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Wisconsin Legislature: AB1071: Bill Text
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AB1071: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6267/1
ARG:wlj
2025 ASSEMBLY BILL 1071
February 26, 2026 - Introduced by Representatives
Steffen
,
Rodriguez
,
Behnke
,
Dittrich
,
Green
,
Gundrum
,
Moses
,
Murphy
,
Mursau
,
Ortiz-Velez
and
Piwowarczyk
, cosponsored by Senator
Cabral-Guevara
. Referred to Committee on Consumer Protection.
AB1071,1,2
1
An Act
to create
97.45 of the statutes;
relating to:
testing and labeling related
2
to toxic heavy metals in baby food and providing a penalty.
Analysis by the Legislative Reference Bureau
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.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1071,1
1
Section
1
.
97.45 of the statutes is created to read:
AB1071,2,3
2
97.45
Testing and labeling related to toxic heavy metals in baby food.
3
(1)
Definitions.
In this section:
AB1071,2,6
4
(a) “Baby food” means food that is or is intended to be packaged in a jar, pouch,
5
tub, or box and that is sold or intended to be sold specifically for children under 2
6
years of age. “Baby food” includes infant formula, as defined in
21 USC 321
(z).
AB1071,2,9
7
(b) “Final baby food product” means the finished product of baby food with a
8
unique universal product code. “Final baby food product” does not include the
9
individual ingredients that are in baby food.
AB1071,2,11
10
(c) “Manufacturer” includes a food manufacturer, food processor, or food
11
packer.
AB1071,2,13
12
(d) “Product label” means a display of written, printed, or graphic material
13
that is affixed to a final baby food product or the product’s immediate container.
AB1071,3,3
1
(e) “Product shelf life,” with respect to a final baby food product, means the
2
time, measured in number of months, between the product’s date of manufacture
3
and the product’s expiration date.
AB1071,3,5
4
(f) “Quick response code” means a machine-readable code, consisting of an
5
array of squares, used for storing data that allows a user to access a web page.
AB1071,3,6
6
(g) “Toxic heavy metal” means arsenic, cadmium, lead, or mercury.
AB1071,3,9
7
(2)
Prohibited activities.
No person may manufacture, sell or offer for sale,
8
deliver, or hold for sale in this state any baby food that does not comply with the
9
requirements of this section.
AB1071,3,15
10
(3)
Testing disclosures.
(a) If a manufacturer of baby food conducts testing
11
for toxic heavy metals that will be present in the final baby food product of the
12
manufacturer, the manufacturer shall publicly disclose on the manufacturer’s
13
website, for each final baby food product that it manufactures in this state or that is
14
sold or offered for sale, delivered, or held for sale in this state, all of the following
15
information:
AB1071,3,17
16
1. The name and level of each toxic heavy metal present in the final baby food
17
product as determined by the testing, and the date of testing.
AB1071,3,21
18
2. Descriptive information, including the product’s name, universal product
19
code, size, and lot or batch number, sufficient to enable consumers to accurately
20
identify the final baby food product associated with the testing information
21
specified in subd. 1.
AB1071,3,23
22
3. Whether the testing was conducted in accordance with federal food and
23
drug administration testing protocols and standards for the applicable type of test.
AB1071,4,2
24
(b) If a manufacturer of baby food is required to disclose information on the
1
manufacturer’s website as provided in par. (a), the manufacturer shall also do all of
2
the following:
AB1071,4,6
3
1. Include on the final baby food product label a quick response code that
4
directly links to the manufacturer’s website disclosure under par. (a) applicable to
5
the final baby food product and the statement: “For information about toxic element
6
testing on this product, scan the QR code.”
AB1071,4,9
7
2. Include on the manufacturer’s website a link to the web page on the federal
8
food and drug administration’s website that includes the most recent guidance and
9
information about the health effects of toxic heavy metals on children.
AB1071,4,12
10
(c) The information required to be disclosed on a manufacturer’s website
11
under par. (a) shall be maintained on the website for the duration of the product
12
shelf life for the final baby food product plus one month.
AB1071,4,16
13
(d) A manufacturer of baby food shall provide to the department, upon the
14
department’s request, the results of any testing conducted under this subsection as
15
well as details of the protocols and standards used in the manufacturer’s testing
16
program.
AB1071,4,21
17
(4)
Disclosures of nontesting.
(a) If a manufacturer of baby food does not
18
conduct testing for toxic heavy metals that will be present in the final baby food
19
product that it manufactures in this state or that is sold or offered for sale,
20
delivered, or held for sale in this state, the manufacturer shall do all of the following
21
with respect to each such final baby food product:
AB1071,4,22
22
1. Publicly disclose on the manufacturer’s website all of the following:
AB1071,5,2
23
a. Descriptive information, including the product’s name, universal product
1
code, size, and lot or batch number, sufficient to enable consumers to accurately
2
identify the final baby food product.
AB1071,5,5
3
b. A statement, in clear language that is understandable to laypersons, that
4
the final baby food product has not been tested for the presence of toxic heavy
5
metals.
AB1071,5,8
6
2. Include on the final baby food product label a quick response code that
7
directly links to the manufacturer’s publicly available web page containing the
8
information specified in subd. 1. a. and b.
AB1071,5,11
9
(b) The information required to be disclosed on a manufacturer’s website
10
under par. (a) shall be maintained on the website for the duration of the product
11
shelf life for the final baby food product plus one month.
AB1071,5,14
12
(5)
Consumer complaints; enforcement.
(a) The department shall
13
establish a process to receive complaints from the public relating to any alleged
14
violation of this section and shall investigate these complaints.
AB1071,5,16
15
(b) A person who violates sub. (2) is subject to a forfeiture of $100 for each day
16
the violation occurs, for each product to which the violation applies.
AB1071,2
17
Section
2
. Initial applicability.
AB1071,5,20
18
(
1
) This act first applies to baby food, as defined in s. 97.45 (1) (a), that is
19
manufactured, sold or offered for sale, delivered, or held for sale in this state on the
20
first day of the 7th month beginning after publication.
AB1071,5,21
21
(end)
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