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Bill > AB1071


WI AB1071

WI AB1071
Testing and labeling related to toxic heavy metals in baby food and providing a penalty. (FE)


summary

Introduced
02/26/2026
In Committee
02/26/2026
Crossed Over
Passed
Dead
03/23/2026

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill requires certain disclosures related to testing for arsenic, cadmium, lead, or mercury (toxic heavy metals) in baby food, including infant formula, that is manufactured, sold or offered for sale, delivered, or held for sale in this state. Under the bill, if a manufacturer, processor, or packer (manufacturer) of baby food conducts testing for toxic heavy metals in its baby food product, the manufacturer must publicly disclose on its website 1) sufficient descriptive information for a consumer to identify the baby food product; 2) the name and level of each toxic heavy metal present in the baby food product as determined by the testing; and 3) whether the testing was conducted in accordance with federal Food and Drug Administration (FDA) testing protocols and standards for the applicable type of test. The manufacturer must also include on the baby food product label a quick response (QR) code directly linking to this information, including disclosure of the product’s levels of toxic heavy metals. The label must also include the statement: “For information about toxic element testing on this product, scan the QR code.” The manufacturer’s website must also include a link to the FDA’s web page relating to the health effects of toxic heavy metals on children. Under the bill, if a manufacturer does not test for toxic heavy metals in its baby food product, the manufacturer must manufacturer’s website sufficient descriptive information for a consumer to identify the baby food product and a statement that the baby food product has not been tested for the presence of toxic heavy metals; and 2) include on the baby food product label a QR code directly linking to this information, including the statement that the product has not been tested for toxic heavy metals. The bill requires a manufacturer, upon request by the Department of Agriculture, Trade and Consumer Protection, to provide to DATCP the results of baby food testing for toxic heavy metals and the protocols and standards used in this testing. The bill prohibits a person from manufacturing, selling or offering for sale, delivering, or holding for sale in this state any baby food that does not comply with the requirements of the bill. A person who violates this prohibition is subject to a forfeiture of $100 per day, per product, for each violation. DATCP must establish a process to receive complaints of alleged violations and must investigate these complaints. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill requires manufacturers of baby food, including infant formula, to disclose information about toxic heavy metals like arsenic, cadmium, lead, and mercury. If a manufacturer tests for these metals, they must post the name and level of each metal found, along with product identification details and whether the testing followed federal Food and Drug Administration (FDA) standards, on their website. They must also include a quick response (QR) code on the product label that links to this information and a statement directing consumers to scan it for testing details. Additionally, the website must link to the FDA's page on the health effects of these metals on children. If a manufacturer does not test for toxic heavy metals, they must still provide product identification and a clear statement on their website that the product has not been tested, with a QR code on the label linking to this information. The bill also mandates that manufacturers provide testing results to the Department of Agriculture, Trade and Consumer Protection upon request and establishes a penalty of $100 per day, per product, for non-compliance, with the department responsible for handling consumer complaints and investigations.

Committee Categories

Business and Industry

Sponsors (12)

Last Action

Failed to pass pursuant to Senate Joint Resolution 1 (on 03/23/2026)

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