Steel Legislation to Address Baby Formula Shortage Passes House

Press Release

Tonight the House of Representatives passed H.R. 7791, the Access to Baby Formula Act, bipartisan legislation introduced by Rep. Michelle Steel (R-CA). Introduced with Rep. Jahana Hayes (D-CT), the legislation creates certainty for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) recipients and infant formula manufacturers in the event of another emergency or supply chain disruption. H.R. 7791 passed the House by a vote of 414-9.

"Families nationwide are desperate, and as a parent, there's nothing more important than ensuring the health and safety of your child," said Rep. Steel. "This legislation is an important step to address the ongoing formula shortage, and I urge my Senate colleagues to send it to the President's desk immediately so we can prevent a crisis like this from happening again."

The full text of the bill is available here.

The federal WIC program provides grants to states to support low-income postpartum and pregnant women, infants, and children up to age 5. Each state then chooses a specific manufacturer to provide formula to WIC recipients. More than half of U.S. states use Abbott Laboratories, whose shutdown in February by the Food and Drug Administration (FDA) contributed to the nationwide shortage.

Specifically, the legislation:

Will require manufacturers to submit a plan with their bids for contracts that will cover how they will address an emergency or disruption without impacting WIC recipients.
Will allow the Secretary of Agriculture to issue a narrow set of waivers in the event of an emergency or disruption, to help formula get back on the shelves quickly.
The Secretary of Agriculture will require States to be transparent about the need for the emergency declaration and any potential renewal and requires the states to inform the manufacturers of the declaration to ensure they are a part of the conversation.

Source