-Value Voucher (CVV) (§ 246.16(j))
This final rule codifies updating the
base year (from 2008 to 2022) for the
annual inflation adjustment to the CVV
amounts as summarized in the 2022
proposed rule.
Most commenters expressed support
for this provision, stating that it helps to
offset increased food costs, ensures that
participants obtain the recommended
intake of fruits and vegetables, and
allows for the continuity of the benefit.
A few commenters stated that the
rounding procedure as described in

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§ 246.16(j)(5) should be revised so that
the inflation adjustment is rounded up
to the nearest multiple of $1 (not
rounded down to the next multiple of
$1 as is currently in regulation). The
approach selected by FNS aligns with
the one used in the Supplemental
Nutrition Assistance Program (SNAP),
which also rounds inflation adjustments
down to the next multiple of $1 (7 CFR
273.10(e)(4)(ii)), as well as the National
School Lunch Program’s national
average payment rates, which are
rounded down to the nearest cent (7
CFR 210.4(b)). The 2022 proposed rule
did not request public comment or make
any changes to the current rounding
procedures. Therefore, the Department
is not making this change in this final
rule.
One commenter opposed, stating that
the CVV amounts should not be
increased for inflation for at least five
years since the 2023 amounts should be
sufficient for now. The Department
disagrees with this suggestion since
unadjusted CVV amounts would over
time decrease the amounts of fruits and
vegetables participants could purchase,
thereby conflicting with NASEM’s
recommendation to provide
approximately half of the recommended
daily amounts of fruits and vegetables
for adults and children.
F. Conforming Revisions and Editorial
Corrections (§ 246.10)
This final rule codifies conforming
revisions and corrections to
typographical and grammatical errors as
well as improvements for conciseness
and clarity of final provisions. The
changes will have no substantive effect
on the public.
V. Implementation
The Department initially proposed
WIC State agencies would have 18
months from publication of the final
rule to implement the revisions to the
food packages and all other provisions
in the rule. Additionally, the
Department proposed that once the WIC
State agency began issuing each new
food package, it be done on a State
agency-wide basis. The Department
requested comments on the
administrative burden associated with
both proposed implementation
components.
Commenters generally highlighted
time, limited resources, and extensive
system changes needed to successfully
implement the provisions in this final
rule. These changes included MIS
changes, administrative time associated
with the identification and review of
new products, changes to shopping
applications, participant education,

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work with retailers, and food product
development. While WIC State agencies
need to ensure their MIS is flexible to
adapt to this and other changes effected
through this rulemaking, the
Department acknowledges that at any
given time WIC State agencies are at
different stages of updating their
systems. To allow for the MIS changes
this final rule requires, the Department
extended the implementation timeframe
for this final rule.
After evaluating comments, the
Department is providing a 24-month
implementation timeline for all
provisions, with two exceptions: a 60day implementation timeline for the
revised CVV amounts for all children
and women participants, and a 36month timeline for implementing the
Vitamin D specification in yogurt. WIC
State agencies are allowed and
encouraged to implement the provisions
earlier than the 24-month timeline;
however, they must issue food benefits
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. A WIC State agency may,
however, phase-in the new WIC food
packages on a participant category basis.
WIC State agencies may also implement
any provisions expanding substitution
options (e.g., additional whole grain
options) at any time, including before
completing the phasing in of the new
food packages. To minimize participant
and vendor confusion, once the WIC
State agency begins issuing the new
WIC food packages, it must be done on
a State agency-wide basis.
With near unanimous support of a
CVV increase in public comments in
response to the proposed rule,
implementation of the final CVV
amounts 60 days after publication of the
final rule promotes timely access to the
scientifically recommended amounts of
fruits and vegetables. In addition, WIC
State agencies need less time to update
their MIS to issue the new amounts.
Among the commenters who opposed
or expressed concern for the proposed
vitamin D specification for yogurt, the
primary concern was marketplace
availability followed by a concern about
manufacturers’ willingness to modify
products. Several commenters
expressed their support for
implementing a vitamin D specification
for WIC-eligible yogurts but requested
USDA provide a longer timeframe for
this provision to allow for product
reformulation. Based on information
regarding the lifecycle for reformulated
and new products, USDA agrees that

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extending implementation of this
provision to 36 months would allow
sufficient time to reformulate products
as well as time for WIC State agencies
to review and select products and work
with vendors.
The implementation dates are as
follows:
• WIC State agencies must implement
the provision in tables 2 and 3 to 7 CFR
246.10(e)(10) and (11) increasing the
cash value voucher, adjusted for
inflation, for children to $26, pregnant
and postpartum women to $47, and
partial and fully breastfeeding women to
$52 on June 17, 2024.
• WIC State agencies must implement
the provision in table 4 to 7 CFR
246.10(e)(12) that establishes a
minimum vitamin D requirement for
yogurt no later than April 19, 2027.
• WIC State agencies must implement
all other required provisions of this rule
no later than April 20, 2026.
Procedural Matters

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Executive Order 12866, 13563, and
14094
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 14094 of April 6, 2023, focuses on
modernizing regulatory review and
updates the definition of a significant
regulation.
This final rule has been determined to
be significant under section 3(f)(1) of
Executive Order (E.O.) 12866, as
amended by E.O. 14094, and was
reviewed by the Office of Management
and Budget (OMB) in conformance with
Executive Order 12866.
Regulatory Impact Analysis
As required for all rules that have
been designated as Significant by the
Office of Management and Budget, a
Regulatory Impact Analysis (RIA) was
developed for this final rule. It follows
this rule as appendix A. The following
summarizes the conclusions of the
regulatory impact analysis:
Need for Action
Section 17 of the Child Nutrition Act
mandates that the United States
Department of Agriculture (USDA)
conduct a comprehensive scientific

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review of the WIC food packages at least
every ten years and revise the foods
available, as needed, to reflect
nutritional science, public health
concerns, and cultural eating patterns
(42 U.S.C. 1786(f)(11)(C)). This rule
makes changes that are intended to
provide WIC participants with a wider
variety of foods that align with the latest
nutritional science; provide WIC State
agencies with greater flexibility to
prescribe food packages that
accommodate participants’ personal and
cultural food preferences and special
dietary needs; provide more equitable
access to supplemental foods; and better
promote and support individual
breastfeeding goals of participants to
help establish successful long-term
breastfeeding.
Benefits
The changes to the WIC food packages
enacted under this rule are intended to
provide WIC participants with a wider
variety of foods that align with the latest
nutritional science, provide WIC State
agencies with greater flexibility in
prescribing food packages to
accommodate participant personal and
cultural food preferences and special
dietary needs, and better promote and
support the establishment of successful
long-term breastfeeding.
The increases in the value of the cashvalue voucher (CVV) for fruits and
vegetables, increases in canned fish, and
changes to whole grain requirements
will better align the WIC food packages
with the 2020–2025 DGA. The DGA
identified average daily food group
intakes of fruits, vegetables, seafood,
and whole grains as falling below the
recommended intake ranges for adults
and children.24 Increased consumption
of these foods is expected to increase
intakes of key nutrients, including
dietary fiber, potassium, vitamin D,
vitamin A, vitamin C, folate, and
polyunsaturated fatty acids. Dietary
fiber, potassium, and vitamin D,
considered nutrients of public health
concern in the general U.S. population,
are currently also under-consumed by
WIC participants.25 26
24 Gleason, S., Hansen, D., & Wakar, B. (2021).
Indicators of diet quality, nutrition, and health for
Americans by program participation status, 2011–
2016: WIC report. Prepared by Insight Policy
Research, Contract No. GS–10F–0136X. Alexandria,
VA: U.S. Department of Agriculture, Food and
Nutrition Service, Office of Policy Support, Project
Officer: Michael Burke. www.fns.usda.gov/researchand-analysis.
25 Ibid.
26 Borger, C., Zimmerman, T., Vericker, T., et al.
(2020). WIC Infant and Toddler Feeding Practices
Study 2: Fourth Year Report. Prepared by Westat,
Contract No. AG–3198–K–15–0033 and AG–3198–
K–15–0050. Alexandria, VA: U.S. Department of

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NASEM’s analysis estimates that in
order to meet half of the recommended
intakes of fruits and vegetables, WIC
participants would need to spend $24,
$43, or $47 (adjusted for inflation to FY
2022), depending on participant
category, to meet 50 percent of the
recommended intakes for fruits and
vegetables. This suggests that the
current regulatory CVV levels (which
would have been $9 for children and
$11 for pregnant, postpartum, and
breastfeeding individuals in FY 2022
had Congress not temporarily enacted
higher levels through annual
appropriations that aligned with the
NASEM recommendations) only
provide enough for around 19 percent
and 12 percent of recommended fruit
and vegetable intakes for these groups,
respectively. By increasing the value of
the CVV to the levels proposed by
NASEM to meet 50 percent of the
recommended fruit and vegetable
intakes, the rule is expected to
significantly increase fruit and vegetable
purchases and consumption among WIC
participants.
While it is difficult to quantify the full
extent of projected benefits associated
with the revisions to the WIC food
packages, USDA’s and NASEM’s
analyses find that the revisions better
align the WIC food packages with the
latest nutrition recommendations in the
DGA and accordingly will support
participants in achieving healthy dietary
patterns. The 2020–2025 DGA
highlights the importance of a healthy
dietary pattern to help achieve a healthy
body weight and reduce the risk of
chronic disease. The DGA also
emphasizes the importance of exposing
young children to nutrient-dense foods
at an early age to support the
establishment of healthy dietary
patterns. By supporting healthy dietary
patterns among pregnant women, the
changes to the WIC food packages will
advance the Program’s capacity to
address nutrition-related causes of
maternal and infant morbidity and
mortality. The Department finds that
this rule presents an effective approach
to supporting pregnant participants and
families with infants and young
children in achieving balanced, healthy
diets and broadly promoting public
health.
Costs
The Department estimates that the
rule to revise regulations governing the
WIC food packages would result in a net
Agriculture, Food and Nutrition Service, Office of
Policy Support, Project Officer: Courtney Paolicelli.
Available online at: www.fns.usda.gov/researchand-analysis.

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increase in Federal WIC spending of
$4.9 billion, in the form of Federal
transfer payments for increased WIC
food expenditures, over five years from
FY 2025 through FY 2029. This increase
in Federal WIC food expenditures is
driven by the increase in the CVV,
which is estimated to increase WIC food
expenditures by $5.6 billion over five
years when compared to current CVV
levels as outlined in 7 CFR 246.10.
However, the CVV levels in this rule
were enacted on a temporary basis for
FY 2022, FY 2023, and FY 2024. As a
result, when compared to the FY 2022,
FY 2023, and FY 2024 WIC food
packages, the CVV increase made
permanent in this rule would not
impact Federal WIC expenditures. With
the CVV impact zeroed out of the
overall cost estimate for the rule, the
remaining provisions are expected to
result in a net decrease in Federal WIC
food spending of $617 million over five
years, or about a 2.3 percent reduction
in total food expenditures when
compared to the food packages as
currently enacted in FY 2023. These
estimates are summarized at the food
category level in the RIA in appendix A
at the end of this document, where all
changes under a given food category
(e.g., changes to quantity issued,
expanded substitution options, and
flexibility in package sizes) are
considered for their collective impacts
on projected quantities redeemed and
unit costs. Based on the implementation
timeline described above, these cost
estimates assume that the CVV increase
will be fully in effect in FY 2025 and
that the other provisions will be fully in
effect beginning in FY 2026.
As described above, the increase in
value of the CVV accounts for most of
the increased Federal spending, adding
around $5.6 billion in costs over five
years. This estimate assumes that the
redemption rate of the increased CVV
will continue at 2020 redemption levels
(71.6 percent) and accounts for annual
inflation adjustments. The addition of
canned fish to most food packages is
estimated to add around $213 million in
additional spending over five years. The
increase to the amounts of jarred infant
fruits and vegetables that can be
substituted for CVV and the expansion
of the allowable age range to substitute
CVV for jarred fruits and vegetables are
estimated to increase redemptions for
these items, adding $119 million in
additional spending over five years,
despite the reduction in the quantity of
jarred fruits and vegetables issued to
fully breastfed infants. Requiring all
State agencies to authorize both dry and
canned legumes is estimated to increase

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costs by $16 million over five years as
some participants shift from purchasing
dry legumes to more costly canned
legumes.
The remaining provisions will either
result in net savings at the food category
level or are not estimated to have a
significant impact on costs. Although
the expanded substitution options for
milk and juice are expected to increase
redemption rates for these food
categories, the reductions to the
maximum monthly allowances issued
are still expected to result in a net
savings of $118 million for milk and
$640 million for juice over five years.
The estimated savings associated with
the reduction in the allowances for juice
offset part of the costs of the increase to
the CVV—encouraging greater
consumption of whole fruits and
vegetables as emphasized in the DGA.
While the rule will increase the amount
of infant formula allowed in the first
month for partially breastfed infants,
this change is intended to support
continued breastfeeding and is
estimated to result in a shift of 5 percent
of infant mother dyads from fully
formula feeding food packages to
partially breastfeeding food packages,
which would ultimately lead to a net
savings of $34 million on infant formula
over five years. The changes to infant
meats, infant cereals, whole wheat/
whole grains, breakfast cereal, and
cheese are also expected to result in cost
savings as summarized in Table 2d of
the RIA in appendix A at the end of this
document.
In addition to the above impact on
Federal transfer payments, the
Department also estimates that WIC
State agencies and local agencies will
incur an increase in administrative
burden associated with administering
and explaining the changes to
participants. This additional
administrative burden is expected to
account for about $179 million in State
agency and local agency labor costs over
five years between FY 2025 and FY
2029. These administrative costs are
considered allowable expenses for State
agencies under their annually awarded
Nutrition Services and Administration
(NSA) grants. In general, the Department
expects that State agencies will be able
to absorb the costs associated with
implementing the provisions under this
rule with current NSA funds.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601–612) requires agencies to
analyze the impact of rulemaking on
small entities and consider alternatives
that would minimize any significant
impacts on a substantial number of

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small entities. Pursuant to that review,
it has been certified that this rule will
not have a significant impact on a
substantial number of small entities.
This final rule will not have a
significant adverse impact on small
entities in the Special Supplemental
Nutrition Program for Women, Infants,
and Children; the impact is not
significant as it allows for greater
options and flexibilities within
approved food lists for State and local
agencies to offer participants. State
agencies are already required on an
annual basis to review their approved
foods lists.
Factual Basis: The provisions of this
final rule will apply to small local
agencies operating the Special
Supplemental Nutrition Program for
Women, Infants and Children and to
State agency staff who must monitor
local agencies in remote locations.
These entities meet the definition of
‘‘small governmental jurisdiction’’ and
‘‘small entity’’ in the Regulatory
Flexibility Act. These entities will not
be negatively impacted by the changes
and options in this rule.
As discussed in the Regulatory Impact
Analysis (RIA), this rule is not expected
to change the administrative burden on
most vendors. There may be a small
one-time burden on small vendors to
stock three varieties of vegetables
instead of two, but the overall burden
on vendors will remain substantially
unchanged. Requiring vendors to stock
at least three vegetables serves to
improve access and equity to nutritious
foods for WIC participants by providing
a greater variety of vegetables,
particularly important for those living in
locations where it is difficult to access
vegetables.
The Department does not routinely
track data necessary to determine how
WIC benefit redemptions vary by most
vendor characteristics, including
indicators for whether the store is a
small business or independent grocer.
The Department estimates that due to
the one-time stocking burden,
approximately 150 vendors may decide
to discontinue participation in the
Program out of approximately 40,000
total vendors, or approximately one to
two vendors per State agency, on
average. This estimate assumes that,
among vendors with WIC redemptions
in the bottom 10 percent nationwide,
those such as small convenience stores
that offer limited grocery items may
have the greatest difficulty stocking one
additional vegetable. Comments from
the public on this assumption were
requested in the proposed RIA and none
were received.

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Due to the unavailability of data on
vendor size, the Department does not
have estimated costs for small vendors
to offer a third variety of vegetables.
However, based on the estimated
number of small vendors that could be
impacted, this rule will not have a
significant economic impact on a
substantial number of small entities.
The updated stocking requirement will
require vendors to carry one additional
form of vegetable and will allow
vendors to meet this requirement by
stocking fresh, canned, or frozen
vegetables, depending on their policies.
Given the flexibility in this requirement,
the Department anticipates minimum
negative impact on vendors and, in the
long-term, and expects that the
administrative burden on vendors will
remain substantially unchanged.

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Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as a ‘‘major rule’’,
as defined by 5 U.S.C. 804(2).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local
and Tribal governments, and the private
sector. Under section 202 of the UMRA,
the Department generally must prepare
a written statement, including a cost
benefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures by State, local or
Tribal governments, in the aggregate, or
the private sector, of $146 million or
more (when adjusted for inflation; gross
domestic product (GDP) deflator source:
Table 1.1.9 at https://www.bea.gov/
iTable) in any one year. When such a
statement is needed for a rule, section
205 of the UMRA generally requires the
Department to identify and consider a
reasonable number of regulatory
alternatives and adopt the most cost
effective or least burdensome alternative
that achieves the objectives of the rule.
This final rule does not contain
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, and Tribal governments, or
the private sector of $146 million or
more in any one year. Thus, the rule is
not subject to the requirements of
sections 202 and 205 of the UMRA.
Executive Order 12372
The Special Supplemental Nutrition
Program for Women, Infants and
Children (WIC) is listed in the Catalog
of Federal Domestic Assistance under

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Number 10.557 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials (see 2 CFR
chapter IV). Since WIC is Stateadministered, USDA’s FNS Regional
Offices have formal and informal
discussions with State and local
officials, including representatives of
Indian Tribal Organizations, on an
ongoing basis regarding program
requirements and operations. This
provides USDA with the opportunity to
receive regular input from program
administrators and contributes to the
development of feasible program
requirements.
Federalism Summary Impact Statement
Executive Order 13132 requires
Federal agencies to consider the impact
of their regulatory actions on State and
local governments. Where such actions
have federalism implications, agencies
are directed to provide a statement for
inclusion in the preamble to the
regulations describing the agency’s
considerations in terms of the three
categories called for under section
(6)(b)(2)(B) of Executive Order 13132.
The Department has considered the
impact of this rule on State and local
governments and has determined that
this rule does not have federalism
implications. Therefore, under section
6(b) of the Executive order, a federalism
summary is not required.
Executive Order 12988, Civil Justice
Reform
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is intended to
have preemptive effect with respect to
any State or local laws, regulations, or
policies which conflict with its
provisions or which would otherwise
impede its full and timely
implementation. This rule is not
intended to have retroactive effect. Prior
to any judicial challenge to the
provisions of this final rule, all
applicable administrative procedures
must be exhausted.
Civil Rights Impact Analysis
FNS has reviewed this final rule in
accordance with USDA Regulation
4300–004, Civil Rights Impact Analysis,
to identify and address any major civil
rights impacts the final rule might have
on minorities, women, and persons with
disabilities. A comprehensive Civil
Rights Impact Analysis (CRIA) was
conducted on the final rule, including
an analysis of participant data and
provisions contained in the final rule.
The CRIA outlines outreach, mitigation,
and monitoring strategies to lessen any

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28513

possible civil rights impacts. The CRIA
concludes by stating FNS believes that
the promulgation of this final rule will
impact WIC State agencies including
Indian Tribal Organizations (ITOs), WIC
vendors, WIC local agencies and clinic
sites, food producers and
manufacturers, and WIC participants.
Specifically, WIC participants will be
impacted by the changes to the WIC
food packages to align with the latest
nutrition science, accommodate special
dietary needs and personal and cultural
food preferences, and promote
breastfeeding. WIC vendors will be
required to consistently stock three
vegetable varieties. State agencies,
including ITOs, will have to identify
new foods and package sizes and update
their WIC Approved Product Lists
consistent with the changes outlined in
the final rule. WIC local agency and
clinic staff will have to review and
update procedures to ensure they
prescribe the revised food package
correctly and accurately communicate
the changes to participants.
Additionally, although the final rule’s
changes to the food packages were
selected to align with available
products, there may be a minimal need
for food manufacturers to reformulate
products or create new products or
package sizes. However, FNS finds that
the implementation of the outreach,
mitigation, and monitoring strategies by
the FNS Civil Rights Division and FNS
WIC may lessen these impacts. If
deemed necessary, FNS Civil Rights
Division will propose further mitigation
and outreach strategies to alleviate
impacts that may result from the
implementation of the final rule.
Executive Order 13175
Executive Order 13175 requires
Federal agencies to consult and
coordinate with Tribes on a
government-to-government basis on
policies that have Tribal implications,
including regulations, legislative
comments or proposed legislation, and
other policy statements or actions that
have substantial direct effects on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
On November 30, 2021, FNS provided
opportunity for consultation on the rule
and received substantive feedback from
several Tribal leaders which was taken
into consideration during the
development of this final rule, including
support for more traditional foods,
consideration of impacts on small or
Tribal stores, and swift publication of
the rulemaking. FNS will explore

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additional opportunities for engagement
as needed. Once the proposed rule was
published in the Federal Register, FNS
encouraged stakeholders representing
ITOs to provide input on whether the
proposed rule poses any adverse tribal
implications. Several ITOs provided
public comment on multiple aspects of
the proposed rule. The Department
considered all comments, including
those received by ITOs. No Tribes
requested additional consultation after
the proposed rule was published. We
are unaware of any current Tribal laws
that could be in conflict with this final
rule. If a Tribe requests consultation in
the future, FNS will work with the
Office of Tribal Relations to ensure
meaningful consultation is provided.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; 5 CFR part 1320)
requires that the Office of Management
and Budget (OMB) approve all
collections of information by a Federal
agency before they can be implemented.
Respondents are not required to respond
to any collection of information unless
it displays a current valid OMB control
number.
In accordance with the Paperwork
Reduction Act of 1995, this final rule
revises existing information collection
requirements currently approved under
OMB Control Number 0584–0043,
‘‘Special Supplemental Nutrition
Program for Women, Infants, and
Children (WIC) Program Regulations—
Reporting and Recordkeeping Burden’’
(expiration date January 31, 2027), and
contains new requirements for the same
information collection. These
information collection requirements are
subject to review and approval by OMB.
The Department published the
proposed rule, ‘‘Special Supplemental
Nutrition Program for Women, Infants,
and Children (WIC): Revisions in the
WIC Food Packages,’’ in the Federal
Register on November 21, 2022 (FR
71090). In connection with the proposed
rule, the Department submitted an
Information Collection Request (ICR)
discussing the information requirements
impacted by the rule to OMB for
review.27 The proposed rule requested
public comment on proposed changes in
the information collection burden that
would result from this rule. No
comments were received on the
proposed information collection
requirements and associated burdens.
Comments received on other sections of
the proposed rule highlighted the
27 See ICR Reference No: 202211–0584–006,
available at: https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=202211-0584-001.

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administrative burden required of State
agencies to successfully implement the
provisions in the final rule. The
Department evaluated the
administrative burden comments
received on individual provisions
throughout the rule and cross referenced
them with the proposed changes in the
ICR. The Department did not receive
any comments disputing the estimated
administrative burden as a result of this
rulemaking. Therefore, the Department
believes this administrative burden has
been appropriately captured in the
burden estimates that were presented
with the proposed rule.
This final rule does not change the
information collection requirements that
were proposed in the proposed rule.
However, the baseline number of hours
currently approved under OMB Control
Number 0584–0043 have been updated
since the proposed rule was published,
due to the regular revision of the WIC
Program ICR. The revisions to the
existing information collection
requirements and the introduction of
new information collection
requirements that will take effect with
the final rule will result in an overall
increase in burden hours for State and
local agencies, applicants for Program
benefits, and businesses responding to
these requirements. These changes are
contingent upon OMB approval under
the Paperwork Reduction Act of 1995.
When the information collection
requirements have been approved, the
Department will publish a separate
action in the Federal Register
announcing OMB approval.
Title: Special Supplemental Nutrition
Program for Women, Infants, and
Children (WIC) Program Regulations—
Reporting and Recordkeeping Burden.
OMB Number: 0584–0043.
Expiration Date: January 31, 2027.
Type of Request: Revision of a
currently approved collection.
Abstract: This is a revision of existing
information collection requirements in
the information collection under OMB
Control Number 0584–0043 that are
affected by this rulemaking. This final
rule revises regulations governing the
WIC food packages to align them with
the current Dietary Guidelines for
Americans and to reflect
recommendations from the National
Academies of Sciences, Engineering,
and Medicine while promoting nutrition
security and equity and considering
program administration. This final rule
impacts the burden associated with
reporting and recordkeeping
requirements for State and local
agencies, reporting requirements for
Program applicants and participants,
and reporting requirements for

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businesses. The average burden per
respondent and the annual burden
hours are summarized and explained
below.
(i) Burden Revisions Related to
Certification
During the certification process, a
program applicant or participant
provides pertinent data, receives
notification of their rights and
responsibilities, receives information on
other health-related and public
assistance programs, is assigned a food
package based on their nutrition risk
assessment and categorical eligibility,
and receives their initial nutrition
education including breastfeeding
promotion and support. Currently, the
Department estimates that it takes 25
minutes per applicant or participant to
complete this certification process. Due
to the program (food package) changes
in this rule, the Department estimates
that the certification process will take
an additional three minutes to complete
per participant. These three minutes
account for the time required for clinic
staff to review updated procedures,
correctly prescribe the food package
with the changes, and communicate the
changes to each participant. Therefore,
the Department estimates that going
forward, certification will require 28
minutes (0.4676 hours) per applicant or
participant. This change will increase
the reporting burden for State and local
agencies and program applicants and
participants as follows:
• For the 1,379,126 adult
participants, the Department estimates
an additional 69,094.21 hours (3
minutes or 0.0501 hours × 1,379,126
participants) of reporting burden for
certification. This will add 48,365.95
hours to the annual reporting burden for
the 1,267 government local agencies that
perform certifications for 70 percent of
adult participants (0.7 × 1,379,126 =
965,388.20 adult participants), and
20,728.26 hours to the annual reporting
burden for the 543 non-profit local
agencies that perform certifications for
the remaining 30 percent of adult
participants (0.3 × 1,379,126 =
413,737.80 adult participants).
• For the 3,400,090 child
participants, the Department estimates
an additional 170,344.51 hours (0.0501
hours × 3,400,090 participants) of
reporting burden for certification. This
will add 119,241.16 hours to the annual
reporting burden for the 1,267
government local agencies that perform
certifications for 70 percent of child
participants (0.7 × 3,400,090 = 2,380,063
child participants), and 51,103.35 hours
to the annual reporting burden for the
543 non-profit local agencies that

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perform certifications for the remaining
30 percent of child participants (0.3 ×
3,400,090 = 1,020,027 child
participants).
• For the 1,464,744 infant
participants, the Department estimates
an additional 73,383.67 hours (0.0501
hours × 1,464,744 participants) of
reporting burden for certification. This
will add 51,368.57 hours to the annual
reporting burden for the 1,267
government local agencies that perform
certifications for 70 percent of infant
participants (0.7 × 1,464,744 =
1,025,320.80 infant participants), and
22,015.10 hours to the annual reporting
burden for the remaining 543 non-profit
local agencies that perform certifications
for the remaining 30 percent of infant
participants (0.3 × 1,464,744 =
439,423.20 infant participants).
Additionally, the Department
estimates that communicating the food
package changes in this rule to current
participants will require a one-time,
five-minute (0.0835 hours) explanation
per participant. An estimated
521,370.66 burden hours will be
required for all current WIC participants
to receive this explanation (6,243,960
participants × 5 minutes or 0.0835 hours
= 521,370.66 hours). Staff at the 1,267
government local agencies will require
364,959.46 hours to provide this
explanation to the 70 percent of WIC
participants they serve (0.7 × 6,243,960
= 4,370,772 participants × 0.0835 hours
= 364,959.46 hours), and staff at the 543
non-profit local agencies will require
156,411.20 hours to provide this
explanation to the remaining 30 percent
of WIC participants they serve (0.3 ×
6,243,960 = 1,873,188 participants ×
0.0835 hours = 156,411.20 hours).

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(ii) Burden Revisions Related to
Updating Food Lists
Each State agency is required to
identify foods that are acceptable for use
in the Program in their jurisdiction, in
accordance with program regulations.
This includes establishing criteria for
and identifying foods, substitutions,
brands and packaging the State agency
will authorize for use in the Program.
The rule includes additional
requirements and options for WICauthorized foods that will impact State
agencies’ identification of foods,
substitutions, brands, and packaging
acceptable for use in the Program to
include:
• Requiring one other form of fruits
and vegetables in addition to fresh.
• Allowing greater flexibility to
authorize additional package sizes (e.g.,
fresh fruits and vegetables, yogurt,
bread).

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• Allowing plant-based yogurts and
plant-based cheeses as substitution
options for milk.
• Requiring the authorization of
lactose-free milk.28
• Allowing additional whole grain
options as substitutes for bread.
• Requiring the authorization of
canned legumes in addition to dry
legumes.
• Allowing the authorization of nut
and seed butters as an alternative to
peanut butter.
Currently, the Department estimates
that identifying foods for use in the
Program takes an average of 40 hours
per State agency each year. With the
changes to acceptable foods in the rule,
the Department estimates that, on
average, it will take each State agency
an additional three hours (based on an
estimated range of 2 to 4 hours per State
agency) to comply with this regulatory
provision. This represents an average of
a 5 to 10 percent increase in burden
time. Therefore, the Department
estimates 3,827 total annual burden
hours for this provision (89 State
agencies × 43 hours per State agency),
which is an increase of 267 hours due
to the rule.
(iii) Burden Revisions Related to
Training State and Local Agencies
Each State agency is required to
provide local agencies with a list of
foods that are acceptable for use in the
Program in their jurisdiction. Due to the
changes in the WIC food packages the
food lists will be revised. State agencies
will need to develop and deliver
training for local agencies on the revised
food lists. In addition, State agencies
will attend an FNS-provided training
about the food package changes. These
training activities result in a one-time
estimated burden of five hours for each
State agency (one hour to attend the
FNS training, three hours to develop
State agency-specific trainings for local
agencies, and one hour to provide
training to local agencies). The
Department estimates an additional onetime State agency reporting burden of
445 hours for these training activities
(89 State agencies × 5 hours = 445
hours).
Local agencies will be required to
attend the hour-long training on
updated food lists provided by their
State agency. Therefore, the Department
estimates an additional one-time burden
of 1,267 hours for the 1,267 government
local agencies and 543 hours for the 543
non-profit local agencies to attend their
State agency training.
28 Although, currently an option (not a
requirement) all states and most ITOs already
authorize some kind of lactose-free milk.

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28515

(iv) Burden Revisions Related to Vendor
Authorization
The Department estimates that the
new requirement for WIC-authorized
retail vendors to stock three varieties of
vegetables (currently vendors are
required to stock two varieties) will
result in 150 fewer vendors submitting
applications and/or fewer vendors
signing agreements. This estimate
assumes that among vendors with WIC
redemptions in the bottom 10 percent
nationwide, those such as small
convenience stores that offer limited
grocery items may have the greatest
difficulty stocking an additional
vegetable, and therefore will be most
impacted by the small increase in the
minimum stock requirement in the final
rule (37,417 retail vendors ¥ 150 =
37,267 retail vendors).
State agencies are required to enter
into a written agreement with retail
vendors. State agencies must review
completed application forms and sign a
vendor agreement where the agreement
period must not exceed three years. The
Department estimates that one-third of
all retail vendors will submit
applications each year and that it
requires the State agency 40 minutes
(0.668 hours) to review each application
and agreement. With the expected
decrease in the number of retail vendors
due to the rule, the Department
estimates a decrease in the associated
State agency reporting burden of 33.07
hours (0.33 × 150 retail vendors = 49.50
fewer applications and agreements to
review × 0.668 hours = 30.07 fewer
hours).
Additionally, retail vendors spend an
estimated one hour every three years
completing these applications or
agreements. With the expected decrease
in the number of retail vendors due to
the rule, the Department estimates a
decrease in the associated retail vendor
reporting burden of 49.50 hours (0.33 ×
150 retail vendors = 49.50 fewer
vendors completing applications and
agreements × 1 hour = 49.50 fewer
hours).
The Department further estimates that
each retail vendor application and
agreement requires onehour to collect
and record in the State agency’s
recordkeeping system; most State
agencies use an electronic MIS for this
purpose. With the expected decrease in
the number of retail vendors due to the
rule, the Department estimates a
decrease in the State agency
recordkeeping burden associated with
collecting and recording vendor
applications and agreements of 49.50
hours (0.33 × 150 retail vendors = 49.50
fewer vendors completing applications

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and agreements × 1 hour = 49.50 fewer
hours).
(v) Additional Burden Considerations

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This rule includes breast pumps as a
Program benefit and adds reference to
the sale or offer to sell breast pumps to
the definition of participant violation
(§ 246.2). In addition, the change
(increase) to the dollar threshold for
participant violations (§ 246.16(u)(2)(i))
will result in a decrease in the number

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of participant claims. Taken together
these two provisions will offset each
other and will not have an impact on
the investigation and complaints filed
and therefore will not impact the
currently approved burden estimate for
§ 246.23(c)(1) (disposition of participant
claims).
Respondents: Businesses or other forprofit Organizations, non-profit WIC
local agencies, State, local, or Tribal
government, and individuals and

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households. Respondent groups
identified include State Agencies
(including Indian Tribal Organizations
and U.S. Territories), applicants for
Program benefits, and retail vendors.
Estimated Number of Respondents:
6,283,126.
Estimated Number of Responses per
Respondent: 3.98.
Estimated Total Annual Burden on
Respondents: 6,920,986.07 hours.

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Frm 00031

Fmt 4701

Total
annual
responses

Average
burden
hours per
response

Estimated
total
annual
burden hours

Hours
currently
approved
under
OMB
#0584–0043

1,379,126.00
3,400,090.00
1,464,744.00
6,243,960.00

1,267.00
12,298.11

2,380,063.00
1,025,320.80
4,370,772.00
89.00
89.00

965,388.20

1.00
0.668

0.4676
0.4676
0.0835
43.00
5.00

0.4676

1.00
1.00
1.00
1.00

1,379,126.00
3,400,090.00
1,464,744.00
6,243,960.00

0.4676
0.4676
0.4676
0.0835

Reporting
Applicants for Program Benefits

1.00
138.18

1,878.50
809.25
3,449.70
1.00
1.00

761.95

644,879.32
1,589,882.08
684,914.29
521,370.66

1,267.00
8,215.14

1,112,917.46
479,440.01
364,959.46
3,827.00
445.00

451,415.52

575,785.11
1,419,537.58
611,530.62
0.00

0.00
8,248.20

993,676.30
428,071.43
0.00
3,560.00
0.00

403,049.57

Sfmt 4700

Vendor applications & agreements .............
......................................................................

