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WIC Food Packages - Frequently Asked Questions
I. OVERVIEW(See
http://www.nal.usda.gov/wicworks/Learning_Center/Food_Package_PR.html
) II. IMPLEMENTATION OF THE NEW FOOD PACKAGES
III. FARMERS AND FARMERS’ MARKETS
IV. CASH-VALUE VOUCHER
top
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Canned hominy (without added sugar, fats, oils) |
Yes |
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Canned tomato sauce and tomato paste (without added sugar, fats, oils) |
Yes |
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White and red yams (in addition to orange) |
Yes |
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Mixed vegetables containing beans |
Yes |
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Mixed vegetables containing potato |
No |
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Dried white potatoes |
No |
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Mixed vegetables containing noodles, nuts or sauce packets |
No |
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Salsa (without added sugar, fats, oils) |
Yes |
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Spaghetti sauce (without added sugar, fats, oils or meat) |
Yes |
j. How can I tell if WIC-eligible processed fruits and vegetables
have no added sugar, salt, fat, or oils?
To determine whether or not sugar, salt, fat, or oils have been added
to processed fruits and vegetables, State agencies should review the
product's ingredient list. If sugar, salt, fat, or oils have been added
to the food during processing, they will be listed as ingredients. Using
the Nutrition Facts Label is not appropriate for this purpose because
some foods may naturally contain sugar, sodium, or fat, which would be
reflected in the Nutrition Facts label.
k. What are other names for added “sugar” in processed fruits and
vegetables that we should be looking for?
Other names for added sugars include: corn syrup, high-fructose corn
syrup, maltose, dextrose, sucrose, honey, and maple syrup. Fruits packed
in juice or with added fruit juice concentrate are allowed.
l. Some foods like canned sweet peas have some sugar added for
processing purposes, not as added sweeteners. Are these allowable foods
under the "no added sugar" restriction?
It has come to the attention of the Food and Nutrition Service that
the requirement for "no added sugar" in canned vegetables may exclude
some commonly consumed foods from WIC State food lists. We have learned
from the Food and Drug Administration that small amounts of sugar are
added to some foods that are naturally sugar-containing during the
canning process to prevent stress resulting in membrane rupture (i.e.
sweet peas). This small amount of added sugar is minimal and helps to
maintain the quality and structure of the food. To encourage greater
variety in food choices in the WIC food packages, canned vegetables that
contain a small amount of sugar for processing purposes, such as plain
canned sweet peas and corn, are allowed. (See also the FAQ related to
canned beans under “LEGUMES.”)
*m. What is considered an herb or spice?
The intent of the interim rule is to disallow herbs primarily used as
flavoring ingredients. The following herbs are not authorized:
Anise
Basil
Bay leaves
Caraway
Chervil
Chives
Cilantro
Dill
Fenugreek
Horseradish
Lemon grass
Marjoram
Mint
Oregano
Parsley
Rosemary
Sage
Savory
Tarragon
Thyme
Vanilla bean
*This list is not exhaustive. For items not on this list, it is up to the State agency to determine what to consider an herb or spice, knowing that the intent of the interim rule is to disallow produce primarily used as flavoring ingredients, and the purpose of the CVV is for participants to purchase fruits and vegetables to increase the number of these foods in their diets. The decision about what to consider and herb or spice is one that should be made by the State agency in consultation with their nutritionists.
n. Are platters containing a variety of cut up fruit but no dips
considered party trays?
FNS considers a party tray as a platter of fresh fruits and/or
vegetables (with or without dips) as something that is marketed as a
prepared party tray, meant to be purchased and served to a group of
people at a gathering or a party. Party trays are not allowed to be
purchased with the cash-value voucher.
o. Can State agencies disallow organic fruits and vegetables?
State agencies may not disallow organic fruits and vegetables
purchased with the cash-value voucher. The cash-value voucher may be
redeemed for any eligible fruit and vegetable (refer to Table 4 of
§246.10(e)(12) of the interim rule and its footnotes). States may not
impose further restrictions on eligible fruit and vegetables.
