Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 899Introduced by Assembly Member MuratsuchiFebruary 14, 2023 An act to add Article 8.5 (commencing with Section 110962) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to food. LEGISLATIVE COUNSEL'S DIGESTAB 899, as amended, Muratsuchi. Food safety: infant formula and baby food.Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor.This bill would require a an in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state to test their final infant formula or baby food product product, as defined, for toxic heavy metals, including levels of lead, mercury, cadmium, and arsenic, and to make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product. The bill would also require those manufacturers to, for infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance. By creating a new crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 8.5 (commencing with Section 110962) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 8.5. Infant Formula and Baby Food110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 899Introduced by Assembly Member MuratsuchiFebruary 14, 2023 An act to add Article 8.5 (commencing with Section 110962) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to food. LEGISLATIVE COUNSEL'S DIGESTAB 899, as amended, Muratsuchi. Food safety: infant formula and baby food.Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor.This bill would require a an in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state to test their final infant formula or baby food product product, as defined, for toxic heavy metals, including levels of lead, mercury, cadmium, and arsenic, and to make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product. The bill would also require those manufacturers to, for infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance. By creating a new crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 13, 2023
Amended IN Assembly March 13, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 899
Introduced by Assembly Member MuratsuchiFebruary 14, 2023
Introduced by Assembly Member Muratsuchi
February 14, 2023
An act to add Article 8.5 (commencing with Section 110962) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to food.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 899, as amended, Muratsuchi. Food safety: infant formula and baby food.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor.This bill would require a an in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state to test their final infant formula or baby food product product, as defined, for toxic heavy metals, including levels of lead, mercury, cadmium, and arsenic, and to make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product. The bill would also require those manufacturers to, for infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance. By creating a new crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor.
This bill would require a an in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state to test their final infant formula or baby food product product, as defined, for toxic heavy metals, including levels of lead, mercury, cadmium, and arsenic, and to make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product. The bill would also require those manufacturers to, for infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance. By creating a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 8.5 (commencing with Section 110962) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 8.5. Infant Formula and Baby Food110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 8.5 (commencing with Section 110962) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 8.5. Infant Formula and Baby Food110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.
SECTION 1. Article 8.5 (commencing with Section 110962) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:
### SECTION 1.
Article 8.5. Infant Formula and Baby Food110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.
Article 8.5. Infant Formula and Baby Food110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.
Article 8.5. Infant Formula and Baby Food
Article 8.5. Infant Formula and Baby Food
110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.
110962. A An in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state shall do all of the following:
(a) Test (1) Test their final infant formula or baby food product for toxic heavy metals. metals, including levels of lead, mercury, cadmium, and arsenic.
(2) For purposes of this section, final infant formula or baby food product means the finished product of infant formula or baby food as opposed to the constituent ingredients of infant formula or baby food.
(3) A manufacturer may test their final infant formula or baby food product pursuant to this section before packaging individual units of infant formula or baby food for sale or distribution.
(b) Make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product.
(c) For infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.