246.12(h)(1)(i) ...........
Total ...................

761.95
1,878.50
809.25
3,449.70
1.00
1.00

413,737.80
1,020,027.00
439,423.20
1,873,188.00
543.00
12,298.11

0.4676
0.4676
0.4676
0.0835
1.00
1.00

193,463.80
476,964.63
205,474.29
156,411.20
543.00
12,298.11

89.00
6,283,126

138.18
3.98

12,298.11
25,014,722.33

1.00
0.28

12,298.11
6,920,986.07

Recordkeeping
State Agencies (including Indian Tribal Organizations and U.S. Territories)

543.00
543.00
543.00
543.00
543.00
12,298.11

12,347.61
5,250,210.02

172,735.53
425,861.27
183,459.19
0.00
0.00
12,347.61

Reporting
Retail Vendors (WIC-Authorized Food Stores) and Businesses (Non-Profit WIC Local Agencies)

Certification .................................................
Certification .................................................
Certification .................................................
Explaining food package updates ...............

1,267.00
1,267.00
1,267.00
89.00
89.00

Certification .................................................
Certification .................................................
Explaining food package updates ...............
Identification of acceptable foods ...............
Attend, develop, and provide training to
local agencies on revised food lists.
Local agency training on revised food lists
Vendor applications & agreements .............
1,267.00
89

1,267.00

Certification .................................................
Certification .................................................
Certification .................................................
Explaining food package updates ...............
Local agency training on revised food lists
Vendor applications & agreements .............

Women ........
Children .......
infants ..........
......................

Annual
responses
per
respondent

Reporting
State and Local Agencies (including Indian Tribal Organizations and U.S. Territories)

Certification .................................................

Description of activities

Estimated
number of
respondents

¥49.50
+1,670,776.05

+20,728.26
+51,103.35
+22,015.10
+156,411.20
+543.00
¥49.50

+69,094.21
+170,344.51
+73,383.67
+521,370.66

+1,267.00
¥33.07

+119,241.16
+51,368.57
+364,959.46
+267.00
+445.00

+48,365.95

Estimated
change in
burden hours
due to
rulemaking

0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00

0.00
0.00

0.00
0.00
0.00
0.00
0.00

0.00

Estimated
change in
burden hours
due to
adjustments

ESTIMATED ANNUAL REPORTING & RECORDKEEPING BURDEN FOR 0584–0043 AS A RESULT OF THE RULEMAKING

246.7(i) Women ........
246.7(i) Children .......
246.7(i) infants ..........
246.7(i) ......................
246.10(b)(2)(i) ...........
246.12(h)(1)(i) ...........

246.7(i)
246.7(i)
246.7(i)
246.7(i)

246.10(b)(2)(i) ...........
246.12(h) ...................

246.7(b), (i), (n)
Women.
246.7(i) Children .......
246.7(i) Infants ..........
246.7(i) ......................
246.10(b)(1) ..............
246.10(b)(2)(i) ...........

Regulation citation

ddrumheller on DSK120RN23PROD with RULES4

¥49.50
+1,670,776.05

+20,728.26
+51,103.35
+22,015.10
+156,411.20
+543.00
¥49.50

+69,094.21
+170,344.51
+73,383.67
+521,370.66

+1,267.00
¥33.07

+119,241.16
+51,368.57
+364,959.46
+267.00
+445.00

+48,365.95

Total
estimated
change in
burden hours

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

Summary of Requested Burden
Revisions:

SUMMARY OF REQUESTED BURDEN REVISIONS TO # 0584–0043
Responses

Time burden

Current Inventory: Total Burden ..................................................................................................
Current Inventory: Reporting ................................................................................................
Current Inventory: Recordkeeping .......................................................................................
Current Inventory: Public Disclosure ....................................................................................

55,379,381
42,789,469
12,589,883
29

6,283,276
6,283,276
39,316
29

15,686,416
15,400,737
285,664
15

Total Burden Revision Requested ...............................................................................................
Burden Revision Requested: Reporting ...............................................................................
Burden Revision Requested: Recordkeeping ......................................................................
Burden Revision Requested: Public Disclosure ...................................................................

67,869,052
55,279,189
12,589,833
29

6,283,126
6,283,126
39,316
29

17,357,192
17,071,563
285,615
15

Difference in Total Burden from Rulemaking ..............................................................................

12,489,671

¥150

1,670,776

E-Government Act Compliance

§ 246.2

FNS is committed to complying with
the E-Government Act of 2002 to
promote the use of the internet and
other information technologies to
provide increased opportunities to
provide for citizen access to government
information and services, and for other
purposes.

*

List of Subjects in 7 CFR Part 246
Administrative practice and
procedure, Civil rights, Food assistance
programs, Foods, Grants administration,
Grant programs—health, Grant
programs—social programs, Indians,
Infants and children, Maternal and child
health, Nutrition, Penalties, Public
health, Reporting and recordkeeping
requirements, Women.
Accordingly, Food and Nutrition
Service amends 7 CFR part 246 as
follows:
PART 246—SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM FOR WOMEN,
INFANTS AND CHILDREN
1. The authority citation for part 246
continues to read as follows:

■

Authority: 42 U.S.C. 1786.

2. Amend § 246.2 by:
a. Adding the definition for
‘‘Disability’’ in alphabetical order:
■ b. Removing the definition for
‘‘Individual with disabilities;’’
■ c. Revising the definition for
‘‘Participant violation;’’ and
■ d. Removing the definition ‘‘WICeligible nutritionals for participants
with qualifying conditions (hereafter
referred to as ‘‘WIC-eligible
nutritionals)’’ and adding the definition
‘‘WIC-eligible nutritionals for
participants with qualifying conditions
(hereafter referred to as ‘‘WIC-eligible
nutritionals’’)’’ in its place.
The additions and revision read as
follows:
■
■

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Respondents

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Definitions.

*
*
*
*
Disability means, with respect to an
individual, a physical or mental
impairment that substantially limits one
or more of the major life activities of
such individual, a record of such an
impairment, or being regarded as having
such an impairment. See 28 CFR 35.108.
*
*
*
*
*
Participant violation means any
deliberate action of a participant,
parent, or caretaker of an infant or child
participant, or proxy that violates
Federal or State statutes, regulations,
policies, or procedures governing the
Program. Participant violations include,
but are not limited to, deliberately
making false or misleading statements
or deliberately misrepresenting,
concealing, or withholding facts, to
obtain benefits; selling or offering to sell
WIC benefits, cash-value vouchers,
paper food instruments, EBT cards,
supplemental foods, or breast pumps in
person, in print, or online; exchanging
or attempting to exchange WIC benefits,
cash-value vouchers, paper food
instruments, EBT cards, supplemental
foods, or breast pumps for cash, credit,
services, non-food items, or
unauthorized food items, including
supplemental foods in excess of those
listed on the participant’s food
instrument; threatening to harm or
physically harming clinic, farmer,
farmers’ market, or vendor staff; and
dual participation.
*
*
*
*
*
WIC-eligible nutritionals for
participants with qualifying conditions
(hereafter referred to as ‘‘WIC-eligible
nutritionals’’) means certain enteral
products that are specifically formulated
and commercially manufactured (as
opposed to a naturally occurring
foodstuff used in its natural state) to
provide nutritional support for
individuals with a qualifying condition,

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when the use of conventional foods is
precluded, restricted, or inadequate.
Such WIC-eligible nutritionals must
serve the purpose of a food, meal, or
diet (may be nutritionally complete or
incomplete) and provide a source of
calories and one or more nutrients; be
designed for enteral digestion via an
oral or tube feeding; and may not be a
conventional food, drug, flavoring, or
enzyme. WIC-eligible nutritionals
include many, but not all, products that
meet the definition of medical food in
section 5(b)(3) of the Orphan Drug Act
(21 U.S.C. 360ee(b)(3)).
■ 3. Amend § 246.7 by revising
paragraph (j)(10) to read as follows:
§ 246.7

Certification of participants.

*

*
*
*
*
(j) * * *
(10) During WIC certification, every
Program applicant, parent, or caretaker
shall be informed that selling or offering
to sell WIC benefits, cash-value
vouchers, paper food instruments, EBT
cards, supplemental foods, or breast
pumps in person, in print, or on-line is
a participant violation.
*
*
*
*
*
■ 4. Revise § 246.10 to read as follows:
§ 246.10

Supplemental foods.

(a) General. This section prescribes
the requirements for providing
supplemental foods to participants. The
State agency must ensure that local
agencies comply with this section.
(b) State agency responsibilities. (1)
State agencies may:
(i) Establish criteria in addition to the
minimum Federal requirements in table
4 to paragraph (e)(12) of this section for
the supplemental foods in their States,
except that the State agency may not
selectively choose which eligible fruits
and vegetables are available to
participants. These State agency criteria
could address, but not be limited to,
other nutritional standards, competitive

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
cost, State-wide availability, and
participant appeal. For eligible fruits
and vegetables, State agencies may
restrict packaging, e.g., plastic
containers, and package sizes such as
single serving of processed fruits and
vegetables available for purchase with
the cash-value voucher. In addition,
State agencies may identify certain
processed WIC-eligible fruits and
vegetables on food lists where the
potential exists for vendor or participant
confusion in determining authorized
WIC-eligible items.
(ii) Make food package adjustments to
better accommodate participants who
are homeless. At the State agency’s
option, these adjustments would
include, but not be limited to, issuing
authorized supplemental foods in
individual serving-size containers to
accommodate lack of food storage or
preparation facilities.
(iii) Authorize package sizes, in
addition to those authorized to fulfill
paragraph (b)(2)(i) of this section, that
increase participant variety and choice,
except WIC formula, which must be
authorized in sizes that correspond with
the maximum monthly allowances per
paragraphs (e)(9) and (11) of this
section.
(2) State agencies must:
(i) Identify the brands of foods and
package sizes that are acceptable for use
in the Program in their States in
accordance with the requirements of
this section; all State agencies must
authorize at least one package size (or
combination of package sizes) that equal
or add up to the maximum monthly
allowances of all authorized
supplemental foods in each of the food
packages. State agencies must also
provide to local agencies, and include in
the State Plan, a list of acceptable foods
and their maximum monthly allowances
as specified in tables 1 through 4 to
paragraphs (e)(9) through (12) of this
section; and
(ii) Ensure that local agencies:
(A) Make available to participants the
maximum monthly allowances of
authorized supplemental foods, except
as noted in paragraph (c) of this section,
inform participants about the maximum
monthly allowances of authorized
supplemental foods to which they are
entitled as a Program participant and
any food substitution options as
specified in tables 1 through 3 to
paragraphs (e)(9) through (11) of this
section that the State agency authorizes,
and abide by the authorized substitution
rates for WIC food substitutions as
specified in tables 1 through 3 to
paragraphs (e)(9) through (11);
(B) Make available to participants
more than one food from each WIC food

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category except for the categories of
peanut butter and eggs, and any of the
WIC-eligible fruits and vegetables (fresh
or processed) in each authorized food
package as listed in paragraph (e) of this
section;
(C) Authorize only a competent
professional authority to prescribe the
categories of authorized supplemental
foods in quantities that do not exceed
the regulatory maximum and are
appropriate for the participant, taking
into consideration the participant’s
nutritional and breastfeeding needs; and
(D) Advise participants or their
caretaker, when appropriate, that the
supplemental foods issued are only for
their personal use. However, the
supplemental foods are not authorized
for participant use while hospitalized
on an in-patient basis. In addition,
consistent with § 246.7(m)(1)(i)(B),
supplemental foods are not authorized
for use in the preparation of meals
served in a communal food service. This
restriction does not preclude the
provision or use of supplemental foods
for individual participants in a
nonresidential setting (e.g., child care
facility, family day care home, school,
or other educational program); a
homeless facility that meets the
requirements of § 246.7(m)(1); or, at the
State agency’s discretion, a residential
institution (e.g., home for pregnant
teens, prison, or residential drug
treatment center) that meets the
requirements currently set forth in
§ 246.7(m)(1) and (2).
(c) Nutrition tailoring. Nutrition
tailoring is the process of modifying an
individual food package to better meet
the supplemental nutritional needs of
each participant. It entails making
substitutions, reductions, and/or
eliminations to food types and physical
food forms in accordance with
paragraphs (e)(9) through (11) of this
section to accommodate special dietary
needs, cultural practices, and/or
personal preference. The full maximum
monthly allowances of all supplemental
foods in all food packages must be made
available to participants unless
medically or nutritionally warranted.
Reductions in these amounts cannot be
made for cost-savings, administrative
convenience, caseload management, or
to control vendor abuse. Reductions in
these amounts or eliminations of foods
cannot be made for categories, groups,
or subgroups of WIC participants and
may be done only after a nutrition
assessment and offering substitution
options available in the State in
accordance with paragraphs (e)(9)
through (11) and State agency policy.
The provision of less than the maximum
monthly allowances of supplemental

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28519

foods to an individual WIC participant
in all food packages is appropriate only
when:
(1) Medically or nutritionally
warranted (e.g., to eliminate a food due
to a food allergy);
(2) A participant refuses or cannot use
the maximum monthly allowances, or
chooses to take less than the maximum
monthly allowance; or
(3) The quantities necessary to
supplement another program’s
contribution to fill a medical
prescription would be less than the
maximum monthly allowances.
(d) Medical documentation—(1)
Supplemental foods requiring medical
documentation. Medical documentation
is required for the issuance of the
following supplemental foods:
(i) Any non-contract brand infant
formula;
(ii) Any infant formula prescribed to
an infant, child, or adult who receives
Food Package III (see paragraph (e)(3) of
this section);
(iii) Any exempt infant formula;
(iv) Any WIC-eligible nutritional;
(v) Any authorized supplemental food
issued to participants who receive Food
Package III; and
(vi) Any contract brand infant formula
that does not meet the requirements in
table 4 to paragraph (e)(12) of this
section.
(2) Medical documentation for other
supplemental foods. (i) State agencies
may authorize local agencies to issue a
non-contract brand infant formula that
meets the requirements in table 4 to
paragraph (e)(12) of this section without
medical documentation in order to meet
religious eating patterns; and
(ii) The State agency has the
discretion to require medical
documentation for any contract brand
infant formula other than the primary
contract infant formula and may decide
that some contract brand infant formula
may not be issued under any
circumstances.
(3) Medical determination. For
purposes of this paragraph (d), medical
documentation means that a health care
professional licensed to write medical
prescriptions under State law has:
(i) Made a medical determination that
the participant has a qualifying
condition as described in paragraphs
(e)(1) through (7) of this section that
dictates the use of the supplemental
foods, as described in paragraph (d)(1)
of this section; and
(ii) Provided the written
documentation that meets the technical
requirements described in paragraphs
(d)(4)(ii) and (iii) of this section.
(4) Technical requirements—(i)
Location. All medical documentation

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must be kept on file (electronic or hard
copy) at the local clinic. The medical
documentation kept on file must
include the initial telephone
documentation, when received as
described in paragraph (d)(4)(iii)(B) of
this section.
(ii) Content. All medical
documentation must include the
following:
(A) The name of the authorized WIC
formula (infant formula, exempt infant
formula, WIC-eligible nutritional)
prescribed, including amount needed
per day;
(B) The authorized supplemental
food(s) appropriate for the qualifying
condition(s) and their prescribed
amounts;
(C) Length of time the prescribed WIC
formula and/or supplemental food is
required by the participant;
(D) The qualifying condition(s) for
issuance of the authorized supplemental
food(s) requiring medical
documentation, as described in
paragraphs (e)(1) through (7) of this
section; and
(E) Signature, date, and contact
information (or name, date, and contact
information), if the initial medical
documentation was received by
telephone and the signed document is
forthcoming, of the health care
professional licensed by the State to
write prescriptions in accordance with
State laws.
(iii) Written confirmation—(A)
General. Medical documentation must
be written and may be provided as an
original written document, an electronic
document, or by facsimile or telephone
to a competent professional authority
until written confirmation is received.
(B) Medical documentation provided
by telephone. Medical documentation
may be provided by telephone to a
competent professional authority who
must promptly document the
information. The collection of the
required information by telephone for
medical documentation purposes may
only be used until written confirmation
is received from a health care
professional licensed to write medical
prescriptions and used only when
absolutely necessary on an individual
participant basis. The local clinic must
obtain written confirmation of the
medical documentation within a
reasonable amount of time (i.e., one- or
two-weeks’ time) after accepting the
initial medical documentation by
telephone.
(5) Medical supervision requirements.
Due to the nature of the health
conditions of participants who are
issued supplemental foods that require
medical documentation, close medical

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supervision is essential for each
participant’s dietary management. The
responsibility remains with the
participant’s health care provider for
this medical oversight and instruction.
This responsibility cannot be assumed
by personnel at the WIC State or local
agency. However, it would be the
responsibility of the WIC competent
professional authority to ensure that
only the amounts of supplemental foods
prescribed by the participant’s health
care provider are issued in the
participant’s food package.
(e) Food packages. There are seven
food packages available under the
Program that may be provided to
participants. The authorized
supplemental foods must be prescribed
from food packages according to the
category and nutritional needs of the
participants. Breastfeeding assessment
and the mother’s plans for breastfeeding
serve as the basis for determining food
package issuance for all breastfeeding
women. The intent of the WIC Program
is that all breastfeeding women be
supported to exclusively breastfeed
their infants and to choose the fully
breastfeeding food package without
infant formula. Breastfeeding mothers
whose infants receive formula from WIC
are to be supported to breastfeed to the
maximum extent possible with minimal
supplementation with infant formula.
Formula amounts issued to a breastfed
infant are to be tailored to meet but not
exceed the infant’s nutritional needs.
The seven food packages are as follows:
(1) Food Package I—Infants birth
through 5 months—(i) Participant
category served. This food package is
designed for issuance to infants from
birth through age 5 months who do not
have a condition qualifying them to
receive Food Package III (see paragraph
(e)(3) of this section). The following
infant feeding variations are defined for
the purposes of assigning food
quantities and types in Food Packages I:
Fully breastfeeding (the infant doesn’t
receive formula from the WIC Program);
partially (mostly) breastfeeding (the
infant is breastfed but also receives
infant formula from WIC up to the
maximum allowance described for
partially (mostly) breastfed infants in
table 1 to paragraph (e)(9) of this
section; and fully formula fed (the infant
is not breastfed or is breastfed
minimally (the infant receives infant
formula from WIC in quantities that
exceed those allowed for partially
(mostly) breastfed infants).
(ii) Infant feeding age categories—
Birth through 5 months. Three infant
food packages are available from birth
through 5 months—fully breastfeeding,

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partially (mostly) breastfeeding, or fully
formula-fed.
(iii) Infant formula requirements. This
food package provides iron-fortified
infant formula that is not an exempt
infant formula and that meets the
requirements in table 4 to paragraph
(e)(12) of this section. The issuance of
any contract brand or noncontract brand
infant formula that contains less than 10
milligrams of iron per liter (at least 1.5
milligrams iron per 100 kilocalories) at
standard dilution is prohibited. Except
as specified in paragraph (d) of this
section, local agencies must issue as the
first choice of issuance the primary
contract infant formula, as defined in
§ 246.2, with all other infant formulas
issued as an alternative to the primary
contract infant formula. Noncontract
brand infant formula and any contract
brand infant formula that does not meet
the requirements in table 4 to paragraph
(e)(12) of this section may be issued in
this food package only with medical
documentation of the qualifying
condition. A health care professional
licensed by the State to write
prescriptions must make a medical
determination and provide medical
documentation that indicates the need
for the infant formula. For situations
that do not require the use of an exempt
infant formula, such determinations
include, but are not limited to,
documented formula intolerance, food
allergy or inappropriate growth pattern.
Medical documentation must meet the
requirements described in paragraph (d)
of this section.
(iv) Physical forms. Local agencies
must issue all WIC formulas (infant
formula, exempt infant formula and
WIC-eligible nutritionals) in
concentrated liquid or powder physical
forms. Ready-to-feed WIC formulas may
be authorized when the competent
professional authority determines and
documents that:
(A) The participant’s household has
an unsanitary or restricted water supply
or poor refrigeration;
(B) The person caring for the
participant may have difficulty in
correctly diluting concentrated or
powder forms; or
(C) The WIC infant formula is only
available in ready-to-feed.
(v) Authorized category of
supplemental foods. Infant formula is
the only category of supplemental foods
authorized in this food package. Exempt
infant formulas and WIC-eligible
nutritionals are authorized only in Food
Package III (see paragraph (e)(3) of this
section). The maximum monthly
allowances, allowed options, and
substitution rates of supplemental foods
for infants in Food Packages I are stated

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in table 1 to paragraph (e)(9) of this
section.
(2) Food Package II—Infants 6
through 11 months—(i) Participant
category served. This food package is
designed for issuance to infants from 6
through 11 months of age who do not
have a condition qualifying them to
receive Food Package III (see paragraph
(e)(3) of this section).
(ii) Infant food packages. Three food
packages for infants 6 through 11
months are available—fully
breastfeeding, partially (mostly)
breastfeeding, or fully formula fed.
(iii) Infant formula requirements. The
requirements for issuance of infant
formula in Food Package I, specified in
paragraphs (e)(1)(iii) and (iv) of this
section, also apply to the issuance of
infant formula in Food Package II.
(iv) Authorized categories of
supplemental foods. Infant formula,
infant cereal, and infant foods are the
categories of supplemental foods
authorized in this food package. The
maximum monthly allowances, allowed
options, and substitution rates of
supplemental foods for infants in Food
Packages II are stated in table 1 to
paragraph (e)(9) of this section.
(3) Food Package III—Participants
with qualifying conditions—(i)
Participant category served and
qualifying conditions. This food package
is reserved for issuance to women,
infants, and children who have a
documented qualifying condition that
requires the use of a WIC formula
(infant formula, exempt infant formula,
or WIC-eligible nutritional) because the
use of conventional foods is precluded,
restricted, or inadequate to address their
special nutritional needs. Medical
documentation must meet the
requirements described in paragraph (d)
of this section. Participants who are
eligible to receive this food package
must have one or more qualifying
conditions, as determined by a health
care professional licensed to write
medical prescriptions under State law.
The qualifying conditions include but
are not limited to premature birth, low
birth weight, failure to thrive, inborn
errors of metabolism and metabolic
disorders, gastrointestinal disorders,
malabsorption syndromes, immune
system disorders, severe food allergies
that require an elemental formula, and
life threatening disorders, diseases and
medical conditions that impair
ingestion, digestion, absorption, or the
utilization of nutrients that could
adversely affect the participant’s
nutrition status. This food package may
not be issued solely for the purpose of
enhancing nutrient intake or managing
body weight.

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(ii) Non-authorized issuance of Food
Package III. This food package is not
authorized for:
(A) Infants whose only condition is:
(1) A diagnosed formula intolerance
or food allergy to lactose, sucrose, milk
protein, or soy protein that does not
require the use of an exempt infant
formula; or
(2) A non-specific formula or food
intolerance;
(B) Women and children who have a
food intolerance to lactose or milk
protein that can be successfully
managed with the use of one of the
other WIC food packages (i.e., Food
Packages IV through VII (see paragraph
(e)(4) through (7) of this section); or
(C) Any participant solely for the
purpose of enhancing nutrient intake or
managing body weight without an
underlying qualifying condition.
(iii) Restrictions on the issuance of
WIC formulas in ready-to-feed (RTF)
forms. WIC State agencies must issue
WIC formulas (infant formula, exempt
infant formula, and WIC-eligible
nutritionals) in concentrated liquid or
powder physical forms unless the
requirements for issuing RTF are met as
described in paragraph (e)(1)(iv) of this
section. In addition to those
requirements, there are two additional
conditions which may be used to issue
RTF in Food Package III:
(A) If a ready-to-feed form better
accommodates the participant’s
condition; or
(B) If it improves the participant’s
compliance in consuming the
prescribed WIC formula.
(iv) Unauthorized WIC costs. All
apparatuses or devices (e.g., enteral
feeding tubes, bags, and pumps)
designed to administer WIC formulas
are not allowable WIC costs.
(v) Authorized categories of
supplemental foods. The supplemental
foods authorized in this food package
require medical documentation for
issuance and include WIC formula
(infant formula, exempt infant formula,
and WIC-eligible nutritionals), infant
cereal, infant foods, milk, eggs, canned
fish, fresh and other State-authorized
forms of fruits and vegetables, breakfast
cereal, whole wheat/whole grain bread,
juice, and legumes and/or peanut butter.
The maximum monthly allowances,
allowed options, and substitution rates
of supplemental foods for infants in
Food Package III are stated in table 1 to
paragraph (e)(9) of this section. The
maximum monthly allowances, allowed
options, and substitution rates of
supplemental foods for children and
women in Food Package III are stated in
table 3 to paragraph (e)(11) of this
section.

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(vi) Coordination with medical payors
and other programs that provide or
reimburse for formulas. WIC State
agencies must coordinate with other
Federal, State, or local government
agencies or with private agencies that
operate programs that also provide or
could reimburse for exempt infant
formulas and WIC-eligible nutritionals
benefits to mutual participants. At a
minimum, a WIC State agency must
coordinate with the State Medicaid
Program for the provision of exempt
infant formulas and WIC-eligible
nutritionals that are authorized or could
be authorized under the State Medicaid
Program for reimbursement and that are
prescribed for WIC participants who are
also Medicaid recipients. The WIC State
agency is responsible for providing up
to the maximum amount of exempt
infant formulas and WIC-eligible
nutritionals under Food Package III in
situations where reimbursement is not
provided by another entity.
(4) Food Package IV–A and B—
Children 1 through 4 years—(i)
Participant category served. This food
package is designed for issuance to
children 1 through 4 years of age who
do not have a condition qualifying them
to receive Food Package III (see
paragraph (e)(3) of this section) and is
divided into: Food Package IV–A for
children 1 to less than 2 years of age
(i.e., 12 through 23 months) and Food
Package IV–B for children 2 years
through 4 years of age.
(ii) Authorized categories of
supplemental foods. Milk, breakfast
cereal, juice, fresh and other Stateauthorized forms of fruits and
vegetables, whole wheat/whole grain
bread, eggs, legumes or peanut butter,
and canned fish are the categories of
supplemental foods authorized for both
Food Package IV–A and IV–B. The
maximum monthly allowances, allowed
options, and substitution rates of
supplemental foods for children in Food
Packages IV–A and IV–B are stated in
table 2 to paragraph (e)(10) of this
section.
(5) Food Package V–A and B—
Pregnant and partially (mostly)
breastfeeding women—(i) Participant
categories served. This food package is
designed for issuance to three categories
of women who do not have a condition
qualifying them to receive Food Package
III (see paragraph (e)(3) of this section)
and is divided into: Food Package V–A
for issuance to women with singleton
pregnancies and Food Package V–B for
issuance to women pregnant with two
or more fetuses and, for up to 1 year
postpartum, partially (mostly)
breastfeeding women whose partially
(mostly) breastfed infants receive

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formula from the WIC Program in
amounts that do not exceed the
maximum allowances described in table
1 to paragraph (e)(9) of this section.
Women partially (mostly) breastfeeding
more than one infant from the same
pregnancy and pregnant women fully or
partially breastfeeding singleton infants
are eligible to receive Food Package VII
as described in paragraph (e)(7) of this
section.
(ii) Authorized categories of
supplemental foods. Milk, breakfast
cereal, juice, fresh and other Stateauthorized forms of fruits and
vegetables, whole wheat/whole grain
bread, eggs, legumes and peanut butter,
and canned fish are the categories of
supplemental foods authorized in this
food package. The maximum monthly
allowances, allowed options, and
substitution rates of supplemental foods
for women in Food Packages V–A and
V–B are stated in table 2 to paragraph
(e)(10) of this section.
(6) Food Package VI—Postpartum
women—(i) Participant categories
served. This food package is designed
for issuance to women up to 6 months
postpartum who are not breastfeeding
their infants, and to breastfeeding
women up to 6 months postpartum
whose participating infant receives
more than the maximum amount of
formula allowed for partially (mostly)
breastfed infants as described in table 1
to paragraph (e)(9) of this section and
who do not have a condition qualifying

them to receive Food Package III (see
paragraph (e)(3) of this section).
(ii) Authorized categories of
supplemental foods. Milk, breakfast
cereal, juice, fresh and other Stateauthorized forms of fruits and
vegetables, whole wheat/whole grain
bread, eggs, legumes or peanut butter,
and canned fish are the categories of
supplemental foods authorized in this
food package. The maximum monthly
allowances, allowed options, and
substitution rates of supplemental foods
for women in Food Package VI are
stated in table 2 to paragraph (e)(10) of
this section.
(7) Food Package VII—Fully
breastfeeding—(i) Participant categories
served. This food package is designed
for issuance to breastfeeding women up
to 1 year postpartum whose infants do
not receive infant formula from WIC
(these breastfeeding women are
assumed to be exclusively breastfeeding
their infants) and who do not have a
condition qualifying them to receive
Food Package III (see paragraph (e)(3) of
this section). This food package is also
designed for issuance to women
partially (mostly) breastfeeding multiple
infants from the same pregnancy, and
pregnant women who are also partially
(mostly) breastfeeding singleton infants
and who do not have a condition
qualifying them to receive Food Package
III. Women fully breastfeeding multiple
infants from the same pregnancy receive
1.5 times the supplemental foods
provided in Food Package VII.

(ii) Authorized categories of
supplemental foods. Milk, breakfast
cereal, juice, fresh and other Stateauthorized forms of fruits and
vegetables, whole wheat/whole grain
bread, eggs, legumes and peanut butter,
and canned fish are the categories of
supplemental foods authorized in this
food package. The maximum monthly
allowances, allowed options, and
substitution rates of supplemental foods
for women in Food Package VII are
stated in table 2 to paragraph (e)(10) of
this section.
(8) Supplemental foods—Maximum
monthly allowances, options and
substitution rates, and minimum
requirements. Tables 1 through 3 to
paragraphs (e)(9) through (11) of this
section specify the maximum monthly
allowances of foods in WIC food
packages and identify WIC food options
and substitution rates. Table 4 to
paragraph (e)(12) of this section
describes the minimum requirements
and specifications of supplemental
foods in the WIC food packages.
(9) Full nutrition benefit and
maximum monthly allowances
supplemental foods for infants in Food
Packages I, II, and III. Full nutrition
benefit and maximum monthly
allowances, options, and substitution
rates of supplemental foods for infants
in Food Packages I, II, and III (see
paragraph (e)(1), (2), and (3) of this
section) are stated in table 1 to this
paragraph (e)(9) as follows:

TABLE 1 TO PARAGRAPH (e)(9)—FOOD PACKAGES I, II, AND III: FULL NUTRITION BENEFIT (FNB) AND MAXIMUM MONTHLY
ALLOWANCES (MMA) OF SUPPLEMENTAL FOODS FOR INFANTS BY FEEDING OPTION AND FOOD PACKAGE TIMEFRAME
Fully Formula Fed (FF)
Foods 1

ddrumheller on DSK120RN23PROD with RULES4

WIC
Formula 2 3 4 5 6 7 8 .......

Infant Cereal 9 10 11 .....
Infant food fruits and
vegetables 9 10 11 12 13.
Infant food meat 9 10 ...

Partially (mostly) Breastfed (BF/FF)

Fully Breastfed (BF)
Food
Package
I–BF
0 through 5
months

Food
Package
II–BF
6 through 11
months

Food Packages I–FF
& III–FF
A: 0 through 3 months
B: 4 through 5 months

Food Packages II–FF
& III–FF
6 through 11 months

Food Packages IBF/FF &
III BF/FF
A: 0 through 3 months
B: 4 through 5 months

Food Packages II BF/FF
& III BF/FF
6 through 11 months

A: FNB = Up to 806 fl oz.
MMA= 823 fl reconstituted liquid concentrate
or 832 fl oz RTF or
870 fl oz reconstituted
powder.
B: FNB = Up to 884 fl oz.
MMA = 896 fl oz reconstituted liquid concentrate or 913 fl oz
RTF or 960 fl oz reconstituted powder.
N/A ..................................
N/A ..................................

FNB = Up to 624 fl oz.
MMA = 630 fl oz reconstituted liquid concentrate or 643 fl oz
RTF or 696 fl oz reconstituted powder.
.........................................

FNB = Up to 312 fl oz.
MMA = 315 fl oz reconstituted liquid concentrate or 338 fl oz
RTF or 384 fl oz reconstituted powder.

N/A .............

N/A.

8 oz .................................
128 oz .............................

A: FNB = Up to 364 fl oz.
MMA = 388 fl oz reconstituted liquid concentrate or 384 fl oz
RTF or 435 fl oz reconstituted powder.
B: FNB = Up to 442 fl oz.
MMA = 460 fl oz reconstituted liquid concentrate or 474 fl oz
RTF or 522 fl oz reconstituted powder.
N/A ..................................
N/A ..................................

8 oz .................................
128 oz .............................

N/A .............
N/A .............

16 oz.
128 oz.

N/A ..................................

N/A ..................................

N/A ..................................

N/A ..................................

N/A .............

40 oz.

Notes: Abbreviations in order of appearance in table: FF = fully formula fed; BF/FF = partially (mostly) breastfed; BF = fully breastfed; RTF = ready-to-feed; N/A =
Not applicable (the supplemental food is not authorized in the corresponding food package.
1 Table 4 to paragraph (e)(12) of this section describes the minimum requirements and specifications for supplemental foods. The competent professional authority
(CPA) is authorized to determine nutritional risk and prescribe supplemental foods in Food Packages I, II, and III (see paragraphs (e)(1), (2), and (3) of this section)
(per medical documentation), as established by State agency policy. Food Package III is issued to participants with qualifying medical conditions. A WIC formula is
issued to participants receiving Food Package III under the direction of a health care provider.

