Clinical Pharmacist and Master’s student in Clinical Pharmacy with research interests in pharmacovigilance, behavioral interventions in mental health, and AI applications in clinical decision support. Experience includes digital health research with Bloomsbury Health (London) and pharmacovigilance practice in patient support programs. Published work covers drug awareness among healthcare providers, postpartum depression management, and patient safety reporting. 
Clinical Pharmacist and Master’s student in Clinical Pharmacy with research interests in pharmacovigilance, behavioral interventions in mental health, and AI applications in clinical decision support. Experience includes digital health research with Bloomsbury Health (London) and pharmacovigilance practice in patient support programs. Published work covers drug awareness among healthcare providers, postpartum depression management, and patient safety reporting. What was reviewed?
This review analyzes the Baby Food Safety and Transparency Act A9026, a New York Assembly bill proposing statutory controls to reduce toxic heavy metals in foods marketed for children under age two. The Baby Food Safety and Transparency Act A9026 amends the Agriculture and Markets Law by adding §214-p to mandate periodic testing, public disclosure, and enforcement standards for arsenic, cadmium, lead, and mercury in baby food, with rulemaking by the Commissioner in consultation with the Department of Health. It sets definitions for “baby food,” “toxic heavy metals,” “proficient laboratory,” and “production aggregate,” and outlines labeling and web-posting requirements for test results alongside penalties for violations.
Who was reviewed?
The legislative text covers baby food manufacturers and entities selling baby food in New York State, the Commissioner of Agriculture and Markets, the Department of Health, and ISO/IEC 17025:2017-accredited laboratories designated as “proficient.” It defines baby food as packaged foods for infants and children under two, excluding infant formula; obligates manufacturers to test representative samples of each production aggregate monthly; and requires public posting of results with product identifiers such as name, UPC, and lot or batch numbers. Retail availability in the state is conditioned on compliance with state-set action levels and disclosure obligations.
Most important findings
| Critical point | Details |
|---|---|
| Statutory scope and authority | Adds §214-p to the Agriculture & Markets Law, empowering the Commissioner, in collaboration with the Department of Health, to establish acceptable levels, sampling, testing, and disclosure standards for toxic heavy metals in baby food within 180 days of the law’s effective date. |
| Contaminants addressed | Targets arsenic, cadmium, lead, and mercury explicitly as “toxic heavy metals,” aligning state oversight with contaminants repeatedly found in baby foods and linked to developmental risks. |
| Product definition and exclusions | “Baby food” is defined as packaged food for infants/children under two; infant formula is excluded, clarifying which products fall under testing and disclosure obligations. |
| Testing cadence and representativeness | Requires manufacturers to test a representative sample of each production aggregate at least monthly through a “proficient laboratory,” creating a predictable surveillance cadence suitable for batch-based certification workflows. |
| Laboratory proficiency | “Proficient laboratory” means ISO/IEC 17025:2017 accredited and demonstrably capable of quantifying the four metals to defined sensitivity, anchoring analytical validity for certification acceptance. |
| Transparency and data access | Mandates public posting of test results on manufacturer websites with product identifiers (name, UPC, lot/batch) and measured levels for each metal; if a product is subject to an action level or regulatory limit, labels must include a QR code linking to the disclosures. |
| Compliance precondition for sale | Prohibits sale of baby food exceeding Commissioner-set limits and treats violations as actionable under the Agriculture & Markets Law, providing an enforcement hook that certification programs can reference. |
| Legislative findings | Notes that even low-level exposure to these metals may harm infants and young children and that federal protections are insufficient, justifying stricter state-level standards and transparency. |
Key implications
For regulators, the Baby Food Safety and Transparency Act A9026 creates enforceable state action levels and disclosure rules, enabling harmonization with HTMC limits. Certification schemes should require ISO/IEC 17025 testing monthly by product aggregate, QR-linked result disclosure, and lot-level traceability. Industry can integrate LIMS-backed batch testing and web dashboards. Research gaps include validated sampling plans and infant-relevant action levels. Practically, adopt proficiency-tested labs, publish full analyte data, and map failures to corrective actions.
Citation
New York State Assembly. Baby Food Safety and Transparency Act (A9026). 2025.
