Public Health - Baby Food Testing - Definition of Baby Food

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0570*

SENATE BILL 570
J1 6lr3124
CF HB 196
By: Senator Ellis
Introduced and read first time: February 4, 2026
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Public Health – Baby Food Testing – Definition of Baby Food 2

FOR the purpose of altering the definition of “baby food” for purposes of certain provisions 3
of law governing baby food testing to include, rather than exclude, infant formula 4
and to include infant cereal; and generally relating to baby food testing. 5

BY repealing and reenacting, with amendments, 6
Article – Health – General 7
Section 21–330.4 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Health – General 13

21–330.4. 14

(a) (1) In this section the following words have the meanings indicated. 15

(2) (i) “Baby food” means food packaged in a jar, pouch, tub, or box sold 16
specifically for babies and children under the age of 2 years. 17

(ii) “Baby food” [does not include infant] INCLUDES: 18

1. INFANT formula, as defined in 21 U.S.C. § 321(z); AND 19

2. INFANT CEREAL, AS DEFINED IN 7 C.F.R. § 220.2. 20

2 SENATE BILL 570

(3) “Manufacturer” includes a food manufacturer, food processor, and food 1
packer. 2

(4) “Production aggregate” means a quantity of product that is intended to 3
have uniform composition, character, and quality and is produced according to a master 4
manufacturing order. 5

(5) “Proficient laboratory” means a laboratory that: 6

(i) Is accredited under the standards of the International 7
Organization for Standardization/International Electrotechnical Commission 17025:2017; 8

(ii) Uses an analytical method at least as sensitive as the analytical 9
method described in Section 4.7 of the U.S. Food and Drug Administration Elemental 10
Analysis Manual for Food and Related Products; and 11

(iii) Demonstrates proficiency in quantifying each toxic element to at 12
least 6 micrograms of the toxic element to kilogram of food through an independent 13
proficiency test by achieving a z–score that is less than or equal to plus or minus two. 14

(6) “QR code” means a machine –readable code, consisting of an array of 15
squares, used for storing an Internet website in order to access a webpage. 16

(7) “Representative sample” means a sample that consists of a number of 17
units that are drawn based on rational criteria, such as random sampling, and intended to 18
ensure that the sample accurately portrays the material being sampled. 19

(8) “Toxic heavy metal” means arsenic, cadmium, lead, or mercury. 20

(b) (1) Except as provided in paragraph (2) of this subsection, on or after 21
January 1, 2025, a person may not sell, distribute, or offer fo r sale baby food in the State 22
that contains toxic heavy metals that exceed the limits established by the U.S. Food and 23
Drug Administration. 24

(2) A person may sell, distribute, or offer for sale baby food manufactured 25
before January 1, 2026. 26

(c) (1) Beginning January 1, 2025, each manufacturer of baby food shall test 27
a representative sample of each production aggregate of the manufacturer’s final baby food 28
product for each toxic heavy metal. 29

(2) The testing required under paragraph (1) of this subsect ion shall be 30
conducted by a proficient laboratory at least once per month. 31

(3) A manufacturer may test the final baby food product in accordance with 32
paragraph (1) of this subsection before packaging individual units of baby food for sale or 33
distribution. 34
SENATE BILL 570 3

(d) On the request of the Department, a manufacturer of baby food shall provide 1
the results of the testing conducted under subsection (c) of this section to an authorized 2
agent of the Department. 3

(e) Beginning January 1, 2026, each manufacturer of baby food shall: 4

(1) Make publicly available on the manufacturer’s website for each baby 5
food product sold, manufactured, delivered, held, or offered for sale in the State: 6

(i) The name and level of each toxic heavy metal present in the final 7
baby food product as determined by the testing conducted under subsection (c) of this 8
section; 9

(ii) Sufficient information, such as the product name, universal 10
product code, or lot or batch number, to enable consumers to identify the final baby food 11
product; and 12

(iii) A link to the U.S. Food and Drug Administration’s website that 13
includes the most recent U.S. Food and Drug Administration guidance and information 14
about the health effects of the toxic heavy metals on children; and 15

(2) If the baby food i s tested for a toxic heavy metal subject to an action 16
level, regulatory limit, or tolerance established by the U.S. Food and Drug Administration 17
under 21 C.F.R. § 109, include on the baby food product label: 18

(i) The following statement: “For informatio n about toxic element 19
testing on this product, scan the QR code.”; and 20

(ii) A QR code or other machine –readable code that allows 21
consumers to access on the manufacturer’s website or the baby food product information 22
page: 23

1. The test results for the toxic heavy metals; and 24

2. A link to the webpage on the U.S. Food and Drug 25
Administration website that includes the most recent guidance and information about the 26
health effects of the toxic heavy metal on children. 27

(f) If a consumer believes, based on information gathered through the use of the 28
code included on the baby food product label under subsection (e)(2) of this section, that 29
baby food is being sold in the State with toxic heavy metals that exceed limits established 30
by the U.S. Food and Drug Administration, the consumer shall report the baby food to the 31
Department. 32

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 33
October 1, 2026. 34