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28523

2 Amounts represent the FNB defined as the minimum amount of reconstituted fluid ounces of liquid concentrate infant formula as specified for each infant food
package category and feeding variation. The FNB is based on a 13-ounce can that formed the basis of substitution rates for other physical forms of infant formula
(i.e., powder and RTF infant formula).
3 Following a WIC nutrition and breastfeeding assessment of the needs of the dyad, breastfed infants, even those in the fully formula fed category, should be issued
the quantity of formula needed to support any level of breastfeeding up to the FNB. This amount may be less than the FNB.
4 WIC formula means infant formula, exempt infant formula, or WIC-eligible nutritionals. Infant formula may be issued for infants in Food Packages I, II and III. Medical documentation is required for issuance of WIC formula and other supplemental foods in Food Package III. Only infant formula may be issued for infants in Food
Packages I and II.
5 State agencies must issue whole containers that are all the same size of the same physical form.
6 The MMA is specified in reconstituted fluid ounces for liquid concentrate, RTF liquid, and powder forms of infant formula and exempt infant formula. Reconstituted
fluid ounce is the form prepared for consumption as directed on the container. Formula provided to infants in any form may not exceed the MMA.
7 The FNB is intended to provide close to 100 percent of the nutritional needs of a non-breastfed infant from birth to 6 months. State agencies must provide at least
the FNB authorized to non-breastfed infants up to the MMA for the physical form of the product specified for each food package category unless the food package is
tailored to allow ‘‘up to’’ amounts to support breastfeeding.
8 State agencies may round up to issue whole containers of infant formula over the food package timeframe. State agencies must use the methodology described in
accordance with paragraph (h)(1) of this section.
9 Per paragraph (b)(2)(ii)(A) of this section, State agencies must make the full MMA of all foods available to participants by providing at least one package size (or
combination of sizes) that add up to the full MMA. However, per paragraph (b)(1)(iii) of this section, State agencies may authorize other package sizes (excluding
WIC formula) to increase participant variety and choice.
10 State agencies may round up to issue whole containers of infant foods (infant cereal, fruits and vegetables, and meat) over the food package timeframe. State
agencies must use the methodology described in accordance with paragraph (h)(2) of this section.
11 In lieu of infant foods (cereal, fruit, and vegetables), infants older than 6 months of age in Food Package III may receive WIC formula (infant formula, exempt infant formula, or WIC-eligible nutritionals) at the same MMA as infants ages 4 through 5 months of age of the same feeding option.
12 At State agency option, infants 6 through 11 months in Food Packages II and III may receive a cash-value voucher (CVV) to purchase fruits and vegetables in
lieu of the infant food fruits and vegetables. Fully breastfed infants, partially (mostly) breastfed infants, and fully formula fed infants may substitute half (64 oz.) or all
(128 oz.) of jarred infant fruits and vegetables with a $10 or $20 CVV, respectively. The monthly value of the CVV substitution amounts for infant fruits and vegetables will be adjusted annually for inflation consistent with the annual inflation adjustments made to CVV values for women and children. State agencies must authorize fresh and one other form (frozen or canned). Dried fruits and vegetables are not authorized for infants. The CVV may be redeemed for any eligible fruit and vegetable (refer to table 4 of paragraph (e)(12) of this section and its footnotes).
13 State agencies may not categorically issue a CVV for infants 6 through 11 months. The CVV is to be provided to the participant only after an individual nutrition
assessment, as established by State agency policy. State agencies must ensure that appropriate nutrition education is provided to the caregiver addressing developmental readiness, safe food preparation, storage techniques, and feeding practices to make certain participants are meeting their nutritional needs in a safe and effective manner.

(10) Maximum monthly allowances of
supplemental foods in Food Packages
IV through VII. The maximum monthly
allowances, options, and substitution

rates of supplemental foods for children
and women in Food Packages IV
through VII (see paragraphs (e)(4)
through (7) of this section) are stated in

table 2 to this paragraph (e)(10) as
follows:

TABLE 2 TO PARAGRAPH (e)(10)—FOOD PACKAGES IV, V, VI, AND VII: MAXIMUM MONTHLY ALLOWANCES (MMA) OF
SUPPLEMENTAL FOODS FOR CHILDREN AND WOMEN
Children
Foods 1

Food Package IV
A: 12 through 23 months
B: 2 through 4 years

Juice, single strength 6 7 ..........
Milk, fluid 8 9 10 11 12 13 14 15 .......

64 fl oz .....................................
A: 12 qt. 8 9 11 12 14
B: 14 qt.8 10 11 12 13 14 ...............
36 oz ........................................
1 dozen ....................................
$24.00 CVV .............................

Breakfast cereal 16 ...................
Eggs 17 .....................................
Fruits and vegetables 18 19 .......

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Women

Whole wheat or whole grain
bread 20.
Fish (canned) 21 22 ...................

24 oz ........................................

Mature Legumes and/or Peanut butter 23.

1 lb dry or 64 oz canned Or 18
oz.

6 oz ..........................................

Food Package V
A: Pregnant
B: Partially (Mostly)
Breastfeeding
(up to 1 year postpartum) 2

Food Package VI
Postpartum
(up to 6 months postpartum) 3

64 fl oz .....................................
16 qt.8 10 11 12 13 15 ....................

64 fl oz .....................................
16 qt.8 10 11 12 13 15 ....................

64 fl oz.
16 qt.8 10 11 12 13 15

36 oz ........................................
1 dozen ....................................
A: $43.00 CVV.
B: $47.00 CVV .........................
48 oz ........................................

36 oz ........................................
1 dozen ....................................
$43.00 CVV .............................

36 oz.
2 dozen.
$47.00 CVV.

48 oz ........................................

48 oz.

10 oz ........................................

20 oz.

1 lb dry or 64 oz canned Or 18
oz.

1 lb dry or 64 oz canned And
18 oz.

A: 10 oz.
B: 15 oz ...................................
1 lb dry or 64 oz canned And
18 oz.

Food Package VII
Fully Breastfeeding
(up to 1 year post-partum) 4 5

Note: Abbreviations in order of appearance in table: N/A = Not applicable (the supplemental food is not authorized in the corresponding food package); CVV =
cash-value voucher.
1 Table 4 to paragraph (e)(12) of this section describes the minimum requirements and specifications for supplemental foods. Per paragraph (b)(2)(ii)(A) of this section, State agencies must make the full MMA of all foods available to participants by providing at least one package size (or combination of sizes) that add up to the
full MMA. However, per paragraph (b)(1)(iii) of this section, State agencies may authorize other package sizes to increase participant variety and choice. The competent professional authority (CPA) is authorized to determine nutritional risk and prescribe supplemental foods as established by State agency policy.
2 Food Package V–A (see paragraph (e)(5) of this section) is issued to women participants with singleton pregnancies. Food Package V–B (see paragraph (e)(5)) is
issued to two categories of WIC participants: breastfeeding women whose partially (mostly) breastfed infants receive formula from WIC in amounts that do not exceed
the maximum formula allowances, as appropriate for the age of the infant as described in table 1 to paragraph (e)(9) of this section, and women pregnant with two or
more fetuses.
3 Food Package VI is issued to two categories of WIC participants: non-breastfeeding postpartum women and breastfeeding postpartum women whose infants receive more than the maximum infant formula allowances from WIC for partially (mostly) breastfed infants, as appropriate for the age of the infant as described in table
1 to paragraph (e)(9) of this section.
4 Food Package VII is issued to three categories of WIC participants: fully breastfeeding women whose infants do not receive formula from WIC; women partially
(mostly) breastfeeding multiple infants from the same pregnancy; and pregnant women who are also fully or partially (mostly) breastfeeding singleton infants.
5 Women fully breastfeeding multiple infants from the same pregnancy are prescribed 1.5 times the MMA.
6 Combinations of single-strength and concentrated juices may be issued provided that the total volume does not exceed the MMA for single-strength juice.
7 Children and women may choose to substitute a $3 CVV for the full juice amount (64 fluid ounces). The monthly value of the CVV substitution amount for juice
will be adjusted annually for inflation consistent with the annual inflation adjustments made to CVV values for women and children. A partial CVV substitution for juice
is not authorized. The CVV may be redeemed for any eligible fruit and vegetable (refer to table 4 of paragraph (e)(12) to this section and its footnotes).
8 Regular and lactose-free milk must be authorized. ‘‘Regular milk’’ refers to milk that conforms to FDA standard of identity 21 CFR 131.110 and contains lactose
exclusive of fat content (e.g., low-fat milk). State agencies have the option to authorize plant-based milk alternatives, yogurts, and cheeses, described in table 4 to
paragraph (e)(12) of this section and its footnotes, as milk substitution options when individually tailoring food packages.
9 Whole milk is the standard milk for issuance to 1-year-old children (12 through 23 months). Whole fat or low-fat yogurts may be substituted for fluid milk for 1year-old children, and both are standard issuance when substituting yogurt. Fat-reduced milks or nonfat yogurt may be issued to 1-year-old children for whom overweight or obesity is a concern. The need for fat-reduced milks or nonfat yogurt for 1-year-old children must be based on an individual nutritional assessment.

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10 Low-fat (1%) or nonfat milks are the standard milk for issuance to children ≥24 months of age and women. Reduced-fat (2%) milk is authorized only for participants with certain conditions, including but not limited to, underweight and maternal weight loss during pregnancy. The need for reduced-fat (2%) milk for children receiving Food Package IV–B and women must be based on an individual nutritional assessment.
11 Evaporated milk may be substituted at the rate of 16 fluid ounces of evaporated milk per 32 fluid ounces of fluid milk (i.e., 1:2 fluid ounce substitution ratio). Dry
milk may be substituted at an equal reconstituted rate to fluid milk.
12 For children and women, 1 pound of cheese (dairy and/or plant-based) may be substituted for 3 quarts of milk; 1 quart of yogurt (dairy and/or plant-based) may
be substituted for 1 quart of milk with a maximum of 2 quarts of yogurt that may be substituted for 2 quarts of milk. Women receiving Food Package VII may substitute up to of 2 pounds of cheese for 6 quarts of milk. For children and women in Food Packages IV through VI, no more than 1 pound of cheese may be substituted. State agencies do not have the option to issue additional amounts of cheese or yogurt beyond these maximums even with medical documentation.
13 For children ≥24 months of age (Food Package IV–B) and women, low-fat or nonfat yogurts are the only types of yogurts authorized.
14 When individually tailoring food packages for children, plant-based milk alternatives may be substituted for milk on a quart for quart basis up to the total MMA of
milk; tofu may be substituted for milk for children at the rate of 1 pound of tofu per 1 quart of milk up to the MMA for milk.
15 When individually tailoring food packages for women, plant-based milk alternatives may be substituted for milk on a quart for quart basis up to the total MMA of
milk; tofu may be substituted for milk at the rate of 1 pound of tofu per 1 quart of milk up to the total MMA of milk.
16 At least 75 percent of cereal on a State agency’s authorized food list must meet whole grain criteria for breakfast cereal (refer to table 4 to paragraph (e)(12) of
this section and its footnotes).
17 State agencies must authorize substitution of dry legumes (1 pound), canned legumes (64 ounces), and peanut butter (18 ounces) for each 1 dozen eggs when
individually tailoring food packages. At State agency option, State agencies may authorize tofu (1 pound) or nut and seed butters (18 ounces) to substitute for each 1
dozen eggs when individually tailoring food packages.
18 State agencies must authorize fresh and one other form of processed (i.e., canned (shelf-stable), frozen, and/or dried) fruits and vegetables. State agencies may
choose to authorize additional or all processed forms of fruits and vegetables. The CVV may be redeemed for any eligible fruit and vegetable (refer to table 4 to paragraph (e)(12) of this section and its footnotes). Except as authorized in paragraph (b)(1)(i) of this section, State agencies may not selectively choose which fruits and
vegetables are available to participants. For example, if a State agency chooses to offer dried fruits, it must authorize all WIC-eligible dried fruits.
19 The monthly value of the fruit/vegetable CVV will be adjusted annually for inflation using fiscal year 2022 as the base year as described in § 246.16(j).
20 Whole wheat or whole grain bread must be authorized. State agencies have the option to also authorize other whole grain options as described in table 4 to
paragraph (e)(12) of this section and its footnotes.
21 Issuance of smaller container sizes is encouraged to reduce the likelihood of exceeding a safe weekly consumption level of methylmercury. The U.S. Food and
Drug Administration (FDA) and the U.S. Environmental Protection Agency (EPA) provide joint advice regarding fish consumption to limit methylmercury exposure for
children. As noted in their 2021 joint advice, depending on body weight, some women and some children should choose fish lowest in methylmercury or eat less fish
than the amounts in the 2020–2025 Dietary Guidelines for Americans (DGA) Healthy US-Style Dietary Pattern. More information is available on the FDA and EPA
websites at FDA.gov/fishadviceandEPA.gov/fishadvice.
22 As noted in the 2021 FDA–EPA joint advice about eating fish, for some children, depending on age and caloric needs, the amounts of fish in the 2020–2025
DGA are higher than in the FDA–EPA advice. The DGA states that to consume these higher amounts, these children should consume only fish from the ‘‘Best
Choices’’ list that are even lower in mercury—among the WIC-eligible varieties, this includes Atlantic mackerel, salmon, and sardines.
23 State agencies are required to offer both mature dry (1 pound) and canned (64 ounces) legumes. Food Packages V and VII must provide both legumes and peanut butter. However, when individually tailoring these food packages, State agencies may issue the following combinations: 1 pound dry and 64 oz. canned legumes
(and no peanut butter); 2 pounds dry or 128 oz. canned legumes (and no peanut butter); or 36 oz. peanut butter (and no legumes). State agencies also have the option to authorize other nut and seed butters as a substitute for peanut butter (on a 1:1 ounce substitution ratio), as described in table 4 to paragraph (e)(12) of this
section and its footnotes, when individually tailoring food packages.

(11) Maximum monthly allowances of
supplemental foods for children and
women with qualifying conditions in
Food Package III. The maximum

monthly allowances, options, and
substitution rates of supplemental foods
for participants with qualifying
conditions in Food Package III are stated

in table 3 to this paragraph (e)(11) as
follows:

TABLE 3 TO PARAGRAPH (e)(11)—FOOD PACKAGE III: MAXIMUM MONTHLY ALLOWANCES (MMA) OF SUPPLEMENTAL
FOODS FOR CHILDREN AND WOMEN WITH QUALIFYING CONDITIONS
Children
Foods 1

Juice, single strength 6 7 ..........
WIC formula 8 9 ........................
Milk, fluid 10 11 12 13 14 15 16 17 ....

ddrumheller on DSK120RN23PROD with RULES4

Breakfast cereal 18 19 ...............
Eggs 20 .....................................
Fruits and vegetables 21 22 23 ...

Women

A: 12 through 23 months
B: 2 through 4 years
64 fl oz .....................................
Up to 455 fl oz liquid concentrate.
A: 12 qt. 10 11 13 14 16. ................
B: 14 qt.10 12 13 14 15 16 .............
36 oz ........................................
1 dozen ....................................
$24.00 CVV .............................

Whole wheat or whole grain
bread 24.
Fish (canned) 25 26 ...................

24 oz ........................................

Mature Legumes ......................
and/or .......................................
Peanut butter 27 .......................

1 lb dry or 64 oz canned .........
Or .............................................
18 oz ........................................

6 oz ..........................................

A: Pregnant
B: Partially (Mostly)
Breastfeeding (up to 1 year
postpartum) 2

Postpartum
(up to 6 months postpartum) 3

64 fl oz .....................................
Up to 455 fl oz liquid concentrate.
16 qt. 10 12 13 14 15 17 .................

64 fl oz .....................................
Up to 455 fl oz liquid concentrate.
16 qt. 10 12 13 14 15 17 .................

64 fl oz.
Up to 455 fl oz liquid concentrate.
16 qt. 10 12 13 14 15 17

36 oz ........................................
1 dozen ....................................
A: $43.00 CVV. ........................
B: $47.00 CVV .........................
48 oz ........................................

36 oz ........................................
1 dozen ....................................
$43.00 CVV .............................

36 oz.
2 dozen.
47.00 CVV.

48 oz ........................................

48 oz.

10 oz ........................................

20 oz.

1 lb dry or 64 oz canned .........
Or .............................................
18 oz ........................................

1 lb dry or 64 oz canned
And
18 oz.

A: 10 oz. ..................................
B: 15 oz ...................................
1 lb dry or 64 oz canned .........
And ...........................................
18 oz ........................................

Fully Breastfeeding
(up to 1 year postpartum) 4 5

Note: Abbreviations in order of appearance in table: N/A = Not applicable (the supplemental food is not authorized in the corresponding food package); CVV =
cash-value voucher.
1 Table 4 to paragraph (e)(12) of this section describes the minimum requirements and specifications for supplemental foods. Food Package III is issued to participants with qualifying medical conditions that require use of a WIC formula and supplementary foods under the direction of a health care provider. Per paragraph
(b)(2)(ii)(A) of this section, State agencies must make the full MMA of all foods available to participants by providing at least one package size (or combination of
sizes) that add up to the full MMA. However, per paragraph (b)(1)(iii) of this section, State agencies may authorize other package sizes (excluding WIC formula) to increase participant variety and choice. The competent professional authority (CPA) is authorized to determine nutritional risk and prescribe supplemental foods per
medical documentation, as established by State agency policy.
2 Food Package III–A for women is issued to participants with singleton pregnancies. Food Package III–B for women is issued to two categories of participants:
women pregnant with two or more fetuses and breastfeeding women whose partially (mostly) breastfed infants receive formula from WIC in amounts that do not exceed the maximum formula allowances, as appropriate for the age of the infant as described in table 1 to paragraph (e)(9) of this section.
3 This food package is issued to two categories of WIC participants: non-breastfeeding postpartum women and breastfeeding postpartum women whose infants receive more than the maximum infant formula allowances from WIC for partially (mostly) breastfed infants, as appropriate for the age of the infant as described in table
1 to paragraph (e)(9) of this section.
4 This food package is issued to three categories of WIC participants: fully breastfeeding women whose infants do not receive formula from WIC; women partially
(mostly) breastfeeding multiple infants from the same pregnancy; and pregnant women who are also fully or partially (mostly) breastfeeding singleton infants.
5 Women fully breastfeeding multiple infants from the same pregnancy are prescribed 1.5 times the MMA.
6 Combinations of single-strength and concentrated juices may be issued provided that the total volume does not exceed the MMA for single-strength juice.

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7 As determined appropriate by the health care provider per medical documentation, children and women may choose to substitute a $3 CVV for the full juice
amount (64 fluid ounces)—a partial CVV substitution for juice is not authorized—or use their $3 CVV for jarred infant food fruits and vegetables. State agencies must
use the conversion of $1 CVV = 6.25 ounces of jarred infant food fruits and vegetables. The monthly value of the CVV substitution amount for juice will be adjusted
annually for inflation consistent with the inflation adjustments made to women and children’s CVV values.
8 WIC formula means infant formula, exempt infant formula, or WIC-eligible nutritionals. Participants may receive up to 455 fluid ounces of a WIC formula (liquid
concentrate) as determined appropriate by the health care provider per medical documentation. The number of fluid ounces refers to the amount as prepared according to directions on the container.
9 Powder and ready-to-feed may be substituted at rates that provide comparable nutritive value.
10 Regular and lactose-free milk must be authorized. ‘‘Regular milk’’ refers to milk that conforms to FDA standard of identity 21 CFR 131.110 and contains lactose
exclusive of fat content (e.g., low-fat milk). State agencies have the option to authorize plant-based milk alternatives, yogurts, and cheeses, described in table 4 of
paragraph (e)(12) of this section and its footnotes, as determined appropriate by the health care provider per medical documentation.
11 Whole milk is the standard milk for issuance to 1-year-old children (12 through 23 months). Whole fat or low-fat yogurts may be substituted for fluid milk for 1year-old children, and both are standard issuance when substituting yogurt. Fat-reduced milks or nonfat yogurt may be issued to 1-year-old children as determined
appropriate by the health care provider per medical documentation.
12 Low-fat (1%) or nonfat milks are the standard milk for issuance to children ≥24 months of age and women. Whole milk or reduced-fat (2%) milk may be substituted for low-fat (1%) or nonfat milk for children ≥24 months of age and women as determined appropriate by the health care provider per medical documentation.
13 Evaporated milk may be substituted at the rate of 16 fluid ounces of evaporated milk per 32 fluid ounces of fluid milk (a 1:2 fluid ounce substitution ratio). Dry
milk may be substituted at an equal reconstituted rate to fluid milk.
14 For children and women, 1 pound of cheese (dairy- and/or plant-based) may be substituted for 3 quarts of milk and 1 quart of yogurt (dairy- and/or plant-based)
may be substituted for 1 quart of milk as determined appropriate by the health care provider per medical documentation. A maximum of 2 quarts of yogurt that may
be substituted for 2 quarts of milk for both children and women. Fully breastfeeding women may substitute up to 2 pounds of cheese for 6 quarts of milk. Children
and pregnant, partially breastfeeding, and postpartum women may substitute no more than 1 pound of cheese. State agencies do not have the option to issue additional amounts of cheese or yogurt beyond these maximums even with medical documentation.
15 For children ≥24 months of age and women, low-fat or nonfat yogurts are the only types of yogurts authorized. Whole or reduced-fat yogurt may be substituted
for low-fat or nonfat yogurt for children ≥24 months of age and women as determined appropriate by the health care provider per medical documentation.
16 For children, issuance of tofu and plant-based milk alternatives may be substituted for milk as determined appropriate by the health care provider per medical
documentation. Plant-based milk alternatives may be substituted for milk for children on a quart for quart basis up to the total MMA of milk. Tofu may be substituted
for milk for children at the rate of 1 pound of tofu per 1 quart of milk up to the MMA of milk, as determined appropriate by the health care provider per medical documentation.
17 For women, plant-based milk alternatives may be substituted for milk on a quart for quart basis up to the total MMA of milk. Tofu may be substituted for milk at
the rate of 1 pound of tofu per 1 quart of milk up to the MMA of milk, as determined appropriate by the health care provider per medical documentation.
18 32 dry ounces of infant cereal may be substituted for 36 ounces of breakfast cereal as determined appropriate by the health care provider per medical documentation.
19 At least 75 percent of cereals authorized on a State agency’s authorized food list must meet whole grain criteria for breakfast cereal (refer to table 4 to paragraph
(e)(12) of this section and its footnotes).
20 State agencies must authorize substitution of dry legume (1 pound), canned legumes (64 ounces), and peanut butter (18 ounces) for each 1 dozen eggs and, at
State agency option, State agencies may authorize tofu (1 pound) or nut and seed butters (18 ounces) to substitute for each 1 dozen eggs as determined appropriate
by the health care provider per medical documentation.
21 State agencies must authorize fresh and one other form (i.e., canned (shelf-stable), frozen, and/or dried) of fruits and vegetables. State agencies may choose to
authorize additional or all processed forms of fruits and vegetables. The CVV may be redeemed for any eligible fruit and vegetable (refer to table 4 to paragraph
(e)(12) of this section and its footnotes). Except as authorized in paragraph (b)(1)(i) of this section, State agencies may not selectively choose which fruits and vegetables are available to participants. For example, if a State agency chooses to offer dried fruits, it must authorize all WIC-eligible dried fruits.
22 Children and women whose special dietary needs require the use of pureed foods may receive commercial jarred infant food fruits and vegetables in lieu of the
CVV. For children and women who require jarred infant food fruits and vegetables in place of the CVV, State agencies must use the conversion of $1 CVV = 6.25
ounces of jarred infant food fruits and vegetables. Infant food fruits and vegetables may be substituted for the CVV as determined appropriate by the health care provider per medical documentation.
23 The monthly value of the fruit/vegetable CVV will be adjusted annually for inflation as described in § 246.16(j).
24 Whole wheat or whole grain bread must be authorized. State agencies have the option to also authorize other whole grain options as described in table 4 to
paragraph (e)(12) of this section and its footnotes.
25 Issuance of smaller container sizes is encouraged to reduce the likelihood of exceeding a safe weekly consumption level of methylmercury. The U.S. Food and
Drug Administration (FDA) and the U.S. Environmental Protection Agency (EPA) provide joint advice regarding fish consumption to limit methylmercury exposure for
children. As noted in their 2021 joint advice, depending on body weight, some women and some children should choose fish lowest in methylmercury or eat less fish
than the amounts in the 2020–2025 DGA Healthy US-Style Dietary Pattern. More information is available on the FDA and EPA websites at FDA.gov/
fishadviceandEPA.gov/fishadvice.
26 As noted in the 2021 FDA–EPA joint advice about eating fish, for some children, depending on age and caloric needs, the amounts of fish in the 2020–2025
DGA are higher than in the FDA–EPA advice. The DGA states that to consume these higher amounts, these children should consume only fish from the ‘‘Best
Choices’’ list that are even lower in mercury—among the WIC-eligible varieties, these include Atlantic mackerel, salmon, and sardines.
27 State agencies are required to offer both mature dry (1 pound) and canned (64 ounces) legumes. For food packages that provide both legumes and peanut butter, State agencies may issue the following combinations: 1 pound dry and 64 oz. canned legumes (and no peanut butter); 2 pounds dry or 128 oz. canned legumes
(and no peanut butter); or 36 oz. peanut butter (and no legumes). State agencies have the option to authorize other nut and seed butters as a substitute for peanut
butter (on a 1:1 ounce substitution ratio), as described in table 4 of paragraph (e)(12) of this section and its footnotes, as determined appropriate by the health care
provider per medical documentation.

(12) Minimum requirements and
specifications for supplemental foods.

Table 4 to this paragraph (e)(12)
describes the minimum requirements

and specifications for supplemental
foods in all food packages:

TABLE 4 TO PARAGRAPH (e)(12)—MINIMUM REQUIREMENTS AND SPECIFICATIONS FOR SUPPLEMENTAL FOODS
Categories/foods
WIC Formula:
Infant Formula ..........................

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Exempt Infant Formula .............

WIC-eligible Nutritionals 1 .........

Minimum requirements and specifications

All authorized infant formulas must:
(1) Meet the definition for an infant formula in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z))
and meet the requirements for an infant formula under section 412 of the Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C. 350a), and the regulations at 21 CFR parts 106 and 107;
(2) Be designed for enteral digestion via an oral or tube feeding;
(3) Provide at least 10 mg iron per liter (at least 1.5 mg iron/100 kilocalories) at standard dilution;
(4) Provide at least 67 kilocalories per 100 milliliters (approximately 20 kilocalories per fluid ounce) at standard dilution; and
(5) Not require the addition of any ingredients other than water prior to being served in a liquid state.
All authorized exempt infant formula must:
(1) Meet the definition and requirements for an exempt infant formula under section 412(h) of the Federal Food, Drug, and
Cosmetic Act, as amended (21 U.S.C. 350a(h)), and the regulations at 21 CFR parts 106 and 107; and
(2) Be designed for enteral digestion via an oral or tube feeding.
Certain enteral products that are specifically formulated and commercially manufactured (as opposed to a naturally occurring
foodstuff used in its natural state) to provide nutritional support for individuals with a qualifying condition, when the use of
conventional foods is precluded, restricted, or inadequate. Such WIC-eligible nutritionals must serve the purpose of a food,
meal, or diet (may be nutritionally complete or incomplete) and provide a source of calories and one or more nutrients; be
designed for enteral digestion via an oral or tube feeding; and may not be a conventional food, drug, flavoring, or enzyme.

Milk, Milk Alternatives, and Milk
Substitutions:

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TABLE 4 TO PARAGRAPH (e)(12)—MINIMUM REQUIREMENTS AND SPECIFICATIONS FOR SUPPLEMENTAL FOODS—
Continued
Categories/foods
Cow’s Milk 2 ..............................

Goat’s Milk ................................

Plant-based Milk Alternatives ...

Cheese .....................................

Plant-based Cheese Alternatives.
Yogurt (cow’s milk) ...................

Plant-based Yogurt Alternatives

Tofu ..........................................
Juice ................................................

Eggs .................................................

Breakfast Cereal (Ready-to-eat and
instant and regular hot cereals).
Fruits and vegetables (fresh and
processed) 3 4 5 6 7.

Whole Wheat Bread, Whole Grain
Bread, and Whole Grain Options:
Bread ........................................

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Whole Grain Options ................

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Minimum requirements and specifications
Must conform to FDA Standard of Identity for whole, reduced-fat, low-fat, or nonfat milks (21 CFR 131.110). Must be pasteurized. Only unflavored milk is permitted. May be fluid, shelf-stable, evaporated (21 CFR 131.130), or dry.
Dry whole milk must conform to FDA Standard of Identity (21 CFR 131.147). Nonfat dry milk must conform to FDA Standard of
Identity (21 CFR 131.127).
Cultured milks must conform to FDA Standard of Identity for cultured milk, e.g., cultured buttermilk, kefir cultured milk, acidophilus cultured milk (21 CFR 131.112).
Acidified milk must conform to FDA Standard of Identity for acidified milk, e.g., acidified kefir milk, acidified acidophilus milk or
acidified buttermilk (21 CFR 131.111).
Whole, reduced-fat, low-fat, and nonfat cow’s milk types and varieties must contain at least 400 IU of vitamin D per quart (100
IU per cup) and 2,000 IU of vitamin A per quart (500 IU per cup).
Must be pasteurized. Only unflavored milk is permitted. May be fluid, shelf-stable, evaporated, or dry (i.e., powdered).
Whole, reduced-fat, low-fat, and nonfat goat’s milk must contain at least 400 IU of vitamin D per quart (100 IU per cup) and
2,000 IU of vitamin A per quart (500 IU per cup).
Must contain ≤10 g of added sugars per cup and be fortified to meet the following nutrient levels (amounts are provided per
cup): 276 mg calcium, 8 g protein, 500 international units vitamin A, 100 IU (2.5 micrograms) vitamin D, 24 mg magnesium,
222 mg phosphorus, 349 mg potassium, 0.44 mg riboflavin, and 1.1 mcg vitamin B12, in accordance with FDA-issued fortification guidelines. May be flavored or unflavored.
Domestic cheese made from 100 percent pasteurized milk. Must conform to FDA Standard of Identity (21 CFR part 133); Monterey Jack, Colby, natural Cheddar, Swiss, Brick, Muenster, Provolone, part-skim or whole Mozzarella, pasteurized process
American, or blends of any of these cheeses are authorized.
Cheeses that are labeled low, free, reduced, less or light in sodium, fat or cholesterol are WIC-eligible.
Must contain a minimum of 250 mg of calcium and 6.5 g of protein per 1.5 ounces. Plant-based curd cheeses are not authorized.
Must be pasteurized, conform to FDA Standard of Identity (21 CFR 131.200) and contain ≤16 grams of added sugar and a
minimum of 106 IU (2.67 micrograms) of vitamin D per 8 ounces. May be plain or flavored. Yogurts that are fortified with vitamin A and other nutrients may be allowed at the State agency’s option. Yogurts sold with accompanying mix-in ingredients
such as granola, candy pieces, honey, nuts, and similar ingredients are not authorized. Drinkable yogurts are not authorized.
Must contain ≤16 g of added sugars and a minimum of 250 mg of calcium, 6.5 g of protein, and 106 IU (2.67 micrograms) of
vitamin D per 8 ounces. May be plain or flavored.
Plant-based yogurts sold with accompanying mix-in ingredients such as granola, candy pieces, honey, nuts, and similar ingredients are not authorized. Drinkable yogurts are not authorized.
Must contain a minimum of 100 mg of calcium per 100 g of tofu. May not contain added fats, sugars, oils, or sodium.
Must be pasteurized 100 percent unsweetened fruit juice. Must contain at least 30 mg of vitamin C per 100 mL of juice. Must
conform to FDA Standard of Identity as appropriate (21 CFR part 146) or vegetable juice must conform to FDA Standard of
Identity as appropriate (21 CFR part 156). Except for 100 percent citrus juices, State agencies must verify the vitamin C content of all State-approved juices. Juices that are fortified with other nutrients may be allowed at the State agency’s option.
Juice may be fresh, from concentrate, frozen, canned, or shelf stable. Blends of authorized juices are allowed.
Vegetable juice may be regular or lower in sodium.
Fresh shell domestic hens’ eggs or dried eggs mix (must conform to FDA Standard of Identity in 21 CFR 160.105) or pasteurized liquid whole eggs (must conform to FDA Standard of Identity in 21 CFR 160.115).
Hard boiled eggs, where readily available for purchase in small quantities, may be provided for homeless participants.
Must contain a minimum of 28 mg iron per 100 g dry cereal.
Must contain ≤21.2 g of added sugar per 100 g dry cereal (≤6 g per dry oz.)
Seventy five percent of cereals on the State agency authorized food list must contain whole grain as the first ingredient.
Any variety of fresh (as defined by 21 CFR 101.95) whole or cut fruit without added sugars.
Any variety of fresh (as defined by 21 CFR 101.95) whole or cut vegetable without added sugars, fats, or oils.
Any variety of canned fruits (must conform to FDA standard of identity as appropriate (21 CFR part 145)); including applesauce, juice pack or water pack without added sugars, fats, oils, or salt (i.e., sodium). The fruit must be listed as the first ingredient.
Any variety of frozen fruits without added sugars, fats, oils, or salt (i.e., sodium).
Any variety of canned or frozen vegetables without added sugars, fats, or oils. Vegetable must be listed as the first ingredient.
May be regular or lower in sodium. Must conform to FDA standard of identity as appropriate (21 CFR part 155).
Any type of dried fruits or dried vegetables without added sugars, fats, oils, or salt (i.e., sodium).
Any type of immature beans, peas, or lentils, fresh or in canned 4 forms.
Any type of frozen beans (immature or mature). Beans purchased with the CVV may contain added vegetables and fruits, but
may not contain added sugars, fats, oils, or meat as purchased. Canned beans, peas, or lentils may be regular or lower in
sodium content.
State agencies must allow organic forms of WIC-eligible fruits and vegetables.

Whole wheat bread must conform to FDA Standard of Identity (21 CFR 136.180). (Includes whole wheat buns and rolls.)
‘‘Whole wheat flour’’ and/or ‘‘bromated whole wheat flour’’ must be the only flours listed in the ingredient list.
OR
Whole grain bread must conform to FDA Standard of Identity (21 CFR 136.110) (includes whole grain buns and rolls)
AND
Must contain at least 50 percent whole grains with the remaining grains being either enriched or whole grains.8
Brown rice, wild rice, quinoa, bulgur (cracked wheat), oats, whole-grain barley, millet, triticale, amaranth, cornmeal (including
blue), corn masa flour, whole wheat macaroni (pasta) products, whole wheat bread products (i.e., pita, English muffin, bagels, naan), soft corn or whole wheat tortillas, buckwheat, teff, kamut, sorghum, wheat berries without added sugars, fats,
oils, or salt (i.e., sodium). May be instant-, quick-, or regular-cooking.
State agencies have the option to authorize other intact whole grain options without added sugars, fats, oils, or salt (i.e., sodium).
Corn meal (including blue) must conform to FDA Standard of Identity 21 CFR 137.260 & aligning with USDA School Meal
Guidance.
Soft corn or whole wheat tortillas. Soft corn tortillas made from ground masa flour (corn flour) using traditional processing methods are WIC-eligible, e.g., whole corn, corn (masa), whole ground corn, corn masa flour, masa harina, and white corn flour.
For whole wheat tortillas, ‘‘whole wheat flour’’ must be the only flour listed in the ingredient list. States may offer tortillas
made with folic acid-fortified corn masa flour.

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TABLE 4 TO PARAGRAPH (e)(12)—MINIMUM REQUIREMENTS AND SPECIFICATIONS FOR SUPPLEMENTAL FOODS—
Continued
Categories/foods

Fish (canned) 4 ................................

Mature Legumes, Peanut Butter,
and Peanut Butter Substitutions:
Mature Legumes (dry beans
and peas) 10.

Peanut Butter ...........................

Nut and Seed Butters ......................

