Maryland 2024 Regular Session

Maryland Senate Bill SB723 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 954
2	1
3		-	– 1 –
4		-	Chapter 954
5		-	(Senate Bill 723)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0723
8	10
9		-	Baby Food – Toxic Heavy Metals – Testing and Labeling
10		-	(Rudy’s Law)
	11	+	SENATE BILL 723
	12	+	J1 (4lr2840)
	13	+	ENROLLED BILL
	14	+	— Finance/Health and Government Operations —
	15	+	Introduced by Senator Benson
11	16
12		-	FOR the purpose of requiring, beginning on a certain date, manufacturers of baby food to
13		-	conduct certain testing on baby food for toxic heavy metals before packaging
14		-	individual units of baby food for sale or distribution in the State; requiring, beginning
15		-	on a certain date, manufacturers of baby food to include certain information related
16		-	to toxic heavy metals on the manufacturer’s website and on the baby food product
17		-	label; requiring a consumer to report baby food to the Maryland Department of
18		-	Health if the consumer believes, based on certain information, that the baby food is
19		-	being sold in the State with toxic heavy metals that exceed limits established by the
20		-	U.S. Food and Drug Administration; and generally relating to baby food and toxic
21		-	heavy metals.
	17	+	Read and Examined by Proofreaders:
22	18
23		-	BY adding to
24		-	Article – Health – General
25		-	Section 21–330.4
26		-	Annotated Code of Maryland
27		-	(2023 Replacement Volume)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
28	23
29		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30		-	That the Laws of Maryland read as follows:
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
31	25
32		-	~~Article – Health – General~~
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
33	27
34		-	21–330.4.
	28	+	______________________________________________
	29	+	President.
35	30
36		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
37		-	INDICATED.
	31	+	CHAPTER ______
38	32
39		-	(2) (I) “BABY FOOD” MEANS FOOD PACKAGED IN A JAR, POUCH,
40		-	TUB, OR BOX SOLD SPECIFIC ALLY FOR BABIES AND CHILDREN UNDER THE A GE OF 2
41		-	YEARS.
	33	+	AN ACT concerning 1
42	34
43		-	~~(II) “~~BABY FOOD~~” DOES NOT I NCLUDE INFANT FORMUL A,~~ AS
44		-	~~DEFINED IN 21 U.S.C. § 321(Z~~).
	35	+	Baby Food – Toxic Heavy Metals – Testing and Labeling 2
	36	+	(Rudy’s Law) 3
45	37
46		-	(3) “MANUFACTURER ” INCLUDES A FOOD MANU FACTURER, FOOD
47		-	PROCESSOR, AND FOOD PACKER .
48		-	Ch. 954 2024 LAWS OF MARYLAND
	38	+	FOR the purpose of requiring, beginning on a certain date, manufacturers of baby food to 4
	39	+	conduct certain testing on baby food for toxic heavy metals before packaging 5
	40	+	individual units of baby food for sale or distribution in the State; requiring, beginning 6
	41	+	on a certain date, manufacturers of baby food to include certain information related 7
	42	+	to toxic heavy metals on the manufacturer’s website and on the baby food product 8
	43	+	label; requiring a consumer to report baby food to the Maryland Department of 9
	44	+	Health if the consumer believes, based on certain information, that the baby food is 10
	45	+	being sold in the State with toxic heavy metals that exceed limits established by the 11
	46	+	U.S. Food and Drug Administration; and generally relating to baby food and toxic 12
	47	+	heavy metals. 13
49	48
50		-	– 2 –
51		-	(4) “PRODUCTION AGGREGATE ” MEANS A QUANTITY OF PRODUCT
52		-	THAT IS INTENDED TO HAVE UNIFORM COMPOSI TION, CHARACTER , AND QUALITY
53		-	AND IS PRODUCED ACCO RDING TO A MASTER MA NUFACTURING ORDER .
