Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3446
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE W ALSH MOORE.
7029H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 196, RSMo, by adding thereto one new section relating to the disclosure of
major food allergens on restaurant menus.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto one new section, to be
2 known as section 196.184, to read as follows:
196.184. 1. As used in this section, the following terms mean:
2 (1) "Major food allergen":
3 (a) Any of the following:
4 a. Milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, and
5 soybeans; and
6 b. Any food ingr edient that contains protein derived fro m a food listed in
7 subparagraph a. of this paragraph; and
8 (b) Shall not include:
9 a. A highly ref ined oil derived fr om a food specified in subparagraph a. of
10 paragraph (a) of this subdivision or any ingr edient derived fr om that highly ref ined oil;
11 or
12 b. An ingr edient that is exempt under the petition or notification pro cess
13 specified in the federal Food Allergen Labeling and Consumer Pr otection Act of 2004,
14 Pub. L. 108-282;
15 (2) "Menu", the same meaning given to the term "menu or menu board" in 21
16 CFR 101.1 1;
17 (3) "Restaurant", a business in this state that:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (a) Operates its own permanent food service facilities with commer cial cooking
19 equipment on its pr emises; and
20 (b) Pr epar es and offers to sell multiple entr ees for consumption on or off the
21 pr emises.
22 2. A res taurant shall prov ide written notification of major food allergens that the
23 r estaurant knows or r easonably should know are contained as ingr edients in each menu
24 item. The restaur ant shall pro vide this information either:
25 (1) Directly on the res taurant's menu. If the res taurant elects to pr ovide major
26 food allergen information dir ectly on its menu, the menu item shall be followed by a
27 written statement below or immediately adjacent to the menu item indicating the major
28 food allergens contained in the menu item; or
29 (2) In a digital format including, but not limited to, using a quick res ponse (QR)
30 code that links to the r estaurant's digital menu. If a res taurant elects to pr ovide the
31 major food allergen information in a digital format, the res taurant shall also use an
32 alternative method to prov ide the information to customers who are not able to access
33 the information in the digital format. For purposes of this subdivision, "alternative
34 method" includes, but is not limited to, any of the following:
35 (a) A separate allergen-specific menu;
36 (b) An allergen chart;
37 (c) An allergen grid;
38 (d) An allergen booklet; or
39 (e) Other written materials.
40 3. A res taurant shall use either of the following when prov iding the major food
41 allergen information requ ired under this section:
42 (1) Common or usual names of the major food allergens; or
43 (2) Standardized pictograms to communicate the pre sence of major food
44 allergens.
45 4. The department of health and senior services shall enforce this section and
46 may apply for and obtain a temporary or permanent injunction res training any person
47 fr om violating this section in the same manner authorized under section 196.020.
48 5. The department of health and senior services may use either of the following
49 methods to evaluate a r estaurant's compliance with this section:
50 (1) V isual verification of allergen disclosur e. An enforcem ent officer may
51 confirm that r equir ed allergen statements are displayed on printed menus, digital
52 menus, or the alternative methods described in subdivision (2) of subsection 2 of this
53 section; or
HB 3446 2
54 (2) Other rea sonable methods of verification consistent with the intent of this
55 section.
56 6. This section shall not apply to prepa ckaged foods that are subject to federal
57 labeling r equir ements for major food allergens under 21 U.S.C. Section 343.
58 7. This section shall not alter any duty that a restaura nt may have under existing
59 law to reas onably ensur e the safety of its patro ns.
✔
HB 3446 3