State agencies continue to have the authority to disallow, for
administrative purposes, organic forms of WIC-eligible foods provided
via the regular food instrument.
*p. If we choose to authorize canned and/or frozen vegetables, must
we identify all products in that category that meet the requirements in
the interim rule? We would like to authorize the most commonly used and
easily identified canned and frozen products.
If the State agency chooses to authorize canned or frozen fruits and
vegetables, it must authorize all eligible frozen or canned fruit and
vegetables (refer to the Table 4 of §246.10(e)(12) of the interim rule
and its footnotes). The purpose is to offer a wide variety of fruits and
vegetables for participants to choose from. However, vendors need not be
expected to carry all eligible fruits and vegetables. Thus, the State
agency may require only the most commonly used and easily identified
canned and frozen products when establishing the minimum variety and
quantity standard per §246.12(g)(3)(i).
a. Are lactose-reduced and lactose-free milk allowed? Is medical documentation required for participants to receive lactose-reduced and lactose-free milk?
These milks are allowed without medical documentation.b. Are flavored soy-based beverages that meet the nutrient standards allowed?
Yes.c. Are we allowed to provide low-fat milk to a child who is between 13-23 months of age if medical documentation is provided?
No. There is no provision in the rule allowing children between the ages of 13-23 months of age to receive low-fat milk, even with medical documentation.*d. The interim rule states that FNS is aware of at least one soy-based beverage in the marketplace that meets the established nutrient standards. Can you tell us the name of that product?
The Supplemental Food Programs Division (SFPD) has formally reviewed two products submitted by manufacturers and found them to be eligible based upon the information submitted by the manufacturer.• A reformulated version of 8th Continent Soymilk Original. The manufacturer has informed FNS that the reformulated version of the product (which meets our requirements) will be available on the West coast starting in June 2009. This schedule will also apply to any key accounts in the East who may need the product sooner than national launch. The reformulated product will be available nationwide in August 2009.
• Pacific’s Ultra Soy Plain and Ultra Soy Vanilla. The manufacturer has noted that they have taken steps to make these products available nationwide.
We have also been informed of a reformulated soy-based beverage from Driftwood Dairy in California that is being made available through the National School Lunch Program. However, this product has not been submitted to SFPD by the manufacturer for review of eligibility for the WIC program.
State agencies should contact manufacturers to determine which soy-based beverages that meet WIC’s requirements are available. This is particularly important since there could be a mixture of new and old versions of a product on the market depending on location.
States are encouraged to continue to dialog with Regional soy-based beverage producers about the possibility of producing a WIC-eligible product for their Region. State agencies that choose to offer soy-based beverages to their participants are encouraged to implement their food packages in a manner that does not preclude soy-based beverage when it becomes more widely available (e.g., make the appropriate MIS changes, etc).
e. We cannot find a whole milk (fluid or evaporated) that meets the new vitamin A requirement.
There has been no change in the nutrient requirements for any WIC-authorized milks. All WIC-authorized milks must be pasteurized and contain 400 International Units (IU) of vitamin D per quart of whole milk and 400 IU of vitamin D plus 2000 IU of vitamin A per quart of reduced-fat, low-fat, or fat-free milk. Vitamin A is naturally found in the fat portion of milk, which is removed (all or partially) during the production of reduced-fat, low-fat, and fat-free milks. For this reason, Vitamin A fortification is required for these milks, but not whole milk. The nutrient requirement pertains to all authorized milks; for dried milk (i.e. powdered) and evaporated milk, vitamin requirements are per reconstituted quart.f. Is it allowable for State agencies to make available only low-fat and fat-free types of milk for women and children (2-4 years)? Do State agencies have to make reduced-fat milk available to these participants if they request it?
