HOUSE BILL NO. 4865

A bill to amend 2000 PA 92, entitled

"Food law,"

(MCL 289.1101 to 289.8111) by adding section 7130.

the people of the state of michigan enact:

Sec. 7130. (1) Baby food that is sold or offered for sale in this state must meet the standards, action levels, regulatory limits, or tolerances for toxic elements.

(2) Beginning on January 1, 2026, a food processor that manufactures baby food that will be sold, offered for sale, or distributed in this state shall test a representative sample of each lot of baby food product for toxic elements at a proficient laboratory. When conducting a test under this subsection, the proficient laboratory shall quantify each toxic element to at least 6 micrograms of the toxic element per kilogram of food. A proficient laboratory shall provide the food processor that manufactured the baby food with the results of each test performed under this subsection. The food processor that manufactured the baby food shall make the results available to the department on request.

(3) If a lot of baby food product tested under subsection (2) includes a baby food product that was manufactured over a period of more than 30 days, the representative sample must include a baby food product that was manufactured in each 30-day period.

(4) A food processor that manufactures baby food may test either bulk or packaged baby food products.

(5) If a baby food product exceeds the standards, action levels, regulatory limits, or tolerances under subsection (1), the food processor that manufactured the baby food shall either dispose of the baby food product or divert the baby food product for use in animal feed. If the baby food product has already been sold when the test results under subsection (2) are made known to the food processor that manufactured the baby food and the baby food product is found to exceed the standards, action levels, regulatory limits, or tolerances under subsection (1), the food processor that manufactured the baby food shall issue a recall for the baby food product.

(6) Beginning on January 1, 2027, a food processor that manufactures baby food shall create a webpage for each baby food product that is sold, offered for sale, and distributed by the food processor and that was subject to testing under subsection (2). The webpage must contain the following information:

(a) A link to a webpage that provides the test results under subsection (2).

(b) A prominent statement that immediately precedes the link under subdivision (a) that states, "For information about toxic element testing on this product.".

(7) The linked webpage described under subsection (6)(a) must make the test results under subsection (2) available to users without the need to provide a universal product code, lot number, or proof of purchase and must provide the following information:

(a) The name of each baby food product, the universal product code, if any, and the lot or batch number.

(b) The name and level of each toxic element present. This information must remain available on the food processor's webpage described under subsection (6) for the entire shelf life of the baby food product plus 1 month.

(c) A link to the United States Food and Drug Administration's website that provides the most recent guidance and information regarding the health effects of the toxic elements on fetuses, infants, children, and individuals who are pregnant, planning to become pregnant, or breastfeeding.

(8) Beginning January 1, 2027, and in addition to any other labeling requirement, a food processor that manufactures baby food shall include on the label of each baby food product sold, offered for sale, or distributed in this state both of the following:

(a) A QR code or other machine-readable code that links to the food processor's webpage described under subsection (6).

(b) A statement that reads "For information about toxic element testing on this product, scan the QR code.".

(9) As used in this section:

(a) "Baby food" means food packaged in jars, pouches, tubes, or boxes that is represented or purported to be specifically for babies and young children who are less than 2 years of age. Baby food does not include infant formula as that term is defined in section 201 of the federal act, 21 USC 321.

(b) "Proficient laboratory" means a laboratory that meets the following requirements:

(i) Is accredited under the standards of the International Organization for Standardization and the International Electrotechnical Commission.

(ii) Uses an analytical method that is at least as sensitive as the analytical method described in section 4.7 of the document titled "Elemental Analysis Manual (EAM) for Food and Related Products" published by the United States Food and Drug Administration.

(iii) Demonstrates proficiency in quantifying each toxic element to not less than 6 micrograms of the toxic element per kilogram of food through an independent proficiency test by achieving a z?score that is less than or equal to plus or minus 2.

(c) "Representative sample" means a sample that consists of a number of units that are drawn based on rational criteria, such as random sampling, and are intended to ensure that the sample accurately portrays the material being sampled.

(d) "Toxic elements" includes, but is not limited to, arsenic, cadmium, lead, and mercury.