Infant Foods:
Infant Cereal .............................
Infant Fruits ..............................
Infant Vegetables .....................
Infant Meat ...............................

Minimum requirements and specifications
Whole wheat macaroni (pasta) products. Must conform to FDA Standard of Identity (21 CFR 139.138) and have no added sugars, fats, oils, or salt (i.e., sodium). ‘‘Whole wheat flour’’ and/or ‘‘whole durum wheat flour’’ must be the only flours listed in
the ingredient list. Other shapes and sizes that otherwise meet the FDA Standard of Identity for whole wheat macaroni
(pasta) products (21 CFR 139.138), and have no added sugars, fats, oils, or salt (i.e., sodium), are also allowed (e.g., whole
wheat rotini, and whole wheat penne).
Light tuna (must conform to FDA Standard of Identity (21 CFR 161.190));
Salmon (Pacific salmon must conform to FDA standard of identity (21 CFR 161.170));
Sardines; and
Mackerel (N. Atlantic Scomber scombrus, Chub Pacific Scomber japonicas) 9
May be packed in water or oil. Pack may include bones or skin. Only boneless varieties of fish may be provided to children at
State agency option. Added sauces and flavorings, e.g., tomato sauce, mustard, lemon, are authorized at the State agency’s
option. May be regular or lower in sodium content.
Any type of mature dry beans, peas, or lentils in dry-packaged and canned 4 forms. Examples include but are not limited to
black beans, black-eyed peas, garbanzo beans (chickpeas), great northern beans, white beans (navy and pea beans), kidney beans, mature lima (‘‘butter beans’’), fava beans, mung beans, pinto beans, soybeans/edamame, split peas, lentils, and
refried beans. Does not include green beans or green peas. All categories exclude soups. May not contain added sugars,
fats, oils, vegetables, fruits, or meat as purchased. Canned legumes may be regular or lower in sodium content.11
Baked beans may only be provided for participants with limited cooking facilities.11
Peanut butter and reduced-fat peanut butter must conform to FDA Standard of Identity (21 CFR 164.150); creamy or chunky,
regular, or reduced-fat, salted or unsalted forms are allowed. Peanut butters with added marshmallows, honey, jelly, chocolate, or similar ingredients are not authorized.
Must provide comparable nutritive value to peanut butter (i.e., protein and iron).
May be creamy or chunky, regular, or reduced-fat, salted or unsalted forms are allowed. Nut and seed butter with added
marshmallows, honey, jelly, chocolate, or similar ingredients are not authorized.
Infant cereal must contain a minimum of 45 mg of iron per 100 g of dry cereal.12
Any variety of single ingredient commercial infant food fruit without added sugars, starches, or salt (i.e., sodium). Texture may
range from strained through diced. The fruit must be listed as the first ingredient.13
Any variety of single ingredient commercial infant food vegetables without added sugars, starches, or salt (i.e., sodium). Texture may range from strained through diced. The vegetable must be listed as the first ingredient.14
Any variety of commercial infant food meat or poultry as a single major ingredient, with added broth or gravy. Added sugars or
salt (i.e., sodium) are not allowed. Texture may range from pureed through diced.15

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Note: FDA = Food and Drug Administration of the U.S. Department of Health and Human Services. Foods must comply with labeling requirements consistent with
21 CFR parts 130 and 101.
1 The following are not considered a WIC-eligible nutritional: Formulas used solely for the purpose of enhancing nutrient intake, managing body weight, or addressing picky eaters or used for a condition other than a qualifying condition (e.g., vitamin pills, weight control products, etc.); medicines or drugs as defined by the Federal Food, Drug, and Cosmetic Act as amended; enzymes, herbs, or botanicals; oral rehydration fluids or electrolyte solutions; flavoring or thickening agents; and
feeding utensils or devices (e.g., feeding tubes, bags, pumps) designed to administer a WIC-eligible formula.
2 All authorized milks must conform to FDA Standards of Identity for milks as defined by 21 CFR part 131 and meet WIC’s requirements for vitamin fortification as
specified in table 4 to paragraph (e)(12) of this section. Additional authorized milks include, but are not limited to calcium-fortified, lactose-reduced, organic, and UHT
pasteurized milks. Other milks are permitted at the State agency’s discretion provided that the State agency determines that the milk meets the minimum requirements for authorized milk.
3 Processed refers to frozen, canned (see footnote 4 to this table 4), or dried.
4 Canned refers to processed food items in cans or other shelf-stable containers, e.g., jars, pouches.
5 Fresh herbs, cut at the root or with the root intact, are authorized. The following are not authorized: spices and dried herbs; seeds; potted plants with vegetables,
fruits or herbs; creamed vegetables or vegetables with added sauces; fresh fruits and/or vegetables packaged with dips, sauces, or glazes; mixed vegetables containing noodles, nuts, or sauce packets; vegetable-grain (e.g., pasta, rice) mixtures; fruit-nut mixtures; breaded vegetables; fruits and vegetables for purchase on
salad bars; peanuts or other nuts; ornamental and decorative fruits and vegetables such as chili peppers or garlic on a string, gourds, painted pumpkins, fruit baskets,
and decorative blossoms and flowers; and foods containing fruits such as blueberry muffins and other baked goods. Home-canned and home-preserved fruits and
vegetables are not authorized.
6 Excludes catsup or other condiments; pickled vegetables; olives; soups; juices; and fruit leathers and fruit roll-ups. Canned tomato sauce, tomato paste, salsa,
and spaghetti sauce without added sugar, fats, or oils are authorized.
7 State agencies have the option to allow only lower sodium canned vegetables for purchase with the cash-value voucher.
8 One of the following criteria must be met to confirm the product provides 50% or more whole grains: (1) product labeling contains the FDA health claim ‘‘Diet rich
in whole grain foods and other plant foods and low in total fat, saturated fat, and cholesterol may reduce the risk of heart disease and some cancers’’ OR ‘‘Diets rich
in whole grain foods and other plant foods, and low in saturated fat and cholesterol, may help reduce the risk of heart disease’’; (2) meets the ‘‘rule of three’’ criteria
(i.e., the first ingredient (or second after water) must be whole grain, and the next two grain ingredients (if any) must be whole grains, enriched grains, bran or germ;
(3) the manufacturer provides written documentation that the product contains 50% or more whole grains by weight.
9 King mackerel is not authorized.
10 Mature dry beans, peas, or lentils in dry-packaged and canned forms are authorized under the mature legume category. Immature varieties of fresh or canned
beans and frozen beans of any type (immature or mature) are authorized for purchase with the cash-value voucher only. Juices are provided as a separate WIC food
category and are not authorized under the fruit and vegetable category.
11 The following are not authorized in the mature legume category: soups; immature varieties of legumes, such as those used in canned green peas, green beans,
snap beans, yellow beans, and wax beans; baked beans with meat, e.g., beans and franks; beans containing added sugars (except for baked beans), fats, oils,
meats, fruits, or vegetables.
12 Infant cereals containing infant formula, milk, fruit, or other non-cereal ingredients are not allowed.
13 Mixtures with cereal or infant food desserts (e.g., peach cobbler) are not authorized; however, combinations of single ingredients (e.g., apple-banana) and combinations of single ingredients of fruits and/or vegetables (e.g., apples and squash) are allowed.
14 Combinations of single ingredients (e.g., peas and carrots) and combinations of single ingredients of fruits and/or vegetables (e.g., apples and squash) are allowed. Mixed vegetables with white potato as an ingredient (e.g., mixed vegetables) are authorized.
15 Infant food combinations (e.g., meat and vegetables) and dinners (e.g., spaghetti and meatballs) are not allowed.

(f) USDA purchase of commodity
foods. (1) At the request of a State
agency, FNS may purchase commodity
foods for the State agency using funds
allocated to the State agency. The
commodity foods purchased and made

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available to the State agency must be
equivalent to the foods specified in table
4 to paragraph (e)(12) of this section.
(2) The State agency must:
(i) Distribute the commodity foods to
its local agencies or participants; and

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(ii) Ensure satisfactory storage
facilities and conditions for the
commodity foods, including
documentation of proper insurance.
(g) Infant formula manufacturer
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manufacturers supplying formula to the
WIC Program must be registered with
the Secretary of Health and Human
Services under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et
seq.). Such manufacturers wishing to
bid for a State contract to supply infant
formula to the Program must certify
with the State health department that
their formulas comply with the Federal
Food, Drug, and Cosmetic Act and
regulations in this chapter issued
pursuant to the Act.
(h) Rounding up. State agencies may
round up to the next whole container
for either infant formula or infant foods
(infant cereal, fruits, vegetables, and
meat). State agencies that use the
rounding up option must calculate the
amount of infant formula or infant foods
provided according to the requirements
and methodology as described in this
section.
(1) Infant formula. State agencies
must use the maximum monthly
allowance of reconstituted fluid ounces
of liquid concentrate infant formula as
specified in table 1 to paragraph (e)(9)
of this section as the full nutritional
benefit (FNB) provided by infant
formula for each food package category
and infant feeding option (e.g., Food
Package IA fully formula fed, IA–FF (see
paragraph (e)(1) of this section)).
(i) For State agencies that use
rounding up of infant formula, the FNB
is determined over the timeframe (the
number of months) that the participant
receives the food package. In any given
month of the timeframe, the monthly
issuance of reconstituted fluid ounces of
infant formula may exceed the
maximum monthly allowance or fall
below the FNB; however, the
cumulative average over the timeframe
may not fall below the FNB without
individual tailoring to allow ‘‘up to’’
amounts to support breastfeeding. In
addition, the State agency must:
(A) Use the methodology described in
paragraph (h)(1)(ii) of this section for
calculating and dispersing the rounding
up option;
(B) Issue infant formula in whole
containers that are all the same size; and
(C) Disperse the number of whole
containers as evenly as possible over the
timeframe with the largest monthly
issuances given in the beginning of the
timeframe.
(ii) The methodology to calculate
rounding up and dispersing infant
formula to the next whole container
over the food package timeframe is as
follows:
(A) Multiply the FNB amount for the
appropriate food package and feeding
option (e.g., Food Package IA fully
formula fed, IA–FF (see paragraph (e)(1)

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of this section)) by the timeframe the
participant will receive the food
package to determine the total amount
of infant formula to be provided.
(B) Divide the total amount of infant
formula to be provided by the yield of
the container (in reconstituted fluid
ounces) issued by the State agency to
determine the total number of
containers to be issued during the
timeframe that the food package is
prescribed.
(C) If the number of containers to be
issued does not result in a whole
number of containers, the State agency
must round up to the next whole
container in order to issue whole
containers.
(2) Infant foods. (i) State agencies may
use the rounding up option to the next
whole container of infant food (infant
cereal, fruits, vegetables, and meat)
when the maximum monthly allowance
cannot be issued due to varying
container sizes of authorized infant
foods.
(ii) State agencies that use the
rounding up option for infant foods
must:
(A) Use the methodology described in
paragraph (h)(2)(iii) of this section for
calculating and dispersing the rounding
up option;
(B) Issue infant foods in whole
containers; and
(C) Disperse the number of whole
containers as evenly as possible over the
timeframe (the number of months the
participant will receive the food
package).
(iii) The methodology to round up
and disperse infant food is as follows:
(A) Multiply the maximum monthly
allowance for the infant food by the
timeframe the participant will receive
the food package to determine the total
amount of food to be provided.
(B) Divide the total amount of food
provided by the container size issued by
the State agency (e.g., ounces) to
determine the total number of food
containers to be issued during the
timeframe that the food package is
prescribed.
(C) If the number of containers to be
issued does not result in a whole
number of containers, the State agency
must round up to the next whole
container in order to issue whole
containers.
(i) Plans for cultural substitutions. (1)
The State agency may submit to FNS a
plan for substitution of food(s)
acceptable for use in the Program in
addition to the supplemental foods
outlined in (see paragraph (e)(12) of this
section) to allow for different cultural
eating patterns. The plan shall provide
the State agency’s justification,

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including a specific explanation of the
cultural eating pattern and other
information necessary for FNS to
evaluate the plan as specified in
paragraph (i)(2) of this section.
(2) FNS will evaluate a State agency’s
plan for substitution of foods for
different cultural eating patterns based
on the following criteria:
(i) Any proposed substitute food must
be nutritionally equivalent or superior
to the food it is intended to replace.
(ii) The proposed substitute food must
be widely available to participants in
the areas where the substitute is
intended to be used.
(iii) The cost of the substitute food
must be assessed and comparable to the
cost of the food it is intended to replace.
(3) FNS will make a determination on
the proposed plan based on the
evaluation criteria specified in
paragraph (i)(2) of this section, as
appropriate. The State agency shall
substitute foods only after receiving the
written approval of FNS.
■ 5. Amend § 246.11 by revising
paragraph (a)(1) to read as follows:
§ 246.11

Nutrition education.

(a) * * *
(1) Nutrition education including
breastfeeding promotion and support
shall be considered a benefit of the
Program and shall be made available at
no cost to the participant. Nutrition
education including breastfeeding
promotion and support, shall be
designed to be easily understood by
participants, and it shall bear a practical
relationship to participant nutritional
needs, household situations, and
cultural preferences including
information on how to select food for
themselves and their families as well as
the maximum monthly allowances of
authorized supplemental foods to which
they are entitled as a Program
participant.
*
*
*
*
*
■ 6. Amend § 246.12 by revising
paragraphs (g)(3)(i) and (u)(2)(i) to read
as follows:
§ 246.12

Food delivery methods.

*

*
*
*
*
(g) * * *
(3) * * *
(i) Minimum variety and quantity of
supplemental foods. The State agency
must establish minimum requirements
for the variety and quantity of
supplemental foods that a vendor
applicant must stock to be authorized.
These requirements include that the
vendor stock at least two different fruits,
three different vegetables, and at least
one whole grain cereal authorized by

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
the State agency. The State agency may
not authorize a vendor applicant unless
it determines that the vendor applicant
meets these minimums. The State
agency may establish different
minimums for different vendor peer
groups. The State agency may not
authorize a vendor applicant unless it
determines that the vendor applicant
obtains infant formula only from
sources included on the State agency’s
list described in paragraph (g)(11) of this
section.
*
*
*
*
*
(u) * * *
(2) * * *
(i) General. Except as provided in
paragraphs (u)(2)(ii) and (iii) of this
section, whenever the State agency
assesses a claim of $1,000 or more,
assesses a claim for dual participation,
or assess a second or subsequent claim
of any amount, the State agency must
disqualify the participant for one year.
*
*
*
*
*
■ 7. Amend § 246.16 by revising
paragraphs (j) introductory text and
(j)(1) through (4)
§ 246.16

Distribution of funds.

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*

*
*
*
*
(j) Inflation adjustment of the fruit
and vegetable voucher. The monthly
cash value of the fruit and vegetable
voucher shall be adjusted annually for
inflation. Adjustments are effective the
first day of each fiscal year beginning on
or after October 1 each year. The
inflation-adjusted value of the voucher
shall be equal to a base value increased
by a factor based on the Consumer Price
Index for All Urban Consumers (CPI–U)
for fresh fruits and vegetables, as
provided in this section.
(1) Adjustment year. The adjustment
year is the fiscal year that begins
October 1 of the current calendar year.
(2) Base value of the fruit and
vegetable voucher. The base year for
calculation of the value of the fruit and
vegetable voucher is fiscal year 2022.
The base value to be used equals:
(i) $24 for children;
(ii) $43 for pregnant and postpartum
women; and
(iii) $47 for breastfeeding (fully and
partially (mostly)) women.
(3) Adjusted value of the fruit and
vegetable voucher. The adjusted value of
the fruit and vegetable voucher is the
cash value of the voucher for adjustment
years beginning on or after October 1,
2022. The adjusted value is the base
value increased by an amount equal to
the base value of the fruit and vegetable
voucher:
(i) Multiplied by the inflation
adjustment described in paragraph (j)(4)
of this section; and

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(ii) Subject to rounding as described
in paragraph (j)(5) of this section.
(4) Inflation adjustment. The inflation
adjustment of the fruit and vegetable
voucher shall equal the percentage (if
any) by which the annual average value
of the Consumer Price Index for fresh
fruits and vegetables, computed from
monthly values published by the Bureau
of Labor Statistics, for the twelve
months ending on March 31 of the fiscal
year immediately prior to the
adjustment year, exceeds the average of
the monthly values of that index for the
twelve months ending on March 31,
2021.
*
*
*
*
*
Cynthia Long,
Administrator, Food and Nutrition Service.
Note: The following appendix will not
appear in the Code of Federal Regulations.

Appendix A—Regulatory Impact
Analysis
I. Statement of Need
Section 17 of the Child Nutrition Act of
1966 (Pub. L. 89–642) mandates that the
USDA conduct a comprehensive scientific
review of the WIC food packages at least
every ten years and revise the foods
available, as needed, to reflect nutritional
science, public health concerns, and cultural
eating patterns (42 U.S.C. 1786(f)(11). This
rule makes changes that are intended to
provide WIC participants with a wider
variety of foods that align with the latest
nutritional science; provide WIC State
agencies with greater flexibility to prescribe
food packages that accommodate
participants’ personal and cultural food
preferences and special dietary needs; and
address key nutritional needs to support
healthy dietary patterns. This rule provides
foods in amounts that are more consistent
with the supplemental nature of the Program;
encourages fruit and vegetable consumption;
and strengthens support for individual
breastfeeding goals of participants to help
establish successful long-term breastfeeding.
II. Background
Established in 1974, the mission of the
Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC) is to
safeguard the health of low-income pregnant,
postpartum, and breastfeeding individuals,
infants, and children ages 1 through 4 years
who are at nutritional risk by providing
nutritious foods to supplement diets,
nutrition education (to include breastfeeding
promotion and support), and referrals to
health and other social services. Participation
in WIC is associated with improved
pregnancy outcomes and lower infant
mortality, and also associated with improved
diet quality.29 In Federal fiscal year (FY)
29 Caulfield, L., Bennett, W., Gross, S., Hurley, K.,
Ogunwole, S., Venkataramani, M., Lerman, J.,
Zhang, A., Sharma, R., Bass, E. (2022). Maternal and
Child Outcomes Associated with the Special
Supplemental Nutrition Program for Women,

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28529

2023, WIC served an average of 6.58 million
infants, children, and pregnant,
breastfeeding, and postpartum individuals
per month.30
The monthly WIC food packages are
prescribed to (1) address the prevalence of
inadequate and excessive nutrient intakes for
each WIC participant category, (2) contribute
to an overall dietary pattern consistent with
the Dietary Guidelines for Americans (DGA),
and (3) deliver priority nutrients to
participants to meet their supplemental
nutrition needs. There are seven WIC food
packages available for the following
participant categories:
• Food Package I: Infants birth through 5
months (Fully Breastfed, Partially
Breastfed, and Fully Formula Fed)
• Food Package II: Infants ages 6 through 11
months (Fully Breastfed, Partially
Breastfed, and Fully Formula Fed)
• Food Package III: Medically Fragile
Women, Infants, and Children
• Food Package IV: Children ages 1 through
4 years
• Food Package V: Pregnant & Partially
Breastfeeding Women up to 1 year
postpartum
• Food Package VI: Postpartum Women
(minimally or non-breastfeeding) up to 6
months postpartum
• Food Package VII: Fully Breastfeeding
Women up to 1 year postpartum
On December 13, 2010, Congress passed
the Healthy, Hunger-Free Kids Act of 2010
(Pub. L. 111–296), amending section 17(f)(11)
of the Child Nutrition Act by mandating that
the USDA conduct a scientific review of the
WIC food packages at least every ten years.
In response to the mandate, in 2014, FNS
contracted with the National Academies of
Sciences, Engineering, and Medicine
(NASEM) to conduct a comprehensive review
of the current WIC food packages in relation
to the current nutritional science, dietary
guidance, and program administration
considerations. In 2017, NASEM published
its recommendations for WIC food package
revisions in the report: ‘‘Review of WIC Food
Packages: Improving Balance and Choice’’
(the ‘‘NASEM report’’).31 Section 17(f)(11) of
the Child Nutrition Act also requires that
WIC supplemental foods are amended as
necessary to reflect nutrition science, public
health concerns, and cultural eating patterns.
As such, the revisions in this rule largely
reflect the recommendations from the 2017
NASEM Report.
In its report, NASEM recommended
modifications to the current WIC food
Infants, and Children (WIC). Comparative
Effectiveness Review No. 253. Prepared by the
Johns Hopkins University Evidence-based Practice
Center under Contract No. 75Q80120D00003.)
AHRQ Publication No. 22–EHC019. Rockville, MD:
Agency for Healthcare Research and Quality. DOI:
https://doi.org/10.23970/AHRQEPCCER253.
30 U.S. Department of Agriculture Food and
Nutrition Service. WIC Data Tables, 2023. Available
online at: https://www.fns.usda.gov/pd/wicprogram.
31 National Academies of Sciences, Engineering,
and Medicine. ‘‘Review of WIC Food Packages:
Improving Balance and Choice: Final Report,’’ 2017.
Available online at: https://www.fns.usda.gov/wic/
review-wic-food-packages-improving-balance-andchoice.

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

packages to reduce foods provided in more
than supplemental amounts and increase
foods needed to improve intakes of priority
nutrients and food groups. NASEM scaled
back their recommendations for certain food
package items, such as the amount of the
CVV, in order to achieve cost neutrality.
However, NASEM provided clear alternative
nutrition-based recommendations for the
Department to consider if cost neutrality
were not the prevailing principle in
rulemaking. Since the goal of USDA is to
follow science-based recommendations that
improve health equity and advance nutrition
security (meaning consistent and equitable
access to healthy, safe, and affordable food
essential to optimal health and well-being),
the Department has accepted the alternative
recommendations for certain food items,
such as the higher CVV.
After NASEM released its 2017 report, on
December 29, 2020, the USDA and the
Department of Health and Human Services
released the Dietary Guidelines for
Americans (DGA), 2020–2025,32 which
provide science-based recommendations for
healthy dietary patterns by life stage and, for
the first time since the 1985 edition, specific
recommendations for infants and children up
to 2 years of age, as well as for those who
are pregnant and breastfeeding.33 The
revisions in this rule align the WIC food
packages with the 2020–2025 DGA and
largely reflect the recommendations in the
2017 NASEM Report while promoting
nutrition security and equity and considering
program administration.
In FY 2022, the Agriculture, Rural
Development, Food and Drug
Administration, and Related Agencies
Appropriations Act 2022 (Pub. L. 117–103)
directed USDA to temporarily increase the
WIC cash-value voucher (CVV), which
participants use to purchase fruits and
vegetables, to amounts consistent with
NASEM recommendations, adjusted for
inflation, through September 30, 2022. As a
result, the CVV was increased to the same

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32 Referred to hereafter as ‘‘2020–2025 DGA’’ or
‘‘DGA.’’
33 U.S. Department of Health and Human
Services/U.S. Department of Agriculture, ‘‘Dietary
Guidelines for Americans, 2020–2025.’’ Available
online at: https://www.dietaryguidelines.gov.

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amounts that are set in this rule, equal to $24
for child participants, $43 for pregnant and
postpartum participants, and $47 for fully
and partially breastfeeding participants in FY
2022. The Consolidated Appropriations Act
of 2023 (Pub. L. 117–328) included the same
CVV increase, setting CVV values at $25 for
child participants, $44 for pregnant and
postpartum participants, and $49 for fully
and partially breastfeeding participants
through September 30, 2023, after adjusting
for inflation. To date, these legislative
provisions have only increased the CVV on
a time-limited basis. This final rule would
make permanent the CVV increase initially
enacted in FY 2022, by revising the
regulations governing the WIC food packages.
Due to the temporary nature of the CVV
increases in FY 2022, FY 2023, and FY 2024,
the following analysis presents both the total
cost, in terms of increased Federal transfers,
for the rule as a whole (i.e., compared to
current regulations and with the cost of CVV
included) and also for the rule absent the
CVV cost impact (i.e., the cost of the rule
compared to the current WIC food packages
as enacted in FY 2022 through FY 2024).
On November 21, 2022, USDA published
the proposed rule, ‘‘Special Supplemental
Nutrition Program for Women, Infants, and
Children (WIC): Revisions in the WIC Food
Packages.’’ 34 Based on comments received
on the proposed rule, USDA revised this final
rule to improve Program access, participant
choice, equity, and operational and
administrative efficiency.
The revisions finalized in this rule align
the WIC food packages with the 2020–2025
DGA and largely reflect the recommendations
in the 2017 NASEM Report with
modifications the Department deemed
necessary for program administration
considerations. This final rule maintains the
supplemental nature of the WIC food package
while prioritizing changes that support
nutrition security.
34 USDA,

‘‘Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC):
Revisions in the WIC Food Packages,’’ RIN 0584–
AE82, 87 FR 71090, available online at https://
www.federalregister.gov/documents/2022/11/21/
2022-24705/special-supplemental-nutritionprogram-for-women-infants-and-children-wicrevisions-in-the-wic-food.

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In its 2017 report, NASEM included an
impact analysis of its recommended
revisions. The regulatory impact analysis
published with the proposed rule built on
NASEM’s analysis to update cost estimates
for the provisions outlined in the rule and
calculated new or revised estimates for
provisions that expand or modify those
recommended by NASEM to align with the
2020–2025 DGA and/or accommodate
program administration considerations.
This analysis of the final rule follows the
methodology of the proposed rule analysis,
using the most recent possible participation
data, inflation data, and price data, as well
as accounting for minor changes made
between the proposed and final rules that
affected the estimated cost (or savings) of the
rule. Updating these input data resulted in
changes in both the baseline cost estimate
and the cost of the final rule relative to the
estimates published with the proposed rule;
the revised estimates are presented below in
their entirety.
III. Public Comments on the Regulatory
Impact Analysis of the Proposed Rule
On November 21, 2022, the Department
published a proposed rule to revise the WIC
food packages (87 FR 71090). There were no
comments addressing the regulatory impact
analysis (RIA) or the validity of USDA’s cost
estimates of the proposed rule. The
Department received 15,028 comments
addressing the proposed increases to the CVV
and 20 comments addressing the CVV annual
inflation adjustment. Comments suggesting
alternative implementations of the CVV are
analyzed in the Alternatives section below.
Other comments relating to the provisions of
the rule are described in the preamble text
accompanying the rule, and the impacts of
those are described in the analysis that
follows.
IV. Summary of Provisions
Table 1 summarizes the revisions to
regulations governing the WIC food packages,
alongside current requirements as described
in Federal Regulations, absent the temporary
CVV increase enacted in FY 2022 (Pub. L.
117–103) and FY 2023 (Pub. L. 117–328).

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28531

Table 1: Current Food Package Requirements and Key Revisions under Rule

Cash-Value Voucher
Increase the value of the cash-value voucher
(CVV)
Revised amounts (beginning in FY 2024):
Children 1 through 4 years: $26
Pregnant:
$47
$4 7
Postpartum:
Partially BF:
$52
Fully BF:
$52

Current regulations (beginning in FY 2024):
Children 1 through 4 years:
$10
Pregnant:
$12
Postpartum:
$12
Partially BF:
$12
Fully BF:
$12

Expand what can be purchased with CVV
Permit CVV eligible items to include fresh
Current regulations do not permit CVV
herbs and permit larger sizes of packaged fresh purchases of fresh herbs and do not allow for
fruits and vegetables. Dried herbs and any
packaged fresh fruits and vegetables under the
term "party trays."
packaged fruits and vegetables with added
sugars, fats, or oils (including as dips, sauces,
or glazes) remain prohibited. This change also
codifies the eligibility of white potatoes into
regulations, but this does not represent a
program change as white potatoes are currently
eli ible under Pub. L. 113-235.
Canned Fish
Add canned fish for children 1 through 4
years and for pregnant, partially (mostly)
breastfeeding, and postpartum individuals;
reduce fish amounts for fully breastfeeding
individuals; and revise WIC-eligible
varieties

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Current amounts:
12 through 23 months:
none
2 through 4 years: none
Pregnant:
none
Postpartum:
none
Partially BF:
none
30 oz.
Full BF:

Revised amounts:
12 through 23 months:
6 oz.
2 through 4 years:
6 oz.
10 oz.
Pregnant:
10 oz.
Postpartum:
Partially BF: 15 oz.
Full BF:
20 oz.

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Infant Fruits and Vegetables
Reduce infant jarred fruit and vegetable
amounts for fully breastfed infants
Revised amounts:
Fully BF:
128 oz.
Partially BF:
128 oz.
Fully Formula-Fed:
128 oz.

Current amounts:
Fully BF:
Partially BF:
Fully Formula-Fed:

Expand allowable age range to substitute
CVV for infant fruits and vegetables and
increase substitution amounts*
Infants ages 6-11 months may receive a CVV
to purchase any form of fruits and vegetables
for half or all the jarred infant fruits and
vegetables.

Currently, only infants ages 9-11 months may
receive a CVV to purchase fresh fruits and
vegetables as a substitute for half of the jarred
infant fruits and vegetables.

Revised amounts and CVV value allowed:
Fully BF, Partially BF and Fully Formula-Fed:
$10 CVV and 64 oz., or $20 CVV and no
jarred infant fruits and vegetables.

256 oz.
128 oz.
128 oz.

Current amounts and CVV value allowed:
Fully BF: $9 CVV and 128 oz. jarred infant
fruits and vegetables. Partially BF and Fully
Formula-Fed: $4 CVV and 64 oz. jarred infant
fruits and ve etables.

Legumes and Eggs
Require both dry and canned legumes be
authorized
Require State agencies offer both dry and
canned legumes.

Current legume food category specifies "dry";
State agencies have the option to allow canned.

Add required and optional substitution
options for eggs
Require legumes and peanut butter be available Current regulations do not allow substitutions
to substitute for eggs if a participant has an egg for eggs.
allergy or is vegan. Give State agencies the
option to also allow tofu* as a substitution for
eggs.

Reduce infant meats amounts
Revised amounts:

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Add optional substitution options for peanut
butter
Current regulations do not allow for other nut
Allow State agencies the option to authorize
nut and seed butters as an alternative to peanut and seed butter substitutions for peanut butter.
butter when individually tailoring food
packages for children and women for nutrition
reasons (e.g., food allergy, underweight and
cultural food references.
Infant Meats

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

Fully BF:
Partially BF:
Fully Formula-Fed:

40 oz.
none
none

Fully BF:
Partially BF:
Fully Formula-Fed:

28533

77.5 oz.
none
none

Breakfast Cereal
Change whole grain criteria for breakfast
cereals and require 75 percent of approved
breakfast cereals to be whole grain
Require WIC-eligible whole grain breakfast
cereals to contain whole grain as the first
ingredient and require that 75 percent of all
cereals authorized by a State agency be whole
grain using this revised criteria.

Currently, WIC-eligible whole grain breakfast
cereals must have whole grain as the primary
ingredient by weight and meet the FDA
labeling requirements for making a health
claim as a "whole grain food with moderate fat
content" and at least 50 percent of cereals
authorized by a State agency must be whole
ram.

Infant Formula

Currently, partially breastfed infants may
receive up to 104 fl. oz.

Allow all prescribed infant formula
quantities to be considered "up to" amounts
The change to "up to" amounts emphasizes the
importance of assessing, by WIC staff, the
actual need for formula of the breastfeeding
mother-infant d ad
Cheese

Currently in regulations there are only
maximum monthly allowances and minimum
or "full nutrition benefit" amounts.

Remove cheese as a food category for fully
breastfeeding participants
Remove cheese as a food category for fully
breastfeeding participants. Retain cheese as a
partial milk substitution option for child,
pregnant, postpartum, and breastfeeding
artici ants.
Whole Wheat/Whole Grain Bread and
Other Whole Grain options

Currently, cheese is a food category for fully
breastfeeding participants (1 lb./month).
Cheese is also a partial milk substitution option
for child, pregnant, postpartum, and
breastfeedin artici ants.

Increase whole wheat/whole grain bread
and other whole grain option amounts for
pregnant, postpartum, and breastfeeding
participants, reduce amounts for child
participants, revise specifications for

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Increase infant formula amounts in the first
month for partially (mostly) breastfed
infants
Increase amount of formula in first month to
up to 364 fl. oz.

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package sizes, and change criteria for whole
grain bread.
Current amounts:
Children: 32 oz.
Pregnant, postpartum, and breastfeeding
individuals: 16 oz.

Revised amounts:
Children: 24 oz.
Pregnant, postpartum, and breastfeeding
individuals: 48 oz.
A State agency must provide package sizes
that equal or add up the full amount (24 oz. or
48 oz.) but may also allow package sizes that
do not.
Require whole grain bread contain at least 50
percent whole grains.

Expand whole grain options*
In addition to current options, also allow:
quinoa; wild rice; millet; triticale; amaranth;
kamut; sorghum; wheat berries; whole wheat:
pita, English muffins, bagels, naan; tortillas
made with folic acid-fortified com masa flour;
cornmeal meeting FDA SOI 21 CPR 137.260;
teff; and buckwheat.

A State agency must provide package size( s)
that equal or add up to exactly the full amount.

Currently, WIC regulations require whole
grain bread have a whole grain as the
primary ingredient by weight and meet the
FDA labeling requirements for making a health
claim as a "whole grain food with moderate fat
content."

Current whole grain options include brown
rice, bulgur, oats, whole-grain barley, and
whole wheat macaroni products without added
sugars, fats, oils, or salt, and soft com (made
from ground masa flour) or whole wheat
tortillas.

State agencies have the option to authorize
other intact whole grain options without added
su ars, fats, oils, or salt i.e., sodium .

Current amounts:
1 through 4 years:
16 qt.
Pregnant:
22 qt.
Partially BF: 22 qt.
Postpartum: 16 qt.
Fully BF:
24 qt.

Require authorization of lactose-free milk

Currently State agency option to authorize
lactose-free milk.

No longer allowing option for flavored milk
Onl ermit unflavored milk.

Currently State agency option to authorize
flavored milk.

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Reduce milk amounts for women and
children
Revised amounts:
12 through 23 months: 12 qt.
2 through 4 years:
14 qt.
Pregnant:
16 qt.
Partially BF: 16 qt.
Postpartum: 16 qt.
Fully BF:
16 qt.

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28535

Allow reduced-fat yogurt to be issued to
children 12 through 23 months of age without
the need for consultation with the participant's
health care provider.

Currently, low-fat or nonfat yogurt may be
issued (at State agency option) to children 12
through 23 months of age with consultation
with the child's health care provider, if
necessary, per State agency policy.

Require State agencies provide package sizes
that equal or add up the full amount (32 oz. or
64 oz.) but may also allow package sizes that
do not.

Currently, State agencies must provide
package size(s) that equal or add up to exactly
1 qt. (32 oz.).

