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USDA/FNS RIN: 0584-AE85 Publication ID: Fall 2024 
Title: Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program 
Abstract:

This "final rule with comment" addresses key regulatory barriers to online ordering in the WIC Program by making changes to the provisions that prevent online transactions and types of online capable stores from participating in the Program. This rule will also allow FNS to modernize WIC vendor regulations that do not reflect current technology and facilitate the Program’s transition to Electronic Benefit Transfer (EBT).  To inform the development of the proposed rule, FNS reviewed materials developed by a variety of WIC external partners, including WIC providers, vendors, manufacturers, EBT processors, advocacy organizations, and WIC participants, as well as a report issued by a task force convened by USDA and comprised of 18 organizations from multiple sectors to ensure a diverse range of input. FNS has considered public comments received during the proposed rulemaking stage in development of this final rule.

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 246.2    7 CFR 246.4    7 CFR 246.12   
Legal Authority: Pub. L. 111–296   
Legal Deadline:  None

Statement of Need:

USDA FNS will set forth final rulemaking to reduce barriers to WIC Program services, foster innovation in the retail market, and provide the best possible customer service to participants. The retail grocery industry has changed over the past several years. Online shopping has become an increasingly common method for purchasing groceries. Pursuing online ordering in WIC will ensure that WIC participants have access to a broader array of shopping options and are not left behind as the industry continues to innovate. Households that participate in WIC should have the opportunity to shop for foods, especially those needed to address nutritional deficits, the way others shop for food, by ordering online. State agencies have been able to request and receive waivers from these regulatory barriers as a result of shorter-term statutory flexibilities. A long-term solution is required in order to continue to support modernization of the WIC program.

Summary of the Legal Basis:

Pub. L. 111-296

Alternatives:

None identified at this time.

Anticipated Costs and Benefits:

This will be discussed in the Regulatory Impact Analysis to accompany the regulation.

Risks:

Risks, if any, would be discussed in the regulation.

Timetable:
Action Date FR Cite
NPRM  02/23/2023  88 FR 11516   
NPRM Comment Period End  05/24/2023 
Final Action  05/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Michael DePiro
Specialist
Department of Agriculture
Food and Nutrition Service
1320 Braddock Place,
Alexandria, VA 22314
Phone:703 305-2876
Email: michael.depiro@usda.gov