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Feedback in response to HB 1844 I am with the Clean Label Project Baby Coalition, a non-profit trade association comprised of over 20 of the top baby food brands. The brands that participate in the Coalition have been independently testing their products for heavy metals for several years and have demonstrated significantly lower presence of these contaminants compared to other products in the category. The Coalition supports HB 1844, however, it strongly compels the State of Virginia to consider the following: There are two subtle differences that may cause industry difficulty and consumer confusion. It is our hope that you could assist in remedying those differences. Of most importance is the prescriptive language required to be on the product label per the respective legislation. As you can see in the following table; there are subtle differences in the labeling requirements (emphasis added). CA AB 899 § (b)(2)(B)(ii) - “For information about toxic element testing on this product, scan the QR code” VA HB1844 § (E)(1) - “For information about toxic heavy metal testing on this product, scan the QR Code” To be truly compliant in both jurisdictions, a label would effectively have to possess both statements despite the similarity of their intent. Were both statements to be placed on product labels, consumers may find this confusing and a distraction from the intent. The second nuance between the legislations is the duration of heavy metals test results that are to be posted on the manufacturer’s website. The AB 899 requirement is “for the duration of the product shelf life for a final baby food product plus one month…” (§(b)(2)(A)(i)). Whilst HB1844 does not define a termination point, essentially requiring the data to be available in perpetuity. In discussions within the Baby Coalition, there’s no concern on making the results publicly available, but having a termination point makes sense so that consumers can expeditiously locate the information they desire and not be deluged with an immense amount of data that has built up over several years. Therefore, since California AB 899 is one year ahead of the labeling requirements of HB1844, the Clean Label Project Baby Coalition brings this to your attention in hopes that a pursuit of an amendment to the HB1844 legislation could be made to align the language requirements with AB 899 so that product labeling compliance is more likely, effective, and lessen marketplace confusion. The Clean Label Project Baby Coalition is a leading trade group representing baby food and baby product manufacturers, which are at the forefront of transparency, providing healthy alternatives, and driving consumer awareness. We stand ready to assist in any capacity to align these critical legislations and champion the cause for cleaner and healthier foods for the most vulnerable population.

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I am attaching a testimony of my family's experience of my son's lead poisoning by eating contaminated baby food and sharing the importance of testing and labeling baby food to allow parents to make more informed decisions and to help protect one of the most vulnerable populations -- our young children.