EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0723*
SENATE BILL 723
J1 4lr2840
CF HB 97
By: Senator Benson
Introduced and read first time: January 31, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2024
CHAPTER ______
AN ACT concerning 1
Baby Food – Toxic Heavy Metals – Testing and Labeling 2
(Rudy’s Law) 3
FOR the purpose of requiring, beginning on a certain date, manufacturers of baby food to 4
conduct certain testing on baby food for toxic heavy metals before packaging 5
individual units of baby food for sale or distribution in the State; requiring, beginning 6
on a certain date, manufacturers of baby food to include certain information related 7
to toxic heavy metals on the manufacturer’s website and on the baby food product 8
label; requiring a consumer to report baby food to the Maryland Department of 9
Health if the consumer believes, based on certain information, that the baby food is 10
being sold in the State with toxic heavy metals that exceed limits established by the 11
U.S. Food and Drug Administration; and generally relating to baby food and toxic 12
heavy metals. 13
BY adding to 14
Article – Health – General 15
Section 21–330.4 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Health – General 21
2 SENATE BILL 723
21–330.4. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) (I) “BABY FOOD” MEANS FOOD PACKAGED IN A JAR, POUCH, 4
TUB, OR BOX SOLD SPECIFIC ALLY FOR BABIES AND CHILDREN UNDER THE A GE OF 2 5
YEARS. 6
(II) “BABY FOOD” DOES NOT INCLUDE INF ANT FORMULA , AS 7
DEFINED IN 21 U.S.C. § 321(Z). 8
(3) “MANUFACTURER ” INCLUDES A FOOD MANU FACTURER, FOOD 9
PROCESSOR, AND FOOD PACKER . 10
(4) “PRODUCTION AGGREGATE ” MEANS A QUANTITY OF PRODUCT 11
THAT IS INTENDED TO HAVE UNIFORM COMPOSI TION, CHARACTER , AND QUALITY 12
AND IS PRODUCED ACCO RDING TO A MASTER MA NUFACTURING ORDER . 13
(4) (5) “PROFICIENT LABORATORY ” MEANS A LABORATORY 14
ACCREDITED UNDER THE STANDARDS OF THE INTERNATIONAL ORGANIZATION FOR 15
STANDARDIZATION . 16
(5) (6) “QR CODE” MEANS A MA CHINE–READABLE CODE , 17
CONSISTING OF AN ARR AY OF SQUARES, USED FOR STORING AN INTERNET WEBSITE 18
IN ORDER TO ACCESS A WEBPAGE. 19
(7) “REPRESENTATIVE SAMPLE ” MEANS A SAMPLE THAT CONSISTS 20
OF A NUMBER OF UNITS THAT ARE DRAWN BASED ON RATIONAL CRITERIA , SUCH AS 21
RANDOM SAMPLING , AND INTENDED TO ENSU RE THAT THE SAMPLE A CCURATELY 22
PORTRAYS THE MATERIA L BEING SAMPLED . 23
(6) (8) “TOXIC HEAVY METAL ” MEANS ARSENIC , CADMIUM, LEAD, 24
OR MERCURY . 25
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 26
ON OR AFTER JANUARY 1, 2025, A PERSON MAY NOT SEL L, DISTRIBUTE, OR OFFER 27
FOR SALE BABY FOOD I N THE STATE THAT CONTAINS T OXIC HEAVY METALS TH AT 28
EXCEED THE LIMITS ES TABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION . 29
(2) A PERSON MAY SELL , DISTRIBUTE, OR OFFER FOR SALE BA BY 30
FOOD MANUFACTURED BE FORE JANUARY 1, 2026. 31
SENATE BILL 723 3
(B) (C) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF 1
BABY FOOD SHALL TEST A REPRESENTATIVE SAMPLE OF EACH PRODUCTION 2
AGGREGATE OF THE MANUFACTURER ’S FINAL BABY FOOD PR ODUCT FOR EACH 3