FNS would support a State agency’s decision to offer only low-fat and fat-free types of milk to women and children two through four years of age. The State agency is not required to make other types of milk available upon participants’ requests.The Interim Rule specifies that reduced-fat, low-fat, and fat-free milk are all authorized types of milk for women and children two through four years of age. State agencies decide which brands, types, and packaging of allowable foods to include on their State WIC food lists. However, States must make more than one type of milk available to participants. More than one milk refers to any milk that meets FDA’s standard of identity for milk (21 CFR part 131) and the minimum specifications in Table 4 of §246.10(e)(12). Providing low-fat and fat-free milks would meet this minimum specification. FNS encourages State agencies to provide as much choice and variety as possible to accommodate the diverse needs of WIC participants (e.g., also offering low-fat lactose-free milk). The 2005 Dietary Guidelines for Americans and the MyPyramid Food Guidance System encourage the consumption of low-fat and fat-free milk as part of an overall healthy diet. Consumption of low-fat and fat-free milk in place of whole and even reduced-fat milk can help participants two years and older meet dietary recommendations for saturated fat intake and maintain a healthy body weight. With the imminent changes to the food packages, FNS encourages State agencies to consider how to assist WIC participants in switching from whole milk to lower fat milks. Information on nutrition education for assisting participants in changing the type of milk consumed can be found on WIC Works at http://www.nal.usda.gov/wicworks/Learning_Center/FP/Milk.pdf .
Cheese Substitution
g. With the new rule, children and women participants can receive up to one pound of cheese as a substitute for milk. If we offer cheese, this will result in a "dangling quart" for each of the food packages. Can State agencies drop the “dangling” quart?
No. The WIC benefit to participants is the full authorized amount; therefore, State agencies may not “drop the dangling quart” of milk. If a State agency chooses to offer cheese as a substitute for 3 quarts of milk, then they must provide the remaining quart of milk (or other authorized milk or milk alternative such as dried milk, soy-based beverage, tofu, etc.) to fulfill the maximum allowance in the food package. In addition, participants should be provided nutrition education about the importance of milk (and/or fluid milk alternatives), in the quantities provided by WIC, in the participant’s diet.
The new foods and the new quantities of food are intended to deliver priority nutrients to participants to meet their supplemental nutrition needs; therefore, food packages need to be offered in full and may not be categorically tailored as in the past.Tofu
h. Is calcium chloride considered a calcium salt? Products with calcium salts seem to contains less calcium than those with calcium sulfate.
Yes, calcium chloride is considered a calcium salt.Common types of calcium salts found in tofu
Calcium sulfate (gypsum)
Calcium citrate
Calcium chloride
Tricalcium phosphateEven when these calcium salts are on the ingredient list, the amount of calcium in tofu varies from brand to brand and even within a brand, depending on the type of tofu produced (firm, soft, etc.)
In choosing the brands and types of calcium-set tofu to include on a State food list, read the label to choose, if possible, the tofu with the highest amount of calcium. The % Daily Value (DV) is a general guide to help determine if a food is high or low in a nutrient—5% or less is low, 20% or more is high.
FNS has reviewed a number of tofu labels and found that certain brands (Nasoya, White Wave, Soyboy) make a variety of tofu with anywhere from 10-30% of the DV for calcium.
Note: Nigari (primarily consisting of magnesium chloride) and gluconolactone are also used to process tofu, but they are not sources of calcium. Without an added calcium salt, these products have small or negligible amounts of calcium and, therefore, are not authorized.
a. For children, the juice requirement is 128 ounces. Since 12-ounce frozen (48 ounces reconstituted) and 46 ounce cans of single strength juice do not divide evenly into 128 ounces, can a State agency round down?
The State agency must ensure that the maximum juice allowance is provided. Therefore, they may not round up or round down. The State agency must use the appropriate physical form to achieve the maximum:For example:
Food Package IV: Two 64-ounce containers single strength juice
Food Package V and VII: Three cans 11.5/12-ounce shelf stable or frozen (48 ounces reconstituted)
Food Package VI: Two cans 11.5/12-ounce shelf stable or frozen (48 ounces reconstituted).(See also XV(c) under Miscellaneous)
b. How do we “use the appropriate physical form to achieve the maximum” for homeless participants?