	49	+	BY adding to 14 2 SENATE BILL 723
54	50
55		-	(4) (5) “PROFICIENT LABORATORY ” MEANS A LABORATORY THAT:
56	51
57		-	~~(I) IS ACCREDITED UNDER THE STANDARDS OF THE~~
58		-	~~INTERNATIONAL ORGANIZATION FOR STANDARDIZATION~~
59		-	~~STANDARDIZATION /INTERNATIONAL~~ ~~ELECTROTECHNICAL COMMISSION~~
60		-	~~17025:2017;~~
	52	+	Article – Health – General 1
	53	+	Section 21–330.4 2
	54	+	Annotated Code of Maryland 3
	55	+	(2023 Replacement Volume) 4
61	56
62		-	(II) USES AN ANALYTICAL ME THOD AT LEAST AS SEN SITIVE AS
63		-	THE ANALYTICAL METHO D DESCRIBED IN SECTION 4.7 OF THE U.S. FOOD AND DRUG
64		-	ADMINISTRATION ELEMENTAL ANALYSIS MANUAL FOR FOOD AND RELATED
65		-	PRODUCTS; AND
	57	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 5
	58	+	That the Laws of Maryland read as follows: 6
66	59
67		-	(III) DEMONSTRATES PROFICIE NCY IN QUANTIFYING E ACH
68		-	TOXIC ELEMENT TO AT LEAST 6 MICROGRAMS OF THE TO XIC ELEMENT TO KILOG RAM
69		-	OF FOOD THROUGH AN I NDEPENDENT PROFICIEN CY TEST BY ACHIEVING A Z–SCORE
70		-	THAT IS LESS THAN OR EQUAL TO PLUS OR MIN US TWO.
	60	+	Article – Health – General 7
71	61
72		-	(5) (6) “QR CODE” MEANS A MACHINE –READABLE CODE ,
73		-	CONSISTING OF AN ARRAY OF SQUAR ES, USED FOR STORING AN INTERNET WEBSITE
74		-	IN ORDER TO ACCESS A WEBPAGE.
	62	+	21–330.4. 8
75	63
76		-	(7) “REPRESENTATIVE SAMPLE ” MEANS A SAMPLE THAT CONSISTS
77		-	OF A NUMBER OF UNITS THAT ARE DRAWN BASED ON RATIONAL CRITERIA , SUCH AS
78		-	RANDOM SAMPLING , AND INTENDED TO ENSURE THAT THE SAMP LE ACCURATELY
79		-	PORTRAYS THE MATERIA L BEING SAMPLED .
	64	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
	65	+	INDICATED. 10
80	66
81		-	(6) (8) “TOXIC HEAVY METAL ” MEANS ARSENIC , CADMIUM, LEAD,
82		-	OR MERCURY .
	67	+	(2) (I) “BABY FOOD” MEANS FOOD PACKAGED IN A JAR, POUCH, 11
	68	+	TUB, OR BOX SOLD SPECIFIC ALLY FOR BABIES AND CHILDREN UNDER THE AGE OF 2 12
	69	+	YEARS. 13
83	70
84		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
85		-	ON OR AFTER JANUARY 1, 2025, A PERSON MAY NOT SELL, DISTRIBUTE, OR OFFER
86		-	FOR SALE BABY FOOD I N THE STATE THAT CONTAINS T OXIC HEAVY METALS TH AT
87		-	EXCEED THE LIMITS ES TABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION .
	71	+	(II) “BABY FOOD” DOES NOT INCLUDE INF ANT FORMULA , AS 14
	72	+	DEFINED IN 21 U.S.C. § 321(Z). 15
88	73
89		-	(2) A ~~PERSON MAY SELL~~ , ~~DISTRIBUTE, OR OFFER FOR SALE BA BY~~
90		-	FOOD ~~MANUFACTURED BE FORE JANUARY 1, 2026~~.
	74	+	(3) “MANUFACTURER ” INCLUDES A FOOD MANU FACTURER, FOOD 16
	75	+	PROCESSOR, AND FOOD PACKER . 17
91	76
92		-	(B) (C) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF
93		-	BABY FOOD SHALL TEST A REPRESENTATIVE SAMPLE OF EACH PRODUCTION WES MOORE, Governor Ch. 954
	77	+	(4) “PRODUCTION AGGREGATE ” MEANS A QUANTITY OF PRODUC T 18
	78	+	THAT IS INTENDED TO HAVE UNIFORM COMPOSI TION, CHARACTER , AND QUALITY 19
	79	+	AND IS PRODUCED ACCO RDING TO A MASTER MA NUFACTURING ORDER . 20
94	80
95		-	– 3 –
96		-	AGGREGATE OF THE MANUFACTURER ’S FINAL BABY FOOD PR ODUCT FOR EACH
97		-	TOXIC HEAVY METAL BEFORE PACKAGING IND IVIDUAL UNITS OF BABY FOOD FOR
98		-	SALE OR DISTRIBUTION IN THE STATE.
