0044S.05C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 149
AN ACT
To repeal sections 196.050 and 196.075, RSMo, and to
enact in lieu thereof two new sections relating to
food labeling.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 196.050 and 196.075, RSMo, are
repealed and two new sections enacted in lieu thereof, to be
known as sections 196.050 and 196.075, to read as follows:
196.050. 1. Unless otherwise provided for in sections
196.010 to 196.120, in no event shall the said department of
health and senior services prescribe or promulgate any
regulation fixing or establishing any definitions or
standards which are more rigid or more stringent than those
prescribed by the federal act applying to any commodity
covered by sections 196.010 to 196.120 and if any product or
commodity covered by said sections shall comply with the
definitions and standards prescribed by the federal act for
such product or commodity, such product or commodity shal l
be deemed in all respects to comply with sections 196.010 to
196.120.
2. In addition to any federal or state law or
regulation fixing or establishing any definitions or
standards for such products or commodities, the department
shall promulgate rules and regulations governing human food
and beverage product labels when such products are offered
for sale in this state regarding the following:
(1) A standardized front -of-package labeling system
designed to provide consumers with easy acc ess to product
information to make informed purchasing decisions, including
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when such products contain high levels of sodium, added
sugars, calories, or saturated fats, as determined by the
department;
(2) Clearly marked common allergens, gluten -containing
grains, and levels of caffeine exceeding more than ten
milligrams of caffeine per serving;
(3) Requirements that products using imagery of fruits
and vegetables or claims of "whole grains", "multigrains",
or "wheat" in package or produ ct marketing shall disclose on
the product label, in a standardized format, the percentage
of such grains, fruits, or vegetables present in the
product; and
(4) A waiver of any requirement to place product
information on the product label if the product bears a
quick response code that provides purchasers the required
information under this section. The quick response code
shall either be on the product's packaging or at the point
of sale.
Such rules and regulations may be more rigid or strin gent
than those prescribed by federal law to the extent necessary
to carry out the duties prescribed in this section.
Beverage products governed by the provisions of 27 U.S.C.
shall be exempt from the provisions of this subsection or
subdivision (12) of subsection 1 of section 196.075.
196.075. 1. A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any
particular;
(2) If it is offered for sale under the name of
another food;
(3) If it is an imitation of another food, unless its
label bears, in type of uniform size and prominence, the
word, "imitation", and, immediately thereafter, the name of
the food imitated;
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(4) If its container is so made, formed or filled as
to be misleading;
(5) If in package form, unless it bears a label
containing:
(a) The name and place of business of the
manufacturer, packer or distributor;
(b) An accurate statement of the quantity of the
contents in terms of weight, measure , or numerical count;
provided, that under [clause (b) of] this [subdivision]
paragraph reasonable variations shall be permitted, and
exemptions as to small packages shall be established, by
regulations prescribed by the department of health and
senior services;
(6) If any word, statement, or other information
required by or under authority of sections 196.010 to
196.120 to appear on the label or labeling is not
prominently placed thereon with such conspicuousness, as
compared with other word s, statements, designs, or devices,
in the labeling, and in such terms as to render it likely to
be read and understood by the ordinary individual under
customary conditions of purchase and use;
(7) If it purports to be or is represented as a food
for which a definition and standard of identity has been
prescribed by regulations as provided by section 196.050,
unless it conforms to such definition and standard, and its
label bears the name of the food specified in the definition
and standard, and, insofar as may be required by such
regulations, the common names of optional ingredients, other
than spices, flavoring, and coloring, present in such food;
(8) If it purports to be or is represented as:
(a) A food for which a standard of quality has been
prescribed by regulations as provided by section 196.050 and
its quality falls below such standard unless its label
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bears, in such manner and form as such regulations specify,
a statement that it falls below such standard;
(b) A food for which a standard or standards of fill
of container have been prescribed by regulation as provided
by section 196.050, and it falls below the standard of fill
of container applicable thereto, unless its label bears, in
such manner and form as such regulations specify, a
statement that it falls below such standard;
(9) If it is not subject to the provisions of
subdivision (7) of this section, unless it bears labeling
clearly giving:
(a) The common or usual name of the food, if any there
be; and
(b) In case it is fabricated from two or more
ingredients, the common or usual name of each such
ingredient, except that spices, flavorings, and colorings,
other than those sold as such, may be designated as spices,
flavorings, and colorings, without naming each; provided,
that, to the extent that compliance with the requirements of
[paragraph (b) of] this [subdivision] paragraph is
impractical or results in deception or unfair competition,
exemptions shall be established by re gulations promulgated
by the department of health and senior services; provided
further, that the requirements of [paragraph (b) of] this
[subdivision] paragraph shall not apply to any carbonated
beverage the ingredients of which have been fully and
correctly disclosed, to the extent prescribed by [said] this
paragraph [(b)] to the department of health and senior
services in an affidavit;
(10) If it purports to be or is represented for
special dietary uses, unless its label bears such
information concerning its vitamin, mineral, and other
dietary properties as the department of health and senior
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services determines to be, and by regulations prescribed, as
necessary in order to fully inform purchasers as to its
value for such uses;
(11) If it bears or contains any artificial flavoring,
coloring, or chemical preservative, unless it bears labeling
stating that fact; provided, that to the extent that
compliance with the requirements of this subdivision is
impracticable, exemptions sha ll be established by
regulations promulgated by the department of health and
senior services; and provided further, that this subdivision
[(11)] shall not apply to artificial coloring in butter,
cheese or ice cream;
(12) If it bears or contains a ny bioengineered
substance, as such term is defined in 7 CFR 66.1, or
advertises or claims to contain natural flavoring, as such
term is defined in 21 CFR 101.22, unless it bears labeling
containing a website link, quick -response code, or similar
resource identifying the bioengineered substance or specific
natural flavoring, notwithstanding the provisions of
paragraph (b) of subdivision (9) of this subsection to the
contrary;
(13) If it is a fruit or vegetable bearing or
containing any edible coating, including any wax, resin,
ester, or other compound regulated by 21 CFR 172, unless the
label of such food or any display placed at the point of
sale for such food contains a disclosure of such coating or
a website link, quick -response code, or similar resource
directs the consumer to such disclosure; or
(14) If it contains, in whole or in part, cell -
cultivated, lab-grown, or insect-based meat or meat
alternatives, unless such product is clearly labeled on the
front of the package, in at least fifteen-point uniform bold
type, "LAB-CREATED" OR "INSECT-BASED" or a comparable
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qualifier determined by the department in rule. A product
package determined to be in compliance with comparable
regulations promulgated by the department of ag riculture
implementing the provisions of subdivision (7) of section
265.494 shall satisfy the requirements of this subdivision.
2. The department is hereby directed to promulgate
regulations exempting from any labeling requirement of
sections 196.010 to 196.120 small open containers of fresh
fruits and vegetables and food which is, in accordance with
the practice of the trade, to be processed, labeled, or
repacked in substantial quantities at establishments other
than those where originally pr ocessed or packed, on
condition that such food is not adulterated or misbranded
under the provisions of said sections upon removal from such
processing, labeling or repackaging establishment.