Add additional milk substitution options*
and milk substitution specifications
Revised milk substitution specifications:
Yogurt:
• Reduce the added sugar limit for yogurt to
16 grams of added sugars per 8 ounce
servmg.
• Add vitamin D requirement of 106 IU (2.67
mcg) per 1 cup.
• Add plant-based yogurt option with the
criteria that it must contain less than 16
grams of added sugars per 8 ounce serving
and at least 250 mg of calcium, 6.5 grams
of protein, and 106 IU (2.67 mcg) vitamin
D per 8 ounce serving.
Tofu:
• Tofu must provide a minimum of 100 mg
of calcium per 100 grams of tofu.
Plant-based milk alternative:
• May not exceed 10 grams of added sugars
per 8 ounces serving.
Plant-based cheese:
• Add plant-based cheese option with the
criteria that it must contain at least 250 mg
of calcium and 6.5 grams of protein per
1.5-ounce servin .

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Current milk substitution specifications:
Yogurt:
• Total sugar limit for yogurt is ::;4-0 grams
per 1 cup.
• No vitamin D requirements.
• Only allow cow's milk yogurt.
Tofu:
• Must be calcium-set prepared with
calcium salts.
Soy-based beverage:
• No sugar limits for soy-based beverage.
Soy-based cheese:
• No soy-based cheese option.

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Increase amount of yogurt available to
substitute for milk, allow reduced-fat yogurt
for 1-year-old children without restrictions,
and revise specifications for package sizes*
Revised State agency option: up to 2 qt. (64
Current State agency option: 1 qt. (32 oz.)
oz.) yogurt may be substituted for 2 qt. milk
yogurt may be substituted for 1 qt. milk for
for child, pregnant, postpartum, and
child, pregnant, postpartum, and breastfeeding
breastfeeding participants.
participants.

28536

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

Infant Cereal
Reduce infant cereal amounts for all infants
Revised amounts:
16 oz.
Fully BF:
8 oz.
Partially BF:
Fully Formula-Fed:
8 oz.

Current amounts:
Fully BF:
Partially BF:
Fully Formula-Fed:

24 oz.
24 oz.
24 oz.

Juice
Reduce juice amounts for children and
pregnant, postpartum, and breastfeeding
individuals
Revised amounts:
Children 1 through 4 years: 64 fl. oz.
64 fl. oz.
Pregnant:
64 fl. oz.
Postpartum:
Partially BF:
64 fl. oz.
Fully BF:
64 fl. oz.

Current amounts:
Children 1 through 4 years: 128 fl. oz.
Pregnant:
144 fl. oz.
Postpartum:
96 fl. oz.
Partially BF:
144 fl. oz.
Fully BF:
144 fl. oz.

Allow $3 CVV juice substitution
Allow participants to substitute a $3 CVV for
64 fl. oz. of juice.

Currently no option for State agencies to
authorize substituting a CVV in place of juice.

Fruit and Vegetables Forms and Varieties
State agencies required to authorize an
additional form of fruits and vegetables
Require State agencies to authorize fresh and
at least one other form (frozen, canned, or
dried) of fruits and vegetables for children,
pregnant, postpartum and breastfeeding
individuals, and infants 6-11 months. Dried
will not be authorized for infants.

Under current minimum stocking
requirements, vendors must stock at least 2
different ve etables.

Notes:
BF = fully breastfeeding; CVV = Cash Value Voucher; IU = international units; mcg = micrograms; mg = milligrams;
lb. = pound; qt. = quarts; oz. = ounces
*Revision is a State agency option.

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Require vendors to stock at least 3 different
vegetables
Require vendors to stock at least 3 different
vegetables.

Currently, State agencies are only required to
authorize fresh fruits and fresh vegetables and
have the option to authorize other forms (e.g.,
canned, frozen, and/or dried).

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
V. Impacts
A. Summary of Impacts
The following analysis describes the
estimated impacts of the rule on the Federal
WIC spending, accounted for in terms of
Federal transfer payments projected between
FY 2025 and FY 2029, as well as the key
health and nutrition benefits for WIC
participants expected as a result of the
changes. An overview of the cost impacts on
Federal transfers and on State and local
administrative costs is followed by a detailed
description of impacts on Federal transfers
by food item and the concomitant participant

28537

of $617 million over five years between FY
2025 and FY 2029. These cost changes only
reflect changes in overall Federal transfers for
WIC food expenditures. In addition to the
change in food expenditures accounted for in
terms of Federal transfers, the Department
also estimates that WIC State agencies and
local agencies will incur an increase in
administrative burden of about $179 million
in additional labor costs associated with the
required State and local agency staff time
over five years between FY 2025 and FY
2029.

health benefits by food item. The analysis
concludes with an in-depth discussion of
impacts on State agency administrative
burden and costs, participation, and specific
food markets.
The Department estimates that the rule to
revise regulations governing the WIC food
packages will result in a net increase in
Federal WIC spending of $4.9 billion over
five years from FY 2025 through FY 2029,
which includes the CVV increase as enacted
in FY 2022, FY 2023, and FY 2024.
Excluding the CVV increases as currently
implemented, the provisions of this rule
result in a net decrease in Federal spending

TABLE 2a—SUMMARY OF TRANSFER AND COST IMPACTS OF THE FINAL RULE
Fiscal year
($ millions)
2025
Nominal Federal Transfer Payment Stream ....................
Nominal State Agency Cost Stream ................................

2026

$1,045.8
59.7

2027

$937.7
28.7

2028

$961.1
29.4

$996.1
30.1

2029

Total

$1,006.5
30.7

$4,947.2
178.6

2029

Total

Applying 3 percent and 7 percent discount
rates to these nominal streams gives present
values (in 2024 dollars): 35

TABLE 2b—DISCOUNTED TRANSFER AND COST STREAMS
Fiscal year
($ millions, 2024 dollars)
2025
Discounted Federal Transfer Payment Stream:
3 percent ...................................................................
7 percent ...................................................................
Discounted State Agency Cost Stream:
3 percent ...................................................................
7 percent ...................................................................

As required by OMB Circular A–4, the
Department has prepared an accounting
statement showing the annualized estimates

2026

2027

2028

$992.4
956.1

$845.8
785.1

$823.2
736.0

$810.3
698.1

$777.5
645.2

$4,249.2
3,820.5

56.6
54.6

25.9
24.0

25.2
22.5

24.4
21.1

23.7
19.7

155.9
141.9

of benefits and transfers associated with the
provisions of this rule, in Table 2c below.
Table 2c takes the discounted streams from

Table 2b and computes annualized values in
FY 2024 dollars.

TABLE 2c—ACCOUNTING STATEMENT
Benefits

Range

Year
dollar

Estimate

Discount
rate
(%)

Period
covered

Qualitative: Better alignment of the WIC food packages with the latest available science as described by NASEM, the DGA, and AAP, and increased choice and flexibility for WIC participants.
Program participants, farmers, food processors, food distributors, food retailers
Annualized Monetized ($millions/year) .........................................

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Transfers

n.a.
Range

n.a.
Estimate

n.a.
Year dollar

n.a.
Discount
rate
(%)

FY2025–2029
Period
covered

Quantitative: Net cost of proposed changes to the food packages.
Federal Government

35 Note that the discounted streams include both
a real 3 and 7 percent discount component, as well
as an additional 2.3–3 percent (depending on the

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year) discount component to undo the inflation
built into the nominal estimate streams, in order to

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calculate the costs in Table 2b in constant 2024
dollars.

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
TABLE 2c—ACCOUNTING STATEMENT—Continued
Benefits

Range

Annualized Monetized ($millions/year) .........................................
Costs

n.a.

$764.1
849.8

Range

Discount
rate
(%)

Year
dollar

Estimate

2024
2024

Estimate

Year dollar

Period
covered
7
3

Discount
rate
(%)

FY2025–2029
Period
covered

Quantitative: Net increase in State and local WIC agency administrative costs associated with increased State agency and local agency administrative burden required to implement the changes to the food packages.
State and Local WIC Agencies
Annualized Monetized ($millions/year) .........................................

WIC food expenditures are a function of
the number of participants receiving each
food package, the cost of WIC-eligible food
items, the quantity of WIC foods issued to
each participant, and the percentage of WIC
foods redeemed by participants (known as
the ‘‘redemption rate’’). These estimates are
summarized at the food category level in
Table 2d, where all changes under a given
food category (e.g., changes to quantity
issued, expanded substitution options, and
flexibility in package sizes) are collectively
considered for their impacts on quantities
redeemed and unit costs.
The Department is allowing for an
extended implementation window for most
of the provisions in this final rule; for the
purposes of these estimates, the Department
assumes that the CVV provision will be fully

n.a.

28.4
31.2

2024
2024

7
3

FY2025–2029

food expenditures by $5.6 billion over five
years when compared to current CVV levels
as outlined in 7 CFR 246.10. As explained
above, however, the CVV levels proposed in
this rule were recently enacted on a
temporary basis for FY 2022, FY 2023, and
FY 2024. As a result, when compared to the
FY 2022—FY 2024 enacted food packages,
the CVV increase made permanent in this
rule would not impact Federal WIC
expenditures. With the CVV impact zeroed
out of the overall cost estimate for the rule,
the remaining provisions are expected to
result in a net decrease in Federal WIC food
spending of $617 million over five years
when compared to the food packages as
enacted in FY 2023.

in effect in FY 2025 and that the other
provisions will be fully in effect beginning in
FY 2026. The exact implementation schedule
of the various provisions (except the CVV
increase) is somewhat left to the discretion of
the State agencies; it is possible that some
State agencies will implement some
provisions prior to FY 2026 while other State
agencies will not implement at least some
provisions until later in FY 2026 or FY 2027,
but the Department expects these
assumptions to provide an accurate estimate
of costs across the five-year estimation
period. All dollar amounts in all tables and
text are adjusted for annual inflation, except
for the values in Tables 2b and 2c above.
This increase in Federal WIC food
expenditures is driven by the increase in the
CVV, which is estimated to increase WIC

TABLE 2d—SUMMARY OF ESTIMATED FOOD COSTS AND SAVINGS OF RULE BY FOOD CATEGORY, FY 2025 THROUGH FY
2029

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Fiscal year
(millions)

Cash Value Voucher (CVV) .............................................
Fish ..................................................................................
Infant Fruits and Vegetables ............................................
Legumes ..........................................................................
Breakfast Cereal ..............................................................
Infant Meats .....................................................................
Whole Grains ...................................................................
Infant Formula a ................................................................
Cheese .............................................................................
Infant Cereal ....................................................................
Milk ...................................................................................
Juice .................................................................................
Interaction of Infant Formula Change Across Food
Packages a ....................................................................
Eggs .................................................................................
Fruit and Vegetables Forms and Varieties ......................
Total projected cost: compared to food packages in
current Federal Regulations (includes cost of
CVV) b ....................................................................

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5 Year
total

2025

2026

2027

2028

2029

$1,045.8
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

$1,076.4
52.1
28.3
3.8
¥2.1
¥3.8
¥5.2
1.5
¥8.7
¥23.7
¥28.1
¥152.7

$1,116.9
54.1
29.4
4.0
¥2.2
¥4.0
¥5.4
¥11.4
¥9.1
¥24.6
¥29.2
¥158.8

$1,155.3
55.4
30.1
4.1
¥2.3
¥4.1
¥5.6
¥11.7
¥9.3
¥25.2
¥29.9
¥162.4

$1,169.4
56.6
30.8
4.2
¥2.3
¥4.1
¥5.7
¥11.9
¥9.5
¥25.8
¥30.6
¥166.2

$5,563.8
218.2
118.5
16.1
¥9.0
¥16.0
¥21.9
¥33.5
¥36.6
¥99.3
¥117.7
¥640.1

0.0
(**)
(**)

0.0
(**)
(**)

1.5
(**)
(**)

1.7
(**)
(**)

1.7
(**)
(**)

4.8
(**)
(**)

1,045.8

937.7

961.1

996.1

1,006.5

4,947.2

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

28539

TABLE 2d—SUMMARY OF ESTIMATED FOOD COSTS AND SAVINGS OF RULE BY FOOD CATEGORY, FY 2025 THROUGH FY
2029—Continued
Fiscal year
(millions)
2025
Total projected cost: compared to food packages
with CVV increase as enacted in FY 2022, FY
2023 and FY 2024 (no cost impact of CVV) b ......

2026

0.0

2027

¥138.7

2028

¥155.8

¥159.2

2029

¥162.9

5 Year
total

¥616.5

Notes:
a The revisions to the amount of infant formula allowed in the partially (mostly) breastfed infant food package is estimated, by NASEM, to shift
5 percent of infant-mother dyads from fully formula fed to partially (mostly) breastfed food packages one year after implementation. The cost impact directly on infant formula spending is provided in the ‘‘Infant Formula’’ row. The overall cost impact of shifting infant-mother dyads into the
partially breastfeeding food package is displayed separately as the ‘‘Interaction of Infant Formula Change Across Food Packages.’’ This interaction estimate reflects the increase in costs related to shifting postpartum participants into the more expensive partially breastfeeding food package. More details are provided in the cost impacts section of this analysis.
b FY 2022, FY 2023, and FY 2024 appropriations bills authorized USDA to increase the CVV to a level consistent with NASEM recommendations, adjusted for inflation. The CVV values temporarily authorized and enacted for FY 2022, FY 2023, and FY 2024, are the same CVV values
codified in this final rule. This table provides overall cost estimates for the rule when comparing to the value of the permanent WIC food packages in the current Federal Regulations (i.e., cost of CVV included) as well as the cost estimates when comparing to the food packages as enacted in FY 2022, FY 2023, and FY 2024 (i.e., cost of CVV excluded).
** Provisions not estimated to have a meaningful impact on overall WIC food spending.
The overall change in total Federal
spending on WIC is summarized in Table 3.
The Department estimates the total five-year
Federal spending on WIC under the current
food packages to be $34.9 billion from FY

2025 through FY 2029; this estimate does not
include the cost of the temporary increase in
the CVV authorized in FY 2022, FY 2023,
and FY 2024 (see Table 4 for comparisons to
FY 2022 through FY 2024 enacted

expenditures). The additional food costs of
$4.9 billion estimated under this rule will
bring total Federal WIC spending, in terms of
Federal transfers, up to $39.9 billion in total
from FY 2025 through FY 2029.

TABLE 3—TOTAL PROJECTED FEDERAL WIC EXPENDITURES, FY 2025–2029
Fiscal year
(millions)
2025

2026

2027

2028

2029

Total

Total Food Expenditures ..................................................
Cost of Current Food Packages a .............................
Cost of CVV Increase as enacted in FY 2022, FY
2023, and FY 2024 b .............................................
Incremental Cost of Rule Other than CVV Increase c ............................................................
Total Nutrition Services & Administration Costs ..............

$4,985.8
3,940.1

$5,029.0
4,091.2

$5,233.2
4,272.1

$5,363.7
4,367.5

$5,460.4
4,453.9

$26,072.1
21,124.8

1,045.8

1,076.4

1,116.9

1,155.3

1,169.4

5,563.8

0.0
2,542.7

¥138.7
2,666.7

¥155.8
2,796.7

¥159.2
2,886.5

¥162.9
2,927.2

¥616.5
13,819.7

Total Federal Expenditures ......................................

7,528.5

7,695.6

8,029.9

8,250.2

8,387.6

39,891.7

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a Cost of current food packages reflects total annual cost attributable to spending on foods as currently described in 7 CFR 246.10—which, absent any legislative adjustments to the CVV, would set CVV levels at $10 for children and $12 for women in FY 2025.
b Cost of CVV increase reflects the added cost of the CVV increase in this rule, which is equal to the CVV increase temporarily enacted in FY
2022, FY 2023, and FY 2024.
c Incremental cost of the rule other than CVV increase reflects the net impact on Federal WIC expenditures of all other provisions in this rule
absent the CVV increase to demonstrate how the costs would differ from the food packages as enacted in FY 2022, FY 2023, and FY 2024.

In addition to the above increase in food
expenditures accounted for in terms of
Federal transfers, USDA also estimates that
WIC State agencies and local agencies will
incur an increase in administrative burden
associated with administering and explaining
the changes to participants (including
estimated burden for State and local agency
staff training). This additional administrative
burden is expected to account for about $179
million in additional labor costs associated
with the required State and local agency staff
time over five years between FY 2025 and FY
2029. These administrative costs are
considered allowable expenses for State
agencies under their annually awarded
Nutrition Services and Administration (NSA)
grants. In general, USDA expects that State
agencies will be able to absorb the costs

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associated with implementing the provisions
under this rule with current NSA funds.
The changes to the WIC food packages are
expected to improve dietary quality by
increasing intake of foods currently underconsumed by WIC participants, specifically
fruits and vegetables, whole grains, and
seafood.36 Increased consumption of these
foods is expected to increase intakes of key
nutrients, including dietary fiber, potassium,
36 Gleason, S., Hansen, D., & Wakar, B. (2021).
Indicators of diet quality, nutrition, and health for
Americans by program participation status, 2011–
2016: WIC report. Prepared by Insight Policy
Research, Contract No. GS–10F–0136X. Alexandria,
VA: U.S. Department of Agriculture, Food and
Nutrition Service, Office of Policy Support, Project
Officer: Michael Burke. https://www.fns.usda.gov/
wic/indicators-diet-quality-nutrition-and-healthamericans-program-participation-status-2011.

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vitamin D, vitamin A, vitamin C, folate, and
polyunsaturated fatty acids. Dietary fiber,
potassium, and vitamin D, considered
nutrients of public health concern in the
general U.S. population, are currently also
under-consumed by WIC participants 37 38
The changes are also expected to improve
dietary balance by reducing amounts of foods
that are currently provided in quantities that
exceed a moderate proportion of an
37 Ibid.
38 Borger, C., Zimmerman, T., Vericker, T., et al.
(2020). WIC Infant and Toddler Feeding Practices
Study 2: Fourth Year Report. Prepared by Westat,
Contract No. AG–3198–K–15–0033 and AG–3198–
K–15–0050. Alexandria, VA: U.S. Department of
Agriculture, Food and Nutrition Service, Office of
Policy Support, Project Officer: Courtney Paolicelli.
Available online at: www.fns.usda.gov/researchand-analysis.

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individual’s requirement for a nutrient or
recommended amount of a food group.
Although not quantified in this RIA,
improved nutrition has the potential to
improve infant, child, and maternal health
outcomes, thereby possibly decreasing
federal and societal health care spending and
improving long-term life outcomes for
participants.39
B. Baseline for Estimate of Program
Expenditures
The total projected baseline Federal cost of
WIC under the current food package for FY

with and without the CVV increase enacted
in FY 2022, FY 2023, and FY 2024.
WIC food costs are a function of the
number of participants receiving each food
package, the retail prices of WIC-eligible food
items, the quantity of WIC foods issued to
each participant, and the percentage of WIC
foods issued that are redeemed by
participants (known as the ‘‘redemption
rate’’). The following describes how each of
these factors are estimated for FYs 2025
through 2029 in this analysis.

2025 through 2029 is shown in Table 4
below. At the Federal level, WIC
expenditures are broadly split between grants
to State agencies to fund food benefits (‘‘food
costs’’) and Nutrition Service and
Administration (NSA) grants to fund all
approved non-food expenses (‘‘NSA costs’’).
As described later in this analysis, the
Department estimates that the changes under
this rule will result in a net increase to WIC
food costs but will not affect the NSA costs
of the Program. Table 4 provides the total
cost of the current WIC food packages both

TABLE 4—TOTAL PROJECTED BASELINE FEDERAL WIC EXPENDITURES, CURRENT FOOD PACKAGES
Fiscal year
(millions)
2025

2026

2027

2028

2029

Total

Total Food Expenditures ..................................................
Cost of Current Food Packages a .............................
Cost of CVV Increase as enacted in FY 2022, FY
2023, and FY 2024 b .......................................

$4,985.8
3,940.1

$5,167.7
4,091.2

$5,389.0
4,272.1

$5,522.9
4,367.5

$5,623.3
4,453.9

$26,688.6
21,124.8

1,045.8

1,076.4

1,116.9

1,155.3

1,169.4

5,563.8

Total Nutrition Services & Administration Costs ..............
Total Federal Expenditures ......................................

2,542.7
7,528.5

2,666.7
7,834.4

2,796.7
8,185.7

2,886.5
8,409.3

2,927.2
8,550.4

13,819.7
40,508.3

Note: Figures may not sum due to rounding.
a Cost of current food packages reflects total annual cost attributable to spending on foods as currently described in 7 CFR 246.10—which, absent any legislative adjustments to the CVV, would have set CVV levels at $10 for children and $12 for women in FY 2025.
b Cost of CVV increase reflects the added cost of the CVV increase proposed in this rule, which is equal to the CVV increase enacted in FY
2022, FY 2023, and FY 2024.
Participation
This analysis bases WIC participation
projections on the latest trends observed
through data available in November 2023.
After over a decade of gradual declines, WIC
participation increased slightly in FY 2022.
Increases in participation have accelerated
through FY 2023; average monthly WIC

participation grew to 6.57 million by the end
of FY 2023—a 5 percent increase over the
prior year. While it is difficult to attribute
this growth to any single factor, increased
birth rates, alongside recent investments in
outreach, modernization, and an improved,
higher valued food package, may all be
contributing to the rise in participation.40 41
Participation growth is expected to continue

over the next few years before generally
leveling off beginning in FY 2027 (see Table
5). Within each participant category, this
analysis uses data from the WIC Participant
and Program Characteristics 2018 Food
Packages and Costs Report (WIC PC 2018
Food Costs Report) to estimate the
distribution across specific WIC food
packages, shown in Table 5.42

TABLE 5—WIC PARTICIPATION ESTIMATES BY CATEGORY AND FOOD PACKAGE
[FY 2025—2029]
Fiscal year participants
Food package
2025

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Infants .......................................................................
FF 0–4 months ..................................................
FF 4–6 months ..................................................
BF/FF 0–1 months .............................................
BF/FF 1–4 months .............................................
BF/FF 4–6 months .............................................
BF 0–4 months ..................................................
39 See, for example, The U.S. Playbook to Address
Social Determinates of Health by the Domestic
Policy Council, Office of Science and Technology
Policy (November 2023, available online at https://
www.whitehouse.gov/wp-content/uploads/2023/11/
SDOH-Playbook-3.pdf), and ‘‘Review of Evidence
for Health-Related Social Needs Interventions’’ by
M. Tsega et al. (July 2019, available online at
https://www.commonwealthfund.org/sites/default/
files/2019-07/COMBINED_ROI_EVIDENCE_
REVIEW_7.15.19.pdf).
40 As described earlier in this analysis, Congress
authorized an increase in the Cash Value Benefit
through appropriations bills in FY 2022, FY 2023,
and FY 2024, which significantly increased the
value of the food package for many participants.

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...........................
I–FF–A ..............
I–FF–B ..............
I–BF/FF–A ........
I–BF/FF–B ........
I–BF/FF–C ........
I–BF–A .............

2026

1,555,711
236,529
167,751
8,388
72,133
45,293
63,745

1,580,980
240,371
170,476
8,524
73,305
46,028
64,781

Prior to this, under the American Rescue Plan Act
(ARPA) in FY 2021 (Pub. L. 117–2), the Department
received additional funding and direction to
modernize WIC and improve outreach.
41 A recent qualitative study published by the
American Academy of Pediatrics found that former
WIC participants who left the program early cited
insufficient fruit/vegetable benefits and inflexibility
of the food benefits (regarding allergens, cultural
appropriateness, and individual preference) as
reasons for their exit, suggesting that this rule could
help sustain the higher levels of participation in
WIC that has been recently observed. See Cristina
M. Gago, Jhordan O. Wynne, Maggie J. Moore,
Alejandra Cantu-Aldana, Kelsey Vercammen, Laura
Y. Zatz, Kelley May, Tina Andrade, Terri Mendoza,

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2027
1,606,659
244,275
173,245
8,662
74,495
46,776
65,833

2028
1,606,819
244,299
173,262
8,663
74,503
46,781
65,840

2029
1,606,980
244,324
173,279
8,664
74,510
46,785
65,846

Sarah L. Stone, Josiemer Mattei, Kirsten K. Davison,
Eric B. Rimm, Rachel Colchamiro, Erica L. Kenney;
Caregiver Perspectives on Underutilization of WIC:
A Qualitative Study. Pediatrics February 2022; 149
(2): e2021053889. 10.1542/peds.2021–053889.
42 U.S. Department of Agriculture, Food and
Nutrition Service, Office of Policy Support. Special
Supplemental Nutrition Program for Women,
Infants, and Children (WIC) Participant and
Program Characteristics 2018 Food Packages and
Costs Report, by Nicole Kline, Kevin Meyers
Mathieu, and Jeff Marr. Project Officer: Grant
Lovellette. Alexandria, VA., November 2020.
Available online at: https://www.fns.usda.gov/wic/
participant-program-characteristics-2018-foodpackages-costs-report.

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28541

TABLE 5—WIC PARTICIPATION ESTIMATES BY CATEGORY AND FOOD PACKAGE—Continued
[FY 2025—2029]
Fiscal year participants
Food package
2025

2026

2027

2028

2029

BF 4–6 months ..................................................
FF 6–11 months ................................................
BF/FF 6–11 months ...........................................
BF 6–11 months ................................................
FP III ..................................................................
Children .....................................................................
12–23 months ....................................................
2–4 years ...........................................................
FP III ..................................................................
Women ......................................................................
Pregnant ............................................................
BF/FF .................................................................
Postpartum .........................................................
BF ......................................................................
FP III ..................................................................

I–BF–B .............
II–FF .................
II–BF/FF ...........
II–BF .................
III–I ...................
...........................
IV–A ..................
IV–B ..................
III–IV .................
...........................
V–A * .................
V–B * .................
VI ......................
VII .....................
III–V/VI/VII ........

33,550
580,419
107,361
98,973
141,570
3,829,645
1,099,108
2,665,433
65,104
1,573,019
563,298
346,379
455,232
205,279
2,831

34,095
589,846
109,104
100,581
143,869
3,891,847
1,116,960
2,708,726
66,161
1,598,569
572,448
352,005
462,626
208,613
2,877

34,649
599,427
110,877
102,214
146,206
3,955,060
1,135,102
2,752,722
67,236
1,624,534
581,746
357,722
470,140
212,002
2,924

34,652
599,487
110,888
102,225
146,221
3,955,456
1,135,216
2,752,997
67,243
1,624,696
581,804
357,758
470,187
212,023
2,924

34,656
599,546
110,899
102,235
146,235
3,955,852
1,135,329
2,753,273
67,249
1,624,859
581,862
357,794
470,234
212,044
2,925

Total Participants ........................................

...........................

6,958,375

7,071,396

7,186,253

7,186,971

7,187,690

FF = formula fed; BF/FF = partially (mostly) breastfeeding; BF = fully breastfeeding; FP = food package.
Source: Internal USDA Estimates.
Prices of WIC Foods
Baseline unit costs for WIC food categories
are estimated using average national retail
unit cost data calculated from the
Information Resources, Inc. (IRI) Infoscan
retail dataset.43 Average per-unit costs were
calculated using FY 2018 IRI Infoscan retail
data on food categories that include WICeligible foods. The FY 2018 unit cost data are
adjusted to account for inflation using the
U.S. Bureau of Labor Statistics Consumer
Price Index for Urban Consumers (CPI–U)
with food-specific forecasts estimated by the
USDA Economic Research Service (ERS) for
FY 2019 through FY 2024.44 Inflation for all
food categories is estimated for FY 2025
through FY 2029 using the forecast for the
Thrifty Food Plan index for food inflation in
the most recent President’s Budget request.45
Quantities of WIC Foods Purchased by
Program Participants
The quantity of WIC foods purchased, or
redeemed, by participants is estimated as the
product of the Maximum Monthly Allowance
(MMA) of each food item multiplied by the
estimated redemption rate for that item.
Baseline estimates use the MMAs under the
current food packages while the projections
for redemption under the food package
revisions use the MMAs defined under the
rule. Key changes to MMAs by food item
under this rule are summarized above in
Table 1. Baseline redemption rates are
estimated by food category using 2020

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43 More

information about this dataset is available
here: https://www.ers.usda.gov/topics/foodmarkets-prices/food-prices-expenditures-andestablishments/using-scanner-data/.
44 ERS food-specific inflation estimates are
current as of June 26, 2022.
45 As of July 2023, OMB projects annual Thrifty
Food Plan inflation to be around 2.30 percent
annually for FY 2025–FY 2029. For more
information, see https://www.whitehouse.gov/omb/
briefing-room/2023/07/28/the-2024-mid-sessionreview/.

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redemption data that FNS collected from 48
State agencies (see the appendix to the RIA,
Tables A–1 through A–12 for redemption rate
estimates by food category).46
C. Food Costs and Benefits of Rule by Food
Category
The following section describes the
benefits to WIC participants and the
estimated impact on the cost of the food
packages of the changes for each WIC food
category. As described previously, all cost
estimates are adjusted for annual inflation.
Apart from the CVV, USDA applies NASEM’s
estimates of the relative impacts of the
revisions under each food category on
redemption rates and unit costs, where
applicable. NASEM’s estimates of the
impacts on redemption rates are based on
several factors, including changes to the
amount of a food category prescribed,
changes to the substitution options available,
and changes to nutrient requirements that
may affect participant preferences.
In general, the most consistent impact on
redemption rates was driven by changes in
the amount of a food item prescribed in the
revised food packages. To consider this
impact, NASEM first used EBT data from
three State agencies (Kentucky, Michigan,
and Nevada) from a 2014 report to
understand three different types of WIC
redemption patterns: (1) full redemption, (2)
partial redemption, and (3) nonredemption.47 The effect of a decrease in the
46 According to internal USDA data collected in
March 2021 covering monthly WIC redemptions for
all months in calendar year 2020. Data were
requested from all State agencies, but only full year
data for 2020 were provided by 48 State agencies.
While redemption data may not be nationally
representative, the 48 State agencies that reported
data serve about 3.48 million WIC participants (or
around 56 percent of all WIC participants in 2020).
47 Phillips, D., Bell, L., Morgan, R., & Pooler, J.
(2014). Transition to EBT in WIC: Review of impact
and examination of participant redemption
patterns: Final report. Retrieved from https://

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MMA for an item is not computed equally for
all three groups, because one would expect
less of a change, if any, in the redemption
rate among the share of full redeemers and
those not redeeming the food item at all.
Therefore, NASEM used the EBT data
collected in the 2014 report to compute what
they call an ‘‘implied redemption rate’’ based
on the relative share of partial redeemers
unique to each food item and the amount of
the MMA being reduced.48 Beyond the
implied redemption rates calculated based on
changes to the MMA amounts, in order to
account for other behavioral changes,
NASEM made upward or downward
adjustments to the implied redemption rates
based on changes in substitution options
(such as allowing more yogurt to be
substituted for milk) and product
specifications (including package size
flexibilities or whole-grain requirements).
Explicit details on any calculations behind
these adjustments are limited in NASEM’s
report, but they are generally based on
assumptions of expected consumer behavior
based on the changes—e.g., increasing
substitution options would expand options
in a particular food category and, therefore,
is expected to make that food category more
popular and increase redemption rates.
NASEM applied these changes to redemption
data provided by FNS for 5 unidentified State
agencies, as well as to redemption data
NASEM collected directly from 6 State
agencies, in order to expand the
representativeness of the estimates.49
NASEM’s approach poses a few
limitations. Without much of a precedent for
altarum.org/publications/transition-ebt-wic-reviewimpact-and-examination-participant-redemptionpatterns.
48 That is, redemption rate changes for foods were
estimated differently depending on whether a food
had a larger percentage of participants redeeming
that food fully or partially.
49 For a description of these data, see p. 933–939
of the NASEM report.

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such changes and without the opportunity to
conduct a viable pilot, NASEM had limited
data upon which to base their redemption
rate adjustments. Another limitation is that
these estimates do not account for variations
based on demographic groups because of a
lack of availability of EBT redemption data
matched with participant characteristics.
While USDA acknowledges these limitations,
the Department finds NASEM’s approach to
be reasonable and sufficient for these
estimates given the lack of available data.
While this analysis relies on NASEM’s
methodology to estimate the relative impact
of the rule on redemption rates for each food
item, the Department applies these relative
impacts to a larger set of redemption data
collected from 48 State agencies in 2020, as
well as using the best available WIC
participation, food inflation, and food price
data as of August 2023.
Although the food costs presented here are
updated with the best available information
and to reflect the food package revisions as
defined in this rule, including where the
Department’s provisions differ from
NASEM’s recommendations, NASEM’s
impact analysis provides additional
background information, analyses, and
discussion of rationales (see Appendix U of
the 2017 NASEM report, p. 869–988).
Cash Value Voucher (CVV) 50

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Summary of Changes
• Increase CVV maximum monthly
allowances for child, pregnant, postpartum,
and breastfeeding participants.
Consistent with the proposed rule and as
supported by most public comments,51 this
final rule increases to the CVV maximum
monthly amounts reflect the amounts
recommended by NASEM to provide
approximately half of the recommended
daily amounts of fruits and vegetables for
adults and children. This change is also
consistent with the temporary increase in the
CVV that has been in place since October 1,
2021 as a result of appropriations legislation
(the Agriculture, Rural Development, Food
and Drug Administration, and Related
Agencies Appropriations Act, 2022, Pub. L.
117–103; the Consolidated Appropriations
Act, 2023, Pub. L. 117–328; and the
Consolidated Appropriations Act, 2024, Pub.
L. 118–42). The increases also reflect 2020–
2025 DGA recommendations for the
applicable life stages of WIC adult
participants (postpartum, pregnant, and
50 The change in terminology from ‘‘CVV’’ to
cash-value benefit, or ‘‘CVB,’’ is not included in this
final rule; however, USDA proposed this change in
the rule titled: Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC):
Online Ordering and Transactions and Food
Delivery Revisions to Meet the Needs of a Modern,
Data-Driven Program (88 FR 11516). The proposal
would update the definition of cash-value voucher
to remove the clause, ‘‘cash-value voucher is also
known as cash-value benefit, or CVB, in an EBT
environment,’’ and create an independent
definition of CVB as a type of electronic benefit that
is a fixed-dollar amount used to obtain authorized
fruits and vegetables.
51 The only public comments that did not fully
support the increase advocated for even higher CVV
amounts than proposed by the Department; there
were no comments opposed to the increase.

