This rulemaking codifies the provisions of the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) and implements related changes which will strengthen WIC’s ability to address emergency periods and supply chain disruptions, particularly those impacting infant formula. More specifically, this rulemaking will:
- Codify permanent, expanded waiver authority to ensure continuity of WIC services during emergency periods and supply chain disruptions impacting WIC.
- Require WIC infant formula cost containment contracts to contain remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to supplemental food access by WIC participants.
- Require WIC State agencies to include as a part of their State Plan a “plan of alternate operating procedures” in the event of an emergency period, supplemental food recall, or other supply chain disruption.
FNS is publishing this rule as a final rule with request for comments. Please use the below links/resources to comment on the rule and to learn more about its contents.
- Federal Register notice (published Thursday, Dec. 13, 2023)
- Federal Register public comment link (comment period end date: Monday, Feb. 12, 2024)