Section 1 Short title
This Act may be cited as the “Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2023” or the “INFANT Act of 2023”.
Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2023
A BILL
To amend the Child Nutrition Act of 1966 to change the competitive bidding process for infant formula manufacturers under the special supplemental nutrition program for women, infants, and children, and for other purposes.
Sec. 2 WIC infant formula contracting
Section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431) is amended—
in subsection (b)—
by amending paragraph (17) to read as follows:
“(17) Competitive bidding
“(A) In general—The term competitive bidding means a procurement process under which the Secretary or a State agency selects 2 manufacturers offering the lowest price, as determined by the submission of sealed bids, for a product for which bids are sought for use in the program authorized by this section.
“(B) Designation—Of the manufacturers described in subparagraph (A), 1 such manufacturer may be designated as the primary manufacturer and 1 such manufacturer may be designated as the secondary manufacturer.”
in paragraph (22)—
by striking “primary” in the heading and each place it appears and inserting “manufacturer”;
by striking “specific”; and
by striking “a contract is awarded” and inserting “contracts are awarded”; and
in subsection (h)(8)(A)—
in clause (ii)(I), by striking “primary” and inserting “manufacturer”; and
in clause (v)—
by striking “first” in the heading and each place it appears; and
by striking “primary” in each place it appears and inserting “manufacturer”.