WIC: Implementation of the Access to Baby Formula Act of 2022 and Related Provisions

This rulemaking codifies the provisions of the Access to Baby Formula Act of 2022 (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:

• Codifies permanent, expanded waiver authority to ensure continuity of WIC services during emergency periods and supply chain disruptions impacting WIC.
• Requires 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.
• Requires 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 published this rule as a final rule with request for comments. The comment period closed on Feb. 12, 2024. Comments received can be reviewed at Regulations.gov. Please use the below links/resources to learn more about this rule.

Related Resources

• FNS Newsroom Release
• WIC: Implementation of the Access to Baby Formula Act of 2022 and Related Provisions Q&A
• WIC Eligibility Requirements to Bid on State Agency Infant Formula Contracts
• WIC Policy Memorandum #2024-3: Implementing ABFA Requirements in WIC State Plans
• Guide to Coordinating WIC Service During Disasters
• FEMA Disaster and Other Declarations
• HHS Declarations of a Public Health Emergency