Effective - 28 Aug 2003
196.1127. Appropriation to board subject to certain requirements. — 1. The moneys appropriated to the life sciences research board pursuant to sections 196.1100 to 196.1124 shall be subject to the provisions of this section.
2. As used in this section, the following terms shall mean:
(1) "Abortion services" include performing, inducing, or assisting with abortions, as defined in section 188.015, or encouraging patients to have abortions, referring patients for abortions not necessary to save the life of the mother, or development of drugs, chemicals, or devices intended to be used to induce an abortion;
(2) "Child", a human being recognized as a minor pursuant to the laws of this state, including if in vivo, an unborn child as defined in section 188.015 and if in vitro, a human being at any of the stages of biological development of an unborn child from conception or inception onward;
(3) "Conception", the same meaning as such term is defined in section 188.015;
(4) "Facilities and administrative costs", those costs that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular research project or any other institutional activity;
(5) "Human cloning", the creation of a human being by any means other than by the fertilization of an oocyte of a human female by a sperm of a human male;
(6) "Prohibited human research", research in a research project in which there is the taking or utilization of the organs, tissues, or cellular material of:
(a) A deceased child, unless consent is given by the parents in a manner provided in sections 194.210 to 194.290 relating to anatomical gifts, and neither parent caused the death of such child or consented to another person causing the death of such child;
(b) A living child, when the intended or likely result of such taking or utilization is to kill or cause harm to the health, safety, or welfare of such child, or when the purpose is to target such child for possible destruction in the future;
(7) "Public funds", include:
(a) Any moneys received or controlled by the state of Missouri or any official, department, division, agency, or political subdivision thereof, including but not limited to moneys derived from federal, state, or local taxes, gifts, or grants from any source, settlements of any claims or causes of action, public or private, bond proceeds, federal grants or payments, or intergovernmental transfers;
(b) Any moneys received or controlled by an official, department, division, or agency of state government or any political subdivision thereof, or to any person or entity pursuant to appropriation by the general assembly or governing body of any political subdivision of this state;
(8) "Research project", research proposed to be funded by an award of public funds conducted under the auspices of the entity or entities that applied for and received such award, regardless of whether the research is funded in whole or in part by such award. Such research shall include basic research, including the discovery of new knowledge; translational research, including translational knowledge in a usable form; and clinical research, including but not limited to health research in human development and aging, cancer, endocrine, cardiovascular, neurological, pulmonary, and infectious disease.
3. Public funds shall not be expended, paid, or granted to or on behalf of an existing or proposed research project that involves abortion services, human cloning, or prohibited human research. A research project that receives an award of public funds shall not share costs with another research project, person, or entity not eligible to receive public funds pursuant to this subsection; provided that a research project that receives an award of public funds may pay a pro rata share of facilities and administrative costs determined in the award of public funds according to standards that ensure that public funds do not in any way subsidize facilities and administrative costs of other research projects, persons, or entities not eligible to receive public funds pursuant to this subsection. The application for an award of public funds shall set forth the proposed rates of pro rata cost reimbursement and shall provide supporting data and rationale for such rates. All applicants for and recipients of awards of public funds shall comply with the cost accounting principles set forth in Part 9905 of Title 48 of the Code of Federal Regulations, or successor regulations, in connection with the application for and administration of the research project. All moneys derived from an award of public funds shall be expended only by checks, drafts, or electronic transfers using a separate accounting process maintained for each research project. No moneys derived from an award of public funds shall be used to cover costs for any other research project or to any other person or entity. No moneys derived from an award of public funds shall be passed through to any other research project, person, or entity unless included in the original application for the award of public funds or in subsequent amendments or requests to use separate contractors. A research project that receives an award of public funds shall maintain financial records that demonstrate strict compliance with this subsection. Any audit conducted pursuant to any grant or contract awarding public funds shall also certify whether there is compliance with this subsection and shall note any noncompliance as a material audit finding.
