attachment-44-rfb-2027-dph-01-formu-ma-return.pdf
PDF 116 KB Posted
- Attached to
- NEATO/WIC Retail Infant Formula Rebate Agreement
- Solicitation number
- RFB -2028-DPH-01-FORMU
- Issued by
- New Hampshire
About this file
This is a program manual from the Massachusetts Department of Public Health outlining procedures for handling infant formula returned to the WIC (Women, Infants, and Children) program under the NEATO/WIC Retail Infant Formula Rebate Agreement, which involves seven jurisdictions including Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, Vermont, and the Cherokee Nation. The manual provides guidance on when formula is returned by participants, specifying that returned formulas may not be redistributed to participants but should instead be donated to community emergency food programs such as food pantries when appropriate. Eligible formulas for donation include 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, and Boost. The procedures require staff to inspect returned formula containers for visible defects and verify that use-by-dates have not expired before any donation or disposal occurs.
The manual establishes that infant formula past its use-by-date or visibly dented or damaged must be discarded and cannot be distributed to community food programs in accordance with FDA regulations. Special formula products intended for premature infants are not appropriate for general donation and must be disposed of appropriately by local agencies. Local WIC programs are protected under the Bill Emerson Samaritan Food Donation Act, which shields nonprofits from liability when donating apparently wholesome food in good faith. Each local program must maintain a formula donation log documenting all returned formula with details regarding donation or disposal, and any temporary formula storage must occur in secure locations away from participant view to prevent spoilage, infestation, or damage that could compromise wholesomeness, nutritional value, or safety.
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Text version
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.
| Subsection: About Formulas |
| WHEN FORMULA IS RETURNED TO WIC |
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