BILL NUMBER: S8701
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to requir-
ing the testing of baby food for toxic heavy metals and the disclosure
of such test results
 
PURPOSE:
To protect infants and young children from exposure to toxic heavy
metals in baby food by requiring regular testing, public disclosure of
results, and consumer reporting mechanisms.
 
SUMMARY OF PROVISIONS:
Section 1. Establishes the bill title, "Baby Food Safety and Transparen-
cy Act."
Section 2. Legislative findings and intent. Recognizes the risks posed
by toxic heavy metals to children's health, the insufficiency of federal
protections, and the legislature's intent to establish enforceable test-
ing, disclosure, and reporting requirements.
Section 3. Adds a new § 214-p to the Agriculture and Markets Law:
Subdivision 1 - Definitions: Defines "baby food," "manufacturer,"
"production aggregate," "proficient laboratory," "representative
sample," "toxic heavy metal," and "QR code."
Subdivision 2 - Prohibition on sale: Prohibits the sale of baby food in
New York containing levels of toxic heavy metals above limits set by the
Department of Agriculture and Markets in collaboration with the Depart-
ment of Health.
Subdivision 3 - Testing requirements: Requires manufacturers to test
representative samples of each production aggregate at least once per
month in an accredited laboratory.
Subdivision 4 - Public disclosure: Requires manufacturers to publish
testing results on a publicly accessible website with product identifi-
ers and a link to FDA guidance.
Subdivision 5 - Label requirements: Mandates that product labels include
a QR code directing consumers to test results and FDA guidance.
Subdivision 6 - Rulemaking: Authorizes the Commissioner of Agriculture
and Markets, in;ò consultation with the Commissioner of Health, to adopt
rules for sampling, laboratory proficiency, disclosures, recordkeeping,
and consumer reporting, within 180 days of enactment.
Subdivision 7 - Consumer Reporting: Establishes a process for consumers
to report suspected violations, with authority for the Department to
share reports with regulators.
Subdivision 8 - Enforcement: Subjects violations to existing penalties
and remedies under the Agriculture and Markets Law.
Subdivision 9 - Construction: Clarifies that these requirements supple-
ment, not replace, federal standards.
Section 4. Severability clause.
Section 5. Effective Date. Provides immediate effect, with phased
compliance timelines: testing and sales requirements apply beginning 13
months after enactment; disclosure and labeling requirements apply
beginning 25 months after enactment.
 
JUSTIFICATION:
New York infants and children continue to face serious exposure to toxic
metals, including in food. The recent cinnamon applesauce contamination,
which led to more than 560 childhood lead poisoning cases nationwide,
underscores how quickly toxic metals in food can poison infants.
Federal regulators have taken some steps to address heavy metals in
foods, but not nearly enough, and many such steps have been issued as
guidance, not as enforceable measures linked to accountability and
consumer protection.
This bill requires accredited laboratories to test representative
samples of baby food production aggregates at least once per month for
toxic heavy metals. Manufacturers must post results online with product
identifiers, placing QR codes directly on labels, thereby ensuring tran-
sparency at the point of purchase. It also empowers parents to report
suspected violations to the Department of Agriculture and Markets.
This legislation establishes a model of proactive oversight, measurable
enforcement, and consumer empowerment to protect children's health
across the state.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Minimal. Oversight, consumer reporting, and enforcement can be adminis-
tered by the Department of Agriculture and Markets within existing
resources, with costs offset by penalties
 
EFFECTIVE DATE:
This act shall take effect immediately. Subdivisions 2 and 3 of § 214-p
(testing and sales requirements) shall apply beginning 13 months after
enactment. Subdivisions 4 and 5 (public disclosure and labeling) shall
apply beginning 25 months after enactment.