Section 246.10(b)(1)(ii) of the interim rule states that State agencies must 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.State agencies must provide the regulatory maximum amounts of juice. FNS has reviewed available container sizes and finds a variety of single-serve juice bottles and cartons and cans (e.g., 8, 10, and 12 fluid ounces), some available in multi-packs, that are evenly divisible by the maximum allowances for the food packages for children and women. The maximum monthly allowance may be divided into smaller amounts and issued via multiple food instruments when feasible. Where appropriate, food packages may be individually tailored to meet the homeless participant’s situation.
c. Do State agencies still have to submit a request to FNS to authorize issuance of calcium-fortified juice?
No. Calcium-fortified juice is authorized at the State agency’s option without prior approval.
a. Is Jack mackerel WIC-eligible?
No. Jack mackerel is the scientific common name for Trachurus symmetricus; a number of other species are also commonly called Jack mackerel. According to the Food and Drug Administration (FDA), Jack mackerel is distinct from the two mackerel species—Chub Pacific (Scomber japonicus) and N. Atlantic (Scomber scombrus) that are authorized in the interim rule. The authorized mackerel species in the interim rule were chosen because they are lower in mercury. FDA has recently advised FNS that they do not have information on the mercury content of Jack mackerel; therefore, Jack mackerel cannot be authorized as a WIC-eligible canned fish.b. We find salmon and other canned fish in 14.75 ounce cans. Can we authorize two of those cans since they come close to the 30 ounce maximum for canned fish?
No. State agencies must make available to participants the maximum monthly allowances of authorized supplemental foods. The State agency must use the appropriate physical form to achieve the maximum. (See also XV(c) under Miscellaneous)For example:
Five 6-ounce cans salmon
Four 3.75-ounce cans sardines plus one 15-ounce can salmon+
Four 7.5-ounce cans salmon
Three 9 ounce cans tuna plus one 3 ounce can tuna+State agencies are reminded that the FDA/EPA consumer advisory on fish consumption recommends that breastfeeding women limit fish consumption to 12-ounces per week.
c. Are canned sardines with tomato sauce or mustard allowed? What about canned sardines or other fish with flavoring, e.g., chili oil, lemon, or smoked?
Canned sardines and other fish with added sauces and flavorings are authorized at the State agency’s option.
a. Are canned refried beans allowed?
Yes, but only those without added sugars, fats, oil or meat as purchased are allowed.b. Some canned beans, such as kidney beans have some sugar added during processing. Are these allowable foods under the "no added sugar" restriction?
It has come to the attention of the Food and Nutrition Service that the requirement for "no added sugar" in canned beans may exclude some commonly consumed beans from WIC State food lists. We have learned from the Food and Drug Administration that small amounts of sugar are added to some foods that are naturally sugar-containing during the canning process to prevent stress resulting in membrane rupture (i.e., kidney beans). This small amount of added sugar is minimal and helps to maintain the quality and structure of the food. To encourage greater variety in food choices in the WIC food packages, canned beans that contain a small amount of sugar for processing purposes, such as canned kidney beans, will be allowed.
a. How do we count and consider the number of whole grain cereals versus total cereals? For different flavors of the same cereal, i.e., Honey Bunches of Oats, there are four flavors or varieties of this cereal - Honey Roasted, Almonds, Cinnamon and Vanilla. Is this counted as one or four?
The State agency should first determine how many types of grains will be offered on their food lists—at least half must be whole grain. Different varieties/flavors of the same cereal could be offered, and counted separately, if they individually meet the nutrition/wholegrain requirements, but remember that the purpose is to offer a wide variety of grains. Different store brands of the same cereal, however, would count as one cereal.b. At one time, FNS allowed “grandfathering” of cereals in the WIC Program. Are State agencies allowed to continue this practice?
WIC Policy Memorandum #95-13 dated April 4, 1995, allowed “grandfathering” of cereals. At that time, grandfathering was allowed to accommodate the difference in the reported nutrient amounts using the old labeling system. It is possible that some, if not all, of these cereals have been reformulated since that time. State agencies must reevaluate each cereal to determine if it meets the minimum Federal requirements by requesting manufacturer-provided information that verifies that the cereal meets the WIC minimum Federal requirements for sugar and iron per 100 grams of dry cereal. If a cereal which was previously approved no longer meets the minimum Federal requirements, it cannot be added to the State agency’s food list.c. When we use the WIC Worksheet for Determining Iron and Sugar Requirements for Cereals we get iron and sugar amounts that are different from what the product manufacturer provides. Can the amount of iron and sugar be “rounded up”?
