Missouri Revised Statutes

Chapter 265
Regulation and Marketing of Agricultural Products

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Definitions.

265.010. As used in this chapter, the following words and terms shall have the meaning indicated:

(1) "Agricultural products" shall include horticultural, viticultural, dairy, bee, and any farm product;

(2) "Bushel", as applied to apples, when sold by the volume shall be 2150.4 cubic inches, and when sold by weight, means forty-eight pounds;

(3) "Director" means the director of the department of agriculture of Missouri;

(4) "Grower", as applied to apples, any person owning or operating an orchard and engaged in the production in Missouri of apples for sale;

(5) "Packer", as applied to apples, any person who packs apples for shipment or sale;

(6) "Processing" or "manufacturing", as applied to apples, the commercial drying, dehydrating, canning, pressing, powdering, extracting or use in producing or manufacturing a by-product or manufactured article;

(7) "Shipment" and "shipped", as applied to apples, shall be deemed to take place when the apples are loaded in the railroad car, motor vehicle, boat, wagon, or other conveyance to be transported. Apples being moved from the orchard where grown to a packing house or warehouse within the immediate area of production shall not be deemed a shipment or to be shipped;

(8) "Shipper", as applied to apples, any person who moves apples in the channels of trade, whether retail, wholesale or by consignment.

(RSMo 1939 § 14290, A.L. 1941 p. 305, A. 1949 S.B. 1093)

Prior revision: 1929 § 12628

Director to promulgate standards--rulemaking, procedure.

265.020. In order to promote, protect, further, and develop the agricultural interests of this state the director is hereby authorized and empowered after investigation and public hearing to fix and promulgate rules for grading and classifying any or all agricultural products grown or produced in this state and to fix and promulgate rules for containers of farm products and change any of them from time to time. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(RSMo 1939 § 14291, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Prior revision: 1929 § 12629

Director to specify dates when standards become effective.

265.030. In promulgating the standards or any alterations or modifications of such standards the director shall specify the date or dates when the same shall become effective and shall give public notice not less than thirty days in advance of such date or dates by such means as he deems proper, and he is hereby authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by him for any agricultural product or container.

(RSMo 1939 § 14292)

Prior revision: 1929 § 12630

CROSS REFERENCE:

Rules or regulations to be filed in office of the secretary of state, when effective, Chap. 536

Authorized to cooperate with United States or any department.

265.040. The director is authorized to fix and promulgate rules for this state for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States, and in carrying out the provisions of this chapter the director is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein.

(RSMo 1939 § 14293, A.L. 1993 S.B. 52)

Prior revision: 1929 § 12631

Appointment of agents--bond--action on bond.

265.050. The director may appoint employees and agents to assist in carrying out the provisions of this chapter, and may fix their compensation. The director may require any such employee or agent and any inspector licensed under this chapter to execute and file with him a good and sufficient bond, payable to the state, in such sum, not exceeding one thousand dollars and with such sureties, as he may prescribe, conditioned upon the faithful performance of such employee, agent or licensed inspector of his duties as such employee, agent, or licensed inspector. Any person injured by the failure of such employee, agent or licensed inspector faithfully to perform such duties shall be entitled to sue on such bond in his own name in any court of competent jurisdiction for the recovery of such damages as he may have sustained by reason of such failure.

(RSMo 1939 § 14298)

Prior revision: 1929 § 12636

Appointment of inspectors--fees--suspension or revocationof license.

265.060. 1. The director, at the request of interested producers, may designate any competent employee or agent of the department of agriculture and may license any other competent person and collect a reasonable fee for such license, to inspect and classify agricultural products in accordance with regulations established for the protection of the consuming public. The director may revoke any license for cause after a hearing or suspend any license temporarily without a hearing.

2. The director may determine the amount needed and collect from the producers sufficient money to defray the shipping point inspection costs, and the general assembly may appropriate funds from general revenue to be used for supervisory costs of the inspection service.

(RSMo 1939 § 14294, A.L. 1959 H.B. 128)

Prior revision: 1929 § 12632

Appeal of inspector's decision--reasonable fee.

265.070. Whenever any quantity of any agricultural product shall have been inspected hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality or condition of such product, any interested person, subject to such regulations as the director may prescribe, may appeal the question to him and he is authorized to cause such investigation to be made and such tests to be applied as he may deem necessary and to determine and issue a finding of the true grade or classification of the product or of the quality or condition thereof. Whenever an appeal shall be taken to the director under this chapter, he shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him which shall be refunded if the appeal is sustained.

(RSMo 1939 § 14295)

Prior revision: 1929 § 12633

CROSS REFERENCE:

Administrative procedure and review, Chap. 536

Certificate to be prima facie evidence.

265.080. A certificate when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any agricultural product, issued under this chapter and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of agricultural products shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of such agricultural product at the time of its inspection.

(RSMo 1939 § 14296)

Prior revision: 1929 § 12634

Misrepresentation of grade, classification, quality orcondition--penalty.

265.110. If any quantity of any agricultural product shall have been inspected and a certificate issued hereunder showing the grade, classification, quality or condition thereof no person shall represent that the grade, classification, quality or condition of such product at the time and place of such inspection was other than as shown by such certificate. Whenever any standard for the grading or classification of any agricultural product becomes effective under this chapter, it shall be unlawful in or in connection with any transaction or transactions involving such product in commerce subject to the jurisdiction of this state or in any publication in this state of a price or prices for or in connection with such transaction or transactions for any person to indicate the grade of any agricultural product which is of or within the grades fixed in said standard for such product by any name, description or designation or any system of names, descriptions or designations not used in said standard. Whenever any standard for a container for an agricultural product becomes effective under this chapter, no person thereafter shall manufacture for commerce within the jurisdiction of this state, or sell, ship, or offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable which does not comply with such standard subject to such tolerances as may be permitted under this chapter. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars or not more than one hundred dollars.

(RSMo 1939 § 14300)

Prior revision: 1929 § 12638

Rules for grading apples.

265.120. The director shall, as provided in section 265.020, fix and promulgate rules for grading and classifying apples; provided, that such grades shall not conflict with any such grades or standards promulgated by the United States Department of Agriculture, except as marketing conditions in Missouri require the establishment of additional state grades.

(RSMo 1939 § 14301, A.L. 1993 S.B. 52)

Apples--how marked--exemptions--penalty for violation.

265.130. All apples which are sold, offered or exposed for sale in Missouri shall be plainly and conspicuously marked with a sign bearing the name of the variety, the minimum size and the grade, and each package of apples which is sold, offered, exposed, or packaged for sale by a grower or packer shall, in addition, be plainly and conspicuously marked with the name and address of the grower or packer. The director shall exempt from the provisions of this section apples which are marked with, and meet the requirements of, grades of the United States Department of Agriculture or well established grades promulgated by other states; provided, that such apples are otherwise marked in accordance with the provisions of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. In addition, any apples found to be offered or exposed for sale in violation of this section may be ordered temporarily withdrawn from sale by the director, pending either informal adjustment according to law between the director or his duly authorized representative, and the person in charge of the apples in question, or the filing of a formal complaint, without undue delay, with the attorney general or prosecuting attorney.

(RSMo 1939 § 14302, A.L. 1951 p. 305, A.L. 1945 p. 74)

Director to enforce--powers.

265.140. The director shall be charged with the enforcement of the provisions of this chapter and for that purpose shall have the power:

(1) To enter and inspect personally, or through any authorized representative, any place within the state of Missouri where apples are sold, offered or exposed for sale, and to inspect such places and all apples and apple containers found in any such place;

(2) To inspect personally, or through any authorized representative, any records required of Missouri apple growers in connection with the enforcement of this chapter;

(3) To stop any wagon, truck, or other vehicle upon any public street or road or upon any highway of the state for the purpose of inspecting any apples that may be so transported;

(4) To make, publish and enforce such uniform rules and regulations as are necessary for carrying out the provisions of this chapter.

(RSMo 1939 § 14303, A.L. 1945 p. 74)

Merchandising fee imposed--exemptions.

265.150. There is hereby levied and imposed upon all apples grown in Missouri in 1945 and annually thereafter, a merchandising fee of one cent per bushel whether packed in any style package, loose in baskets, boxes, crates, or any other container, or in bulk; provided, that the provisions of this section shall not apply to apples shipped or sold for processing or manufacturing purposes; and further provided, the provisions of this section shall not be so construed as to apply to apples consumed, processed or manufactured on the premises of the grower; and further provided, that the provisions of this section shall not apply to cull apples as defined by the director under the provisions of sections 265.020 and 265.120; and further provided, that of each grower's production, not to exceed two hundred bushels of apples shall be exempted from the provisions of this section.

(L. 1941 p. 305 § 14303a, A.L. 1945 p. 74)

Fees, when due--installment payments--records and reports ofgrowers--penalty.

265.160. All fees levied and imposed by sections 265.130 to 265.210 shall be due and payable during the calendar year as follows: Twenty-five percent or more, based on the grower's estimate, prior to October first; fifty percent or more, based on the grower's estimate prior to December first, and twenty-five percent, or the balance, prior to or on December thirty-first. The director shall require that every grower of apples secure a certificate for shipment of apples; provided, that each grower securing a certificate shall be furnished free of charge by the director suitable forms for recording the harvest, use and sale of apples from his orchard. It shall be the duty of every grower to keep a complete record of all apples harvested, used, and shipped from his orchard. A copy of such record as herein required shall be retained by the grower for a period of one year from the date thereof and shall at all times be available for and open to the inspection of the director or his authorized representative. The burden of establishing the accuracy of any such record or copy thereof shall rest on the grower making such record. It shall be the duty of every grower to submit to the director not later than December thirty-first each year a certified summary of apples produced, harvested, used and shipped during the preceding crop season. Such summary shall be entered on forms provided or approved by the director. Any person who shall violate or aid in the violation of any provision of this section shall be guilty of a misdemeanor.

(L. 1941 p. 305 § 14303b, A.L. 1945 p. 74)

Unpaid fees to bear interest--manner of collection.

265.170. Any fee imposed by sections 265.130 to 265.210 and unpaid on the date on which such fee was due and payable, as provided in section 265.160, shall bear interest at the rate of one percent per month from and after such date until payment, plus accrued interest, is received by the director. If, after due notice, any person defaults in any payment of any fee or interest thereon, the amount due shall be collected by civil action in the name of the state of Missouri at the relation of the director, and the person adjudged in default shall pay the cost of such action. The attorney general, at the request of the director, and, if requested by the attorney general, the prosecuting attorney of any county in which a cause of action arose under the provisions of sections 265.130 to 265.210 for the collection of fees due and unpaid, shall forthwith institute proper action in the courts of this state for the collection of fees or interest thereon due under said sections.

(L. 1941 p. 305 § 14303c, A.L. 1945 p. 74)

Creation of apple merchandising fund, not transferable.

265.180. 1. All moneys received by the director under the provisions of section 265.150 shall be paid to the state treasurer to be credited to the "Apple Merchandising Fund" which is hereby created.

2. All moneys credited to the apple merchandising fund shall be appropriated by the general assembly only for the purposes as herein set forth, to be used exclusively for the administration and enforcement of sections 265.130 to 265.210, including the collection of fees, the payment for personal services and expenses of employees and agents of the director, and the payment of rent, services, materials and supplies necessary to effectuate the purposes and object of sections 265.130 to 265.210.

