New York S 8701: Requires the testing of baby food and infant formula for toxic heavy metals and the disclosure of such test results

Bill Text

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S08701 Summary:

BILL NOS08701A

&nbsp

SAME ASSAME AS A09026-A

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSRKAVANAGH

&nbsp

MLTSPNSR

&nbsp

Add §214-p, Ag & Mkts L

&nbsp

Enacts the "Baby Food and Infant Formula Safety and Transparency Act"; requires the testing of baby food and infant formula for toxic heavy metals and the disclosure of such test results.

Go to top S08701 Actions:

BILL NOS08701A

&nbsp

01/07/2026REFERRED TO AGRICULTURE

04/07/2026AMEND (T) AND RECOMMIT TO AGRICULTURE

04/07/2026PRINT NUMBER 8701A

04/21/2026REPORTED AND COMMITTED TO CONSUMER PROTECTION

05/28/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

05/28/2026ORDERED TO THIRD READING CAL.1385

06/03/2026SUBSTITUTED BY A9026A

&nbspA09026 AMEND=A Torres

&nbsp09/05/2025referred to consumer affairs and protection

&nbsp01/07/2026referred to consumer affairs and protection

&nbsp04/21/2026reported referred to codes

&nbsp04/21/2026amend (t) and recommit to codes

&nbsp04/21/2026print number 9026a

&nbsp05/28/2026reported referred to rules

&nbsp06/02/2026reported 

&nbsp06/02/2026rules report cal.349

&nbsp06/02/2026ordered to third reading rules cal.349

&nbsp06/03/2026passed assembly

&nbsp06/03/2026delivered to senate

&nbsp06/03/2026REFERRED TO RULES

&nbsp06/03/2026SUBSTITUTED FOR S8701A

&nbsp06/03/20263RD READING CAL.1385

&nbsp06/03/2026PASSED SENATE

&nbsp06/03/2026RETURNED TO ASSEMBLY

Go to topS08701 Committee&nbspVotes:

Go to topS08701 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08701 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8701--A

 IN SENATE

 January 7, 2026
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the agriculture and markets law, in relation to requir-
 ing the testing of baby food and infant formula for toxic heavy metals
 and the disclosure of such test results

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "Baby Food
 2 and Infant Formula Safety and Transparency Act".
 3 § 2. Legislative findings and intent. The legislature hereby finds and
 4 declares that toxic heavy metals, including arsenic, cadmium, lead, and
 5 mercury, have been detected in baby food and infant formula products
 6 sold in the United States. Even at low levels, exposure to these contam-
 7 inants may cause significant harm to infants and young children, includ-
 8 ing impaired neurological development, reduced cognitive ability, and
 9 increased risk of developmental and behavioral disorders.
 10 The legislature further finds that existing federal standards and
 11 enforcement mechanisms are inadequate to fully protect infants and young
 12 children from unnecessary exposure to such contaminants. It is therefore
 13 the intent of the legislature to require manufacturers of baby food or
 14 infant formula sold in this state to conduct regular testing for toxic
 15 heavy metals, to prohibit the sale of products that exceed federal
 16 limits, to require public disclosure of testing results, and to estab-
 17 lish a system for enforcement and consumer reporting.
 18 § 3. The agriculture and markets law is amended by adding a new
 19 section 214-p to read as follows:
 20 § 214-p. Baby foods and infant formulas; toxic heavy metals. 1. Defi-
 21 nitions. For purposes of this section:
 22 (a) "Baby food" shall mean food packaged in a jar, pouch, tub, or box
 23 that is represented or sold for consumption by infants or children under
 24 two years of age.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13680-04-6

 S. 8701--A 2

 1 (b) "Infant formula" shall mean a food which purports to be or is
 2 represented for special dietary use solely as a food for infants by
 3 reason of its simulation of human milk or its suitability as a complete
 4 or partial substitute for human milk.
 5 (c) "Manufacturer" shall mean any person, firm, corporation, or asso-
 6 ciation engaged in the manufacturing, processi