Supply chain disruptions

Notwithstanding any other provision of law, during a supply chain disruption, including a supplemental food product recall, the Secretary may modify or waive any qualified administrative requirement for one or more State agencies if—

(A) the qualified administrative requirement cannot be met by State agencies during any portion of the supply chain disruption, including a supplemental food product recall, under the conditions which prompted such disruption or recall; and

(B) the modification or waiver of such a requirement— (i) is necessary to provide assistance under this section; and (ii) does not substantially weaken the nutritional quality of supplemental foods provided under this section.

The Secretary may, under a waiver or modification under paragraph (1)—

(A) permit authorized vendors to exchange or substitute authorized supplemental foods obtained with food instruments beyond exchanges for an identical (exact brand and size) food item;

(B) waive any requirement with respect to medical documentation for the issuance of noncontract brand infant formula, except for the requirements for participants receiving Food Package III (as defined in section 246.10(e)(3) of title 7, Code of Federal Regulations (as in effect on May 21, 2022 ));

(C) waive the maximum monthly allowance for infant formula; and

(D) waive any additional qualified administrative requirement to address a supply chain disruption, including a supplemental food product recall.

A waiver or modification established under this subsection—

(A) may be— (i) available for a period of not more than 45 days, to begin on a date determined by the Secretary; and (ii) renewed so long as the Secretary provides notice at least 15 days before such renewal; and

(B) shall not be available after the date that is 60 days after the supply chain disruption for which such waiver is established ceases to exist.

(A) In general If the Secretary determines that a supply chain disruption exists and issues a waiver or modification under this subsection, the Secretary shall notify each State agency affected by such disruption and include with such notification an explanation of such determination.

(B) Publication The Secretary shall make each determination described in subparagraph (A) publicly available on the website of the Department.

(C) State agency requirements In the case of a waiver or modification under this subsection related to infant formula, a State agency notified under subparagraph (A) shall notify each infant formula manufacturer that has a contract with such State agency with respect to such notification.

For purposes of this subsection, the term “qualified administrative requirement” has the meaning given the term in subsection (r).