Missouri Revised Statutes

Chapter 261
Department of Agriculture

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Department authorized--director, how appointed, qualifications.

261.010. There is created a "Department of Agriculture", the main office of which shall be in Jefferson City in quarters provided by the division of facilities management, design and construction. The governor, by and with the advice and consent of the senate, shall appoint a director of the department of agriculture who shall be a practical farmer, well versed in agricultural science and who shall serve at the pleasure of the governor. The director shall be in charge of the department of agriculture.

(RSMo 1939 § 14025, A.L. 1947 V. I p. 15, A. 1949 S.B. 1090, A.L. 1955 p. 18, A.L. 1963 p. 400, A.L. 1967 p. 369, A.L. 1977 H.B. 841, A.L. 2014 H.B. 1299 Revision)

CROSS REFERENCE:

Director, compensation, 105.950

Duties and powers of director.

261.020. The state director of the department of agriculture is hereby constituted the official who has supervision of all the legalized departments of the state which are of a regulatory nature for the advancement of horticulture and agriculture, except after January 1, 1996, he or she shall not have direct supervision of the state fair. He or she shall cooperate with the college of agriculture of the University of Missouri in all ways beneficial to the horticultural and agricultural interests of the state, without duplicating research, extension or educational work conducted by said college, but nothing herein shall be construed as to subordinate the state department of agriculture to the said college of agriculture. The director has charge of the veterinary service of the state, the appointment of the state veterinarian, and, with the advice of the veterinarian, of deputy veterinarians, and other assistants. The director has the power of reasonable quarantine in relation to the regulatory laws of the state department of agriculture, and the power of quarantine in relation to livestock diseases includes poultry. It is the duty of the director to gather and compile helpful statistics and information, singly or in cooperation with the federal government, relating to horticulture and agriculture, and he or she may publish bulletins not duplicating available educational bulletins of the college of agriculture and the United States Department of Agriculture. He or she may charge a reasonable amount for any publication distributed by the department of agriculture. Any funds received from the amounts so charged shall be deposited to the credit of the general revenue fund. The director shall make a biennial report to the governor and the general assembly, including the essential information relating to horticulture and agriculture, especially crops and livestock, also data concerning the agricultural organizations of the state, accompanied by recommendations relating to the state department of agriculture and the advancement of agricultural education.

(RSMo 1939 § 14027, A.L. 1971 H.B. 355, A.L. 1994 S.B. 692, A.L. 2007 S.B. 320)

CROSS REFERENCES:

Livestock diseased, injunction against owners, powers and duties of director, 267.604

Livestock quarantined, orders for removal or cure violations, hearing, penalties, director's powers, 267.603

Powers, duties, functions transferred to department of agriculture andcertain other designated agencies.

261.023. 1. There is hereby created a department of agriculture to be headed by a director of the department of agriculture to be appointed by the governor, by and with the advice and consent of the senate. The director shall possess the qualifications presently provided by law for the position of commissioner of agriculture.

2. All powers, duties and functions now vested by law to the commissioner of the department of agriculture and the department of agriculture, chapter 261 and others, are transferred by type I transfer to the director of the department of agriculture and to the department of agriculture herein created.

3. The state horticultural society created by sections 262.010 and 262.020 is transferred by type I transfer to the department of agriculture.

4. All the powers, duties, and functions vested in the state milk board, chapter 196, are transferred to the department of agriculture by type III transfer. The appointed members of the board shall be nominated by the department director, and appointed by the governor with the advice and consent of the senate. The department of health and senior services shall retain the powers, duties and functions assigned by chapter 196.

5. All the powers, duties, functions and properties of the state fruit experiment station, chapter 262, are transferred by type I transfer to the Southwest Missouri State University and fruit experiment station board of trustees is abolished.

6. All the powers, duties and functions of the department of revenue relating to the inspection of motor fuel and special fuel distributors, chapters 323 and 414, are transferred by type I transfer to the department of agriculture and to the director of that department. The collection of the taxes provided in chapters 142 and 136, however, shall be made by the department of revenue.

7. All the powers, duties, and functions of the land survey program of the department of natural resources are transferred to the department of agriculture by type I transfer.

(L. 1973 1st Ex. Sess. S.B. 1, § 2, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

Director state agent to receive trust assets of Missouri ruralrehabilitation corporation.

