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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 252 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR MOON. |
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6 | 6 | | 1086S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapter 196, RSMo, by adding thereto three new sections relating to required disclosures |
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9 | 9 | | for certain products. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapter 196, RSMo, is amended by add ing thereto 1 |
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13 | 13 | | three new sections, to be known as sections 196.1400, 196.1405, 2 |
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14 | 14 | | and 196.1410, to read as follows:3 |
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15 | 15 | | 196.1400. 1. For purposes of this section, the 1 |
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16 | 16 | | following terms mean: 2 |
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17 | 17 | | (1) "Cosmetic", the same meaning given to the term in 3 |
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18 | 18 | | section 196.010, except that the term "cosmetic" shall 4 |
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19 | 19 | | include soap; 5 |
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20 | 20 | | (2) "Food", the same meaning given to the term in 6 |
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21 | 21 | | section 196.010; 7 |
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22 | 22 | | (3) "Gene therapy product", any product with any 8 |
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23 | 23 | | capacity to alter, interfere with, or otherwise act in any 9 |
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24 | 24 | | manner similar or equivalent to genes; 10 |
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25 | 25 | | (4) "Product", any product that is: 11 |
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26 | 26 | | (a) A food, cosmetic, or other substance intended to 12 |
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27 | 27 | | be ingested, introduced into, or applied to the human body 13 |
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28 | 28 | | or intended to induce physiological effects; and 14 |
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29 | 29 | | (b) Made available for sale in this state to the 15 |
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30 | 30 | | general public at retail. 16 |
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31 | 31 | | 2. Any product that has been created to act as, or 17 |
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32 | 32 | | exposed to processes that could result in the product 18 SB 252 2 |
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33 | 33 | | potentially acting as, a gene therapy or that could 19 |
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34 | 34 | | otherwise possibly impact, alter, or introduce genetic 20 |
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35 | 35 | | material or a genetic change into the user of the product, 21 |
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36 | 36 | | individuals exposed to the product, or individuals exposed 22 |
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37 | 37 | | to others who have used the product shall be conspicuously 23 |
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38 | 38 | | labeled with the words "Potential Gen e Therapy Product" 24 |
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39 | 39 | | unless the product is known to be a gene therapy product. 25 |
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40 | 40 | | Reasonable steps shall be taken to ensure the potential 26 |
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41 | 41 | | purchaser or user of the product is made aware of the 27 |
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42 | 42 | | presence of this label. 28 |
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43 | 43 | | 3. If a product is known to be a g ene therapy product, 29 |
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44 | 44 | | the product shall be conspicuously labeled with the words 30 |
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45 | 45 | | "Gene Therapy Product". 31 |
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46 | 46 | | 4. The provisions of this section shall be liberally 32 |
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47 | 47 | | construed in favor of disclosure of any potential gene 33 |
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48 | 48 | | therapy product. 34 |
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49 | 49 | | 196.1405. 1. For purposes of this section, the 1 |
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50 | 50 | | following terms mean: 2 |
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51 | 51 | | (1) "Expose", transmit to another through skin -to-skin 3 |
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52 | 52 | | contact, sexual activity, droplets or aerosols suspended in 4 |
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53 | 53 | | the air, introduction into the blood supply or food supply, 5 |
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54 | 54 | | or any other means; 6 |
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55 | 55 | | (2) "Genetically modified", the alteration of genetic 7 |
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56 | 56 | | material through modern biotechnology, directed evolution, 8 |
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57 | 57 | | or any other mechanism in a way that does not occur 9 |
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58 | 58 | | naturally or that does not occur at its natural rate. 10 |
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59 | 59 | | 2. Upon the written request of any resident of this 11 |
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60 | 60 | | state, any entity that produces, sells, or distributes a 12 |
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61 | 61 | | product in this state with the capacity to infect an 13 |
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62 | 62 | | individual with a disease or to expose an individual to 14 |
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63 | 63 | | genetically modified material, incl uding, but not limited 15 |
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64 | 64 | | to, vaccines, gene therapies, drugs, and medical 16 SB 252 3 |
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65 | 65 | | interventions, shall provide any and all information related 17 |
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66 | 66 | | to the ways in which individuals who did not directly obtain 18 |
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67 | 67 | | or use such product may be exposed to the product or a 19 |
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68 | 68 | | component of the product. Any product manufacturer, 20 |
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69 | 69 | | government agency, or organization of any type that has an 21 |
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70 | 70 | | interest in the production, sale, or distribution of such 22 |
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71 | 71 | | product shall be subject to the disclosure requirement of 23 |
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72 | 72 | | this section and shall pro vide all relevant reports, 24 |
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73 | 73 | | research, and knowledge upon request under this section. 25 |
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74 | 74 | | 3. Any entity described in subsection 2 of this 26 |
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75 | 75 | | section shall provide the information requested under 27 |
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76 | 76 | | subsection 2 of this section as soon as reasonably 28 |
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77 | 77 | | practicable, but at least within twenty -one days, after 29 |
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78 | 78 | | receipt of the written request to the resident who made the 30 |
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79 | 79 | | request. 31 |
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80 | 80 | | 196.1410. Any entity that makes a product available in 1 |
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81 | 81 | | this state that could infect, transmit to, or be absorbed in 2 |
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82 | 82 | | any individual in any way that would act as a medical 3 |
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83 | 83 | | intervention, vaccine, drug, or genetic modification shall 4 |
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84 | 84 | | obtain fully informed consent from all individuals who could 5 |
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85 | 85 | | be exposed to such product before exposure could occur. 6 |
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86 | 86 | | Fully informed consen t requires, at a minimum, that an 7 |
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87 | 87 | | individual is made aware of all benefits and risks, 8 |
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88 | 88 | | including side effects of the product, any adverse events of 9 |
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89 | 89 | | special interest, and any other reasonably possible impacts 10 |
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90 | 90 | | of the product. 11 |
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91 | 91 | | |
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