4. The provisions of this section shall inure to the benefit of all residents of this state. Any taxpayer of this state or any political subdivision of this state shall have standing to bring suit against the state of Missouri or any official, department, division, agency, or political subdivision of this state, and any recipient of public funds who or which is in violation of this subsection in any circuit court with jurisdiction to enforce the provisions of this section.
5. This section shall not be construed to permit or make lawful any conduct that is otherwise unlawful pursuant to the laws of this state.
6. Any provision of this section is not severable from any appropriation subject to this section or any application declared by any court to be subject to this section. If any provision of this section is found to be invalid or unconstitutional, any appropriation subject to this section or any appropriation declared by any court to be subject to this section shall be void, invalid, and unenforceable.
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(L. 2003 H.B. 688)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 196 - Food, Drugs and Tobacco
Section 196.010 - Definitions.
Section 196.015 - Certain acts prohibited.
Section 196.020 - Injunction will lie to restrain violations of section 196.015.
Section 196.025 - Punishment for violations, exceptions.
Section 196.035 - Duty of prosecuting attorney.
Section 196.050 - Not to prescribe more stringent regulations than prescribed by federal act.
Section 196.055 - Access to places in which food, drugs, devices or cosmetics are manufactured.
Section 196.060 - Carriers in interstate commerce shall permit access to records of shipments.
Section 196.065 - Publication of reports of judgments, decrees and court orders.
Section 196.070 - Food, when deemed adulterated — industrial hemp content, effect of.
Section 196.075 - Food, when deemed misbranded.
Section 196.085 - Use of poisonous or deleterious substances.
Section 196.090 - Sections 196.010 to 196.120 not applicable to animal food or garbage.
Section 196.095 - When drug or device adulterated.
Section 196.100 - When drug or device misbranded.
Section 196.105 - Provisions governing selling or delivering new drug.
Section 196.110 - When a cosmetic deemed adulterated.
Section 196.115 - When a cosmetic deemed misbranded.
Section 196.120 - Advertisement, when deemed false.
Section 196.150 - Sale of horse and mule meat prohibited except when labeled as such meat.
Section 196.160 - Lawful to sell goat meat, when.
Section 196.165 - Falsely representing food to be kosher prohibited, penalty — kosher defined.
Section 196.170 - Mixed flour to be branded.
Section 196.190 - To what places law applies.
Section 196.195 - Contents of places and utensils used must be protected.
Section 196.210 - Toilet rooms provided.
Section 196.220 - Not used for sleeping purposes.
Section 196.225 - Employees with communicable disease prohibited, where.
Section 196.230 - Abatement of violations by director.
Section 196.240 - Authorization by director to close health menace.
Section 196.245 - Order to specify what — revocation — reopening.
Section 196.250 - Construction of the word close.
Section 196.265 - Penalty for violation.
Section 196.271 - Food manufacturers or distributors may register.
Section 196.311 - Definitions.
Section 196.313 - License to sell eggs required — exceptions.
Section 196.316 - License requirements — applications — kinds of licenses — fees — posting.
Section 196.318 - Licensees to keep records.
Section 196.321 - Standards and grades to be fixed.
Section 196.323 - Kinds of eggs which may be sold.
Section 196.326 - Egg containers to be marked or labeled.
Section 196.328 - Containers not required to be marked, when.
Section 196.331 - Sign required on sale from bulk lots.
Section 196.333 - Markings in case of eggs from different species of fowl.
Section 196.336 - Advertisements of price to give size and quality.
Section 196.338 - Dealer to furnish retailer with invoice showing size and quality.
Section 196.341 - Processing plants kept clean — standards — inspection — rulemaking, procedure.
Section 196.343 - Inspection of business premises and records.
Section 196.346 - Stop-sale orders, effect — appeals.
Section 196.348 - Court may order seizure of eggs, when — condemnation.
Section 196.351 - License suspended or revoked, when, procedure — appeal.
Section 196.352 - Civil penalty authorized, when.
