410 IAC 3.6-1-5 "Contract brand infant formula" defined

Sec. 5. "Contract brand infant formula" means all infant formulas (except exempt infant formulas) produced by the manufacturer awarded the infant formula cost containment contract. If under a single solicitation the manufacturer subcontracts for soy-based infant formula, then all soy-based infant formulas covered by the subcontract are also considered contract brand infant formulas (see 7 CFR 246.16a(c)(1)(i)). If a state agency elects to solicit separate bids for milk-based and soy-based infant formulas, all infant formulas issued under each contract are considered the contract brand infant formula (see 7 CFR 246.16a(c)(1)(ii)). For example, the term includes the following: (1) All of the milk-based infant formulas issued by a state agency that are produced by the manufacturer that was awarded the milk-based contract. (2) All of the soy-based infant formulas issued by a state agency that are produced by the manufacturer that was awarded the soy-based contract. The term also includes all infant formulas (except exempt infant formulas) introduced after the contract is awarded.