This is the accessible text file for GAO report number GAO-03-331 
entitled 'Food Assistance: Potential to Serve More WIC Infants by 
Reducing Formula Cost' which was released on February 12, 2003.



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Report to Congressional Committees:



United States General Accounting Office:



GAO:



February 2003:



Food Assistance:



Potential to Serve More WIC Infants by Reducing Formula Cost:



GAO-03-331:



GAO Highlights:



Highlights of GAO-03-331, a report to the House and Senate 

Committees on Appropriations, Subcomittees on Agriculture:



Why GAO Did This Study:



The Department of Agriculture’s Food and Nutrition Service (FNS)

provided about $3 billion to state agencies in fiscal year 2001 for 

food assistance, including infant formula, through its Special

Supplemental Nutrition Program for Women, Infants and Children

(WIC). Most infants receiving formula are given a milk- or soybased

standard formula. To stretch program dollars, each state WIC

agency contracts with a single company for purchases of that

company’s standard formula for which they receive rebates. These

rebates totaled $1.4 billion in fiscal year 2001. Rebates do not 

apply to other companies’ brands of standard formula (noncontract

standard formula) or to nonstandard formulas designed to

meet special medical or dietary conditions. GAO was directed to

examine the extent that WIC agencies have restricted the use of

noncontract standard formula to lower cost of the WIC program.



What GAO Found:



As of February 2002, all 51 of the state WIC agencies included in our 

survey had policies to restrict the use of noncontract standard 
formula. 

Three of the 51 agencies prohibited the use of this formula entirely. 

The other 48 agencies restricted its use to specific situations, such 

as  if medically prescribed or if needed for religious reasons. Seven 

of these 48 agencies also set percentage limits, such as 4 percent of 

all standard formula issued, on the use of noncontract standard 
formula.



In fiscal year 2002, 3.3 percent of the infants using formula in the 
WIC

program received a noncontract standard formula, while 90.3 percent

received the contract brand. The remaining 6.4 percent received a

medically prescribed nonstandard formula for special medical or dietary 

needs. There were wide variations between WIC agencies in the 
percentage 

of infants who received noncontract standard formula, ranging from a 
low 

of zero, for the 3 agencies that prohibited its use, to 10.5 percent. 

Likewise, the percentage of infants receiving medically prescribed 

nonstandard formula ranged from 0.2 percent to 27.7 percent. FNS has 
not 

routinely collected from WIC agencies the data that would allow it to 

monitor the effectiveness of these agencies in restricting the use of 

either noncontract standard or nonstandard infant formula.



Buying noncontract standard formula brands cost the WIC program an

estimated $50.9 million in foregone rebates in fiscal year 2002. 

Although it may be neither feasible nor desirable to prohibit all 

purchases of noncontract standard formula, rebates would have increased 

by $13.8 million if every state had a noncontract standard formula 
usage 

rate no higher than the average of 3.3 percent reported across all 

agencies.



Highlights Figure:



[See PDF for image]



[End of figure]



What GAO Recommends:



GAO recommends several actions that FNS take to assist some WIC

agencies to reduce their use of noncontract brands of standard

formula and nonstandard formulas. In comments on a draft of GAO’s

report, FNS agreed with the recommendations and stated that it

had recently started collecting data that will facilitate the

implementation of the recommendations.



Contents:



Letter:



Results in Brief:



Background:



WIC Agencies Use Different Approaches to Restrict the Use of 

Noncontract Standard Formula:



About 3 Percent of WIC Infants Receive Noncontract Standard Formula, 

but Extent Varies Greatly Among WIC Agencies:



No Research Found on Effects of Switching Brands of Standard Infant 

Formula:



Use of Noncontract Standard Formula Cost WIC about $51 Million in Lost 

Rebates:



Conclusions:



Recommendations:



Agency Comments:



Appendix I: Scope and Methodology:



Appendix II: Number of Infants That Received Contract Standard, 

Noncontract Standard, and Nonstandard Formula:



Appendix III: Estimate of Rebates Foregone by WIC Agency:



Appendix IV: Estimate of Rebates Foregone Due to Above Average Use of 

Noncontract Standard Formula by

WIC Agencies:



Appendix V: Comments from the Department of Agriculture:



Appendix VI: GAO Contacts and Staff Acknowledgments:



Contacts:



Acknowledgments:



Tables:



Table 1: Washington WIC Agency Example of the Per Can, Net Cost of 

Contract Standard and Noncontract Standard 13 ounce Concentrate Cans of 

Milk-and Soy-Based Formula, April 2002:



Table 2: Methods Used by 51 WIC Agencies to Restrict the Use of 

Noncontract Standard Infant Formula as of February 2002:



Table 3: Policies Setting Quantitative Limits on the Use of Noncontract 

Standard Formula at Seven WIC Agencies as of February 2002:



Table 4: Number of Infants Issued Vouchers for Contract Standard, 

Noncontract Standard, and Nonstandard Formula as a Percentage of All 

Infants Receiving Formula in February 2002 for 45 WIC Agencies:



Table 5: Percent of Noncontract Standard Formula Used for WIC Agencies 

with Quantitative Limits on Noncontract Standard Formula, February 

2002:



Table 6: Number of Infants That Received Contract Standard, Noncontract 

Standard, and Nonstandard Formula in February 2002 for 45 WIC Agencies:



Table 7: Estimate of Rebates Foregone in February 2002 by 47 WIC 

Agencies:



Table 8: Estimates of Rebates Foregone in February 2002 by 19 WIC 

Agencies Due to the Use of Noncontract Standard Infant Formula 

Exceeding the 3.3 Percent Average of All Infants Receiving Formula:



Figures:



Figure 1: Overview of Infant Formula Categories and Subcategories:



Figure 2: Infants Issued Contract Standard, Noncontract Standard, and 

Nonstandard Formula as a Percentage of All Infants Receiving Formula in 

February 2002 for 45 WIC Agencies:



Abbreviations:



FNS: Department of Agriculture’s Food and Nutrition Service:



WIC: Special Supplemental Nutrition Program for Women, Infants, and 

Children:



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February 12, 2003:



The Honorable Thad Cochran, Chairman

The Honorable Herb Kohl, Ranking Minority Member

Subcommittee on Agriculture, Rural Development, and Related Agencies 

Committee on Appropriations

United States Senate:



The Honorable Henry Bonilla, Chairman

The Honorable Marcy Kaptur, Ranking Minority Member

Subcommittee on Agriculture, Rural Development, Food

 and Drug Administration, and Related Agencies

Committee on Appropriations

House of Representatives:



About half of all infant formula sold in the United States is purchased 

through the federally funded Special Supplemental Nutrition Program for 

Women, Infants, and Children (WIC). The U.S. Department of 

Agriculture’s Food and Nutrition Service (FNS) administers WIC in 

partnership with state-level WIC agencies. Federal WIC grants provided 

to WIC agencies for infant formula and other supplemental food were 

about $3 billion for fiscal year 2001, during which WIC served a 

monthly average of 7.3 million participants, including women, children 

(up to age 5), and 1.9 million infants. Participants generally receive 

this aid in the form of vouchers, which they can use to buy infant 

formula and other approved types of foods.



Since 1989, federal law has required WIC agencies to take steps to 

contain the cost of infant formula purchased through the WIC program. 

All the competing brands of standard infant formula on the market are 

nutritionally identical because the federal government regulates their 

content and quality. To contain costs, WIC agencies have taken 

advantage of their substantial buying power by using a competitive-bid 

process. The agencies have entered into contracts giving one 

manufacturer the exclusive right to sell formula to all WIC 

participants whose infants (those less than 1 year old) can use 

standard formula (any cow’s milk-based or soy-based formula intended 

for feeding full-term, healthy infants). For each can of the contract 

manufacturer’s standard formula (called contract standard formula) that 

WIC participants purchase with their vouchers at retail stores, the WIC 

agency receives a rebate. The net effect for the WIC agency is a 

substantial reduction in the net retail cost--sometimes as much as 80 

percent. For the country as a whole, rebates totaled about $1.4 billion 

in fiscal year 2001. By reducing the cost of infant formula in this 

way, such contracts leveraged the buying power of federal grants and 

enabled the program to serve over 2 million additional participants 

during the fiscal year.



To effectively leverage its purchasing power, a WIC agency must ensure 

that WIC participants are issued vouchers for contract standard formula 

with a rebate rather than vouchers for a standard formula produced by 

another manufacturer that is not under contract and does not provide a 

rebate--called noncontract standard formula. Generally, contract 

standard formulas must be used unless medical documentation is obtained 

or a religious reason cited to justify the use of another 

manufacturer’s brand of formula.[Footnote 1] However, WIC participants 

may have other reasons why they prefer not to purchase the contract 

standard formula. For example, parents of newborns who receive 

noncontract standard formula at the hospital and find that their infant 

is content with it may be reluctant to switch to the contract brand. 

Similar concerns may surface if, in negotiating a new contract, the WIC 

agency signs an agreement with a different manufacturer. In this 

situation, some parents whose infants are used to one brand may prefer 

not to switch brands and may request their medical providers to 

document a need for another formula. In these instances, WIC 

participants and prescribing medical providers may be unaware of the 

large cost differences between the contract standard and noncontract 

standard brands. This is because the differences come in the form of 

rebates paid to WIC agencies, not to participants or medical providers.



Concerned over selected aspects of infant formula cost containment 

measures, the House Conference Report on Appropriations for the 

Department of Agriculture for fiscal year 2002 directed us to examine 

the following:



* To what extent have WIC state agencies restricted the use of 

noncontract standard formula to help lower the overall cost of the WIC 

program?



* To what extent do infants in the WIC program receive noncontract 

standard formula?:



* To what extent, according to available research, are normal, healthy 

infants adversely affected by switching to a different brand of 

formula?:



* What is the estimated dollar effect of using noncontract standard 

formula?:



In conducting our work, we also obtained data on the use of nonstandard 

infant formula and have included that data in this report.



To respond to this request, we developed a survey and sent it in June 

2002 to 51 WIC agencies (48 states, the District of Columbia, the 

Navajo Nation tribal organization, and Puerto Rico).[Footnote 2] We 

used a survey because the FNS did not have data on the use of 

noncontract formula by WIC agencies. The 51 agencies in our survey 

collectively served over 97 percent of all WIC infant participants in 

fiscal year 2001. All 51 agencies responded to our survey, however, 

some agencies did not have the data needed to answer all survey 

questions. We did not independently verify the accuracy of the 

information these agencies reported to us. However, to verify the 

correctness of the data they had provided we did contact several 

agencies that reported very low or very high usage of either 

noncontract standard or nonstandard formula (any formula that is not 

contract standard or noncontract standard and that is designed to meet 

various medical and dietary needs of infants that standard formulas 

will not satisfy). Several of the agencies contacted provided us with 

revised formula usage data in response to our inquiries.



In addition to conducting the survey, we discussed WIC infant formula 

use with officials at WIC agencies and at FNS headquarters and regional 

offices, and we reviewed relevant regulations and research. We also 

performed an extended literature search on the issue of normal, healthy 

infants being adversely affected by switching between brands of infant 

formula or showing a strong preference for the first standard formula 

used, and we included a question on this issue in our survey sent to 

the WIC agencies. We performed our work between May 2002 and December 

2002 in accordance with generally accepted government auditing 

standards. Appendix I further describes our scope and methodology.



Results in Brief:



As of February 2002, all 51 WIC agencies we surveyed had restrictions 

to limit the amount of noncontract standard infant formula provided 

under the WIC program. The approach of 48 of the 51 WIC agencies was to 

adopt the limitations in federal regulations, which restrict the use of 

noncontract standard formula to specific situations, such as if 

medically prescribed or if needed for religious reasons. Seven of the 

48 WIC agencies also had established quantitative limits on the overall 

percentage of noncontract standard formula allowed. These limits 

typically ranged from 2 percent to 4 percent of all standard formula 

provided to infants by the agency. Three additional WIC agencies--New 

Mexico, Tennessee, and Virginia--were even more restrictive, 

prohibiting the purchase of noncontract standard infant formula 

entirely.