261.025. The director of agriculture is hereby designated as the state official of the state of Missouri to make application to and receive from the Secretary of Agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of Public Law 499, Eighty-first Congress, approved May 3, 1950 (40 U.S.C.A. §§ 440-444), the trust assets, either funds or property, held by the United States as trustee in behalf of the Missouri rural rehabilitation corporation.

(L. 1951 p. 3 § 1)

Director--trust assets--duties.

261.026. 1. The director of agriculture is authorized and directed to enter into agreements with the Secretary of Agriculture of the United States pursuant to section 2(f) (40 U.S.C.A. § 440f) of the aforesaid act of the Congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the Secretary of Agriculture of the United States to accept, administer, expend and use in the state of Missouri all of such trust assets for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act (7 U.S.C.A. §§ 1001-1007a), in accordance with the applicable provisions of Title IV thereof (7 U.S.C.A. §§ 1030-1039), as now or hereafter amended, and to do any and all things necessary to effectuate said agreements.

2. The United States and the Secretary of Agriculture thereof shall be held free from liability by virtue of any transfer of such assets to the director of agriculture.

(L. 1951 p. 3 §§ 2, 3)

Agreements to be terminated--new agreements--agriculture developmentfund created--investment--purposes.

261.027. 1. The director of agriculture of the state of Missouri shall, as soon as possible after August 13, 1988, terminate the agreement between the director of agriculture and the Secretary of Agriculture of the United States under which trust assets of the Missouri Rural Rehabilitation Corporation, assigned to the director of agriculture by the Secretary of Agriculture of the United States pursuant to Public Law 499, 81st Congress, approved May 3, 1950 (40 U.S.C.A. 440-444), and sections 261.025 and 261.026, have been administered by the Secretary of Agriculture. The director of agriculture shall request the return to the state of Missouri of all or a part of the cash assets now under the control of the Secretary of Agriculture and the assets consisting of loans insured by the Secretary of Agriculture.

2. The director is also authorized to enter into new agreements with the Secretary of Agriculture pursuant to Public Law 499 and for return to the state of Missouri, from time to time, of additional trust assets.

3. Any assets received from the Secretary of Agriculture shall be transferred to the state treasury and credited to a special fund which is hereby established and which shall be known as the "Agriculture Development Fund". The agriculture development fund shall be under the control of the director of the department of agriculture, who shall provide for the investment and reinvestment of the fund in secured or insured agricultural loans, government bonds, or other convertible securities. The fund and any income or interest received from the investment thereof may be released by and at the discretion of the director of agriculture for agricultural development and rehabilitation purposes.

(L. 1957 p. 3 §§ 261.027, 261.028, A.L. 1988 S.B. 742, A.L. 1992 H.B. 1201)

Investigation of farm marketing--establishingstandards--inspections--distribute information.

261.030. The director of agriculture or his successor at law shall investigate the marketing of farm products, including the cost of production and distribution thereof, furnish advice and assistance to producers, distributors and consumers and promote effectual and economical methods of marketing farm products. The director of agriculture may establish, administer and enforce the standards of grades, weights and measures established and/or recommended by the United States Department of Agriculture, except as otherwise provided by the laws of this state. The director may conduct shipping point and terminal market grading and inspection service alone or in cooperation with the United States Department of Agriculture and license inspectors, issue certificates on the products inspected, determine and collect and pay a reasonable service charge on the work done, and do each and every act necessary to render the grading and inspection service of greatest value to Missouri agriculture. The director of agriculture may publish bulletins containing information useful to the producer and consumer; may conduct exhibits and do everything necessary to provide ample material therefor; may conduct and/or cooperate in any kind of activity for fostering and promoting better handling, care, standardization and grading of farm products, and he may pay cash premiums from appropriations made in connection with agriculture exhibits, whenever in his judgment the same is desirable. The director shall foster, encourage, and assist in the organization and development of cooperative associations and movement to aid in solving problems of marketing farm products; may collect and disseminate by telegraph, mail or otherwise, timely information useful to producers, distributors and consumers concerning the weather, the supply, demand, prevailing prices, market conditions and commercial movements of farm products, including quantities in common and in cold storage and may cooperate in the distribution of farm labor insofar as found acceptable to the state and federal labor departments.

