Existing law, the Sherman Food, Drug, and Cosmetic Law provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor.
Existing law requires a manufacturer of baby food for sale or distribution in this state to test a representative sample of each production aggregate of the manufacturer's final baby food product for toxic elements, as specified. Existing law requires a manufacturer to provide test results to any authorized agent of the department upon their request, as specified. Existing law requires a manufacturer of a final baby food product sold, manufactured, delivered, held, or offered for sale in the state to provide specified information disclosures to consumers, including making publicly available on its internet website the name and level of each toxic element present in each production aggregate of the final baby food product. Existing law also prohibits a person or entity from selling in the state or manufacturing, delivering, holding, or offering for sale in the state any baby food that does not comply with these provisions.
This bill would require a manufacturer of bulk prenatal multivitamin products or packaged prenatal multivitamin products, as defined, that are sold, manufactured, delivered, held, or offered for sale in this state to test a representative sample of each lot of the manufacturer's bulk prenatal multivitamin product or packaged prenatal multivitamin product for toxic elements, as specified. The bill would require both a manufacturer and brand owner to provide test results to any authorized agent of the department upon their request, as specified. The bill would, commencing January 1, 2027, require a brand owner of packaged prenatal multivitamin products that are sold, manufactured, delivered, held, or offered for sale in the state, as specified, to disclose specified product information to the public, including, among other things, the toxic element testing information. The bill would prohibit a person from selling in the state or manufacturing, delivering, holding, or offering for sale in the state any prenatal multivitamin that does not comply with these provisions. By creating a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.