Nationally, 3.3 percent of WIC infants using formula received 

noncontract standard formula in February 2002, but 19 of the 45 

agencies that had these data reported percentages higher than this 

average. By comparison, 90.3 percent of all infants received contract 

standard formula, while 6.4 percent received nonstandard formulas, 

which are special formulas for infants who cannot use standard formula. 

There was substantial variation in these percentages from agency to 

agency. The 3 agencies with the most restrictive policies that 

prohibited the use of noncontract standard formula reported they did 

not use any of this formula. Seven agencies that established 

quantitative limits on noncontract standard formula use had mixed 

success in staying within their limits. Four of the 7 agencies that set 

the highest limits stayed within their limits while the 3 agencies with 

the lowest established limits exceeded their limits. Also, the 7 

agencies, on average, issued a somewhat greater portion of noncontract 

standard formula than did the remaining 35 agencies that only 

restricted its use to specific situations. Officials at selected WIC 

agencies reported that the use of noncontract standard formula for 

religious reasons was very limited.



We found no research that directly addressed the question of whether 

normal, healthy infants are adversely affected by switching to a 

different standard formula brand, and no research that directly 

addressed whether infants exhibit a strong preference for the first 

standard formula they use. We identified two industry-sponsored studies 

that noted differences in such things as stool characteristics from 

switching to a different standard formula, but neither study noted any 

adverse effect from making the switch. FNS has stated that almost all 

infants can be issued contract standard infant formula without 

compromising an infant’s nutritional needs and that noncontract 

standard formula should only be issued when medically necessary. 

Additionally, in 1995, FNS studied the issue of switching between 

formulas and found no scientific evidence to support that switching 

standard infant formulas should be accomplished gradually rather than 

immediately.



On the basis of February 2002 data, we calculated that the purchase of 

noncontract standard infant formula cost the WIC program an estimated 

$50.9 million annually, an amount equal to about 3.7 percent of the 

rebates actually received. Because WIC regulations permit noncontract 

standard formula to be issued for medical or religious reasons, it may 

not be practical or desirable for all WIC agencies to prohibit the use 

of noncontract standard formula. However, an opportunity may exist for 

agencies with higher-than-average usage rates to curtail their use of 

noncontract standard formula, thereby increasing rebates. For example, 

we calculated that rebates could have been increased by an estimated 

$13.8 million in fiscal year 2002 if the 19 agencies with higher-than-

average usage rates for noncontract standard formula had been able to 

lower their use of noncontract standard formula to the average of 3.3 

percent reported by the 45 WIC agencies. This estimated $13.8 million 

could have been used to provide additional WIC benefits to women, 

infants, and children.



The ability of some WIC agencies to operate a program with relatively 

low use of noncontract standard or nonstandard infant formula indicates 

that it is feasible to make the current program more efficient. 

Therefore, we are recommending several actions that FNS take to assist 

some WIC agencies to reduce their use of noncontract brands of standard 

formula and nonstandard formulas.



Background:



The WIC program provides eligible women, infants, and children with 

nutritious foods to supplement their diets, nutrition education, and 

referrals to health care. FNS administers the program through a 

federal/state partnership in which FNS makes funds available in the 

form of grants to WIC agencies. FNS establishes regulations for the 

program, including the cost containment aspects, and provides guidance 

to the agencies. To measure overall compliance with program 

requirements, FNS regional offices conduct management evaluations at 

state-level WIC and local agencies. Each WIC agency is responsible for 

developing guidelines to ensure that WIC benefits are effectively 

delivered to eligible participants. WIC grants cover the costs of food 

grants, nutrition services, and administration. Food grants are 

allocated to the WIC agencies through a formula that is based on the 

number of individuals in each state who are potentially eligible for 

WIC benefits. Nutrition services and administration grants are 

allocated to the agencies through a formula that considers factors such 

as an agency’s number of projected program participants and a salary 

differential for local government employees.



In fiscal year 2001, FNS provided $4.1 billion in grants to WIC 

agencies to fund all benefits and services, of which about $3.0 billion 

was for supplemental food, including formula. On average, the program 

had about 7.3 million participants each month, including 1.9 million 

infants. WIC is a discretionary grant program for which the Congress 

authorizes a specific amount of funds each year, not an entitlement 

program. Therefore, eligible individuals can enroll in the program only 

to the extent that funds are available. FNS estimated that about 47 

percent of all babies born in the United States were served by WIC in 

fiscal year 2001. FNS also estimated that about 19 percent of all 

potentially eligible women, infants, and children were not 

participating in the program. At the state level, the program is 

administered through 88 state-level WIC agencies[Footnote 3] and a 

network of over 2,000 local agencies.



Eligible participants include pregnant or postpartum and breastfeeding 

women, infants, and children up to age five who meet income guidelines, 

a state residency requirement, and are individually determined to be at 

“nutritional risk” by a health professional. The two major types of 

nutritional risk are (1) medical-based risks such as anemic or 

underweight infants, maternal age, history of pregnancy complications, 

or poor pregnancy outcomes and (2) diet-based risks such as an 

inadequate diet pattern. Infants are among those given highest priority 

for receiving WIC benefits of those who have medical-based nutritional 

risk conditions. Infants with dietary risk are lower priority than 

medically at risk infants. For the first 6 months of life, breast milk 

or infant formula is the primary food in a baby’s diet. WIC promotes 

breastfeeding as the best choice for meeting an infant’s nutritional 

needs, but it also provides infant formula to those who prefer to use 

it exclusively or as a supplement to their breastfeeding. About half of 

all infant formula sold in the country is purchased through the WIC 

program.



As defined in the Federal Food, Drug, and Cosmetic Act, infant formula 

means a food that “purports to be or is represented for special dietary 

use solely as a food for infants by reason of its simulation of human 

milk or its suitability as a complete or partial substitute for human 

milk.” Commercially available infant formulas can be described in two 

broad categories: standard and nonstandard. (See fig. 1.) Standard 

infant formula includes milk-based and soy-based infant formulas that 

meet the nutritional needs of most full-term healthy infants less than 

one year old. The Food and Drug Administration strictly regulates the 

content and quality of standard infant formula for all brands. 

Therefore, all brands of standard formula are nutritionally identical. 

In this report, we use two categories of standard infant formula--

contract and noncontract. Contract standard formula is any standard 

infant formula that is provided to WIC participants for which a WIC 

agency receives a rebate based on its contractual arrangement with an 

infant formula manufacturer. Noncontract standard formula is any 

standard infant formula that is not eligible for a rebate from an 

infant formula manufacturer. Nonstandard formula, as we use the term, 

is any formula that is not contract standard or noncontract standard 

and that is designed to meet various medical and dietary needs of 

infants that standard formulas will not satisfy. This includes “exempt” 

formulas, which are defined in the Federal Food, Drug, and Cosmetic Act 

as any infant formula which is represented and labeled for use by an 

infant who has an inborn error of metabolism or a low birth weight, or 

who otherwise has an unusual medical or dietary problem, and other 

specialized but nonexempt infant formulas classified as WIC eligible 

medical foods, which are specifically formulated to provide nutritional 

support for infants with a diagnosed medical condition when the use of 

conventional foods is precluded, restricted, or inadequate.



Figure 1: Overview of Infant Formula Categories and Subcategories:



[See PDF for image]



[End of figure]



Since 1989, WIC agencies have been required by law to implement 

measures to contain the cost of infant formula. In most instances, this 

means a state-level agency agrees, through a competitive contract 

awarded to one manufacturer, to provide and deliver one brand of 

standard infant formula to its participants through the existing retail 

outlet system and in return receives money back, called a rebate, from 

the manufacturer for each can of standard infant formula that is 

purchased by WIC participants at retail stores. Rebates are not 

received for noncontract standard formula and nonstandard infant 

formula, which is not covered by rebate contracts as reported by the 

WIC agencies responding to our survey.[Footnote 4]



Most WIC infant formula participants receive vouchers that they use to 

purchase the contract standard infant formula at authorized retailers. 

The WIC agency then reimburses the retailer for the full retail price 

of the infant formula. The WIC agency or its financial institution then 

obtains a reimbursement from the manufacturer for the rebate agreed to 

in the contract. As a result, the actual cost of infant formula to the 

WIC program equals the retail cost minus the amount of the 

manufacturer’s rebate. FNS policy requires that during the grant year, 

any savings from cost containment are to be used to provide food 

benefits to additional WIC participants.



Even though a state-level WIC agency contracts to provide only one 

brand of standard infant formula, federal WIC regulations permit the 

issuance of noncontract standard formula provided medical documentation 

is obtained or a religious reason is offered to justify its use for 

individual participants. Medical documentation must be provided by a 

licensed health care professional authorized to write medical 

prescriptions under state law. According to regulations, there is just 

one exception to the medical documentation requirement: noncontract 

standard brand infant formulas may be issued without medical 

documentation to accommodate religious eating patterns, such as the 

Judaic requirement for kosher infant formulas. However, between 

February 2000 and February 2002, the three infant formula manufacturers 

that WIC agencies used for their formula rebate contracting (Mead 

Johnson, Ross, and Carnation) each provided a soy-based, kosher infant 

formula, which minimizes the need for agencies to provide noncontract 

standard formulas to accommodate Jewish infants’ religious eating 

patterns.



Because WIC agencies pay the retail price but do not receive rebates 

for noncontract standard formula, an increase in the use of this 

formula will increase a WIC agency’s total net payments for infant 

formula. Table 1 shows an example of the effect rebates had on the net 

cost of contract and noncontract standard formula in the state of 

Washington in April 2002.



Table 1: Washington WIC Agency Example of the Per Can, Net Cost of 

Contract Standard and Noncontract Standard 13 ounce Concentrate Cans of 

Milk-and Soy-Based Formula, April 2002:



Formula brand and type: Contract standard formula:; Average retail 

cost: [Empty]; Rebate: [Empty]; Net cost: [Empty].



Formula brand and type: Mead Johnson Enfamil with Iron [milk-based]; 

Average retail cost: $3.69; Rebate: $2.97; Net cost: $0.72.



Formula brand and type: Mead Johnson Enfamil ProSobee [soy-based]; 

Average retail cost: 3.66; Rebate: 3.10; Net cost: 0.56.



Formula brand and type: Noncontract standard formula:; Average retail 

cost: [Empty]; Rebate: [Empty]; Net cost: [Empty].



Formula brand and type: Ross Similac with Iron [milk-based]; Average 

retail cost: 3.46; Rebate: 0.00; Net cost: 3.46.



Formula brand and type: Ross Isomil with Iron [soy-based]; Average 

retail cost: 3.75; Rebate: 0.00; Net cost: 3.75.



Formula brand and type: Carnation Good Start [milk-based]; Average 

retail cost: 2.86; Rebate: 0.00; Net cost: 2.86.



Formula brand and type: Carnation Alsoy [soy-based]; Average retail 

cost: 2.68; Rebate: 0.00; Net cost: 2.68.



[End of table]



Source: Washington WIC state agency.



As table 1 indicates, even though the retail cost of contact standard 

formula and noncontract standard formula may be similar, rebates equal 

to 80 percent or more of the average retail cost of contract formula 

can lower its net cost for the WIC agency to 20 percent of the cost of 

noncontract standard formula.



WIC Agencies Use Different Approaches to Restrict the Use of 

Noncontract Standard Formula:



The 51 WIC agencies we surveyed all set some sort of restrictions 

designed to limit the amount of noncontract standard infant formula 

provided under WIC. (See table 2.) The approach used by 48 WIC agencies 

in February 2002 was to adopt the restrictions contained in federal 

regulation, which limit the use of noncontract standard formula to 

certain specific situations, such as if medically prescribed or if 

needed for religious reasons. Seven of the 48 agencies also set 

quantitative limits on the amount of noncontract standard formula 

allowed. Three other agencies were even more restrictive and prohibited 

noncontract standard formula use entirely.



Table 2: Methods Used by 51 WIC Agencies to Restrict the Use of 

Noncontract Standard Infant Formula as of February 2002:



WIC agency: Alabama; Prohibits use, but with exceptions[A]: X[B]; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Alaska; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Arizona; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Arkansas; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: California; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Colorado; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Connecticut; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Delaware; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: District of Columbia; Prohibits use, but with 

exceptions[A]: X; Prohibits use, but with exceptions and with 

quantitative limits: [Empty]; Prohibits use with no exceptions: 

[Empty].



