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Missouri Senate Bill SB149

Missouri 2025 Regular Session

Missouri Senate Bill SB149 Compare Versions

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1-0044S.05C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
1+
2+EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3+and is intended to be omitted in the law.
4+FIRST REGULAR SESSION
55 SENATE BILL NO. 149
6+103RD GENERAL ASSEMBLY
7+INTRODUCED BY SENATOR CARTER.
8+0044S.02I KRISTINA MARTIN, Secretary
69 AN ACT
7-To repeal sections 196.050 and 196.075, RSMo, and to
8-enact in lieu thereof two new sections relating to
9-food labeling.
10+To repeal sections 196.025, 196.050, and 196.075, RSMo, and to enact in lieu thereof three new
11+sections relating to food labeling, with penalty provisions.
1012
1113 Be it enacted by the General Assembly of the State of Missouri, as follows:
12- Section A. Sections 196.050 and 196.075, RSMo, are
13-repealed and two new sections enacted in lieu thereof, to be
14-known as sections 196.050 and 196.075, to read as follows:
15- 196.050. 1. Unless otherwise provided for in sections
16-196.010 to 196.120, in no event shall the said department of
17-health and senior services prescribe or promulgate any
18-regulation fixing or establishing any definitions or
19-standards which are more rigid or more stringent than those
20-prescribed by the federal act applying to any commodity
21-covered by sections 196.010 to 196.120 and if any product or
22-commodity covered by said sections shall comply with the
23-definitions and standards prescribed by the federal act for
24-such product or commodity, such product or commodity shal l
25-be deemed in all respects to comply with sections 196.010 to
26-196.120.
27- 2. In addition to any federal or state law or
28-regulation fixing or establishing any definitions or
29-standards for such products or commodities, the department
30-shall promulgate rules and regulations governing human food
31-and beverage product labels when such products are offered
32-for sale in this state regarding the following:
33- (1) A standardized front -of-package labeling system
34-designed to provide consumers with easy acc ess to product
35-information to make informed purchasing decisions, including
36- 2
37-when such products contain high levels of sodium, added
38-sugars, calories, or saturated fats, as determined by the
39-department;
40- (2) Clearly marked common allergens, gluten -containing
41-grains, and levels of caffeine exceeding more than ten
42-milligrams of caffeine per serving;
43- (3) Requirements that products using imagery of fruits
44-and vegetables or claims of "whole grains", "multigrains",
45-or "wheat" in package or produ ct marketing shall disclose on
46-the product label, in a standardized format, the percentage
47-of such grains, fruits, or vegetables present in the
48-product; and
49- (4) A waiver of any requirement to place product
50-information on the product label if the product bears a
51-quick response code that provides purchasers the required
52-information under this section. The quick response code
53-shall either be on the product's packaging or at the point
54-of sale.
55-Such rules and regulations may be more rigid or strin gent
56-than those prescribed by federal law to the extent necessary
57-to carry out the duties prescribed in this section.
58-Beverage products governed by the provisions of 27 U.S.C.
59-shall be exempt from the provisions of this subsection or
60-subdivision (12) of subsection 1 of section 196.075.