(RSMo 1939 § 14288, A. 1949 S.B. 2090)

Prior revisions: 1929 § 12626; 1919 § 12145

CROSS REFERENCES:

Egg law, director to administer, 196.311 to 196.361

Locker plants, regulation, duties of directors, 196.450 to 196.515

Agriculture business development fund created--purpose--not to lapse.

261.035. 1. There is hereby created in the state treasury for the use of the agriculture business development division of the state department of agriculture a fund to be known as "The Agriculture Business Development Fund". All moneys received by the state department of agriculture for marketing development from any source within the state shall be deposited in the fund.

2. Moneys deposited in the fund shall, upon appropriation by the general assembly to the state department of agriculture, be expended by the state department of agriculture and for no other purposes.

3. The unexpended balance in the agriculture business development fund at the end of the biennium shall not be transferred to the ordinary revenue fund of the state treasury and accordingly shall be exempt from the provisions of section 33.080 relating to transfer of funds to the ordinary revenue funds of the state by the state treasurer.

(L. 1957 p. 12 §§ 1, 2, 3, A.L. 2008 S.B. 931)

Employees of director, appointment and transfer, bond.

261.040. The director of agriculture, before entering upon the duties of his office, shall give bond in the sum of five thousand dollars, which bond, when approved by the governor, shall be filed with the secretary of state. The director, within available appropriations, shall have authority to appoint a state fair secretary, clerks, stenographers, inspectors, and other employees necessary all at the salaries fixed by law for the administration of this law and other laws under his charge as a consolidated department conducted on an economical business basis. The director shall have authority to combine the duties of and to discharge any employee of the state department of agriculture. Each inspector shall be required to perform inspection duties under all inspection laws administered by the director. The director is hereby authorized to require and approve the bond of any employee responsible for the safe handling of any state revenue or fees, or state property, whenever he shall deem it reasonably necessary to protect the interests of the state.

(RSMo 1939 § 14026)

Salaries and accounts.

261.050. Upon the filing of proper vouchers and requisitions, duly certified by the director, warrants shall be issued monthly, as provided by law, upon the state treasurer for the payment of all approved salaries and accounts under the jurisdiction of the state department of agriculture.

(RSMo 1939 § 14028, A. 1949 S.B. 1090)

Daily deposit of all moneys in state treasury.

261.060. All moneys collected by or through the director of the department of agriculture from fees, licenses, permits or other earnings under any law, other than the business of the Missouri state fair, shall be deposited daily in the state treasury to the credit of the agricultural fees fund, which shall be subject to appropriation by the general assembly.

(RSMo 1939 § 14029)

Cooperation among departments.

261.090. The state department of agriculture and other agencies of the state government dealing with the production, handling and marketing of farm products shall cooperate with each other in the interest of economy, harmony and efficient service, and may also cooperate with the United States Department of Agriculture and its subdepartments and with other states or organizations having common agricultural problems with those of the state of Missouri.

(RSMo 1939 § 14289)

Prior revisions: 1929 § 12627; 1919 § 12146

Foreign market development--director's duties and powers.

261.095. 1. The director of the Missouri department of agriculture shall have the primary responsibility for foreign market development for agricultural products.

2. Within the limit of funds specifically appropriated for that purpose, the director is authorized to establish and maintain offices in foreign countries for the purpose of promoting international markets for Missouri agricultural products. Such offices operated by the department of agriculture may be disestablished by the director as he deems appropriate.

3. The director may place an agricultural marketing specialist in state offices operated in foreign countries by other state agencies.

(L. 1979 S.B. 47 § 1)

CROSS REFERENCE:

Division of commerce and industrial development, establishing overseas offices, 625.021

Animal export inspection facilities, operation.

261.100. Within the limit of funds specifically appropriated for that purpose, the director of the department of agriculture may operate an animal export inspection facility meeting the requirements of the United States Department of Agriculture for animal inspection prior to export shipments.

(L. 1979 S.B. 47 § 2)

Financial investment records, sales projections, and businessplan information deemed a closed record, when.

261.125. Records and documents submitted to the Missouri department of agriculture or Missouri agriculture and small business development authority relating to financial investments in a business, or sales projections or other business plan information that may endanger the competitiveness of a business, except for the amount and recipient of any loan or grant from a program administered by the authority, shall be deemed a "closed record" as such term is defined in section 610.010.

