Sec. 3. Contaminants in food, including infant or toddler food
1,821 words·~8 min read·
/bill/118/s/4728/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by adding at the end the following: The Secretary, by administrative order, shall establish limits on the toxic elements of lead, cadmium, mercury, and arsenic (or a species of any such toxic element) in— any infant or toddler food; and food predominantly composed of a fruit or vegetable puree or juice; If the Secretary determines appropriate upon review of relevant health data and other relevant available information, the Secretary, by administrative order, may— establish limits for contaminants, including toxic elements, in infant or toddler food, in addition to the limits for toxic elements described in subparagraph (A); and establish limits for contaminants, including toxic elements, in food predominantly composed of a fruit or vegetable puree or juice, in addition to the limits for toxic elements described in subparagraph (A); and In establishing or revising any limit under paragraph (1), the Secretary shall— evaluate relevant health data and assessments, data from State and local health departments, and other information the Secretary considers relevant; take into account relevant differences among food types, groups, and categories, as appropriate, including the extent to which the use of such substances cannot be avoided in the production of the applicable food and its ingredients, based on an evaluation of alternative ingredients, use of best manufacturing and agricultural practices, and full compliance with section 418; and notwithstanding the requirements of subchapter II of chapter 5 of title 5, United States Code, and chapter 6 of title 5, United States Code— publish any administrative order under paragraph
(1)in the Federal Register following— publication of a proposed order in the Federal Register; and consideration of comments to a public docket open for not fewer than 45 calendar days; and set forth in any proposed or final administrative order under paragraph
(1)a substantive summary of the valid scientific evidence concerning the proposed or final limit. If the Secretary determines appropriate after review of relevant data and assessments and other available and relevant health information, the Secretary may revise any limit established under this subsection by administrative order published in the Federal Register in accordance with paragraph (2). Subject to the requirements of paragraph (2), the Secretary shall issue proposed orders for limits under paragraph (1)(A) as follows: For lead, not later than December 31, 2025. For arsenic, not later than December 31, 2025. For cadmium, not later than April 30, 2026. For mercury, not later than April 30, 2028. The Secretary shall issue each final administrative order for a limit established pursuant to subparagraph
(A)or
(B)of paragraph
(1)not later than 18 months after issuance of the respective proposed order. The limits established under this section shall represent the level at which the contaminant may render the infant or toddler food injurious to health. In determining such limits the Secretary shall take into account the extent to which the use of such substance cannot be avoided in the production of each such food and its ingredients, based on an evaluation of alternative ingredients, use of best manufacturing and agricultural practices, and compliance with section 418. A food may be determined adulterated, at the final product form, under section 402(j), if such food bears or contains any contaminant (including any toxic element) in excess of a limit established under this subsection. The Secretary shall review, not less frequently than every 4 years, the limits established under this subsection, taking into consideration relevant information and available data to consider whether such limits should be revised, following the procedure described in paragraph (2), in accordance with the criteria specified in paragraph (5). Beginning not later than 180 days after the date of enactment of the Baby Food Safety Act of 2024 , the owner, operator, or agent in charge of a facility engaged in manufacturing or processing infant or toddler food; food predominantly composed of a fruit or vegetable puree or juice; or such other food as the Secretary may specify by regulation, for consumption in the United States, shall— have a control program in place for toxic elements and contaminants subject to limits under subsection (a)(1); collect representative samples of each such food in final product form in accordance with a sampling plan described in paragraph (2); and conduct testing of the samples collected from the final food product for toxic elements and contaminants, in accordance with a sampling plan described in paragraph (2). The owner, operator, or agent in charge of a facility described in paragraph
(1)shall— prepare a written plan for all sampling and testing required under this subsection; and ensure that all sampling and testing conducted under this subsection is conducted in accordance with the plan described in clause (i). A sampling and testing plan required by subparagraph
(A)shall identify— the number of sampling units and sample unit size based upon appropriate criteria for identifying, in a representative fashion, the levels of toxic elements and contaminants in each food; one or more appropriate test methods and procedures to be used to analyze the samples; and appropriate testing frequencies not less frequently than every quarter and whenever a significant change in the product or process necessitates such testing. Not later than 18 months after the date of enactment of the Baby Food Safety Act of 2024 , the Secretary shall issue guidance to assist facilities described under paragraph
