California AB 2302: Food safety: infant formula.

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 Bill Text - AB-2302 Food safety: infant formula.

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 |Add To My Favorites |Track Bill | Version: 06/15/26 - Amended Senate
 05/18/26 - Amended Assembly
 04/16/26 - Amended Assembly
 03/26/26 - Amended Assembly
 02/19/26 - Introduced

 AB-2302 Food safety: infant formula.(2025-2026)

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 Date Published: 06/15/2026 09:00 PM

AB2302:v95#DOCUMENTBill Start

 Amended
 IN 
 Senate
 June 15, 2026

 Amended
 IN 
 Assembly
 May 18, 2026

 Amended
 IN 
 Assembly
 April 16, 2026

 Amended
 IN 
 Assembly
 March 26, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2302

Introduced by Assembly Member Celeste Rodriguez
(Principal coauthor: Assembly Member Gipson)
(Coauthors: Assembly Members Calderon and Lee)

February 19, 2026

 An act to add Article 8.6 (commencing with Section 110964) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to food. 

LEGISLATIVE COUNSEL'S DIGEST

AB 2302, as amended, Celeste Rodriguez.
 Food safety: infant formula.

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 manufacturer of infant formula for sale or distribution in this state to test its final infant formula product for arsenic, cadmium, lead, and mercury at least once per month. The bill also would, commencing on January 1, 2028, require a brand owner, as defined, to provide information to consumers on its internet website or package label regarding specific information about its infant formula that includes, among other things, certain test results for arsenic,
 cadmium, lead, and mercury. The bill would specifically prohibit a person from selling in the state or manufacturing, delivering, holding, or offering for sale in the state any infant formula that does not comply with these requirements. The bill would require the manufacturer and brand owner to provide test results to the department upon request, as specified.

By expanding the requirements relating to infant formula under the Sherman Food, Drug, and Cosmetic Law, the violation of which would be a crime, this 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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 8.6 (commencing with Section 110964) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:

 Article
 8.6. Infant formula Formula

110964.

 (a) For purposes of this section, the following definitions apply:

(1) “Brand owner” means the person who owns or licenses the trademark that is the most prominent trademark on the principal display panel of the final infant formula product label. The manufacturer of an infant formula for another person who owns the trademark is not the brand owner.

(2) “Final infant formula product” means the finished product of infant formula with a unique universal product code (UPC). “Final infant formula product” does not mean the constituent ingredients of infant formula.

(3) “Heavy metals” means arsenic, cadmium, lead, and mercury. 

(4) “Infant formula” means the same as defined in Section 321(z) of Title 21 of the United States Code.

(5) “Manufacturer” means a person who is either of the following:

(A) A brand owner who manufactures, as defined in Section 109970, an infant formula.

(B) A person who manufactures, as defined in Section 109970, but is not the brand owner of, an infant formula.

(6) “Product label” means a display of written, printed, or graphic material that is affixed to a product or its immediate container.

(7) “Product shelf life” means the time, measured in the number of months, between the date of manufacture and the expiration date for a final infant formula product.

(8) “Production agg