(L. 2004 S.B. 740, et al. § 261.115)

Certain agriculture information and data not subject to disclosure,when--disclosure permitted, when.

261.130. 1. For purposes of this section, the following terms shall mean:

(1) "Agent", a duly authorized representative of the Missouri department of agriculture or the Missouri department of natural resources;

(2) "Agricultural land", the same as defined in section 350.010;

(3) "Agricultural operation", any sole proprietorship, partnership, corporation, cooperative, or other business entity which derives income from farming;

(4) "Disclose", to publish or otherwise share with or release to individuals, business entities, political subdivisions, media outlets, or other entities;

(5) "Farming", the same as defined in section 350.010;

(6) "Personal information", data which is linked to a specific individual including, but not limited to, Social Security numbers, telephone numbers, and addresses;

(7) "Voluntary participation", participation in a government program that is not compulsory but requires the collection of specific information from an agricultural producer's** or owner of agricultural land in order to participate in such program.

2. Information or data in either paper or electronic form concerning an agricultural producer or owner of agricultural land that, in connection with such producer or owner's voluntary participation in a program, is collected from or provided by an agricultural producer or owner of agricultural land that is related to a farmer's personal information, their agricultural operation, farming or conservation practices, environmental or production data, details on assets of their farm, or the land itself and any geospatial information maintained by the Missouri department of agriculture or by the Missouri department of natural resources based on agricultural land or operations where a farmer's agricultural operation, farming or conservation practices, environmental or production data, details on assets of their farm, or the land itself is depicted or identified shall not be considered a public record and shall not be subject to disclosure under chapter 610. Further, such information shall not be disclosed to agents of the department of agriculture or the department of natural resources unless such disclosure complies with subsection 3 of this section.

3. The department of agriculture and the department of natural resources may disclose the information or data described in subsection 2 of this section to agents only if:

(1) Such information or data will not be subsequently disclosed beyond such agent except in accordance with subsection 4 of this section;

(2) Such agent is providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices, and so long as there is a written agreement in place between the parties certifying adherence to this section; or

(3) Such agent is responding to an agricultural disease or pest threat or other related emergency impacting agricultural operations, if the director of the department of agriculture and the director of the department of natural resources both determine that a threat to agricultural operations exists and the disclosure of information to a person or cooperating government entity is necessary to assist such departments in responding to the disease or pest threat or emergency.

4. Nothing in this section shall prevent:

(1) The disclosure of information described in subsection 2 of this section in paper format if such information has been transformed into a statistical or aggregate form, or from an electronic database where such information can be compiled for distribution into a statistical or aggregate form, that prevents the information from directly or indirectly naming or identifying any individual owner, operator, producer, or operation or a specific data gathering site;

(2) The disclosure of information described in subsection 2 of this section pursuant to the expressed written consent of both the agriculture producer and owner of agriculture land; or

(3) The disclosure of information or data required by law as a condition of compliance with any of the departments' regulatory functions;

(4) The disclosure of information collected not in connection with a producer's** or owner's voluntary participation in a government program.

5. The participation of an agricultural producer or owner of agricultural land in, or receipt of any benefit under, any program administered by the department of agriculture or the department of natural resources shall not be conditioned on the consent of the agricultural producer or owner of agricultural land under subdivision (2) of subsection 4 of this section.

(L. 2016 H.B. 1414)

*Effective 10-14-16, see § 21.250. H.B. 1414 was vetoed July 8, 2016. The veto was overridden on September 14, 2016.

**Word "producer" appears in original rolls.

Fund created, use of moneys.

261.200. 1. Any laws to the contrary notwithstanding, there is hereby created in the state treasury the "Agriculture Protection Fund", which shall consist of any moneys or fees appropriated to the fund as well as all fees assessed and collected by the department of agriculture which are not otherwise placed in the state treasury to the credit of the particular purpose or fund for which the fees are collected. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements of the fund. Upon appropriation by the general assembly, money in the fund shall be used solely by the department of agriculture for the purposes of carrying out its functions and responsibilities, and no money shall be paid out of the fund created under this section except by appropriation of the general assembly for the administration of the program from which the fee was collected; except that, the provisions of this section shall not apply to any moneys credited to the fund under subdivision (2) of subsection 1 of section 311.550.

