1. Short title This Act may be cited as the Baby Food Safety 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 — (1) means foods intended for infants and children less than two years of age; and (2) includes infant formula. . 3. Toxic elements in infant and toddler 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. Toxic elements in infant and toddler food (a) In general The Secretary, by administrative order— (1) shall establish limits for lead, cadmium, mercury, and inorganic arsenic in infant and toddler food; and (2) if determined by the Secretary to be appropriate upon review of relevant health data and other relevant information, may— (A) establish limits for additional toxic elements in infant and toddler food; and (B) revise limits established pursuant to paragraph (1) or subparagraph (A). (b) Procedure In establishing or revising any limit under subsection (a), the Secretary shall— (1) evaluate relevant health data and other relevant information; (2) take into account relevant differences among infant and toddler food types, groups, or categories, as appropriate, including— (A) the feasibility of achieving the limit based on the food type, group, or category; and (B) the extent to which the level of a toxic element in infant and toddler food is as low as reasonably achievable; and (3) notwithstanding the requirements of subchapter II of chapter 5 of title 5, United States Code, and chapter 6 of title 5, United States Code— (A) publish any administrative order under subsection (a) in the Federal Register following— (i) publication of a proposed order in the Federal Register; and (ii) consideration of comments to a public docket open for no fewer than 45 calendar days