Legislation Document

SPONSOR:

Sen. Pettyjohn & Sen. Gay & Sen. Lockman & Sen. Townsend on behalf of all Senators & Rep. Briggs King & Rep. Minor-Brown on behalf of all Representatives

DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 110

PROCLAIMING THE URGE OF ADDRESSING THE INFANT FORMULA SHORTAGE IN THE STATE OF DELAWARE.

WHEREAS, WIC is the supplemental nutrition program for Women, Infants, and Children and provides supplemental nutritious foods to income eligible pregnant, breastfeeding and non-breastfeeding postpartum women, infants and children up to 5 years of age; and

WHEREAS, WIC recognizes and promotes breastfeeding on the optimal source of nutrition for infants but for women who do not fully breastfeed, WIC provides iron-fortified formula; and

WHEREAS, approximately half of infant formula nationwide is purchased by participants using WIC benefits, based on both federal requirements and additional rules set by individual states that have a large effect on the availability and distribution of infant formula in each state; and

WHEREAS, WIC state agencies are required by law to have competitively bid infant formula rebate contracts with infant formula manufacturers; and

WHEREAS, child care providers who participate in the Child and Adult Care Food Program (CACFP) program purchase infant formula as part of the provision of infant care; and

WHEREAS, according to Datasembly, a grocery store and retail pricing data firm, baby formula at Delaware retailers was 54.51% out of stock at the beginning of May; and

WHEREAS, President Biden announced additional steps to bolster work to get infant formula onto our store shelves as quickly as possible without compromising safety; and

WHEREAS, the United States Department of Agriculture (USDA) is urging states to allow WIC recipients to use their WIC benefits on a wider variety of products so that if certain types sizes or types of formula are out of stock, they can use their benefits on those that are in stock; and

WHEREAS, the USDA is urging states to relax their requirements that keeps a certain amount of formula in stock, as this will offer relief to retailers and allow companies to manage inventories to meet demand; and

WHEREAS, these actions will make it easier for families to get the necessary nutritional support for their infants.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 151 ^st General Assembly of the State of Delaware, the House of Representatives therein, that the Legislature affirms the importance of addressing the infant formula shortage in the State of Delaware.

BE IT FURTHER RESOLVED that the Legislature urges immediate action to expand efforts to make it easier for families and child care providers to get necessary nutritional support for infants.