SB0073 104TH GENERAL ASSEMBLY

LRB104 02950 RPS 12966 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0073

Introduced 1/13/2025, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

410 ILCS 620/11.7 new

Amends the Illinois Food, Drug and Cosmetic Act. Provides that on and after January 1, 2026, a person may not sell, distribute, or offer for sale baby food in the State that contains toxic heavy metals that exceed the limits established by the U.S. Food and Drug Administration. Defines "toxic heavy metal" as arsenic, cadmium, lead, or mercury and defines other terms. Provides that beginning January 1, 2026, each manufacturer of baby food shall test a representative sample of each production aggregate of the manufacturer's final baby food product for each toxic heavy metal. Requires monthly testing. Beginning January 1, 2027, requires each manufacturer of baby food to make certain information publicly available. Provides that if a consumer believes, based on information gathered through the use of the code included on the baby food product label, that baby food is being sold in the State with toxic heavy metals that exceed limits established by the U.S. Food and Drug Administration, the consumer may report that baby food to the Department of Public Health.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is amended by adding Section 11.7 as follows:

(410 ILCS 620/11.7 new)

Sec. 11.7. Baby foods; toxic heavy metals.

(a) In this Section:

"Baby food" means food packaged in a jar, pouch, tub, or box sold specifically for babies and children under the age of 2 years old.

"Baby food" does not include infant formula as defined in Section 2.28.

"Manufacturer" includes a food manufacturer, food processor, and food packer.

"Production aggregate" means a quantity of product that is intended to have uniform composition, character, and quality and is produced according to a master manufacturing order.

"Proficient laboratory" means a laboratory that:

(1) is accredited under the standards of the International Organization for Standardization/International Electrotechnical Commission 17025:2017;

(2) uses an analytical method at least as sensitive as the analytical method described in Section 4.7 of the U.S. Food and Drug Administration Elemental Analysis Manual for Food and Related Products; and

(3) demonstrates proficiency in quantifying each toxic heavy metal to at least 6 micrograms of the toxic heavy metal to kilogram of food through an independent proficiency test by achieving a Z-Score that is less than or equal to plus or minus 2.

"QR code" means a machine-readable code, consisting of an array of squares, used for storing data that allows a user to access a webpage.

"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 sample accurately portrays the material being sampled.

"Toxic heavy metal" means arsenic, cadmium, lead, or mercury.

(b) On and after January 1, 2026, a person may not sell, distribute, or offer for sale baby food in the State that contains toxic heavy metals that exceed the limits established by the U.S. Food and Drug Administration.

(c) Beginning January 1, 2026, each manufacturer of baby food shall test a representative sample of each production aggregate of the manufacturer's final baby food product for each toxic heavy metal.

The testing required under this subsection shall be conducted by a proficient laboratory at least once per month.

A manufacturer may test the final baby food product in accordance with this subsection before packaging individual units of baby food for sale or distribution.

(d) On the request of the Department of Public Health, a manufacturer of baby food shall provide the results of the testing conducted under subsection (c) to an authorized agent of the Department of Public Health.

(e) Beginning January 1, 2027, each manufacturer of baby food shall:

(1) make the following information publicly available on the manufacturer's website for each baby food product sold, manufactured, delivered, held, or offered for sale in the State:

(A) 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);

(B) sufficient information, such as the product name, universal product code, or lot or batch number, to enable the consumer to identify the final baby food products; and

(C) a link to the U.S. Food and Drug Administration's website that includes the most recent U.S. Food and Drug Administration guidance and information about the health effects of the toxic heavy metals on children; and

(2) if the baby food is tested for a toxic heavy metal subject to an action level, regulatory limit, or tolerance established by the U.S. Food and Drug Administration under 21 CFR 109, include on the baby food product label:

(A) the following statement, "For information about the toxic heavy metal testing on this product, scan the Quick Response (QR) Code"; and

(B) a QR code or other machine-readable code that allows consumers to access the following information on the manufacturer's website on the baby food product's information page:

(i) the test results for the toxic heavy metals; and

(ii) a link to the webpage on the U.S. Food and Drug Administration website that includes the most recent guidance and information about the health effects of the toxic heavy metal on children.

(f) If a consumer believes, based on information gathered through the use of the QR code or other machine-readable code included on the baby food product label, that baby food is being sold in the State with toxic heavy metals that exceed limits established by the U.S. Food and Drug Administration, the consumer may report that baby food to the Department of Public Health. The Department of Public Health shall adopt rules to implement a system for consumer reporting of baby foods under this subsection.