Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor.

This bill would require a manufacturer of infant formula for sale or distribution in this state, among other things, to test its final infant formula product for aluminum, arsenic, cadmium, lead, and mercury at least once per month and provide those test results to the department, upon request. The bill also would require a manufacturer to provide information to consumers on its internet website or package label regarding specific information about its infant formula that includes, among other things, certain test results for aluminum, arsenic, cadmium, lead, and mercury. The bill would specifically prohibit a person from selling in the state or manufacturing, delivering, holding, or offering for sale in the state any infant formula that does not comply with these requirements.