	81	+	(4) (5) “PROFICIENT LABORATORY ” MEANS A LABORATORY THAT: 21
99	82
100		-	(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS
101		-	SUBSECTION SHALL BE CONDUCTED BY A PROFI CIENT LABORATORY AT LEAST ONCE
102		-	PER MONTH.
	83	+	(I) IS ACCREDITED UNDER THE STANDARDS OF THE 22
	84	+	INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 23
	85	+	STANDARDIZATION /INTERNATIONAL ELECTROTECHNICAL COMMISSION 24
	86	+	17025:2017; 25
103	87
104		-	(3) A MANUFACTURER MAY TES T THE FINAL BABY FOO D PRODUCT IN
105		-	ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION B EFORE PACKAGING
106		-	INDIVIDUAL UNITS OF BABY FOOD FOR SALE O R DISTRIBUTION.
	88	+	(II) USES AN ANALYTICAL ME THOD AT LEAST AS SEN SITIVE AS 26
	89	+	THE ANALYTICAL METHO D DESCRIBED IN SECTION 4.7 OF THE U.S. FOOD AND DRUG 27
	90	+	ADMINISTRATION ELEMENTAL ANALYSIS MANUAL FOR FOOD AND RELATED 28
	91	+	PRODUCTS; AND 29
107	92
108		-	(C) (D) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF
109		-	BABY FOOD SHALL PROV IDE THE RESULTS OF T HE TESTING CONDUCTED UNDER
110		-	SUBSECTION (B) (C) OF THIS SECTION TO A N AUTHORIZED AGENT O F THE
111		-	DEPARTMENT .
	93	+	(III) DEMONSTRATES PROFICIE NCY IN QUANTIFYING E ACH 30
	94	+	TOXIC ELEMENT TO AT LEAST 6 MICROGRAMS OF THE TO XIC ELEMENT TO KILOG RAM 31
	95	+	OF FOOD THROUGH AN I NDEPENDENT PROFICIEN CY TEST BY ACHIEVING A Z–SCORE 32 SENATE BILL 723 3
112	96
113		-	(D) (E) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY
114		-	FOOD SHALL:
115	97
116		-	(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTUR ER’S WEBSITE
117		-	FOR EACH BABY FOOD P RODUCT SOLD , MANUFACTURED , DELIVERED, HELD, OR
118		-	OFFERED FOR SALE IN THE STATE:
	98	+	THAT IS LESS THAN OR EQUAL TO PLUS OR MIN US TWO. 1
119	99
120		-	(I) ~~THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL~~
121		-	~~PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TE STING~~
122		-	~~CONDUCTED UNDER SUBS ECTION (B) (C) OF THIS SECTION; AND~~
	100	+	(5) (6) “QR CODE” MEANS A MACHINE –READABLE CODE , 2
	101	+	CONSISTING OF AN ARR AY OF SQUARES, USED FOR STORING AN INTERNET WEBSITE 3
	102	+	IN ORDER TO ACCESS A WEBPAGE. 4
123	103
124		-	(II) SUFFICIENT INFORMATIO N, SUCH AS THE PRODUCT NAME,
125		-	UNIVERSAL PRODUCT CO DE, OR LOT OR BATCH NUMB ER, TO ENABLE CONSUMERS
126		-	TO IDENTIFY THE FINA L BABY FOOD PRODUCT ; AND
	104	+	(7) “REPRESENTATIVE SAMPLE ” MEANS A SAMPLE THAT CONSISTS 5
	105	+	OF A NUMBER OF UNITS THAT ARE DRAWN BASED ON RATIONAL CRITERIA , SUCH AS 6
	106	+	RANDOM SAMPLING , AND INTENDED TO ENSU RE THAT THE SAMPLE A CCURATELY 7
	107	+	PORTRAYS THE MATERIA L BEING SAMPLED . 8
127	108
128		-	(II) (III) A LINK TO THE U.S. FOOD AND DRUG
129		-	ADMINISTRATION ’S WEBSITE THAT INCLU DES THE MOST RECENT U.S. FOOD AND
130		-	DRUG ADMINISTRATION GUIDAN CE AND INFORMATION A BOUT THE HEALTH
131		-	EFFECTS OF THE TOXIC HEAVY METALS ON CHIL DREN; AND
	109	+	(6) (8) “TOXIC HEAVY METAL” MEANS ARSENIC , CADMIUM, LEAD, 9
	110	+	OR MERCURY . 10
132	111
133		-	(2) INCLUDE IF THE BABY FOOD IS T ESTED FOR A TOXIC HE AVY