It has come to our attention that State agencies attempting to use the % Daily Value (DV) on the Nutrition Facts panel to calculate the amount of iron and sugar in cereals are getting values that are inconsistent with iron and sugar amounts provided by manufacturers. The Food and Drug Administration permits manufacturers to apply rounding in their calculation of %DVs for vitamins and minerals listed on products’ Nutrition Facts panel. For instance, nutrients that fall within 10-50% of the DV can be expressed to the nearest 5% of the %DV.Due to the rounding that may be applied to the %DV, it is not possible to get an accurate and specific calculation of the amount of iron in the cereal using information from the Nutrition Facts panel. This could result in the misidentification of cereals that do and do not meet WIC eligibility criteria. Instead of trying to use the %DV to perform such calculations, State agencies should request information from the manufacturer specifying the iron and sugar content per 100 grams of dry cereal when reviewing cereals for WIC-eligibility.
In addition, in determining WIC-eligibility of whole grain cereals, the Whole Grains Calculator on the WIC Works Resource System prompts users to obtain iron and sugar amounts from product manufacturers.
d. FNS has issued product eligibility letters in the past as verification that cereals do or do not meet the minimum Federal requirements for WIC eligibility. How recent must these eligibility letters be to provide valid verification for WIC-eligibility of cereals?
Only cereal product eligibility letters issued by FNS since October 1, 2007, can be used to verify WIC-eligibility of cereals under the Food Package interim rule. Manufacturers periodically reformulate their cereal products. To ensure that these products still meet WIC minimum Federal requirements, State agencies should request information from the manufacturer verifying the iron and sugar content per 100 grams of dry cereal.
a. What are some of the ingredients that are allowed for corn tortillas?
Corn tortillas made from ground masa flour (corn flour) using traditional processing methods are WIC-eligible. Examples of primary ingredients meeting the WIC-eligibility criteria include: whole corn, corn (masa), whole ground corn, corn masa flour, masa harina, and white corn flour.b. Can oatmeal be issued as a cereal and also as a whole grain option?
Yes, oatmeal may be issued as both a cereal and a whole grain. The maximum allowances are different for oatmeal in the cereal category versus the grain category; also, oatmeal provided in the cereal category must meet the iron and sugar requirements.c. Do State agencies have to offer bread or can we choose to offer only the whole grain options?
State agencies must offer whole wheat or whole grain bread. It is a State agency option to authorize the whole grain options.d. Are whole grain rolls and buns allowed?
Yes. As long as they meet the criteria for whole grain as defined in the interim final rule, they may be authorized.e. We found a product called Thomas’ Mini Squares Bagelbread that has whole wheat as the first ingredient and comes in 1 pound packages. Is it a WIC-eligible bread?
No, this product is not WIC-eligible. We confirmed with the Food and Drug Administration (FDA) that Thomas’ Mini Squares Bagelbread does not meet the standard of identity for whole wheat bread. The whole wheat bread standard of identity applies to sliced bread, buns, and rolls. Thomas’ identification of the product as “bagelbread” categorizes the product as a bagel (not a bun, roll, or sliced bread) and as such is not a whole wheat bread under the FDA standard of identity.* Are whole grain breads with added fruit, nuts and seeds allowed in the WIC Program?Yes, whole grain breads with added fruit, nuts, and seeds are allowed provided they meet the minimum Federal requirements as specified for whole grain bread under the interim rule. The minimum Federal requirements for whole grain breads do not prohibit the addition of fruit, nuts, and seeds. However, State agencies are reminded that Section 246.10(b)(1)(i) of the interim rule allows the State to establish criteria in addition to the minimum Federal requirements for WIC supplemental foods; therefore State agencies may choose to disallow whole grain breads with added fruit, nuts, or seeds. State agencies are also reminded that the Whole Grains Calculator on the WIC Works Resource System website is a valuable tool designed to help State agencies determine WIC eligibility of whole wheat and whole grain breads and cereals. It can be found at: http://riley.nal.usda.gov/wicworks/resources/whole_grain_form.php .
a. Can tube-fed infants receiving a standard infant formula in Food Package II receive additional quantities of formula in lieu of complementary foods?