(1)with developing sampling and testing plans. Such guidance shall address the standards for adequate and appropriate sampling and testing of each toxic element and contaminant as required by the Secretary, the minimum frequency at which samples should be tested for toxic elements and contaminants or specific species of toxic elements or contaminants, and standards for compliance. In carrying out the sampling and testing under this subsection, the owner, operator, or agent in charge of a facility described in paragraph
(1)shall ensure that each sample is tested for levels of— lead, cadmium, mercury, and arsenic; and any other contaminant that the Secretary may specify, in accordance with the sampling plan under paragraph (2). The sampling and testing conducted under this subsection shall be conducted for— infant and toddler foods, in final product form; foods predominantly composed of a fruit or vegetable puree or juice; and such other foods in final product form as the Secretary has specified, as appropriate for the protection of public health. The owner, operator, or agent in charge of a facility described in paragraph
(1)shall maintain, for not less than 2 years or the shelf life of each food product manufactured or processed by the facility, whichever is longer, records documenting the sampling plan and results of testing conducted under this subsection with respect to the food. The owner, operator, or agent in charge of such a facility shall make such records available for inspection and copying by the Secretary upon request by the Secretary. The records maintained as required under subparagraph
(A)shall include— a detailed description of the foods sampled and tested; the number of samples and tests performed; the size and number of items in each sample unit; a copy of the sampling plan required under paragraph (2); identification of the entity conducting the sampling; identification of the entity conducting the testing; identification of the analytical methods used to perform the sampling and testing; analytical findings of the sampling and testing; and such other data and information as the Secretary may require. The requirements of this paragraph shall apply to all records of sampling and testing conducted pursuant to this subsection, regardless of the findings. The owner, operator, or agent in charge of a facility described in paragraph
(1)shall ensure that testing required pursuant to this subsection is performed in accordance with international standards by a laboratory that— is in compliance with the requirements regarding laboratory accreditation described in section 422; or if the requirements described in subparagraph
(A)do not apply to the laboratory, is accredited by an accreditation body that conforms to international accreditation standards. The Secretary shall develop and implement a sampling and testing program for infant and toddler food that is sufficient to— support the periodic review under subsection (a)(7) of limits on toxic elements in infant and toddler food; and independently verify that products are compliant with the limits proscribed pursuant to this subsection. Upon request by the Secretary, the owner, operator, or agent in charge of a facility described in subsection (b)(1) shall— make all records required under this section available promptly to the Secretary for inspection and copying; and provide within a reasonable time an English translation of such records maintained in a language other than English. Any records that the Secretary may inspect under this section shall, upon the request of the Secretary, be provided to the Secretary by the owner, operator, or agent in charge of a facility described in subsection (b)(1), in advance of or in lieu of an inspection, within a reasonable timeframe, within reasonable limits, and in a reasonable manner, and in either electronic or physical form, at the expense of such owner, operator, or agent. The Secretary’s request shall include a sufficient description of the records requested. Upon receipt of records requested under paragraph
(1)or (2), the Secretary shall provide to the owner, operator, or agent described in paragraph
(2)confirmation of the receipt. Nothing in this subsection supplants the authority of the Secretary to conduct sampling, testing, or inspections otherwise permitted under this Act in order to ensure compliance with this Act. The requirements for sampling and testing under this section shall apply beginning on the date that is 2 years after the date of enactment of this subsection. . Section 805(c)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384a(c)(4) ) is amended, by inserting monitoring and verifying the accuracy of records described in section 425(b) after for shipments, . Section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342 ) is amended by adding at the end the following: If it is an article of food in final product form that is an infant and toddler food, a food predominantly composed of a fruit or vegetable puree or juice, or such other food as the Secretary may specify and— such food bears or contains any toxic element or contaminant in excess of a limit established under section 425(a); or the owner, operator, or agent in charge of a facility that manufactures or processes the food is not in compliance with subsection
(b)or
(c)of section 425. . Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: The failure of an owner, operator, or agent in charge of a facility that manufactures or processes food to comply with applicable requirements under subsection
(b)or
(c)of section 425. .
Connectionstraces to 4
Citation graph
cites case law
Sec. 3
Contaminants in food, including infant or toddler food
Cites 4Cited by 0 across 0 sources