AB 899: Food safety: baby food.

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.

This bill would require a manufacturer of baby food for sale or distribution in this state, beginning on January 1, 2024, to test a representative sample of each production aggregate of the manufacturers final baby food product, at a proficient laboratory meeting certain criteria, for toxic elements, as defined, at least once per month. The bill would require a manufacturer to provide test results to any authorized agent of the department upon their request, as specified. The bill would require a manufacturer of a final baby food product sold, manufactured, delivered, held, or offered for sale in the state on and after January 1, 2025, 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.

If a product is tested for a certain toxic element subject to an action level, regulatory limit, or tolerance established by the United States Food and Drug Administration, the bill would require manufacturers to include on the product label a quick response (QR) code that links to a page on the manufacturers internet website containing, among other information, test results for the toxic element and a link to related FDA guidance, as specified.

The bill would prohibit 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. 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.