3. The unexpended balance in the apple merchandising 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 the transfer of funds to the ordinary revenue funds of the state by the state treasurer.

(L. 1941 p. 305 § 14303d, A. 1949 S.B. 1093)

Expenditure of moneys.

265.190. All moneys collected under sections 265.130 to 265.210 shall be expended by the director of the department of agriculture only as authorized in writing by the executive board of the Missouri state horticultural society, as defined in section 262.020, and shall be expended exclusively to administer and enforce sections 265.130 to 265.220, and to effectuate the purposes and objects thereof.

(L. 1941 p. 305 § 14303e)

Powers and duties of Missouri state horticultural society.

265.200. The executive board of the Missouri state horticultural society shall have the power and duty:

(1) To authorize the director to expend, within the appropriations provided therefor, a designated amount of the moneys in the apple merchandising fund in the enforcement of sections 265.130 and 265.140, referring to the labeling of apples;

(2) To authorize the director to expend, within the appropriations provided therefor, a reasonable amount of the moneys in the apple merchandising fund in the administration of sections 265.150 to 265.180, referring to the collection of levies imposed by this chapter;

(3) To authorize the director to apportion, within the appropriations provided therefor, a reasonable amount of the moneys in the apple merchandising fund to the agriculture business development fund;

(4) To plan and to authorize the director to conduct a campaign of education, advertising, publicity and sales promotion to increase the consumption of Missouri apples and the director may contract for any advertising, publicity and sales promotion service. To accomplish such purpose the director shall have power and it shall be the duty of the director, within the appropriations provided therefor, to disseminate information:

(a) Relating to apples and the importance thereof in preserving the public health, the economy thereof in the diet of the people, and the importance thereof in the nutrition of children;

(b) Relating to the problem of furnishing the consumer at all times with a supply of good quality apples at reasonable prices;

(c) Relating to such other, further and additional information as shall tend to promote increased consumption of Missouri apples, and as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;

(5) To cooperate with other state, regional and national agricultural organizations and may at its discretion authorize the director to expend within the appropriations provided therefor moneys of the apple merchandising fund for such purposes.

(L. 1941 p. 305 § 14303f, A.L. 1957 p. 25, A.L. 2008 S.B. 931)

Duty of state and county officers.

265.210. It shall be the duty of all state and county law enforcement officers to assist in the enforcement of sections 265.130 to 265.210.

(L. 1941 p. 305 § 14303g)

Prosecutions, procedure.

265.220. Prosecutions under this chapter shall be begun and carried on in the same manner as other prosecutions for misdemeanors in this state.

(RSMo 1939 § 14305)

Prior revision: 1929 § 12639

Definitions.

265.280. As used in sections 265.280 to 265.289, the following terms mean:

(1) "Fresh meat", any quarter, half or whole carcass of beef, pork or mutton, or any cut or portion thereof which has not been canned or cooked;

(2) "Ground meat" includes any meat subsequently ground or commingled and any portion of which is imported from a foreign nation;

(3) "Person", any individual, firm, partnership, association or corporation;

(4) "Sales at retail", sales at any retail grocery store, butcher shop, delicatessen, or other place where fresh meat is sold at retail for consumption off-premises.

(L. 1999 S.B. 310 § 7)

Sale of fresh meat from a foreign nation, when.

265.283. No person shall knowingly sell at wholesale or retail any fresh meat imported from any foreign nation without complying with all of the provisions of sections 265.280 to 265.289.

(L. 1999 S.B. 310 § 8)

Label to include country of origin.

265.286. On each quarter, half or whole carcass of imported fresh meat offered for sale at wholesale or retail, and also on any individually wrapped or packaged cut or portion thereof, there shall either be placed a label or brand clearly indicating the country of origin of the meat or a conspicuous, legible and clearly visible sign indicating the country of origin of the meat. Where unwrapped or unpackaged cuts or slices are displayed in a tray or case for selection by the patron, each tray or case shall have a conspicuous, legible and clearly visible sign or label indicating the country of origin. Every tray or other container of hamburger, ground meat, sausage, or other fresh meat displayed in the bulk shall have a sign or label conforming to the same requirements. All signs required by this section* shall be placed to clearly indicate for which cuts of meat or trays of meat such sign is intended.

