Access to Baby Formula Act of 2022
May 21, 2022
Statute: 136 Stat. 1225
Became law: May 21, 2022
May 21, 2022
Statute: 136 Stat. 1225
Became law: May 21, 2022
Summary
Allows the government to change WIC program rules to make sure families can get baby formula during shortages, recalls, or other emergencies.
What problem does this solve?
During a baby formula shortage or recall, families in the WIC program could not buy different brands of formula, leaving them without options. This law allows the government to temporarily waive WIC rules so families can buy whatever formula is available on the shelves.
What does this law do?
Grants waiver authority for supply chain disruptions
Allows the Secretary of Agriculture to waive certain WIC program rules during a supply chain disruption, like a baby formula recall, to ensure families can get the food they need.
Requires recall plans in formula contracts
Mandates that all new or renewed WIC infant formula contracts include a plan from the manufacturer on how they will handle a recall and prevent shortages for program participants.
Improves coordination between federal agencies
Requires the Department of Agriculture and the Department of Health and Human Services to create a formal agreement for sharing information and coordinating during supply chain disruptions or recalls.
Who does this affect?
- Families in the WIC program
- Infant formula manufacturers
- State agencies that run WIC
What is the real world impact?
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Ensures access to formula during crises
Responds to the 2022 baby formula shortage by giving the WIC program flexibility to provide different formula brands when the contracted one is unavailable, preventing infants from going hungry.
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Holds manufacturers accountable
Requires baby formula companies with government contracts to have a plan for what to do during a recall, protecting families and taxpayers from disruptions caused by a single manufacturer's problems.
When does this start?
This law became effective on May 21, 2022, and includes several deadlines for government action.
Agency coordination agreement
Within 30 days of the law's enactment (by June 20, 2022), the Department of Agriculture and the Department of Health and Human Services must have an agreement to coordinate on supply chain issues.