61- 196.075. 1. A food shall be deemed to be misbranded:
62- (1) If its labeling is false or misleading in any
63-particular;
64- (2) If it is offered for sale under the name of
65-another food;
66- (3) If it is an imitation of another food, unless its
67-label bears, in type of uniform size and prominence, the
68-word, "imitation", and, immediately thereafter, the name of
69-the food imitated;
70- 3
71- (4) If its container is so made, formed or filled as
72-to be misleading;
73- (5) If in package form, unless it bears a label
74-containing:
75- (a) The name and place of business of the
76-manufacturer, packer or distributor;
77- (b) An accurate statement of the quantity of the
78-contents in terms of weight, measure , or numerical count;
79-provided, that under [clause (b) of] this [subdivision]
80-paragraph reasonable variations shall be permitted, and
81-exemptions as to small packages shall be established, by
82-regulations prescribed by the department of health and
83-senior services;
84- (6) If any word, statement, or other information
85-required by or under authority of sections 196.010 to
86-196.120 to appear on the label or labeling is not
87-prominently placed thereon with such conspicuousness, as
88-compared with other word s, statements, designs, or devices,
89-in the labeling, and in such terms as to render it likely to
90-be read and understood by the ordinary individual under
91-customary conditions of purchase and use;
92- (7) If it purports to be or is represented as a food
93-for which a definition and standard of identity has been
94-prescribed by regulations as provided by section 196.050,
95-unless it conforms to such definition and standard, and its
96-label bears the name of the food specified in the definition
97-and standard, and, insofar as may be required by such
98-regulations, the common names of optional ingredients, other
99-than spices, flavoring, and coloring, present in such food;
100- (8) If it purports to be or is represented as:
101- (a) A food for which a standard of quality has been
102-prescribed by regulations as provided by section 196.050 and
103-its quality falls below such standard unless its label
104- 4
105-bears, in such manner and form as such regulations specify,
106-a statement that it falls below such standard;
107- (b) A food for which a standard or standards of fill
108-of container have been prescribed by regulation as provided
109-by section 196.050, and it falls below the standard of fill
110-of container applicable thereto, unless its label bears, in
111-such manner and form as such regulations specify, a
112-statement that it falls below such standard;
113- (9) If it is not subject to the provisions of
114-subdivision (7) of this section, unless it bears labeling
115-clearly giving:
116- (a) The common or usual name of the food, if any there
117-be; and
118- (b) In case it is fabricated from two or more
119-ingredients, the common or usual name of each such
120-ingredient, except that spices, flavorings, and colorings,
121-other than those sold as such, may be designated as spices,
122-flavorings, and colorings, without naming each; provided,
123-that, to the extent that compliance with the requirements of
124-[paragraph (b) of] this [subdivision] paragraph is
125-impractical or results in deception or unfair competition,
126-exemptions shall be established by re gulations promulgated
127-by the department of health and senior services; provided
128-further, that the requirements of [paragraph (b) of] this
129-[subdivision] paragraph shall not apply to any carbonated
130-beverage the ingredients of which have been fully and
131-correctly disclosed, to the extent prescribed by [said] this
132-paragraph [(b)] to the department of health and senior
133-services in an affidavit;
134- (10) If it purports to be or is represented for
135-special dietary uses, unless its label bears such
136-information concerning its vitamin, mineral, and other
137-dietary properties as the department of health and senior
138- 5
139-services determines to be, and by regulations prescribed, as
140-necessary in order to fully inform purchasers as to its
141-value for such uses;
142- (11) If it bears or contains any artificial flavoring,
143-coloring, or chemical preservative, unless it bears labeling
144-stating that fact; provided, that to the extent that
145-compliance with the requirements of this subdivision is
146-impracticable, exemptions sha ll be established by
147-regulations promulgated by the department of health and
148-senior services; and provided further, that this subdivision
149-[(11)] shall not apply to artificial coloring in butter,
150-cheese or ice cream;
151- (12) If it bears or contains a ny bioengineered
152-substance, as such term is defined in 7 CFR 66.1, or
153-advertises or claims to contain natural flavoring, as such
154-term is defined in 21 CFR 101.22, unless it bears labeling
155-containing a website link, quick -response code, or similar
156-resource identifying the bioengineered substance or specific
157-natural flavoring, notwithstanding the provisions of
158-paragraph (b) of subdivision (9) of this subsection to the
159-contrary;
160- (13) If it is a fruit or vegetable bearing or
161-containing any edible coating, including any wax, resin,
162-ester, or other compound regulated by 21 CFR 172, unless the
163-label of such food or any display placed at the point of
164-sale for such food contains a disclosure of such coating or
165-a website link, quick -response code, or similar resource
166-directs the consumer to such disclosure; or
167- (14) If it contains, in whole or in part, cell -
168-cultivated, lab-grown, or insect-based meat or meat
169-alternatives, unless such product is clearly labeled on the
170-front of the package, in at least fifteen-point uniform bold
171-type, "LAB-CREATED" OR "INSECT-BASED" or a comparable
172- 6
173-qualifier determined by the department in rule. A product
174-package determined to be in compliance with comparable
175-regulations promulgated by the department of ag riculture
176-implementing the provisions of subdivision (7) of section
177-265.494 shall satisfy the requirements of this subdivision.
