Missouri 2025 Regular Session

Missouri Senate Bill SB319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 319
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR SCHROER.
8	8	0391S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 196.025, 196.050, and 196.075, RSMo, and to enact in lieu thereof three new
11	11	sections relating to food labeling, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 196.025, 196.050, and 196.075, RSMo, 1
15	15	are repealed and three new sections enacted in lieu thereof, to 2
16	16	be known as sections 196.025, 196.050, and 196.075, to read as 3
17	17	follows:4
18	18	196.025. 1. Any person who violates any of the 1
19	19	provisions of section 196.015 shall, on conviction, be 2
20	20	adjudged guilty of a misdemeanor, and punished by a fine of 3
21	21	[not more than] one thousand dollars for each incident or 4
22	22	for each prohibited product offered for sale in Missouri , or 5
23	23	imprisonment for not more than one year , or by both such 6
24	24	fine and imprisonment. 7
25	25	2. No person shall be subject to the penalties of 8
26	26	subsection 1 of this sect ion for having violated subdivision 9
27	27	(1) or (3) of section [196.015(1) or 196.015(3) ] 196.015, if 10
28	28	he establishes a guaranty or undertaking signed by the 11
29	29	person from whom he purchased the food, drug, device, or 12
30	30	cosmetic; if a resident of this state, that the food, drug, 13
31	31	device, or cosmetic is not adulterated or misbranded within 14
32	32	the meaning of sections 196.010 to 196.120, designating it, 15
33	33	or, if a nonresident of this state residing in the United 16
34	34	States, or a resident of this state engaged in interstate 17 SB 319 2
35	35	commerce with reference to the product involved, that the 18
36	36	food, drug, device, or cosmetic is not adulterated or 19
37	37	misbranded within the meaning of an act of congress entitled 20
38	38	"An act to prohibit the movement in interstate commerce of 21
39	39	adulterated and misbranded food, drugs, devices, and 22
40	40	cosmetics, and for other purposes" approved June 25, 1938, 23
41	41	and the supplements and amendments thereto. 24
42	42	3. No publisher, radio broadcast licensee, or agency 25
43	43	or medium for the dissemination of an advertisement, exc ept 26
44	44	the manufacturer, packer, distributor, or seller of the 27
45	45	article to which a false advertisement relates shall be 28
46	46	liable under this section by reason of the dissemination by 29
47	47	him of such false advertisement, unless he has refused, on 30
48	48	the request of the department of health and senior services 31
49	49	to furnish the said department the name and post -office 32
50	50	address of the manufacturer, packer, distributor, seller, or 33
51	51	advertising agency, residing in the state of Missouri, or in 34
52	52	the United States, who caused him to disseminate such 35
53	53	advertisement. 36
54	54	196.050. Unless otherwise provided for in sections 1
55	55	196.010 to 196.120, in no event shall the said department of 2
56	56	health and senior services prescribe or promulgate any 3
57	57	regulation fixing or estab lishing any definitions or 4
58	58	standards which are more rigid or more stringent than those 5
59	59	prescribed by the federal act applying to any commodity 6
60	60	covered by sections 196.010 to 196.120 and if any product or 7
61	61	commodity covered by said sections shall comply with the 8
62	62	definitions and standards prescribed by the federal act for 9
63	63	such product or commodity, such product or commodity shall 10
64	64	be deemed in all respects to comply with sections 196.010 to 11
65	65	196.120. 12
66	66	196.075. 1. A food shall be deeme d to be misbranded: 1 SB 319 3
67	67	(1) If its labeling is false or misleading in any 2
68	68	particular; 3
69	69	(2) If it is offered for sale under the name of 4
70	70	another food; 5
71	71	(3) If it is an imitation of another food, unless its 6
72	72	label bears, in type of uniform size and prominence, the 7
73	73	word, "imitation", and, immediately thereafter, the name of 8
74	74	the food imitated; 9
75	75	(4) If its container is so made, formed or filled as 10
76	76	to be misleading; 11
77	77	(5) If in package form, unless it bears a label 12
78	78	containing: 13
79	79	(a) The name and place of business of the 14
80	80	manufacturer, packer or distributor; 15
81	81	(b) An accurate statement of the quantity of the 16
82	82	contents in terms of weight, measure, or numerical count; 17
83	83	provided, that under [clause (b) of] this [subdivision] 18
84	84	paragraph reasonable variations shall be permitted, and 19
85	85	exemptions as to small packages shall be established, by 20
86	86	regulations prescribed by the department of health and 21
87	87	senior services; 22
88	88	(6) If any word, statement, or other information 23
89	89	required by or under authority of sections 196.010 to 24
90	90	196.120 to appear on the label or labeling is not 25
91	91	prominently placed thereon with such conspicuousness, as 26
92	92	compared with other words, statements, designs, or devices, 27
93	93	in the labeling, and in such terms as to render it likely to 28
94	94	be read and understood by the ordinary individual under 29
95	95	customary conditions of purchase and use; 30
96	96	(7) If it purports to be or is represented as a food 31
97	97	for which a definition and standard of identity has been 32
98	98	prescribed by regulations as provided by section 196.050, 33 SB 319 4
99	99	unless it conforms to such definition and standard, and its 34
100	100	label bears the name of the food specified in the definition 35
101	101	and standard, and, insofar as may be required by such 36
102	102	regulations, the common names of optional ingre dients, other 37
103	103	than spices, flavoring, and coloring, present in such food; 38
