Cherokee Nation
Good News! SUN Bucks is Available in Your Location
- Website: Summer EBT Program
- Hotline: 539-234-3265 or 800-256-0671 ext. 5275
- Email: wicsebtc@cherokee.org
In July of 2022, the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) was signed into law. This rule implements the provisions of ABFA and several other related changes to strengthen WIC’s ability to address certain disasters, emergencies, and supply chain disruptions, particularly those impacting infant formula.
The rule will:
WIC regulations impacted by this rule can be found at 7 CFR 246.2; 246.4(a)(30); 246.16a(c)(5); 7 CFR 246.16a(n); and 7 CFR 246.29.
Many of these changes are required by the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) or are changes related to the implementation of ABFA and are intended to strengthen WIC’s ability to respond to a future crisis. Given the prescriptive nature of ABFA and the need for swift implementation, USDA considered input previously gathered from stakeholders during FNS’s response to the Coronavirus Disease 2019 (COVID-19) public health emergency and infant formula supply chain disruption. We will continue to seek input to ensure the implementation of this rule supports the WIC population and achieves the intended results.
This final rule will take effect 60 days after publication. WIC state agencies will have additional time to develop alternate operating procedures.
FNS is implementing the changes as a final rule with request for comment given the need for swift implementation of ABFA and to provide state agencies with the mechanisms to address a disruption to program services that could occur at any time.
Anyone (individuals and groups) can submit a comment on the rule. FNS is interested in hearing from all of program stakeholders, including members of the public, and encourages comment from anyone interested in or affected by the rule’s provisions.
Comments may be submitted through the Federal eRulemaking Portal. Go to www.regulations.gov and locate the rule by searching “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions,” or follow this link. There are instructions on the platform that will tell you how to submit your comment.
Written comments and electronic comments submitted through the Federal eRulemaking Portal must be received on or before Feb. 12, 2024.
FNS is requesting comments on specific topics to inform future rulemaking, policy, and/or guidance related to infant formula. However, FNS will consider comments on all aspects of the rule when developing guidance and policy to support implementation of this rule.
The rule was published in the Federal Register, here: https://www.federalregister.gov. There are also several supporting documents to the rule that can be accessed through that link. Additional information can be found at https://www.fns.usda.gov/wic/fr-121423.
To learn more about WIC, please visit https://www.fns.usda.gov/wic.
For information about infant formula in WIC, please visit https://www.fns.usda.gov/fs/infant-formula. For specific information on infant formula cost containment contracts, please see https://www.fns.usda.gov/wic/requirements-infant-formula-contracts.