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 an in-state or out-of-state manufacturer of infant formula or baby food for sale or distribution in this state to test their final infant formula or baby food product product, as defined, for toxic heavy metals, including levels of lead, mercury, cadmium, and arsenic, and to make publicly available on its internet website the name and level of toxic heavy metals present in the final infant formula or baby food product. The bill would also require those manufacturers to, for infant formula or baby food products for which the federal Food and Drug Administration (FDA) has adopted industry guidance for levels of a certain toxic heavy metal, include a label on the product that it has been tested for that toxic heavy metal and is within the FDA guidance. 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.

SECTION 1. Article 8.5 (commencing with Section 110962) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: