HB 507 — An Act providing for the testing and labeling of baby food and for prohibited levels of toxic heavy metals in baby food; and imposing duties on the Department of Health.

PRINTER'S NO.    489

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 507
                                                Session of
                                                  2025

     INTRODUCED BY HANBIDGE, HILL-EVANS, GIRAL, PIELLI, HOWARD,
        CIRESI, SANCHEZ, SHUSTERMAN, FREEMAN, CEPEDA-FREYTIZ, O'MARA,
        FLEMING, WEBSTER, CERRATO AND GREEN, FEBRUARY 5, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, FEBRUARY 5, 2025


                                     AN ACT
 1   Providing for the testing and labeling of baby food and for
 2      prohibited levels of toxic heavy metals in baby food; and
 3      imposing duties on the Department of Health.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Baby Food
 8   Protection Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Baby food."    Food that is pureed or minced to be easily
14   consumed by babies or toddlers under two years of age.
15      "Department."    The Department of Health of the Commonwealth.
16      "Secretary."    The Secretary of Health of the Commonwealth.
17      "Toxic heavy metal."     An individual metal or metal compound
 1   that negatively affects the health of individuals.
 2   Section 3.     Testing of baby food.
 3      The department shall test a representative sample of each
 4   batch of baby food manufactured in this Commonwealth for the
 5   presence of inorganic arsenic, lead, cadmium, mercury or other
 6   toxic heavy metal.
 7   Section 4.     Limits on toxic heavy metals.
 8      (a)   State limits.--Baby food that exceeds the following
 9   limits for toxic heavy metals shall not be sold or otherwise
10   distributed in this Commonwealth:
11            (1)   For inorganic arsenic, 10 parts per billion.
12            (2)   For lead, five parts per billion.
13            (3)   For cadmium, five parts per billion.
14            (4)   For mercury, two parts per billion.
15      (b)   Federal limits.--
16            (1)   If at any time the United States Food and Drug
17      Administration sets a limit on inorganic arsenic, lead,
18      cadmium or mercury in baby food that is lower than the limit
19      specified in subsection (a), the department shall adopt the
20      lower Federal limit.
21            (2)   If at any time the United States Food and Drug
22      Administration sets a limit on a toxic heavy metal, other
23      than inorganic arsenic, lead, cadmium or mercury, in baby
24      food, the department shall adopt the Federal limit.
25   Section 5.     Labeling.
26      All baby food that has been tested by the department under
27   this act must be affixed with a label noting the levels of
28   inorganic arsenic, lead, cadmium and mercury found in the
29   representative sample from that batch and the presence of other
30   toxic heavy metals.

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 1   Section 6.   Rules and regulations.
 2      The department shall adopt or promulgate any necessary rules
 3   or regulations to carry out the provisions of this act.
 4   Section 7.   Expiration.
 5      If Federal legislation is enacted on or after the effective
 6   date of this section that regulates the testing or labeling of
 7   baby food or the limits on toxic heavy metals in baby food, the
 8   following apply:
 9          (1)   Within 90 days of the enactment of the Federal
10      legislation, the secretary shall determine whether the
11      provisions of this act are substantially similar to the
12      Federal legislation or any part of the Federal legislation.
13          (2)   If the secretary determines that the provisions of
14      this act are substantially similar to the Federal legislation
15      or any part of the Federal legislation, within 10 days of
16      that determination, the secretary shall transmit a notice to
17      the Legislative Reference Bureau for publication in the next
18      available issue of the Pennsylvania Bulletin that the
19      provisions of this act are substantially similar to the
20      Federal legislation or any part of the Federal legislation.
21          (3)   Upon publication of the notice described in
22      paragraph (2), the provisions of this act that have been
23      determined to be substantially similar to the Federal
24      legislation or any part of the Federal legislation shall
25      expire.
26   Section 8.   Effective date.
27      This act shall take effect in one year.




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