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lactating) based on the average caloric needs
of these various groups (2,000 kcal, 2,200
kcal, and 2,400 kcal, respectively).
Context, Behavior Change, and Benefits
Fruits and vegetables are nutrient dense
and associated with a reduced risk of chronic
diseases,52 including high blood pressure,53
stroke,54 heart disease,55 diabetes,56 and
specific types of cancer.57 A recent study
found that adult consumption of 5 servings
of fruits and vegetables per day (and
specifically 3 servings of vegetables and 2
servings of fruit) is associated with a decrease
in the risk of premature death and death due
to cardiovascular disease, cancer, and
respiratory disease.58 In addition, studies
suggest that increasing fruit and vegetable
intakes or replacing foods of high energy
density with foods of lower energy density,
such as fruits and vegetables, can help with
management of body weight.59 60 61 Despite
52 While the publications cited in this section
employ a variety of study designs, many lean on the
data available in a few large prospective cohort
studies. These prospective cohort studies, such as
the well-known Nurses’ Health Study, are often
limited to a predominately White and
socioeconomically homogenous sample—while this
limitation has the benefit of controlling
confounding factors for this reason, it may also
limit the generalizability of findings. Moreover, it
is relatively rare for the cited studies to control for
income (which presumably matters because fruits
and vegetables can be more expensive than many
other foods); as such, concern about omitted
variable bias may be warranted. We request
comment on these methodological issues, as well as
the extent to which the relevant literature
appropriately sets null hypotheses prior to
performing statistical tests.
53 Appel LJ, Moore TJ, Obarzanek E, Vollmer WM,
Svetkey LP, Sacks FM, Bray GA, Vogt TM, Cutler
JA, Windhauser MM, Lin PH. A clinical trial of the
effects of dietary patterns on blood pressure. New
England Journal of Medicine. 1997 Apr
17;336(16):1117–24.
54 He FJ, Nowson CA, MacGregor GA. Fruit and
vegetable consumption and stroke: meta-analysis of
cohort studies. The Lancet. 2006 Jan
28;367(9507):320–6.
55 Hung HC, Joshipura KJ, Jiang R, Hu FB, Hunter
D, Smith-Warner SA, Colditz GA, Rosner B,
Spiegelman D, Willett WC. Fruit and vegetable
intake and risk of major chronic disease. Journal of
the National Cancer Institute. 2004 Nov
3;96(21):1577–84.
56 Muraki I, Imamura F, Manson JE, Hu FB,
Willett WC, van Dam RM, Sun Q. Fruit
consumption and risk of type 2 diabetes: results
from three prospective longitudinal cohort studies.
BMJ. 2013 Aug 29;347:f5001.
57 Wiseman M. The Second World Cancer
Research Fund/American Institute for Cancer
Research Expert Report. Food, Nutrition, Physical
Activity, and the Prevention of Cancer: A Global
Perspective: Nutrition Society and BAPEN Medical
Symposium on ‘Nutrition support in cancer
therapy’. Proceedings of the Nutrition Society. 2008
Aug;67(3):253–6.
58 Dong D. Wang, Yanping Li, Shilpa N.
Bhupathiraju, Bernard A. Rosner, Qi Sun, Edward
L. Giovannucci, Eric B. Rimm, JoAnn E. Manson,
Walter C. Willett, Meir J. Stampfer, Frank B. Hu.
Fruit and Vegetable Intake and Mortality: Results
From 2 Prospective Cohort Studies of U.S. Men and
Women and a Meta-Analysis of 26 Cohort Studies.
Circulation, 2021; DOI: 10.1161/
CIRCULATIONAHA.120.048996.
59 Tohill BC, Seymour J, Serdula M, Kettel-Khan
L, Rolls BJ. What epidemiologic studies tell us

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the importance of fruits and vegetables to a
healthy dietary pattern, nearly 90 percent of
the U.S. population does not meet the daily
recommended intake of vegetables, and
around 80 percent do not meet
recommendations for fruit.62 A recent FNS
study using 2011–2016 National Health and
Nutrition Examination Survey (NHANES)
data found that children participating in WIC
under the current regulatory food package
reported overall inadequate intake levels for
vegetables.63 The same study also found that
children participating in WIC were less likely
to consume any amount of whole fruits on a
given day than higher income children (73
compared to 93 percent). The DGA
emphasize the importance of building a
healthy dietary pattern in early childhood
when taste preferences are acquired and
maintaining a health dietary pattern across
the lifespan. WIC can play an important role
in supporting families to establish and
maintain healthy dietary patterns that are
rich in nutrient-dense fruits and vegetables.
The changes to regulations governing the
CVV are expected to increase fruit and
vegetable consumption among WIC
participants by supporting the purchase of a
greater amount and variety of fruits and
vegetables that align with individual and
cultural preferences.64 Increasing fruit and
vegetable consumption would also increase
intake of potassium and fiber, both of which
USDA identifies in the 2020–2025 DGA as
dietary components of public health concern
for underconsumption. An increase in fruit
about the relationship between fruit and vegetable
consumption and body weight. Nutr Rev.
2004;62:365–374.
60 Rolls BJ, Ello-Martin JA, Tohill BC. What can
intervention studies tell us about the relationship
between fruit and vegetable consumption and
weight management? Nutr Rev. 2004;62(1):1–17.
61 Bertoia ML, Mukamal KJ, Cahill LE, Hou T,
Ludwig DS, Mozaffarian D, Willett WC, Hu FB,
Rimm EB. Changes in intake of fruits and vegetables
and weight change in United States men and
women followed for up to 24 years: analysis from
three prospective cohort studies. PLoS medicine.
2015 Sep 22;12(9):e1001878.
62 See 2020–2025 DGA, p. 30–32.
63 Gleason, S., Hansen, D., & Wakar, B. (2021).
Indicators of diet quality, nutrition, and health for
Americans by program participation status, 2011–
2016: WIC report. Prepared by Insight Policy
Research, Contract No. GS–10F–0136X. Alexandria,
VA: U.S. Department of Agriculture, Food and
Nutrition Service, Office of Policy Support, Project
Officer: Michael Burke. https://www.fns.usda.gov/
wic/indicators-diet-quality-nutrition-and-healthamericans-program-participation-status-2011.
64 A number of state-level and/or qualitative
studies point to increased food security and/or
increased participant satisfaction since the increase
in CVV benefits beginning under ARPA, which
suggest a positive impact of larger CVV allowances.
See, for example, the following studies: ‘‘MultiState WIC Participant Satisfaction Survey: Cash
Value Benefit Increase During COVID’’ (https://
thewichub.org/multi-state-wic-participantsatisfaction-survey-cash-value-benefit-increasingduring-covid/); ‘‘Increased WIC Benefits for Fruits
and Vegetables Increases Food Security and
Satisfaction Among California Households with
Young Children’’ (https://doi.org/10.1016/
j.jand.2023.05.018); and ‘‘California WIC
Participants Report Favorable Impacts of the
COVID-Related Increase to the WIC Cash Value
Benefit’’ (https://doi.org/10.3390/ijerph191710604).

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
and vegetable consumption would also
increase intakes of vitamin A, vitamin C, and
folate, all of which NASEM reported at
inadequate levels among pregnant,
postpartum, and breastfeeding participants.
NASEM estimated that WIC participants
would need to spend $24, $43, or $47
(adjusted for inflation to FY 2022),
depending on participant category, to meet
50 percent of the DGA-recommended intakes
for vegetables and fruits.65 This suggests that
the current regulatory CVV levels (which
would have been $9 for children and $11 for
pregnant, postpartum, and breastfeeding
individuals in FY 2022) only provide enough
for around 19 percent and 12 percent of
recommended fruit and vegetable intakes for
these groups, respectively. Increasing the
value of the CVV to the levels recommended
by NASEM to meet 50 percent of the
recommended fruit and vegetable intake is
likely to increase fruit and vegetable
purchases and consumption among WIC
participants.
Congress temporarily authorized a four
month increase in CVV benefits under the
American Rescue Plan Act (ARPA) of 2021
(Pub. L. 117–2).66 Under ARPA authority,
State agencies increased the CVV for all food
packages for child, pregnant, postpartum,
and breastfeeding participants to $35.
Following this increase, Congress then

authorized temporary increases to the
NASEM recommended CVV amounts in FY
2022, in FY 2023, and in FY 2024, as
described above. Public comments received
in response to the proposed rule cited
evidence of the initial, positive impacts of
these temporary changes, providing a
preview of the likely impacts of the CVV
increases that would be made final in this
rule. A large survey of WIC participants
across five State agencies (including one
Indian Tribal Organization [ITO]) found that
fruit and vegetable consumption among
children participating in WIC increased by
about 0.27 cup equivalents per day (after
excluding juice, legumes, and fried
potatoes).67 The same survey found that 84
percent of respondents reported the CVV
benefit level was inadequate before the
temporary increase under ARPA, compared
to only 25 percent after the increase. Several
other commenters provided similar evidence
from California, Colorado, Delaware, and
North Carolina finding that the increase to
the CVV was very well received by
participants and was associated with an
increase in the amount and/or variety of
fruits and vegetables consumed.
Federal Budgetary Costs
The increase in value of the CVV accounts
for most of the increased Federal spending
under the rule, adding around $5.6 billion in

costs over five years compared to the CVV
levels as currently established in WIC
regulations at 7 CFR 246.10. This estimate
assumes that the redemption rate of the
increased CVV will continue at the 2020
level (71.6 percent) and accounts for annual
inflation adjustments.68 Table 6 compares the
projected CVV values for the current and
revised food packages for child, pregnant,
postpartum, and breastfeeding participants
between FY 2025 through 2029, accounting
for annual inflation and rounding down to
the nearest whole dollar.69 As described
earlier in this analysis, the CVV levels
finalized in this rule were temporarily
enacted in FY 2022, FY 2023, and FY 2024.
Therefore, compared to WIC food packages as
enacted in FY 2022 through FY 2024, the
changes described in this section would have
no impact on Federal spending, but would
instead simply codify these as the new
permanent CVV levels in WIC regulations.
The CVV cost estimates only include costs
associated with the changes to the CVV for
child, pregnant, postpartum, and
breastfeeding participants described above.
Any costs associated with the CVV
substitution option for infants is accounted
for under the infant fruit and vegetable
estimates. Similarly, costs associated with
the $3 CVV substitution option for juice are
accounted for in the juice cost estimates.

TABLE 6—ESTIMATED CHANGES TO CVV AMOUNT BY PARTICIPANT CATEGORY
[FY 2025 through FY 2029]
2025

Participant category
(food package)

Cur.

Children (IV) .................................
Pregnant (V–A) ............................
Partially BF (V–B) ........................
Postpartum (VI) ............................
Fully BF (VII) ................................

2026
Rev.

$10
13
13
13
13

Cur.

$27
48
53
48
53

2027
Rev.

$10
13
13
13
13

$27
49
54
49
54

Cur.

2028
Rev.

$11
13
13
13
13

$28
51
55
51
55

Cur.
$11
14
14
14
14

2029
Rev.
$29
52
57
52
57

Cur.
$11
14
14
14
14

Rev.
$29
53
58
53
58

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Notes:
CVV = Cash-value voucher; Cur. = Current food packages; Rev. = Revised food packages.
CVV values are set using a specific rounding methodology described in 7 CFR 246.16(j) where, after adjusting for inflation annually, the benefit level is always rounded down to the nearest whole dollar (e.g., $24.99 would be rounded down to $24). In this analysis, the benefit levels before rounding down for the current food package begin in at $9.74 for children and $12.18 for pregnant, postpartum and breastfeeding individuals
in FY 2024 to be consistent with current budget projections. The benefit levels for the revised food package begin in FY 2022 at $24, $43, and
$47 and begin adjusting for inflation in FY 2023. Current food packages reflect the permanent CVV levels as currently set in 7 CFR 246.10. Revised food packages reflect the CVV levels codified in this rule, which are equal to and make permanent the temporary levels enacted starting in
FY 2022, adjusted for inflation.
To better understand how the increase to
the CVV may impact CVV redemption rates,
USDA collected CVV redemption data from
nine large State agencies covering the period
from April to August 2021, during the
implementation of a temporary increase to

CVV levels authorized under the American
Rescue Plan Act (ARPA) of 2021 (Pub. L.
117–2).70 Under ARPA authority, these State
agencies increased the CVV for all food
packages for child, pregnant, postpartum,
and breastfeeding participants to $35.

Redemption data during the months the
increase was implemented indicate only
about a 2-percentage point decrease in the
CVV redemption rate following the
increase.71 The Department assumes that this

65 USDA notes that, although the CVV should be
enough to provide approximately 50 percent of the
DGA recommended intakes for fruits and vegetables
on average, the exact percentage of the DGA that
will be met for an individual participant will vary,
due to differences in the purchasing power of the
CVV in lower and higher food price areas.
66 WIC Policy Memorandum #2021–3:
Implementation of the American Rescue Plan Act
of 2021 (Pub. L. 117–2), ‘‘State Agency Option to
Temporarily Increase the Cash-Value Voucher/
Benefit for Fruit and Vegetable Purchases.’’ March
24, 2021. Available at: https://www.fns.usda.gov/
wic/policy-memorandum-2021-3.

67 Ritchie L, Lee D, Felix C, Sallack L, Chauvenet
C, Machel G, Whaley SE. Multi-State WIC
Participant Survey: Cash Value Benefit Increase
During COVID. The National WIC Association and
Nutrition Policy Institute, University of California
Division of Agriculture and Natural Resources.
March 2022.
68 See the Uncertainties section for an analysis of
the cost impact of higher or lower redemption rates
on the cost of the CVV increase.
69 This is consistent with the requirements for
inflating the WIC CVV as described in 7 CFR
246.16(j).

70 WIC Policy Memorandum #2021–3:
Implementation of the American Rescue Plan Act
of 2021 (Pub. L. 117–2), State Agency Option to
Temporarily Increase the Cash-Value Voucher/
Benefit for Fruit and Vegetable Purchases. March
24, 2021. Available at: https://www.fns.usda.gov/
wic/policy-memorandum-2021-3.
71 Data collected from 9 State agencies indicated
a 68.4 percent CVV redemption rate during July and
August 2021 under the temporary increase to $35
authorized by ARPA. The redemption rate for these
months was expected to be around 70.5 percent if
the CVV increase had not occurred, based on CVV
redemption data trends in 2020 and earlier in 2021

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2-percentage point gap would further narrow
as participants become more accustomed to
the increased CVV and as WIC staff continue
to promote use of the increased CVV through
nutrition education. Based on these
assumptions, the Department assumes there
will be no change in CVV redemption rates
under the CVV levels in this rule. The
Uncertainties section below includes an
analysis of the cost impacts of either higher
or lower CVV redemption rates.
Canned Fish
Summary of Changes
• Add canned fish to food packages for
children (ages 1 through 4 years).
• Add canned fish in food packages for
pregnant, partially (mostly) breastfeeding and
postpartum participants not currently
receiving canned fish, revise amounts for
fully breastfeeding participants, and revise
WIC-eligible varieties.
Context, Behavior Change, and Benefits
The revisions add select varieties of
canned fish (salmon, sardines, Atlantic
mackerel, Chub mackerel, and light tuna) to
food packages for children ages 1 through 4
years and for pregnant, postpartum and
breastfeeding participants to better align the
WIC food packages with the DGA and
NASEM recommendations. The amount of
fish offered in the revised food packages
provides a supplemental quantity of between
17 to 69 percent of the DGA-recommended
amounts, depending on participant category.
This change represents an improvement over
the current packages, which do not offer fish
to child, pregnant, postpartum, or partially
breastfeeding participants, and are consistent
with the EPA–FDA advice about eating fish.
Fish is an important dietary source of
polyunsaturated fatty acids and other key
nutrients; nutrition education will be
important in encouraging WIC participants to
redeem this under-consumed food, choose
lower sodium varieties and amounts that
limit methylmercury exposure, preserve
unused portions of canned fish safely, and,
for child participants, select boneless canned
fish or remove bones prior to consumption to
prevent choking.
Federal Budgetary Costs
The changes to the quantities of canned
fish are expected to increase WIC food
spending by an estimated $218 million over
five years compared to the cost of canned fish
in the current food packages. This estimate
is based on NASEM’s assumption that the
current redemption rate for fish in the food
package for fully breastfeeding participants,
just under 44 percent in 2020, will be slightly
lower for all food packages receiving fish
under the revised food package. The
Department estimates the redemption rate for
fish will be around 43 percent across all food
packages under the revisions.
Infant Fruits and Vegetables
Summary of Changes
• Reduce infant jarred fruit and vegetable
amounts for fully breastfed infants.
for these State agencies. Therefore, we attributed
approximately a 2-percentage point decrease in
CVV redemption rates under the $35 CVV.

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• Expand allowable age range to substitute
CVV for infant fruits and vegetables and
increase substitution amounts.
The amounts of jarred fruits and vegetables
currently provided for fully breastfed infants
far exceed what is nutritionally appropriate
for infants. Further, fully breastfed infants do
not have a greater need for fruits and
vegetables compared to other infants. Thus,
the reduced amounts of jarred fruits and
vegetables for fully breastfed infants will be
the same amounts currently provided to
partially (mostly) breastfed or fully formula
fed infants.
Context, Behavior Change, and Benefits
NASEM found that the current food
package for fully breastfed infants provides
an excessive amount of jarred fruits and
vegetables per day—more than one cupequivalent, which is an amount difficult for
infants 6 through 11 months old to consume
daily. Furthermore, the more generous
amount for fully breastfed infants was not
based on a nutritional rationale (the DGA and
the American Academy of Pediatrics (AAP)
do not have specific recommendations for the
quantity of fruit and vegetable consumption
for this age group) but was recommended by
the 2006 Institute of Medicine (IOM, now
known as the National Academies of Science,
Engineering, and Medicine (NASEM))
committee to promote full breastfeeding.72
Reducing the amount of jarred infant fruits
and vegetables provided to fully
breastfeeding infants better aligns this food
package with the concept of supplemental,
particularly since fully breastfed infants do
not have a greater need for fruits and
vegetables than infants fed infant formula or
a combination of infant formula and human
milk.
Expanding the age range at which infants
are eligible to substitute CVV for infant fruits
and vegetables (specifically, by lowering the
eligible age from 9 months old to 6 months
old) and increasing substitution amounts will
provide additional choice to WIC
participants to accommodate special dietary
needs, cultural preferences, and personal
preferences without compromising the
nutritional integrity of the infant food
packages. In addition, by permitting the
purchase of more fruits and vegetables
through the CVV, a parent or caretaker has
the opportunity to introduce a wider variety
and texture of fruits and vegetables
(compared to the jarred variety) to the infant
according to the infant’s developmental
readiness for textures.73 NASEM expects that
allowing additional CVV substitutions for
this age group will increase redemption and
consumption of fruits and vegetables among
this group of WIC participants.
Federal Budgetary Costs
Although this rule decreases the maximum
monthly allowance of jarred infant fruits and
vegetables issued to fully breastfed infants,
72 Institute of Medicine. 2006. WIC Food
Packages: Time for a Change. Washington, DC: The
National Academies Press. https://doi.org/
10.17226/11280. P. 103.
73 See the DGA recommendations for infants
regarding developmental readiness for solid foods
on p. 57 of the DGA 2020–2025.

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the Department estimates that the changes to
infant fruits and vegetables under this rule
will result in a net increase of $119 million
in Federal WIC spending over five years.
These costs are the cumulative costs
associated with both infant jarred fruit and
vegetable redemptions and the infant CVV
substitution option (i.e., the infant CVV costs
are reflected here and are separate from the
costs associated with the CVV increase for
child, pregnant, postpartum, and
breastfeeding participants described above).
This estimated increase in costs is driven by
the expansion of the age range and amounts
allowed for the CVV substitution option for
jarred fruits and vegetables. In its report,
NASEM estimates that this expansion of the
infant CVV substitution option, coupled with
the decrease in jarred fruits and vegetables
issued to fully breastfed infants, will increase
the redemption rate by slightly more than 27
percent (approximately 15 percentage points,
given the 53 percentage point baseline
rate).74 By applying NASEM’s analysis to
current redemption rates, the Department
estimates that the redemption rate for jarred
infant fruits and vegetables will increase
from just over 53 percent in 2020 to around
68 percent under the rule.
Breakfast Cereal
Summary of Changes
• Change whole grain criteria for breakfast
cereals.
• Require that 75 percent of approved
breakfast cereals in each State agency meet
whole grain criteria.
• Modify existing breakfast cereal
specifications to establish an added sugar
limit rather than a total sugar limit.
This final rule will change the criteria for
whole grain breakfast cereals and require that
75 percent of breakfast cereals on a State
agency’s authorized food list meet the criteria
for whole grain. This is a change from the
proposed rule recommendation that 100
percent of breakfast cereals meet the whole
grain criteria. The provisions in this final
rule are designed to promote whole grain
consumption and to improve consistency
with the Child Nutrition Programs (the Child
and Adult Care Food Program (CACFP), the
National School Lunch Program, and the
National School Breakfast Program) while
maintaining more flexibility than the
proposed rule in response to concerns raised
in public comments. Comments from WIC
State agencies cited the increased burden on
small vendors and the reduction in
participant choice as primary concerns. This
rule also finalizes a new provision based on
comments regarding sugar specifications for
breakfast cereals.
To address inadequate consumption of
whole grains and excess consumption of
refined grains among WIC participants,
NASEM recommended that all WIC-eligible
breakfast cereals meet the criteria for whole
grain cereal. This is also consistent with the
DGA recommendation to shift intake from
refined to whole-grain versions of foods to
74 This estimate is based on a combined
redemption rate for both redemption of infant jarred
fruit and vegetables and redemption of the infant
CVV substitution.

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increase whole grain intake. Consequently,
the proposed rule required all WICauthorized breakfast cereals be whole grain.
The Department then specifically requested
public comment to better understand the
impact of the provision requiring all
breakfast cereals to meet the whole grain
criteria.
Many stakeholders (including many State
agencies) supported the goal of increasing
whole grain consumption but cited concerns
with the requirement that all cereals be
whole grain. Some commenters highlighted
the overall nutrients cereals provide (e.g.,
iron and folate) and hypothesized that the
changes would negatively impact consumers
who prefer refined grain rice- and corn-based
breakfast cereals. Other commenters
expressed the view that this change will
better serve participants with high rates of
diet-related diseases, including obesity and
diabetes, and low levels of whole grain
consumption. Commenters also noted that
this change could reduce participant choice
for individuals with wheat or other grain
allergies. Additionally, the Department
values consistency across Federal nutrition
programs and recognizes that in the Child
Nutrition Programs, the majority of, but not
all, grains offered in a school week must be
whole grain rich.75 Therefore, recognizing
that a healthy dietary pattern can include
whole and refined grains in nutrient-dense
forms and to support consistency across
Federal nutrition programs, this rule codifies
that 75 percent of cereals on a WIC State
agency’s authorized food list meet the whole
grain requirement—a level recommended by
public comment.
The Department is also switching the
nutrient specifications for breakfast cereals in
WIC food packages to be based on an added
sugar limit, rather than a total sugar limit.
This change is also consistent with the added
sugar limits proposed for breakfast cereals in
the Child Nutrition Programs.
Context, Behavior Change, and Benefits
These provisions are expected to help
address inadequate consumption of whole
grains (and excess consumption of refined
grains) among WIC participants. NASEM’s
analysis of NHANES data concluded that the
consumption of whole grains by WIC
participants was poor and that consumption
of refined grains by WIC participants was
excessive. An updated analysis of NHANES
data for years 2011–2016 confirms low
intakes of whole grains among young
children participating in WIC. On a given
day, 48 percent of WIC participants ages 1
through 4 years consumed whole grains,
whereas 82 percent consumed refined grains.
On average, less than half of grains consumed
were whole grains.76
75 See the proposed rule, ‘‘Child Nutrition
Programs: Revisions to Meal Patterns Consistent
With the 2020 Dietary Guidelines for Americans,’’
available online at https://www.federalregister.gov/
documents/2023/02/07/2023-02102/child-nutritionprograms-revisions-to-meal-patterns-consistentwith-the-2020-dietary-guidelines-for.
76 Gleason, S., Hansen, D., & Wakar, B. (2021).
Indicators of diet quality, nutrition, and health for
Americans by program participation status, 2011–
2016: WIC report. Prepared by Insight Policy

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The DGA recommend that at least half of
grain intake consist of whole grains, as whole
grains are nutrient-dense and contribute
more fiber to a healthy diet than refined
grains, but according to the DGA, 98 percent
of Americans fail to eat enough whole grains,
and 74 percent of Americans consume too
many refined grains.
Although the final rule does not fully
implement NASEM’s recommendation that
all breakfast cereals meet the whole grain
criteria, the final provision is still expected
to promote whole grain consumption, while
continuing to provide access to other key
nutrients (e.g., iron, folate) in forms that
accommodate special dietary needs and
allow for participant choice.
Federal Budgetary Costs
While the maximum monthly allowances
for breakfast cereal will not change under the
rule, the Department estimates that the
revisions to whole grain requirements for
cereal will decrease costs by approximately
$9 million over five years. The decrease in
cost is driven by the estimated impact of
these changes on redemption rates. NASEM
estimated that the originally proposed
changes (i.e., to require that 100 percent of
breakfast cereals meet the whole grain
criteria) would decrease redemption rates by
10 percent, based on the reduction in
allowable cereal options and its analysis
showing that whole grain cereals are slightly
less preferred by participants in some
States.77 By applying NASEM’s findings, and
reducing NASEM’s projected impact on
redemption rates in half to reflect the final
provision of requiring 75 percent of cereals
meet the whole grain requirements rather
than 100 percent as NASEM proposed, the
Department estimates that the redemption
rates across all food packages for breakfast
cereals will decrease by 5 percent—which
represents about a 2 percentage point
decrease from the baseline of 48 percent to
46 percent under the revised food packages.
This estimate also accounts for a slight
increase in unit costs. NASEM estimates that
the changes will increase the unit cost of
breakfast cereals in the WIC food packages by
about 9 percent. Again, reducing NASEM’s
projection in half to reflect the final rule, the
Department estimates that, starting in FY
2025, unit costs for cereal under the rule will
rise by $0.01 per ounce (from $0.24 to $0.25
per ounce), after adjusting for inflation.
Infant Formula
Summary of Changes
• Increase infant formula amounts in the
first month for partially breastfed infants.
• Allow all prescribed infant formula
quantities to be considered ‘‘up to’’ amounts.
Research, Contract No. GS–10F–0136X. Alexandria,
VA: U.S. Department of Agriculture, Food and
Nutrition Service, Office of Policy Support, Project
Officer: Michael Burke. https://www.fns.usda.gov/
wic/indicators-diet-quality-nutrition-and-healthamericans-program-participation-status-2011.
77 While the NASEM Report acknowledges the
increasing market availability of allowable cereal
options, the actual impact on redemption rates of
breakfast cereals may vary slightly as the market has
continued to evolve in the years since NASEM’s
analysis.

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As recommended by NASEM, the rule
increases maximum monthly infant formula
amounts in the first month for partially
(mostly) breasted infants from 104 fluid
ounces to up to 364 fluid ounces. Consistent
with current requirements, the amount of
formula provided would be tailored based on
an individual nutrition and breastfeeding
assessment and would not exceed the
maximum 364 fluid ounces per month.
Tailored issuance of formula in the first
month, and nutrition and breastfeeding
education and support from WIC staff, not
only maximizes the potential for women to
achieve exclusive breastfeeding goals, but
also to achieve successful partial
breastfeeding when exclusive breastfeeding is
not possible or desired.
Context, Behavior Change, and Benefits
This provision increases the maximum
monthly infant formula amount in the first
month of life for partially (mostly) breastfed
infants, consistent with NASEM’s
recommendations. As NASEM notes, while
current regulations intend to encourage
participants who initiate breastfeeding to do
so exclusively, the current approach may
cause infants who need more than 104 fluid
ounces of formula in the first month to be
prematurely categorized as fully formula fed
(and the mother as ‘‘postpartum’’) in order to
obtain additional formula from the Program.
Breastfeeding is associated with several
improved health outcomes for both infants
and breastfeeding mothers. Individuals who
breastfeed have a reduced risk of breast and
ovarian cancer, hypertension, and type 2
diabetes, and their infants have a lower risk
of asthma, Type-1 diabetes, sudden infant
death syndrome (SIDS), and gastrointestinal,
ear, and lower respiratory infections.78
The change will increase participant
flexibility and provide better support for any
amount of breastfeeding during the first
month by providing partially (mostly)
breastfeeding infants any amount of formula
(up to the maximum 364 fluid ounces
allowed) to support the participant’s desired
level of breastfeeding. It is possible that this
provision may extend the duration of
breastfeeding for some mothers who were
previously categorized as ‘‘postpartum’’
prematurely and discontinued breastfeeding.
NASEM specifically estimates that this
increase to the infant formula amounts
allowed during the first month of an infant’s
life will result in a 5 percent shift in infantmother dyads moving from the fully formula
feeding to partially (mostly) breastfeeding
food packages after the first year of
implementation. Public comments echoed
this assessment, noting that this change
would encourage breastfeeding and help
participants achieve their breastfeeding goals.
78 For a review of recent scientific literature on
breastfeeding and maternal health outcomes, see
https://effectivehealthcare.ahrq.gov/sites/default/
files/cer-210-breastfeeding-summary.pdf. For
evidence on breastfeeding and infant outcomes, see
Ip S, Chung M, Raman G, et al; Tufts-New England
Medical Center Evidence-based Practice Center.
Breastfeeding and maternal and infant health
outcomes in developed countries. Evid Rep Technol
Assess (Full Rep). 2007;153(153):1–186 and
American Academy of Pediatrics. Breastfeeding and
the Use of Human Milk. Pediatrics
2017;129(3):e827–e841.

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The change to consider all formula
quantities to be issued as ‘‘up to’’ amounts
will encourage and enable WIC staff to assess
the actual formula needs of participants and
tailor the quantities of infant formula
provided accordingly. This change, as
recommended by NASEM, is intended to
reduce interference with the successful
establishment of the mother’s desired
breastfeeding behavior while appropriately
issuing formula amounts that meet infants’
nutritional needs.
Federal Budgetary Costs
By increasing the amount of infant formula
allowed in the first month of life for partially
breastfed infants, the Department assumes a
shift of 5 percent of fully formula fed infants
into the partially breastfed infant category
after one full year of implementation, based
on NASEM’s analysis.79 Because the partially
breastfed infant food packages are less costly
than the fully breastfed infant food packages,
this shift will result in an estimated decrease
of around $34 million in total Federal
spending on infant formula in the WIC food
packages over five years.
The revised amounts of infant formula
prescribed under this rule are also estimated
to impact spending in other food categories.
As described above, NASEM estimates these
changes will result in a 5 percent shift of
fully formula fed infants into the partially
breastfed infant category. This corresponds
with a shift of 5 percent of participants from
the postpartum food package (VI) category
into the partially breastfeeding category (V–
B). In this analysis, the Department estimates
the impact of this shift in participant
categories separately from the other foodspecific cost estimates (e.g., the cost estimate
provided in Table 2d for the CVV does not
take this interaction into account), to account
for the discrete impacts of each. In total, the
shift of 5 percent of participants from the
postpartum food package to the partially
breastfeeding food package is estimated to
increase WIC food costs by $5 million over
five years. These changes are accounted for
by calculating the difference in spending
between the slightly more expensive food
package V–B compared to food package VI
resulting from the 5 percent shift in
participants from the postpartum to partially
breastfeeding category.
Revising the regulatory language to permit
formula quantities prescribed as ‘‘up to’’
amounts rather than only setting a minimum
amount for full nutrition benefit is not
projected by NASEM to have a significant
impact on the cost of the food packages.
While the effect on cost is expected to be
minimal, the impact of this provision will
ultimately depend upon the extent to which
it is used—both in terms of how frequently
79 From the NASEM RIA (p. 973): ‘‘A key
assumption of the primary analysis is that, under
the proposed revisions, 5 percent of fully formulafed mother–infant dyads will shift to corresponding
fully (mostly) breastfeeding food packages. The
committee considered the 5 percent shift
conservative, given evidence that the 2009 food
package, which allowed women to either choose
between formula-feeding or fully breastfeeding in
the infant’s first month of life, resulted in an
approximately 7 to 11 percent shift of dyads from
breastfeeding to formula-feeding.’’

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formula quantities are tailored and the extent
to which tailoring formula amounts changes
the quantities prescribed.
Whole Wheat/Whole Grain Bread and Other
Whole Grain Options
Summary of Changes
• Increase whole wheat/whole grain bread
and other whole grain option amounts for
pregnant, postpartum and breastfeeding
individuals, reduce amounts for children,
and revise specifications for package sizes.
• Require that whole grain breads contain
at least 50 percent whole grains.
• Expand whole grain options.
Context, Behavior Change, and Benefits
The revisions largely reflect NASEM’s
recommendations and will provide whole
wheat bread, whole grain bread, and whole
grain options in supplemental amounts that
better align with the DGA, particularly for
women. The DGA recommend that at least
half of grain intake consist of whole grains,
as whole grains are nutrient-dense and
contribute more fiber to a healthy diet than
refined grains, but according to the DGA, 98
percent of Americans fail to eat enough
whole grains, and 74 percent of Americans
consume too many refined grains.
The reduced amount for children
represents the upper end of NASEM’s
recommended range of 16 to 24 ounces and
will provide 27 to 53 percent of DGA
recommended amounts, better aligning the
children’s food packages with the
supplemental nature of the food packages.
The increased amount for pregnant,
postpartum, and breastfeeding participants
exceeds NASEM’s recommended amount (24
ounces). Specifically, the Department’s
amount will provide 40 to 53 percent of the
DGA recommended whole grain amounts,
while the amount recommended by NASEM
would provide 13 to 27 percent. The
increased amount will provide and
encourage consumption of whole grains,
consistent with the DGA and in quantities
closer to NASEM’s definition of a
supplemental amount. The changes also
better align the Program with common
package sizes found in the marketplace.
Changing the allowable package sizes will
increase the whole wheat/whole grain bread
choices available for State agencies to
authorize as WIC-eligible, thereby increasing
choice for participants. When WIC adopted
the 16-ounce bread size, very few products
on the market adhered to this specification,
which required manufacturers to produce a
relatively limited number of products sized
specifically for WIC; consequently, WIC
participants had relatively few choices
among different types of WIC-approved
breads. Although this availability has become
less of a problem since the implementation
of the 2009 WIC food package revisions, far
more whole wheat/whole grain breads
available in the marketplace still come in
either a 20-ounce or 24-ounce package size as
compared to a 16-ounce package size.80

Therefore, allowing State agencies to
authorize 20- and 24-ounce bread package
sizes will decrease burden on participants,
increase product availability, and likely
promote intake of whole grains, if
participants are able to select whole grain
products that more closely align with their
personal or cultural preferences. This change
may also decrease burden on small vendors
who have experienced difficulty stocking the
16-ounce package size currently required by
WIC.
Finally, the expansion of whole grain
options is responsive to participant requests
for more choices for bread substitutions,
while still providing priority nutrients, and
is intended to increase whole grain
consumption by offering a greater variety of
grains to WIC participants.
Federal Budgetary Costs
The revisions under the whole wheat
bread, whole grain bread, and other whole
grain options contribute to both costs and
savings under the rule. Overall, these
changes result in an estimated decrease of
about $22 million in food costs over five
years.
NASEM estimates that expanding the
number of allowable substitution options and
providing greater flexibility in package sizes
would increase the overall redemption rate
for whole grains by around 13 percent. The
rule differs from NASEM’s recommendation
to allow a specific range of package sizes
under this category and instead allows State
agencies to authorize a greater variety of
package sizes to increase variety and choice,
while still providing participants with
package sizes that ensure they can receive the
full benefit amount. Despite this variation,
the effect on redemption rates is expected to
be consistent with NASEM’s projections. By
applying NASEM’s projections to current
rates, the Department estimates the rule will
increase redemption rates for whole wheat
bread, whole grain bread, and other whole
grain options from 44 percent in 2020 to
nearly 50 percent after implementation of the
rule. The increase in the maximum monthly
allowance for pregnant, postpartum, and
breastfeeding participants from 16 ounces to
48 ounces is also expected to increase overall
food costs associated with whole grains in
the pregnant, postpartum, and breastfeeding
food packages.
The increases in costs described above are
more than offset by the estimated decrease in
unit costs for whole grain products in all
food packages and the decrease in the
maximum monthly allowance of whole
grains in the food packages for children from
32 ounces to 24 ounces. In its report, NASEM
estimates the cost of 16 ounces of whole
wheat bread to be $2.35 under the current
food package. To account for allowing 24ounce package sizes in the revised food
package and the addition of alternative whole
grain substitutions, NASEM computes a
composite cost of $2.67 for 24 ounces of
whole grain products under the revised food

80 According to an ERS analysis, in 2015, 16 oz
while grain bread packages had a market share of
17 percent, while 20 and 24 oz whole grain bread
package had market shares of 29 and 28 percent,
respectively. For more information, see: https://

www.ers.usda.gov/amber-waves/2020/april/usdaapproved-whole-wheat-bread-package-size-is-nowmore-common-and-less-costly-for-the-specialsupplemental-nutrition-program-for-womeninfants-and-children-wic/.

