,,ii #aagth ,,congress #ast ,session ,s4 #ajai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjba,ms4 ,klobuchar 7for herself and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to limit the presence of toxic elements in1 and otherwise regulate1 infant and toddler food1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,baby ,food ,safety ,act of #bjba4 #b4 ,definition of infant and toddler food ,section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 is amended by adding at the end the following3 7ss7 ,the term infant and toddler food means food intended for sale to children up to #cf months of age1 including infant formula4 4 #c4 ,infant and toddler food hazard analysis and risk-based preventive controls 7a7 ,preventive controls ,section #dah7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;g7c77 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 the infant and toddler foods manufactured1 processed1 packed1 or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section #ajd of the ,,fda ,food ,safety ,modernization ,act4 4 7b7 ,verification ,paragraph 7#d7 of section #dah7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;g7f77 is amended to read as follows3 7#d7 the preventive controls implemented under subsection 7c7 are effectively and significantly minimizing or preventing the occurrence of identified hazards1 including through the use of environmental and product testing programs and other appropriate means1 including representative testing by manufacturers of infant and toddler foods that are finished products2 and 4 7c7 ,biannual reporting ,section #dah7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;g7h77 is amended by adding at the end the following3 ,the owner1 operator1 or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection 7d71 and verification results under subsection 7f71 with respect to such facility and infant and toddler foods44 #d4 ,infant and toddler food action levels 7a7 ,performance standard guidance documents and regulations ,section #ajd7;b7 of the ,,fda ,food ,safety ,modernization ,act 7#ba ,u4,s4,c4 #bbja7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking reduce the risk of serious illness or death and inserting reduce the risk of serious illness1 including neurological impairment1 or death2 and 7#b7 in paragraph 7#a71 by inserting and toxic elements in infant and toddler foods before the semicolon4 7b7 ,action levels ,section #ajd of the ,,fda ,food ,safety ,modernization ,act 7#ba ,u4,s4,c4 #bbja7 is amended by adding at the end the following3 7e7 ,action levels 7#a7 ,in general ,beginning not later than #a year after the date of enactment of the ,baby ,food ,safety ,act of #bjba1 infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection4 7#b7 ,initial levels ,the initial action levels under this subsection are the following3 ,toxic ,element,action ,level,inorganic arsenic#aj ppb for infant and toddler food 7except cereal7 and #ae ppb for infant and toddler food that is cereal ,cadmium#e ppb for infant and toddler food 7except cereal7 and #aj ppb for infant and toddler food that is cereal ,lead#e ppb for infant and toddler food 7except cereal7 and #aj ppb for infant and toddler food that is cereal ,mercury #b ppb 7#c7 ,interim action levels ,not later than #b years after the date of enactment of the ,baby ,food ,safety ,act of #bjba1 the ,secretary shall-- 7,a7 review relevant health and dietary data2 and 7,b7 by guidance1 lower the initial action levels established by paragraph 7#b7 to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population-level health effects as indicated by the ,secretary's review of relevant health and dietary data4 7#d7 ,final regulatory limits2 periodic review ,the ,secretary shall-- 7,a7 not later than #c years after the date of enactment of the ,baby ,food ,safety ,act of #bjba1 by regulation set regulatory limits lower than the action levels established by paragraphs 7#b7 and 7#c7 to levels protective of infant and toddler neurological development1 taking into account the most sensitive testing available2 and 7,b7 every #e years thereafter-- 7i7 review the levels established under this subsection to consider whether such levels should be lowered further consistent with the standard described in subparagraph 7,a72 and 7ii7 if so1 by regulation so lower such levels4 7#e7 ,toxic elements ,the ,secretary may by guidance or regulation1 as applicable1 establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph 7#b7 if determined by the ,secretary to be appropriate upon review of relevant health and dietary data4 7#f7 ,progress reports ,not later than #a year1 #b years1 and #c years after the date of enactment of the ,baby ,food ,safety ,act of #bjba1 the ,secretary shall submit a report to the ,congress containing-- 7,a7 a summary of progress towards establishing the required levels under this subsection2 7,b7 an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section #dah of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;g7 compared to levels under this subsection2 and 7,c7 an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food4 4 7c7 ,definition ,section #ajd of the ,,fda ,food ,safety ,modernization ,act 7#ba ,u4,s4,c4 #bbja7;b771 as amended by subsections 7a7 and 7b71 is further amended by adding at the end the following3 7f7 ,infant and toddler food defined ,in this section1 the term infant and toddler food has the meaning given to such term in section #bja7ss7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 4 7d7 ,mandatory recall authority ,section #dbc7;a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cejl7a77 is amended-- 7#a7 by striking 7other than infant formula72 and 7#b7 by inserting after animals1 the following3 or the ,secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection 7e7 of section #ajd of the ,,fda ,food ,safety ,modernization ,act14 7e7 ,public awareness campaign ,section #ajji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cii7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 after executing the amendment made by paragraph 7#a71 by inserting after subsection 7g7 the following3 7h7 ,baby food public awareness campaign ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control1 shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food4 4 7f7 ,grants for farming research ,section #dja of the ,,fda ,food ,safety ,modernization ,act 7,public ,law #aaa-cec2 #abd ,stat4 #cifg7 is amended by adding the end the following3 7c7 ,grants for farming research 7#a7 ,in general ,the ,commissioner of ,food and ,drugs shall commission the ,national ,academy of ,sciences 7or1 if the ,national ,academy declines1 another appropriate entity7 to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops4 7#b7 ,authorization of appropriations ,to carry out this subsection1 there is authorized to be appropriated #ej1jjj1jjj4 4