2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

3. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

(L. 2010 S.B. 795)

AgriMissouri marketing program and agricultural products by category,rules authorized, director's duty.

261.230. The director of the department of agriculture shall, for the use of the agriculture business development division of the department of agriculture, develop and implement rules and regulations by product category for all Missouri agricultural products included in the AgriMissouri marketing program.

(L. 2000 S.B. 894 § 261.032, A.L. 2002 H.B. 1348, A.L. 2008 S.B. 931)

AgriMissouri fund, created, purposes, lapse of fund into generalrevenue prohibited--advisory commission, created, purposes,duties, membership--trademark fees.

261.235. 1. There is hereby created in the state treasury for the use of the agriculture business development division of the state department of agriculture a fund to be known as "The AgriMissouri Fund". All moneys received by the state department of agriculture for Missouri agricultural products marketing development from any source, including trademark fees, shall be deposited in the fund. Moneys deposited in the fund shall, upon appropriation by the general assembly to the state department of agriculture, be expended by the agriculture business development division of the state department of agriculture for promotion of Missouri agricultural products under the AgriMissouri program. The unexpended balance in the AgriMissouri fund at the end of the biennium shall not be transferred to the general revenue fund of the state treasury and accordingly shall be exempt from the provisions of section 33.080 relating to transfer of funds to the ordinary revenue funds of the state by the state treasurer.

2. There is hereby created within the department of agriculture the "AgriMissouri Advisory Commission for Marketing Missouri Agricultural Products". The commission shall establish guidelines, and make recommendations to the director of agriculture, for the use of funds appropriated by the general assembly for the agriculture business development division of the department of agriculture, and for all funds collected or appropriated to the AgriMissouri fund created pursuant to subsection 1 of this section. The guidelines shall focus on the promotion of the AgriMissouri trademark associated with Missouri agricultural products that have been approved by the general assembly, and shall advance the following objectives:

(1) Increasing the impact and fostering the effectiveness of local efforts to promote Missouri agricultural products;

(2) Enabling and encouraging expanded advertising efforts for Missouri agricultural products;

(3) Encouraging effective, high-quality advertising projects, innovative marketing strategies, and the coordination of local, regional and statewide marketing efforts;

(4) Providing training and technical assistance to cooperative-marketing partners of Missouri agricultural products.

3. The commission may establish a fee structure for sellers electing to use the AgriMissouri trademark associated with Missouri agricultural products, so long as the fees established and collected under this subsection do not yield revenue greater than the total cost of administering this section during the ensuing year. All trademark fees shall be deposited to the credit of the AgriMissouri fund, created pursuant to this section.

4. The commission shall consist of nine members appointed by the governor with the advice and consent of the senate. One member shall be the director of the agriculture business development division of the department of agriculture, or his or her representative. At least one member shall be a specialist in advertising; at least one member shall be a specialist in agribusiness; at least one member shall be a specialist in the retail grocery business; at least one member shall be a specialist in communications; at least one member shall be a specialist in product distribution; at least one member shall be a family farmer with expertise in livestock farming; at least one member shall be a family farmer with expertise in grain farming and at least one member shall be a family farmer with expertise in organic farming. Members shall serve for four-year terms, except in the first appointments three members shall be appointed for terms of four years, three members shall be appointed for terms of three years and three members shall be appointed for terms of two years each. Any member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder of the term of the member causing the vacancy. The governor shall appoint a chairperson of the commission, subject to ratification by the commission.

5. Commission members shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties on the commission. The division of agriculture business development of the department of agriculture shall provide all necessary staff and support services as required by the commission to hold commission meetings, to maintain records of official acts and to conduct all other business of the commission. The commission shall meet quarterly and at any such time that it deems necessary. Meetings may be called by the chairperson or by a petition signed by a majority of the members of the commission. Ten days' notice shall be given in writing to such members prior to the meeting date. A simple majority of the members of the commission shall be present to constitute a quorum. Proxy voting shall not be permitted.

6. If the commission does establish a fee structure as permitted under subsection 3 of this section, the agriculture business development division of the department of agriculture shall promulgate rules establishing the commission's fee structure. The department of agriculture shall also promulgate rules and regulations for the implementation of this section. 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.