178- 2. The department is hereby directed to promulgate
179-regulations exempting from any labeling requirement of
180-sections 196.010 to 196.120 small open containers of fresh
181-fruits and vegetables and food which is, in accordance with
182-the practice of the trade, to be processed, labeled, or
183-repacked in substantial quantities at establishments other
184-than those where originally pr ocessed or packed, on
185-condition that such food is not adulterated or misbranded
186-under the provisions of said sections upon removal from such
187-processing, labeling or repackaging establishment.
14+ Section A. Sections 196.025, 196.050, and 196.075, RSMo, 1
15+are repealed and three new sections enacted in lieu thereof, to 2
16+be known as sections 196.025, 196.050, and 196.075, to read as 3
17+follows:4
18+ 196.025. 1. Any person who violates any of the 1
19+provisions of section 196.015 shall, on conviction, be 2
20+adjudged guilty of a misdemeanor, and punished by a fine of 3
21+[not more than] one thousand dollars for each incident or 4
22+for each prohibited product offered for sale in Missouri , or 5
23+imprisonment for not more than one year , or by both such 6
24+fine and imprisonment. 7
25+ 2. No person shall be subject to the penalties of 8
26+subsection 1 of this sect ion for having violated subdivision 9
27+(1) or (3) of section [196.015(1) or 196.015(3) ] 196.015, if 10
28+he establishes a guaranty or undertaking signed by the 11
29+person from whom he purchased the food, drug, device, or 12
30+cosmetic; if a resident of this state, that the food, drug, 13
31+device, or cosmetic is not adulterated or misbranded within 14
32+the meaning of sections 196.010 to 196.120, designating it, 15
33+or, if a nonresident of this state residing in the United 16
34+States, or a resident of this state engaged in interstate 17 SB 149 2
35+commerce with reference to the product involved, that the 18
36+food, drug, device, or cosmetic is not adulterated or 19
37+misbranded within the meaning of an act of congress entitled 20
38+"An act to prohibit the movement in interstate commerce of 21
39+adulterated and misbranded food, drugs, devices, and 22
40+cosmetics, and for other purposes" approved June 25, 1938, 23
41+and the supplements and amendments thereto. 24
42+ 3. No publisher, radio broadcast licensee, or agency 25
43+or medium for the dissemination of an advertisement, exc ept 26
44+the manufacturer, packer, distributor, or seller of the 27
45+article to which a false advertisement relates shall be 28
46+liable under this section by reason of the dissemination by 29
47+him of such false advertisement, unless he has refused, on 30
48+the request of the department of health and senior services 31
49+to furnish the said department the name and post -office 32
50+address of the manufacturer, packer, distributor, seller, or 33
51+advertising agency, residing in the state of Missouri, or in 34
52+the United States, who caused him to disseminate such 35
53+advertisement. 36
54+ 196.050. 1. Unless otherwise provided for in sections 1
55+196.010 to 196.120, in no event shall the said department of 2
56+health and senior services prescribe or promulgate any 3
57+regulation fixing or e stablishing any definitions or 4
58+standards which are more rigid or more stringent than those 5
59+prescribed by the federal act applying to any commodity 6
60+covered by sections 196.010 to 196.120 and if any product or 7
61+commodity covered by said sections shall com ply with the 8
62+definitions and standards prescribed by the federal act for 9
63+such product or commodity, such product or commodity shall 10
64+be deemed in all respects to comply with sections 196.010 to 11
65+196.120. 12 SB 149 3
66+ 2. In addition to any federal or state law o r 13
67+regulation fixing or establishing any definitions or 14
68+standards for such products or commodities, the department 15
69+shall promulgate rules and regulations governing human food 16
70+and beverage product labels when such products are offered 17
71+for sale in this state regarding the following: 18
72+ (1) A standardized front -of-package labeling system 19
73+designed to provide consumers with easy access to product 20
