131022.
(a) The following definitions apply for purposes of this section:(1) “Department” means the State Department of Public Health.
(2) “Infant formula” means a food that purports to be or is represented for special dietary use 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.
(3) “Office” means the Office of Emergency Services.
(4) “Stockpile” means the infant formula stockpile created pursuant to subdivision (b).
(b) By January 1, 2025, the department and office, in coordination with other state agencies as appropriate, shall establish an infant formula stockpile, upon appropriation and as necessary.
(c) The department shall also establish guidelines for procurement, management, and distribution of infant formula from the department. The department and office shall consider the recommendations of the Infant Formula Advisory Committee created pursuant to subdivision (d) in developing these guidelines. At a minimum, the guidelines shall take into account all of the following:
(1) The various types of infant formula, including specialty formula, that may be required during a shortage or other health emergency.
(2) The shelf life of each type of infant formula that may be obtained from the department and how to
restock and distribute a portion of each type of baby formula to ensure the procurements and distributions consist of unexpired formula.
(3) The amount of each type of infant formula that would be required to meet shortages, particularly for families enrolled in California programs, including, but not limited to, the California Special Supplemental Food Program for Women, Infants, and Children (WIC).
(4) Lessons learned from previous supply chain issues, pandemics, and state emergencies, including, but not limited to, supply procurement, management, and distribution.
(5) Geographical distribution of infant formula storage.
(6) The policies and funding that would be required for the state to establish an infant formula stockpile.
(7) How distribution from any procurement shall be prioritized in the event there is insufficient formula to meet the needs of infants.
(d) The Infant Formula Advisory Committee is hereby established. The advisory committee shall consist of all of the following:
(1)__
(1) One representative from the State Department of Social Services.
(2) One representative from the State Department of Public Health.
(3) One representative from First 5 California.
(4) One representative from a county health department appointed by the Governor.
(5) One industry representative appointed by the Governor.
(6) One representative from a local authority appointed by the Governor.
(7) One public member appointed by the Assembly.
(8) One public member appointed by the Senate.
(9) One public member appointed by the Governor.
(e) The Infant Formula Advisory Committee shall do all of the following:
(1) Make recommendations to the office and department necessary to develop the guidelines required pursuant to subdivision (c) and advise the development and implementation of the program.
(2) Work with the office and department to ensure adequate distribution of formula to disadvantaged community members.
(3) Take into account public comments and recommendations as the program operates.
(4) Report annually to the Legislature with feedback regarding the implementation of the program and updates regarding policy changes and public comments. A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.