[Federal Register Volume 91, Number 120 (Wednesday, June 24, 2026)]
[Rules and Regulations]
[Pages 37779-37784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12700]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 120 / Wednesday, June 24, 2026 /
Rules and Regulations
[[Page 37779]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Administration
7 CFR Chapter II
[FNS-2022-0007]
RIN 0584-AE82
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC): Revisions in the WIC Food Packages; Delay of Vitamin D
in Yogurt Implementation Date and Technical Corrections
AGENCY: Food and Nutrition Administration (FNA), USDA.
ACTION: Final rule; technical corrections.
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SUMMARY: On April 18, 2024, the Food and Nutrition Administration (FNA)
published a final rule that revised the WIC food package regulations.
The final rule contained incorrect table entries. This rule corrects
those tables. In addition to the corrections, this rule extends the
implementation date for WIC State agencies to meet the vitamin D
fortification requirement for yogurts by 36 months. The extension is
due to limited marketplace availability of acceptable yogurts, as
described in the SUPPLEMENTARY INFORMATION section.
DATES: This rule is effective on June 24, 2026.
FOR FURTHER INFORMATION CONTACT: Allison Post, Chief, Administration,
Benefits, and Certification Branch, Policy Division, Food and Nutrition
Administration, USDA, 1320 Braddock Place, Alexandria, Virginia 22314,
(703) 305-2746 OR [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
On April 18, 2024, the Food and Nutrition Administration (FNA)
published a final rule titled Special Supplemental Nutrition Program
for Women, Infants, and Children (WIC): Revisions in the WIC Food
Packages (referred to herein as the 2024 final rule).\1\ The 2024 final
rule contained incorrect table entries in Table 4 to 7 CFR
246.10(e)(12) and set the implementation date for a new provision
specifying a minimum yogurt vitamin D fortification as April 19, 2027.
This rule corrects the table entries and extends the yogurt vitamin D
fortification implementation date by 36 months, to April 19, 2030. The
following sections provide additional rationale for these changes.
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\1\ 89 FR 28488 (April 18, 2024).
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This is a final rule, which will become effective upon publication.
Pursuant to the Administrative Procedure Act's exceptions on matters
relating to public benefits, the minor updates in this rule are
excepted from a notice and comment period and a 30-day deferred
effective date.\2\ In its entirety, this rule does not change any WIC
policy or require advance notice for WIC State agencies to implement.
The corrections to Table 4 to 7 CFR 246.10(e)(12) are not substantive,
as explained in Section II. Extending the implementation date for the
yogurt vitamin D provision does not require policy change and
alleviates a restrictive deadline that many State agencies cannot
realistically meet without limiting program benefits, as explained in
Section III. Therefore, this rule is effective upon publication to
avoid potential disruptions to WIC State agencies' ability to provide
program benefits to participants.
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\2\ 5 U.S.C. 553(a)(2).
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II. Correction to Table 4 to 7 CFR 246.10(e)(12)
The 2024 final rule inadvertently added the word ``whole'' in Table
4 to 7 CFR 246.10(e)(12) preceding the types of cow's milk and goat's
milk that must contain a prescriptive amount of vitamin D and vitamin
A. The published entries mistakenly read ``Whole, reduced fat, low-fat
and nonfat'' cow's milk and goat's milk. With this correction in the
cow's milk category, the correct table entry reads ``All 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).'' In the goat's milk category,
the correct entry reads, ``All 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).'' Removing
the word ``whole'' from Table 4 does not impact the inclusion of whole
milk in the WIC food packages. It only removes the requirement to
fortify whole milk since this milk type naturally includes vitamin D
and vitamin A.
This rule also corrects a few typographical errors found in Table 4
and deletes a redundant sentence in footnote 14.
III. Extension of Implementation Date for Yogurt Vitamin D
Fortification
State agencies have the option to provide yogurt as a milk
substitute in the WIC food packages for child and woman participants.
The 2024 final rule added a requirement that authorized yogurts (dairy-
and plant-based) must contain a minimum of 106 IU (2.67 micrograms) of
vitamin D per 8 ounces of yogurt. When FNA received public comments on
this provision in the proposed rule,\3\ industry commenters requested
an extended implementation date to allow time for manufacturers to
reformulate products. In response to this feedback, and to allow time
for WIC State agencies to review products once available and update all
necessary systems, FNA set the implementation deadline for this
provision as April 19, 2027, 12 months later than the other provisions
in the 2024 final rule.
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\3\ 87 FR 71090 (Nov. 21, 2022).
