EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0097*
HOUSE BILL 97
J1 4lr1369
(PRE–FILED)
By: Delegates Taveras and Pasteur
Requested: October 31, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Baby Food – Toxic Heavy Metals – Testing and Labeling 2
FOR the purpose of requiring, beginning on a certain date, manufacturers of baby food to 3
conduct certain testing on baby food for toxic heavy metals before packaging 4
individual units of baby food for sale or distribution in the State; requiring, beginning 5
on a certain date, manufacturers of baby food to include certain information related 6
to toxic heavy metals on the manufacturer’s website and on the baby food product 7
label; and generally relating to baby food and toxic heavy metals. 8
BY adding to 9
Article – Health – General 10
Section 21–330.4 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
21–330.4. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “BABY FOOD” MEANS FOOD PACKAGED IN A JAR, POUCH, TUB, OR 20
BOX SOLD SPECIFICALL Y FOR BABIES AND CHI LDREN UNDER THE AGE OF 2 YEARS. 21
2 HOUSE BILL 97
(3) “MANUFACTURER ” INCLUDES A FOOD MANUFACTURER , FOOD 1
PROCESSOR, AND FOOD PACKER. 2
(4) “PROFICIENT LABORATORY ” MEANS A LABORATORY ACCREDITED 3
UNDER THE STANDARDS OF THE INTERNATIONAL ORGANIZATION FOR 4
STANDARDIZATION . 5
(5) “QR CODE” MEANS A MACHINE–READABLE CODE , CONSISTING OF 6
AN ARRAY OF SQUARES , USED FOR STORING AN INTERNET WEBSITE IN O RDER TO 7
ACCESS A WEBPAGE . 8
(6) “TOXIC HEAVY METAL ” MEANS ARSENIC , CADMIUM, LEAD, OR 9
MERCURY. 10
(B) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF BABY 11
FOOD SHALL TEST A SA MPLE OF THE MANUFACT URER’S FINAL BABY FOOD PR ODUCT 12
FOR EACH TOXIC HEAVY METAL BE FORE PACKAGING INDIV IDUAL UNITS OF BABY 13
FOOD FOR SALE OR DISTRIBUTION IN THE STATE. 14
(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS 15
SUBSECTION SHALL BE CONDUCTED BY A PROFICIENT LABO RATORY AT LEAST ONCE 16
PER MONTH. 17
(C) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF BABY 18
FOOD SHALL PROVIDE THE RESULTS OF THE TESTING CONDU CTED UNDER 19
SUBSECTION (B) OF THIS SECTION TO AN AUTHORIZED AGE NT OF THE 20
DEPARTMEN T. 21
(D) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY FOOD 22
SHALL: 23
(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTURER ’S WEBSITE: 24
(I) THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL 25
PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TESTING 26
CONDUCTED UNDER SUBS ECTION (B) OF THIS SECTION; AND 27
(II) A LINK TO THE U.S. FOOD AND DRUG ADMINISTRATION ’S 28
WEBSITE THAT INCLUDE S THE MOST RECENT U.S. FOOD AND DRUG 29
ADMINISTRATION GUIDAN CE AND INFORMATION A BOUT THE HEALTH EFFE CTS OF 30
THE TOXIC HEAVY META LS ON CHILDREN ; AND 31
(2) INCLUDE ON THE BABY FOOD PRODUCT LABEL : 32 HOUSE BILL 97 3
(I) THE TEST RESULTS FOR THE TOXIC HEAVY METAL S; OR 1
(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT 2
LINKS TO A PAGE ON T HE MANUFACTURER ’S WEBSITE CONTAINING THE TEST 3
RESULTS FOR THE TOXI C HEAVY METAL S. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6