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.

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.

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.

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.

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 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 (PL 119-37).^4,5

Accordingly, the Food and Nutrition Administration amends 7 CFR chapter II by making the following technical corrections.

¹ 89 FR 28488 (April 18, 2024).
² 5 USC 553(a)(2).
³ 87 FR 71090 (Nov. 21, 2022).
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.