WES MOORE, Governor Ch. 954
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Chapter 954
(Senate Bill 723)
AN ACT concerning
Baby Food – Toxic Heavy Metals – Testing and Labeling
(Rudy’s Law)
FOR the purpose of requiring, beginning on a certain date, manufacturers of baby food to
conduct certain testing on baby food for toxic heavy metals before packaging
individual units of baby food for sale or distribution in the State; requiring, beginning
on a certain date, manufacturers of baby food to include certain information related
to toxic heavy metals on the manufacturer’s website and on the baby food product
label; requiring a consumer to report baby food to the Maryland Department of
Health if the consumer believes, based on certain information, that the baby food is
being sold in the State with toxic heavy metals that exceed limits established by the
U.S. Food and Drug Administration; and generally relating to baby food and toxic
heavy metals.
BY adding to
Article – Health – General
Section 21–330.4
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
21–330.4.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) (I) “BABY FOOD” MEANS FOOD PACKAGED IN A JAR, POUCH,
TUB, OR BOX SOLD SPECIFIC ALLY FOR BABIES AND CHILDREN UNDER THE A GE OF 2
YEARS.
(II) “BABY FOOD” DOES NOT I NCLUDE INFANT FORMUL A, AS
DEFINED IN 21 U.S.C. § 321(Z).
(3) “MANUFACTURER ” INCLUDES A FOOD MANU FACTURER, FOOD
PROCESSOR, AND FOOD PACKER .
Ch. 954 2024 LAWS OF MARYLAND
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(4) “PRODUCTION AGGREGATE ” MEANS A QUANTITY OF PRODUCT
THAT IS INTENDED TO HAVE UNIFORM COMPOSI TION, CHARACTER , AND QUALITY
AND IS PRODUCED ACCO RDING TO A MASTER MA NUFACTURING ORDER .
(4) (5) “PROFICIENT LABORATORY ” MEANS A LABORATORY THAT:
(I) IS ACCREDITED UNDER THE STANDARDS OF THE
INTERNATIONAL ORGANIZATION FOR STANDARDIZATION
STANDARDIZATION /INTERNATIONAL ELECTROTECHNICAL COMMISSION
17025:2017;
(II) USES AN ANALYTICAL ME THOD AT LEAST AS SEN SITIVE AS
THE ANALYTICAL METHO D DESCRIBED IN SECTION 4.7 OF THE U.S. FOOD AND DRUG
ADMINISTRATION ELEMENTAL ANALYSIS MANUAL FOR FOOD AND RELATED
PRODUCTS; AND
(III) DEMONSTRATES PROFICIE NCY IN QUANTIFYING E ACH
TOXIC ELEMENT TO AT LEAST 6 MICROGRAMS OF THE TO XIC ELEMENT TO KILOG RAM
OF FOOD THROUGH AN I NDEPENDENT PROFICIEN CY TEST BY ACHIEVING A Z–SCORE
THAT IS LESS THAN OR EQUAL TO PLUS OR MIN US TWO.
(5) (6) “QR CODE” MEANS A MACHINE –READABLE CODE ,
CONSISTING OF AN ARRAY OF SQUAR ES, USED FOR STORING AN INTERNET WEBSITE
IN ORDER TO ACCESS A WEBPAGE.
(7) “REPRESENTATIVE SAMPLE ” MEANS A SAMPLE THAT CONSISTS
OF A NUMBER OF UNITS THAT ARE DRAWN BASED ON RATIONAL CRITERIA , SUCH AS
RANDOM SAMPLING , AND INTENDED TO ENSURE THAT THE SAMP LE ACCURATELY
PORTRAYS THE MATERIA L BEING SAMPLED .
(6) (8) “TOXIC HEAVY METAL ” MEANS ARSENIC , CADMIUM, LEAD,
OR MERCURY .
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
ON OR AFTER JANUARY 1, 2025, A PERSON MAY NOT SELL, DISTRIBUTE, OR OFFER
FOR SALE BABY FOOD I N THE STATE THAT CONTAINS T OXIC HEAVY METALS TH AT
EXCEED THE LIMITS ES TABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION .
(2) A PERSON MAY SELL , DISTRIBUTE, OR OFFER FOR SALE BA BY
FOOD MANUFACTURED BE FORE JANUARY 1, 2026.
(B) (C) (1) BEGINNING JANUARY 1, 2025, EACH MANUFACTURER OF
BABY FOOD SHALL TEST A REPRESENTATIVE SAMPLE OF EACH PRODUCTION WES MOORE, Governor Ch. 954
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AGGREGATE OF THE MANUFACTURER ’S FINAL BABY FOOD PR ODUCT FOR EACH
TOXIC HEAVY METAL BEFORE PACKAGING IND IVIDUAL UNITS OF BABY FOOD FOR
SALE OR DISTRIBUTION IN THE STATE.
