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Illinois General Assembly· SB 73Governor Approved

BABY FOODS-TOXIC HEAVY METALS, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB0073 Enrolled                     LRB104 02950 RPS 12966 b

1   AN ACT concerning health.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Food, Drug and Cosmetic Act is

5 amended by adding Section 11.7 as follows:

6   (410 ILCS 620/11.7 new)

7   Sec. 11.7. Baby foods; toxic elements.

8   (a) In this Section:

9   "Baby food" means food packaged in a jar, pouch, tub, or

10 box sold specifically for babies and children under the age of

11 2 years old. "Baby food" does not include infant formula as

12 defined in Section 2.28.

13  "Final baby food product" means the finished product of

14 baby food with a unique universal product code (UPC). "Final

15 baby food product" does not include the individual ingredients

16 that are in baby food.

17  "Manufacturer" includes a food manufacturer, food

18 processor, and food packer.

19  "Product label" means a display of written, printed, or

20 graphic material that is affixed to a product or the product's

21 immediate container.

22  "Product shelf life" means the time, measured in number of

23 months, between the date of manufacture and the date of
    SB0073 Enrolled   -2-           LRB104 02950 RPS 12966 b

1 expiration for a final baby food product.

2   "Production aggregate" means a quantity of product that is

3 intended to have uniform composition, character, and quality

4 and is produced according to a master manufacturing order.

5   "Proficient laboratory" means a laboratory that:

6   (1) is accredited under the standards of the

7   International     Organization                            for

8   Standardization/International Electrotechnical Commission

9   17025:2017 regarding the general requirements for the

10  competence of testing and calibration laboratories;

11  (2) uses an analytical method at least as sensitive as

12  the analytical method described in Section 4.7 of the U.S.

13  Food and Drug Administration Elemental Analysis Manual for

14  Food and Related Products; and

15  (3) demonstrates, when using an independent

16  proficiency test, the achievement of a z-score within the

17  range of plus or minus 2 in quantifying each toxic element

18  to at least 6 micrograms of the toxic element per kilogram

19  of food.

20  "QR code" means a machine-readable code, consisting of an

21 array of squares, used for storing data that allows a user to

22 access a webpage.

23  "Representative sample" means a sample that consists of a

24 number of units that are drawn based on rational criteria,

25 such as random sampling, and intended to ensure that the

26 sample accurately portrays the material being sampled.
    SB0073 Enrolled       -3-           LRB104 02950 RPS 12966 b

1   "Toxic element" means arsenic, cadmium, lead, or mercury.

2   (b) No person or entity shall sell or manufacture,

3 deliver, or hold or offer for sale in this State any baby food

4 that does not comply with the requirements of this Section.

5   (c) Each manufacturer of baby food shall test a

6 representative sample of each production aggregate of the

7 manufacturer's final baby food product for toxic elements at a

8 proficient laboratory.

9   The testing required under this subsection shall be

10 conducted by a proficient laboratory at least once per month.

11  A manufacturer may test the final baby food product in

12 accordance with this subsection before packaging individual

13 units of baby food for sale or distribution.

14  (d) Upon the request of the Department of Public Health, a

15 manufacturer of baby food shall provide the results of the

16 testing conducted under subsection (c) to an authorized agent

17 of the Department of Public Health.

18  (e) Beginning January 1, 2027, for final baby food

19 products sold, manufactured, delivered, or held or offered for

20 sale in this State, each manufacturer of baby food shall

21 disclose product information to consumers consistent with the

22 following:

23  (1) The manufacturer shall make publicly available on

24  the manufacturer's website for each final baby food

25  product that it manufactures and for the duration of the

26  product shelf life for the final baby food product plus
    SB0073 Enrolled           -4-  LRB104 02950 RPS 12966 b

1   one month:

2   (A) the name and level of each toxic element

3   present in each production aggregate of a final baby

4   food product as determined by the testing conducted

5   under subsection (c); and

6   (B) descriptive information, including, but not

7   limited to, the product's name, UPC, size, lot

8   numbers, or batch numbers, to enable accurate

9   identification of the final baby food product by

10  consumers.

11  (2) If a product is tested for a certain toxic element

12  subject to an action level, regulatory limit, or tolerance

13  established by the U.S. Food and Drug Administration under

14  21 CFR 109, the manufacturer shall also include on the

15  baby food product label:

16  (A) a statement that reads: "For information about

17  the toxic element testing on this product, scan the

18  Quick Response (QR) Code."; and

19  (B) a QR code or other machine-readable code that

20  allows consumers to access the following information

21  on the manufacturer's website on the final baby food

22  product's information page:

23                   (i) the test results for the toxic elements;

24  and

25                   (ii) a link to the webpage on the U.S. Food and

26  Drug Administration website that includes the most
   SB0073 Enrolled  -5-  LRB104 02950 RPS 12966 b

1              recent guidance and information about the health

2              effects of the toxic element on children.

3  (f) The Department of Public Health shall implement a

4 system for consumer reporting of baby foods under this

5 subsection.
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