Vermont Enacts Food Chemical Laws: Herbicide Paraquat Banned, Baby Food Testing Now Mandatory
On May 26, Vermont Governor Phil Scott signed into law two bills related to food chemical safety: an herbicide ban and legislation on baby food testing requirements.
Vermont Passes First U.S. Paraquat Prohibition
First, Bill H.739 prohibits the use and sale of the herbicide paraquat in Vermont, allowing for limited exceptions when “no other less harmful pesticide would be effective in addressing an environmental or agricultural emergency.” Until the end of 2030, the law also allows for special three-year exemptions to be issued to fruit-producing tree orchards, berries, and other small fruit producers using paraquat.
Additionally, H.739 requires annual data reporting for any paraquat uses in the state and calls for a state-funded study to recommend alternatives for the herbicide.
The legislation goes into effect on November 1, 2026. It is the first law of its kind to be passed in the U.S.
In a statement applauding the enactment of H.739, Vermont Public Interest Research Group (VPIRG) cited “large-scale epidemiological studies [showing that] individuals exposed to paraquat have a roughly 250 percent higher risk of developing Parkinson’s disease,” calling the chemical “too poisonous to be used safely.” Due to evidence of its potential harms to human health, the herbicide has been banned in more than 70 countries, including the UK and Switzerland where paraquat manufacturer Syngenta operates, according to VPIRG.
Mandatory Testing for Heavy Metals in Baby Food, Infant Formula
Also newly signed into law, Bill H.536 sets forth mandatory product testing requirements for manufacturers of infant formula and baby food to ensure safe levels of toxic heavy metals—specifically, those “subject to an action level, regulatory limit, or tolerance” established by the U.S. Food and Drug Administration (FDA)—and prohibits the sale of products that contain any such elements—arsenic, cadmium, lead, and mercury—exceeding FDA regulatory limits.
Under the law, infant formula and baby food manufacturers are now required to test their products monthly through a proficient laboratory. Test results must be publicly available on the website for every product offered for sale, for the duration of the product’s shelf life plus one month. A QR code linking back to test results must be included on product labels.
Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →
Despite H.536 referencing FDA “regulatory limits” for toxic heavy metals in food, no explicit, legally enforceable limits currently exist. However, FDA has set an action level of 10 parts per billion (ppb) for inorganic arsenic in apple juice, as well as specific action levels for lead in foods for babies and young children. FDA is also undertaking further research and considering other actions related to toxic metals in babies’ and young children’s foods under the “Closer to Zero” initiative.
Vermont is the fifth state to enact a law like H.536, following the passage of baby food testing and disclosure legislation in California, Maryland, Virginia, and Illinois. The law takes effect January 1, 2027.
