California Passes Baby Food Heavy Metal Testing Law

On October 10, 2023, Governor Newsom signed AB-899 Food safety: baby food into law. The bill requires manufacturers to test for the presence of arsenic, cadmium, lead, and mercury in finished baby food products. The law also requires test results to be publicly available on the manufacturer’s website and additional labeling on the product, when appropriate.

Beginning January 1, 2024, the manufacturer shall test a representative sample of each “production aggregate” of the final baby food product for the “toxic elements” identified in the law (arsenic, cadmium, lead, and mercury). Additionally, each final baby food product shall be tested at least once a month and the test results shall be available upon request.

Final baby food products sold, manufactured, delivered, held, or offered for sale in California on and after January 1, 2025 shall also meet the following requirements:

The manufacturer’s internet website shall list the name and level of each toxic element present in each production aggregate of a final baby food product.
- The information shall remain on the website for the duration of the product shelf life plus one month.
- The website shall include descriptive information so consumers may accurately identify the final baby food product. This may include, but not be limited to, the product name, UPC, size, lot number, or batch number.
If the product is tested for a toxic element subject to a US Food and Drug Administration (FDA) action level, regulatory limit, or tolerance, the product label shall include the following:
- A QR code or other machine-readable code that links to the manufacturer’s website with the following information:
  - Test results for the toxic element
  - A website link to a FDA website where consumers can find the most recent FDA guidance and information on the health effects of the toxic element in children
- A statement that reads, “For information about toxic element testing on this product, scan the QR code.”

The law defines baby food as, “food packaged in jars, pouches, tubs, and boxes represented or purported to be specifically for babies and young children less than two years of age. “Baby food” does not include infant formula.”

Link: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB899

How Does this Impact You? Contact Us to Discuss
If you have any questions, please contact your customer service representative or email: info@us.bureauveritas.com
23B-091

Download California Regulatory Update

DOWNLOAD

Get in touchwith us

First name

Last name

Email

Phone (e.g. +1 415-555-1234)

Company

Country / Territory

How can we help you?

Would you like to receive marketing communication from Bureau Veritas?

Yes

No

INFORMATION NOTICE TO DATA SUBJECTS
Your personal data are collected by Bureau Veritas Consumer Products Services Division (“BVCPS”), through its entity Bureau Veritas Hong Kong Limited (having its registered office at 1/F, Pacific Trade Centre, 2 Kai Hing Road, Kowloon Bay, Kowloon, Hong Kong), as well as the BVCPS affiliate(s) with which you had, have or will have a business relationship or that otherwise decide(s) which of your personal data is collected and how it is used.  A list of BVCPS affiliates is available at: BVCPS Locations (https://www.cps.bureauveritas.com/sites/g/files/zypfnx236/files/media/document/BVCPS%20Locations_20210611_for%20web.pdf)
Your personal data are subject to computer processing in order to respond to your requests and to provide you with additional information about BVCPS services, events or topics that may be of interest to you on the basis of your consent to the processing of your personal data for that purpose (by checking the box below).
Your personal data are intended for use by the relevant business departments of BVCPS and/or their service providers depending on the nature of your requests, as well as by BVCPS IT department.    Your personal data will be retained until the earlier of (a) one year after the last communication, or (b) your request to delete the personal data. 
Your personal data may be transferred outside the European Union, on the basis of your explicit consent, as the data subject, to the proposed transfer. By checking the box below, you are providing your explicit consent to the proposed transfer, with your acknowledgement of the possible risks of such transfer due to the absence of an adequacy decision pursuant to Article 45 of the General Data Protection Regulation of 27 April 2016 or of appropriate safeguards pursuant to Article 46 of the General Data Protection Regulation of 27 April 2016.
In accordance with the French Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation of 27 April 2016, you may have the right to access, rectify and erase any personal data concerning you, as well as the right to limit the processing, the right to oppose to the processing or the right to portability of your personal data. You have the right to withdraw your consent at any time by connecting to the site or application (https://personaldataprotection.bureauveritas.com). and unchecking the box dedicated to the collection of your consent. You also have the right to set out general and specific guidelines that define how you intend these rights to be exercised after your death. You can exercise your rights by e-mail at the following address: https://personaldataprotection.bureauveritas.com. Finally, you have a right to lodge a complaint to the Commission Nationale Informatique et Libertés (CNIL) or the relevant authorities in your country.
Fields marked with an asterisk must be filled in. Otherwise, BVCPS would not be able to respond to your requests and/or provide you with additional information.