104	104	(8) If it purports to be or is represented as: 39
105	105	(a) A food for which a standard of quality has been 40
106	106	prescribed by regulations as provided by section 196.050 and 41
107	107	its quality falls below such standard unless its label 42
108	108	bears, in such manner and form as such regulations specify, 43
109	109	a statement that it falls below such standard; 44
110	110	(b) A food for which a standard or standards of fill 45
111	111	of container have been prescribed by re gulation as provided 46
112	112	by section 196.050, and it falls below the standard of fill 47
113	113	of container applicable thereto, unless its label bears, in 48
114	114	such manner and form as such regulations specify, a 49
115	115	statement that it falls below such standard; 50
116	116	(9) If it is not subject to the provisions of 51
117	117	subdivision (7) of this section, unless it bears labeling 52
118	118	clearly giving: 53
119	119	(a) The common or usual name of the food, if any there 54
120	120	be; and 55
121	121	(b) In case it is fabricated from two or more 56
122	122	ingredients, the common or usual name of each such 57
123	123	ingredient, except that spices, flavorings, and colorings, 58
124	124	other than those sold as such, may be designated as spices, 59
125	125	flavorings, and colorings, without naming each; provided, 60
126	126	that, to the extent that compliance with th e requirements of 61
127	127	[paragraph (b) of] this [subdivision] paragraph is 62
128	128	impractical or results in deception or unfair competition, 63
129	129	exemptions shall be established by regulations promulgated 64
130	130	by the department of health and senior services; provided 65 SB 319 5
131	131	further, that the requirements of [paragraph (b) of] this 66
132	132	[subdivision] paragraph shall not apply to any carbonated 67
133	133	beverage the ingredients of which have been fully and 68
134	134	correctly disclosed, to the extent prescribed by [said] this 69
135	135	paragraph [(b)] to the department of health and senior 70
136	136	services in an affidavit; 71
137	137	(10) If it purports to be or is represented for 72
138	138	special dietary uses, unless its label bears such 73
139	139	information concerning its vitamin, mineral, and other 74
140	140	dietary properties as the department of health and senior 75
141	141	services determines to be, and by regulations prescribed, as 76
142	142	necessary in order to fully inform purchasers as to its 77
143	143	value for such uses; 78
144	144	(11) If it bears or contains any artificial flavoring, 79
145	145	coloring, or chemical preservative , unless it bears labeling 80
146	146	stating that fact; provided, that to the extent that 81
147	147	compliance with the requirements of this subdivision is 82
148	148	impracticable, exemptions shall be established by 83
149	149	regulations promulgated by the department of health and 84
150	150	senior services; and provided further, that this subdivision 85
151	151	[(11)] shall not apply to artificial coloring in butter, 86
152	152	cheese or ice cream; 87
153	153	(12) If it bears or contains any bioengineered 88
154	154	substance, as such term is defined in 7 CFR 66.1, or 89
155	155	advertises or claims to contain natural flavoring, as such 90
156	156	term is defined in 21 CFR 101.22, unless it bears labeling 91
157	157	containing a website link, quick -response code, or similar 92
158	158	resource identifying the bioengineered substance or specific 93
159	159	natural flavoring, notwithstan ding the provisions of 94
160	160	paragraph (b) of subdivision (9) of this subsection to the 95
161	161	contrary; 96 SB 319 6
162	162	(13) If it is a fruit or vegetable bearing or 97
163	163	containing any edible coating, including any wax, resin, 98
164	164	ester, or other compound regulated by 21 CFR 172, u nless the 99
165	165	label of such food or any display placed at the point of 100
166	166	sale for such food contains a disclosure of such coating or 101
167	167	a website link, quick -response code, or similar resource 102
168	168	directs the consumer to such disclosure; 103
169	169	(14) If it contains, in whole or in part, cell - 104
170	170	cultivated, lab-grown, or insect-based meat or meat 105
171	171	alternatives, unless such product is clearly labeled on the 106
172	172	front of the package, in at least fifteen -point uniform bold 107
173	173	type, "LAB-CREATED" or "INSECT-BASED" or a comparable 108
174	174	qualifier determined by the department in rule. A product 109
175	175	package determined to be in compliance with comparable 110
176	176	regulations promulgated by the department of agriculture 111
177	177	implementing the provisions of subdivision (7) of section 112
178	178	265.494 shall satisfy the requirements of this subdivision; 113
179	179	or 114
180	180	(15) If it contains, in whole or in part, meat food 115
181	181	products derived from an animal vaccinated with a messenger 116
182	182	ribonucleic acid-based vaccine, unless the product packaging 117
183	183	states, in at least fifteen -point uniform bold type, "MRNA 118
184	184	VACCINATED". 119
185	185	2. The department is hereby directed to promulgate 120
186	186	regulations exempting from any labeling requirement of 121
187	187	sections 196.010 to 196.120 small open containers of fresh 122
188	188	fruits and vegetables and food which is, in accordance with 123
189	189	the practice of the trade, to be processed, labeled, or 124
190	190	repacked in substantial quantities at establishments other 125
191	191	than those where originally processed or packed, on 126
192	192	condition that such food is not adulterated or misbranded 127 SB 319 7
193	193	under the provisions of said sections upon removal from such 128
194	194	processing, labeling or repackaging establishment. 129
195	195	