Truly Agreed, 2016

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SB 655, 2016    (Amended Section - as Truly Agreed)    

266.336. 1. There is hereby created [an advisory council to the director, which] a "Fertilizer Control Board". The fertilizer control board shall be composed of [fifteen] thirteen
members [appointed by the director pursuant to this section]. Of the [fifteen] thirteen members [so appointed], five shall be actively employed as fertilizer manufacturers or distributors[,] and five shall be actively engaged in the business of farming[, and five shall be chosen from the residents at large of this state. The five members chosen from the residents at large of this state]. The nonprofit corporation organized under Missouri law to promote the interests of the fertilizer industry shall nominate persons employed as fertilizer manufacturers or distributors, and Missouri not-for-profit organizations that represent farmers shall nominate persons engaged in the business of farming. Such nominations shall be submitted to the director, and the director shall select members from these nominations. Three at large members shall be selected by the director with the approval of a majority of the other ten members of the [advisory council] fertilizer control board.
     2. The [advisory council] fertilizer control board
shall:
     (1) Meet at least [once] twice each year with meetings conducted according to bylaws;
     (2) [Annually] Review [with the director]
and approve the income received and expenditures made under sections 266.291 to 266.351;
     (3) [Review and approve all rules, and revisions or rescissions thereof, to be promulgated by the director] In accordance with this section and chapter 536, adopt, amend, promulgate, or repeal after due notice and hearing rules and regulations to enforce, implement, and effectuate the powers and duties of sections 266.291 to 266.351. Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void;
     (4) [Consider all information and advise the director in determining] Revoke or suspend a permit, or refuse to issue a permit, to any distributor who has knowingly violated any of the provisions of sections 266.291 to 266.351, or has failed or neglected to pay the fees or penalties provided for in sections 266.291 to 266.351. The board shall conduct a hearing if requested by the distributor to review all penalties assessed and permit decisions made by the board. Upon completion of a hearing, the board shall determine if penalty modifications are warranted giving consideration to the history of previous violations, the seriousness of the violation, any overage in any other ingredients, demonstrated good faith of the distributor, and any other factors deemed appropriate. Any penalty modification must comply with section 266.343;
     (5) Determine
the method and amount of fees to be assessed. In performing its duties under this subdivision, the [advisory council] fertilizer control board shall represent the best interests of the Missouri farmers and Missouri agribusinesses;
     [(5) Serve in an advisory capacity in all matters pertaining to the administration of sections 266.291 to 266.351]
     (6) Secure access to a laboratory with necessary equipment, and employees as may be necessary, to aid in the administration of sections 266.291 to 266.351;
     (7) Pursue nutrient research, educational, and outreach programs to ensure the adoption and implementation of practices that optimize nutrient use efficiency, ensure soil fertility, and address environmental concerns with regard to fertilizer use extending the results of the fertilizer experiments that may be of practical use to the farmers and agribusinesses of this state;
     (8) Exercise general supervision of the administration and enforcement of sections 266.291 to 266.351, and all rules and regulations and orders promulgated under such sections;
     (9) Institute and prosecute through the attorney general of the state suits to collect any fees due under sections 266.301 to 266.347 which are not promptly paid.
     3. Authorized agents of the fertilizer control board are hereby authorized and empowered to:
     (1) Only to the extent necessary to determine general compliance, collect samples, inspect, and make analysis of fertilizer sold, offered, or exposed for sale within this state; except that, samples taken of fertilizer sold in bulk shall be taken from the bulk container immediately after mixing on the premises of the mixing facility or, when not possible, to be sampled from the bulk container wherever found. All samples shall have a preliminary analysis completed within five business days of the sample being obtained. If requested, a portion of any sample found subject to penalty or other legal action shall be provided to the distributor liable for the penalty;
     (2) Only to the extent necessary to determine general compliance, inspect and audit the books of every distributor who sells, offers for sale, or exposes for sale fertilizer for consumption or use in this state to determine whether or not the provisions of sections 266.291 to 266.351 are being fully complied with;
     (3) Require every distributor to file documentation as prescribed by rules promulgated under sections 266.291 to 266.351. Such documents shall not be required more often than six-month intervals, and all such documents shall be returned to the distributor upon request;
     (4) Enter upon any public or private premises during regular business hours in order to have access to fertilizer subject to sections 266.291 to 266.351 and the rules and regulations promulgated under sections 266.291 to 266.351, and to take samples and inspect such fertilizer;
     (5) Issue and enforce a written or printed "stop-sale, use, or removal" order to the owner or custodian of any fertilizer that is found to be in violation of any of the provisions of sections 266.291 to 266.351, which such order prohibiting the further sale of such fertilizer until sections 266.291 to 266.351 have been complied with or otherwise disposed of;
     (6) Publish each year the full and detailed report giving the names and addresses of all distributors registered under sections 266.291 to 266.351, the analytical results of all samples collected, and a statement of all fees and penalties received and expenditures made under sections 266.291 to 266.351;
     (7) Establish from information secured from manufacturers and other reliable sources, the market value of fertilizer and fertilizer materials for the purpose of determining the amount of damages due when the official analysis shows an excessive deficiency from the guaranteed analysis;
     (8) Retain, employ, provide for, and compensate such consultants, assistants, and other employees on a full- or part-time basis and contract for goods and services as may be necessary to carry out the provisions of sections 266.291 to 266.351, and prescribe the times at which they shall be appointed and their powers and duties
.
     [3.] 4. The filling of vacancies, the selection of officers, the conduct of its meetings, and all other matters concerning the fertilizer control board shall be outlined in the bylaws established by the fertilizer control board. All members of the [advisory council] fertilizer control board shall serve for terms of three years and until their successors are duly appointed and qualified; except that, of the members first appointed:
     (1) Two members who are actively employed as fertilizer manufacturers or distributors, two members actively engaged in the business of farming, and [two members chosen from the residents of this state]
one at large member shall serve for terms of three years;
     (2) Two members who are actively employed as fertilizer manufacturers or distributors, two members actively engaged in the business of farming, and [two members chosen from the residents of this state]
one at large member shall serve for terms of two years; and
     (3) The remaining three members shall serve for terms of one year.
     [4.] 5. All members shall be residents of this state. No member may serve more than two consecutive terms on the [advisory council] fertilizer control board, but any member may be reappointed after he has not been a member of the advisory council for a period of at least three years.
     [5.] 6. All members shall be reimbursed for reasonable expenses incurred in the performance of their official duties in accordance with the reimbursement policy set by the [director]
fertilizer control board bylaws. All reimbursements paid under this section shall be paid from fees collected under sections 266.291 to 266.351.
     [6. Every vacancy on the advisory council shall be filled by the director with the approval of a majority of the remaining members of the council. The person selected to fill any such vacancy shall possess the same qualifications required by this section as the member he replaces and shall serve until the end of the unexpired term of his predecessor.]


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