S T A T E O F N E W Y O R K
________________________________________________________________________
9026
2025-2026 Regular Sessions
I N A S S E M B L Y
September 5, 2025
___________
Introduced by M. of A. TORRES -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the agriculture and markets law, in relation to requir-
ing the testing of baby food for toxic heavy metals and the disclosure
of such test results
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Baby Food
Safety and Transparency Act".
§ 2. Legislative findings and intent. The legislature hereby finds and
declares that toxic heavy metals, including arsenic, cadmium, lead, and
mercury, have been detected in baby food products sold in the United
States. Even at low levels, exposure to these contaminants may cause
significant harm to infants and young children, including impaired
neurological development, reduced cognitive ability, and increased risk
of developmental and behavioral disorders.
The legislature further finds that existing federal standards and
enforcement mechanisms are inadequate to fully protect infants and young
children from unnecessary exposure to such contaminants. It is therefore
the intent of the legislature to require manufacturers of baby food sold
in this state to conduct regular testing for toxic heavy metals, to
prohibit the sale of products that exceed federal limits, to require
public disclosure of testing results, and to establish a system for
enforcement and consumer reporting.
§ 3. The agriculture and markets law is amended by adding a new
section 214-p to read as follows:
§ 214-P. BABY FOODS; TOXIC HEAVY METALS. 1. DEFINITIONS. FOR PURPOSES
OF THIS SECTION:
(A) "BABY FOOD" SHALL MEAN FOOD PACKAGED IN A JAR, POUCH, TUB, OR BOX
THAT IS REPRESENTED OR SOLD FOR CONSUMPTION BY INFANTS OR CHILDREN UNDER
TWO YEARS OF AGE. "BABY FOOD" SHALL NOT INCLUDE INFANT FORMULA AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13680-01-5
A. 9026 2
DEFINED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE OR UNDER APPLICABLE
FEDERAL LAW.
(B) "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, CORPORATION, OR ASSO-
CIATION ENGAGED IN THE MANUFACTURING, PROCESSING, OR PACKING OF BABY
FOOD FOR SALE OR DISTRIBUTION IN THIS STATE.
(C) "PRODUCTION AGGREGATE" SHALL MEAN A QUANTITY OF PRODUCT THAT IS
INTENDED TO HAVE UNIFORM COMPOSITION, CHARACTER, AND QUALITY, AND THAT
IS PRODUCED PURSUANT TO A MASTER MANUFACTURING ORDER.
(D) "PROFICIENT LABORATORY" SHALL MEAN A LABORATORY ACCREDITED TO
ISO/IEC 17025:2017, WHICH UTILIZES AN ANALYTICAL METHOD AT LEAST AS
SENSITIVE AS THE METHOD DESCRIBED IN SECTION 4.7 OF THE UNITED STATES
FOOD AND DRUG ADMINISTRATION ELEMENTAL ANALYSIS MANUAL FOR FOOD AND
RELATED PRODUCTS, AND WHICH DEMONSTRATES PROFICIENCY IN QUANTIFYING EACH
TOXIC HEAVY METAL TO AT LEAST SIX MICROGRAMS PER KILOGRAM OF FOOD
THROUGH AN INDEPENDENT PROFICIENCY TEST ACHIEVING A Z SCORE NOT GREATER
THAN PLUS TWO AND NOT LESS THAN MINUS TWO.
(E) "REPRESENTATIVE SAMPLE" SHALL MEAN A SAMPLE DRAWN IN ACCORDANCE
WITH RATIONAL CRITERIA, INCLUDING RANDOM SAMPLING, INTENDED TO ENSURE
THAT THE SAMPLE ACCURATELY PORTRAYS THE MATERIAL BEING SAMPLED.
(F) "TOXIC HEAVY METAL" SHALL INCLUDE, BUT NOT BE LIMITED TO, ARSENIC,
CADMIUM, LEAD, AND MERCURY.
