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Committee pauses on including infant formula in baby‑food bill; staff to restore exemption
Summary
After hearing a manufacturer letter and testimony, the committee concluded it currently lacked a majority to include infant formula in H536 and directed counsel to restore an exemption and revisit the issue when regulatory clarity (FDA/other states) improves.
The House Agriculture Committee discussed H536, a bill addressing contaminants in baby food, and decided not to proceed with including infant formula in the current draft. Members cited supply‑chain concerns, the presence of a local formula manufacturer, and uncertainty about forthcoming federal action as reasons to delay including formula in this session’s version.
Representative Nelson introduced the item and noted the committee received a letter from a manufacturer based in Franklin County. Representative Boston urged caution about adding infant formula now but favored stating the policy preference and setting a long implementation timeline: "I would lean towards keeping it in but having the implement date be far enough out that if we need to change our mind ... we can do that at the end of the next biennium," Boston said, arguing that a delayed effective date would preserve policy signal while allowing flexibility.
Other members raised the risk that a single‑state requirement could prompt some manufacturers to withdraw from the market and create a local supply shortage. Counsel and members discussed mechanisms to avoid that outcome, including delaying the effective date to 2028 or 2029, giving the health commissioner emergency authority, or crafting language that ties implementation to comparable action in another state. Ledge counsel cautioned that tying the statute to action in another state is possible but requires careful drafting to ensure the text functions as intended.
On balance, the committee said it did not have a majority comfortable including infant formula in H536 at this time. The chair asked legislative counsel to restore an exemption for formula in the current bill and post a revised draft; members signaled they could revisit the issue next session if federal guidance or other states' actions change the context.
The committee did not take a formal roll‑call vote on H536 at this meeting; staff were directed to post materials and follow up with stakeholders and counsel for further drafting.