134		-	METAL SUBJECT TO AN ACTION LEVEL , REGULATORY LIMIT , OR TOLERANCE
135		-	ESTABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. §
136		-	109, INCLUDE ON THE BABY FOOD PRO DUCT LABEL:
137		-	Ch. 954 2024 LAWS OF MARYLAND
	112	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 11
	113	+	ON OR AFTER JANUARY 1, 2025, A PERSON MAY NOT SEL L, DISTRIBUTE, OR OFFER 12
	114	+	FOR SALE BABY FOOD I N THE STATE THAT CONTAINS T OXIC HEAVY METALS THAT 13
	115	+	EXCEED THE LIMITS ES TABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION . 14
138	116
139		-	– 4 –
140		-	(I) THE FOLLOWING STATEME NT: “FOR INFORMATION ABOUT
141		-	TOXIC HEAVY METAL TE STING ON THIS PRODUC T, SCAN THE QUICK RESPONSE (QR)
142		-	CODE.”; AND
	117	+	(2) A PERSON MAY SELL , DISTRIBUTE, OR OFFER FOR SALE BA BY 15
	118	+	FOOD MANUFACTURED BE FORE JANUARY 1, 2026. 16
143	119
144		-	(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT
145		-	ALLOWS CONSUMERS TO ACCESS ON THE MANUFA CTURER’S WEBSITE OR THE BAB Y
146		-	FOOD PRODUCT INFORMA TION PAGE:
	120	+	(B) (C) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF 17
	121	+	BABY FOOD SHALL TEST A REPRESENTATIVE SAMPLE OF EACH PRODUCTION 18
	122	+	AGGREGATE OF THE MANUFACTURER ’S FINAL BABY FOOD PR ODUCT FOR EACH 19
	123	+	TOXIC HEAVY METAL BEFORE PACKAGING IND IVIDUAL UNITS OF BAB Y FOOD FOR 20
	124	+	SALE OR DISTRIBUTION IN THE STATE. 21
147	125
148		-	(I) 1. THE TEST RESULTS FOR THE TOXIC HEAVY META LS;
149		-	OR AND
	126	+	(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS 22
	127	+	SUBSECTION SHALL BE CONDUCTED BY A PROFI CIENT LABORATORY AT LEAST ONCE 23
	128	+	PER MONTH. 24
150	129
151		-	(II) 2. A QR CODE OR OTHER MACHINE–READABLE CODE
152		-	THAT LINKS TO A PAGE ON T HE MANUFACTURER ’S WEBSITE CONTAINING THE TEST
153		-	RESULTS FOR THE TOXI C HEAVY METALS LINK TO THE WEBPAGE ON THE U.S. FOOD
154		-	AND DRUG ADMINISTRATION WEBSIT E THAT INCLUDES THE MOST RECENT
155		-	GUIDANCE AND INFORMA TION ABOUT THE HEALTH EFFECT S OF THE TOXIC HEAVY
156		-	METAL ON CHILDREN .
	130	+	(3) A MANUFACTURER MAY TES T THE FINAL BABY FOO D PRODUCT IN 25
	131	+	ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION B EFORE PACKAGING 26
	132	+	INDIVIDUAL UNITS OF BABY FOOD FOR SALE O R DISTRIBUTION. 27
157	133
158		-	(F) (1) IF A CONSUMER BELIEVE S, BASED ON INFORMATION GATHERED
159		-	THROUGH THE USE OF T HE CODE INCLUDED ON THE BABY FOOD PRODUC T LABEL
160		-	UNDER SUBSECTION (E)(2) OF THIS SECTION , THAT BABY FOOD IS BE ING SOLD IN
161		-	THE STATE WITH TOXIC HEAV Y METALS THAT EXCEED LIMITS ESTABLISHED B Y THE
162		-	U.S. FOOD AND DRUG ADMINISTRATION , THE CONSUMER SHALL R EPORT THE BABY
163		-	FOOD TO THE DEPARTMENT .
	134	+	(C) (D) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF 28
	135	+	BABY FOOD SHALL PROV IDE THE RESULTS OF T HE TESTING CONDUCTED UNDER 29
	136	+	SUBSECTION (B) (C) OF THIS SECTIO N TO AN AUTHORIZED A GENT OF THE 30
	137	+	DEPARTMENT . 31
164	138
165		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
166		-	October 1, 2024.
