Senate Bill S8701

2025-2026 Legislative Session

Requires the testing of baby food for toxic heavy metals and the disclosure of such test results

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Current Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2026	referred to agriculture

2025-S8701 (ACTIVE) - Details

See Assembly Version of this Bill:: A9026
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §214-p, Ag & Mkts L

2025-S8701 (ACTIVE) - Summary

Enacts the "Baby Food Safety and Transparency Act"; requires the testing of baby food for toxic heavy metals and the disclosure of such test results.

2025-S8701 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8701

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

To protect infants and young children from exposure to toxic heavy
metals in baby food by requiring regular testing, public disclosure of
results, and consumer reporting mechanisms.

 
SUMMARY OF PROVISIONS:

Section 1. Establishes the bill title, "Baby Food Safety and Transparen-
cy Act."

Section 2. Legislative findings and intent. Recognizes the risks posed
by toxic heavy metals to children's health, the insufficiency of federal

protections, and the legislature's intent to establish enforceable test-
ing, disclosure, and reporting requirements.

Section 3. Adds a new § 214-p to the Agriculture and Markets Law:
Subdivision 1 - Definitions: Defines "baby food," "manufacturer,"
"production aggregate," "proficient laboratory," "representative
sample," "toxic heavy metal," and "QR code."

Subdivision 2 - Prohibition on sale: Prohibits the sale of baby food in
New York containing levels of toxic heavy metals above limits set by the
Department of Agriculture and Markets in collaboration with the Depart-
ment of Health.

Subdivision 3 - Testing requirements: Requires manufacturers to test
representative samples of each production aggregate at least once per
month in an accredited laboratory.

Subdivision 4 - Public disclosure: Requires manufacturers to publish
testing results on a publicly accessible website with product identifi-
ers and a link to FDA guidance.

Subdivision 5 - Label requirements: Mandates that product labels include
a QR code directing consumers to test results and FDA guidance.

Subdivision 6 - Rulemaking: Authorizes the Commissioner of Agriculture
and Markets, in;ò consultation with the Commissioner of Health, to adopt
rules for sampling, laboratory proficiency, disclosures, recordkeeping,
and consumer reporting, within 180 days of enactment.

Subdivision 7 - Consumer Reporting: Establishes a process for consumers
to report suspected violations, with authority for the Department to
share reports with regulators.

Subdivision 8 - Enforcement: Subjects violations to existing penalties
and remedies under the Agriculture and Markets Law.


Subdivision 9 - Construction: Clarifies that these requirements supple-
ment, not replace, federal standards.

Section 4. Severability clause.

Section 5. Effective Date. Provides immediate effect, with phased
compliance timelines: testing and sales requirements apply beginning 13
months after enactment; disclosure and labeling requirements apply
beginning 25 months after enactment.

 
JUSTIFICATION:

New York infants and children continue to face serious exposure to toxic
metals, including in food. The recent cinnamon applesauce contamination,
which led to more than 560 childhood lead poisoning cases nationwide,
underscores how quickly toxic metals in food can poison infants.

Federal regulators have taken some steps to address heavy metals in
foods, but not nearly enough, and many such steps have been issued as
guidance, not as enforceable measures linked to accountability and
consumer protection.

This bill requires accredited laboratories to test representative
samples of baby food production aggregates at least once per month for
toxic heavy metals. Manufacturers must post results online with product
identifiers, placing QR codes directly on labels, thereby ensuring tran-
sparency at the point of purchase. It also empowers parents to report
suspected violations to the Department of Agriculture and Markets.

This legislation establishes a model of proactive oversight, measurable
enforcement, and consumer empowerment to protect children's health
across the state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal. Oversight, consumer reporting, and enforcement can be adminis-
tered by the Department of Agriculture and Markets within existing
resources, with costs offset by penalties

 
EFFECTIVE DATE:
This act shall take effect immediately. Subdivisions 2 and 3 of § 214-p
(testing and sales requirements) shall apply beginning 13 months after
enactment. Subdivisions 4 and 5 (public disclosure and labeling) shall
apply beginning 25 months after enactment.

2025-S8701 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8701
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 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
 DEFINED IN SECTION TWO HUNDRED ONE OF THIS ARTICLE OR  UNDER  APPLICABLE
 FEDERAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13680-01-5

 S. 8701                             2
 
   (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.
   5.  LABEL  REQUIREMENTS.  IF THE BABY FOOD IS TESTED FOR A TOXIC HEAVY
 METAL SUBJECT TO AN ACTION LEVEL, REGULATORY LIMIT, OR TOLERANCE  ESTAB-
 S. 8701                             3
 
 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.

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Senate Bill S8701

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

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2025-S8701 (ACTIVE) - Details

2025-S8701 (ACTIVE) - Summary

2025-S8701 (ACTIVE) - Sponsor Memo

2025-S8701 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Agriculture Committee

Actions

2025-S8701 (ACTIVE) - Details

2025-S8701 (ACTIVE) - Summary

2025-S8701 (ACTIVE) - Sponsor Memo

2025-S8701 (ACTIVE) - Bill Text download pdf

Comments