(L. 2000 S.B. 894 § 261.037, A.L. 2002 H.B. 1348, A.L. 2008 S.B. 931, A.L. 2016 S.B. 665)

Division to create website to foster marketing of Missouriagricultural products.

261.239. The agriculture business development division of the department of agriculture shall create an internet website for the purpose of fostering the marketing of Missouri agricultural products over the internet.

(L. 2000 S.B. 894 § 261.038, A.L. 2002 H.B. 1348, A.L. 2008 S.B. 931)

Rulemaking authority.

261.240. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 261.230 to 261.239 shall become effective only if they comply with and are subject to all of the provisions of chapter 536 and if applicable, section 536.028. These sections 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, 2001, shall be invalid and void.

(L. 2002 H.B. 1348)

Sellers of honey, no manufacturing facilities required, when--exemptfrom health standards and regulations, when--label requirements.

261.241. 1. Sellers of honey whose annual sales of honey are fifty thousand dollars or less per domicile shall not be required to construct or maintain separate facilities for the bottling of honey. Such sellers shall be exempt from all remaining health standards and regulations for the bottling of honey pursuant to sections 196.190 to 196.271 if they meet the following requirements:

(1) Honey shall be bottled in the domicile of the person harvesting and selling the honey;

(2) Honey shall be labeled with the following information in legible English as set forth in subsection 2 of this section;

(3) Annual gross sales shall not exceed fifty thousand dollars. The person harvesting such honey shall maintain a record of sales of honey bottled and sold. The record shall be available to the regulatory authority when requested.

2. The honey shall be labeled with the following information:

(1) Name and address of the persons preparing the food;

(2) Common name of the food; and

(3) The name of all ingredients in the food.

3. Sellers of honey who violate the provisions of this section may be enjoined from selling honey by the department of health and senior services.

(L. 2002 S.B. 639, A.L. 2005 S.B. 355, A.L. 2015 S.B. 500)

Growers' districts authorized, procedure.

261.256. 1. It is hereby established that growers' districts may be voluntarily created by Missouri producers raising agricultural crops for food, feed, industrial, and pharmaceutical uses, to be known by the name established by the creators of the growers' district. Nothing in this section or section 261.259 shall force any private property owner to participate in a growers' district.

2. Upon organization, each district shall file with the clerk of the circuit court in the county in which the majority of the district is located and shall adopt bylaws addressing governance of the district, expansion of the district to include new members, and the exercise of any other powers necessary to effectuate the purposes of this section and section 261.259.

(L. 2004 S.B. 740, et al.)

Board of commissioners.

261.259. 1. The members of a district shall elect a board of commissioners of such district.

2. All commissioners of a district shall be owners or operators of land used for the cultivation of commercial crops within the physical boundaries of the district.

(L. 2004 S.B. 740, et al.)

License issuance, to whom--grower may produce, manufacture, anddistribute, when--recordkeeping--inspections--rulemaking--civilpenalty.

261.265. 1. For purposes of this section, the following terms shall mean:

(1) "Cannabidiol oil care center", the premises specified in an application for a cultivation and production facility license in which the licensee is authorized to distribute processed hemp extract to persons possessing a hemp extract registration card issued under section 192.945;

(2) "Cultivation and production facility", the land and premises specified in an application for a cultivation and production facility license on which the licensee is authorized to grow, cultivate, process, and possess hemp and hemp extract;

(3) "Cultivation and production facility license", a license that authorizes the licensee to grow, cultivate, process, and possess hemp and hemp extract, and distribute hemp extract to its cannabidiol oil care centers;

(4) "Department", the department of agriculture;

(5) "Grower", a nonprofit entity issued a cultivation and production facility license by the department of agriculture that produces hemp extract for the treatment of intractable epilepsy;

(6) "Hemp":

(a) All nonseed parts and varieties of the cannabis sativa plant, whether growing or not, that contain a crop-wide average tetrahydrocannabinol (THC) concentration that does not exceed the lesser of:

a. Three-tenths of one percent on a dry weight basis; or

b. The percent based on a dry weight basis determined by the federal Controlled Substances Act under 21 U.S.C. Section 801, et seq.;

(b) Any cannabis sativa seed that is:

a. Part of a growing crop;

b. Retained by a grower for future planting; or

c. For processing into or use as agricultural hemp seed.

