Virginia Department of Agriculture and Consumer Services (VDACS) announced new regulations effective Jan. 1, 2026, requiring manufacturers to provide accessible information on heavy metals testing in baby food.
The Baby Food Protection Act, passed by the Virginia General Assembly in 2025 (House Bill 1844, Va. Code § 3.2-5125.1), mandates testing for four toxic elements—lead, arsenic, mercury, and cadmium—and disclosure of results on manufacturers’ websites and via scannable QR codes on certain product labels.
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These heavy metals may occur naturally or accumulate from human activities. The U.S. Food and Drug Administration (FDA) provides guidance and action levels for these toxic elements in food.
Under the new law, baby food products exceeding FDA action levels are banned from manufacture or sale in Virginia. Action levels apply to lead in various fruits, vegetables, mixtures, yogurts, custards, meats, root vegetables, and dry infant cereals, and to arsenic in apple juice.
Baby food products subject to FDA action levels must include a scannable QR code or other machine-readable code on their labels to be sold in Virginia.
All baby food products produced on or after Jan. 1, 2026, and sold, distributed, or offered for sale in Virginia must comply with the law. Products made before that date may still be sold to allow retailers to use existing inventory.
The law defines “baby food product” as foods marketed specifically for babies and children younger than 2 years old, excluding infant formula.
Manufacturers must test representative samples of each production batch for toxic heavy metals at least monthly using proficient laboratories. Test results must be publicly available on the manufacturer’s website for the product’s shelf life plus one month.
When required, a QR code or other scannable code must be placed on each product label, enabling consumers to access test results and FDA guidance related to the product.
VDACS Food Safety Program will enforce the law by reviewing test results, inspecting product labels, and responding to consumer complaints about suspected non-compliant products.
Many companies already comply with similar laws in California (effective January 2024) and Maryland (effective January 2025). VDACS notified retailers, wholesalers, manufacturers, and home-based operations about the Baby Food Protection Act via email on Dec. 16, 2025.