Final Rule with Request for Comments: WIC Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program

Summary

This final rule considers public comments submitted in response to the proposed rule to remove barriers to online ordering and internet-based transactions in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) published on Feb. 23, 2023. USDA FNA is issuing this regulatory action to support state innovation and develop and implement modernized systems, while underscoring program integrity. It allows for the use of new technologies to improve the WIC shopping experience while increasing access to healthy foods for WIC participants. This final rule also complements the program's complete transition to electronic benefit transfer (EBT) by streamlining and modernizing certain WIC food delivery regulations to support current technology and future innovation, and introduces measures to support a modern, data-driven program that uses new technologies for food delivery.

Dates

• Effective Date: This rule is effective Dec. 7, 2026. Online comments submitted through the Federal eRulemaking Portal must be received on or before Jan. 5, 2027 to be assured of consideration.
• Implementation Dates: See section VI of the Supplementary Information.
• Compliance Dates: This rulemaking consists of multiple provisions. Compliance for each provision is referenced in section VI of the Supplementary Information section of this final rule and detailed in the section-by-section analysis.
  • Severability. If any provision of such section promulgated through this final rule, "Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program" (FNA-2026-0595; RIN 0854-AE85) is held to be invalid or unenforceable by its terms, or as applied to any person or circumstances, it shall be severable and not affect the remainder thereof.

Request for Comments

The Food and Nutrition Administration, USDA, invites interested persons to submit written comments on this final rule. USDA seeks comment on the impacts to stakeholders, specifically state agencies and their Management Information Systems (MIS), Electronic Benefit Transfer (EBT), and vendor system partners. Comments may be submitted to the Federal eRulemaking Portal at regulations.gov. Follow the online instructions for submitting comments.

All comments submitted in response to this final rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNA will make the comments publicly available on the internet via regulations.gov.

Overview

This rule sets forth regulatory flexibilities, encourages innovation, and modernizes WIC food delivery regulations. The rule ensures WIC participants have the same shopping options as nonWIC shoppers to transact their WIC benefits as the retail marketplace innovates and evolves. This rule also clarifies requirements so that state agencies can effectively carry out a modern, data-driven program that uses current technologies for food delivery. This final rule considers public comments on the proposed rule "Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program" (88 FR 11516) published on Feb. 23, 2023, referred to as "the proposed rule." The changes finalized in this rule better serve families across the country by improving the WIC shopping experience and ensuring that WIC participants have access to healthy foods, while maintaining security and oversight measures at the federal and state agency levels. This rule:

1. Removes barriers to online shopping and internet-based transactions in WIC, including a current prohibition of the authorization of internet-based vendors. This provides state agencies the flexibility to determine how to offer online shopping to participants in a way that maintains program integrity. The revisions support oversight measures and policies appropriate for current technologies, and adaptable for future ones (e.g., Europay, Mastercard, and Visa ("EMV") chip cards, mobile apps), as well as security requirements to support program integrity as the retail marketplace innovates.
2. Streamlines and modernizes WIC food delivery requirements to reflect the program's complete transition to electronic benefit transfer (EBT), supports current technology and future innovation, and expands opportunities for WIC participants to utilize innovations in the retail grocery industry. The revisions allow state agencies to use new types of food instruments (e.g., mobile payments) and provide state agencies with more flexibility in the issuance of WIC benefits.
3. Updates reporting requirements to reflect a modern, data-driven program.

Read the Full Final Rule