TOXIC HEAVY METAL BEFORE PACKAGING IND IVIDUAL UNITS OF BAB Y FOOD FOR 4
SALE OR DISTRIBUTION IN THE STATE. 5
(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS 6
SUBSECTION SHALL BE CONDU CTED BY A PROFICIENT LABORATORY AT LEAST ONCE 7
PER MONTH. 8
(3) A MANUFACTURER MAY TES T THE FINAL BABY FOO D PRODUCT IN 9
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION B EFORE PACKAGING 10
INDIVIDUAL UNITS OF BABY FOOD FOR SALE O R DISTRIBUTION. 11
(C) (D) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF 12
BABY FOOD SHALL PROV IDE THE RESULTS OF T HE TESTING CONDUCTED UNDER 13
SUBSECTION (B) (C) OF THIS SECTION TO A N AUTHORIZED AGENT O F THE 14
DEPARTMENT . 15
(D) (E) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY 16
FOOD SHALL: 17
(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTUR ER’S WEBSITE 18
FOR EACH BABY FOOD P RODUCT SOLD , MANUFACTURED , DELIVERED, HELD, OR 19
OFFERED FOR SALE IN THE STATE: 20
(I) THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL 21
PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TE STING 22
CONDUCTED UNDER SUBS ECTION (B) (C) OF THIS SECTION; AND 23
(II) SUFFICIENT INFORMATIO N, SUCH AS THE PRODUCT NAME, 24
UNIVERSAL PRODUCT CO DE, OR LOT OR BATCH NUMB ER, TO ENABLE CONSUMERS 25
TO IDENTIFY THE FINAL BAB Y FOOD PRODUCT ; AND 26
(II) (III) A LINK TO THE U.S. FOOD AND DRUG 27
ADMINISTRATION ’S WEBSITE THAT INCLU DES THE MOST RECENT U.S. FOOD AND 28
DRUG ADMINISTRATION GUIDAN CE AND INFORMATION A BOUT THE HEALTH 29
EFFECTS OF THE TOXIC HEAVY METALS ON CHILDREN; AND 30
(2) INCLUDE IF THE BABY FOOD IS T ESTED FOR A TOXIC HE AVY 31
METAL SUBJECT TO AN ACTION LEVEL , REGULATORY LIMIT , OR TOLERANCE 32
ESTABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. § 33
109, INCLUDE ON THE BABY FOOD PRO DUCT LABEL: 34
4 SENATE BILL 723
(I) THE FOLLOWING STATEME NT: “FOR INFORMATION ABOUT 1
TOXIC HEAVY METAL TE STING ON THIS PRODUC T, SCAN THE QUICK RESPONSE (QR) 2
CODE.”; AND 3
(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT 4
ALLOWS CONSUMERS TO ACCESS ON THE MANUFA CTURER’S WEBSITE OR THE BABY 5
FOOD PRODUCT INFORMA TION PAGE: 6
(I) 1. THE TEST RESULTS FOR THE TOXIC HEAVY META LS; 7
OR AND 8
(II) 2. A QR CODE OR OTHER MACHIN E–READABLE CODE 9
THAT LINKS TO A PAGE ON T HE MANUFACTURER ’S WEBSITE CONTAINING THE TEST 10
RESULTS FOR THE TOXI C HEAVY METALS LINK TO THE WEBPAGE ON THE U.S. FOOD 11
AND DRUG ADMINISTRATION WEBSIT E THAT INCLUDES THE MOST RECENT 12
GUIDANCE AND INFORMA TION ABOUT THE HEALT H EFFECTS OF THE TOX IC HEAVY 13
METAL ON CHILDREN . 14
(F) (1) IF A CONSUMER BELIEVE S, BASED ON INFORMATION GATHERED 15
THROUGH THE USE OF T HE CODE INCLUDED ON THE BABY FOOD PRODUC T LABEL 16
UNDER SUBSECTION (E)(2) OF THIS SECTION , THAT BABY FOOD IS BE ING SOLD IN 17
THE STATE WITH TOXIC HEAV Y METALS THAT EXCEED LIMITS ESTABLISHED B Y THE 18
U.S. FOOD AND DRUG ADMINISTRATION , THE CONSUMER SHALL REPORT THE BABY 19
FOOD TO THE DEPARTMENT . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2024. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.