1. Short title This Act may be cited as the Improving Newborns’ Food and Nutrition Testing Safety Act of 2023 or the INFANTS Act of 2023 . 2. Definition of infant and toddler food Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (tt) The term infant and toddler food means food which purports to be or is represented as food for children up to 24 months of age, including infant formula. . 3. Contaminants in food Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by adding at the end the following: 425. Sampling and testing for contaminants in food (a) Sampling and testing (1) In general The owner, operator, or agent in charge of a food facility that manufactures or processes food, including infant and toddler food, in final product form intended for sale to consumers shall— (A) collect representative samples of each such food; and (B) conduct testing of the samples for contaminants, including toxic elements. (2) Requirement for sampling plan (A) In general The owner, operator, or agent in charge of a facility described in paragraph (1) shall— (i) prepare a written sampling plan for all sampling and testing required under this section; and (ii) ensure that all sampling and testing conducted under this section is conducted in accordance with the sampling plan. (B) Requirements A sampling plan under subparagraph (A) shall identify— (i) the number of sampling units and sample unit size based upon appropriate criteria for identifying, in a representative fashion, the levels of contaminants in each food