WIC agency: Florida; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Georgia; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Hawaii; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Idaho; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Illinois; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Indiana; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Iowa; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Kansas; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Kentucky; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Louisiana; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Maine; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Maryland; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Massachusetts; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Michigan; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Minnesota; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Missouri; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Montana; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Navajo Nation; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Nebraska; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Nevada; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: New Hampshire; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: New Jersey; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: New Mexico; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: X.



WIC agency: New York; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: North Carolina; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: North Dakota; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Ohio; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Oklahoma; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Oregon; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: X; 

Prohibits use with no exceptions: [Empty].



WIC agency: Pennsylvania; Prohibits use, but with exceptions[A]: X[B]; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Puerto Rico; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Rhode Island; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: South Carolina; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: South Dakota; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Tennessee; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: X.



WIC agency: Texas; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Utah; Prohibits use, but with exceptions[A]: X; Prohibits 

use, but with exceptions and with quantitative limits: [Empty]; 

Prohibits use with no exceptions: [Empty].



WIC agency: Virginia; Prohibits use, but with exceptions[A]: [Empty]; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: X.



WIC agency: Washington; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: West Virginia; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Wisconsin; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Wyoming; Prohibits use, but with exceptions[A]: X; 

Prohibits use, but with exceptions and with quantitative limits: 

[Empty]; Prohibits use with no exceptions: [Empty].



WIC agency: Total; Prohibits use, but with exceptions[A]: 41; Prohibits 

use, but with exceptions and with quantitative limits: 7; Prohibits use 

with no exceptions: 3.



[End of table]



Source: GAO’s analysis of survey data provided by WIC agencies.



[A] Exceptions to prohibiting the use of noncontract standard formula 

may be based on either medical documentation or religious reasons, as 

allowed by federal regulations.



[B] As of March 2002, Alabama’s and Pennsylvania’s policies changed to 

prohibit the use of noncontract standard formula without exception.



The 7 agencies that set quantitative limits on the use of noncontract 

standard formula all differed to some degree in their approach, with 

the maximum limit for noncontract formula usually set at 2 to 4 percent 

of all infant formula or all standard infant formula issued. (See table 

3.) For example, the Oregon agency has two maximum usage rates for 

local agencies: 4 percent for noncontract standard cow’s milk-based 

formula and 8 percent for noncontract standard soy-based formula; and 

the Louisiana agency requires that 96 percent of all standard formula 

be contract formula which, in effect, sets the limit for noncontract 

standard formula at 4 percent.



Table 3: Policies Setting Quantitative Limits on the Use of Noncontract 

Standard Formula at Seven WIC Agencies as of February 2002:



WIC agency: California; Quantitative limit policy: “A local agency’s 

noncontract [standard] formula issuance rate shall be only 2 percent of 

total formula issuance.”.



WIC agency: Illinois; Quantitative limit policy: “Issuance of 

noncontract [standard] brands of iron-fortified milk-based, lactose 

free and soy-based formula (on average) should not exceed 3 percent of 

the local agency’s infant formula enrollment.”.



WIC agency: Indiana; Quantitative limit policy: On January 30, 2002 the 

Indiana WIC agency changed its policy to “limit standard infant 

formulas that are not covered under our Infant Formula Rebate contract 

to an exception rate of 2%.” The agency’s previous policy stated “No 

local agency may exceed a 4% noncontract [standard] formula allowance 

without documented permission from the State WIC Office.”.



WIC agency: Louisiana; Quantitative limit policy: “At least 96 percent 

of standard formulas issued to infants must be standard contract 

formula.”.



WIC agency: Minnesota; Quantitative limit policy: “The maximum number 

of infants on noncontract [standard], iron-fortified formula is 4 

percent of the local agency infant caseload or five infants whichever 

is greater.”.



WIC agency: Ohio; Quantitative limit policy: “Statewide, issuance of 

nonprimary [noncontract standard] formulas is limited to 4 percent of 

the total participants receiving iron-fortified milk-base or soy-based 

formula, not including special formulas. Each local WIC project is 

assigned a maximum number of nonprimary formula slots.”.



WIC agency: Oregon; Quantitative limit policy: “Local programs are 

expected to have a usage rate of no greater than 4 percent for non-bid 

[noncontract standard] cow’s milk-based formula and 8 percent for non-

bid [noncontract standard] soy-based formula.”.



[End of table]



Source: WIC agencies’ policies on noncontract standard infant formula 

use.



The Mississippi, New Mexico, Tennessee, and Virginia WIC agencies all 

had policies prohibiting the use of noncontract standard formula and 

did not issue any such formula in February of 2002.[Footnote 5] New 

Mexico and Tennessee had such a policy in place since before February 

2000, while Virginia’s policy took effect in July 2001. In addition to 

these 3 WIC agencies, Alabama and Pennsylvania both implemented 

policies prohibiting the issuance of noncontract standard formula in 

March 2002, although Alabama allowed WIC infants already receiving a 

noncontract standard formula to continue doing so and Pennsylvania 

allowed existing vouchers for noncontract standard formula to be used. 

The directors of the Alabama and Pennsylvania WIC agencies told us that 

the overall implementation of the prohibition on noncontract standard 

formula had gone smoothly and there were few complaints from WIC 

participants.



To obtain perspective from other states about a policy that would 

prohibit the use of noncontract standard formula altogether, we asked 

officials of the 4 WIC agencies providing formula to the largest number 

of infants (California, Florida, New York, and Texas) whether they had 

considered instituting a policy of prohibiting the issuance of 

noncontract standard formula without exception, and what the overall 

effect of such a policy would be on WIC participants in their states. 

Three (California, Florida, and Texas) responded that their agencies 

had considered prohibiting the issuance of noncontract standard formula 

but had decided not to do so. Generally, the Texas and Florida agencies 

stated that if they prohibited the use of noncontract standard formula 

the likely effect on infants receiving noncontract standard formula 

would be (1) the larger portion of parents of these infants would ask 

their doctors to prescribe nonstandard formulas, which could cost the 

agency more than the noncontract standard formula, (2) some parents 

would remove their infants from the WIC program; and (3) few or no 

infants would be switched to the contract standard formula. California 

WIC agency officials said that projecting the impact on WIC families of 

prohibiting noncontract standard formula is speculative, but that some 

families would probably switch to a contract standard formula, others 

might drop out of the program, and some participants might ask their 

doctor to put the infant on a more expensive nonstandard formula.



The New York WIC agency had not considered a policy of prohibiting the 

use of noncontract standard formula. However, an agency official 

believed such a prohibition would cause a majority of users of 

noncontract standard formula to either switch to contract standard 

formula or seek another party to pay for noncontract standard formula, 

such as U.S. Department of Agriculture’s Commodity Supplemental Food 

Program, Medicaid or food banks. The official does not believe that 

prohibiting noncontract standard formula would lead to an increase in 

requests for nonstandard formula.



About 3 Percent of WIC Infants Receive Noncontract Standard Formula, 

but Extent Varies Greatly Among WIC Agencies:



Nationally, 3.3 percent of WIC infants using formula received 

noncontract standard formula in February 2002, according to usage data 

reported by 45 WIC agencies that had these data. By comparison, 90.3 

percent of all infants received contract standard formula, while 6.4 

percent received nonstandard formulas, which are special formulas for 

infants who cannot use standard formula. (See fig.2.) There was 

substantial variation in these percentages from agency to agency. The 3 

agencies with the most restrictive policies that prohibited the use of 

noncontract standard formula reported they did not use any of this 

formula. Seven agencies that established quantitative limits on 

noncontract standard formula use had mixed success in staying within 

their limits. Four of the 7 agencies that set the highest limits stayed 

within their limits while the 3 agencies with the lowest established 

limits exceeded their limits. Also, the 7 agencies, on average, issued 

a somewhat greater portion of noncontract standard formula than did the 

remaining 35 agencies that only restricted its use to specific 

situations. Officials at selected WIC agencies reported that the use of 

noncontract standard formula for religious reasons was very limited.



Figure 2: Infants Issued Contract Standard, Noncontract Standard, and 

Nonstandard Formula as a Percentage of All Infants Receiving Formula in 

February 2002 for 45 WIC Agencies:



[See PDF for image]



[End of figure]



Agencies Showed Variation in Both Noncontract Standard and Nonstandard 

Formula Use:



The percentage of WIC infants receiving noncontract standard formula in 

February 2002 ranged from a low of zero to a high of 10.5 percent, as 

reported by the 45 agencies that provided this information. (See table 

4.) Four agencies (New Mexico, Tennessee, Virginia, and the Navajo 

Nation) reported issuing no noncontract standard formula in February 

2002. Three other agencies reported rates of less than 1 percent: 

Arkansas, Maryland, and Georgia reported rates of 0.04, 0.6, and 0.7 

percent, respectively. At the other end of the spectrum, Utah issued 

vouchers for noncontract standard formula to 8.5 percent of all WIC 

infants, Puerto Rico to 8.9 percent, and Wyoming to 10.5 percent. 

However, Wyoming and Utah are 2 of the smaller agencies in terms of 

number of WIC infants served, so despite the high percentage figure, 

the number of infants issued vouchers for noncontract standard formula 

by these agencies is relatively small compared to other larger WIC 

agencies.



Table 4: Number of Infants Issued Vouchers for Contract Standard, 

Noncontract Standard, and Nonstandard Formula as a Percentage of All 

Infants Receiving Formula in February 2002 for 45 WIC Agencies:



WIC agency: Alabama; Contract standard: 89.0; Noncontract standard: 

2.3; Nonstandard: 8.7.



WIC agency: Alaska; Contract standard: 94.5; Noncontract standard: 3.2; 

Nonstandard: 2.3.



WIC agency: Arizona; Contract standard: 80.2; Noncontract standard: 

3.9; Nonstandard: 15.9.



WIC agency: Arkansas; Contract standard: 91.1; Noncontract standard: 

0.04; Nonstandard: 8.9.



WIC agency: California; Contract standard: 94.4; Noncontract standard: 

4.6; Nonstandard: 1.0.



WIC agency: Colorado; Contract standard: 89.0; Noncontract standard: 

6.8; Nonstandard: 4.2.



WIC agency: Connecticut; Contract standard: 88.3; Noncontract standard: 

3.3; Nonstandard: 8.4.



WIC agency: Delaware; Contract standard: 86.0; Noncontract standard: 

6.8; Nonstandard: 7.2.



WIC agency: District of Columbia; Contract standard: 94.4; Noncontract 

standard: 4.7; Nonstandard: 0.9.



WIC agency: Florida; Contract standard: 87.8; Noncontract standard: 

5.9; Nonstandard: 6.2.



WIC agency: Georgia; Contract standard: 90.9; Noncontract standard: 

0.7; Nonstandard: 8.5.



WIC agency: Hawaii; Contract standard: 95.1; Noncontract standard: 2.6; 

Nonstandard: 2.3.



WIC agency: Illinois; Contract standard: 91.8; Noncontract standard: 

3.7; Nonstandard: 4.5.



WIC agency: Indiana; Contract standard: 86.0; Noncontract standard: 

6.8; Nonstandard: 7.2.



WIC agency: Iowa; Contract standard: 93.1; Noncontract standard: 2.5; 

Nonstandard: 4.4.



WIC agency: Kansas; Contract standard: 93.0; Noncontract standard: 3.0; 

Nonstandard: 4.0.



WIC agency: Kentucky; Contract standard: 82.1; Noncontract standard: 

7.9; Nonstandard: 10.0.



WIC agency: Louisiana; Contract standard: 89.9; Noncontract standard: 

2.4; Nonstandard: 7.7.



WIC agency: Maine; Contract standard: 89.6; Noncontract standard: 2.9; 

Nonstandard: 7.5.



WIC agency: Maryland; Contract standard: 93.7; Noncontract standard: 

0.6; Nonstandard: 5.7.



WIC agency: Massachusetts; Contract standard: 93.2; Noncontract 

standard: 1.4; Nonstandard: 5.4.



WIC agency: Michigan; Contract standard: 93.4; Noncontract standard: 

4.1; Nonstandard: 2.5.



WIC agency: Minnesota; Contract standard: 90.9; Noncontract standard: 

2.9; Nonstandard: 6.2.



