Illinois is the latest state to enact legislation requiring baby food manufacturers to test their products for toxic heavy metals and make the results publicly available for consumers to view.

A similar law—the first of its kind—has already come into force in California.

Maryland (Rudy’s Law) and Virginia (the Baby Food Protection Act) have also passed legislation akin to California and Illinois’ baby food testing laws, which become effective in January 2026.

Illinois’ New Toxic Elements Testing and Disclosure Requirements for Baby Food Manufacturers 

The recently passed Illinois Senate Bill (SB) 0073—now Public Act 104-0345—amends the Illinois Food, Drug, and Cosmetic Act by adding a section on baby foods and toxic elements.

The amendment defines “baby food” as any food packaged in a jar, pouch, tub, or box sold specifically for babies and children under the age of two years old. It does not include infant formula.

Under the new regulation, producers that manufacture or sell baby food in Illinois will be required to test a “representative sample of each production aggregate of the manufacturer's final baby food product” for lead, mercury, cadmium, and arsenic (toxic elements) at a proficient laboratory. The required testing must be conducted at least once per month.

Test results must be provided to the Illinois Department of Public Health upon request.

Beginning January 1, 2027, test results for final baby food products must also be made publicly available on the manufacturer's website for a month longer than the duration of the product shelf life. Reports must include the name and level of each toxic element present in each production aggregate of a final baby food product, as well as 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.

Moreover, for products tested for any toxic elements that are subject to an action level, regulatory limit, or tolerance established by the U.S. Food and Drug Administration (FDA), the manufacturer must also include a QR code next to a statement that reads, “For information about the toxic element testing on this product, scan the Quick Response (QR) Code.” The QR code must lead consumers to the test results for the toxic element(s), as well as FDA’s webpage(s) containing the most recent guidance and information about the health effects of the toxic element(s) on children.

FDA Action Levels for Toxic Elements in Baby Foods

At present, no explicit, legally enforceable limits for toxic heavy metals in food exist in the U.S. However, FDA has set an action level of 10 parts per billion (ppb) for inorganic arsenic in apple juice, as well as the following action levels for lead in packaged, processed foods that are marketed for babies and young children less than two years of age:

• 10 parts per billion (ppb) for fruits, vegetables (excluding single-ingredient root vegetables), mixtures (including grain- and meat-based mixtures), yogurts, custards/puddings, and single-ingredient meats
• 20 ppb for single-ingredient root vegetables
• 20 ppb for dry infant cereals.

The action levels for lead may include ready-to-eat (RTE) foods such as purees, as well as semi-prepared foods such as dry infant cereals.

FDA has proposed or is considering other action levels for lead, arsenic, cadmium, and mercury for foods intended for babies and young children, but these levels have yet to be finalized.

Action levels are one regulatory tool FDA uses to help lower levels of contaminants in foods when a certain level of a contaminant is unavoidable. Action levels are not intended to set the lowest levels for industry to achieve, but are meant to cause manufacturers to implement agricultural and processing measures to lower lead levels in food products. Although not binding, FDA can reference action levels when considering whether to bring enforcement action in a particular case, such as when the levels of a toxic element in a food are unsafe.