Allows agriculture products made from aquaculture, livestock, or poultry that has not received mRNA vaccine to be labeled “mRNA Free"

State: AZ
Bill Number: SB 1146
Position: SUPPORT
Action Required: NONE
Status: VETOED by Governor Kati Hobbs on 4/16/2024

Legislation Details:

UPDATE: 4/10/2024 - SB 1146 was vetoed by Governor Katie Hobbs on 4/16/2024. In her veto statement, Governor Hobbs stated that "... Arizona ranchers and farmers, and the Arizona Department of Agriculture may rely on the use of mRNA vaccines in the future to mitigate disease outbreaks. The bill would pose a risk to the health and safety of Arizonans, as well as the vitality of cattle ranchers and farmers." Allowing consumers to choose agricultural products from animals that did not receive an mRNA vaccine does nothing to threaten the health or safety of Arizonans, just as allowing produce to be labeled GMO-free does not pose a risk to the health and safety of any American. Labeling laws enable consumers to make an informed decision on what they consume. Every individual deserves the right to informed consent when deciding what to put inside their body, including food. Individuals who refused an mRNA vaccine may now be exposed to mRNA vaccines unknowingly through agricultural consumption. That is a direct violation of informed consent, and NVIC opposes Governor Hobbs' decision to VETO SB 1146.  

UPDATE: 4/10/2024 - SB 1146 was transmitted to the Governor on 4/10/2024. Contact Governor Katie Hobbs at (602) 542-4331 and ask her to SIGN SB 1146. 

UPDATE: 4/4/2024 - SB 1146 passed the House 3rd Reading by a vote of 31 Ayes, 27 Nays, on 4/4/2024.

UPDATE: 3/11/2024 - SB 1146 was reported Do Pass in the House Land, Agriculture and Rural Affairs Committee by a vote of 5-4-0 on 3/11/2024. 

UPDATE: 3/8/2024 - SB 1146 is scheduled for a hearing in the House Land, Agriculture and Rural Affairs Committee on Monday, 3/11/2024 at 2:00PM or upon recess or adjournment of the Floor in Room HHR 3. View the Hearing Agenda HERE. View the livestream video details HERE. 

UPDATE: 2/27/2024 - SB 1146 was referred to the House Land, Agriculture and Rural Affairs Committee on 2/27/2024.

UPDATE: 2/22/2024 - SB 1146 passed the Senate 3rd Reading as amended in the Senate Committee of the Whole by a vote of 16-12-2 on 2/22/2024. View the Senate Engrossed Version HERE. 

UPDATE: 2/21/2024 - SB 1146 was amended in the Senate Committee of the Whole on 2/21/2024. The amendment amends Section 3-302 to allow agriculture products made from aquaculture, livestock, or poultry that has not received a messenger ribonucleic acid vaccination (mRNA) may be labeled to show that the product produced from aquaculture, livestock, or poultry did not receive an mRNA vaccine. This amendment requires the label to state "MRNA FREE" in black text on an orange background and no larger than one-quarter inch in height. SB 1146 is now identical to HB 2406. 

NVIC supports SB 1146, however, this amendment diminishes the protections this bill provided as introduced and no longer protects individuals who want to avoid consuming agriculture products made from aquaculture, livestock, or poultry that has received mRNA vaccine. Our position statement on HB 2406 states the following:

"Without labeling these food products as containing mRNA-vaccinated animal matter, the consumer is unable to make an informed decision when they are choosing food for themselves or their family. An improvement on this bill would be to require all food containing any messenger ribonucleic acid-based (mRNA)-vaccinated products to be clearly labeled so that the consumer is informed of the food contents and can make an informed choice before consuming the product that contains mRNA-vaccinated matter. A better solution would be to prohibit companies from NOT labeling their mRNA vaccine-containing food products and exacting penalties on companies that do not comply. There are now plants being developed to deliver mRNA vaccines. There is insufficient evidence to support the safety of mRNA-based vaccines for human consumption." 

This amendment requires our bill posting to have a title change from "Requires products made from aquaculture, livestock, or poultry that has received mRNA vaccine to be labeled," to "Allows agriculture products made from aquaculture, livestock, or poultry that has not received mRNA vaccine to be labeled “mRNA Free"."

UPDATE: 2/15/2024 - SB 1146 was reported Do Pass in the Senate Natural Resources, Energy, and Water Committee by a vote of 4-2-1 on 2/15/2024. 

UPDATE: 2/14/2024 - SB 1146 is scheduled for a hearing in the Senate Natural Resources, Energy, and Water Committee on Thursday, 2/15/2024 at 9:00AM in Room SHR 109. View the hearing agenda HERE. 

SB 1146 was introduced and assigned to the Senate Natural Resources, Energy, and Water Committee on 1/22/2024. The bill is sponsored by Senator Anthony Kern.

SB 1146 requires products made from aquaculture, livestock, or poultry that has received a messenger ribonucleic acid vaccination (mRNA) to be labeled. 

HB 2406 amends Title 3, Chapter 2, Article 4 of the Arizona Revised Statues regarding Agriculture by adding Section 3-302 and amending Section 3-1203 as summarized:

SB 1146 adds Section 3-302 by providing that all aquaculture, livestock, and poultry that have received a messenger ribonucleic acid vaccination (mRNA) shall:

  • Be labeled to state that the product received an mRNA vaccine on the product's label or accompanying documents for sale; and
  • Not be labeled or advertised as "organic."

SB 1146 amends Section 3-1203 to clarify that the Title 3 does not authorize the director or the state veterinarian to require or administer a mRNA vaccine that has not received full approval from the US Department of Agriculture, the US FDA, or any successor agencies. This bill notes that "full approval does not include emergency approval."

NVIC SUPPORTS SB 1146 because it facilitates informed consent for consumers who do not want to consume food containing animals who have been given mRNA vaccines. NVIC supports informed consent. Without labeling these food products as containing mRNA-vaccinated animal matter, the consumer is unable to make an informed decision when they are choosing food for themselves or their family. An improvement on this bill would be to require more significant penalties on companies that do not comply. There are now plants being developed to deliver mRNA vaccines. There is insufficient evidence to support the safety of mRNA-based vaccines for human consumption. 

https://apps.azleg.gov/BillStatus/BillOverview/80602?SessionId=128 - text, status, and history of SB 1146