(2) THE TESTING REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE CONDUCTED BY A PROFI CIENT LABORATORY AT LEAST ONCE
PER MONTH.
(3) A MANUFACTURER MAY TES T THE FINAL BABY FOO D PRODUCT IN
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION B EFORE PACKAGING
INDIVIDUAL UNITS OF BABY FOOD FOR SALE O R DISTRIBUTION.
(C) (D) ON THE REQUEST OF THE DEPARTMENT , A MANUFACTURER OF
BABY FOOD SHALL PROV IDE THE RESULTS OF T HE TESTING CONDUCTED UNDER
SUBSECTION (B) (C) OF THIS SECTION TO A N AUTHORIZED AGENT O F THE
DEPARTMENT .
(D) (E) BEGINNING JANUARY 1, 2026, EACH MANUFACTURER OF BABY
FOOD SHALL:
(1) MAKE PUBLICLY AVAILAB LE ON THE MANUFACTUR ER’S WEBSITE
FOR EACH BABY FOOD P RODUCT SOLD , MANUFACTURED , DELIVERED, HELD, OR
OFFERED FOR SALE IN THE STATE:
(I) THE NAME AND LEVEL OF EACH TOXIC HEAVY MET AL
PRESENT IN THE FINAL BABY FOOD PRODUCT AS DETERMINED BY THE TE STING
CONDUCTED UNDER SUBS ECTION (B) (C) OF THIS SECTION; AND
(II) SUFFICIENT INFORMATIO N, SUCH AS THE PRODUCT NAME,
UNIVERSAL PRODUCT CO DE, OR LOT OR BATCH NUMB ER, TO ENABLE CONSUMERS
TO IDENTIFY THE FINA L BABY FOOD PRODUCT ; AND
(II) (III) A LINK TO THE U.S. FOOD AND DRUG
ADMINISTRATION ’S WEBSITE THAT INCLU DES THE MOST RECENT U.S. FOOD AND
DRUG ADMINISTRATION GUIDAN CE AND INFORMATION A BOUT THE HEALTH
EFFECTS OF THE TOXIC HEAVY METALS ON CHIL DREN; AND
(2) INCLUDE IF THE BABY FOOD IS T ESTED FOR A TOXIC HE AVY
METAL SUBJECT TO AN ACTION LEVEL , REGULATORY LIMIT , OR TOLERANCE
ESTABLISHED BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. §
109, INCLUDE ON THE BABY FOOD PRO DUCT LABEL:
Ch. 954 2024 LAWS OF MARYLAND
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(I) THE FOLLOWING STATEME NT: “FOR INFORMATION ABOUT
TOXIC HEAVY METAL TE STING ON THIS PRODUC T, SCAN THE QUICK RESPONSE (QR)
CODE.”; AND
(II) A QR CODE OR OTHER MACHIN E–READABLE CODE THAT
ALLOWS CONSUMERS TO ACCESS ON THE MANUFA CTURER’S WEBSITE OR THE BAB Y
FOOD PRODUCT INFORMA TION PAGE:
(I) 1. THE TEST RESULTS FOR THE TOXIC HEAVY META LS;
OR AND
(II) 2. A QR CODE OR OTHER MACHINE–READABLE CODE
THAT LINKS TO A PAGE ON T HE MANUFACTURER ’S WEBSITE CONTAINING THE TEST
RESULTS FOR THE TOXI C HEAVY METALS LINK TO THE WEBPAGE ON THE U.S. FOOD
AND DRUG ADMINISTRATION WEBSIT E THAT INCLUDES THE MOST RECENT
GUIDANCE AND INFORMA TION ABOUT THE HEALTH EFFECT S OF THE TOXIC HEAVY
METAL ON CHILDREN .
(F) (1) IF A CONSUMER BELIEVE S, BASED ON INFORMATION GATHERED
THROUGH THE USE OF T HE CODE INCLUDED ON THE BABY FOOD PRODUC T LABEL
UNDER SUBSECTION (E)(2) OF THIS SECTION , THAT BABY FOOD IS BE ING SOLD IN
THE STATE WITH TOXIC HEAV Y METALS THAT EXCEED LIMITS ESTABLISHED B Y THE
U.S. FOOD AND DRUG ADMINISTRATION , THE CONSUMER SHALL R EPORT THE BABY
FOOD TO THE DEPARTMENT .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.