Modifies provisions relating to food labeling

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1319
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
3380S.01I KRISTINA MARTIN, Secretary
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 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 196.050 and 196.075, to read as follows:3
196.050. 1. Unless otherwise provided for in sections 1
196.010 to 196.120, in no event shall the said department of 2
health and senior services prescribe or promulgate any 3
regulation fixing or establishing any definitions or 4
standards which are more rigid or more stringent than those 5
prescribed by the federal act applying to any commodity 6
covered by sections 196.010 to 196.120 and if any product or 7
commodity covered by said sections shall comply with the 8
definitions and standards prescribed by the federal act for 9
such product or commodity, such product or commodity shall 10
be deemed in all respects to comply with sections 196.010 to 11
196.120. 12
2. In addition to any federal or state law or 13
regulation fixing or establishing any definitions or 14
standards for such products or commodities, the department 15
shall promulgate rules and regulations governing human food 16
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and beverage product labels when such products are offered 17
for sale in this state regarding the following: 18
(1) A standardized front-of-package labeling system 19
designed to provide consumers with easy access to product 20
information to make informed purchasing decisions, including 21
when such products contain high levels of sodium, added 22
sugars, calories, or saturated fats, as determined by the 23
department; 24
(2) Clearly marked common allergens, gluten-containing 25
grains, and levels of caffeine exceeding more than ten 26
milligrams of caffeine per serving; 27
(3) Requirements that products using imagery of fruits 28
and vegetables or claims of "whole grains", "multigrains", 29
or "wheat" in package or product marketing shall disclose on 30
the product label, in a standardized format, the percentage 31
of such grains, fruits, or vegetables present in the 32
product; and 33
(4) A waiver of any requirement to place product 34
information on the product label if the product bears a 35
quick response code that provides purchasers the required 36
information under this section. The quick response code 37
shall either be on the product's packaging or at the point 38
of sale. 39
Such rules and regulations may be more rigid or stringent 40
than those prescribed by federal law to the extent necessary 41
to carry out the duties prescribed in this section. 42
Beverage products governed by the provisions of 27 U.S.C. 43
shall be exempt from the provisions of this subsection or 44
subdivision (12) of subsection 1 of section 196.075. 45
196.075. 1. A food shall be deemed to be misbranded: 1
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(1) If its labeling is false or misleading in any 2
particular; 3
(2) If it is offered for sale under the name of 4
another food; 5
(3) If it is an imitation of another food, unless its 6
label bears, in type of uniform size and prominence, the 7
word, "imitation", and, immediately thereafter, the name of 8
the food imitated; 9
(4) If its container is so made, formed or filled as 10
to be misleading; 11
(5) If in package form, unless it bears a label 12
containing: 13
(a) The name and place of business of the 14
manufacturer, packer or distributor; 15
(b) An accurate statement of the quantity of the 16
contents in terms of weight, measure, or numerical count; 17
provided, that under [clause (b) of] this [subdivision] 18
paragraph reasonable variations shall be permitted, and 19
exemptions as to small packages shall be established, by 20
regulations prescribed by the department of health and 21
senior services; 22
(6) If any word, statement, or other information 23
required by or under authority of sections 196.010 to 24
196.120 to appear on the label or labeling is not 25
prominently placed thereon with such conspicuousness, as 26
compared with other words, statements, designs, or devices, 27
in the labeling, and in such terms as to render it likely to 28
be read and understood by the ordinary individual under 29
customary conditions of purchase and use; 30
(7) If it purports to be or is represented as a food 31
for which a definition and standard of identity has been 32
prescribed by regulations as provided by section 196.050, 33
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unless it conforms to such definition and standard, and its 34
label bears the name of the food specified in the definition 35
and standard, and, insofar as may be required by such 36
regulations, the common names of optional ingredients, other 37
than spices, flavoring, and coloring, present in such food; 38
