EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0723*
SENATE BILL 723
J1 4lr2840
CF HB 97
By: Senator Benson
Introduced and read first time: January 31, 2024
Assigned to: Finance
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
(3) “MANUFACTURER ” INCLUDES A FOOD MANU FACTURER, FOOD 22
PROCESSOR, AND FOOD PACKER . 23 2 SENATE BILL 723
(4) “PROFICIENT LABORATORY ” MEANS A LABORATORY A CCREDITED 1
UNDER THE STANDARDS OF THE INTERNATIONAL ORGANIZATION FOR 2
STANDARDIZATION . 3
(5) “QR CODE” MEANS A MAC HINE–READABLE CODE , CONSISTING OF 4
AN ARRAY OF SQUARES , USED FOR STORING AN INTERNET WEBSITE IN O RDER TO 5
ACCESS A WEBPAGE . 6
(6) “TOXIC HEAVY METAL ” MEANS ARSENIC , CADMIUM, LEAD, OR 7
MERCURY. 8
(B) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF BABY 9
FOOD SHALL TEST A SAMP LE OF THE MANUFACTUR ER’S FINAL BABY FOOD PR ODUCT 10
FOR EACH TOXIC HEAVY METAL BEFORE PACKAGI NG INDIVIDUAL UNITS OF BABY 11
FOOD FOR SALE OR DIS TRIBUTION IN THE STATE. 12
(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS 13
SUBSECTION SHALL BE CONDUCTED BY A PR OFICIENT LABORATORY AT LEAST ONCE 14
PER MONTH. 15
(C) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF BA BY 16
FOOD SHALL PROVIDE T HE RESULTS OF THE TE STING CONDUCTED UNDE R 17
SUBSECTION (B) OF THIS SECTION TO A N AUTHORIZED AGENT O F THE 18
DEPARTMENT. 19
(D) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY FOOD 20
SHALL: 21
(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTUR ER’S WEBSITE: 22
(I) THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL 23
PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TE STING 24
CONDUCTED UNDER SUBS ECTION (B) OF THIS SECTION; AND 25
(II) A LINK TO THE U.S. FOOD AND DRUG ADMINISTRATION ’S 26
WEBSITE THAT INCLUDE S THE MOST RECENT U.S. FOOD AND DRUG 27
ADMINISTRATION GUIDAN CE AND INFORMATION A BOUT THE HEALTH EFFE CTS OF 28
THE TOXIC HEAVY METALS ON CHILDREN ; AND 29
(2) INCLUDE ON THE BABY F OOD PRODUCT LABEL : 30
(I) THE TEST RESULTS FOR THE TOXIC HEAVY META LS; OR 31 SENATE BILL 723 3
(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT 1
LINKS TO A PAGE ON T HE MANUFACTURER ’S WEBSITE CONTAINING THE TEST 2
RESULTS FOR THE TOXI C HEAVY METALS . 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2024. 5