This term shall not include industrial hemp commodities or products;

(7) "Hemp monitoring system", an electronic tracking system that includes, but is not limited to, testing and data collection established and maintained by the cultivation and production facility and is available to the department for the purposes of documenting the hemp extract production and retail sale of the hemp extract.

2. The department shall issue a cultivation and production facility license to a nonprofit entity to grow or cultivate the cannabis plant used to make hemp extract as defined in subsection 1 of section 195.207 or hemp on the entity's property if the entity has submitted to the department an application as required by the department under subsection 7 of this section, the entity meets all requirements of this section and the department's rules, and there are fewer than two licensed cultivation and production facilities operating in the state.

3. A grower may produce and manufacture hemp and hemp extract, and distribute hemp extract as defined in section 195.207 for the treatment of persons suffering from intractable epilepsy as defined in section 192.945 consistent with any and all state or federal regulations regarding the production, manufacture, or distribution of such product. The department shall not issue more than two cultivation and production facility licenses for the operation of such facilities at any one time.

4. The department shall maintain a list of growers.

5. All growers shall keep records in accordance with rules adopted by the department. Upon at least three days' notice, the director of the department may audit the required records during normal business hours. The director may conduct an audit for the purpose of ensuring compliance with this section.

6. In addition to an audit conducted in accordance with subsection 5 of this section, the director may inspect independently, or in cooperation with the state highway patrol or a local law enforcement agency, any hemp crop during the crop's growth phase and take a representative composite sample for field analysis. If a crop contains an average tetrahydrocannabinol (THC) concentration exceeding the lesser of:

(1) Three-tenths of one percent on a dry weight basis; or

(2) The percent based on a dry weight basis determined by the federal Controlled Substances Act under 21 U.S.C. Section 801, et seq.,

the director may detain, seize, or embargo the crop.

7. The department shall promulgate rules including, but not limited to:

(1) Application requirements for licensing, including requirements for the submission of fingerprints and the completion of a criminal background check;

(2) Security requirements for cultivation and production facility premises, including, at a minimum, lighting, physical security, video and alarm requirements;

(3) Rules relating to hemp monitoring systems as defined in this section;

(4) Other procedures for internal control as deemed necessary by the department to properly administer and enforce the provisions of this section, including reporting requirements for changes, alterations, or modifications of the premises;

(5) Requirements that any hemp extract received from a legal source be submitted to a testing facility designated by the department to ensure that such hemp extract complies with the provisions of section 195.207 and to ensure that the hemp extract does not contain any pesticides. Any hemp extract that is not submitted for testing or which after testing is found not to comply with the provisions of section 195.207 shall not be distributed or used and shall be submitted to the department for destruction; and

(6) Rules regarding the manufacture, storage, and transportation of hemp and hemp extract, which shall be in addition to any other state or federal regulations.

8. 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 under 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 July 14, 2014.

9. All hemp waste from the production of hemp extract shall either be destroyed, recycled by the licensee at the hemp cultivation and production facility, or donated to the department or an institution of higher education for research purposes, and shall not be used for commercial purposes.

10. In addition to any other liability or penalty provided by law, the director may revoke or refuse to issue or renew a cultivation and production facility license and may impose a civil penalty on a grower for any violation of this section, or section 192.945 or 195.207. The director may not impose a civil penalty under this section that exceeds two thousand five hundred dollars.

(L. 2014 H.B. 2238)

Effective 7-14-14

Citation of act.

261.270. The provisions of sections 261.270 to 261.295 shall be known and may be cited as the "Missouri Dairy Revitalization Act of 2015".

(L. 2015 H.B. 259)

Fund created, use of moneys--limitation on appropriation of fundmoneys--research of estimated sales tax revenue generated.

261.275. 1. There is hereby created in the state treasury the "Missouri Dairy Industry Revitalization Fund", which shall consist of moneys appropriated to the fund. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements of the fund. Upon appropriation by the general assembly, moneys in the fund shall be used solely to enhance and improve Missouri's dairy and dairy processing industries in the manner provided for in sections 261.270 to 261.295. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

2. Moneys appropriated from the general revenue fund to the Missouri dairy industry revitalization fund shall not exceed forty percent of the estimated sales tax revenue generated in the state from the sale of dairy products during the preceding fiscal year, calculated under subsection 3 of this section, and shall be expended in the following order of priority:

(1) First, to the dairy producer margin insurance premium assistance program created under section 261.280;

(2) Second, to the Missouri dairy scholars program created under section 261.285; and

(3) Third, to the commercial agriculture program created under section 261.290.

