FNS Documents & Resources

This final rule considers public comments submitted in response to the proposed rule revising the WIC food packages published on Nov. 21, 2022.

This rulemaking serves to amend WIC program regulations by incorporating provisions of the Access to Baby Formula Act of 2022 and making related amendments.

FNS is proposing to amend its regulations to make access and parity improvements within several food distribution programs, including the Commodity Supplemental Food Program, the Food Distribution Program on Indian Reservations, The Emergency Food Assistance Program, and USDA Foods disaster response. The proposed provisions use plain language to make them easier to read and understand.

USDA proposes to remove barriers to online ordering and internet-based transactions in WIC through this rulemaking. 

This rulemaking proposes to revise regulations governing the WIC food packages to align them with the current Dietary Guidelines for Americans and reflect recommendations made by the National Academies of Sciences, Engineering and Medicine in its 2017 report, “Review of WIC Food Packages: Improving Balance and Choice. while promoting nutrition security and equity and taking into account program administration considerations.

FNS is codifying a revised statutory requirement included in the Agriculture Improvement Act of 2018. The 2018 Farm Bill at section 4003 requires FDPIR administrative funds to remain available for obligation at the Indian Tribal Organization (ITO) and state agency level for a period of two federal fiscal years. This provision was self-executing and went into effect upon enactment of the 2018 Farm Bill in federal fiscal year 2019. 

Through this rulemaking, the USDA Food and Nutrition Service  is codifying new and revised statutory requirements included in the Agriculture Improvement Act of 2018 . First, the Department is revising the minimum Federal share of the Food Distribution Program on Indian Reservations (FDPIR) administrative costs and State agency/Indian Tribal Organization (ITO) mandatory administrative match requirement amounts. Second, the Department is revising its administrative match waiver requirements by allowing State agencies and ITOs to qualify for a waiver if the required match share would be a substantial burden. Third, the Department is limiting the reduction of any FDPIR benefits or services to State agencies and ITOs that are granted a full or partial administrative match waiver. Last, the Department is allowing for other Federal funds, if such use is otherwise consistent with both the purpose of the other Federal funds and with the purpose of FDPIR administrative funds, to be used to meet the State agency/ITO administrative match requirement.

This rule proposes to revise and clarify requirements for the processing of donated foods in order to: Incorporate successful processing options tested in demonstration projects, ensure accountability for donated foods provided for processing, and increase program efficiency.

This proposed rule would implement Section 4018 of the Agricultural Act of 2014.  Section 4018 created new limitations on the use of federal funds authorized in the Food and Nutrition Act of 2008, for the Supplemental Nutrition Assistance Program promotion and outreach activities.  

This final rule considers public comments submitted in response to the proposed rule published Feb. 28, 2013 and implements the provisions set forth in the Healthy, Hunger-Free Kids Act of 2010 related to electronic benefit transfer (EBT) for the WIC program.