An act relating to toxic heavy metals in baby food products

The overall effective date changed from July 1, 2026 to January 1, 2027, giving manufacturers an additional six months to comply.

The inventory grace period (allowing continued sale of stock already in the market) was extended from January 1, 2026 to January 1, 2027.

The infant formula provisions (Sec. 2) now have a separate effective date that only takes effect when the Attorney General confirms in writing that California or two other states have enacted substantially comparable legislation covering prohibition, testing, and labeling of infant formula for toxic heavy metals.

Testing, website disclosure, and QR code labeling requirements were each narrowed to apply only to baby food 'sold or distributed in the State,' rather than applying to all manufacturers regardless of where they sell.

The infant formula suspension provision no longer requires the Attorney General to consult with the Commissioner of Health before suspending application, but now requires the AG to post notice on the AG's website with specific dates the suspension is in effect.

A new requirement was added for online sales: any baby food product sold online to a Vermont consumer must have a clearly labeled link on its web page to the required toxic heavy metal information page.

Consumer reporting of suspected violations was changed from mandatory ('shall report') to optional ('may report'), and the reporting destination was changed from the Commissioner to the Department of Health Office of the Attorney General.

The Attorney General's enforcement authority was made more specific, explicitly listing rulemaking, civil investigations, assurances of discontinuance, and civil actions under the Consumer Protection Act.

Authority to request test results from manufacturers changed from the Office of the Attorney General to the Commissioner of Health

Consumer reporting of suspected violations changed from the Office of the Attorney General to the Commissioner (of Health)

Inventory sell-through exemption date shortened from January 1, 2027 to January 1, 2026, giving manufacturers one less year to sell existing stock that may exceed FDA limits

New definition added: 'Commissioner' means the Commissioner of Health

Website disclosure subsection (d) restructured: the unofficial version had a separate provision (d)(2) requiring online retailers and manufacturers to include a clearly labeled link on product web pages; the official version consolidates requirements into a single subsection without the distinct online sales provision

Official version adds standard legislative formatting including sponsor names, committee referral, subject line, and statement of purpose

Added a federal preemption clause (new subsection 1(h) and 2(h)(i)) stating that nothing in the act shall be construed to conflict with federal law or regulation, creating a safe harbor against preemption challenges.

Added new Section 3 creating a specific stock supply protection for infant formula, ensuring that existing infant formula inventory in Vermont can continue to be sold prior to the effective date of the infant formula provisions (Section 2).

Narrowed the prohibition in Section 1(b) from products exceeding 'the limits established by the U.S. FDA' to those exceeding 'the regulatory limits established by the U.S. FDA,' potentially excluding action levels or advisory thresholds that are not formal regulatory limits.

Removed the Commissioner of Health from the enforcement chain. Test result requests now go only to the Office of the Attorney General (previously 'Commissioner of Health Office of the Attorney General'), and consumer reports are directed to the Office of the Attorney General rather than the Department of Health.

Simplified the Attorney General's enforcement authority language in Section 1(g), removing the explicit enumeration of powers (making rules, conducting civil investigations, entering assurances of discontinuance, bringing civil actions) and replacing with a general reference to 'the same authority' under the Consumer Protection Act.

Extended the inventory grandfathering period for baby food products (non-infant formula) from January 1, 2026 to January 1, 2027, giving manufacturers an additional year to sell existing stock before the prohibition takes effect.

Changed the trigger for the infant formula provision's effective date from when California or two other states have 'enacted legislation' to when 'a law has taken effect' in those states, meaning Vermont will wait until comparable laws are actually operational before its own infant formula rules begin.

Broadened the suspension trigger for infant formula regulations: the Attorney General may now suspend application based on 'insufficient infant formula in the State to meet the need or evidence of a declining supply' (previously only insufficient supply), and must do so 'in consultation with the Commissioner of Health.'

Changed consumer reporting from mandatory ('shall report') to permissive ('may report'), removing the obligation for consumers to report suspected violations.

New Section 2 amends 18 V.S.A. 4091 to extend the bill's framework to infant formula, but includes a suspension provision allowing the Attorney General to pause application if there is insufficient infant formula supply in Vermont.

Effective date changed from July 1, 2026 to January 1, 2027 for the main baby food provisions. The inventory grace period also shifted from January 1, 2026 to January 1, 2027.

Infant formula provisions (new Sec. 2) do not take effect until the Attorney General confirms in writing that California or two other states have enacted substantially comparable legislation covering infant formula toxic heavy metal limits, testing, and labeling. The confirmation must be posted on the General Assembly's website.

Enforcement authority shifted from the Commissioner of Health to the Office of the Attorney General. Consumers now report violations to the Attorney General rather than the Commissioner. The AG gains rulemaking, civil investigation, and assurance-of-discontinuance authority under the Consumer Protection Act.

Online sales of baby food to Vermont consumers must include a clearly labeled link on the product's web page to the information page containing toxic heavy metal test results and FDA guidance.

Website disclosure requirement now explicitly states it applies without requiring consumers to provide a universal product code or proof of purchase, lowering the barrier for consumer access to test results.

Added explicit definition of 'toxic heavy metal' as arsenic, cadmium, lead, and mercury. Removed the 'Commissioner' definition. Added 'U.S. FDA' definition. Testing scope clarified to apply to manufacturers of baby food 'sold or distributed in the State.'