attachment-46-rfb-2027-dph-01-formu-ri-return.pdf

Rhode Island Department of Health

Infant Formula Returns

October 2025

Policy

WIC Food Package Policy and Guidance: There may be several reasons why participants have unused WIC formula. FNS does not recommend reissuing unused/returned WIC formulas. This approach ensures safety, meets the Federal regulatory requirement at 7 CFR

246.4 (a)(14)(xviii) that participants only obtain WIC infant formulas from facilities that are registered with FDA. WIC Policy Memo: State Agency (SA) policies and procedures should take measures to prevent and avoid fraud by including provisions such as, but not limited to:

• Documenting assessed nutritional needs for formula issued and rationale for food package tailoring, as appropriate.

• Educating participants on how to redeem and utilize WIC food instruments to prevent having unused formula, how to handle unused formula (i.e., proper disposal), and that attempting to sell, trade, or gift WIC food benefits qualifies as a participant violation.

• Ensuring accurate issuance and rebate billing that does not exceed the maximum monthly allowances. If a SA chooses to accept unused WIC formula from participants and dispose of it, then the SA would need to develop policies and procedures for the local agencies

Procedure

Infant formula purchased with WIC funds must be returned to WIC when an infant develops an apparent intolerance to the formula being used, is no longer using it for any reason as reported by their parent/guardian, or when a prescribing authority prescribes a different formula. Infant formulas cannot be returned to or exchanged at the store where purchased (vendors). To reduce the amount of returned formula coming back to your office, staff will encourage participants not to purchase all their formula at one time until they are sure a formula change will not be needed. (However, realize that this may not always be an option.)

• New formula fed babies

• Babies changing to a new formula

• Babies weaning or decreasing breastfeeding and increasing formula

Local agencies must establish their own policy on infant formula returns. The local agency policy and the donation/disposal logs addressed in it must be available for review during the local agency office visit. The policy must address procedures for:

• WIC staff providing education to the participants listed above to try and minimize the amount of formula that is returned to the agency.

• Requiring participants to bring purchased, unopened formula to an agency WIC office, or clinic site before replacement benefits can be issued to the eWIC card.

Inspecting the formula when it’s returned. At a minimum, the policy should address the following points when completing inspection of the product:

Expiration date.

• Assurance that the container has not been opened and/or tampered with.

Clean, and undented container.

• Product label intact and not missing.

• How returned formula will be stored securely out of sight at the local agency

• Disposal or donation plan. At a minimum, the policy should address the following points:

• Donation to a local food bank, pantry, or other community partner that provides resources to families.

• Donation of returned formula every 30 days at minimum.

• Maintenance of a donation log to indicate the date, type, number of cans donated, and donation location.

• Disposal procedures if the returned formula does not meet minimum inspection criteria.

• Maintenance of a disposal log to indicate the date, type, and number of cans destroyed. Local WIC agencies may replace both returned unopened cans of infant formula and unspent food instruments for infant formula within the same month. If the participant has unspent formula benefits:

• Create the new food package and verify it.

• Issue benefits and ask the parent/guardian/participant to sign the signature pad.

• Carefully review the food benefits print out to verify the correct items were reissued.

(Note: Purchases are accounted for in the reissued balances.) If the participant returns unopened cans of formula (participant has purchased some or all the issued formula in the current issuance period):

• Inspect the unused returned formula per local agency policy. Only unused formula purchased with current months’ benefits that meets the inspection guidelines may be replaced.