WIC agency: Navajo Nation; Contract standard: 95.6; Noncontract 

standard: 0.0; Nonstandard: 4.4.



WIC agency: Nebraska; Contract standard: 86.7; Noncontract standard: 

2.7; Nonstandard: 10.7.



WIC agency: Nevada; Contract standard: 97.6; Noncontract standard: 2.1; 

Nonstandard: 0.2.



WIC agency: New Jersey; Contract standard: 95.7; Noncontract standard: 

1.4; Nonstandard: 2.9.



WIC agency: New Mexico; Contract standard: 94.8; Noncontract standard: 

0.0; Nonstandard: 5.2.



WIC agency: New York; Contract standard: 91.1; Noncontract standard: 

2.3; Nonstandard: 6.5.



WIC agency: Ohio; Contract standard: 78.3; Noncontract standard: 1.8; 

Nonstandard: 19.9.



WIC agency: Oklahoma; Contract standard: 92.5; Noncontract standard: 

2.7; Nonstandard: 4.8.



WIC agency: Oregon; Contract standard: 93.9; Noncontract standard: 3.8; 

Nonstandard: 2.3.



WIC agency: Pennsylvania; Contract standard: 90.6; Noncontract 

standard: 5.9; Nonstandard: 3.5.



WIC agency: Puerto Rico; Contract standard: 63.5; Noncontract standard: 

8.9; Nonstandard: 27.7.



WIC agency: Rhode Island; Contract standard: 90.3; Noncontract 

standard: 3.1; Nonstandard: 6.5.



WIC agency: South Carolina; Contract standard: 90.0; Noncontract 

standard: 3.0; Nonstandard: 7.0.



WIC agency: South Dakota; Contract standard: 82.9; Noncontract 

standard: 7.2; Nonstandard: 9.9.



WIC agency: Tennessee; Contract standard: 92.7; Noncontract standard: 

0.0; Nonstandard: 7.3.



WIC agency: Texas; Contract standard: 95.3; Noncontract standard: 1.4; 

Nonstandard: 3.3.



WIC agency: Utah; Contract standard: 85.8; Noncontract standard: 8.5; 

Nonstandard: 5.7.



WIC agency: Virginia; Contract standard: 91.0; Noncontract standard: 

0.0; Nonstandard: 9.0.



WIC agency: Washington; Contract standard: 92.2; Noncontract standard: 

4.5; Nonstandard: 3.2.



WIC agency: West Virginia; Contract standard: 87.7; Noncontract 

standard: 6.4; Nonstandard: 5.9.



WIC agency: Wisconsin; Contract standard: 92.0; Noncontract standard: 

3.8; Nonstandard: 4.2.



WIC agency: Wyoming; Contract standard: 81.1; Noncontract standard: 

10.5; Nonstandard: 8.4.



WIC agency: Weighted average.



[End of table]



Source: GAO’s analysis of survey data provided by WIC agencies.



Note: Idaho, Missouri, Montana, New Hampshire, North Carolina, and 

North Dakota are excluded from this table because they either did not 

provide or did not completely provide these data for our survey.



The variation in the percentage of infants who received nonstandard 

formula was even greater than the percentage that received noncontract 

standard formula. The use of nonstandard formula ranged from 0.2 

percent of all infants receiving WIC formula in Nevada and 0.9 percent 

in the District of Columbia to 27.7 percent in Puerto Rico and 19.9 

percent in Ohio. Appendix II shows the number of infants using each 

type of formula, by agency.



Reasons for Variations Not Fully Known, but Restrictiveness of Policies 

Plays a Role:



Our survey was designed to gather basic information about noncontract 

standard formula usage in the absence of any available information on 

this issue. FNS is not routinely collecting from WIC agencies the data 

that would allow it to monitor the effectiveness of these agencies in 

restricting the use of noncontract standard formula. To provide some 

perspective on why there was so much variation in noncontract standard 

formula usage rates, we contacted certain agencies, especially those 

with the lowest percentage usage and those with the largest programs. 

For agencies with the lowest percentage of infants receiving 

noncontract standard formula, the restrictiveness of the agency policy 

with regard to noncontract formula is clearly a factor. Three of the 4 

agencies reporting zero usage (New Mexico, Tennessee, and Virginia) had 

policies in place prohibiting the use of noncontract standard formula 

with no exceptions.



The 4 largest of the 48 agencies that allowed the use of noncontract 

standard formula in specific situations (California, Florida, New York, 

and Texas) varied considerably in the percentage of infants who 

received this formula. Two of them, Texas and New York, issued vouchers 

for noncontract standard formula to a smaller percentage of infants 

than the average of 3.3 percent for all 45 agencies. Texas’s percentage 

was 1.4 percent, while New York’s was 2.3 percent. Texas and New York 

pointed to policies and practices they regarded as restrictive as the 

reason for their relatively low percentages. Officials at the Texas 

agency said their practice for issuing vouchers for noncontract 

standard formula was restrictive enough that they were a little 

concerned it may have shifted some infants into nonstandard formula, 

which is more expensive than noncontract standard formula. However, 

Texas’s rate of 3.3 percent for nonstandard formula was also lower than 

the average reported by all agencies (6.4 percent). A New York agency 

official said the agency restricts the approval of certain noncontract 

standard formulas and that is tantamount to prohibiting the issuance of 

those particular formulas.



California and Florida, by contrast, reported noncontract standard 

rates that were above the national average of 3.3 percent: California’s 

rate was 4.6 percent, while Florida’s was 5.9 percent. Our discussions 

with agency officials about the possible reasons for their relatively 

high rates showed that the factors contributing to such rates might 

vary considerably from agency to agency. In California, for example, 

agency officials said they grapple on a continuing basis with 

responding to parental requests for noncontract standard formula 

because the infant received noncontract standard formula in the 

hospital at birth. California officials have drafted a new policy, 

which they designed to limit the use of noncontract standard 

formula.[Footnote 6] Florida officials said the use of noncontract 

standard formula in their state, which had historically been less than 

3 percent, increased when a different manufacturer became the contract 

supplier. Florida’s experience is discussed in more detail later in 

this report.



Agencies with Low Quantitative Limits on Noncontract Standard Formula 

Use Exceeded Them:



The 3 agencies that set a low quantitative limit (2 or 3 percent of all 

formula used) on the use of noncontract standard formula exceeded that 

limit in February 2002. However, the 4 agencies that set a higher limit 

(4 percent) stayed below that limit. On average, the 7 agencies with 

policies setting quantitative limits actually issued a somewhat greater 

portion of noncontract standard formula (4.0 percent of all formula 

issued) than did 35 WIC agencies that also granted exceptions but did 

not set quantitative limits (3.3 percent).[Footnote 7] (See table 5.):



Table 5: Percent of Noncontract Standard Formula Used for WIC Agencies 

with Quantitative Limits on Noncontract Standard Formula, February 

2002:



WIC agency: California; Established quantitative limit, February 2002: 

2; Noncontract standard infant formula used, February 2002: 4.6.



WIC agency: Illinois; Established quantitative limit, February 2002: 3; 

Noncontract standard infant formula used, February 2002: 3.7.



WIC agency: Indiana; Established quantitative limit, February 2002: 2; 

Noncontract standard infant formula used, February 2002: 6.8.



WIC agency: Louisiana; Established quantitative limit, February 2002: 

4; Noncontract standard infant formula used, February 2002: 2.4.



WIC agency: Minnesota; Established quantitative limit, February 2002: 

4; Noncontract standard infant formula used, February 2002: 2.9.



WIC agency: Ohio; Established quantitative limit, February 2002: 4; 

Noncontract standard infant formula used, February 2002: 1.8.



WIC agency: Oregon; Established quantitative limit, February 2002: 4; 

Noncontract standard infant formula used, February 2002: 3.8.



WIC agency: Weighted average; Established quantitative limit, February 

2002: [Empty]; Noncontract standard infant formula used, February 2002: 

4.0.



[End of table]



Source: GAO’s analysis of data provided by WIC agencies.



Only Limited Issuance of Noncontract Standard Formula for Religious 

Reasons Identified:



It does not appear that a substantial amount of the noncontract 

standard formula is issued for religious reasons. Religious concerns 

about contract standard formula mainly involved the brands manufactured 

by a company, whose formula contained ingredients or involved 

manufacturing processes that did not meet some groups’ requirements. We 

contacted all five agencies that had contracts with the company as of 

February 2002, and officials from four of the five said they issued 

small amounts of noncontract standard formula for religious reasons. 

For example, in New Jersey, where the rate of noncontract formula is 

1.4 percent, an agency official said all of the noncontract standard 

formula was issued for Orthodox Jewish infants whose parents do not 

find the soy-based, kosher contract standard formula provided by the 

New Jersey agency to be manufactured to strict enough standards to be 

acceptable. The agency permits the issuance of noncontract standard 

soy-based, kosher formula, which is made by other manufacturers and is 

acceptable to Orthodox Jewish parents. The Kentucky WIC agency also 

issued a small amount on noncontract standard formula to meet the 

kosher requirements of some Jewish parents. Similarly, officials from 

the Florida and North Dakota agencies said a very few Muslim 

participants received noncontract standard formula because they find a 

pork enzyme used in the manufacture of the milk-based contract standard 

formula to be unacceptable and are unable or not required to use the 

soy-based standard contract formula which does not contain the pork 

enzyme. We contacted 5 other agencies (Alabama, New Mexico, New York, 

Pennsylvania, and Tennessee) that had contracts with other 

manufacturers, and none of them reported issuing any noncontract 

standard formula for religious reasons.



No Research Found on Effects of Switching Brands of Standard Infant 

Formula:



We found no research that directly addressed the question of whether 

normal, healthy infants are adversely affected by switching to a 

different standard formula brand, and no research that directly 

addressed whether infants exhibit a strong preference for the first 

standard formula they use. The studies we identified addressed such 

things as whether stool characteristics changed as a result of changing 

formula, but they did not note any adverse effects from making the 

switch. In the past, FNS has also studied the issue of switching 

between standard formulas and found no scientific evidence to support 

the need for a gradual rather than immediate switch. However, some WIC 

agencies report that when a switch in contract standard formula occurs, 

use of noncontract standard formula rises. Thirty-two of the WIC 

agencies we surveyed had entered into new contracts resulting in a 

change of infant formula manufacturer and of contract standard formula 

brand, and of these, 7 (22 percent) reported that an increase in 

noncontract standard formula use occurred after changing contract 

standard formula brands.



Research Identified Addresses Narrower Topics:



We identified two industry-sponsored studies that addressed how infants 

are affected by switching between brands of standard formula. These 

studies were “Formula Tolerance in Postbreastfed and Exclusively 

Formula-fed Infants” and “Effect of Infant Formula on Stool 

Characteristics of Young Infants.”[Footnote 8] Two of the 51 agencies 

also informed us of these studies. The two studies did not disclose any 

adverse affect for normal, healthy infants from switching to a 

different brand of standard formula but did note differences in such 

things as stool characteristics from switching to a different formula 

brand.



* The first article, supported by Ross Products Division, attempted to 

measure infant tolerance in two standard milk-based formulas, Ross’s 

Similac with iron powder and Mead Johnson’s Enfamil with iron powder. 

Included were healthy, full-term infants, who were either initially 

breastfed in one group or initially formula-fed Similac in another 

group. In both groups, the results of intolerance measures, such as the 

volume of formula intake, weight gain, and incidence of spit-up or 

vomit did not differ between formulas. However, differences were 

observed in stool characteristics, such as color, firmness, and 

frequency. The study concluded that one brand of formula produced stool 

characteristics closer to that of infants who feed on breast milk, and 

it made no mention of stool differences being adverse to an infant’s 

health.



* The second article, supported by Mead Johnson Nutritionals, 

investigated the relationship among four types of Mead Johnson formulas 

(Enfamil, Enfamil with Iron, ProSobee, and Nutramigen) consumed and the 

stooling characteristics and gastrointestinal symptoms of young 

infants. Among formula groups tested, there were variations in stool 

frequency, consistency, and color. However, no significant differences 

were noted in the severity of spitting, gas, and crying between the 

four formula groups. The study concluded that although true 

hypersensitivity to cow’s milk or soy protein may occur, it is uncommon 

and many infants are often mislabeled as being “allergic” to a 

particular formula when their symptoms such as loose stools, gas, 

spitting, and crying probably fall within the normal range of 

variability observed with all infant formulas. The study stressed the 

importance of parental education in the interpretation of stooling 

patterns and gastrointestinal symptoms during the administration of 

various infant formulas, and it made no mention of differences in stool 

characteristics being adverse to an infant’s health.