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package.81 On a per ounce basis, NASEM’s
projections amount to a 24.4 percent decrease
in the unit cost of whole grains in the revised
food package (from $0.147 per ounce in 16ounce packages to $0.111 per ounce in 24ounce packages). Allowing State agencies the
option to authorize other intact whole grain
options that meet specifications defined in
regulations, in response to public comment,
is not expected to significantly impact
redemption or costs beyond the impacts
described above associated with the list of
products already considered in the proposed
rule.
Cheese

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Summary of Changes
• Remove cheese as a food category for
fully breastfeeding participants to better align
with the DGA.
As recommended by NASEM, this rule
removes cheese as a separate food category
for fully breastfeeding participants (Food
Package VII). This change aligns with the
DGA recommendation for reducing saturated
fat consumption.
Context, Behavior Change, and Benefits
Removing cheese as a separate food
category for fully breastfeeding participants
aligns with the DGA recommendation for
reducing saturated fat consumption.
However, cheese remains a milk substitution
option in the food packages for child,
pregnant, postpartum, and breastfeeding
participants, meaning that cheese can be
substituted for a portion of the maximum
monthly allowance of milk. Even with the
removal of the standalone cheese category,
fully breastfeeding participants would still be
able to receive two pounds of cheese as a
partial substitute for milk.
Federal Budgetary Costs
Removing cheese as a standalone food
category is estimated to decrease WIC food
costs by $37 million over five years.
Infant Meats
Summary of Changes
• Reduce infant meats amounts to better
align with AAP recommendations.
Context, Behavior Change, and Benefits
This provision reduces the maximum
monthly allowance of infant meat for fully
breastfed infants from 77.5 to 40.0 ounces.
The NASEM committee found that the
current food package II–BF provides fully
breastfed infants with approximately 130
percent of the maximum amount of infant
meat recommended by the AAP. The
Committee also found that the redemption
rate for infant meat, an important source of
heme iron and zinc for fully breastfed
infants, was only about 20 percent. The rule
reduces the amount of infant meat provided
to a level representing approximately 65
percent of the AAP recommended maximum
amount. This revision better aligns with the
concept of providing a supplemental amount
of infant meat to fully breastfeeding infants.
81 NASEM’s

composite cost for whole grain
products is weighted to 0.76 for whole wheat bread,
0.19 for corn tortillas, and 0.06 for oatmeal based
on available redemption data from selected States.

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Federal Budgetary Costs
Reducing the maximum monthly
allowance of infant meats in the fully
breastfed 6 through 11-month-old infant food
package is estimated to reduce WIC food
costs by $16 million over 5 years. NASEM
estimates that reducing the quantity of infant
meats prescribed to fully breastfed infants
will increase the overall redemption rate—
this is largely based on the assumption that
when a smaller amount is prescribed, a larger
proportion of that amount will be redeemed
by partial redeemers. Applying NASEM’s
estimates, this cost savings assumes a 39
percent increase in the redemption rate of
infant meats—increasing from around 23
percent in 2020 to 32 percent under the rule.
Infant Cereal
Summary of Changes
• Reduce infant cereal amounts for all
infants to better align with AAP
recommendations.
Context, Behavior Change, and Benefits
This provision reduces the maximum
monthly allowance of infant cereal to fully
breastfed infants from 24 to 16 ounces. For
partially breastfed and fully formula fed
infants, the amount is reduced from 24 to 8
ounces. The NASEM committee found that
the current food packages provide
approximately 150 percent of the maximum
amount of infant cereal recommended by the
AAP. The revisions better align with AAP
recommendations for fully breastfed infants
and with the Program’s intent to provide
supplemental amounts of food for all other
infants. The revised infant cereal quantities
will provide approximately 100 percent of
the AAP-recommended amount for fully
breastfeeding infants because fortified infant
cereal is an important source of the iron and
zinc that fully breastfed infants need from a
commentary food source starting at age 6
months. The revised quantities will provide
50 percent of the AAP recommended amount
for partially (mostly) breastfed and fully
formula fed infants.
Federal Budgetary Costs
Reducing infant cereals in all infant food
packages is estimated to reduce WIC food
costs by around $99 million over five years.
NASEM estimates the reduction in the
maximum monthly allowance of infant
cereals will result in a 21 percent increase in
the redemption rate. Applying NASEM’s
projections, the Department estimates that
the redemption rate for infant cereals across
all infant food packages will increase from 43
percent in 2020 to 53 percent under the rule.
Milk
Summary of Changes:
• Reduce the amount of milk provided in
all child, pregnant, postpartum, and
breastfeeding participant food packages to
better align with the DGA.
• Require authorization of unflavored
lactose-free milk.
• Permit only unflavored milk and reduce
the added sugars allowed in yogurt and
plant-based milk alternatives and substitutes.
• Add calcium specifications for tofu and
vitamin D specifications for yogurt.

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• Increase yogurt substitution amounts.
• Add plant-based substitution options for
milk.
• Update the FDA standards of identity
citations for yogurt.
• Allow reduced-fat yogurts for 1 year-old
children without restrictions.
The revised quantities reflect NASEM
recommendations, are more consistent with
the supplemental nature of the Program and
are consistent with nutrition education
messages to consume a balanced diet that
meets, but does not exceed, recommended
amounts of foods and nutrients to prevent
overweight/obesity and/or displace other
healthy and important food groups and
nutrients.
Context, Behavior Change, and Benefits
The revisions to reduce the amount of milk
prescribed to WIC participants, as
recommended by NASEM, will better align
the food packages with the supplemental
nature of the Program. The current food
packages provide 85 to 128 percent of the
DGA recommendations for dairy products.
The revision recommended by NASEM and
finalized in this rule will provide 71 to 96
percent of the amounts recommended by
DGA. Furthermore, the revised quantities are
more consistent with nutrition education
messages to consume a balanced diet that
meets, but does not exceed, recommended
amounts of food to prevent excess weight
gain and displacement of other foods that
provide key nutrients.
The revisions to the substitution options
improve participant choice and promote
equity in accessing key WIC benefits for
participants with dietary restrictions and
allergies, while ensuring that substitution
options meet key nutrient specifications. The
option for substitution of 2 quarts of yogurt
in place of 2 quarts of milk may improve
intakes for participants who prefer dairy in
this form.
The final rule will require that all State
agencies authorize lactose-free milk as a
substation available to participants.82 In
addition, the rule allows State agencies the
option to authorize additional fortified plantbased milk alternative options (other than
soy, e.g., oat, almond). The rule will also
allow State agencies the option to permit
plant-based yogurt and cheese substitution
options that meet the established nutrient
specifications. These options are intended to
provide participants with flexibility to select
substitutions that better accommodate special
dietary needs as well as cultural and personal
preferences while still providing critical
nutrients.
The rule allows only unflavored milk and
specifies limits on added sugar for yogurt and
plant-based milk alternatives to better align
the WIC food package with the DGA, which
emphasize nutrient dense foods and
beverages that provide vitamins, minerals,
and other health-promoting components with
little or no added sugars. As noted in the
DGA, nutrient dense foods are particularly
82 Although currently an option (not a
requirement), all States and most ITOs already
authorize some kind of lactose-free milk, and,
therefore, the Department does not estimate an
additional cost attributable to this requirement.

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important during the first two years of life
when nutrient requirements are high relative
to body size, leaving virtually no room for
added sugars in the diet. The DGA also
recommend that beverages with no added
sugars be the primary choice for children to
assist in the establishment of healthy food
choices early in life. The revisions align with
CACFP provision of milks to children less
than 5 years of age.
Federal Budgetary Costs
Reducing the maximum monthly
allowance of milk and making the other
policy changes as described is estimated to
reduce WIC food costs by $118 million over
five years, representing a 2 percent decrease
of the estimated $4.94 billion that would
have been spent from FY 2025–2029 on milk
products in the absence of this rule (milk
spending is now estimated to be $4.82 billion
from FY 2025–2029 under this rule).
The decrease in costs is driven by the
decrease in the maximum monthly allowance
for milk in most food packages under the
rule. The savings associated with the
reduction in milk quantities are expected to

be partially offset by the changes to milk
substitution options (including the increase
in the amount of yogurt available for
substitution), which are expected to increase
both redemption rates and the composite unit
cost of milk and milk alternatives. To
estimate a composite unit cost for milk
redemptions that considers the combined
costs of redeeming milk amounts for fluid
milk, cheese, and yogurt, this analysis
derives a composite unit cost for milk
redemptions using the same approach that
NASEM applies in its report and updates
NASEM’s model with WIC unit cost data for
whole and reduced-fat milk (accounting for
lactose-free and plant-based substitutions,
see Table 7 notes below), cheese, and yogurt
from the WIC PC 2018 Food Costs Report.
NASEM’s composite milk cost model
represents ‘‘high-cost’’ substitution scenarios,
within allowable substitution limits for
cheese and yogurt, across food packages for
child, pregnant, postpartum, and
breastfeeding participants. The Department
applies current unit cost estimates to this
model, maintaining NASEM’s substitution

scenarios, and finds that, consistent with
NASEM, revisions under the rule are
expected to increase the composite unit cost
for the milk category across all food
packages, as shown below in Table 7. The
increase in this composite unit cost reflects
an expected shift towards an increase in the
proportion of milk that is substituted for
yogurt. The increase in yogurt redemptions,
relative to milk, is the combined result of
three factors: (1) reduction in quantity of
milk in most food packages, (2) an increase
in the amount of yogurt that participants are
allowed to substitute for milk, and (3)
increased flexibility in allowable yogurt
package sizes.
Cost estimates for milk also apply
NASEM’s assumptions about the impact of
the revisions on redemption rates. NASEM
estimates that the revisions under their
proposal, particularly the additional amount
of yogurt authorized for substitution, is
expected to increase redemption rates across
all food packages (see the appendix to the
RIA, Table A–10 for detailed redemption
rates).

TABLE 7—COMPOSITE UNIT PRICE FOR MILK AND MILK ALTERNATIVES IN CURRENT AND REVISED FOOD PACKAGES
Current
Food package

MMA
(qt)

IV–A ..................

16

IV–B ..................

16

V–A ...................

22

V–B ...................

22

VI ......................

16

VII .....................

24

Revised
Composite
cost
($/qt)

Substitution scheme
12 qt milk
gurt.
12 qt milk
gurt.
18 qt milk
gurt.
18 qt milk
gurt.
12 qt milk
gurt.
19 qt milk
gurt.

MMA
(qt)

Substitution scheme

Composite
cost
($/qt)

+ 1 lb cheese + 1 qt yo-

1.13

12

8 qt milk + 1 lb cheese + 1 qt yogurt

1.21

+ 1 lb cheese + 1 qt yo-

1.08

14

+ 0.5 lb cheese + 1.5 qt

1.11

+ 1 lb cheese + 1 qt yo-

1.01

16

+ 0.5 lb cheese + 1.5 qt

1.08

+ 1 lb cheese + 1 qt yo-

1.01

16

+ 0.5 lb cheese + 1.5 qt

1.08

+ 1 lb cheese + 1 qt yo-

1.08

16

+ 0.5 lb cheese + 1.5 qt

1.07

+ 1 lb cheese + 1 qt yo-

1.00

16

11 qt milk
yogurt.
13 qt milk
yogurt.
13 qt milk
yogurt.
13 qt milk
yogurt.
12 qt milk
gurt.

+ 1 lb cheese + 1 qt yo-

1.09

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Notes: Unit costs for milk come from the FY 2018 IRI Infoscan retail dataset and already account for the price of lactose-free milk. Adjustments to the unit cost for milk are also adjusted to account for substitutions of soy beverages based on data published in the 2018 WIC PC Food
Costs report, applying weights of 0.979 to whole milk and 0.021 to soy beverages for food package IV–A, 0.971 to reduced fat milk and 0.029 to
soy beverages in food package IV–B, 0.966 for milk and 0.034 for soy in food package V, 0.972 for milk and 0.028 for soy in food package VI,
and 0.959 for milk and 0.041 for soy in food package VII. Baseline, unweighted unit costs in 2018 (per ounce) were $0.027 for whole milk,
$0.025 for reduced-fat milk, $0.053 for soy beverages, $0.088 for yogurt, and $0.292 for cheese (Source: IRI Infoscan dataset analysis). Weighted unit costs for lactose-free milk are incorporated into the unit cost estimates for whole milk and reduced-fat milk.
Table adapted from NASEM Report (Appendix U, p. 950–955).
As of FY 2015 (the most recent data
available), flavored milk was only authorized
by three States and 14 Indian Tribal
Organizations—collectively covering only
around 3 percent of total WIC participants.
As a result, the provision to no longer allow
flavored milk is not expected to have a
significant impact on overall costs or
redemptions because this only represents a
policy change for a small proportion of
participants.
While this final rule adds additional plantbased milk substitution options, these
options are not expected to have a significant
impact on costs. It is expected that the vast
majority of participants opting for the newly
added plant-based milk alternatives (such as
oat and almond milk) would have otherwise
elected for the existing, similarly priced soy-

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based beverage or lactose-free milk options
under the current food packages. While these
options do importantly provide a new
pathway for participants with concurrent soy
and dairy allergies to access their full WIC
benefits in this category, the coexistence of
soy and dairy allergies is relatively rare, and
any additional redemption of benefits under
this accommodation would not be significant
from a cost perspective.83
83 Prevalence of soy allergy alone is estimated to
be about 0.27 percent of the general population.
See: Katz, Y., Gutierrez-Castrellon, P., Gonza´lez, M.
G., Rivas, R., Lee, B. W., & Alarcon, P. (2014). A
comprehensive review of sensitization and allergy
to soy-based products. Clinical reviews in allergy &
immunology, 46(3), 272–281. https://doi.org/
10.1007/s12016-013-8404-9.

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Juice
Summary of Changes
• Reduce juice amounts for child,
pregnant, postpartum, and breastfeeding
participants.
• Allow CVV juice substitution.
Context, Behavior Change, and Benefits
The reduction of juice in food packages for
child, pregnant, postpartum, and
breastfeeding participants better aligns the
food packages with the latest dietary
guidance and with the supplemental intent of
the Program. The current food packages
provide between 96 and 144 fluid ounces
(depending on participant category), or 40 to
107 percent of DGA-recommended limits for
juice. The reduced quantities will provide

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approximately 26 to 53 percent of DGArecommended limits.
The DGA emphasize the consumption of
whole forms of fruits and vegetables over
juice. While the DGA include 100 percent
juice as part of the fruit and vegetable food
category, it emphasizes whole fruit and a
variety of vegetables from all subgroups, it
places limits on juice amounts that should
contribute towards an overall dietary pattern,
and juice is not a recommended food. Also,
juice is neither a separate food category nor
a subgroup (like dark-green vegetables) in the
dietary patterns that Americans should
consume each day.
As noted by the NASEM committee, the
AAP recommends that most fruit intake
should be from whole fruit because whole
fruit also contributes fiber and other
important plant-based compounds that are
removed during fruit juice processing.
The option for CVV substitution of juice
aligns with both the AAP and DGA
recommendations and provides additional
flexibility to WIC participants by allowing
them to select from options that may better
meet their special dietary needs, cultural
needs, and personal preferences. These
changes will likely increase the consumption
of whole fruits and vegetables among
participants that prefer this substitution over
juice.
All juice offered through the WIC food
packages will be 64 fluid ounces, potentially
decreasing vendor burden by streamlining
options across food packages.
Federal Budgetary Costs
The reduction of juice in all food packages
accounts for an estimated net decrease of
$640 million in WIC food costs over five
years. This estimate also accounts for an
expected increase in the redemption rate of
the juice benefit as a result of the added $3
CVV juice substitution option, which slightly
offsets cost savings. Specifically, NASEM
estimates that the CVV substitution,
combined with the overall decrease in
amounts of juice issued, will increase the
redemption rate of juice by about 13 percent.
Applying NASEM’s estimate to current rates,
the Department estimates that redemption
rates for juice, including the $3 CVV juice
substitution, will increase from 63 percent in
2020 to 71 percent under the rule. Like the
estimates for infant jarred fruit and vegetable
redemptions, the estimated redemption rate
for juice in the revised food packages
accounts for both redemption of juice and
redemption of the $3 CVV substitution for
juice.
Legumes and Eggs
Summary of Changes
• Require both dry and canned legumes be
allowed.
• Add required and optional substitution
options for eggs.
• Add optional substitution options for
peanut butter.
Context, Behavior Change, and Benefits
As recommended by NASEM, this rule will
require State agencies to authorize dried and
canned legumes. Currently only dried
legumes are required, and it is a State agency
option to allow canned legumes. The NASEM

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committee noted that consumption of
legumes, a source of fiber, protein, B
vitamins, iron, zinc, and other nutrients, was
below recommended amounts across WIC
participant subgroups. To help address
under-consumption of this nutrient-rich
food, this provision will require State
agencies to authorize both dried and canned
legumes for WIC participants. State agencies
are currently only required to authorize dried
legumes, and allowing canned legumes is a
State agency option.84 Requiring canned
legumes will reduce burden for those
participants who currently do not have
access to canned legumes and who do not
have the time or ability to prepare dried
legumes.
Based on NASEM’s recommendations,
with modification, the final rule requires that
State agencies allow the substitution of eggs
with legumes or peanut butter when
individually tailoring food packages. The
rule also allows State agencies the option to
authorize tofu as a substitute for eggs. Like
eggs, legumes and peanut butter (to a lesser
extent) are sources of choline, and both are
sources of iron. Given iron’s role in growth
and development, the prevalence of
inadequate intake among the WIC
population, and the health consequences of
inadequate intake, offering foods with iron is
critical to WIC participants’ health.
In addition, peanut butter and legumes are
required foods in the food packages;
therefore, the Department anticipates no
additional administrative effort related to
identifying and authorizing these foods as
substitutes for eggs. Requiring peanut butter
and legumes as substitutes for eggs is
nutritionally appropriate, will not result in
increased administrative burden, and
increases equity in program delivery.
The rule also allows State agencies the
option to authorize tofu as a substitute for
eggs. Similar to eggs, tofu is a source of
choline. Appropriate food package tailoring
and nutrition education will need to address
other food sources of iron, especially for
participants determined to have low iron
levels.
A new provision in the final rule allows
State agencies the option to authorize nut
and seed butters as an alternative to peanut
butter when individually tailoring food
packages for children and women for
nutrition reasons (e.g., special dietary needs,
underweight, and cultural food preferences).
While NASEM did not recommend
alternative nut and seed butter substitutions,
comments overwhelmingly supported
allowing nut and seed butters as alternatives
to peanut butter. This added choice will
allow participants with peanut allergies the
ability to receive nutritionally appropriate
alternatives to peanut butter in their food
package.
84 According to the 2015 WIC Food Packages
Policy Options report, 85 percent of State agencies
authorized canned legumes in FY 2015. For more
information, see: Thorn, B., Huret, N., Bellows, D.,
Ayo, E., Myers, R., & Wilcox-Cook, E. (2015). WIC
Food Packages Policy Options Study II. Project
Officer: Grant Lovellette. Alexandria, VA: U.S.
Department of Agriculture, Food and Nutrition
Service, Office of Policy Support. Available online
at: https://www.fns.usda.gov/wic/wic-food-packagepolicy-options-ii.

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Federal Budgetary Costs
Requiring all State agencies to authorize
canned legumes is expected to increase food
costs by around $16 million over five years.
This increase in costs is the result of both an
estimated increase in the composite unit cost
of legumes and a slight increase in
redemption rates. The Department estimates
that requiring State agencies to authorize
canned legumes will slightly increase
redemption rates from 38 percent in 2020 up
to 39 percent under the rule. This increase
is less than the increase that NASEM projects
because NASEM’s estimate also considers the
effect of reducing the amounts of legumes
issued—which is not changed in this rule.
The estimated increase in redemption rates
for legumes is also small because this
provision only represents a policy change for
an estimated 15 percent of WIC
participants.85 Similarly, the expanded
availability of canned legumes to this group
of participants is also estimated to slightly
increase the composite unit price of legumes
from $2.57 in the current food package to
$2.62 under the rule as canned legumes are
generally more expensive than dry
legumes.86
Requiring that State agencies offer legumes
or peanut butter as a substitution for eggs is
not projected to have a significant impact on
food costs. Currently, participants are
prescribed legumes or peanut butter in
amounts that exceed the DGA recommended
amounts for the food subgroups these items
are within, and redemption rates for legumes
and peanut butter are some of the lowest
redemption rates among WIC food categories.
Substitutions are limited to participants with
an egg allergy, vegan participants, or for other
nutritional reasons determined by the State
agency. In 2018, only 1 percent of WIC
participants in a study sample representative
of 12 State agencies reported having an egg
allergy.87 The same study found only around
2 percent of participants reported being
vegetarian—although USDA does not have
data on prevalence of vegan diets among WIC
participants, data on the general U.S.
population suggest that vegan diets are even
85 Thorn, B., Huret, N., Bellows, D., Ayo, E.,
Myers, R., & Wilcox-Cook, E. (2015). WIC Food
Packages Policy Options Study II. Project Officer:
Grant Lovellette. Alexandria, VA: U.S. Department
of Agriculture, Food and Nutrition Service, Office
of Policy Support. Available online at: https://
www.fns.usda.gov/wic/wic-food-package-policyoptions-ii.
86 Composite unit price of legumes represents the
weighted average price per ‘‘allotment’’—either 16
ounces of dry beans, 64 ounces of canned beans, or
18 ounces of peanut butter. Replicating NASEM’s
analysis, weights of 0.5, 0.31, and 0.19 were applied
to peanut butter, dry beans, and canned beans,
respectively, in the composite unit cost for legumes
in the current food packages. To account for an
increase in canned bean purchasing, weights of 0.5,
0.29, and 0.21 are applied to peanut butter, dry
beans, and canned beans, respectively, under the
revised food packages.
87 Gleason, S., Wroblewska, K., Trippe, C., Kline,
N., Meyers Mathieu, K., Breck, A., Marr, J., &
Bellows, D. (2021). WIC Food Cost-Containment
Practices Study: Final report. U.S. Department of
Agriculture, Food and Nutrition Service. Available
at: https://www.fns.usda.gov/wic/wic-food-costcontainment-practices-study.

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less common than vegetarian diets.88
Therefore, while these policy changes
provide important substitution options, their
use is expected to be rare.
Allowing State agencies to offer other nut
and seed butters as substitutions for peanut
butter is also not projected to have a
significant impact on food costs. In 2018,
only 1 percent of WIC participants in a study
sample representative of 12 State agencies
reported having a peanut allergy.89
Furthermore, an internal USDA analysis of
NHANES 24-Hour Dietary Recall Data from
2017–2020 found that, among individuals
who report consuming any kind of nut butter,
94 percent of nut butter consumption is
peanut butter, 6 percent is almond butter,
and all other kinds of nut and seed butters
combined account for less than 1 percent of
nut and seed butter consumption. These data
points suggest that use of the nut and seed
butter substitution would be rare, even when
extended to participant preference and,
therefore, likely would not have a meaningful
impact on WIC food costs.
Fruit and Vegetables Forms and Varieties

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Summary of Changes
• State agencies required to authorize an
additional form of fruits and vegetables.
• Require vendors to stock at least 3
different vegetables.
• Expand what can be purchased with the
CVV.
Context, Behavior Change, and Benefits
As recommended by NASEM, the rule
requires State agencies to authorize fresh and
at least one other form (frozen, canned, and/
or dried) of both fruits and vegetables for the
food packages for child, pregnant,
postpartum, and breastfeeding participants
and require fresh and at least one other form
(frozen or canned) for the CVV substitution
for infant (ages 6 through 11 months) food
packages.
Currently, WIC State agencies are not
required, but may choose, to authorize other
forms of fruits and vegetables in addition to
fresh for child, pregnant, postpartum, and
breastfeeding participants. In 2021, only
eight of 89 State agencies did not authorize
a form other than fresh. Therefore, the
Department anticipates that the change will
have minimal impact on most State agencies,
while ensuring greater participant choice in
those State agencies currently not authorizing
other forms of fruits and vegetables.
Additionally, with the increase in the CVV,
having the option to buy other forms that are
not as perishable as fresh may encourage
fuller redemption and consumption of the
fruits and vegetables benefit.
As recommended by NASEM, the rule also
requires vendors to stock at least three
88 Gallup. ‘‘Snapshot: Few Americans Vegetarian
or Vegan.’’ August 1, 2018. Available at: https://
news.gallup.com/poll/238328/snapshot-fewamericans-vegetarian-vegan.aspx.
89 Gleason, S., Wroblewska, K., Trippe, C., Kline,
N., Meyers Mathieu, K., Breck, A., Marr, J., &
Bellows, D. (2021). WIC Food Cost-Containment
Practices Study: Final report. U.S. Department of
Agriculture, Food and Nutrition Service. Available
at: https://www.fns.usda.gov/wic/wic-food-costcontainment-practices-study.

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varieties of vegetables. Currently, vendors are
required to stock two varieties of vegetables.
NASEM recommended the requirement for
stocking a greater variety of vegetables as
opposed to fruits because its review noted
higher redemption of fruits compared to
vegetables in two State agencies.90 NASEM
also cited the lower intake of vegetables
(particularly in contrast to fruits) in all WIC
participant categories and recommended
increased stocking requirements for
vegetables.
Thus, the change is intended to increase
the purchase and consumption of vegetables
among WIC participants, particularly given
the increase to the value of the CVV, by
requiring vendors to offer more variety for
participants to select from. If participants
have more vegetables from which to select,
they may redeem their CVV for more
vegetables and increase their vegetable
consumption. In addition, the change is
intended to promote equity by ensuring all
participants, regardless of where they redeem
benefits, have access to a variety of
vegetables, while incurring minimal
additional burden on small vendors.
This revision could also have the spillover
effect of increasing general availability of
different types of vegetables in areas served
by small WIC vendors, as those additional
vegetable types will be available for retail
purchase by the general public.
This rule also finalizes the provision to
allow fresh herbs, to codify that State
agencies cannot exclude white potatoes from
purchase with the CVV, and to allow larger
sizes of packaged fresh fruits and vegetables.
The WIC CVV provides participants with
flexibility to purchase fruits and vegetables
that meet their dietary, taste, and cultural
preferences. Expanding CVV-eligible items
further to include fresh herbs and larger
packages of fruits and vegetables is intended
to encourage healthier dietary patterns and
support increased convenience. Increased
use of fresh herbs in diets can help enhance
the flavor of foods in place of added sugar,
fats, and sodium. Packaged fruits and
vegetables provide a more convenient option
for participants who see preparation time as
a barrier to consumption.
Federal Budgetary Costs
The requirement for State agencies to
authorize at least one additional form of
fruits and vegetables other than fresh, the
requirement that vendors stock at least three
varieties of vegetables, and expanding what
can be purchased with the CVV are not
expected to increase food costs in WIC. Both
provisions may incur some initial
administrative burden on State agencies and
vendors (as discussed in the Administrative
Impacts section below); however, these
administrative impacts are expected to be
minimal and short-lived. Furthermore,
because 81 out of 89 State agencies already
authorize at least one form of fruits and
vegetables other than fresh, the impact of this
90 Other data sources (e.g., WIC Infant and
Toddler Feeding Practices Study 2, available at
https://www.fns.usda.gov/wic/infant-and-toddlerfeeding-practices-study-2-fourth-year-report) also
find that intake of vegetables among WIC
participants is lower than the intake of fruits.

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provision will only impact a small number of
State agencies.
D. Impacts on Amounts of Food Groups
Issued
As described above, the changes to the WIC
food packages will improve the balance of
nutritious foods to align with
recommendations from NASEM, the 2020–
2025 DGA, and the AAP. The changes also
better reflect the supplemental nature of the
WIC food package. Table 8 and Table 9 below
summarize the estimated proportions of DGA
daily recommended intakes for child (ages 2
through 4 years) and for pregnant
participants, respectively, to provide
examples of the impacts of the rule on the
food package contents.
The 2020–2025 DGA identified average
daily food group intakes of vegetables,
seafood, and whole grains as falling below
the recommended intake ranges for women
and children across the general population.
The DGA and the AAP 91 also emphasize the
consumption of whole fruits and vegetables
over juice. A recent FNS study using 2011–
2016 NHANES data found that children
participating in WIC under the current food
package report overall inadequate intake
levels for vegetables, seafood, and whole
grains.92 The same study also found that
children participating in WIC are less likely
to consume any amount of whole fruits on a
given day than higher income children (73
compared to 93 percent), but are also
significantly more likely to consume 100
percent fruit juice (73 compared to 47
percent). As described in the previous
section, and illustrated in Table 8 and Table
9 below, this rule will help WIC participants
narrow these gaps in intake by improving the
ratio of whole grain relative to refined grains
and increasing the amounts of fish, whole
fruits, and vegetables available in the WIC
food packages.
To estimate the level of fruits relative to
vegetables that should be accounted for when
considering the proportion of DGA
recommendations provided in the WIC food
packages, NASEM based its estimates on the
assumption that 67 percent of the CVV is
typically spent on fruits while 33 percent is
spent on vegetables—based on data collected
from Wyoming and Texas at the time of
NASEM’s analysis. This ratio of CVV
redemption for fruits relative to vegetables is
consistent with more recent internal USDA
data collected from Ohio, Wyoming, and
Texas in 2018 as part of a forthcoming study
on CVV redemption patterns. Therefore,
USDA maintains NASEM’s assumptions on
91 Heyman MB, Abrams SA, AAP SECTION ON
GASTROENTEROLOGY, HEPATOLOGY, AND
NUTRITION, AAP COMMITTEE ON NUTRITION.
Fruit Juice in Infants, Children, and Adolescents:
Current Recommendations. Pediatrics.
2017;139(6):e20170967
92 Gleason, S., Hansen, D., & Wakar, B. (2021).
Indicators of diet quality, nutrition, and health for
Americans by program participation status, 2011–
2016: WIC report. Prepared by Insight Policy
Research, Contract No. GS–10F–0136X. Alexandria,
VA: U.S. Department of Agriculture, Food and
Nutrition Service, Office of Policy Support, Project
Officer: Michael Burke. https://www.fns.usda.gov/
wic/indicators-diet-quality-nutrition-and-healthamericans-program-participation-status-2011.

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations
relative CVV redemptions to the calculations
for fruit and vegetable coverage under the
current food packages in Table 8 and Table
9. However, USDA projects that the share of
vegetables to fruits purchased with the CVV
will even out at the increased CVV levels in
this rule.93 USDA estimates that 50 percent
of CVV spending will be used to purchase
fruits and 50 percent used to purchase
vegetables at the revised benefit levels.
The rule will decrease the amount of total
dairy and refined grains in the food packages

for child, pregnant, postpartum, and
breastfeeding participants. The decrease in
the proportion of refined grains is the result
of the revised whole grain breakfast cereal
requirements described above. This change
improves the balance between whole and
refined grains and aligns with DGA
guidelines that emphasize that at least half of
total grain intake should be in the form of
whole grains. The decrease in total dairy, as
described in the previous section, will better
align the food packages with the

supplemental nature of WIC. Although the
maximum monthly allowance for legumes
exceeds the DGA daily recommended intakes
for children and the allowance for peanut
butter exceeds daily recommended intakes
for children and women, USDA chose not to
decrease the amounts provided for either
food. This decision was made partly due to
market availability, as it is more difficult to
find package sizes for beans or peanut butter
that fall below the current maximum
allowances.

TABLE 8—PROPORTION OF 2020–2025 DGA-RECOMMENDED DAILY AMOUNTS OF FOOD GROUPS IN THE CURRENT AND
REVISED FOOD PACKAGES FOR CHILDREN AGES 2 THROUGH 4 YEARS ASSUMING FULL REDEMPTION: FOOD PACKAGE IV–B
WIC food category

DGA food group

Units/day

Total fruit ...............................
Juice, 100% ....................
Fruit (CVV) c ...................
Total vegetables ....................
Vegetables (CVV)d .........
Legumes .........................
Total dairy ..............................
Total grains ............................
Breakfast cereal .............
Breakfast cereal .............
Bread ..............................
Total protein foods ................

Total Fruit ..............................
...............................................
...............................................
Total Vegetables ...................
Vegetables (CVV) ..........
Legumes ........................
Total dairy .............................
Total grains ...........................
Refined grains .......................
Whole grains .........................
Whole grains .........................
Total protein foods ................
Nuts, seeds, and soy .....
...............................................
Meat, poultry, eggs ........
Seafood ..........................

c-eq ............
c-eq ............
c-eq ............
c-eq ............
c-eq ............
c-eq ............
c-eq ............
oz-eq ..........
oz-eq ..........
oz-eq ..........
oz-eq ..........
oz-eq ..........
oz-eq.
....................
oz-eq ..........
oz-eq ..........

Peanut butter ..................
Eggs ...............................
Fish ........................................

