The Virginia Food and Drink Law (Va. Code § 3.2-5100 et seq.) authorizes the Virginia Department of Agriculture and Consumer Services (VDACS) to permit and inspect food manufacturers in the Commonwealth of Virginia. Chapter 693 of the 2025 Acts of Assembly amended the Food and Drink Law to add Section 3.2-5125.1, which prescribes testing and labeling requirements for baby food products sold in Virginia (Appendix A). These requirements take effect on January 1, 2026.

Chapter 693 also directed VDACS to convene a work group to study and make recommendations on the current enforcement of laws related to the use of toxic heavy metals in baby food products and any further action needed to address the presence of toxic heavy metals in baby food products. Chapter 693 further directed VDACS to include in the work group a representative from VDACS, a representative from the Virginia Department of Health (VDH), one member of the House of Delegates, one member from the Senate, one manufacturer of baby food products, and any other relevant stakeholders. A work group meeting was held on October 6, 2025, with the required work group members and additional stakeholders. As a result of this work group, VDACS developed and distributed a Frequently Asked Questions document, geared towards industry, to provide information regarding the new requirements related to baby food products.

Work Group Attendees

Delegate Michelle Maldonado, Virginia House of Delegates
Senator Barbara Favola, Senate of Virginia
Joseph Guthrie, Commissioner of Agriculture and Consumer Services
Dr. Charles Broaddus, Director, Division of Animal and Food Industry Services, VDACS
Pam Miles, Program Manager, Office of Dairy and Foods, VDACS
Rashelly Bland, Food Safety Manager, VDACS
Karen Bergin, Food Safety Manager, VDACS
Travis Smiley, Executive Director, Virginia Food Industry Association
Julie Henderson, Director, Office of Environmental Health Services, VDH
Ezzahra Matthews, VP Applesauce, Baby Food, and Nutrition, Andros Bowman Products
Laramie LeLairstre, Compliance and Regulatory Manager, Andros Bowman Products
Hilary Thesmar, Chief Science Officer, SVP Food and Product Safety, Food Marketing Institute
Emma Bryan, Corporate and Government Affairs, Nestle
Sydney Hand, Government Affairs, Food Lion
Kimberly Siomkos, Publix
Dr. Dwight Flammia, State Public Health Toxicologist, VDH
Meagan Musick, Food Technical Specialist, VDACS
Matthew Koranek, Regional Manager, VDACS