Prior FNS Review Found No Evidence That Gradual Shift in Standard 

Formula Was Necessary:



FNS headquarters officials also were not aware of any research 

concluding that infants show a strong preference for the first standard 

formula used. However, FNS pointed out that because WIC state agencies 

typically renegotiate rebate contracts every few years, many of the 

infants they serve are required to switch from receiving one brand of 

standard infant formula to another. And on occasion, parents and 

caretakers complained that their infants experienced problems 

tolerating the new brand of formula and requested a noncontract 

standard substitute. Because this situation has raised concern within 

the WIC community, in 1995 FNS explored whether scientific evidence 

exists to support the suggestion that a change of standard formula 

should be gradually introduced into an infant’s diet. FNS wanted to 

ascertain whether a specific amount of time was needed to wean an 

infant from one formula to another and if a particular proportion of 

old-to-new formula was recommended.



In its research of this issue, FNS contacted the American Academy of 

Pediatrics and the Infant Formula Council to solicit their advice and 

recommendations on the proper methods to use when introducing an infant 

to a change in formula. FNS reported that the American Academy of 

Pediatrics stated “scientific literature does not reveal any compelling 

evidence for adopting a guideline suggesting the delayed introduction 

of infant formula products for well babies.” Although the Infant 

Formula Council did not directly reply to FNS’s inquiry, FNS reported 

that one of the council’s members, Ross Products Division of Abbott 

Laboratories, sent a letter stating that its staff physicians and 

researchers also concluded “no scientific evidence or formal guidelines 

exist concerning the introduction of a formula change.” As a result of 

its inquiry, FNS sent a letter in June 1995, to FNS Regional Directors 

which stated that FNS was “unaware of a medical basis for recommending 

any particular procedures or methods which should be routinely followed 

when a well WIC infant is switched from one standard infant formula to 

another.” Also, in August 2001, in responding to Senator Leahy 

regarding WIC’s issuance of noncontract standard formula, FNS stated 

that almost all infants, except those that are exclusively breastfed, 

can be issued contract standard infant formula without compromising an 

infant’s nutritional needs and that noncontract standard formula should 

only be issued in exceptional situations.



Observations from Some WIC Agencies on Switching Contract Standard 

Formulas:



Considering the possibility that changing infant formula manufacturers 

might lead to an increase in the use of noncontract standard formula, 

we asked the WIC agencies we surveyed to consider how their most recent 

change to a different infant formula manufacturer affected their use of 

noncontract standard infant formula. Most agencies that had switched 

between brands of standard formula for their rebate contract indicated 

that the change had not been accompanied by an increase in noncontract 

standard formula. In all, 32 of the WIC agencies we surveyed had made 

such a change, and 25 of them (78 percent) said the use of noncontract 

standard formula had not increased after their most recent contract 

change to a different infant formula manufacturer.[Footnote 9]



We did not follow up with all of the 7 other agencies that reported an 

increase, but 1 of the 7 (Florida) was among the largest agencies where 

we focused part of our follow-up work.[Footnote 10] A state agency 

official said that use of noncontract formula had traditionally been 

less than 3 percent of all formula issued until February 1999, when the 

Florida WIC agency switched its contract to a new infant formula 

manufacturer. The official cited several reasons for the increase in 

noncontract standard formula use after changing contractors. For 

example, some hospitals were not using the new contractor’s products, 

so infants not exclusively breastfed were started out on a noncontract 

formula rather than a contract formula. In addition, the new contractor 

did not initially market its products to health care professionals in 

Florida. However, Florida’s use of noncontract standard formula has 

declined from 10.1 percent of all infants issued WIC formula in 

February 2000 to 8.6 percent in February 2001 and 5.9 percent in 

February 2002. In October 2002, the Florida agency official informed us 

that there had been a steady decline in requests for noncontract 

standard formulas since the new contractor deployed a medical marketing 

team in Florida. He said the team had good success in some areas in 

gaining physician acceptance and in persuading hospitals to provide 

their products in nurseries to newborns and in pediatric units to 

infants who may participate in the WIC program, although there were 

still some large hospitals that did not offer the new contractor’s 

formulas.



Use of Noncontract Standard Formula Cost WIC about $51 Million in Lost 

Rebates:



Using February 2002 data, we estimated that the use of noncontract 

standard infant formula cost the WIC program $50.9 million annually in 

lost rebates, an amount equal to about 3.7 percent of the rebates 

actually received. This calculation assumes all infants using 

noncontract standard formula would instead use contract standard 

formula. Each WIC infant using noncontract standard formula instead of 

contract standard formula results in the agency foregoing the rebate 

from the infant formula manufacturer. For February 2002, the sum of 

infant formula rebates foregone by the 47 WIC agencies that provided 

data was an estimated $4.25 million. Assuming that February’s total is 

representative of months throughout the year, the annual total is an 

estimated $50.9 million. Assuming the retail price of contract standard 

and noncontract standard infant formula is the same, the foregone 

rebate is also the net cost to the WIC agency. Amounts foregone for 

February 2002 ranged from zero at the 4 WIC agencies that reported 

issuing no noncontract standard formula to $781,370 for California, the 

largest WIC agency. (See appendix III for an estimate of rebates 

foregone in February 2002 by each of 47 WIC agencies; see appendix I 

for a description of the method we used to estimate the amount of 

rebate dollars lost.):



Six WIC agencies--California, Florida, New York, Pennsylvania, Puerto 

Rico, and Texas--accounted for over half of the estimated infant 

formula rebates lost in 2002. All were among the 9 largest agencies in 

terms of the number of infants provided infant formula. These agencies, 

however, did not necessarily have above average percentages of infants 

receiving noncontract standard formula. For example, as a percentage of 

all WIC infants issued formula, Texas issued noncontract standard 

formula to only 1.4 percent of infants and New York to 2.3 percent of 

infants in February 2002. Nevertheless, the sheer size of their 

programs meant that even a below average percentage of infants issued 

noncontract standard formula could result in a substantial amount of 

rebates being foregone.



Six WIC state agencies--Alabama, Mississippi, New Mexico, Pennsylvania, 

Tennessee, and Virginia--have implemented policies prohibiting the use 

of noncontract standard formula entirely. Some state agencies may have 

medical or dietary religious reasons for not entirely prohibiting the 

use of noncontract standard formula. However, an opportunity exists for 

agencies with higher-than-average usage rates to lower their use of 

noncontract standard formula, thereby increasing rebates. If the 19 

agencies with higher-than-average noncontract standard use were able to 

lower their usage rates to 3.3 percent (the average for 45 WIC agencies 

in 2002) rebates could have been increased by an estimated $13.8 

million in 2002 (about 1 percent of annual rebate savings). These 

rebates could have been used to provide additional program benefits to 

women, infants, and children. (See appendix IV for an estimate of 

rebates foregone by each of 19 WIC agencies due to noncontract standard 

formula use in excess of 3.3 percent of all formula issued in February 

2002; see appendix I for a description of the method we used to 

estimate the amount of these rebate dollars foregone.):



Knowing the reasons for the widely varying usage rates among the WIC 

agencies for nonstandard infant formula could also provide an 

opportunity to lower the usage rate of the higher costing formula and 

result in cost savings. FNS is not routinely collecting from WIC 

agencies the data that would allow it to monitor the effectiveness of 

WIC agencies in restricting the use of nonstandard infant formula. As 

shown in table 4, the usage rate reported by the 45 WIC agencies for 

nonstandard infant formula varied significantly. We did not examine the 

cause of this variation because our study focused on the use and cost 

of noncontract standard formula. However, the usage rate reported for 

nonstandard formula (6.4 percent) is nearly double that of noncontract 

standard formula, and nonstandard formula can be, on average, twice as 

expensive as noncontract standard formula. For example, nonstandard 

formula issued in Montgomery County, Ohio in December 2001 cost, on 

average, $19.00 per can compared to $9.48 per can for noncontract 

standard formula. If this cost differential exists nationally, agencies 

may be spending nearly four times as much on nonstandard formula as 

they are on noncontract standard formula. Potential topics on which to 

focus future studies of cost savings opportunities in the WIC program 

may thus include examining why nonstandard formula use varied so widely 

between WIC agencies, and what policies and practices were used by 

agencies that kept their use of nonstandard formula at below-average 

levels.



Conclusions:



Federal law requires WIC state agencies to contain the cost of 

purchasing infant formula. In fiscal year 2001, FNS received $1.4 

billion in rebates from the use of contract standard formula by infants 

participating in the WIC program. The $1.4 billion permitted FNS and 

the WIC agencies to provide WIC benefits to about 2.0 million 

additional participants. In February 2002, we found that 3.3 percent of 

infants received noncontract standard formula and 6.4 percent received 

nonstandard infant formulas for which there were no rebates. FNS has 

stated that almost all healthy infants, except those that are 

exclusively breastfed, can be issued contract standard infant formula 

without compromising an infant’s nutritional needs and that noncontract 

standard formula should only be issued in exceptional situations. Six 

state-level WIC agencies that we contacted have found it feasible to 

prohibit noncontract standard formula entirely.



FNS is not routinely collecting from WIC agencies the data that would 

allow it to monitor the effectiveness of WIC agencies in restricting 

the use of noncontract standard or nonstandard infant formula. The wide 

variation among WIC agencies in the percentage of noncontract standard 

formula used suggests that there is potential for the WIC agencies with 

above-average usage to reduce their use of noncontract standard formula 

and thereby increase rebates received from infant formula 

manufacturers. For example, if the 19 WIC state agencies with above-

average usage had been able to reduce their noncontract standard usage 

to the average of 3.3 percent reported in February 2002, infant formula 

rebates would have been an estimated $13.8 million greater in 2002, 

which would have allowed the program to serve additional participants. 

Beyond the issue of noncontract standard formula use, we observed wide 

variations in the use of nonstandard formulas--those special formulas 

for infants whose health or dietary needs cannot be met through 

standard formulas. The usage rates reported by WIC agencies are nearly 

twice as great and vary even more for nonstandard formulas than for 

noncontract standard formula, and nonstandard formulas can be much more 

expensive.



Recommendations:



To effectively monitor the economical purchase of infant formula, we 

recommend the Secretary of Agriculture direct the Administrator of the 

Food and Nutrition Service to (1) require that WIC agencies develop and 

regularly submit data on their use of noncontract standard infant 

formula, and (2) work with WIC agencies with above-average usage rates 

of noncontract standard formula to implement the best policies and 

practices for reducing the level of use. Additionally, the 

Administrator should (1) require that WIC agencies develop and 

regularly submit data on their use of nonstandard formula, and (2) work 

with WIC agencies with above-average use of nonstandard formula to 

implement the best policies and practices for reducing nonstandard 

formula use.



Agency Comments:



We provided a draft of this report to the Department of Agriculture. 

FNS provided a written response, which is included as appendix V of 

this report. In addition, FNS provided technical comments, which we 

incorporated where appropriate. In its letter, FNS agreed with the 

recommendations in the report and stated that it had recently started 

collecting data that will facilitate the implementation of the 

recommendations. However, FNS expressed concern that GAO’s survey 

instrument may have been misinterpreted by WIC state agencies because 

we used terms to describe types of infant formula that are different 

from FNS’s terms. FNS believes this difference in terminology, and in 

particular our use of the term nonstandard formula, may have resulted 

in WIC state agencies’ overreporting the volume of nonrebated, 

nonstandard infant formula purchased by WIC participants.



