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This rule would amend 7 CFR 246 to codify the provisions of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends section 17 of the Child Nutrition Act of 1966 to 1) add requirements to State agency infant formula cost containment contracts; 2) establish waiver authority to the Secretary of Agriculture to address certain emergencies, disasters, and supply chain disruptions impacting WIC; and 3) require WIC State agencies to develop a plan of alternate operating procedures, commonly referred to as a disaster plan. FNS would make other related technical corrections and updates as necessary to modernize applicable WIC Program regulations. This rule was informed by lessons learned and feedback received from State and local agencies, advocacy organizations, and Federal research on the response to recent disasters, the COVID-19 pandemic, and a major WIC product recall.

Statement of Need:

This rule would codify requirements for State agencies to include language in their WIC infant formula rebate contracts that describes remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to program participants in the State (i.e., ensure that WIC participants can purchase formula using WIC benefits). The rule would also codify permanent expanded waiver authority to aid participants in obtaining and redeeming WIC benefits during certain emergencies, disasters, and supply chain disruptions impacting WIC. The required plan of alternate operating procedures would ensure WIC State agencies have plans in place to support the critical need for continuity of operations in the event of a disruption of WIC services, including but not limited to emergency periods, supplemental food recalls, and other supply chain disruptions. Finally, the rule would make other miscellaneous technical corrections and updates as necessary to update WIC regulations.

Summary of the Legal Basis:

The Access to Baby Formula Act of 2022 (ABFA, Pub. L. 117-129) amends section 17 of the Child Nutrition Act of 1966 (Pub. L. 89-642).

Alternatives:

No alternatives have been identified at this time.

Anticipated Costs and Benefits:

The costs associated with implementing the rule’s regulatory requirements are not expected to significantly add to current program costs at the State and local levels.

Risks:

No risks have been identified at this time.