Gov. Jared Polis on Wednesday signed an executive order declaring the nationwide baby formula shortage a disaster emergency in Colorado.

The declaration makes price gouging for formula illegal in Colorado, and allows the state to now use emergency funds to support the free distribution of donor human milk. 

Polis issued the order as the country faces an acute shortage of baby formula. At the beginning of May, 43% of baby formula was out of stock at retailers, according to Datasembly. Formula producer Abbott said it could take another two months before more formula is available to purchase.

“The nationwide infant formula shortage is a disaster that threatens the lives of children throughout our state,” the executive order states. “While the federal government is working to address the nationwide infant formula shortage, the state must also act to protect the health and safety of children in Colorado.”

The attorney general and district attorneys have the power to enforce against the illegal price gouging of formula during the emergency, according to the declaration. Polis urged the Attorney General’s Office to pursue any violations.

The use of emergency funding builds off of the state’s partnership with Mothers’ Milk Bank, an Arvada nonprofit that collects and processes breast milk, distributing it to families in need nationwide. Colorado began its partnership with the organization last week to help address the formula shortage.

Polis said the disaster declaration will allow the state to provide Mothers’ Milk Bank with emergency funds to subsidize the cost of donor human milk for families in need and cover fees for shipping milk for both donors and recipients. 

“Infant formula is a crucial source, and in some cases the only source, of nutrition and sustenance for countless infants,” the executive order states. “It is incomprehensible that babies’ health is threatened by the formula shortage, and the state must ensure that donor human milk, which can be used in place of formula in many instances, is as accessible as possible for all families in need.”

“Additionally, no one should take advantage of parents or caregivers who are trying to feed infants during this formula shortage,” the order also said. 

Polis said his administration is continuing to look for more ways to address the shortage.

He encouraged Coloradans to donate unused and unopened formula to food banks and to consider donating money or human milk to the Mothers’ Milk Bank. Information on how to donate or purchase milk can be found at milkbankcolorado.org.

The disaster declaration will expire in 30 days unless it is extended.