H 536

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2026
No. 110. An act relating to toxic heavy metals in baby food products.
                                     (H.536)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. chapter 82 is amended to read:
   CHAPTER 82. LABELING OF FOODS, DRUGS, COSMETICS, AND
                        HAZARDOUS SUBSTANCES
      Subchapter 1. Labeling for Marketing and Sale General Provisions
                                      ***
            Subchapter 3. Testing and Labeling of Certain Products
§ 4091. BABY FOOD PRODUCTS
   (a) As used in this section:
      (1) “Baby food product” means any food manufactured, packaged, and
labeled in a jar, pouch, tub, or box sold specifically for babies and children
younger than two years of age. “Baby food product” does not include infant
formula.
      (2) “Final baby food product” means the finished baby food product and
not the constituent ingredients.
      (3) “Infant formula” means a commercially available milk-based or soy-
based powder, concentrated liquid, or ready-to-feed substitute for human breast
milk that is intended for infant consumption.
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      (4) “Production aggregate” means a quantity of product that is intended
to have a uniform composition, character, and quality and is produced
according to a master manufacturing order.
      (5) “Proficient laboratory” means a laboratory that:
           (A) is accredited under the standards of the International
Organization for Standardization or the International Electrotechnical
Commission pursuant to standard ISO/IEC 17025:2017;
           (B) uses an analytical method as sensitive as the analytical method
described in the U.S. FDA’s Elemental Analysis Manual for Food and Related
Products; and
           (C) demonstrates proficiency in quantifying each toxic element to at
least six micrograms of the toxic element to kilogram of food through an
independent proficiency test by achieving a z-score that is less than or equal to
plus or minus two.
      (6) “QR code” means a two-dimensional matrix barcode consisting of
blocks arranged in a grid that can be read by an imaging device.
      (7) “Representative sample” means a sample that consists of a number
of units that are drawn based on rational criteria, including random sampling,
and intended to ensure that the sample accurately portrays the material being
sampled.
      (8) “Toxic heavy metal” means arsenic, cadmium, lead, and mercury.
      (9) “URL” means a uniform resource locator.
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      (10) “U.S. FDA” means the U.S. Food and Drug Administration.
   (b) A person shall not sell, distribute, or offer for sale any baby food
product in the State that contains a toxic heavy metal that exceeds the
regulatory limits established by the U.S. FDA. The provisions of this
subsection shall not restrict the continued sale of inventory in stock before
January 1, 2027.
   (c) A manufacturer of a baby food sold or distributed in the State shall test
a representative sample of each production aggregate of the manufacturer’s
final baby food product for toxic heavy metals. Testing of a baby food product
shall be conducted by a proficient laboratory at least once a month. A
manufacturer of baby food may test the final baby food product before
packaging individual units for sale or distribution. Upon request of the Office
of the Attorney General, a manufacturer shall provide the results of the test
conducted pursuant to this subsection.
   (d)(1) Without requiring the provision of a universal product code or proof
of purchase, for each baby food product sold, manufactured, delivered, held, or
offered for sale in the State, a manufacturer of baby food shall make publicly
available on its website for the duration of the product shelf life of a final baby
food product, plus one month:
          (A) the name and level of each toxic heavy metal in the final baby
food product as determined by the testing conducted pursuant to subsection (c)
of this section;
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          (B) sufficient information, including the product name, universal
product code, or lot or batch number, to enable consumers to identify the final
baby food product; and
          (C) a link to the U.S. FDA’s website that provides the most recent
U.S. FDA guidance and information about the health effects of toxic heavy
metals on children.
      (2) A baby food product that is sold online to a consumer in Vermont by
either a retailer or directly by the manufacturer shall contain on the product’s
web page a clearly labeled link to an information page containing the
information required pursuant to subdivision (1) of this subsection.
   (e) If a baby food product sold or distributed in the State is tested for a
toxic heavy metal subject to an action level, regulatory limit, or tolerance
established by the U.S. FDA under 21 C.F.R. § 109, the manufacturer shall
display on the baby food product:
      (1) a label stating in a clear, legible, and conspicuous manner that more
information about toxic element testing on the product is available by scanning
the QR code; and
      (2) a QR code or other machine-readable code that directs the
consumers to the manufacturer’s website or the baby food product information
page providing:
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          (A) the test results for the toxic heavy metal; and
          (B) a URL to the web page on the U.S. FDA’s website that includes
the most recent guidance and information about the health effects of toxic
heavy metals on children.
   (f) If a consumer reasonably believes, based on the information provided
on the baby food product, that the baby food product is being sold in the State
in violation of this section, the consumer may report the baby food product to
the Office of the Attorney General.
   (g) A violation of this section shall be deemed a violation of the Consumer
Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same
authority, and private parties have the same rights and remedies, as provided
under 9 V.S.A. chapter 63, subchapter 1.
   (h) Nothing in this section shall be construed to conflict with federal law or
regulation.
Sec. 2. 18 V.S.A. § 4091 is amended to read:
§ 4091. BABY FOOD PRODUCTS
   (a) As used in this section:
      (1) “Baby food product” means any infant formula or food
manufactured, packaged, and labeled in a jar, pouch, tub, or box sold
specifically for babies and children younger than two years of age. “Baby food
product” does not include infant formula.
                                       ***
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   (g) The Attorney General, in consultation with the Commissioner of
Health, shall suspend the application of this section to infant formula if the
Attorney General verifies that there is insufficient infant formula in the State to
meet the need or evidence of a declining supply. If the Attorney General
suspends application, the Attorney General shall post notice on the Office of
the Attorney General’s website containing specific dates that the suspension is
in effect.
   (h) A violation of this section shall be deemed a violation of the Consumer
Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same
authority, and private parties have the same rights and remedies, as provided
under 9 V.S.A. chapter 63, subchapter 1.
   (h)(i) Nothing in this section shall be construed to conflict with federal law
or regulation.
Sec. 3. INFANT FORMULA; STOCK SUPPLY
   The provisions of Sec. 2 (18 V.S.A. § 4091) of this act shall not restrict the
continued sale of infant formula inventory in stock in Vermont prior to the
effective date of Sec. 2 of this act pursuant to Sec. 4(b) of this act.
Sec. 4. EFFECTIVE DATES
   (a) This section, Sec. 1 (18 V.S.A. chapter 82), and Sec. 3 (infant formula;
stock supply) shall take effect on January 1, 2027.
   (b) Sec. 2 (18 V.S.A. § 4091) shall take effect upon the Attorney General’s
written confirmation to the Speaker of the House and to the President Pro
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Tempore of the Senate, which shall be posted on the General Assembly’s
website, that a law has taken effect in California or two other states with
requirements substantially comparable to the requirements of this act regarding
all of the following:
      (1) the prohibition on the sale and distribution of infant formula that
contains a toxic heavy metal exceeding U.S. Food and Drug Administration
limits;
      (2) the required testing of infant formula sold or distributed in the state
for toxic heavy metals; and
      (3) the labeling of infant formula and the provision of information about
toxic heavy metals in infant formula.
Date Governor signed bill: May 26, 2026
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