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

At the beginning of May, 43% of baby formula was out of stock at retailers, according to Datasembly, with formula producer Abbott indicating it could be another two months before more formula is available. By declaring the shortage a disaster, Colorado can now use emergency funds to support the free distribution of donor human milk across the state.

“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.”

This action builds on 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 donors and recipients. The declaration will also make price gouging for formula illegal in Colorado.

“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.”

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.