SR71

A Senate Resolution urging federal government to establish WIC waiver program allowing states to authorize use of WIC benefits to purchase alternative infant formulas during public emergencies.

Whereas, the Special Supplemental Nutrition Program for Women, Infants, and Children program, otherwise known as WIC, is a federal program that provides nutritious foods, breastfeeding support, nutrition education, and health care referrals for nutritionally at-risk infants, children up to five years of age, and pregnant and postpartum individuals from low income households; and

Whereas, Participation in New Jersey’s WIC program increased by 8.1 percent during the COVID-19 pandemic, according to data compiled by the Food Research and Action Center; and

Whereas, Although the WIC program encourages pregnant and postpartum individuals to breastfeed exclusively, preliminary FY 2023 data, compiled by the United States Department of Agriculture (USDA), indicate that 51 percent of adult WIC participants in New Jersey use formula to feed their infant at least occasionally; and

Whereas, For a variety of reasons, not all new mothers are able to breastfeed, including but not limited to a medical condition on the mother’s part, failure to latch on the infant’s part, or in the case of an adoptive family; and

Whereas, The COVID-19 pandemic precipitated disruptions to the nation’s food supply, including the supplies of various infant formula products available for purchase at New Jersey retailers; and

Whereas, These infant formula shortages were further exacerbated by the 2022 voluntary recall of certain powdered infant formula products due to bacterial contamination, and temporary closures of a major United States infant formula production facility; and

Whereas, At the height of the infant formula shortage, desperate parents spent hours each day searching online retailers and stores for the infant formula necessary for their baby’s nutrition and development; and

Whereas, The infant formula shortage particularly affected the State’s WIC participants who, under federal law, are permitted to use WIC benefits to purchase specific quantities, brands, and formulations of infant formula produced by manufacturers under contract to the State; and

Whereas, To expedite the availability of infant formula for WIC participants, the Food and Nutrition Service of the USDA established multiple waiver programs to provide WIC state agencies with the flexibility to allow WIC retailers to stock, and WIC participants to use their benefits to purchase, alternative quantities, brands, and formulations of infant formula; and

Whereas, New Jersey pursued and secured multiple WIC infant formula waivers from the USDA in order to ensure that the State’s WIC participants could use their WIC benefits to purchase critical infant formula; and

Whereas, However, as the extreme shortages of infant formula abated, the USDA informed WIC state agencies that all WIC infant formula waiver programs would expire by July 1, 2023; and

Whereas, WIC state agencies should have the ability to quickly authorize WIC recipients to purchase alternative infant formulas in the event of future public emergencies; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. The Senate respectfully urges the Food and Nutrition Service of the USDA to establish a WIC waiver program to grant WIC state agencies the flexibility to authorize the purchase of alternative brands, formulations, and quantities of infant formula in response to public emergencies.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, every member of Congress elected from this State, and the United States Secretary of Agriculture.

STATEMENT

This Senate resolution urges the Food and Nutrition Service of the United States Department of Agriculture (USDA) to establish a Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) waiver program that permits WIC state agencies to authorize the purchase of alternative brands, formulations, and quantities of infant formula in response to public emergencies.

Under federal law, each WIC state agency is required to contract with the lowest bidder for the provision of infant formula available for purchase using WIC benefits. In response to the nationwide shortages of infant formula, attributable to supply chain disruptions caused by the COVID-19 pandemic and voluntary recalls of powdered infant formula, the USDA established multiple waiver programs that provided WIC state agencies with flexibilities to ensure adequate supplies of infant formula were available for purchase by WIC participants. Among the flexibilities available to WIC state agencies was the ability to authorize the purchase of alternative quantities, formulations, and brands of infant formula using WIC benefits.

As the infant formula supply shortages abated, however, the USDA notified WIC state agencies that all WIC infant formula waivers would expire by July 1, 2023. State officials and child nutrition advocates, however, believe that the State should continue to have flexibilities to quickly authorize WIC participants to purchase whatever infant formula their child needs in the event of future public emergencies. As such, State officials urge the USDA to create a permanent WIC infant formula waiver program that could be activated whenever a public emergency affects the infant formula supply in a given state or region in order to ensure that at-risk infants receive the nutrition required for healthy development.

The WIC is a federal nutrition assistance program that provides nutritious foods, breastfeeding support, nutrition education, and health care referrals for nutritionally at-risk infants, children up to five years of age, and pregnant and postpartum individuals from low-income households. New Jersey residents may be eligible for WIC benefits with a gross annual income at, or below, 185 percent of the federal poverty line, which equals $55,500 for a family of four during FY 2024.