- On May 26, 2026, Vermont enacted a baby food testing and labeling law targeting heavy metals. Requirements go into effect January 1, 2027.
- The bill, H536, requires manufacturers of baby food to test a representative sample from each production aggregate of the manufacturer’s final baby food product for heavy metals, including arsenic, cadmium, lead, and mercury. Testing must be conducted by a proficient laboratory at least once a month.
- The bill also requires manufacturers to publicly disclose the name and level of each heavy metal in the final baby food product. This disclosure must include sufficient information, such as the product name, universal product code (UPC), lot or batch number, and a link to the FDA website that provides the most recent guidance and information on the health effects of heavy metals on children.
- If the baby food is tested for a heavy metal subject to an action level or regulatory limit, the manufacturer must add a label stating, in a clear, legible manner, that more information about the heavy metal is available by scanning a QR code. The label must include a QR code directing consumers to the manufacturer’s website with the test results for the heavy metal and a URL linking to the relevant FDA website with the most recent guidance on the health effects of heavy metals on children.
- Keller and Heckman will continue to report on state legislative developments impacting product testing and labeling.