attachment-44-rfb-2027-dph-01-formu-ma-return.pdf

WIC

FORMULAS

MASSACHUSETTS

WIC NUTRITION

PROGRAM MANUAL

Massachusetts Department of Public Health, 250 Washington Street, 6th Floor, Boston, MA 02108

WIC FORMULAS

Program Manual, Fiscal Year 2025 | 2

Subsection: About Formulas

WHEN FORMULA IS RETURNED TO WIC

Participants occasionally return formula bought with WIC benefits to the WIC Program, because WIC foods cannot be exchanged at the store for food, formula, cash, or credit. Returned formulas may not be redistributed back to participants.

All contract formula and certain special formulas should be donated to community emergency food programs, such as food pantries. Local WIC programs are covered by the Bill Emerson Samaritan Food Donation Act, a federal law that protects non-profits that donate food items for ultimate distribution to the needy:

A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals.

The following formulas on the WIC formulary would be appropriate to donate:

• Similac Advance

• Similac Soy Isomil

• Similac Total Comfort

• Similac 360 Total Care

• Similac Sensitive/360 Total Care Sensitive

• Similac Alimentum

• Nutramigen

• Ensure

• PediaSure

• Carnation Breakfast Essentials

• Boost

Staff should inspect returned formula containers for visible defects and should check the label to ensure that the “use-by-date” has not expired. In accordance with FDA rules, infant formula that is past its “use-by- date” or that is visibly dented or damaged should be discarded and must not be distributed to community emergency food programs.

Local WIC programs should not warehouse formula. Returned formula that is deemed appropriate for donation should be donated in a timely fashion. When formula does need to be stored temporarily at a local program, staff should store returned formula in a secure location that is out of view of WIC participants and ensure that

WIC FORMULAS

Program Manual, Fiscal Year 2025 | 3 the formula is protected from spoilage, infestation, damage or other conditions that may damage the wholesomeness or degrade the nutritional value or safety of the formula.

Certain special formula products on the WIC formulary, such as formulas for premature infants, are not appropriate for general donation. Local agencies must dispose of these special formulas appropriately.

Local programs must create a formula donation log that documents each time formula is returned by a participant to the local program. The log must include details regarding the donation or disposal of the formula, as appropriate.