We used the term “nonstandard formula” in our report because we wanted 

to capture the different types of special formulas for which states did 

not receive rebates, and this term encompassed all the types of special 

formula not under contract that the WIC agencies used and reported to 

us in our infant formula survey. Our definition of nonstandard formula 

includes both the Food and Drug Administration exempt and the special 

nonexempt formulas that the WIC agencies provided, neither of which 

were covered by a rebate contract as reported by the states. We do not 

believe that the WIC agencies had difficulty interpreting our survey 

terms. We pretested our survey with officials in three states, which 

included a discussion of their understanding of the definitions we 

employed. In addition, after our preliminary analysis of survey 

responses, we contacted officials in four WIC agencies with 

particularly high usage of nonstandard formula to verify the 

correctness of the data they had provided. In three of the four 

instances, state officials chose not to make any changes to the data. 

Although one of the agencies adjusted their nonstandard formula usage 

downward, the adjustment was not required due to difficulty in 

interpreting our infant formula descriptions, but rather was because 

agency officials neglected to subtract exclusively breastfed infants in 

their reported data.



Despite these efforts, it is possible that the amount of nonstandard 

formula use reported by some WIC agencies included the use of nonexempt 

infant formulas that should have been covered by the agencies’ infant 

formula rebate contracts. Whether such instances occurred cannot be 

determined from our survey data. However, if such instances did occur, 

as FNS believes, this only reinforces the importance of our 

recommendation that FNS effectively monitor the use of both noncontract 

standard and nonstandard formulas, including those that are categorized 

as nonexempt and exempt. Such monitoring would help to identify any 

nonstandard, nonexempt formulas manufactured by a WIC agency’s rebate 

contractor that should be covered by the agency’s rebate contract but 

are not.



We are sending copies of this report to the Honorable Ann M. Veneman, 

Secretary of Agriculture; Roberto Salazar, FNS Administrator; 

appropriate congressional committees; and other interested parties. 

Please call me at (202) 512-7215 if you or your staffs have any 

questions about this report. Key contacts and staff acknowledgements 

for this report are listed in appendix VI.



Signed by Marnie S. Shaul:



Marnie S. Shaul

Director, Education, Workforce

 and Income Security Issues:



[End of section]



Appendix I: Scope and Methodology:



At the state level, the WIC program is administered through 88 state-

level WIC agencies and a network of over 2,000 local agencies. The 88 

state-level WIC agencies, which received program funding in fiscal year 

2001, include agencies in all 50 states, the District of Columbia, 

American Samoa, the Commonwealth of Puerto Rico, Guam, the U.S. Virgin 

Islands, and 33 Indian Tribal Organizations. We obtained most of the 

data used to address our report objectives from the responses to a 

survey on the use of infant formula we sent out in June 2002 to 51 WIC 

agencies (48 states, the District of Columbia, the Navajo Nation tribal 

organization, and Puerto Rico). These agencies collectively represented 

over 97 percent of the WIC infant participants in fiscal year 2001 and 

they primarily relied on the competitively bid rebate contracts with 

infant formula manufacturers to comply with federal cost containment 

requirements for infant formula. All 51 WIC agencies receiving our 

survey responded. However, some agencies were unable to answer every 

survey question due to the unavailability of some data.



Of the 88 WIC agencies that received program funding in fiscal year 

2001, we excluded 37 agencies from our survey. Seventeen were excluded 

because they were exempted from continuously operating a cost 

containment system for infant formula that is implemented in accordance 

with 7 CFR 246.16a, Infant Formula Cost Containment. Two WIC agencies, 

Mississippi and Vermont, were exempted because they did not use retail 

stores for distributing infant formula to their WIC participants. 

Mississippi uses a direct distribution delivery system under which 

participants pick up formula from storage facilities operated by the 

state or local agency. Vermont uses a home delivery system under which 

formula is delivered to the participant’s home. Fifteen Indian tribal 

organizations were exempted because they served 1,000 or fewer WIC 

participants. Another 20 WIC agencies (Guam, Virgin Islands, American 

Samoa, and 17 other Indian tribal organizations) we judgmentally 

excluded from our survey because they served fewer infant participants 

in fiscal year 2001 than Wyoming, the smallest WIC state agency.



Our survey was necessary because data on the use of contract standard, 

noncontract standard and nonstandard infant formula by WIC agency was 

not available from FNS. In addition, some of the WIC agencies did not 

account for the number of infants receiving each type of formula. As a 

result, 3 of the 51 agencies we surveyed were unable to provide any 

data on the number of infants using each type of infant formula in 

February of 2000, 2001, or 2002. Another 9 agencies could provide only 

partial data. Of the agencies that provided data on the number of 

infants using each type of formula in each of the three years, some had 

to estimate the number of infants receiving each type of formula based 

on the number of cans of formula issued and still other agencies had to 

make special analyses of computerized data that took up to two months 

to complete. We did not independently verify the accuracy of the 

information these agencies reported to us and we did not examine the 

effectiveness of their policies or practices. However, when we 

completed our analysis of agency data we did contact several agencies 

that had very low or very high usage of either noncontract standard or 

nonstandard formula to verify the correctness of the data they had 

provided. Several of these agencies provided us with revised formula 

usage data in response to our inquiries.



Our survey was designed to determine, for each responding WIC agency, 

the amount of infant formula use for infant participants based on the 

number of infants that were issued three categories of formula--

contract standard, noncontract standard or nonstandard formula during 

the month of February for the years 2000, 2001, and 2002. The number of 

infants receiving the three categories of formula was determined to be 

a reasonable proxy for the extent that infant formula was being used 

and it was a common measure that could be obtained from most WIC 

agencies. Also, we limited the infant use data collected and the amount 

of rebate dollars received to just one month for each year to minimize 

the work required by WIC agencies responding to our survey. We used the 

month of February because that was the most current month in 2002 we 

could use and still expect to receive information on the amount of 

rebate dollars received or billed for, considering the lag time 

typically required for WIC agencies to determine the amount of rebate 

dollars they will receive for a given month for contract standard 

formula purchased.



In determining what research says about the extent that infants are 

adversely affected by switching to a different brand of standard infant 

formula intended for normal healthy babies, we performed an extensive 

literature search and we used a question in our survey of 51 WIC 

agencies to ask if they were aware of any studies or research that have 

addressed how switching standard formulas affects infants. Also, 

considering the possibility that changing infant formula manufacturers 

might lead to an increase in the use of noncontract standard formula, 

we used another survey question to ask each responding WIC agency to 

describe how changing its contract to the current infant formula 

manufacturer may have affected their infant participants’ use of 

noncontract standard infant formula. In addition to conducting the 

survey, we discussed WIC infant formula use with officials at WIC 

agencies and at FNS headquarters and regional offices, and we reviewed 

relevant regulations and research.



To determine whether WIC agencies restricted the use of noncontract 

standard formula, we primarily relied on the answers to a survey 

question which asked what the WIC agency’s current policy was on the 

use of noncontract standard formula, and we also obtained copies of the 

WIC agencies’ policies pertaining to the use of noncontract standard 

formula. To determine the extent that infants in the WIC program 

receive noncontract standard formula we relied on a survey question 

which asked, during the month of February in each of the years 2000, 

2001, and 2002, how many infants each WIC state agency provided with 

each of the three categories of formula. First, the WIC agencies 

reported all infant formula used for which rebates were received. In 

addition, they reported all infant formula used for which no rebates 

were received, and this no-rebate-received category was provided in two 

parts: noncontract standard formula and nonstandard formula. Therefore, 

we assumed all nonstandard formula reported to be noncontract formula, 

that is, not included in contracts for rebates from infant formula 

manufacturers.



In estimating the dollar effect of using noncontract standard formula, 

we assumed that all infants that used noncontract standard formula 

could and would have used contract standard formula if noncontract 

standard formula had been prohibited from use. Also, assuming that the 

retail price of contract and noncontract standard infant formula was 

the same, the rebate dollars foregone would equal the net cost to the 

WIC agencies. To estimate the dollar effect of using noncontract 

standard formula, we multiplied the number of infants provided 

noncontract standard formula in February 2002 for each of the 47 WIC 

agencies that provided data times the average rebate received per 

infant by that agency to obtain the amount of rebate dollars forgone. 

Computations made to estimate the rebate dollars foregone by each of 19 

WIC agencies with noncontract standard use in excess of the 3.3 percent 

average for all agencies that reported data in February 2002, are as 

follows: (1) we multiplied the total infants receiving formula by 0.033 

to obtain the number of infants required to attain a 3.3 percent 

noncontract standard formula usage rate, (2) we subtracted the number 

of infants required to attain a 3.3 percent noncontract standard 

formula usage rate from the total infants that received such formula to 

obtain the number of infants receiving noncontract standard formula in 

excess of the 3.3 percent rate, and (3) we multiplied the number of 

infants receiving noncontract standard formula in excess of 3.3 percent 

by the average monthly rebate received per infant using contract 

standard formula to obtain the number of rebate dollars foregone. The 

total of all rebate dollars foregone by each agency in February was 

multiplied by 12 to obtain an estimated annual effect of using 

noncontract standard formula. This a conservative estimate because 

February is the shortest month of the year. Data for these calculations 

were derived from responses to survey questions.



[End of section]



Appendix II: Number of Infants That Received Contract Standard, 

Noncontract Standard, and Nonstandard Formula:



Table 6: Number of Infants That Received Contract Standard, Noncontract 

Standard, and Nonstandard Formula in February 2002 for 45 WIC Agencies:



WIC agency: Alabama; Contract standard: 27,262; Noncontract standard: 

704; Nonstandard: 2,665; Total: 30,631.



WIC agency: Alaska; Contract standard: 3,923; Noncontract standard: 

134; Nonstandard: 95; Total: 4,152.



WIC agency: Arizona; Contract standard: 28,949; Noncontract standard: 

1,408; Nonstandard: 5,739; Total: 36,096.



WIC agency: Arkansas; Contract standard: 20,093; Noncontract standard: 

8; Nonstandard: 1,957; Total: 22,058.



WIC agency: California; Contract standard: 229,914; Noncontract 

standard: 11,149; Nonstandard: 2,532; Total: 243,595.



WIC agency: Colorado; Contract standard: 12,785; Noncontract standard: 

970; Nonstandard: 608; Total: 14,363.



WIC agency: Connecticut; Contract standard: 11,248; Noncontract 

standard: 421; Nonstandard: 1,067; Total: 12,736.



WIC agency: Delaware; Contract standard: 2,776; Noncontract standard: 

220; Nonstandard: 233; Total: 3,229.



WIC agency: District of Columbia; Contract standard: 4,188; Noncontract 

standard: 210; Nonstandard: 40; Total: 4,438.



WIC agency: Florida; Contract standard: 65,086; Noncontract standard: 

4,394; Nonstandard: 4,613; Total: 74,093.



WIC agency: Georgia; Contract standard: 60,557; Noncontract standard: 

443; Nonstandard: 5,653; Total: 66,653.



WIC agency: Hawaii; Contract standard: 6,606; Noncontract standard: 

184; Nonstandard: 160; Total: 6,950.



WIC agency: Illinois; Contract standard: 61,516; Noncontract standard: 

2,477; Nonstandard: 3,022; Total: 67,015.



WIC agency: Indiana; Contract standard: 31,452; Noncontract standard: 

2,470; Nonstandard: 2,637; Total: 36,559.



WIC agency: Iowa; Contract standard: 12,527; Noncontract standard: 338; 

Nonstandard: 588; Total: 13,453.



WIC agency: Kansas; Contract standard: 9,885; Noncontract standard: 

322; Nonstandard: 422; Total: 10,629.



WIC agency: Kentucky; Contract standard: 21,922; Noncontract standard: 

2,109; Nonstandard: 2,666; Total: 26,697.



WIC agency: Louisiana; Contract standard: 35,658; Noncontract standard: 

938; Nonstandard: 3,059; Total: 39,655.



WIC agency: Maine; Contract standard: 4,219; Noncontract standard: 137; 

Nonstandard: 354; Total: 4,710.



WIC agency: Maryland; Contract standard: 24,613; Noncontract standard: 

165; Nonstandard: 1,486; Total: 26,264.



WIC agency: Massachusetts; Contract standard: 23,110; Noncontract 

standard: 344; Nonstandard: 1,337; Total: 24,791.



WIC agency: Michigan; Contract standard: 45,745; Noncontract standard: 

2,029; Nonstandard: 1,227; Total: 49,001.



WIC agency: Minnesota; Contract standard: 20,095; Noncontract standard: 

640; Nonstandard: 1,366; Total: 22,101.



