S 8701 New York Senate · 2025 Regular Session

Requires the testing of baby food and infant formula for toxic heavy metals and the disclosure of such test results

S 8701, the "Baby Food Safety and Transparency Act," requires manufacturers of baby food (excluding infant formula) sold in the state to test each batch monthly for toxic heavy metals like arsenic, cadmium, lead, and mercury using accredited labs. Manufacturers must publicly disclose test results online, including metal levels, product identifiers, and a link to FDA health information, with QR codes on labels directing consumers to this data. The law prohibits selling products exceeding state-set limits (based on federal standards) and allows consumers to report violations to the state department. It complements, but does not replace, existing federal regulations.
Bill status in committee 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
May 2026
Senate Passage
May 2026
Assembly Passage
Governor
Introduced Jan 7, 2026 Last action Jun 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S8701 S8701A · 4 edits
MODERATE
The bill was amended to expand its scope from covering only baby food to also include infant formula. This change ensures that both products are held to the same safety standards regarding toxic heavy metals, such as arsenic, cadmium, lead, and mercury. The amendment also updates the bill's title and the definitions within the law to explicitly include infant formula alongside baby food.
Scope change
The bill's scope was expanded to include infant formula in addition to baby food, ensuring both product types are subject to mandatory testing and public disclosure requirements.
SCOPE

The bill title was updated from the 'Baby Food Safety and Transparency Act' to the 'Baby Food and Infant Formula Safety and Transparency Act' to reflect the inclusion of infant formula.

DEFINITION

The definition of 'Baby food' was modified to remove the exclusion of infant formula, and a new definition for 'Infant formula' was added to clarify what products are covered.

REQUIREMENT

Mandatory testing, sale prohibitions, and public disclosure requirements were updated to apply to both baby food and infant formula products.

References to 'baby food' throughout the text were updated to 'baby food or infant formula' to ensure consistent application of the new rules.

Floor votes · Senate May 28, 2026

How they voted

210
Passed
Total votes 21
May 28, 2026
D Democratic14
14 Yea
100% Yea
R Republican7
7 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
3
Amendments
2
May 28, 2026
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 28, 2026
Senate · Passed
Senate Vote: pass (21-0)
senate
Apr 21, 2026
Committee
REPORTED AND COMMITTED TO CONSUMER PROTECTION
upper
Apr 7, 2026
Upper · Passed
PRINT NUMBER 8701A
upper
Apr 7, 2026
Upper · Passed
AMEND (T) AND RECOMMIT TO AGRICULTURE
upper
Jan 7, 2026
Committee
REFERRED TO AGRICULTURE
upper
1 primary · 1 co-sponsor

Sponsors