attachment-45-rfb-2027-dph-01-formu-nh-return.pdf
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- 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 New Hampshire WIC Policy & Procedure Manual document that outlines guidelines for handling unused and returned infant formula in the Women, Infants, and Children (WIC) program. The policy establishes procedures for determining whether returned formula can be safely donated to food pantries and food banks or must be destroyed, with the goal of ensuring participant safety while minimizing waste. The document specifies that returned formula cannot be redistributed to WIC participants due to safety concerns, but may be donated under the Bill Emerson Good Samaritan Food Donation Act if the local agency obtains legal approval. The policy identifies twelve approved formula brands eligible for donation, including Similac Advance, Similac Soy Isomil, Nutramigen, PediSure, Boost, and Ensure, while all other medical or special formulas must be destroyed regardless of condition. Returned formula must be assessed for suitability based on the reason for return, physical condition of unopened and undamaged cans with intact labels, proper storage history at room temperature (60-80 degrees Fahrenheit), and validity of expiration dates, with destruction required on or after the expiration date.
The procedure requires that local agency nutritionists or competent nutrition authorities conduct the assessment and documentation of all returned, donated, or destroyed formula on a tracking sheet, with formulas unsuitable for donation or lacking legal agency approval disposed of within one week by two staff members working together. Unopened powder formulas may have their contents mixed with other trash, while liquid formulas must be completely emptied into a sink before disposal, with disposal occurring in small batches to prevent accumulation. Local agencies must implement secure, temporary storage out of client view with prompt donation or disposal within one week, and must document all transactions in the StarLINC system while reissuing appropriate replacement formula to participants' benefits. The policy is effective as of October 1, 2019, with a revision date of January 2020, and is authorized under CFR 246.12(n), federal Food Package Policy and Guidance Chapter 6, and New Hampshire RSA 508:15.
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Text version
New Hampshire WIC Policy & Procedure Manual
Chapter Number 2. NUTRITION AND BREASTFEEDING SERVICES B. Food Package Design
Effective date: 10/01/2019 Revision date: 01/2020
Unused and Returned WIC Formula
Purpose To ensure the safety and nutritional quality of formula provided through the WIC Program.
Policy Returned formula may not be redistributed back to participants in the clinic. It cannot be assumed that returned formula has maintained its safety for consumption while it was outside of the clinic’s control;
returned formula must be destroyed unless approval is obtained by the local agency’s legal department for donation. A copy of the local agency approval letter shall be sent to the State Agency prior to implementing a formula donation procedure.
Authority
CFR 246.12(n) Food Package Policy and Guidance Chapter 6, paragraph G, Unused and Returned WIC Formula (03/2018) Bill Emerson Good Samaritan Food Donation Act NH RSA 508:15 Donors and Distributors of Food.
Procedure Certain situations are potentially associated with returned formula— changes in formula due to medical need, tolerance issues, or a change in the amount of breastfeeding. The local agency nutritionist/competent nutrition authority (CPA) shall tailor the food package to meet the participant’s nutritional need and minimize the need to return formula to WIC
With the local agency’s legal approval and legal guidance, formulas on the “Allowed Formulas for Donation” list and determined to be in good condition as outlined in this policy, may be donated to a food pantry/food bank under the auspices of the Bill Emerson Good Samaritan Food Donation Act and NH RSA 508:15 Donors and Distributors of Food.
Upon receiving returned formula the Nutritionist/CPA shall:
1. Determine if the returned formula is on the “Allowed Formulas for
Donation” list.
“Allowed Formulas for Donation” with local agency legal approval:
• Similac Advance
• Similac Soy Isomil
• Similac Total Comfort
• Similac Sensitive
• Similac For Spit-Up
• Similac Alimentum
• Nutramigen
• PediSure
• Boost
• Ensure
All other medical/special formulas not identified on the “Allowed Formulas for Donation” list, regardless of condition, shall be destroyed according to procedures outlined in this policy due to product safety concerns.
2. Assess the returned formula to determine if the formula is suitable for donation or if it needs to be destroyed.
A. To determine if the formula is suitable for donation, the nutritionist/CPA shall ask and/or assess the following:
• Reason for the returned formula
• Condition of the cans
A can should be unopened and not damaged in any way, with the original label intact.
A can is considered damaged if there is any sign of bulging or leaking, or if the can is dented, punctured, cracked, or if the label is missing.
• Where and how the formula was stored prior to return Unopened powder and liquid formulas should be stored at “normal” room temperature (i.e. 60-80 degrees F).
Shelf life is based on the best estimate of the time during which certain changes may occur at normal temperatures. The shelf life is selected to assure that the ingredients will satisfy the label claim at expiration date. Excessive heat or freezing would require a formula to be destroyed.
• Expiration date The format used for the expiration date is: day of month/month/year. The day of the month is always the first day of the month. Depending on the manufacturer, the number “1” may or may not be included (e.g.
FEB2018, 1MAR2018 or 08/2018).
A formula product may be used prior to until the expiration date. that date.
A formula shall be destroyed upon the expiration date or thereafter.
B. Formulas not allowed for donation, not suitable for donation or LA does not have their agency’s legal guidance/permission to accept and donate returned formula shall be disposed in the following manner:
Document receipt and disposal of the WIC formula on the “Returned/ Donated/Destroyed Formula Tracking Sheet”.
Destroy the returned formula within 1 week.
For program integrity, two staff members shall dispose of the physical cans of formula and complete the “Returned/ Donated/Destroyed Formula Tracking Sheet” together.
Empty the contents of the formula container completely prior to throwing the can away. For example, concentrate or ready to feed formula shall be poured into a sink before the formula carton is placed in the trash. Containers of powdered formula can be opened and the contents mixed with other trash.
Dispose in small batches to avoid large quantities of formula in the trash.
Implement local agency policy/procedure if necessary to ensure that no one is removing formula from the trash for consumption.
3. Store in approved temporary location. Local Agencies shall develop a procedure for temporary storage of formula that is suitable for donation and formula that needs to be destroyed that includes the following:
• Secure temporary storage and out of view of WIC clients
• Prompt donation or disposal as determined—within 1 week;
and
• Formula shall not to accessible to employees who do not require access for program integrity.
4. Document the formula as returned, donated or destroyed on the “Returned/Donated/Destroyed Formula Tracking Sheet”.
5. Document in StarLINC and reissue the appropriate new formula to the participant’s food package/benefits on the Modify Benefits Issuance screen.
Exception Exceptions to this policy shall be submitted to the State Agency for approval.
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