Section 196.354 - Duties of director of agriculture — rules and regulations.
Section 196.357 - Violations may be enjoined.
Section 196.361 - Violation a misdemeanor.
Section 196.450 - Definitions.
Section 196.455 - Annual license required.
Section 196.465 - Semiannual inspection of plants.
Section 196.470 - Form and expiration of license.
Section 196.475 - Gas masks, alarm bell, and illumination required.
Section 196.480 - Requirements before issuance of license.
Section 196.485 - Temperature requirements and record.
Section 196.490 - Food to be quick frozen before placed in locker.
Section 196.495 - Record of name and address of user.
Section 196.500 - Accurate and complete report of weight of food.
Section 196.505 - Designation of food not for human consumption.
Section 196.510 - Operator to have lien on property for rentals — furnish content insurance.
Section 196.515 - Revocation of license — enforcement.
Section 196.520 - Short title.
Section 196.525 - Definitions.
Section 196.530 - Standards to be maintained.
Section 196.540 - Administration by state milk board — rules, promulgation — exempt products.
Section 196.542 - Fees for licenses.
Section 196.545 - Unlawful sale of dairy products.
Section 196.550 - Grading of products — right to protest accuracy, procedure.
Section 196.555 - The state milk board's right of access.
Section 196.560 - Records of purchases and sales.
Section 196.565 - The state milk board may take samples.
Section 196.570 - Condemnation of illegal dairy products.
Section 196.575 - Unidentified products subject to seizure.
Section 196.580 - Confiscated products released to owner, when.
Section 196.585 - Inspection, interference prohibited.
Section 196.590 - Suspension or revocation of licenses.
Section 196.595 - Substandard products, sale or production prohibited.
Section 196.610 - Penalty for violation.
Section 196.695 - Filled milk defined.
Section 196.700 - Emulsified cream defined.
Section 196.705 - Fat or oil other than milk fat prohibited.
Section 196.710 - Emulsified cream and filled milk prohibited.
Section 196.715 - Penalty for violation.
Section 196.735 - Labeling of cheese.
Section 196.740 - Labeling for shipments of skimmed milk.
Section 196.815 - Receptacles defined.
Section 196.820 - Receptacles kept clean.
Section 196.825 - Return of shipping containers.
Section 196.830 - Receptacle cleaned and returned to distributor.
Section 196.840 - Examination and tuberculin test of cattle, when.
Section 196.845 - Violation a misdemeanor.
Section 196.851 - Applicability — purpose of law.
Section 196.856 - Definitions of products subject to law.
Section 196.872 - Rules and regulations for minimum sanitation to be established, procedure.
Section 196.886 - Sale regulations — labeling.
Section 196.895 - Violation of law a misdemeanor.
Section 196.931 - Definitions.
Section 196.933 - Certain products exempted.
Section 196.937 - Penalty — violation by employee is violation by employer.
Section 196.941 - State milk board, membership, qualifications, appointment.
Section 196.945 - Inspection fee, payable when — hearing and notice before fee established.
Section 196.949 - State inspection of milk or milk products not required, when.
Section 196.951 - State milk board official rating agency — survey made, when, how.
Section 196.953 - Injunctive relief authorized.
Section 196.955 - Valid grade A milk permit holder may continue to sell grade A milk.
Section 196.957 - Only one inspection required.
Section 196.959 - Appeal from order or regulation of board, how taken.
Section 196.970 - Citation of law.
Section 196.973 - Definitions.
Section 196.976 - Prescription drug repository program established, criteria.
Section 196.981 - Immunity from civil or criminal liability, when.
Section 196.984 - Administrative rules, authority to promulgate.
Section 196.1000 - Definitions.
Section 196.1003 - Requirements.
Section 196.1020 - Definitions.
Section 196.1026 - Nonresident or foreign nonparticipating manufacturers, requirements.
Section 196.1100 - Trust fund established, purpose — reversion to general revenue prohibited.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1127 - Appropriation to board subject to certain requirements.