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.
Italics indicate opposite chamber/conference committee amendments.
*sb0723*
SENATE BILL 723
J1 (4lr2840)
ENROLLED BILL
— Finance/Health and Government Operations —
Introduced by Senator Benson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 723
Article – Health – General 1
Section 21–330.4 2
Annotated Code of Maryland 3
(2023 Replacement Volume) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 5
That the Laws of Maryland read as follows: 6
Article – Health – General 7
21–330.4. 8
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(2) (I) “BABY FOOD” MEANS FOOD PACKAGED IN A JAR, POUCH, 11
TUB, OR BOX SOLD SPECIFIC ALLY FOR BABIES AND CHILDREN UNDER THE AGE OF 2 12
YEARS. 13
(II) “BABY FOOD” DOES NOT INCLUDE INF ANT FORMULA , AS 14
DEFINED IN 21 U.S.C. § 321(Z). 15
(3) “MANUFACTURER ” INCLUDES A FOOD MANU FACTURER, FOOD 16
PROCESSOR, AND FOOD PACKER . 17
(4) “PRODUCTION AGGREGATE ” MEANS A QUANTITY OF PRODUC T 18
THAT IS INTENDED TO HAVE UNIFORM COMPOSI TION, CHARACTER , AND QUALITY 19
AND IS PRODUCED ACCO RDING TO A MASTER MA NUFACTURING ORDER . 20
(4) (5) “PROFICIENT LABORATORY ” MEANS A LABORATORY THAT: 21
(I) IS ACCREDITED UNDER THE STANDARDS OF THE 22
INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 23
STANDARDIZATION /INTERNATIONAL ELECTROTECHNICAL COMMISSION 24
17025:2017; 25
(II) USES AN ANALYTICAL ME THOD AT LEAST AS SEN SITIVE AS 26
THE ANALYTICAL METHO D DESCRIBED IN SECTION 4.7 OF THE U.S. FOOD AND DRUG 27
ADMINISTRATION ELEMENTAL ANALYSIS MANUAL FOR FOOD AND RELATED 28
PRODUCTS; AND 29
(III) DEMONSTRATES PROFICIE NCY IN QUANTIFYING E ACH 30
TOXIC ELEMENT TO AT LEAST 6 MICROGRAMS OF THE TO XIC ELEMENT TO KILOG RAM 31
OF FOOD THROUGH AN I NDEPENDENT PROFICIEN CY TEST BY ACHIEVING A Z–SCORE 32 SENATE BILL 723 3
THAT IS LESS THAN OR EQUAL TO PLUS OR MIN US TWO. 1
(5) (6) “QR CODE” MEANS A MACHINE –READABLE CODE , 2
CONSISTING OF AN ARR AY OF SQUARES, USED FOR STORING AN INTERNET WEBSITE 3
IN ORDER TO ACCESS A WEBPAGE. 4
(7) “REPRESENTATIVE SAMPLE ” MEANS A SAMPLE THAT CONSISTS 5
OF A NUMBER OF UNITS THAT ARE DRAWN BASED ON RATIONAL CRITERIA , SUCH AS 6
RANDOM SAMPLING , AND INTENDED TO ENSU RE THAT THE SAMPLE A CCURATELY 7
PORTRAYS THE MATERIA L BEING SAMPLED . 8
(6) (8) “TOXIC HEAVY METAL” MEANS ARSENIC , CADMIUM, LEAD, 9
OR MERCURY . 10
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 11
ON OR AFTER JANUARY 1, 2025, A PERSON MAY NOT SEL L, DISTRIBUTE, OR OFFER 12
FOR SALE BABY FOOD I N THE STATE THAT CONTAINS T OXIC HEAVY METALS THAT 13
EXCEED THE LIMITS ES TABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION . 14
(2) A PERSON MAY SELL , DISTRIBUTE, OR OFFER FOR SALE BA BY 15
FOOD MANUFACTURED BE FORE JANUARY 1, 2026. 16
(B) (C) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF 17
BABY FOOD SHALL TEST A REPRESENTATIVE SAMPLE OF EACH PRODUCTION 18
AGGREGATE OF THE MANUFACTURER ’S FINAL BABY FOOD PR ODUCT FOR EACH 19