(G) "QR CODE" SHALL MEAN A MACHINE-READABLE CODE, CONSISTING OF AN
ARRAY OF SQUARES, USED FOR STORING DATA THAT ALLOWS A USER TO ACCESS A
WEBPAGE.
2. PROHIBITION ON SALE. NO PERSON SHALL SELL, DISTRIBUTE, OR OFFER FOR
SALE WITHIN THIS STATE ANY BABY FOOD THAT CONTAINS AN AMOUNT OF TOXIC
HEAVY METAL WHICH EXCEEDS STANDARDS SET BY THE DEPARTMENT IN COLLAB-
ORATION WITH THE DEPARTMENT OF HEALTH. ANY BABY FOOD EXCEEDING SUCH
LIMIT SHALL BE DEEMED ADULTERATED WITHIN THE MEANING OF SECTION TWO
HUNDRED OF THIS ARTICLE AND UNSAFE WITHIN THE MEANING OF SECTION TWO
HUNDRED TWO OF THIS ARTICLE.
3. TESTING REQUIREMENTS. (A) EACH MANUFACTURER SHALL TEST A REPRESEN-
TATIVE SAMPLE OF EACH PRODUCTION AGGREGATE OF THE MANUFACTURER'S FINAL
BABY FOOD PRODUCT FOR EACH TOXIC HEAVY METAL.
(B) SUCH TESTING SHALL BE CONDUCTED NOT LESS THAN ONCE PER MONTH BY A
PROFICIENT LABORATORY.
(C) TESTING MAY BE CONDUCTED ON THE FINAL BABY FOOD PRODUCT PRIOR TO
THE PACKAGING OF INDIVIDUAL UNITS FOR SALE OR DISTRIBUTION.
(D) UPON REQUEST OF THE COMMISSIONER, OR AN AUTHORIZED AGENT THEREOF,
EACH MANUFACTURER SHALL PROVIDE TO THE DEPARTMENT THE RESULTS OF TESTING
CONDUCTED PURSUANT TO THIS SUBDIVISION.
4. PUBLIC DISCLOSURE. EACH MANUFACTURER SHALL MAKE PUBLICLY AVAILABLE,
ON A WEBSITE MAINTAINED BY THE MANUFACTURER, THE FOLLOWING INFORMATION
WITH RESPECT TO EACH BABY FOOD PRODUCT SOLD, MANUFACTURED, DELIVERED,
HELD, OR OFFERED FOR SALE IN THIS STATE:
(A) THE NAME AND LEVEL OF EACH TOXIC HEAVY METAL PRESENT IN THE FINAL
PRODUCT, AS DETERMINED BY TESTING CONDUCTED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION;
(B) SUFFICIENT PRODUCT IDENTIFIERS, INCLUDING BUT NOT LIMITED TO THE
PRODUCT NAME, UNIVERSAL PRODUCT CODE, OR LOT OR BATCH NUMBER, TO ENABLE
CONSUMER IDENTIFICATION OF THE FINAL PRODUCT; AND
(C) A HYPERLINK TO THE WEBSITE OF THE UNITED STATES FOOD AND DRUG
ADMINISTRATION CONTAINING THE MOST RECENT GUIDANCE AND INFORMATION
REGARDING THE HEALTH EFFECTS OF TOXIC HEAVY METALS ON CHILDREN. SUCH
INFORMATION SHALL REMAIN PUBLICLY AVAILABLE FOR THE DURATION OF THE
PRODUCT SHELF LIFE AND FOR NOT LESS THAN ONE MONTH THEREAFTER.
A. 9026 3
5. LABEL REQUIREMENTS. IF THE BABY FOOD IS TESTED FOR A TOXIC HEAVY
METAL SUBJECT TO AN ACTION LEVEL, REGULATORY LIMIT, OR TOLERANCE ESTAB-
LISHED BY THE DEPARTMENT IN COLLABORATION WITH THE DEPARTMENT OF HEALTH,
THE PRODUCT LABEL SHALL INCLUDE:
(A) THE STATEMENT, "FOR INFORMATION ABOUT THE TOXIC HEAVY METAL TEST-
ING ON THIS PRODUCT, SCAN THE QUICK RESPONSE (QR) CODE"; AND
(B) A QR CODE PROVIDING DIRECT ACCESS TO THE WEBPAGES DESCRIBED IN
SUBDIVISION FOUR OF THIS SECTION.
