                                 CODE OF VIRGINIA

(EFFECTIVE JANUARY 1, 2026) BABY FOOD PROTECTION ACT; TESTING AND LABELING
REQUIREMENTS FOR TOXIC HEAVY METALS (§ 3.2-5125.1)

A. As used in this section:
			&#8220;Baby food product&#8221; means any food manufactured, packaged, and
labeled in a jar, pouch, tub, or box sold specifically for babies and children
younger than two years of age. &#8220;Baby food product&#8221; does not include
infant formula, as defined in &#xA7; 54.1-4300.			&#8220;FDA&#8221; means the
U.S. Food and Drug Administration.			&#8220;Production aggregate&#8221; means a
quantity of product that is intended to have uniform composition, character, and
quality and is produced according to a master manufacturing
order.			&#8220;Proficient laboratory&#8221; means a laboratory that (i) is
accredited under the standards of the International Organization for
Standardization or the International Electrotechnical Commission pursuant to
standard ISO/IEC 17025:2017, (ii) uses an analytical method as sensitive as the
analytical method described in the FDA&#8217;s Elemental Analysis Manual for
Food and Related Products, and (iii) demonstrates proficiency in quantifying
each toxic element to at least six micrograms of the toxic element to kilogram
of food through an independent proficiency test by achieving a z-score that is
less than or equal to plus or minus two.			&#8220;QR code&#8221; means a
two-dimension matrix barcode consisting of blocks arranged in a grid that can be
read by an imaging device.			&#8220;Representative sample&#8221; means a sample
that consists of a number of units that are drawn based on rational criteria,
including random sampling, and intended to ensure that the sample accurately
portrays the material being sampled.			&#8220;Toxic heavy metal&#8221; means
arsenic, cadmium, lead, and mercury.			&#8220;URL&#8221; means uniform resource
locater.

B. No person shall sell, distribute, or offer for sale any baby food that
contains a toxic heavy metal that exceeds the limits established by the FDA. The
provisions of this subsection shall not restrict the continued sale of such baby
food product by a retailer of any existing inventory in stock before January 1,
2026.

C. A manufacturer of baby food shall test a representative sample of each
production aggregate of the manufacturer&#8217;s final baby food product for a
toxic heavy metal. Testing of a baby food product shall be conducted by a
proficient laboratory at least once a month. Such manufacturer may test the
final baby food product before packaging individual units of baby food for sale
or distribution. Upon request of the Commissioner, a manufacturer shall provide
the results of the test conducted pursuant to this subsection.

D. A manufacturer shall make publicly available on its website for the duration
of the product shelf life of a final baby food product, plus one month, for each
baby food product sold, manufactured, delivered, held, or offered for sale in
the Commonwealth:

   1. The name and level of each toxic heavy metal present in the final baby food
   product as determined by the testing conducted under subsection C;

   2. Sufficient information, including the product name, universal product code,
   or lot or batch number, to enable consumers to identify the final baby food
   product; and

   3. A link to the FDA&#8217;s website that provides the most recent FDA
   guidance and information about the health effects of toxic heavy metals on
   children.

E. If the baby food product is tested for a toxic heavy metal subject to an
action level, regulatory limit, or tolerance established by the FDA under 21
C.F.R. § 109, the manufacturer shall display on the baby food product:

   1. A label that states in a clear, legible, and conspicuous form, the
   following:
   				&#8220;For Information About Toxic Element Testing On This Product, Scan
   the QR Code.&#8221;; and

   2. A QR code or other machine-readable code that directs the consumers to the
   manufacturer&#8217;s website or the baby food product information page
   providing (i) the test results for the toxic heavy metal and (ii) a URL to the
   webpage on the FDA&#8217;s website that includes the most recent guidance and
   information about the health effects of toxic heavy metals on children.

F. If a consumer reasonably believes based on the information provided on the
baby food product that such baby food product is being sold in the Commonwealth
in violation of this section, the consumer shall report such baby food product
to the Commissioner.

HISTORY: 2025, c. 693.