No. There is no provision that allows infants served by Food Package II to receive additional amounts of infant formula in lieu of complementary foods. However, infants served by Food Package III who are greater than 6 months of age, and whose medical condition prevents them from consuming complementary foods, may receive exempt infant formula or WIC-eligible medical foods (but not standard formula) at the same maximum monthly amount as infants 4-5 months old of the same feeding option. This would be in lieu of receiving complementary foods.*b. Must the full nutrition benefit (FNB) be provided to all infants receiving infant formula and exempt infant formula?
Yes, State agencies must provide the FNB to all infants. This includes contract as well as non-contract formulas (infant formula and exempt infant formula). State agencies must issue these formulas per the method (i.e., monthly issuance or use of Rounding Methodology) that provides the FNB without exceeding the maximum amounts for the physical form. It is the responsibility of the State agency to determine which method (i.e., monthly issuance or use of Rounding Methodology) it will use to provide the FNB without exceeding the maximum monthly allowance for the WIC formulas authorized on the State food list. The Rounding Methodology more closely provides the FNB of formula to participants. WIC State agencies serving less than 1,000 participants not covered by infant formula bid solicitations must also provide the FNB to all infants using either the monthly issuance or the rounding methodology. Technical assistance for determining formula issuance is available on the WIC Works Resource System Food Package pages at www.nal.usda.gov/wicworks . For partially breastfed infants, even those issued the “fully formula” package, WIC staff are expected to tailor the amount of infant formula based on the assessed needs of the breastfeeding infant and provide the minimal amount of formula that meets but does not exceed the infant’s nutritional needs. This is consistent with FNS guidance “Providing Quality Nutrition Services in Implementing the Breastfeeding Promotion and Support Requirements of the New WIC Food Packages,” dated May 20, 2009.
Can participants receive both milk and formula in Food Package III?
Yes. Food package III is issued to women, children and infants who have a documented qualifying medical condition that requires use of a WIC formula/medical food because use of conventional foods is precluded, restricted, or inadequate to address their special nutritional needs. Other WIC foods, including milk, may also be provided to an individual participant if medically warranted and with medical documentation. State agencies do not have the option to require participants to choose either milk or formula.
a. Can infant formula amounts in the fully formula fed packages for infants who are “combo” feeding but require more formula than is allowed under the partially breastfed infant food packages be “tailored down” to meet the specific needs of the infant?
Yes, WIC staff are expected to tailor the amount of infant formula based on the assessed needs of the breastfeeding infant and provide the minimal amount of formula that meets but does not exceed the infant’s nutritional needs. The maximum monthly allowance is rarely warranted.The newly created food packages for partially breastfed mothers and infants are designed to provide for the supplemental nutrition needs of the breastfeeding dyad, provide minimal formula supplementation to help mothers maintain milk supply, and provide incentives for continued breastfeeding. The benefits of these food packages are lost if the dyad is issued the fully formula food packages.
State agencies should develop policies for formula requests that encourage substantial and continued breastfeeding when mothers do not fully breastfeed. With proper support and counseling from WIC, the number of breastfeeding infants receiving the fully formula fed food packages should be small.
b. For a partially breastfeeding mother of twins--if both infants are receiving over the maximum allowed for a partially breastfed infant, what package would the mother be entitled to receive? If the infants are over 6 months of age, would she get no food at all, even though she will still be breastfeeding?
If the infants are under 6 months of age, the mother would receive Food Package VI. If the infants are over 6 months of age, the mother would not receive a food package. In that case, the mother’s infants would be old enough to receive infant foods in addition to receiving significant formula from WIC; therefore, it is presumed she is minimally breastfeeding. If an assessment reveals otherwise, and she qualifies for Food Package V, then her food package can be switched and her infants provided the partially breastfed infant food package.c. What happens if one twin is getting over the maximum formula allowed for a partially breastfed infant, and the other infant is getting less than the maximum? Which food package should the mother be issued?