74+information to make informed purchasing decisions, including 21
75+when such products contain high levels of sodi um, added 22
76+sugars, calories, or saturated fats, as determined by the 23
77+department; 24
78+ (2) Clearly marked common allergens, gluten -containing 25
79+grains, and levels of caffeine exceeding more than ten 26
80+milligrams of caffeine per serving; and 27
81+ (3) Requirements that products using imagery of fruits 28
82+and vegetables or claims of "whole grains", "multigrains", 29
83+or "wheat" in package or product marketing shall disclose on 30
84+the product label, in a standardized format, the percentage 31
85+of such grains, fruits, or vegetables present in the product. 32
86+Such rules and regulations may be more rigid or stringent 33
87+than those prescribed by federal law to the extent necessary 34
88+to carry out the duties prescribed in this section. 35
89+ 196.075. 1. A food shall be deemed to be misbranded: 1
90+ (1) If its labeling is false or misleading in any 2
91+particular; 3
92+ (2) If it is offered for sale under the name of 4
93+another food; 5
94+ (3) If it is an imitation of another food, unless its 6
95+label bears, in type of uniform size and prominence, the 7 SB 149 4
96+word, "imitation", and, immediately thereafter, the name of 8
97+the food imitated; 9
98+ (4) If its container is so made, formed or filled as 10
99+to be misleading; 11
100+ (5) If in package form, unless it bears a label 12
101+containing: 13
102+ (a) The name and place of business of the 14
103+manufacturer, packer or distributor; 15
104+ (b) An accurate statement of the quantity of the 16
105+contents in terms of weight, measure, or numerical count; 17
106+provided, that under [clause (b) of] this [subdivision] 18
107+paragraph reasonable variations shall be permitted, and 19
108+exemptions as to small packages shall be established, by 20
109+regulations prescribed by the department of health and 21
110+senior services; 22
111+ (6) If any word, statement, or other information 23
112+required by or under authority of sections 196.010 to 24
113+196.120 to appear on the label or labeling is not 25
114+prominently placed thereon with such conspicuousness, as 26
115+compared with other words, statements, designs, or devices, 27
116+in the labeling, and in such terms as to rend er it likely to 28
117+be read and understood by the ordinary individual under 29
118+customary conditions of purchase and use; 30
119+ (7) If it purports to be or is represented as a food 31
120+for which a definition and standard of identity has been 32
121+prescribed by regulati ons as provided by section 196.050, 33
122+unless it conforms to such definition and standard, and its 34
123+label bears the name of the food specified in the definition 35
124+and standard, and, insofar as may be required by such 36
125+regulations, the common names of optional ingredients, other 37
126+than spices, flavoring, and coloring, present in such food; 38
127+ (8) If it purports to be or is represented as: 39 SB 149 5
128+ (a) A food for which a standard of quality has been 40
129+prescribed by regulations as provided by section 196.050 and 41
130+its quality falls below such standard unless its label 42
131+bears, in such manner and form as such regulations specify, 43
132+a statement that it falls below such standard; 44
133+ (b) A food for which a standard or standards of fill 45
134+of container have been prescribed by regulation as provided 46
135+by section 196.050, and it falls below the standard of fill 47
136+of container applicable thereto, unless its label bears, in 48
137+such manner and form as such regulations specify, a 49
138+statement that it falls below such standard; 50
139+ (9) If it is not subject to the provisions of 51
140+subdivision (7) of this section, unless it bears labeling 52
141+clearly giving: 53
142+ (a) The common or usual name of the food, if any there 54
143+be; and 55
144+ (b) In case it is fabricated from two or more 56
145+ingredients, the common or usual name of each such 57
146+ingredient, except that spices, flavorings, and colorings, 58
147+other than those sold as such, may be designated as spices, 59