3. Each fiscal year the University of Missouri shall conduct research, or contract with an independent research company to conduct research, to determine the estimated sales tax revenue generated in the state from the sale of dairy products. The cost for such calculation shall be paid out of the Missouri dairy industry revitalization fund. The estimated sales tax revenue generated in the state from the sale of dairy products shall be provided to the department of agriculture by October first of each year.

(L. 2015 H.B. 259)

Dairy producer margin insurance premium assistance program,purpose--eligibility, application, reimbursement--risk managementtraining.

261.280. 1. The department of agriculture shall establish and administer, through the Missouri agricultural and small business development authority, a dairy producer margin insurance premium assistance program for the purpose of assisting dairy producers who participate in the federal margin protection program for dairy producers as contained in the federal Agricultural Act of 2014.

2. All dairy producers in the state who participate in the federal margin protection program for dairy producers shall be eligible to apply and participate in the dairy producer margin insurance premium assistance program. Dairy producers who wish to be considered for the program shall apply with the Missouri agricultural and small business development authority by January first of each year, and shall provide proof of participation in the federal margin protection program for dairy producers as contained in the federal Agricultural Act of 2014 by submitting a receipt of their paid annual federal premium payment. Eligible program participants shall receive reimbursement of seventy percent of their federal premium payment up to a maximum premium reimbursement rate of thirty-four cents per hundredweight of milk.

3. The University of Missouri and the Missouri agricultural and small business development authority shall provide risk management training for Missouri dairy producers on an annual basis.

(L. 2015 H.B. 259)

Missouri dairy scholars program--scholarship amount--eligible studentdefined.

261.285. 1. There is hereby established the "Missouri Dairy Scholars Program", which shall be administered by the department of agriculture. The program shall, upon appropriation, provide scholarships, subject to the eligibility criteria enumerated in this section, for eligible students in an agriculture-related degree program who make a commitment to work in the agriculture industry in Missouri as a condition of receiving such scholarship.

2. Subject to appropriations, each year the department of agriculture shall make available to eligible students up to eighty scholarships in the amount of five thousand dollars each to assist with the cost of eligible students' tuition and fees at a two-year or four-year college or university in Missouri. Such amount shall be paid out of the Missouri dairy industry revitalization fund created in section 261.275.

3. As used in this section, the term "eligible student" shall mean an individual who:

(1) Is a United States citizen and a Missouri resident who has graduated from a Missouri high school with a cumulative grade point average of at least two and one-half on a four-point scale or equivalent; except that, in any year in which there are less than eighty United States citizens and Missouri residents who shall be awarded scholarships, applicants who are legal United States residents who meet all other eligibility requirements shall be eligible for the remaining scholarships;

(2) Is pursuing or has attained an agriculture-related degree approved by the department of agriculture and offered by a two-year or four-year college or university in Missouri;

(3) Signs an agreement with the department of agriculture in which the recipient agrees to work in the agriculture industry in Missouri for at least two years for every one year the recipient received the Missouri dairy scholars scholarship;

(4) Maintains a cumulative grade point average of at least two and one-half on a four-point scale or equivalent while enrolled in the college or university program; and

(5) Works on a dairy farm or has a dairy-related internship for at least three months of each year the recipient receives the Missouri dairy scholars scholarship.

(L. 2015 H.B. 259)

Annual study of dairy industry.

261.290. The University of Missouri's commercial agriculture program shall conduct an annual study of the dairy industry and shall develop a dairy-specific plan for how to grow and enhance the dairy and dairy processing industries in Missouri. The results of such study shall be reported to the department of agriculture and all agriculture-related legislative committee chairpersons by January first of each year. The costs for such study shall be subject to appropriations and shall be paid out of the Missouri dairy industry revitalization fund created under section 261.275.

(L. 2015 H.B. 259)

Rulemaking language.

261.295. The department of agriculture shall promulgate rules and regulations for the implementation of sections 261.270 to 261.295. 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 and section 348.273* 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, 2015, shall be invalid and void.

(L. 2015 H.B. 259)

*Section 348.273 does not exist.


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