AB 1071

This bill requires certain disclosures related to testing for arsenic, cadmium, lead, or mercury (toxic heavy metals) in baby food, including infant formula, that is manufactured, sold or offered for sale, delivered, or held for sale in this state.

Under the bill, if a manufacturer, processor, or packer (manufacturer) of baby food conducts testing for toxic heavy metals in its baby food product, the manufacturer must publicly disclose on its website 1) sufficient descriptive information for a consumer to identify the baby food product; 2) the name and level of each toxic heavy metal present in the baby food product as determined by the testing; and 3) whether the testing was conducted in accordance with federal Food and Drug Administration (FDA) testing protocols and standards for the applicable type of test. The manufacturer must also include on the baby food product label a quick response (QR) code directly linking to this information, including disclosure of the product’s levels of toxic heavy metals. The label must also include the statement: “For information about toxic element testing on this product, scan the QR code.” The manufacturer’s website must also include a link to the FDA’s web page relating to the health effects of toxic heavy metals on children.

Under the bill, if a manufacturer does not test for toxic heavy metals in its baby food product, the manufacturer must 1) publicly disclose on the manufacturer’s website sufficient descriptive information for a consumer to identify the baby food product and a statement that the baby food product has not been tested for the presence of toxic heavy metals; and 2) include on the baby food product label a QR code directly linking to this information, including the statement that the product has not been tested for toxic heavy metals.

The bill requires a manufacturer, upon request by the Department of Agriculture, Trade and Consumer Protection, to provide to DATCP the results of baby food testing for toxic heavy metals and the protocols and standards used in this testing.

The bill prohibits a person from manufacturing, selling or offering for sale, delivering, or holding for sale in this state any baby food that does not comply with the requirements of the bill. A person who violates this prohibition is subject to a forfeiture of $100 per day, per product, for each violation. DATCP must establish a process to receive complaints of alleged violations and must investigate these complaints.