148+flavorings, and colorings, without naming each; provided, 60
149+that, to the extent that compliance w ith the requirements of 61
150+[paragraph (b) of] this [subdivision] paragraph is 62
151+impractical or results in deception or unfair competition, 63
152+exemptions shall be established by regulations promulgated 64
153+by the department of health and senior services; provided 65
154+further, that the requirements of [paragraph (b) of] this 66
155+[subdivision] paragraph shall not apply to any carbonated 67
156+beverage the ingredients of which have been fully and 68
157+correctly disclosed, to the extent prescribed by [said] this 69
158+paragraph [(b)] to the department of health and senior 70
159+services in an affidavit; 71 SB 149 6
160+ (10) If it purports to be or is represented for 72
161+special dietary uses, unless its label bears such 73
162+information concerning its vitamin, mineral, and other 74
163+dietary properties as the departm ent of health and senior 75
164+services determines to be, and by regulations prescribed, as 76
165+necessary in order to fully inform purchasers as to its 77
166+value for such uses; 78
167+ (11) If it bears or contains any artificial flavoring, 79
168+coloring, or chemical preser vative, unless it bears labeling 80
169+stating that fact; provided, that to the extent that 81
170+compliance with the requirements of this subdivision is 82
171+impracticable, exemptions shall be established by 83
172+regulations promulgated by the department of health and 84
173+senior services; and provided further, that this subdivision 85
174+[(11)] shall not apply to artificial coloring in butter, 86
175+cheese or ice cream; 87
176+ (12) If it bears or contains any bioengineered 88
177+substance, as such term is defined in 7 CFR 66.1, or 89
178+advertises or claims to contain natural flavoring, as such 90
179+term is defined in 21 CFR 101.22, unless it bears labeling 91
180+containing a website link, quick -response code, or similar 92
181+resource identifying the bioengineered substance or specific 93
182+natural flavoring, notwi thstanding the provisions of 94
183+paragraph (b) of subdivision (9) of this subsection to the 95
184+contrary; 96
185+ (13) If it is a fruit or vegetable bearing or 97
186+containing any edible coating, including any wax, resin, 98
187+ester, or other compound regulated by 21 CFR 172, unless the 99
188+label of such food or any display placed at the point of 100
189+sale for such food contains a disclosure of such coating or 101
190+a website link, quick -response code, or similar resource 102
191+directs the consumer to such disclosure; 103 SB 149 7
192+ (14) If it contains, in whole or in part, cell - 104
193+cultivated, lab-grown, or insect-based meat or meat 105
194+alternatives, unless such product is clearly labeled on the 106
195+front of the package, in at least fifteen -point uniform bold 107
196+type, "LAB-CREATED" OR "INSECT-BASED" or a comparable 108
197+qualifier determined by the department in rule. A product 109
198+package determined to be in compliance with comparable 110
199+regulations promulgated by the department of agriculture 111
200+implementing the provisions of subdivision (7) of section 112
201+265.494 shall satisfy the requirements of this subdivision; 113
202+or 114
203+ (15) If it contains, in whole or in part, meat food 115
204+products derived from an animal vaccinated with a messenger 116
205+ribonucleic acid-based vaccine, unless the product packaging 117
206+states, in at least fifte en-point uniform bold type, "MRNA 118
207+VACCINATED". 119
208+ 2. The department is hereby directed to promulgate 120
209+regulations exempting from any labeling requirement of 121
210+sections 196.010 to 196.120 small open containers of fresh 122
211+fruits and vegetables and food whi ch is, in accordance with 123
212+the practice of the trade, to be processed, labeled, or 124
213+repacked in substantial quantities at establishments other 125
214+than those where originally processed or packed, on 126
215+condition that such food is not adulterated or misbranded 127
216+under the provisions of said sections upon removal from such 128
217+processing, labeling or repackaging establishment. 129
218+