TOXIC HEAVY METAL BEFORE PACKAGING IND IVIDUAL UNITS OF BAB Y FOOD FOR 20
SALE OR DISTRIBUTION IN THE STATE. 21
(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS 22
SUBSECTION SHALL BE CONDUCTED BY A PROFI CIENT LABORATORY AT LEAST ONCE 23
PER MONTH. 24
(3) A MANUFACTURER MAY TES T THE FINAL BABY FOO D PRODUCT IN 25
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION B EFORE PACKAGING 26
INDIVIDUAL UNITS OF BABY FOOD FOR SALE O R DISTRIBUTION. 27
(C) (D) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF 28
BABY FOOD SHALL PROV IDE THE RESULTS OF T HE TESTING CONDUCTED UNDER 29
SUBSECTION (B) (C) OF THIS SECTIO N TO AN AUTHORIZED A GENT OF THE 30
DEPARTMENT . 31
(D) (E) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY 32
FOOD SHALL: 33
4 SENATE BILL 723
(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTUR ER’S WEBSITE 1
FOR EACH BABY FOOD P RODUCT SOLD , MANUFACTURED , DELIVERED, HELD, OR 2
OFFERED FOR SALE IN THE STATE: 3
(I) THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL 4
PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TE STING 5
CONDUCTED UNDER SUBS ECTION (B) (C) OF THIS SECTION; AND 6
(II) SUFFICIENT INFORMATIO N, SUCH AS THE PRODUCT NAME, 7
UNIVERSAL PRODUCT CO DE, OR LOT OR BATCH NUMB ER, TO ENABLE CONSUMERS 8
TO IDENTIFY THE FINA L BABY FOOD PRODUCT ; AND 9
(II) (III) A LINK TO THE U.S. FOOD AND DRUG 10
ADMINISTRATION ’S WEBSITE THAT INCLU DES THE MOST RECENT U.S. FOOD AND 11
DRUG ADMINISTRATION GU IDANCE AND INFORMATI ON ABOUT THE HEALTH 12
EFFECTS OF THE TOXIC HEAVY METALS ON CHIL DREN; AND 13
(2) INCLUDE IF THE BABY FOOD IS T ESTED FOR A TOXIC HE AVY 14
METAL SUBJECT TO AN ACTION LEVEL , REGULATORY LIMIT , OR TOLERANCE 15
ESTABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. § 16
109, INCLUDE ON THE BABY FOOD PRO DUCT LABEL: 17
(I) THE FOLLOWING STATEME NT: “FOR INFORMATION ABOUT 18
TOXIC HEAVY METAL TE STING ON THIS PRODUC T, SCAN THE QUICK RESPONSE (QR) 19
CODE.”; AND 20
(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT 21
ALLOWS CONSUMERS TO ACCESS ON THE MANUFA CTURER’S WEBSITE OR THE BAB Y 22
FOOD PRODUCT INFORMA TION PAGE: 23
(I) 1. THE TEST RESULTS FOR THE TOXIC HEAVY META LS; 24
OR AND 25
(II) 2. A QR CODE OR OTHER MACHIN E–READABLE CODE 26
THAT LINKS TO A PAGE ON THE MANUFACTURER ’S WEBSITE CONTAINING THE TEST 27
RESULTS FOR THE TOXI C HEAVY METALS LINK TO THE WEBPAGE ON THE U.S. FOOD 28
AND DRUG ADMINISTRATION WEBSIT E THAT INCLUDES THE MOST RECENT 29
GUIDANCE AND INFORMA TION ABOUT THE HEALT H EFFECTS OF THE TOX IC HEAVY 30
METAL ON CHILDREN. 31
(F) (1) IF A CONSUMER BELIEVE S, BASED ON INFORMATION GATHERED 32
THROUGH THE USE OF T HE CODE INCLUDED ON THE BABY FOOD PRODUC T LABEL 33
UNDER SUBSECTION (E)(2) OF THIS SECTION , THAT BABY FOOD IS BE ING SOLD IN 34
THE STATE WITH TOXIC HEAV Y METALS THAT EXCEED LIMITS ESTABL ISHED BY THE 35 SENATE BILL 723 5
U.S. FOOD AND DRUG ADMINISTRATION , THE CONSUMER SHALL R EPORT THE BABY 1
FOOD TO THE DEPARTMENT . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.