1. (1) in engaging in the business, the person was not in substantial compliance and was not making reasonable efforts in light of all the circumstances to be in substantial compliance with the applicable United States government laws, regulations, or standards related to ethylene oxide in effect at the time of the actual, alleged, feared, or potential exposure to ethylene oxide;
2. (2) the person engaged in gross negligence or willful misconduct that caused an actual exposure to ethylene oxide; and
3. (3) the actual exposure to ethylene oxide was the direct and proximate cause of the personal injury of the plaintiff.

Enacted by Chapter 356, 2025 General Session