AN ACT CONCERNING BABY FOOD PRODUCTS AND TOXIC HEAVY METALS.

Senate
sSB118 / File No. 214 1

General Assembly File No. 214
February Session, 2026 Substitute Senate Bill No. 118

Senate, March 30, 2026

The Committee on General Law reported through SEN.
MARONEY of the 14th Dist., Chairperson of the Committee on
the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING BABY FOOD PRODUCTS AND TOXIC HEAVY
METALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. (NEW) (Effective October 1, 2026) (a) As used in this section: 1
(1) "Baby food product" (A) means any food that is (i) manufactured, 2
packaged, labeled and sold in a container, and (ii) intended for 3
consumption by individuals younger than two years of age, and (B) 4
does not include infant formula, as defined in section 21a -92 of the 5
general statutes; 6
(2) "Commissioner" means the Commissioner of Consumer 7
Protection; 8
(3) "Consumer" means an individual residing in this state who is a 9
purchaser, or a prospective purchaser, of a baby food product; 10
(4) "Food" has the same meaning as provided in section 21a-92 of the 11
general statutes; 12
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(5) "Person" has the same meaning as provided in section 21a -92 of 13
the general statutes; 14
(6) "Production aggregate" means a quantity of a baby food product 15
that is (A) intended to be uniform in composition, character and quality, 16
and (B) produced according to a master manufacturing order; 17
(7) "Proficient laboratory" means a laboratory that (A) is accredited 18
under International Organization for Standardization or International 19
Electrotechnical Commission (ISO/IEC) Standard 17025:2017, as 20
amended from time to time, (B) uses an analytical method that is as 21
sensitive as the analytical method described in the latest edition of the 22
federal Food and Drug Administration's "Elemental Analysis Manual 23
for Food and Related Products", and (C) demonstrates proficiency in 24
quantifying each toxic heavy metal concentration to at least six 25
micrograms of the toxic heavy metal to kilogram of food through an 26
independent proficiency test by achieving a z -score that is less than or 27
equal to plus or minus two; 28
(8) "Quick response code" means a two -dimensional matrix barcode 29
that consists of blocks arranged in a grid and may be read by an imaging 30
device; 31
(9) "Representative sample" means a sample that (A) consists of 32
several units drawn from a material based on rational criteria, including, 33
but not limited to, random sampling, and (B) is intended to accurately 34
represent the material from which the sample is drawn; and 35
(10) "Toxic heavy metal" includes arsenic, cadmium, lead and 36
mercury. 37
(b) On and after January 1, 2027, no person shall manufacture, sell, 38
distribute or offer for sale in this state any baby food product that 39
contains a toxic heavy metal in an amount that exceeds the applicable 40
limit established by the federal Food and Drug Administration. 41
(c) On and after January 1, 2027, the manufacturer of a baby food 42
product manufactured in this state, or intended for sale or distribution 43
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in this state, shall, not less frequently than monthly, ensure that a 44
proficient laboratory tests a representative sample of each production 45
aggregate of the final baby food product for the presence of toxic heavy 46
metals. Each test may be performed before the final baby food product 47
is packaged for distribution or sale. The manufacturer shall maintain a 48
record of the results of each such test for not less than thirty-six months 49
beginning on the date on which such test was performed. 50
(d) On and after January 1, 2027, the manufacturer of a baby food 51
product manufactured in this state, or intended for sale or distribution 52
in this state, shall make publicly available on the manufacturer's Internet 53
web site, until thirty days after expiration of the shelf life of the final 54
baby food product: 55
(1) The name and amount of each toxic heavy metal present in the 56
final baby food product, as determined by way of the testing required 57
under subsection (c) of this section; 58
(2) Information, including, but not limited to, the name of the final 59
baby food product or the universal product code, lot number or batch 60
number assigned to the final baby food product, that is sufficient to 61
enable a reasonable consumer to identify the final baby food product; 62
and 63
(3) A link to a publicly accessible web page on the federal Food and 64
Drug Administration's Internet web site where a consumer may review 65
current information, and said administration's current guidance, 66
regarding the effects of toxic heavy metals on children's health. 67
(e) On and after January 1, 2027, if a baby food product is tested for a 68
toxic heavy metal subject to an action level, regulatory limit or tolerance 69
established by the federal Food and Drug Administration under 21 CFR 70
109, as amended from time to time, the manufacturer of the baby food 71
product shall display on the baby food product container: 72
(1) The following statement in a clear, legible and conspicuous 73
manner: 74
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"For Information About Toxic Element Testing On This Product, Scan 75
the QR Code."; and 76
(2) A quick response code, or another machine -readable code, that 77
directs consumers to a publicly accessible web page on the 78
manufacturer's Internet web site, or to the baby food p roduct 79
information page, disclosing: 80
(A) The results of the testing described in this subsection; and 81
(B) The address of a publicly accessible web page on the federal Food 82
and Drug Administration's Internet web site where a consumer may 83
review current information, and said administration's current guidance, 84
regarding the effects of toxic heavy metals on children's health. 85
(f) On and after January 1, 2027, if a consumer believes, based on the 86
information provided to the consumer concerning a baby food product, 87
that the baby food product is being sold in the state in violation of any 88
provision of subsections (b) to (e), inclusive, of this section, the 89
consumer may report such belief to the Commissioner of Consumer 90
Protection in a form and manner prescribed by the commissioner. After 91
receiving such report, the commissioner may send a notice to the 92
manufacturer of such baby food product, in a form and manner 93
prescribed by the commissioner, requiring such manufacturer to 94
disclose to the commissioner the results of the testing most recently 95
performed on such baby food product pursuant to subsection (c) of this 96
section. The manufacturer shall disclose such results to the 97
commissioner, in a form and manner prescribed by the commissioner, 98
not later than sixty days after the manufacturer receives such notice. 99
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 New section