The mother is issued Food Package V because one of her infants qualifies to receive the partially breastfeeding package. The partially breastfed food packages are designed to provide for the supplemental nutrition needs of mothers who are feeding mostly breastmilk to their infants and to provide incentives for continued breastfeeding.d. In issuing Food Package VII, would “breastfeeding multiples” apply to a mother who is tandem nursing a 2 month old and an 11 month old?
No. Food Package VII is issued to partially breastfeeding mothers who are breastfeeding multiple infants from the same pregnancy and whose infants receive formula from WIC in amounts that do not exceed the maximum formula allowance for partially breastfed infants. The Institute of Medicine recommended that these women be provided Food Package VII to meet their higher nutrient needs.
a. 246.10(b)(2)(B) states "Make available to participants more than one food from each WIC food 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.” What is the purpose of this provision?
Current WIC regulations require State agencies to make available at least one food from each food category. This provision was to ensure that all food categories were offered, i.e., a State couldn’t decide not to offer milk. The interim rule requires that State agencies make available to participants more than one food from each food category. The purpose of this provision is to implement the IOM’s recommendation that State agencies allow as much variety and choice from the authorized foods as is feasible considering cost constraints and availability. Providing more variety and choice will accommodate the diverse needs of WIC participants, including different ethnic or cultural needs. The provision should not be interpreted to mean that State agencies should limit the number of foods within a category.b. Are artificial sweeteners allowed?
Yes, this continues to be a State agency option.c. Can State agencies authorize package sizes that do not evenly divide into the maximum allowance?
State agencies must authorize container sizes that provide the full maximum monthly allowances of authorized supplemental foods on the State food list. The only exception is for an infant food or formula since rounding up is authorized in order to provide the full nutritional benefit for infants. However, in order to provide variety and choice FNS will allow State agencies the option to also authorize package sizes that provide less than the maximum allowance provided the nutritional integrity of the food package is not compromised. For example, a 15.5-ounce can of beans can be authorized as long as the State agency also authorizes a 16-ounce can that provides the maximum. It would not be appropriate to allow a 46 or 48-ounce container of juice as an option for the 64-ounce container of juice for a child. At least one package size (or combination of sizes) must add up to the full maximum monthly allowance that participants are authorized to receive. The choice to achieve the full maximum allowance must be made available to participants and local agencies must provide appropriate education to participants about how to obtain their full food package benefit.d. How should container sizes be specified on the food instrument?
The food instrument must specify the container size, e.g., 2- 64-ounce containers of juice or 3- 11.5 or 12 ounce containers juice concentrate. If a range of sizes are authorized, specify the range on the food instrument, e.g., 16-18 ounces peanut butter. For cereal, a State agency may use language it currently uses on its food instrument, e.g., 36 ounces, or not to exceed 36 ounces, or up to 36 ounces. Educational materials should demonstrate to participants how to obtain their full food package benefit. Vendor minimum stock and training materials should also be developed in a way that enables the participant to obtain the full benefit.e. Can State agencies pro-rate food items, including the Cash-Value Voucher?
State agencies may continue to pro-rate foods except single item foods such as bread or other whole grain options, peanut butter or beans (dry or canned), and the cash-value voucher. The exception to the single food item is eggs because they are available in ½ dozen cartons. The full value of the cash-value voucher must be provided.Clarifications:
• Under the interim rule, the maximum allowance of whole wheat/grain bread or other whole grain options in Food Package IV for children is two pounds. State agencies may pro-rate to one pound for this food package.
• Under the interim rule, both food Package V (pregnant and partially breastfeeding women) and Food Package VII (fully breastfeeding women) provide 1 pound of beans and 18 ounces of peanut butter. State agencies may pro-rate these items by offering the woman the opportunity to choose either the beans or the peanut butter. The food instrument could read “18 ounces of peanut butter or 1 pound of beans.” State agencies may not pro-rate these items by specifying only “1 pound beans” or only “18 ounces peanut butter” on the food instrument.
f. How do we offer 1.5 times the maximum allowance of authorized foods for women in Food Package VII who are fully breastfeeding multiple infants from the same pregnancy? Some foods do not lend themselves easily to the provision of “halves,” e.g., bread, peanut butter, dried beans, cheese.
