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Women, Infants and Children

WIC Food Package

How do I get a food evaluated for WIC eligibility?

It is the WIC State agency’s responsibility to identify foods which are acceptable for use in its WIC Program in accordance with Federal WIC regulations 7 CFR Part 246.10.  In addition, WIC-eligible food products must comply with all applicable Federal, State, and local laws and regulations governing these products. 

Manufacturers may submit product information to WIC State agencies.  The following guidelines provide the general type of information needed by the State agency in order to determine WIC-eligibility status.  WIC State agencies may request additional information consistent with their State-specific WIC food criteria.  Manufacturers that request WIC State agencies to include their products on State-approved WIC food lists have a responsibility to inform those State agencies about any changes in the products’ formulation or nutritional value.  A State agency does not have to approve all foods that meet WIC eligibility requirements.

Information Needed for Determining WIC-Eligible Foods
Information Needed for Determining WIC-Eligible Formulas

Information Needed for Determining WIC-Eligible Foods  

Ø      Copies of actual package flats or labels for the product.  For those foods which must comply with the Nutrition Labeling and Education Act of 1990 and relevant Food and Drug Administration (FDA) labeling regulations (21 CFR Parts 100-169), include copies of the Nutrition Facts panels.

Ø      Nutrient profiles for the product, in the form as sold or at standard dilution (if relevant), expressed in metric measurements in accordance with applicable Federal WIC regulations (7 CFR Part 246.10).

Ø      Ingredients of the product, listed in decreasing order of predominance by weight.

Ø      Include written verification that the product meets Federal WIC requirements.  For example, is the juice 100% fruit/vegetable juice, what is the vitamin C fortification level in milligrams per 100 milliliters?

Ø      Copies of product literature, if available, providing additional details about the development and/or intended use of the product, such as brochures or monographs.

Ø      Available forms of the product.

Ø      Types and sizes of all product package containers.

Ø      Average/suggested retail prices for the product per container size.

Ø      Date when the product will be available on the market, if it is a new item.

Ø      Expected or current geographic and store distribution of the product (e.g., confirmation that the product is or will be available nationally or just in certain states or regions of the United States and its territories and a list of the major chain stores that will sell or currently sell the product).

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Information Needed for Determining WIC-Eligible Formulas

Manufacturer Information

Ø      Precise brand name of the product, including the name of the manufacturer.

Ø      Name and phone number of the manufacturer representative who the WIC State agency should contact to purchase the product directly from the manufacturer.

Product Description

Ø      Whether the product is intended for enteral digestion and whether if can be used as both an oral and tube feeding.

Ø      Whether the product is nutritionally complete, not requiring the addition of any ingredients other than water before being served in a liquid state.

Ø      Product labels for each physical form, flavor, and variety of the product, which should include an ingredient listing.

Ø      Nutrient composition of each physical form, flavor, and variety of product, including caloric content.  (The following should be confirmed in writing for the product at standard dilution:  iron content in terms of milligrams per liter of formula; and the calorie content in terms of kilocalories per 100 milliliters of formula.)

Ø      Yield (e.g., total fluid ounces), as consumed, per container of product.

Ø      Product literature describing:  the product’s special characteristics; how the product should be prepared/served; intended uses of the product, including identification of the types of medical conditions for which the product was designed.

Ø      Copies of the correspondence FDA sent to the manufacturer confirming:  how the product is classified by FDA (i.e., infant formula or exempt infant formula); that the product complies with the Infant Formula Act of 1980, as amended, and that FDA does not object to the product being marketed in the U.S.; and whether there are any outstanding concerns FDA has about the product information under review (e.g., product claims or label format).

Physical Form

Ø      Identification of the different product container sizes, types, and packaging.

Ø      Whether the product is sold in single units versus multiple-packs or cases.

Availability

Ø      Whether the product is available nationally or only in certain geographic areas.

Ø      Where the product is available (e.g., from pharmacies, grocery stores, or directly from the manufacturer).

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