(8) If it purports to be or is represented as: 39
(a) A food for which a standard of quality has been 40
prescribed by regulations as provided by section 196.050 and 41
its quality falls below such standard unless its label 42
bears, in such manner and form as such regulations specify, 43
a statement that it falls below such standard; 44
(b) A food for which a standard or standards of fill 45
of container have been prescribed by regulation as provided 46
by section 196.050, and it falls below the standard of fill 47
of container applicable thereto, unless its label bears, in 48
such manner and form as such regulations specify, a 49
statement that it falls below such standard; 50
(9) If it is not subject to the provisions of 51
subdivision (7) of this [section] subsection, unless it 52
bears labeling clearly giving: 53
(a) The common or usual name of the food, if any there 54
be; and 55
(b) In case it is fabricated from two or more 56
ingredients, the common or usual name of each such 57
ingredient, except that spices, flavorings, and colorings, 58
other than those sold as such, may be designated as spices, 59
flavorings, and colorings, without naming each; provided, 60
that, to the extent that compliance with the requirements of 61
[paragraph (b) of] this [subdivision] paragraph is 62
impractical or results in deception or unfair competition, 63
exemptions shall be established by regulations promulgated 64
by the department of health and senior services; provided 65
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further, that the requirements of [paragraph (b) of] this 66
[subdivision] paragraph shall not apply to any carbonated 67
beverage the ingredients of which have been fully and 68
correctly disclosed, to the extent prescribed by [said] this 69
paragraph [(b)] to the department of health and senior 70
services in an affidavit; 71
(10) If it purports to be or is represented for 72
special dietary uses, unless its label bears such 73
information concerning its vitamin, mineral, and other 74
dietary properties as the department of health and senior 75
services determines to be, and by regulations prescribed, as 76
necessary in order to fully inform purchasers as to its 77
value for such uses; 78
(11) If it bears or contains any artificial flavoring, 79
coloring, or chemical preservative, unless it bears labeling 80
stating that fact; provided, that to the extent that 81
compliance with the requirements of this subdivision is 82
impracticable, exemptions shall be established by 83
regulations promulgated by the department of health and 84
senior services; and provided further, that this subdivision 85
[(11)] shall not apply to artificial coloring in butter, 86
cheese or ice cream; 87
(12) If it bears or contains any bioengineered 88
substance, as such term is defined in 7 CFR 66.1, or 89
advertises or claims to contain natural flavoring, as such 90
term is defined in 21 CFR 101.22, unless it bears labeling 91
containing a website link, quick-response code, or similar 92
resource identifying the bioengineered substance or specific 93
natural flavoring, notwithstanding the provisions of 94
paragraph (b) of subdivision (9) of this subsection to the 95
contrary; 96
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(13) If it is a fruit or vegetable bearing or 97
containing any edible coating, including any wax, resin, 98
ester, or other compound regulated by 21 CFR 172, unless the 99
label of such food or any display placed at the point of 100
sale for such food contains a disclosure of such coating or 101
a website link, quick-response code, or similar resource 102
directs the consumer to such disclosure; or 103
(14) If it contains, in whole or in part, cell- 104
cultivated, lab-grown, or insect-based meat or meat 105
alternatives, unless such product is clearly labeled on the 106
front of the package, in at least fifteen-point uniform bold 107
type, "LAB-CREATED" or "INSECT-BASED" or a comparable 108
qualifier determined by the department in rule. A product 109
package determined to be in compliance with comparable 110
regulations promulgated by the department of agriculture 111
implementing the provisions of subdivision (7) of section 112
265.494 shall satisfy the requirements of this subdivision. 113
2. The department is hereby directed to promulgate 114
regulations exempting from any labeling requirement of 115
sections 196.010 to 196.120 small open containers of fresh 116
fruits and vegetables and food which is, in accordance with 117
the practice of the trade, to be processed, labeled, or 118
repacked in substantial quantities at establishments other 119
than those where originally processed or packed, on 120
condition that such food is not adulterated or misbranded 121
under the provisions of said sections upon removal from such 122
processing, labeling or repackaging establishment. 123
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