WIC agency: Navajo Nation; Contract standard: 2,793; Noncontract 

standard: 0; Nonstandard: 128; Total: 2,921.



WIC agency: Nebraska; Contract standard: 7,690; Noncontract standard: 

236; Nonstandard: 948; Total: 8,874.



WIC agency: Nevada; Contract standard: 10,273; Noncontract standard: 

225; Nonstandard: 25; Total: 10,523.



WIC agency: New Jersey; Contract standard: 32,218; Noncontract 

standard: 462; Nonstandard: 992; Total: 33,672.



WIC agency: New Mexico; Contract standard: 10,191; Noncontract 

standard: 0; Nonstandard: 555; Total: 10,746.



WIC agency: New York; Contract standard: 117,385; Noncontract standard: 

3,012; Nonstandard: 8,413; Total: 128,810.



WIC agency: Ohio; Contract standard: 54,761; Noncontract standard: 

1,268; Nonstandard: 13,918; Total: 69,947.



WIC agency: Oklahoma; Contract standard: 22,326; Noncontract standard: 

655; Nonstandard: 1,152; Total: 24,133.



WIC agency: Oregon; Contract standard: 15,188; Noncontract standard: 

617; Nonstandard: 375; Total: 16,180.



WIC agency: Pennsylvania; Contract standard: 45,226; Noncontract 

standard: 2,951; Nonstandard: 1,754; Total: 49,931.



WIC agency: Puerto Rico; Contract standard: 31,240; Noncontract 

standard: 4,378; Nonstandard: 13,613; Total: 49,231.



WIC agency: Rhode Island; Contract standard: 3,615; Noncontract 

standard: 126; Nonstandard: 262; Total: 4,003.



WIC agency: South Carolina; Contract standard: 26,177; Noncontract 

standard: 873; Nonstandard: 2,036; Total: 29,086.



WIC agency: South Dakota; Contract standard: 3,158; Noncontract 

standard: 274; Nonstandard: 376; Total: 3,808.



WIC agency: Tennessee; Contract standard: 38,607; Noncontract standard: 

0; Nonstandard: 3,059; Total: 41,666.



WIC agency: Texas; Contract standard: 176,227; Noncontract standard: 

2,582; Nonstandard: 6,113; Total: 184,922.



WIC agency: Utah; Contract standard: 8,375; Noncontract standard: 832; 

Nonstandard: 554; Total: 9,761.



WIC agency: Virginia; Contract standard: 29,281; Noncontract standard: 

0; Nonstandard: 2,896; Total: 32,177.



WIC agency: Washington; Contract standard: 28,266; Noncontract 

standard: 1,390; Nonstandard: 990; Total: 30,646.



WIC agency: West Virginia; Contract standard: 10,008; Noncontract 

standard: 730; Nonstandard: 671; Total: 11,409.



WIC agency: Wisconsin; Contract standard: 22,107; Noncontract standard: 

913; Nonstandard: 1,009; Total: 24,029.



WIC agency: Wyoming; Contract standard: 1,509; Noncontract standard: 

196; Nonstandard: 156; Total: 1,861.



WIC agency: Totals; Contract standard: 1,460,750; Noncontract standard: 

53,934; Nonstandard: 103,521; Total: 1,618,205.



[End of table]



Source: GAO survey of WIC agencies.



Note: Idaho, Missouri, Montana, New Hampshire, North Carolina, and 

North Dakota are excluded from this table because they either did not 

provide or did not completely provide these data for our survey.



[End of section]



Appendix III: Estimate of Rebates Foregone by WIC Agency:



Table 7: Estimate of Rebates Foregone in February 2002 by 47 WIC 

Agencies:



WIC agency: Alabama; Number of infants receiving noncontract standard 

formula: 704; Average monthly rebate received per WIC contract standard

formula infant: $90.10; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: $63,431.



WIC agency: Alaska; Number of infants receiving noncontract standard 

formula: 134; Average monthly rebate received per WIC contract standard

formula infant: 60.68; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 8,131.



WIC agency: Arizona; Number of infants receiving noncontract standard 

formula: 1,408; Average monthly rebate received per WIC contract 

standard

formula infant: 76.43; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 107,614.



WIC agency: Arkansas; Number of infants receiving noncontract standard 

formula: 8; Average monthly rebate received per WIC contract standard

formula infant: 83.47; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 668.



WIC agency: California; Number of infants receiving noncontract 

standard formula: 11,149; Average monthly rebate received per WIC 

contract standard

formula infant: 70.08; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 781,370.



WIC agency: Colorado; Number of infants receiving noncontract standard 

formula: 970; Average monthly rebate received per WIC contract standard

formula infant: 93.13; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 90,337.



WIC agency: Connecticut; Number of infants receiving noncontract 

standard formula: 421; Average monthly rebate received per WIC contract 

standard

formula infant: 80.09; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 33,716.



WIC agency: Delaware; Number of infants receiving noncontract standard 

formula: 220; Average monthly rebate received per WIC contract standard

formula infant: 101.77; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 22,390.



WIC agency: District of Columbia; Number of infants receiving 

noncontract standard formula: 210; Average monthly rebate received per 

WIC contract standard

formula infant: 66.62; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 13,991.



WIC agency: Florida; Number of infants receiving noncontract standard 

formula: 4,394; Average monthly rebate received per WIC contract 

standard

formula infant: 72.13; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 316,932.



WIC agency: Georgia; Number of infants receiving noncontract standard 

formula: 443; Average monthly rebate received per WIC contract standard

formula infant: 70.33; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 31,154.



WIC agency: Hawaii; Number of infants receiving noncontract standard 

formula: 184; Average monthly rebate received per WIC contract standard

formula infant: 76.58; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 14,090.



WIC agency: Illinois; Number of infants receiving noncontract standard 

formula: 2,477; Average monthly rebate received per WIC contract 

standard

formula infant: 80.49; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 199,369.



WIC agency: Indiana; Number of infants receiving noncontract standard 

formula: 2,470; Average monthly rebate received per WIC contract 

standard

formula infant: 74.51; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 184,045.



WIC agency: Iowa; Number of infants receiving noncontract standard 

formula: 338; Average monthly rebate received per WIC contract standard

formula infant: 72.80; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 24,606.



WIC agency: Kansas; Number of infants receiving noncontract standard 

formula: 322; Average monthly rebate received per WIC contract standard

formula infant: 85.87; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 27,652.



WIC agency: Kentucky; Number of infants receiving noncontract standard 

formula: 2,109; Average monthly rebate received per WIC contract 

standard

formula infant: 51.75; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 109,146.



WIC agency: Louisiana; Number of infants receiving noncontract standard 

formula: 938; Average monthly rebate received per WIC contract standard

formula infant: 82.06; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 76,970.



WIC agency: Maine; Number of infants receiving noncontract standard 

formula: 137; Average monthly rebate received per WIC contract standard

formula infant: 62.71; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 8,591.



WIC agency: Maryland; Number of infants receiving noncontract standard 

formula: 165; Average monthly rebate received per WIC contract standard

formula infant: 80.29; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 13,249.



WIC agency: Massachusetts; Number of infants receiving noncontract 

standard formula: 344; Average monthly rebate received per WIC contract 

standard

formula infant: 77.06; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 26,508.



WIC agency: Michigan; Number of infants receiving noncontract standard 

formula: 2,029; Average monthly rebate received per WIC contract 

standard

formula infant: 84.16; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 170,770.



WIC agency: Minnesota; Number of infants receiving noncontract standard 

formula: 640; Average monthly rebate received per WIC contract standard

formula infant: 82.43; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 52,757.



WIC agency: Navajo Nation; Number of infants receiving noncontract 

standard formula: 0; Average monthly rebate received per WIC contract 

standard

formula infant: 57.06; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 0.



WIC agency: Nebraska; Number of infants receiving noncontract standard 

formula: 236; Average monthly rebate received per WIC contract standard

formula infant: 72.05; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 17,004.



WIC agency: Nevada; Number of infants receiving noncontract standard 

formula: 225; Average monthly rebate received per WIC contract standard

formula infant: 74.84; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 16,839.



WIC agency: New Jersey; Number of infants receiving noncontract 

standard formula: 462; Average monthly rebate received per WIC contract 

standard

formula infant: 51.64; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 23,857.



WIC agency: New Mexico; Number of infants receiving noncontract 

standard formula: 0; Average monthly rebate received per WIC contract 

standard

formula infant: 68.74; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 0.



WIC agency: New York; Number of infants receiving noncontract standard 

formula: 3,012; Average monthly rebate received per WIC contract 

standard

formula infant: 72.13; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 217,241.



WIC agency: North Carolina; Number of infants receiving noncontract 

standard formula: 1,565; Average monthly rebate received per WIC 

contract standard

formula infant: 79.71; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 124,742.



WIC agency: North Dakota; Number of infants receiving noncontract 

standard formula: 203; Average monthly rebate received per WIC contract 

standard

formula infant: 52.56; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 10,670.



WIC agency: Ohio; Number of infants receiving noncontract standard 

formula: 1,268; Average monthly rebate received per WIC contract 

standard

formula infant: 77.63; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 98,433.



WIC agency: Oklahoma; Number of infants receiving noncontract standard 

formula: 655; Average monthly rebate received per WIC contract standard

formula infant: 62.75; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 41,100.



WIC agency: Oregon; Number of infants receiving noncontract standard 

formula: 617; Average monthly rebate received per WIC contract standard

formula infant: 73.05; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 45,070.



WIC agency: Pennsylvania; Number of infants receiving noncontract 

standard formula: 2,951; Average monthly rebate received per WIC 

contract standard

formula infant: 78.80; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 232,551.



WIC agency: Puerto Rico; Number of infants receiving noncontract 

standard formula: 4,378; Average monthly rebate received per WIC 

contract standard

formula infant: 92.94; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 406,903.



WIC agency: Rhode Island; Number of infants receiving noncontract 

standard formula: 126; Average monthly rebate received per WIC contract 

standard

formula infant: 93.06; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 11,726.



WIC agency: South Carolina; Number of infants receiving noncontract 

standard formula: 873; Average monthly rebate received per WIC contract 

standard

formula infant: 79.09; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 69,046.



WIC agency: South Dakota; Number of infants receiving noncontract 

standard formula: 274; Average monthly rebate received per WIC contract 

standard

formula infant: 78.72; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 21,570.



WIC agency: Tennessee; Number of infants receiving noncontract standard 

formula: 0; Average monthly rebate received per WIC contract standard

formula infant: 71.18; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 0.



WIC agency: Texas; Number of infants receiving noncontract standard 

formula: 2,582; Average monthly rebate received per WIC contract 

standard

formula infant: 84.67; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 218,626.



WIC agency: Utah; Number of infants receiving noncontract standard 

formula: 832; Average monthly rebate received per WIC contract standard

formula infant: 88.79; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 73,869.



WIC agency: Virginia; Number of infants receiving noncontract standard 

formula: 0; Average monthly rebate received per WIC contract standard

formula infant: 41.81; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 0.



WIC agency: Washington; Number of infants receiving noncontract 

standard formula: 1,390; Average monthly rebate received per WIC 

contract standard

formula infant: 67.26; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 93,485.



WIC agency: West Virginia; Number of infants receiving noncontract 

standard formula: 730; Average monthly rebate received per WIC contract 

standard

formula infant: 76.82; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 56,081.



WIC agency: Wisconsin; Number of infants receiving noncontract standard 

formula: 913; Average monthly rebate received per WIC contract standard

formula infant: 78.41; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 71,590.



WIC agency: Wyoming; Number of infants receiving noncontract standard 

formula: 196; Average monthly rebate received per WIC contract standard

formula infant: 87.65; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: 17,179.



WIC agency: Total; Number of infants receiving noncontract standard 

formula: 55,702; Average monthly rebate received per WIC contract 

standard

formula infant: [Empty]; Amount of rebate foregone due to use of 

noncontract

standard formula[A]: $4,245,072.



[End of table]



Source: GAO’s analysis of survey data provided by WIC state agencies.



Note: Idaho, Missouri, Montana, and New Hampshire are excluded from 

this table because they either did not provide or did not completely 

provide these data for our survey.



[A] Individual agency totals may differ from the multiplication of the 

figures in the preceding two columns due to rounding of those figures.



