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.
*hb0443*
HOUSE BILL 443
J1 5lr1402
By: Delegates Taveras, Lehman, Pena –Melnyk, Roberson, and Williams
Introduced and read first time: January 16, 2025
Assigned to: Health and Government Operations
Committee Report: Favorable
House action: Adopted
Read second time: February 18, 2025
CHAPTER ______
AN ACT concerning 1
Baby Food Labeling – Statement Regarding Toxic Heavy Metal Testing – 2
Terminology 3
FOR the purpose of altering the statement that must be included on a baby food product 4
label if the baby food product has been tested for toxic heavy metals for the purpose 5
of changing the term included on the label from “toxic heavy metal” to “toxic 6
element”; and generally relating to the labeling of baby food. 7
BY repealing and reenacting, with amendments, 8
Article – Health – General 9
Section 21–330.4 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Health – General 15
21–330.4. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) (i) “Baby food” means food packaged in a jar, pouch, tub, or box sold 18
specifically for babies and children under the age of 2 years. 19 2 HOUSE BILL 443
(ii) “Baby food” does not include infant formula, as defined in 21 1
U.S.C. § 321(z). 2
(3) “Manufacturer” includes a food manufacturer, food processor, and food 3
packer. 4
(4) “Production aggregate” means a quantity of product that is intended to 5
have uniform composition, character, and quality and is produced according to a master 6
manufacturing order. 7
(5) “Proficient laboratory” means a laboratory that: 8
(i) Is accredited under the standards of the International 9
Organization for Standardization/International Electrotechnical Commission 17025:2017; 10
(ii) Uses an analytical method at least as sensitive as the analytical 11
method described in Section 4.7 of the U.S. Food and Drug Administration Elemental 12
Analysis Manual for Food and Related Products; and 13
(iii) Demonstrates proficiency in quantifying each toxic element to at 14
least 6 micrograms of the toxic element to kilogram of food through an independent 15
proficiency test by achieving a z–score that is less than or equal to plus or minus two. 16
(6) “QR code” means a machine–readable code, consisting of an array of 17
squares, used for storing an Internet website in order to access a webpage. 18
(7) “Representative sample” means a sample that consists of a number of 19
units that are drawn based on rational criteria, such as random sampling, and intended to 20
ensure that the sample accurately portrays the material being sampled. 21
(8) “Toxic heavy metal” means arsenic, cadmium, lead, or mercury. 22
(b) (1) Except as provided in paragraph (2) of this subsection, on or after 23
January 1, 2025, a person may not sell, distribute, or offer for sale baby food in the State 24
that contains toxic heavy metals that exceed the limits established by the U.S. Food and 25
Drug Administration. 26
(2) A person may sell, distribute, or offer for sale baby food manufactured 27
before January 1, 2026. 28
(c) (1) Beginning January 1, 2025, each manufacturer of baby food shall test 29
a representative sample of each production aggregate of the manufacturer’s final baby food 30
product for each toxic heavy metal. 31
(2) The testing required under paragraph (1) of this subsection shall be 32
conducted by a proficient laboratory at least once per month. 33 HOUSE BILL 443 3
(3) A manufacturer may test the final baby food product in accordance with 1
paragraph (1) of this subsection before packaging individual units of baby food for sale or 2
distribution. 3
(d) On the request of the Department, a manufacturer of baby food shall provide 4
the results of the testing conducted under subsection (c) of this section to an authorized 5
agent of the Department. 6
(e) Beginning January 1, 2026, each manufacturer of baby food shall: 7
(1) Make publicly available on the manufacturer’s website for each baby 8
food product sold, manufactured, delivered, held, or offered for sale in the State: 9
(i) The name and level of each toxic heavy metal present in the final 10
baby food product as determined by the testing conducted under subsection (c) of this 11
section; 12
(ii) Sufficient information, such as the product name, universal 13
product code, or lot or batch number, to enable consumers to identify the final baby food 14
product; and 15
(iii) A link to the U.S. Food and Drug Administration’s website that 16
includes the most recent U.S. Food and Drug Administration guidance and information 17
about the health effects of the toxic heavy metals on children; and 18
(2) If the baby food is tested for a toxic heavy metal subject to an action 19
level, regulatory limit, or tolerance established by the U.S. Food and Drug Administration 20
under 21 C.F.R. § 109, include on the baby food product label: 21
(i) The following statement: “For information about toxic [heavy 22
metal] ELEMENT testing on this product, scan the [Quick Response (QR)] QR code.”; and 23
(ii) A QR code or other machine –readable code that allows 24
consumers to access on the manufacturer’s website or the baby food product information 25
page: 26
1. The test results for the toxic heavy metals; and 27
2. A link to the webpage on the U.S. Food and Drug 28
Administration website that includes the most recent guidance and information about the 29
health effects of the toxic heavy metal on children. 30
(f) If a consumer believes, based on information gathered through the use of the 31
code included on the baby food product label under subsection (e)(2) of this section, that 32
baby food is being sold in the State with toxic heavy metals that exceed limits established 33 4 HOUSE BILL 443
by the U.S. Food and Drug Administration, the consumer shall report the baby food to the 1
Department. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.