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

AR142

ASSEMBLY RESOLUTION No. 142

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 28, 2026

Sponsored by:

Assemblyman� GERRY SCHARFENBERGER

District 13 (Monmouth)

Co-Sponsored by:

Assemblywoman Flynn

SYNOPSIS

���� Urges federal government to establish WIC waiver
program allowing states to authorize use of WIC benefits to purchase
alternative infant formulas during public emergencies.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An assembly
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 FY2023 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 General Assembly of the State
of New Jersey:

���� 1.��� The General Assembly
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 Clerk
of the General Assembly 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 Assembly 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 FY2024.