Baby Formula Access Stregnthened for WIC Program Participants

It’s a common image on Jan. 1 — a cartoon of a baby with a sash displaying the incoming year as the bearded old man portraying the previous year leaves the room. Therefore, it’s fitting that our first blog post for 2024 offer the latest information on the baby formula shortage affecting participants in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

The Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) issued a final rule last month implementing the Access to Baby Formula Act. As part of a widespread governmental response to the recall-driven infant formula shortages in 2022, Congress passed legislation to support access to formula for WIC participants, even in unforeseen circumstances like disasters, emergencies and supply chain disruptions. President Biden signed the legislation into law on May 21, 2022.

The final rule establishes permanent, expanded authority for USDA to waive or modify certain legal requirements to help ensure continuity of WIC services during emergencies and supply chain disruptions with an impact on WIC. It further adds requirements for WIC state agencies to include language in their WIC infant formula cost containment contracts that describe flexibilities available to WIC state agencies in the event of an infant formula recall as well as how an infant formula manufacturer would protect against disruption of access to infant formula.

The rule also ensures WIC state agencies anticipate and prepare for events that may disrupt normal program operations, with a goal of reducing impacts on participants when an event does happen. Although the rule becomes effective on Feb. 12, FNS is accepting stakeholder comments on the final rule until that date to inform the agency for future rules, policies and guidance related to infant formula.

“We’re committed to helping families and WIC agencies prepare for and navigate any challenges the future may bring,” according to FNS, adding that “It is imperative the provisions are implemented as soon as is feasible so that FNS and WIC state agencies have mechanisms in place to ensure continuity of operations and access to program benefits for WIC participants.”

This is a positive step to start the new year. Hopefully, we’ll continue to see more as the year rolls along.

Join us for our following Thompson Grants events:
2024 Virtual Federal Grants Forum| Feb. 21-22, 2024 | Virtual Event
Thompson Grants Workshop: Indirect Costs| March 14, 2024 | Virtual Event