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This rulemaking further extends the compliance deadline for State
agencies to ensure that the yogurt provided in the WIC food packages is
fortified with vitamin D amounts found in Table 4 to 7 CFR
246.10(e)(12) by an additional 36 months, to April 19, 2030. This
rulemaking does not change the underlying regulation or any related
policy. Industry partners have indicated to FNA that reformulating
yogurt products to meet the vitamin D specification is taking longer
than anticipated. Given the limited marketplace availability of vitamin
D-fortified yogurts, most State agencies would need to remove yogurts
from their approved food list (AFL) to meet the 2027 implementation
deadline, resulting in fewer supplemental food options for WIC
participants and potential for inadequate consumption of the critical
nutrients provided through a complete WIC food package. State agencies
will also need to update their
[[Page 37780]]
Management Information System (MIS) to adjust WIC food package
issuance, communicate any updates to local agencies and vendors, and
review any changes to benefits with participants. FNA expects that
yogurt producers will be able to reformulate their products by 2030 to
meet the federal minimum vitamin D requirement. If industry
reformulates on a faster timeline and allowable products become
available on the commercial marketplace, State agencies have the option
to implement the vitamin D requirement at any time prior to the
deadline. Therefore, extending the implementation deadline for this
provision to 2030 avoids unnecessary administrative work for State
agencies and potential disruptions to benefits. This extension also
aligns with directives from the House of Representatives and Senate
Appropriations Committees, as given in reports that accompanied the
Continuing Appropriations, Agriculture, Legislative Branch, Military
Construction and Veterans Affairs, and Extensions Act, 2026 (P.L. 119-
37).4 5
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\4\ H. Rept. 119-172--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND
DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS BILL, 2026,
H. Rept.119-172, 119th Cong. (2025), https://www.congress.gov/committee-report/119th-congress/house-report/172.
\5\ S. Rept. 119-37--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND
DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS BILL, 2026,
S. Rept.119-37, 119th Cong. (2025), https://www.congress.gov/committee-report/119th-congress/senate-report/37/1.
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Procedural Matters
Executive Order 12866
Under Executive Order 12866, as amended, agencies must assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, select regulatory approaches that maximize net
benefits. The correction and extended implementation timeline described
in this rule was reviewed by the Office of Management and Budget (OMB)
and determined to be significant. As required, the Department developed
an economic summary to describe the consideration of costs and benefits
of these actions.
Economic Summary
As required for all rules that have been designated as significant
by OMB, the following economic summary was developed for this final
rule.
Need for Action: Throughout the rulemaking process, manufacturers
and industry groups expressed a willingness to meet the new vitamin D
fortification requirement by the 36-month deadline of April 19, 2027,
set in the 2024 final rule, but some entities have since stated a need
for additional time to reformulate products. As such, this correction
extends this deadline by another 36 months to April 19, 2030, which
also responds to the direction given in the House of Representatives
and Senate Appropriations Committee reports that accompanied the
Continuing Appropriations, Agriculture, Legislative Branch, Military
Construction and Veterans Affairs, and Extensions Act, 2026 (P.L. 119-
37).6 7
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\6\ H. Rept. 119-172 (2025).
\7\ S. Rept. 119-37 (2025).
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The corrections to the text in Table 4 and footnote 14 described
above are typographical in nature and do not impact the intent of those
sections of the 2024 final rule and thus are not considered in the
benefits and costs described below.
Benefits: Many commonly purchased WIC-approved yogurt products
already meet the updated vitamin D requirement. However, some products,
and particularly many popular Greek yogurts in the marketplace, do not
meet the vitamin D requirement. Extending the implementation deadline
for the vitamin D requirement for yogurt by another 36 months will
allow manufacturers additional time to reformulate and relabel products
that they wish to maintain as WIC-eligible foods. In the short term,
this extension serves to mitigate potential disruptions for WIC
participants and WIC State agencies by maintaining the wide variety of
yogurt choices currently available until more products are reformulated
to meet the requirement. In the long term, by being responsive to
recent manufacturer concerns, the Department expects that this
extension will improve marketplace availability of vitamin D-fortified
yogurt across a wider range of products--which in turn promotes
consumer choice and greater vitamin D intake for both WIC and non-WIC
shoppers.
Costs: Because this regulatory action simply extends the
implementation timeline and otherwise does not change the fortification
requirement itself, the Department does not expect this extension will
have a significant impact on costs to any affected parties including
manufacturers, retailers, WIC State agencies, or participants.
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 small entities. Pursuant to that review, it has
been certified that this rule would not have a significant impact on a
substantial number of small entities.
This final rule primarily affects WIC State agencies by removing a
restrictive deadline that some State agencies cannot realistically meet
without limiting program benefits. The Department does not expect this
change to have a significant impact on small State agencies because it
will not result in operational changes.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has not found that
this rule meets the criteria of 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 $100 million
or more (adjusted annually for inflation) 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 $100 million or more
(adjusted annually for inflation) 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 Number 10.557 and is subject to Executive Order 12372, which
requires intergovernmental consultation with State and local officials
(see 2 CFR chapter IV).
[[Page 37781]]
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 unless so specified in the Effective Dates section
of the final rule. Prior to any judicial challenge to the provisions of
the final rule, all applicable administrative procedures must be
exhausted.
