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DATE: | April 23, 2024 | |
SUBJECT: | WIC Policy Memorandum #2024-5: Implementing the Provisions of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages Final Rule | |
TO: | Regional Directors Supplemental Nutrition Division All Regional Offices | WIC State Agency Directors All WIC State Agencies |
On April 18, 2024, FNS published the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages final rule. Through this policy memorandum, FNS formally describes the timeline and parameters for implementation of the provisions of the final rule.
The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revision in the WIC Food Packages (which will be referred to throughout this document as the final rule) was published in the Federal Register (89 FR 28488). The final rule is effective June 17th. While state agencies may implement provisions beginning on the effective date, state agencies will have 24 months from the date of publication to implement provisions from the final rule with some exceptions. FNS revised the implementation timeline for the final rule based on public comments received during the proposed rulemaking stage.
The provisions in the final rule must be implemented within 24 months with two exceptions:
Provision | Regulatory Requirement | Implementation Date |
CVV/B | Implement the provision in (§ 246.10(e)(10) and (11), Tables 2 and 3) that increase CVV/B for children to $24, pregnant and postpartum to $43, and partial and fully breastfeeding to $47, adjusted for inflation.* | At or before 60 days after publication or June 17, 2024. Implementation of the inflation-adjusted amounts occurred via WIC Policy Memorandum #2024-1. The CVV/B amounts for FY 2024 remain unchanged. |
Vitamin D Supplementation in Yogurt | Implement the provision in Table 4 at 7 CFR 246.10(e)(12) that establishes a minimum Vitamin D requirement of 106 IU Vitamin D per 8 ounces of yogurt. | At or before 36 months after publication or April 19, 2027. |
All other provisions | Please refer to Federal Register (89 FR 28488). | At or before 24 months after publication or April 20, 2026. |
*For FY 2024, the inflation adjusted CVV/CVB amounts are $26 for child participants, $47 for pregnant and postpartum participants, and $52 for fully and partially breastfeeding participants.1 For FY 2025, FNS will provide the inflation adjusted amounts prior to the start of the FY.
After the effective date of this rule June 17th, WIC state agencies are allowed and encouraged to implement the provisions before any of the implementation dates provided above, so long as the requirements below are met.
State agencies may submit policies and procedures related to implementation for approval in advance of required implementation dates. For example, state agencies may submit their implementation policies and procedures for review and approval with their FY 2025 State Plan submission (due Aug. 15, 2024) prior to the implementation date. The FY 2025 State Plan submission must include current policies and procedures in addition to any submitted in advance of implementation later in the fiscal year. FNS will provide additional technical assistance resources to support state agencies in updating their policies and procedures.
Prior to implementing any changes to the program, state agencies should develop communication and training plans, when appropriate, for all program stakeholders affected by the final rule.
The policies and procedures for the required provisions must be implemented no later than the dates provided in this memorandum. FNS is committed to working with state agencies on timely implementation. If a state agency determines that they need time beyond the stated implementation dates for a required provision, they should contact their FNS regional office.
State agencies may direct any questions to their respective FNS regional office.
Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs
1 WIC Policy Memorandum #2024-1: Fiscal Year 2024 Cash-Value Voucher/Benefit Amounts