Bill Text: IL SB0073 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Provides that on and after January 1, 2026, a person may not sell, distribute, or offer for sale baby food in the State that contains toxic heavy metals that exceed the limits established by the U.S. Food and Drug Administration. Defines "toxic heavy metal" as arsenic, cadmium, lead, or mercury and defines other terms. Provides that beginning January 1, 2026, each manufacturer of baby food shall test a representative sample of each production aggregate of the manufacturer's final baby food product for each toxic heavy metal. Requires monthly testing. Beginning January 1, 2027, requires each manufacturer of baby food to make certain information publicly available. Provides that if a consumer believes, based on information gathered through the use of the code included on the baby food product label, that baby food is being sold in the State with toxic heavy metals that exceed limits established by the U.S. Food and Drug Administration, the consumer may report that baby food to the Department of Public Health.

Sponsorship: Slight Partisan Bill (Democrat 17-9)

Status: (Passed) 2025-08-15 - Public Act . . . . . . . . . 104-0345 [SB0073 Detail]

Download: Illinois-2025-SB0073-Enrolled.html

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SB0073 Enrolled LRB104 02950 RPS 12966 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 11.7 as follows:
(410 ILCS 620/11.7 new)
Sec. 11.7. Baby foods; toxic elements.
(a) In this Section:
"Baby food" means food packaged in a jar, pouch, tub, or
box sold specifically for babies and children under the age of
2 years old. "Baby food" does not include infant formula as
defined in Section 2.28.
"Final baby food product" means the finished product of
baby food with a unique universal product code (UPC). "Final
baby food product" does not include the individual ingredients
that are in baby food.
"Manufacturer" includes a food manufacturer, food
processor, and food packer.
"Product label" means a display of written, printed, or
graphic material that is affixed to a product or the product's
immediate container.
"Product shelf life" means the time, measured in number of
months, between the date of manufacture and the date of

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expiration for a final baby food product.
"Production aggregate" means a quantity of product that is
intended to have uniform composition, character, and quality
and is produced according to a master manufacturing order.
"Proficient laboratory" means a laboratory that:
(1) is accredited under the standards of the
International Organization for
Standardization/International Electrotechnical Commission
17025:2017 regarding the general requirements for the
competence of testing and calibration laboratories;
(2) uses an analytical method at least as sensitive as
the analytical method described in Section 4.7 of the U.S.
Food and Drug Administration Elemental Analysis Manual for
Food and Related Products; and
(3) demonstrates, when using an independent
proficiency test, the achievement of a z-score within the
range of plus or minus 2 in quantifying each toxic element
to at least 6 micrograms of the toxic element per kilogram
of food.
"QR code" means a machine-readable code, consisting of an
array of squares, used for storing data that allows a user to
access a webpage.
"Representative sample" means a sample that consists of a
number of units that are drawn based on rational criteria,
such as random sampling, and intended to ensure that the
sample accurately portrays the material being sampled.

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"Toxic element" means arsenic, cadmium, lead, or mercury.
(b) No person or entity shall sell or manufacture,
deliver, or hold or offer for sale in this State any baby food
that does not comply with the requirements of this Section.
(c) Each manufacturer of baby food shall test a
representative sample of each production aggregate of the
manufacturer's final baby food product for toxic elements at a
proficient laboratory.
The testing required under this subsection shall be
conducted by a proficient laboratory at least once per month.
A manufacturer may test the final baby food product in
accordance with this subsection before packaging individual
units of baby food for sale or distribution.
(d) Upon the request of the Department of Public Health, a
manufacturer of baby food shall provide the results of the
testing conducted under subsection (c) to an authorized agent
of the Department of Public Health.
(e) Beginning January 1, 2027, for final baby food
products sold, manufactured, delivered, or held or offered for
sale in this State, each manufacturer of baby food shall
disclose product information to consumers consistent with the
following:
(1) The manufacturer shall make publicly available on
the manufacturer's website for each final baby food
product that it manufactures and for the duration of the
product shelf life for the final baby food product plus

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one month:
(A) the name and level of each toxic element
present in each production aggregate of a final baby
food product as determined by the testing conducted
under subsection (c); and
(B) descriptive information, including, but not
limited to, the product's name, UPC, size, lot
numbers, or batch numbers, to enable accurate
identification of the final baby food product by
consumers.
(2) If a product is tested for a certain toxic element
subject to an action level, regulatory limit, or tolerance
established by the U.S. Food and Drug Administration under
21 CFR 109, the manufacturer shall also include on the
baby food product label:
(A) a statement that reads: "For information about
the toxic element testing on this product, scan the
Quick Response (QR) Code."; and
(B) a QR code or other machine-readable code that
allows consumers to access the following information
on the manufacturer's website on the final baby food
product's information page:
(i) the test results for the toxic elements;
and
(ii) a link to the webpage on the U.S. Food and
Drug Administration website that includes the most

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recent guidance and information about the health
effects of the toxic element on children.
(f) The Department of Public Health shall implement a
system for consumer reporting of baby foods under this
subsection.