Civil Rights Impact Analysis
FNA has reviewed the final rule, in accordance with the Agriculture
Improvement Act of 2018, ``2018 Farm Bill,'' Section 12403, Civil
Rights Analyses, to identify and address any major civil rights impacts
the final rule might have on participants of specific groups. The
changes in the rule are intended to avoid any impact on State and local
agencies, Indian Tribal Organizations (ITOs), and WIC participants that
would be caused by an earlier implementation deadline for the yogurt
vitamin D specification. This final rule will eliminate the need for
State agencies to remove yogurts from their approved foods lists while
industry partners continue to reformulate their products.
FNA will notify State agencies when this final rule is to be
published and will provide technical assistance as needed to ensure
that participants do not experience any disruption to their WIC
benefits. State agencies will notify local agencies of the final rule
publication. Participants should see no change in benefits. After
reviewing the potential impacts, FNA does not anticipate that extending
the yogurt vitamin D fortification implementation date would result in
civil rights impacts on specific groups of WIC participants and
applicants.
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. FNA is unaware of any current
Tribal laws in conflict with this rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR
1320) requires 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.
This rule does not contain new or revised information collection
requirements subject to the Paperwork Reduction Act. All information
collection requirements referenced in this rule are already 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: 8/31/2027).
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
to promote the use of the internet and other information technologies
to provide increased opportunities 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, the Food and Nutrition Administration amends 7 CFR
chapter II by making the following technical corrections:
CHAPTER II--FOOD AND NUTRITION ADMINISTRATION, DEPARTMENT OF
AGRICULTURE
0
1. Under the authority of the Reorganization Plan No. 2 of 1953 (5
U.S.C. app.; 7 U.S.C. 2201 note) and the Department of Agriculture
Reorganization Act of 1994 (Pub. L. 103-354), revise the heading for
chapter II to read as set forth above.
PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS
AND CHILDREN
0
2. The authority citation for part 246 continues to read as follows:
Authority: 42 U.S.C. 1786.
0
3. Amend Sec. 246.10 by revising table 4 to paragraph (e)(12) to read
as follows:
Sec. 246.10 Supplemental foods.
* * * * *
(e)* * *
(12) * * *
[[Page 37782]]
Table 4 to Paragraph (12)--Minimum Requirements and Specifications for
Supplemental Foods
------------------------------------------------------------------------
Categories/foods Minimum requirements and specifications
------------------------------------------------------------------------
WIC FORMULA: .........................................
Infant Formula............... 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.
Exempt Infant Formula........ 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.
WIC-eligible Nutritionals \1\ 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:
Cow's Milk \2\............... 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).
All 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).
Goat's Milk.................. Must be pasteurized. Only unflavored milk
is permitted. May be fluid, shelf-
stable, evaporated, or dry (i.e.,
powdered).
All 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).
Plant-based Milk Alternatives 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 IU vitamin A, 100 IU (2.5
[micro]g) 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.
Cheese....................... 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.
Plant-based Cheese Must contain a minimum of 250 mg of
Alternatives. calcium and 6.5 g of protein per 1.5
ounces. Plant-based curd cheeses are not
authorized.
Yogurt (cow's milk).......... 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.
Plant-based Yogurt Must contain <=16 g of added sugars and a
Alternatives. 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.
Tofu......................... Must contain a minimum of 100 mg of
calcium per 100 g of tofu. May not
contain added fats, sugars, oils, or
sodium.
JUICE........................ 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.
EGGS......................... 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.
[[Page 37783]]
BREAKFAST CEREAL (READY-TO- Must contain a minimum of 28 mg iron per
EAT AND INSTANT AND REGULAR 100 g dry cereal.
HOT CEREALS). Must contain <=21.2 g of added sugar per
100 g dry cereal (<=6 g per dry oz.).
75 percent of cereals on the State agency
authorized food list must contain whole
grain as the first ingredient.
FRUITS AND VEGETABLES (FRESH Any variety of fresh (as defined by 21
AND PROCESSED) \3\ \4\ \5\ CFR 101.95) whole or cut fruit without
\6\ \7\ 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, WHOLE .........................................
GRAIN BREAD, AND WHOLE GRAIN
OPTIONS:
Bread........................ 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\
Whole Grain Options.......... 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 & align 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.
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).
FISH (CANNED) \4\............ 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.
MATURE LEGUMES, PEANUT .........................................
BUTTER, AND PEANUT BUTTER
SUBSTITUTIONS:
Mature Legumes (dry beans and Any type of mature dry beans, peas, or
peas) \10\ 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................ 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.
[[Page 37784]]
Nut and Seed Butters......... 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 FOODS: .........................................
Infant Cereal................ Infant cereal must contain a minimum of
45 mg of iron per 100 g of dry
cereal.\12\
Infant Fruits................ 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\
Infant Vegetables............ 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\
Infant Meat.................. 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\
------------------------------------------------------------------------
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 this table 4. 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.
\15\ Infant food combinations (e.g., meat and vegetables) and dinners
(e.g., spaghetti and meatballs) are not allowed.
* * * * *
Signed:
Shiela Corley,
Acting Administrator.
[FR Doc. 2026-12700 Filed 6-23-26; 8:45 am]
BILLING CODE 3410-30-P