For women fully breastfeeding multiples only, State agencies are allowed to issue foods in Food Package VII in amounts averaged over a 2-month timeframe. This will eliminate concern about providing “half” of a food package. It is up to the State agency how to do this, but it shouldn’t be complicated, i.e., the State agency would issue double the “regular” fully breastfeeding package one month and the “regular” fully breastfeeding package the next month.g. Can State agencies substitute peanut butter for eggs for homeless packages? If so, what substitution rate should be used? (Revised answer)
Section 246.10(b)(1)(ii) of the WIC regulations allows State agencies to 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. This has not changed from previous WIC regulations.As general guidance, the State agency may issue 64 ounces of canned beans as a substitute for 1 dozen eggs for homeless participants. In lieu of canned beans, 18 ounces of peanut butter may be substituted for 1 dozen eggs. Combinations of peanut butter and canned beans may be issued. As a reminder, the interim rule allows hard boiled eggs, where readily available for purchase in small quantities, to be issued to participants with limited cooking facilities.
Providing additional legumes or peanut butter as a substitute for eggs may significantly increase the amount of these foods participants receive. In issuing additional quantities of beans or peanut butter, State agencies should assess the amount of these food items participants would reasonably consume in a month’s time.
h. Can State agencies aggregate foods for families and thereby authorize container sizes larger than the maximum allowance for an individual participant?
State agencies may aggregate WIC supplemental food amounts for families. However, State agencies may not authorize container sizes that exceed the monthly maximum allowance for an individual. It is important that the foods on the State authorized food list meet the needs of the individual food package prescription. Federal regulations require that local agencies advise participants or their caretakers, when appropriate, that the supplemental foods are only for their personal use. This information would be an important component of nutrition education for agencies that aggregate food benefits.*May State agencies authorize WIC foods in a general manner, without specifying brands and types? For example, may State agencies simply state on the food card “100% whole wheat bread” or whole grain breads with “whole grain listed on label as first ingredient” and then allow participants to go to the store and review food labels and choose the specific brands/types they want to purchase?
Section 246.10(b)(2)(i) of the interim rule requires State agencies to “identify the brands of foods and package sizes that are acceptable for use in the Program in their States.” It is the responsibility of WIC State agencies to determine WIC eligibility of whole grain breads and other WIC foods” in accordance with Table 4 of §246.10(e)(12) and its footnotes)--Minimum Requirements and Specifications for Supplemental Foods. It is also the responsibility of State agencies to maintain a list of all WIC-eligible foods it authorizes for participants.State agencies must ensure that WIC foods purchased by participants are eligible and authorized. Making the participant or vendor responsible for these determinations will likely lead to confusion and frustration on the part of participants and vendors. Product labeling is not always consistent and participants might choose foods that do not meet WIC eligibility requirements.
FNS realizes that food cards for participants have space limitations that may preclude listing all possible authorized foods. At a minimum, the following foods must be identified by brand, type and size on the food cards/materials for participants and vendors:
• Whole wheat and whole grain breads
• Tortillas
• Cereal
• Non-citrus juices
• Soy-based beverage
• Tofu
• Infant foods (infant cereal, fruits, vegetables, meat)If a State agency has already printed a food card without specifying the brand, type and size of the foods mentioned above, they should use whatever process they currently do to inform participants/vendors of a change in the foods listed on the food card until the next time the food card is printed.
For breads and cereals, the Whole Grains Calculator on the WIC Works Resource System website is a valuable tool designed to help State agencies determine WIC eligibility of whole wheat and whole grain breads and cereals. It can be found at: http://riley.nal.usda.gov/wicworks/resources/whole_grain_form.php .
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| Accessibility | Privacy/Security | Nondiscrimination | USDA | Last Modified: 08/27/2009 |