DGA
Daily
Intake a

Current

Revised

% of
DGA

WIC
MMA b

WIC
MMA b

% of
DGA

Change in
% of DGA
met c

1.25
0.63
0.63
1.50
1.50
0.07
2.50
4.50
2.25
2.25
..................
3.50

0.90
0.53
0.37
0.31
0.18
0.13
2.13
2.27
0.97
0.23
1.07
1.00

72
85
58
20
12
177
85
50
43
58
............
28

0.95
0.27
0.68
0.81
0.68
0.13
1.87
2.00
0.78
0.42
0.80
1.20

76
43
109
54
46
177
75
44
35
54

4
¥43
51
34
34
0
¥10
¥6
¥9
¥3

33

6

0.36
2.36
0.71

0.60
0.40
0.00

167
17
0

0.60
0.40
0.20

167
17
28

0
0
28

Notes: DGA = Dietary Guidelines for Americans; MMA = Maximum monthly allowance; c-eq = cup-equivalent; oz-eq = ounce equivalent.
a DGA daily intake recommendations based on a 1,300 calorie diet.
b For alignment with DGA daily intake recommendations, WIC MMA represented in terms of daily amounts rather than monthly.
c Change in % of DGA met is displayed as percentage point change.
d CVV MMA in current food package assumes 67 percent redeemed on fruits and 33 percent redeemed on vegetables; CVV MMA in revised
food package assume 50 percent redeemed on fruits and 50 percent redeemed on vegetables. CVV intake estimates are based on assumption
of fruit and vegetable unit cost of $0.55/cup-equivalent and $9 CVV in FY 2018, around the time of NASEM’s estimates, under current food package compared to unit cost of $0.61/cup-equivalent, accounting for inflation, and $25 CVV in revised package in FY 2024.

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TABLE 9—PROPORTION OF 2020–2025 DGA-RECOMMENDED AMOUNTS OF FOOD GROUPS IN THE CURRENT AND
REVISED FOOD PACKAGES FOR PREGNANT PARTICIPANTS ASSUMING FULL REDEMPTION: FOOD PACKAGE V–A
WIC food category

DGA food group

Units/day

Total fruit ...............................
Juice, 100% ....................
Fruit (CVV) c ...................
Total vegetables ....................
Vegetables (CVV) d ........
Legumes .........................
Total dairy ..............................
Total grains ............................
Breakfast cereal .............
Breakfast cereal .............
Bread ..............................
Total protein foods ................

Total Fruit ..............................
...............................................
...............................................
Total Vegetables ...................
Vegetables (CVV) ..........
Legumes ...............................
Total dairy .............................
Total grains ...........................
Refined grains .......................
Whole grains .........................
Whole grains .........................
Total protein foods ................
Nuts, seeds, and soy .....
...............................................
Meat, poultry, eggs ...............

c-eq ............
c-eq ............
c-eq ............
c-eq ............
c-eq ............
c-eq ............
c-eq ............
oz-eq ..........
oz-eq ..........
oz-eq ..........
oz-eq ..........
oz-eq ..........
oz-eq.
....................
oz-eq ..........

Peanut butter ..................
Eggs ...............................

93 USDA expects that fruit and vegetable
purchasing will be redeemed at closer to 50/50 split
at the revised CVV level. This projection is based
on the DGA coverage level for fruit in the current
food package and the expectation that participants

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DGA
Daily
Intake a

Current
WIC
MMA b

Frm 00065

Fmt 4701

% of
DGA

WIC
MMA b

% of
DGA

Change
in %
of DGA
met c

2.00
1.00
1.00
3.00
3.00
0.29
3.00
7.00
3.50
3.50
..................
6.00

1.05
0.60
0.45
0.47
0.22
0.25
2.93
1.73
0.97
0.23
0.53
1.60

52
60
45
16
7
88
98
25
28
22
............
27

1.50
0.27
1.23
1.48
1.23
0.25
2.13
2.80
0.78
0.42
1.60
1.93

75
27
123
49
41
88
75
40
22
58

22
¥33
78
34
34
0
¥23
15
¥5
36

32

6

0.71
4.43

1.20
0.40

168
9

1.20
0.40

168
9

0
0

would not exceed DGA recommended fruit intakes
under the higher CVV level (as would be the case
if fruit continued to account for 67 percent of CVV
redemption). If participants continued to use 67
percent of the increased CVV towards fruit and 33

PO 00000

Revised

Sfmt 4700

percent towards vegetables, then children ages 2 to
4 years would receive 109 percent of the DGA
recommended intake for fruits.

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TABLE 9—PROPORTION OF 2020–2025 DGA-RECOMMENDED AMOUNTS OF FOOD GROUPS IN THE CURRENT AND REVISED FOOD PACKAGES FOR PREGNANT PARTICIPANTS ASSUMING FULL REDEMPTION: FOOD PACKAGE V–A—Continued
WIC food category

Fish .................................

DGA food group

Units/day

Seafood .................................

oz-eq ..........

Current

DGA
Daily
Intake a

I

1.29

WIC
MMA b

I

0.00

Revised

% of
DGA

I

% of
DGA

WIC
MMA b
0

I

0.33

Change
in %
of DGA
met c

I

26

I

26

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Notes: DGA = Dietary Guidelines for Americans; MMA = Maximum monthly allowance; c-eq = cup-equivalent; oz-eq = ounce equivalent.
a DGA daily intake recommendations based on a 2,200 calorie diet.
b For alignment with DGA daily intake recommendations, WIC MMA represented in terms of daily amounts rather than monthly.
c Change in % of DGA met is displayed as percentage point change.
d CVV MMA in current food package assumes 67 percent redeemed on fruits and 33 percent redeemed on vegetables; CVV MMA in revised
food package assume 50 percent redeemed on fruits and 50 percent redeemed on vegetables. CVV intake estimates are based on assumption
of fruit and vegetable unit cost of $0.55/cup-equivalent and $11 CVV in FY 2018, around the time of NASEM’s estimates, under current food
package compared to unit cost of $0.61/cup-equivalent, accounting for inflation, and $45 CVV in revised package in FY 2024.
E. Administrative Impacts
Participant Burden
The rule is not expected to substantially
change the administrative burden on
participants. The general benefits and
requirements of the Program are not
changing. There will be a one-time burden on
participants, estimated to account for an
additional 5 minutes per participant, to
become familiar with the new food packages
and with new foods (e.g., nutrition education
around canned fish consumption). In
addition, the Department expects the revised
food packages may take longer to explain
than the current food packages on an ongoing
basis because it may take longer to explain
the expanded substitution options and
package size flexibilities—to account for this,
the Department estimates participants will
spend an additional 3 minutes learning about
the food package options at each certification
appointment.
WIC Local Agency Burden
The rule is not expected to substantially
change the long-term administrative burden
on local WIC agencies. The general benefits
and requirements of the Program are not
changing. The Department estimates there
will be a one-time 1-hour burden for local
agencies to attend State Agency provided
training on the food package changes. The
food package changes are also expected to
have both a short-term and ongoing impact
on the length of WIC appointments. There
will be a one-time burden on local WIC
agencies for helping WIC participants
become familiar with the new food package
and with new foods, which is estimated to
take local agencies about 5 minutes per
participant in the first year the food package
revisions are implemented (estimated to be
FY 2026). In addition, the Department
expects the revised food packages may take
longer to explain than the current food
packages on an ongoing basis because of the
additional food package size flexibilities and
additional substitution options—to account
for this, USDA estimates local agencies will
spend an additional 3 minutes explaining the
food packages at each WIC certification
appointment. The Department sought input
from FNS Regional Office staff in making
these estimates. The Department notes that
comments on this assumption were requested
in the proposed regulatory impact analysis,

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but no comments on the specifics of the
burden assumptions or calculations were
received.
WIC State Agency Burden
The general benefits and requirements of
the Program are not changing. However, the
rule includes additional requirements and
options for WIC-authorized foods that will
impact State agencies’ identification of foods,
substitutions, brands, and packaging
acceptable for use in the Program. The
Department estimates a slight increase (5 to
10% increase, or about 3 hours per State
agency) in the amount of time it takes
annually for State agencies to identify foods
that are acceptable for use in the Program in
their State. In addition, the Department
estimates 5 hours of training activities added
to the burden in the first year related to the
food package changes (this includes
attending FNS training, developing guidance
materials and providing other technical
assistance to local agencies). Also, there may
be a one-time burden on State WIC agencies
for programming the new food packages into
their MIS, but the Department expects that
these activities can be absorbed into existing
State WIC agency administrative processes
for system maintenance and program
administration, and the Department expects
that the long-term administrative burden on
State WIC agencies to be minimal. The
Department notes that comments on this
assumption were requested in the proposed
regulatory impact analysis, and none were
received.
Vendor Burden
The rule is not expected to change the
administrative burden on most vendors. The
general benefits and requirements of the
Program are not changing. There may be a
small one-time burden on small vendors if
they currently only stock two varieties of
vegetables, as the rule would require them to
stock at least three varieties of vegetables, but
the Department expects that the long-term
administrative burden on vendors will
remain substantially unchanged. The
Department notes that other provisions of the
rule may decrease burden, at least on some
vendors—for example, allowing 20 or 24
ounce package sizes for whole grain breads
may lessen the burden on small vendors that
have difficulty stocking the less common 16
ounce package size currently required by

PO 00000

Frm 00066

Fmt 4701

Sfmt 4700

WIC, or allowing canned legumes to be
stocked instead of dry legumes. Therefore,
the total burden change to the average vendor
will likely be minimal, though the burden
changes may vary from vendor to vendor.
The Department estimates that, as a result of
the one-time burden on vendors to stock
three varieties of vegetables, approximately
150 vendors will decide to discontinue
participation in the Program (out of
approximately 40,000 total vendors). This
estimate assumes that among vendors with
WIC redemptions in the bottom 10 percent
nationwide, those such as small convenience
stores that offer limited grocery items may
have the greatest difficulty stocking an
additional vegetable, and therefore would be
most likely to be impacted. The Department
notes that comments on this assumption
were requested in the proposed regulatory
impact analysis, and none were received.
Food Manufacturer Burden
The changes to the food packages were
selected to align with products currently
available on the market, so the Department
expects that the new food package
implementation to have exceedingly minimal
effects on food manufacturers’ need to
reformulate products or create new products
or package sizes. The Department expects
that most manufacturers will not have to
reformulate any products to meet the
requirements of this rule; in those rare cases
where minor reformulation or repackaging
may be necessary, USDA does not expect this
burden to be more pronounced than the
burden of regularly reviewing and
reformulating products within a competitive
marketplace, so USDA expects the long-term
administrative burden on food manufacturers
to remain substantially unchanged. The
Department notes that comments on this
assumption were requested in the proposed
regulatory impact analysis, and none were
received.
Administrative Costs
As described above, USDA expects most
administrative burden and costs associated
with this rule to be highly localized, most to
be one-time and minimal, and/or to be
absorbed within current programmatic
overhead. Specifically, USDA only expects
measurable administrative cost increases for
State agencies and local agencies to account
for the added time for the identification of

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authorized foods and for the explanation of
the food package changes to WIC
participants. USDA estimates total
administrative costs to State agencies and
local agencies to a one-time amount of about
$31.6 million in FY 2025.
A detailed accounting of the State agency
and local agency burden (OMB 0584–0043) is
provided in the annual burden adjustment
estimates published with this rule.
Information provided by FNS Regional Office
staff (with direct, routine contact with State
agencies) was used to determine the burden
estimates. In total, USDA estimates that each
of the 89 State agencies will spend an
additional 3 hours identifying acceptable
foods in the first year the provisions are
implemented, or about 267 total hours across
all State agencies. This increase in burden is

estimated to increase State agency
administrative costs by around $16,000 in FY
2025. As described above, State and local
WIC agencies are also expected to incur some
burden for training activities related to the
changes. The 5 hours estimated for State
agency training activities is estimated to
increase administrative costs by around
$27,000 while the 1 hour of training for each
of the 1,808 local agencies is estimated to
increase administrative costs by around
$99,000. USDA also estimates that in the first
year following the food package changes,
WIC staff at the local agency level will take
an additional 5 minutes per participant to
explain the food package changes to all
participants. Multiplying this time by the
over 6 million annual WIC participants,
accounts for approximately 572,000 add

burden hours at a cost of $31.4 million in FY
2025. As described above, the Department
also expects local agency staff will take an
additional 3 minutes to explain the options
in the revised food packages at each WIC
certification appointment on an ongoing
basis. While this is a small change at the
individual level, when applied to all
approximately 10 million WIC certifications
estimated per year, this additional staff time
is estimated to account for an additional $147
million in administrative costs over five
years. Taken together, the administrative
burden for State and local agency staff is
estimated to amount to 1,085,018 hours at a
total cost of $179 million over five years from
FY 2025 through FY 2029.

TABLE 10—ADMINISTRATIVE COSTS ASSOCIATED WITH STAFF BURDEN
Fiscal year
Additional
burden hours

Annual cost
(millions)
2025

2026

2027

Total
2028

2029

State Agency Staff Burden:
Identifying acceptable foods ...................................
State agency training activities ...............................
Local Agency Staff Burden:
Local agency training activities ...............................
Explaining food package changes (one-time) ........
Explaining revised food package options (ongoing)

267
445

$0.016
0.027

n/a
n/a

n/a
n/a

n/a
n/a

n/a
n/a

$0.016
0.027

1,808
572,282
510,216

0.099
31.485
28.070

n/a
n/a
$28.716

n/a
n/a
$29.376

n/a
n/a
$30.052

n/a
n/a
$30.743

0.099
31.485
146.956

Total .................................................................

1,085,018

59.698

28.716

29.376

30.052

30.743

178.584

ddrumheller on DSK120RN23PROD with RULES4

Notes:
Hourly labor costs are based on Bureau of Labor and Statistics (BLS) estimates for total compensation for FY2022 and inflated to FY 2025–FY
2029 according to the CPI–W projections in OMB’s economic assumptions for the FY2024 President’s Budget request.
State agency staff labor costs use BLS Hourly Total Cost of Compensation for all State and Local workers, series CMU3010000000000D,
available at: https://data.bls.gov/timeseries/CMU3010000000000D.
Local agency staff labor costs use BLS Hourly Total Cost of Compensation for state and local workers in healthcare and social assistance industries, series CMU3016200000000D, available at: https://beta.bls.gov/dataViewer/view/timeseries/CMU3016200000000D.
F. Participation Impacts
As noted in the above analysis, the
Department’s primary estimate includes a
shift of 5 percent of fully formula-fed infantmother dyads to partially breastfeeding
dyads, similar to the assumptions made in
the NASEM cost analysis. Other than the
shift towards increased breastfeeding under
the revised food packages (as described
above), NASEM projects the rest of their cost
neutral food package changes will not have
a meaningful impact on participation. This
final rule goes beyond NASEM’s cost neutral
recommendations for the CVV, so it is
reasonable to consider an additional
participation impact from this provision. The
Department expects that much of the
potential participation impact of the CVV on
participation will have already been realized
in FY 2022 through FY 2024, however, due
to the implementation of the higher CVV
amounts in those years. Nevertheless, it is
possible that this rule could have a modest,
conceptual participation impact by
sustaining the levels of participation seen in
FY 2022–FY 2023 and thus far in FY 2024
if compared to a hypothetical future in which
CVV values return to pre-2021 CVV levels.
Beyond FY 2023, the baseline and revised
costs presented in this analysis also both

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assume increases in WIC participation as a
result of ongoing efforts supported by the
$390 million in additional WIC funding
made available in the American Rescue Plan
Act of 2021 (ARPA, Pub. L. 117–2) to carry
out outreach, innovation, and program
modernization. Therefore, as described in the
baseline section above, it is difficult to
attempt to disentangle any single, potential
participation impact from several concurrent
factors that may be affecting WIC
participation.
The Department acknowledges that,
because the rule goes beyond NASEM’s cost
neutral recommendations (particularly in the
increases to the CVV), the rule may be more
likely to have an impact on participation.
Given planned efforts to increase
participation and retention under ARPA, as
described above, however, as well as the fact
that the CVV increases have already been
implemented in FY 2022, FY 2023, and FY
2024, the Department is uncertain at this
time how much of an increase in
participation may be attributable solely to the
rule. The Department presents additional
cost estimates in the Uncertainties section
below, which demonstrate how the cost of
the rule would be affected if participation

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Fmt 4701

Sfmt 4700

remains flat or increases compared to our
primary estimate.
G. Market Impacts
Generally, the changes made by this rule
attempt to align with products widely
available in the current marketplace and to
provide WIC participants with additional
choices to meet their cultural and personal
preferences, and special dietary needs, while
at the same time providing food packages
that supply appropriate, supplemental
amounts of key nutrient-dense foods. For
example, the package size flexibilities, and
the addition of canned legumes, milk
substitutions, forms of fruit and vegetables,
etc. are all designed to increase product
choice in line with products currently
available in the U.S. food marketplace and
should not result in additional burden on
food manufacturers. The Department
anticipates that the general impact of this
rule on the wider U.S. food market will be
small and easily absorbed by the competitive
marketplace. The Department notes that
comments on this assumption were requested
in the proposed regulatory impact analysis,
and none were received.
The dollar impacts of the rule on the
different food categories are presented in our

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primary estimate in Table 2d. For all food
categories, the Department expects that the
change in food purchases attributable to the
rule will comprise only a small fraction of
the total market for each food category in the
United States. For example, the Department
estimates that the total net change to the U.S.
baby food market will be less than $100
million over 5 years; however, the baby food
market in the United States was estimated to
be approximately $13 billion in 2018,
growing to $17 billion by 2026,94 so the
changes represent less than 0.2 percent of the
total U.S. baby food market over the estimate
period. Similarly, the U.S. canned fish
market was estimated to be approximately $5
billion in 2021, so the increase in fish
represents approximately 0.5 percent of the
total U.S. canned fished market. The changes
will cause even smaller impacts to the
breakfast cereal, grain, cheese, and fluid milk
markets—for example, an internal USDA
market analysis using IRI retail scanner data
estimates that the decrease in milk spending
represents 0.1 percent of the U.S. fluid milk
market; the decrease in cheese spending
represents 0.04 percent of the U.S. cheese
market; and the decrease in cereal spending
represents 0.02 percent of the U.S. cereal
market. The Department expects that the
competitive marketplaces for the various
food items will easily absorb the changes in
purchasing patterns attributable to this rule
without disruption or significant price
changes.
The two biggest cost provisions affect the
juice market (the decrease in juice) and the
fruit and vegetable market (the increase in
CVV value). Even in these instances, the
Department expects the competitive
marketplaces to absorb these changes with

minimal disruption. The U.S. juice market
was estimated to be $24 billion in 2021,
growing to $27 billion by 2026.95 Even
though the decrease in juice attributable to
WIC may seem substantial, it accounts for
only about 0.5 percent of the total U.S. juice
market over the estimate period; a separate,
internal USDA market analysis using IRI
scanner data estimated that the decrease in
juice spending will account for 0.8 percent of
the U.S. juice market. Furthermore, many
fruit juice manufacturers produce alternate
products that will be purchasable with the
CVV in many States (e.g., frozen fruits,
canned fruits, dried fruits, etc.), so many fruit
juice manufacturers will have the
opportunity to substitute at least some of the
decrease in spending on their juice products
with increased spending on other products.
Similarly, the Department anticipates that
the U.S. fruit and vegetable market is large
and varied enough to absorb the increased
purchasing power of the CVV with minimal
disruption (in reality, the U.S. fruit and
vegetable market has already absorbed the
increased purchasing power of the CVV with
minimal disruption, as the increase has been
in effect since FY 2022). The total size of the
U.S. fruit and vegetable market is more
difficult to estimate with non-proprietary
data sources (the Department did not have
access to the necessary proprietary data
sources on the U.S. fruit and vegetable
market when preparing this analysis);
however, ERS estimates that farm cash
receipts for ‘‘vegetables and melons,’’ ‘‘fruits
and nuts,’’ and ‘‘mushrooms’’ combined was
approximately $47 billion in 2020.96 The
value of the processed fruit and vegetable
market in North America may have been
approximately $90 billion in 2020.97 Just as

examples, the increase in the CVV value
would account, separately, for less than 2
percent of the value of farm cash receipts,
and for less than 1 percent of the processed
fruit and vegetable market.
The increase in economic activity
attributable to the rule will also increase
revenues to farmers, farmers’ markets (to the
extent that WIC participants choose to
redeem their additional CVV benefits at
farmers’ markets), food processors, food
distributors, and food retailers. The
Department does not attempt to estimate
separate direct or indirect effects for each of
these economic sectors, such an estimate
would be too complex and too uncertain to
estimate with precision.
H. Uncertainties
WIC Participation Trends
As stated above and outlined in Table 5,
the primary analysis assumes WIC
participation growth is consistent with
current projections. These estimates assume
an increase in participation through FY 2027
with slowing participation growth through
FY 2028 and FY 2029. Table 11, below,
compares the cost of the rule under current
participation projections compared to a
model that assumes flat WIC participation
across all categories between FY 2025 to FY
2029 (remaining flat at projected FY 2024
average participation of 6.85 million). As
shown below, the projected increase in
participation accounts for $187 million of the
food cost of the rule over five years. An
additional 1 percent participation growth
each year above our primary estimate would
increase food costs by an additional $148
million over five years.

TABLE 11—PROJECTED FOOD COST OF RULE BY PARTICIPATION CHANGE
Fiscal year
(millions)
2025
Additional Growth: Primary Analysis + 1% additional annual
growth per year between FY 2025 and FY 2029 ..................
Primary Analysis ........................................................................
No Growth: Flat WIC participation among all participant categories, FY 2025–2029 ..........................................................

2027

2028

2029

$1,056.04
1,045.75

$956.25
937.70

$989.80
961.14

$1,036.10
996.15

$1,057.33
1,006.49

$5,095.5
4,947.2

1,029.04

907.97

915.79

949.05

958.81

4,760.7

Compared to the current food packages
outlined in 7 CFR 246.10, the increase to the
CVV accounts for the largest share of the
costs associated with the rule, and as such,
even small variations in the model for the
CVV cost estimates can result in large
changes to the cost of the rule. Redemption
rates for all WIC-eligible foods, including the
CVV, vary by State agency and by month or
season. Redemption rate data is also
relatively new, as many States have only
fully implemented electronic benefits

transfer (EBT) in WIC over the past few
years.98 USDA does not yet have a routine
process in place for collecting EBT data on
an ongoing basis. There also remains some
uncertainty around how such a large increase
to the CVV amount will impact CVV
redemption rates. Preliminary data, described
earlier in this analysis, suggest that CVV
redemption rates in selected States have
remained close to typical levels even under
the temporary increase to a $35 CVV for all
participants authorized under ARPA. Based
on the data collected during the ARPA
temporary CVV increase, the Department

estimates in this analysis assume CVV
redemption rates will maintain at 71.6
percent in both the current and revised food
packages. Table 12, below, illustrates the
impact on the food cost of the rule if the
actual CVV redemption rate is just 3
percentage points higher or 3 percentage
points lower than the current projections. A
3-percentage point change in the CVV
redemption rate under this model is
estimated to account for a $233 million
change in the cost of the revised CVV benefit
amounts under this rule.

94 For more information, see https://www.allied
marketresearch.com/us-baby-food-market.
95 For more information, see https://
www.statista.com/outlook/cmo/non-alcoholicdrinks/juices/united-states.

96 See https://data.ers.usda.gov/
reports.aspx?ID=17845.
97 For more information, see https://www.gmin
sights.com/industry-analysis/processed-fruits-andvegetables-market.

98 EBT redemption data allows for analysis of
redemptions at the food item level. Prior to the
onset of EBT, data on redemption of paper WIC
food vouchers were generally limited to overall
redemption of WIC benefit values.

Cash-Value Voucher Redemption Rate

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Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

28555

TABLE 12—PROJECTED FOOD COST OF CVV INCREASE AT DIFFERENT REDEMPTION RATES
Fiscal year
(millions)
2024
Higher (+3): 74.6 percent ..........................................................
Current: 71.6 percent .................................................................
Lower (¥3): 68.6 percent ..........................................................

VI. Alternatives
Additional CVV Increase for Pregnant
Participants

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Some public comments requested that
USDA further increase the CVV for pregnant
participants to match the CVV for
breastfeeding participants. The amounts in
this rule reflect NASEM’s evidence-based
recommendations to provide approximately
half of the recommended daily amounts of
fruits and vegetables for each participant
group and are consistent with supplemental
amounts relative to the 2020–2025 DGA
recommendations for the applicable life
stages of WIC adult participants (postpartum,
pregnant, and lactating) based on the average
caloric needs of these various groups (2,000
kcal, 2,200 kcal, and 2,400 kcal,
respectively). Therefore, the Department does
not make the requested change in this final
rule. If the CVV value for pregnant
participants were increased to match the
levels for breastfeeding participants, then the
final rule would increase Federal spending
by an additional $119 million over five years
between FY 2025 and FY 2029.

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2025

$1,089.6
1,045.8
1,001.9

$982.8
937.7
892.6

2026
$1,008.0
961.1
914.3

Rounding CVV Up
USDA received public comments calling
for a change to the rounding procedure used
when adjusting the CVV for inflation as
described in § 246.16(j)(5). The commenters
suggested that the CVV be rounded up to the
nearest multiple of $1 instead of rounded
down as currently defined in regulations. In
their report, NASEM made no
recommendations regarding the rounding
procedures. The proposed rule did not
include any changes to the current rounding
procedures or request public comment. The
approach selected by FNS aligns with the one
used in the Supplemental Nutrition
Assistance Program (SNAP), which also
rounds inflation adjustments down to the
next multiple of $1 (7 CFR 273.10), as well
as the National School Lunch Program’s
national average payment rates, which are
rounded down to the nearest cent (7 CFR
210.4(b)). Therefore, the Department is not
making this change in this rule. If the CVV
were to be rounded up instead of rounded
down, beginning in FY 2025, this change
would increase the cost of the CVV changes
in this rule by a total of $234 million over
five years between FY 2025 and FY 2029.

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Total
2027

2028

$1,044.6
996.1
947.7

$1,055.5
1,006.5
957.5

$5,180.5
4,947.2
4,714.0

NASEM’s Proposed Fish and Legumes
Rotation
NASEM recommended adding canned fish
to the child, pregnant, postpartum, and
partially breastfeeding participant food
packages on a three-month rotation,
alternating with peanut butter and legumes.
The Department decided to reject this
alternative in favor of providing canned fish
to all pregnant, postpartum and breastfeeding
participants and most child participants
while keeping the existing peanut butter and
legume benefits.
In evaluating the three-month rotation
recommendation, the Department determined
that this would be too confusing to
participants and would be administratively
challenging to implement. There are
currently no WIC foods provided on a threemonth rotation. In addition, the cost
neutrality constraints that NASEM applied in
making its recommendations are outweighed
by the Department’s goals of promoting
nutrition security and equitable access to
foods.
Appendix: Detailed Cost Estimates
BILLING CODE 3410–30–P

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VerDate Sep<11>2014

Cost Difference, Revised vs. Baseline ($, millions)
2026

2027

2028

2029

Total

25.5
105.7

70.6

73.5

76.5

78.3

80.2

379.0

Total:

$ 1,045.8

$ 1,076.4

$ 1,116.9

$ 1,155.3

$ 1,169.4

$ 5,563.8

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VII

Baseline
Revised

13
53

71.6%
71.6%

9.31
37.95

I

22.9
93.5

23.3
96.8

23.7
100.2

25.5
103.8

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

ER18AP24.118

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Table A-1: Cash-Value Voucher (CW), Detailed Cost Estimate
Cost by Food Package ($, millions)
Baseline vs.
Food
Revised
RR
Redeemed
2025
2026
2027
2028
2029

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Table A-2: Canned Fish, Detailed Cost Estimate
Cost Difference, Revised vs. Baseline ($, millions)

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VII

Baseline
Revised

30
20

43.6%
43.0%

13.08
8.59

8.7
8.7

9.1
6.0

9.4

6.2

9.7
6.3

9.9
6.5
Total:

0.0
$ o.o

-3.1
$ 52.1

-3.2
$ 54.1

-3.3

$55.4

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

-3.4
$ 56.6

-13.1
$ 218.2

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09:00 Apr 18, 2024

Cost by Food Package ($, millions)
Food

28557

ER18AP24.500

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Cost Difference, Revised vs. Baseline ($, millions)

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VII

Baseline
Revised

0.00
0.00

0.0
0.0

0.0
0.0

0.0
0.0

0.0
0.0

0.0
0.0
Total:

0.0
$ o.o

0.0

0.0

0.0

0.0

$ 28.3

$ 29.4

$ 30.1

$ 30.8

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

ER18AP24.501

0.0
$118.5

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Table A-3: Infant Jarred Fruits and Ve_g_etables, Detailed Cost Estimate
Cost by Food Package($, millions)
Food
Baseline vs. MMA

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VerDate Sep<11>2014

Table A-4: Legumes, Detailed Cost Estimate
Baseline vs.
Revised

(unit)

RR

Redeemed

2025

2026

2027

2028

6.0

6.6

6.8

7.0

2029

Cost Difference, Revised vs. Baseline ($, millions)
2025

2026

2027

2028

2029

Total

0.0

0.3

0.3

0.3

0.3

1.2

' ~ ' , , ..a:_';;

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VII

2

39.2%

Total:

$ 0.0

$ 3.8

$4.0

$ 4.1

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
MMA for legumes is defined in terms of units, where 1 unit equals either: 18 oz. peanut butter, 16 oz. dried legumes, or 64 oz. canned legumes.
Figures may not sum due to rounding.

$ 4.2

$16.1

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

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Cost by Food Package ($, millions)
Food
-

28559

ER18AP24.502

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28560

VerDate Sep<11>2014

Table A-5: Infant Meats, Detailed Cost Estimate
Baseline vs.

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Total:

$ o.o

-$ 3.8

-$ 4.0

-$ 4.1

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

ER18AP24.503

-$ 4.1

-$16.0

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Cost Difference, Revised vs. Baseline ($, millions)

Cost by Food Package($, millions)
Food

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Table A-6: Breakfast Cereal, Detailed Cost Estimate
Baseline vs.

MMA

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18APR4

VII

36

45.5%

10.2

10.5

11.2

11.4
Total:

0.0

$ o.o

-0.1

-$ 2.1

-0.1

-$ 2.2

-0.1

-$ 2.3

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

-0.1

-$ 2.3

-0.3

-$ 9.0

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Cost Difference, Revised vs. Baseline ($, millions)

Cost by Food Package($, millions)
Food

28561

ER18AP24.504

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28562

VerDate Sep<11>2014

Table A-7: Infant Formula, Detailed Cost Estimate
Baseline vs.

MMA

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VII

0.0

0.0

0.0
0.0
0.0
Total (pre-rebate):
Total (post-rebate):

$ 0.0
$ 0.0

$ 6.6
$ 1.5

-$ 49.6
-$ 11.4

0.0

0.0

-$ 50.8
-$ 11.7

-$ 51.9
-$ 11.9

0.0

-$ 145.7
-$ 33.5

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate. Figures may not sum
due to rounding. Formula costs reflect shift of 5 percent of infant-mother dyads from fully formula fed to partially breastfed food packages one year after implementation.

ER18AP24.505

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Cost Difference, Revised vs. Baseline ($, millions)

Cost by Food Package($, millions)
Food

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Table A-8: Cheese, Detailed Cost Estimate
Cost Difference, Revised vs. Baseline ($, millions)

MMA

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VII

Baseline
Revised

16
0

62.1%
0.0%

9.94
0.00

8.4
8.4

8.7
0.0

9.1
0.0

9.3
0.0

9.5
0.0
Total:

0.0

$ o.o

-8.7
-$ 8.7

-9.1
-$ 9.1

-9.3
-$ 9.3

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

-9.5
-$ 9.5

-36.6
-$ 36.6

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09:00 Apr 18, 2024

Cost by Food Package ($, millions)
Food

28563

ER18AP24.506

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28564

VerDate Sep<11>2014

~~~~~

Cost Difference, Revised vs. Baseline ($, millions)
2026

2027

2028

2029

Total

0.0

7.2

7.5

7.6

7.8

30.1

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VII

Baseline
Revised

16
48

44.0%
49.8%

7.041
23.91

4.4
4.4

4.6
11.8

4.8
12.2

4.9
12.5

5.0
12.8
Total:

$ 0.0

-$ 5.2

-$ 5.4

-$ 5.6

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

ER18AP24.507

-$ 5.7

-$ 21.9

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Table A-9: Whole Wheat/Whole Grain Bread, Detailed Cost Estimate
Cost by Food Package ($, millions)
Food
Baseline vs.
RR
Redeemed
2025
2026
2027
2028
2029
,.,.,..,,..,,.,..,,,,;;;..,,.,,,,.,_,,_,,..,Revised

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Cost Difference, Revised vs. Baseline ($, millions)
2025

2026

2027

2028

2029

Total

~~:4r,~,r~'~~=~

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VII

Revised

16

43.8

39.9

41.5

42.5

43.5
Total:

0.0
$ 0.0

-5.6

-5.8

-6.0

-6.1

-23.5

-$ 28.1

-$ 29.2

-$ 29.9

-$ 30.6

-$ 117.7

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Table A-10: Milk and Milk Alternatives, Detailed Cost Estimate
Cost by Food Package($, millions)
Food
Baseline vs.
RR
Redeemed 2025
2026
2027
2028
2029
~~~;;;,-~=~ Revised

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate

28565

ER18AP24.508

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VerDate Sep<11>2014

Table A-11: Infant Cereals, Detailed Cost Estimate
Baseline vs.

MMA

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Total:

$ o.o

-$ 23.7

-$ 24.6

-$ 25.2

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

ER18AP24.509

-$ 25.8

-$ 99.3

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

09:00 Apr 18, 2024

Cost Difference, Revised vs. Baseline ($, millions)

Cost by Food Package($, millions)
Food

ddrumheller on DSK120RN23PROD with RULES4

Cost by Food Package ($, millions)
Food

Baseline vs.
Revised

RR

Redeemed

2026

2027

2028

2029

14.4
14.4

15.0
7.5

15.6
7.8

16.0
8.0

16.3
8.2

2025

2026

2027

2028

2029

Total

0.0

-7.5

-7.8

-8.0

-8.1

-31.4

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Cost Difference, Revised vs. Baseline ($, millions)

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18APR4

VII

Baseline
Revised

144
64

63.2%
71.3%

91.01
45.65

I

Total:

$ o.o

-$ 152.7

-$158.8

-$162.4

Notes: FF= formula fed; BF/FF= partially (mostly) breastfeeding; BF= fully breastfeeding; MMA = maximum monthly allowance; RR= redemption rate
Figures may not sum due to rounding.

-$166.2

-$ 640.1

Federal Register / Vol. 89, No. 76 / Thursday, April 18, 2024 / Rules and Regulations

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09:00 Apr 18, 2024

BILLING CODE 3410–30–C

VerDate Sep<11>2014

Table A-12: Juice, Detailed Cost Estimate

28567

ER18AP24.128