[End of section]



Appendix IV: Estimate of Rebates Foregone Due to Above Average Use of 

Noncontract Standard Formula by WIC Agencies:



Table 8: Estimates of Rebates Foregone in February 2002 by 19 WIC 

Agencies Due to the Use of Noncontract Standard Infant Formula 

Exceeding the 3.3 Percent Average of All Infants Receiving Formula:



WIC agency: Arizona; Noncontract standard formula usage (percent): 3.9; 

Number of infants receiving noncontract standard formula exceeding the 

3.3 percent average: 217; Average monthly rebate received per WIC 

contract standard formula infant: $76.43; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: $16,573.



WIC agency: California; Noncontract standard formula usage (percent): 

4.6; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 3,110; Average monthly rebate received per WIC 

contract standard formula infant: 70.08; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 217,988.



WIC agency: Colorado; Noncontract standard formula usage (percent): 

6.8; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 496; Average monthly rebate received per WIC 

contract standard formula infant: 93.13; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 46,195.



WIC agency: Delaware; Noncontract standard formula usage (percent): 

6.8; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 113; Average monthly rebate received per WIC 

contract standard formula infant: 101.77; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 11,546.



WIC agency: District of Columbia; Noncontract standard formula usage 

(percent): 4.7; Number of infants receiving noncontract standard 

formula exceeding the 3.3 percent average: 64; Average monthly rebate 

received per WIC contract standard formula infant: 66.62; Amount of 

rebate foregone due to noncontract standard formula use in excess of 

the 3.3 percent average[A]: 4,234.



WIC agency: Florida; Noncontract standard formula usage (percent): 5.9; 

Number of infants receiving noncontract standard formula exceeding the 

3.3 percent average: 1,949; Average monthly rebate received per WIC 

contract standard formula infant: 72.13; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 140,573.



WIC agency: Illinois; Noncontract standard formula usage (percent): 

3.7; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 266; Average monthly rebate received per WIC 

contract standard formula infant: 80.49; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 21,370.



WIC agency: Indiana; Noncontract standard formula usage (percent): 6.8; 

Number of infants receiving noncontract standard formula exceeding the 

3.3 percent average: 1,264; Average monthly rebate received per WIC 

contract standard formula infant: 74.51; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 94,150.



WIC agency: Kentucky; Noncontract standard formula usage (percent): 

7.9; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 1,228; Average monthly rebate received per WIC 

contract standard formula infant: 51.75; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 63,552.



WIC agency: Michigan; Noncontract standard formula usage (percent): 

4.1; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 412; Average monthly rebate received per WIC 

contract standard formula infant: 84.16; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 34,673.



WIC agency: Oregon; Noncontract standard formula usage (percent): 3.8; 

Number of infants receiving noncontract standard formula exceeding the 

3.3 percent average: 83; Average monthly rebate received per WIC 

contract standard formula infant: 73.05; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 6,067.



WIC agency: Pennsylvania; Noncontract standard formula usage (percent): 

5.9; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 1,303; Average monthly rebate received per WIC 

contract standard formula infant: 78.80; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 102,704.



WIC agency: Puerto Rico; Noncontract standard formula usage (percent): 

8.9; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 2,753; Average monthly rebate received per WIC 

contract standard formula infant: 92.94; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 255,906.



WIC agency: South Dakota; Noncontract standard formula usage (percent): 

7.2; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 148; Average monthly rebate received per WIC 

contract standard formula infant: 78.72; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 11,677.



WIC agency: Utah; Noncontract standard formula usage (percent): 8.5; 

Number of infants receiving noncontract standard formula exceeding the 

3.3 percent average: 510; Average monthly rebate received per WIC 

contract standard formula infant: 88.79; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 45,271.



WIC agency: Washington; Noncontract standard formula usage (percent): 

4.5; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 379; Average monthly rebate received per WIC 

contract standard formula infant: 67.26; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 25,468.



WIC agency: West Virginia; Noncontract standard formula usage 

(percent): 6.4; Number of infants receiving noncontract standard 

formula exceeding the 3.3 percent average: 354; Average monthly rebate 

received per WIC contract standard formula infant: 76.82; Amount of 

rebate foregone due to noncontract standard formula use in excess of 

the 3.3 percent average[A]: 27,157.



WIC agency: Wisconsin; Noncontract standard formula usage (percent): 

3.8; Number of infants receiving noncontract standard formula exceeding 

the 3.3 percent average: 120; Average monthly rebate received per WIC 

contract standard formula infant: 78.41; Amount of rebate foregone due 

to noncontract standard formula use in excess of the 3.3 percent 

average[A]: 9,413.



WIC agency: Wyoming; Noncontract standard formula usage (percent): 

10.5; Number of infants receiving noncontract standard formula 

exceeding the 3.3 percent average: 135; Average monthly rebate received 

per WIC contract standard formula infant: 87.65; Amount of rebate 

foregone due to noncontract standard formula use in excess of the 3.3 

percent average[A]: 11,796.



WIC agency: Total; Noncontract standard formula usage (percent): 

[Empty]; Number of infants receiving noncontract standard formula 

exceeding the 3.3 percent average: 14,903[B]; Average monthly rebate 

received per WIC contract standard formula infant: [Empty]; Amount of 

rebate foregone due to noncontract standard formula use in excess of 

the 3.3 percent average[A]: $1,146,313.



[End of table]



Source: GAO’s analysis of survey data provided by WIC state agencies.



[A] Individual agency totals may differ from the multiplication of the 

figures in the preceding two columns due to rounding of those figures.



[B] Total differs from the sum of the numbers in the column due to the 

rounding of those numbers.



[End of section]



Appendix V: Comments from the Department of Agriculture:



USDA:



Ms. Mamie S. Shaul.



Director, Education, Workforce.



and Income Security Issues.



General Accounting Office.

441 G Street, N. W.

Washington, D.C. 20548.



Dear Ms. Shaul:.



We appreciate the opportunity to respond to 

the General Accounting Office’s.



(GAO) draft report, entitled “Food Assistance: Potential to 

Lower the Cost of Purchasing WIC Infant Formula.” We agree with the 

recommendations outlined in the report and have recently started 

collecting data based on Special Supplemental Nutrition Program for 

Women, Infants and Children (WIC) State agency food codes that will 

facilitate the implementation of these recommendations. However, the 

Food and Nutrition Service (FNS) is concerned that the methodology used 

to determine the estimates for non-rebated “nonstandard” infant 

formulas in the report may have resulted in the reporting of data in 

excess of actual usage.



In its survey instrument, GAO used terms that were different 

from those used by FNS to describe types of infant formula. 

Consequently, the information reported by the State agencies may have 

been misrepresented as a result. For example, FNS believes that some 

states may have misinterpreted the survey term “special” formula (which 

is reported by GAO in this report as “nonstandard” formula) in a manner 

inconsistent with the regulatory definition of exempt infant formulas.



FNS regulations denote two definitions for infant formula according to 

the Food and. Drug Administration (FDA) standard of identity, exempt 
and 

nonexempt. Nonexempt WIC formulas generally correspond to GAO’s 
“standard” 

category and exempt WIC formulas to GAO’s “nonstandard” formula 
category. 

However, there is a group of formulas that are nonstandard by the GAO 

definition or as the States’ classify and report them, that are not 
exempt 

formulas by FNS and FDA definition Formulas such as milk-based, lactose 

free, added rice, follow-up formulas and high calorie formulas may be 

considered by some State agencies as “special” because a State agency 
may 

require medical documentation for issuance. However, these formulas are 

actually nonexempt by FDA definition and, therefore, eligible for 
rebates 

if under contract.



In conclusion, FNS believes GAO’s survey instrument may have been 

misinterpreted by State agencies because GAO employed different infant 

formula terms than those used by FNS. This may have resulted in an 
excess 

of non-rebated “nonstandard” infant formulas reported.



FNS appreciates GAO’s efforts to bring further attention to the 
importance 

of rebates in helping to reduce WIC food package costs and agrees to 
more 

closely monitor noncontract infant formula issuance data. More detailed 

overall comments and technical comments were previously provided to GAO 
in 

a comment session January 10, 2003.



Signed by Roberto Salazar:



Roberto Salazar:



Administrator:



[End of section]



Appendix VI: GAO Contacts and Staff Acknowledgments:



Contacts:



Kay E. Brown, (202) 512-3674

Daniel C. Jacobsen, (206) 287-4797:



Acknowledgments:



In addition to those named above, Chuck Novak, Stan Stenersen, and Ron 

Wood made key contributions to this report. Luann Moy provided 

important consultation on methodological issues for the WIC agency 

survey.



FOOTNOTES



[1] According to regulations, noncontract standard brand infant 

formulas may be issued without medical documentation only to 

accommodate religious eating patterns, such as the Judaic requirement 

for kosher infant formulas.



[2] Our survey did not include the WIC agencies for two states--

Mississippi and Vermont--because they do not distribute infant formula 

through retail outlets but rather use direct distribution and home 

delivery food distribution systems, respectively. Under direct 

distribution, participants pick up standard formula from storage 

facilities operated by the state or local agency; under home delivery, 

formula is delivered to the participant’s home. Also, not included in 

our survey were 35 WIC agencies that were either exempt from operating 

a cost containment system or judgmentally excluded from our survey due 

to their small size.



[3] The 88 state-level WIC agencies, referred to as “WIC agencies” 

throughout this report, include agencies in all 50 states, the District 

of Columbia, American Samoa, the Commonwealth of Puerto Rico, Guam, the 

U.S. Virgin Islands, and 33 Indian Tribal Organizations.



[4] In our survey, the WIC agencies reported all infants using formula 

that was under contract for rebate. In addition, they reported all 

infants using formula for which no rebates were received, and this no-

rebate-received category was provided in two parts: noncontract 

standard formula and nonstandard (or “special”) formula.



[5] Mississippi, one of two agencies not included in our survey because 

it does not purchase formula through retail outlets, also prohibits the 

use of noncontract standard formula without exception. According to a 

Mississippi WIC agency official, the agency receives a discounted price 

for contract standard infant formula resulting from a competitively bid 

contract with a single manufacturer. The formula is directly delivered 

by the manufacturer to 94 food centers operated by state employees, 

where the agency’s WIC participants pick it up.



[6] California’s proposed policy, which has been submitted to FNS for 

approval, would revise its policy in three significant ways. First, the 

agency will only allow local staff to provide noncontract standard 

formula to infants up to 6 months of age (compared to 12 months now) 

with medical documentation from a physician. Noncontract standard 

formula will not be issued after the infant is six months of age. 

Second, local staff will be required to educate the parents of newborns 

about the adjustments the infant’s gastrointestinal tract makes during 

the first three months so that--after about three months of age in most 

cases--the infant will be able to tolerate the contract standard 

formula even if she or he was not able to at an earlier age. At this 

point, the parents should begin to introduce the contract standard 

product so that the transition is complete by 6 months of age. Third, 

if after 6 months of age the infant still cannot tolerate the contract 

standard product, she or he should receive a medical evaluation for 

possible transition to a medical (nonstandard) formula for a more 

severe condition.



[7] We were able to determine the portion of noncontract standard 

formula use for just 35 agencies because 6 of the 41 WIC agencies that 

only prohibited noncontract standard formula use with some exceptions 

did not provide sufficient usage data in our survey.



[8] B. Lloyd et al., Ross Product Div., Abbot Laboratories, “Formula 

Tolerance in Postbreastfed and Exclusively Formula-fed Infants”, 

Pediatrics Vol. 103 No. 1, January (1999). J. S. Hyams et al., “Effect 

of Infant Formula on Stool Characteristics of Young Infants”, 

Pediatrics 95: 50-54, (1995). 



[9] Four state WIC agencies said that, although they had changed 

manufacturers, they did not have the data to determine whether 

noncontract standard formula use had been affected. An additional 15 

agencies said that they had always contracted with the same 

manufacturer and therefore, their noncontract standard use had not been 

affected by a change of formula manufacturer. 



[10] Another of the large agencies we contacted, California, reported 

that while its contract has remained with the same manufacturer for a 

number of years, it continues to grapple on a continuing basis with 

parental requests to use noncontract standard formula because their 

infant has started on a different formula before leaving the hospital. 



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