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HOUSE BILL NO.
SUBSTITUTE FOR HOUSE BILL NO.
4865 September 11, 2025, Introduced by Reps.
4865 A bill to amend 2000 PA 92, entitled "Food law," (MCL 289.1101 to 289.8111) by adding section 7130.
Greene, Rogers, Wozniak, Wilson, Neeley, Hope, Martus, MacDonell, Young, McKinney, Koleszar, Myers-Phillips, Andrews, Schmaltz, Roth, Paiz, McFall, Conlin, Longjohn, Steckloff, Dievendorf, Mentzer, Scott, Wooden, Thompson and Rheingans and referred to Committee on Health Policy.
A bill to amend 2000 PA 92, entitled "Food law," (MCL 289.1101 to 289.8111) by adding section 7130.
(1) Baby food that is sold or offered for sale in this state must meet the standards, action levels, regulatory limits, or tolerances for toxic elements.
(1) Baby food that is sold or offered for sale in this state must meet the standards, action levels, regulatory limits, or tolerances established by the United States Food and Drug Administration for toxic elements.
(2) Beginning on January 1, 2026, a food processor that manufactures baby food that will be sold, offered for sale, or distributed in this state shall test a representative sample of each lot of baby food product for toxic elements at a proficient RMH H02114'25 *_HB4865_INTR_1 x98vwo 1 laboratory.
(2) Beginning on January 1, 2027, a food processor that manufactures baby food that will be sold, offered for sale, or distributed in this state shall test a representative sample of each lot of baby food product for toxic elements at a proficient laboratory.
When conducting a test under this subsection, the proficient laboratory shall quantify each toxic element to at least 6 micrograms of the toxic element per kilogram of food.
When conducting a test under this subsection, the RMH H02114'25 (H-3) 3a87op 1 proficient laboratory shall quantify each toxic element to at least 6 micrograms of the toxic element per kilogram of food.
(5) If a baby food product exceeds the standards, action levels, regulatory limits, or tolerances under subsection (1), the food processor that manufactured the baby food shall either dispose of the baby food product or divert the baby food product for use in animal feed.
(5) If a baby food product exceeds the standards, action levels, regulatory limits, or tolerances under subsection (1), the food processor that manufactured the baby food shall dispose of the baby food product.
(6) Beginning on January 1, 2027, a food processor that manufactures baby food shall create a webpage for each baby food product that is sold, offered for sale, and distributed by the food processor and that was subject to testing under subsection (2).
(6) Beginning on January 1, 2027, a food processor that manufactures baby food shall make publicly available on the food processor's website a list of each baby food product that is sold, offered for sale, and distributed by the food processor and that was subject to testing under subsection (2).
The RMH H02114'25 *_HB4865_INTR_1 x98vwo 1 webpage must contain the following information:
The manufacturer's website must also contain the following information:
(a) A link to a webpage that provides the test results under subsection (2).
RMH H02114'25 (H-3) 3a87op 1 (a) A link to a webpage that provides the test results under subsection (2).
(b) A prominent statement that immediately precedes the link under subdivision (a) that states, "For information about toxic element testing on this product.".
(b) A prominent statement that immediately precedes the link under subdivision (a) that states "For information about toxic element testing on this product.".
(a) The name of each baby food product, the universal product code, if any, and the lot or batch number.
(a) Descriptive information that enables the accurate identification of each baby food product.
Descriptive information may include, but is not limited to, the baby food product name, a photo of the baby food product, the universal product code, if any, and the size, lot, or batch numbers.
(c) A link to the United States Food and Drug Administration's website that provides the most recent guidance and information regarding the health effects of the toxic elements on fetuses, infants, children, and individuals who are pregnant, planning to become pregnant, or breastfeeding.
(c) A link to the United States Food and Drug Administration's website that provides the most recent guidance and information regarding the health effects of the identified toxic elements on fetuses, infants, children, and individuals who are pregnant, planning to become pregnant, or breastfeeding.
(b) A statement that reads "For information about toxic element testing on this product, scan the QR code.".
RMH H02114'25 (H-3) 3a87op 1 (b) A statement that reads "For information about toxic element testing on this product, scan the code.".
RMH H02114'25 *_HB4865_INTR_1 x98vwo 1 (9) As used in this section:
(9) As used in this section:
(iii) Demonstrates proficiency in quantifying each toxic element to not less than 6 micrograms of the toxic element per kilogram of food through an independent proficiency test by achieving a z–score that is less than or equal to plus or minus 2.
(iii) Demonstrates proficiency through an independent proficiency test by achieving a z-score that is less than or equal to plus or minus 2 for each identified toxic element.
(d) "Toxic elements" includes, but is not limited to, arsenic, cadmium, lead, and mercury.
(d) "Toxic elements" includes arsenic, cadmium, lead, and mercury.
Final Page RMH H02114'25 *_HB4865_INTR_1 x98vwo
Final Page RMH H02114'25 (H-3) 3a87op
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