On Motion to Suspend the Rules and Pass

Access to Baby Formula Act of 2022

This bill authorizes the Department of Agriculture (USDA) to take certain actions to address emergencies, disasters, and supply chain disruptions (particularly the shortage of infant formula in the United States) affecting participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

The bill directs USDA to require each infant formula cost containment contract to include remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to WIC participants in the state.

USDA must, within 30 days, ensure there is a memorandum of understanding with the Department of Health and Human Services that includes procedures for coordination and information sharing regarding any supply chain disruption, including a supplemental food recall.

The bill also authorizes USDA to waive or modify any WIC qualified administrative requirement during emergencies, disasters, and supply chain disruptions. Specifically, USDA may waive or modify such a requirement for one or more state agencies if (1) the requirement cannot be met by state agencies during the emergency, disaster, or disruption; and (2) the modification or waiver is necessary to provide assistance to WIC participants and does not substantially weaken the nutritional quality of supplemental foods. For example, USDA may waive the maximum monthly allowance for infant formula.

The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.