	139	+	(D) (E) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY 32
	140	+	FOOD SHALL: 33
	141	+	4 SENATE BILL 723
167	142
168		-	Approved by the Governor, May 16, 2024.
	143	+
	144	+	(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTUR ER’S WEBSITE 1
	145	+	FOR EACH BABY FOOD P RODUCT SOLD , MANUFACTURED , DELIVERED, HELD, OR 2
	146	+	OFFERED FOR SALE IN THE STATE: 3
	147	+
	148	+	(I) THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL 4
	149	+	PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TE STING 5
	150	+	CONDUCTED UNDER SUBS ECTION (B) (C) OF THIS SECTION; AND 6
	151	+
	152	+	(II) SUFFICIENT INFORMATIO N, SUCH AS THE PRODUCT NAME, 7
	153	+	UNIVERSAL PRODUCT CO DE, OR LOT OR BATCH NUMB ER, TO ENABLE CONSUMERS 8
	154	+	TO IDENTIFY THE FINA L BABY FOOD PRODUCT ; AND 9
	155	+
	156	+	(II) (III) A LINK TO THE U.S. FOOD AND DRUG 10
	157	+	ADMINISTRATION ’S WEBSITE THAT INCLU DES THE MOST RECENT U.S. FOOD AND 11
	158	+	DRUG ADMINISTRATION GU IDANCE AND INFORMATI ON ABOUT THE HEALTH 12
	159	+	EFFECTS OF THE TOXIC HEAVY METALS ON CHIL DREN; AND 13
	160	+
	161	+	(2) INCLUDE IF THE BABY FOOD IS T ESTED FOR A TOXIC HE AVY 14
	162	+	METAL SUBJECT TO AN ACTION LEVEL , REGULATORY LIMIT , OR TOLERANCE 15
	163	+	ESTABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. § 16
	164	+	109, INCLUDE ON THE BABY FOOD PRO DUCT LABEL: 17
	165	+
	166	+	(I) THE FOLLOWING STATEME NT: “FOR INFORMATION ABOUT 18
	167	+	TOXIC HEAVY METAL TE STING ON THIS PRODUC T, SCAN THE QUICK RESPONSE (QR) 19
	168	+	CODE.”; AND 20
	169	+
	170	+	(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT 21
	171	+	ALLOWS CONSUMERS TO ACCESS ON THE MANUFA CTURER’S WEBSITE OR THE BAB Y 22
	172	+	FOOD PRODUCT INFORMA TION PAGE: 23
	173	+
	174	+	(I) 1. THE TEST RESULTS FOR THE TOXIC HEAVY META LS; 24
	175	+	OR AND 25
	176	+
	177	+	(II) 2. A QR CODE OR OTHER MACHIN E–READABLE CODE 26
	178	+	THAT LINKS TO A PAGE ON THE MANUFACTURER ’S WEBSITE CONTAINING THE TEST 27
	179	+	RESULTS FOR THE TOXI C HEAVY METALS LINK TO THE WEBPAGE ON THE U.S. FOOD 28
	180	+	AND DRUG ADMINISTRATION WEBSIT E THAT INCLUDES THE MOST RECENT 29
	181	+	GUIDANCE AND INFORMA TION ABOUT THE HEALT H EFFECTS OF THE TOX IC HEAVY 30
	182	+	METAL ON CHILDREN. 31
	183	+
	184	+	(F) (1) IF A CONSUMER BELIEVE S, BASED ON INFORMATION GATHERED 32
	185	+	THROUGH THE USE OF T HE CODE INCLUDED ON THE BABY FOOD PRODUC T LABEL 33
	186	+	UNDER SUBSECTION (E)(2) OF THIS SECTION , THAT BABY FOOD IS BE ING SOLD IN 34
	187	+	THE STATE WITH TOXIC HEAV Y METALS THAT EXCEED LIMITS ESTABL ISHED BY THE 35 SENATE BILL 723 5
	188	+
	189	+
	190	+	U.S. FOOD AND DRUG ADMINISTRATION , THE CONSUMER SHALL R EPORT THE BABY 1
	191	+	FOOD TO THE DEPARTMENT . 2
	192	+
	193	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
	194	+	October 1, 2024. 4
	195	+
	196	+
	197	+
	198	+	Approved:
	199	+	________________________________________________________________________________
	200	+	Governor.
	201	+	________________________________________________________________________________
	202	+	President of the Senate.
	203	+	________________________________________________________________________________
	204	+	Speaker of the House of Delegates.