FMCSA Waives HOS Requirements Due to Baby Formula Shortage
The U.S. Federal Motor Carrier Safety Administration (FMCSA) is waiving hours-of-service requirements in a national emergency declaration for commercial vehicle drivers transporting baby formula ingredients and packaging.
During an investigation by the U.S. Food and Drug Administration (FDA), Abbot Laboratories, who makes the baby formula, had a product recall and closed it manufacturing plant in Sturgis, MI. The closure has created a major baby formula shortage.
The FDA’s investigation found that Abbott “did not ensure that all surfaces that contacted infant formula were maintained to protect infant formula from being contaminated by any source.” A whistleblower report also alleges that Abbot Laboratories also falsified records, lacked product traceability and created an atmosphere of retaliation.
in an April 28 statement, the Abbott said that its focus “has, is and always will be to ensure safe food for families who rely on us for our high-quality nutrition products.” It maintains infant formula produced at the Sturgis facility “is not likely the source of infection.”
What Does the HOS Waiver for Baby Formula Include?
The order made by the FMCSA includes, but is not limited to:
- Whey
- Casein
- Corn syrup
- Hydrolyzed protein
- Containers and packaging
A separate declaration first issued in March 2020 covering COVID-19 pandemic transportation issues has been repeatedly extended and already covers baby formula. That order is currently set to expire May 31.
The Whitehouse Responds
On Monday, the FMCSA told Reuters in a statement that the agency and the White House were asked by motor carriers and drivers on Friday about whether specific ingredients in baby formula were included in the waiver.
As a result, the agency moved to issue the declaration “that both finished formula and the products involved in the production of formula are included” in waivers.
President Joe Biden last week invoked the Cold War-era Defense Production Act to help increase supplies. On Sunday, a military cargo plane carrying the first shipment of infant formula from Europe to help address a critical shortage in the United States landed in Indianapolis.
How Long is the Formula Shortage Expected to Last?
On May 16, the FDA and Abbott reached an agreement to restart production at the company’s Michigan facility, which should help ease the shortage. However, it can take six to eight weeks after the start of production until the newly-produced formula appears in stores.
What To Do If You Can’t Find Formula
Check smaller stores and drug stores, which may still have a supply when bigger stores don’t. If you can afford it, buy formula online until store shortages ease. Purchase from well-recognized distributors and pharmacies. Check your local social media groups as well.
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