6. RULEMAKING. THE COMMISSIONER, IN COLLABORATION WITH THE COMMISSION-
ER OF HEALTH, IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE SUCH RULES
AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT AND GIVE FULL EFFECT TO
THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES
GOVERNING ACCEPTABLE HEAVY METAL LEVELS, SAMPLING PROCEDURES, LABORATORY
PROFICIENCY, RECORD RETENTION, DATA SUBMISSION, PUBLIC DISCLOSURES, AND
CONSUMER REPORTING. SUCH RULES MAY INCORPORATE BY REFERENCE LIMITS,
ACTION LEVELS, TOLERANCES, OR GUIDANCE ESTABLISHED BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION FOR TOXIC ELEMENTS IN FOOD, INCLUDING ANY
AMENDMENTS THERETO. SUCH RULES AND REGULATIONS SHALL BE PROMULGATED
WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
SION.
7. CONSUMER REPORTING. IF A CONSUMER BELIEVES, BASED ON INFORMATION
OBTAINED THROUGH THE QR CODE OR OTHER MACHINE-READABLE CODE INCLUDED ON
THE PRODUCT LABEL, THAT BABY FOOD IS BEING SOLD IN VIOLATION OF THIS
SECTION, THE CONSUMER MAY REPORT SUCH PRODUCT TO THE DEPARTMENT. THE
DEPARTMENT SHALL ESTABLISH AND MAINTAIN A SYSTEM FOR CONSUMER REPORTING
CONSISTENT WITH THIS SUBDIVISION. THE DEPARTMENT MAY SHARE INFORMATION
RECEIVED PURSUANT TO THIS SUBDIVISION WITH FEDERAL AND STATE AUTHORI-
TIES, CONSISTENT WITH APPLICABLE LAW.
8. ENFORCEMENT. A VIOLATION OF THIS SECTION OR OF ANY RULE OR REGU-
LATION PROMULGATED HEREUNDER SHALL CONSTITUTE A VIOLATION OF THIS CHAP-
TER AND SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION THIRTY-
NINE OF THIS CHAPTER, THE REMEDIES SET FORTH IN SECTIONS TWO HUNDRED
TWO-B AND TWO HUNDRED TWO-C OF THIS ARTICLE, AND ANY OTHER REMEDY
AUTHORIZED BY LAW.
9. CONSTRUCTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMIN-
ISH OR IMPAIR THE AUTHORITY OF THE DEPARTMENT UNDER THIS CHAPTER OR OF
ANY OTHER AGENCY UNDER ANY OTHER LAW, INCLUDING BUT NOT LIMITED TO
AUTHORITY CONCERNING ADULTERATION, MISBRANDING, SEIZURE, QUARANTINE, OR
FALSE ADVERTISING. THE REQUIREMENTS OF THIS SECTION SHALL BE IN ADDITION
TO, AND NOT IN SUBSTITUTION FOR, FEDERAL REQUIREMENTS.
§ 4. Severability. If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged invalid by a
court of competent jurisdiction, such judgment shall not affect or
impair the validity of the remainder of this act, or the application
thereof to other persons and circumstances.
§ 5. This act shall take effect immediately; provided, however, subdi-
visions 2 and 3 of section 214-p of the agriculture and markets law
added by section three of this act shall apply to the sale and testing
of baby food conducted on and after the first day of the thirteenth
month next succeeding such effective date; and provided further, howev-
er, the requirements of subdivisions 4 and 5 of section 214-p of the
agriculture and markets law added by section three of this act shall
apply to baby food manufacturers on and after the first day of the twen-
ty-fifth month next succeeding such effective date.