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Statement of Legislative Commissioners:
In Subsecs. (b) to (f), inclusive, "Beginning on" was changed to "On and
after" for consistency with standard drafting conventions; and in Subsec.
(c), provisions were redrafted for internal consistency.

GL Joint Favorable Subst.

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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None
Municipal Impact: None
Explanation
The bill makes various requirements of baby food manufacturers and
allows consumers to report violations to the Department of Consumer
Protection (DCP) resulting in no fiscal impact to the state as DCP has the
expertise and resources to meet the requirements of the bill.
The Out Years
State Impact: None
Municipal Impact: None

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OLR Bill Analysis
sSB 118

AN ACT CONCERNING BABY FOOD PRODUCTS AND TOXIC
HEAVY METALS.

SUMMARY
This bill, beginning January 1, 2027:
1. prohibits making, selling, or distributing a baby food product
containing a toxic heavy metal (such as arsenic, cadmium, lead,
and mercury) in an amount exceeding a limit set by the federal
Food and Drug Administration (FDA);
2. requires manufacturers to ( a) have laboratories test baby food
product samples monthly for toxic heavy metals and (b) publish
on their website information about the amount of each toxic
heavy metal found in a baby food product and a link to FDA
information on these metals;
3. requires manufacturers of baby food products tested for a toxic
heavy metal that has a n FDA action level, regulatory limit, or
tolerance to display on the product container (see
BACKGROUND) a way to access a webpage with test results and
a link to FDA information on these metals; and
4. allows consumers to report violations to the Department of
Consumer Protection (DCP).
Under the bill, a “baby food product ” is a food, other than infant
formula, made, packaged, labeled, and sold in a container for children
under age two.
EFFECTIVE DATE: October 1, 2026
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TESTING
The bill requires baby food product manufacturers that make or
intend to sell or distribute the products in the state to have a laboratory
test the products for toxic heavy metals at least monthly. The lab must
(1) be accredited under certain standards of the International
Organization for Standardization or International Electrotechnical
Commission, (2) use analytical methods that satisfy the FDA’s
“Elemental Analysis Manual for Food and Related Products,” and (3) be
able to quantify each toxic heavy metal concentration to at least six
micrograms out of a kilogram of food using certain scientific and
statistical methods.
The lab must test a representative sample of each final product’s
production aggregate, which is an amount of the product made under a
master manufacturing order and intended to be uniform in
composition, character, and quality. The test can be performed before
packaging the product for distribution or sale.
The bill requires manufacturers to keep test results for at least 36
months.
MANUFACTURER’S REQUIRED WEBSITE POSTING
The bill requires baby food product manufacturers to post on their
website until 30 days after a product’s shelf life expires:
1. the name and amount of any toxic heavy metal in the product
found through testing;
2. information that allows a reasonable customer to identify the
product, such as its name, universal product code, or lot or batch
number; and
3. a link to the FDA’s webpage with information and guidance on
how toxic heavy metals affect children’s health.
PRODUCT CONTAINERS
The bill requires the manufacturer of a baby food product tested for
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a toxic heavy metal subject to an FDA action level, regulatory limit, or
tolerance to include on the product container:
1. in a clear, legible, and conspicuous way: “For Information About
Toxic Element Testing On This Product, Scan the QR Code” and
2. a quick response (QR) or other machine -readable code directing
consumers to a page on the manufacturer’s website or the
product information page with the testing results and a link to
the FDA’s webpage for information and guidance on how toxic
heavy metals affect children’s health.
CONSUMER REPORTS TO DCP
The bill allows a consumer to report to DCP, in a way set by DCP,
when the consumer believes that a product violates the bill’s provisions.
In response, the bill allows DCP to require the manufacturer to produce,
within 60 days of receiving a notice from DCP, the products’ most recent
testing results. The manufacturer must give DCP the report in a way set
by DCP.
BACKGROUND
FDA Closer to Zero
The FDA ’s Closer to Zero program is examining exposure to
contaminants in food eaten by babies and young children. FDA
research, evaluation, and regulator y processes on lead, arsenic,
cadmium, and mercury in these foods are ongoing.
In January 2025, the FDA issued industry guidance and the following
action levels for lead in processed food for babies and young children:
1. 10 parts per billion (ppb) for fruits, vegetables (excluding single-
ingredient root vegetables), mixtures (including grain- and meat-
based mixtures), yogurts, custards , puddings, and single -
ingredient meats and
2. 20 ppb for single -ingredient root vegetables and dry infant
cereals.
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The FDA states that action levels are a level of contamination where
food may be considered adulterated and that it considers these levels
along with other factors when deciding whether to bring an
enforcement action.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 20 Nay 0 (03/11/2026)