(L. 1999 S.B. 310 § 9)

*Word "subsection" appears in original rolls.

Department to enforce provisions--violations, procedure, penalty.

265.289. 1. The department of agriculture shall enforce the provisions of sections 265.280 to 265.289.

2. Any person found to be in violation of any provision of sections 265.280 to 265.289 shall be issued a notice of violation. The notice shall state the date issued, the name and address of the person to whom issued, the nature of the violation, the statute or regulation violated, and the name and position of the person issuing the notice. The notice shall also contain a warning that the violation may result in an informal or formal administrative hearing or both.

3. Any person issued a notice of violation may be afforded an opportunity by the director of the department of agriculture to explain such facts at an informal hearing to be conducted within fourteen days of such notification. In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before the director or a designated hearing officer conducted in conformance with chapter 536, and if found to have committed two or more violations within twelve months, may be ordered to cease and desist from such violations, such order may be enforced in the circuit court, and, in addition, may be required to pay a penalty of not more than five hundred dollars per violation. Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which the party resides, or if the party is the state, in Cole County, in accordance with chapter 536.

4. Any penalty assessed and collected by the director shall be deposited with the state treasurer to the credit of the general revenue fund of the state.

(L. 1999 S.B. 310 § 10)

Definitions.

265.300. The following terms as used in sections 265.300 to 265.470, unless the context otherwise indicates, mean:

(1) "Adulterated", any meat or meat product under one or more of the circumstances listed in Title XXI, Chapter 12, Section 601 of the United States Code as now constituted or hereafter amended;

(2) "Capable of use as human food", any carcass, or part or product of a carcass, of any animal unless it is denatured or otherwise identified, as required by regulation prescribed by the director, to deter its use as human food, or is naturally inedible by humans;

(3) "Cold storage warehouse", any place for storing meat or meat products which contains at any one time over two thousand five hundred pounds of meat or meat products belonging to any one private owner other than the owner or operator of the warehouse;

(4) "Commercial plant", any establishment in which livestock or poultry are slaughtered for transportation or sale as articles of commerce intended for or capable of use for human consumption, or in which meat or meat products are prepared for transportation or sale as articles of commerce, intended for or capable of use for human consumption;

(5) "Director", the director of the department of agriculture of this state, or his authorized representative;

(6) "Livestock", cattle, calves, sheep, swine, ratite birds including but not limited to ostrich and emu, aquatic products as defined in section 277.024, llamas, alpaca, buffalo, elk documented as obtained from a legal source and not from the wild, goats, or horses, other equines, or rabbits raised in confinement for human consumption;

(7) "Meat", any edible portion of livestock or poultry carcass or part thereof;

(8) "Meat product", anything containing meat intended for or capable of use for human consumption, which is derived, in whole or in part, from livestock or poultry;

(9) "Misbranded", any meat or meat product under one or more of the circumstances listed in Title XXI, Chapter 12, Section 601 of the United States Code as now constituted or hereafter amended;

(10) "Official inspection mark", the symbol prescribed by the director stating that an article was inspected and passed or condemned;

(11) "Poultry", any domesticated bird intended for human consumption;

(12) "Prepared", slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed;

(13) "Unwholesome":

(a) Processed, prepared, packed or held under unsanitary conditions;

(b) Produced in whole or in part from livestock or poultry which has died other than by slaughter.

(L. 1967 p. 371 § 1, A.L. 1971 S.B. 39, A.L. 1993 H.B. 566 merged with S.B. 84, A.L. 1995 S.B. 109, A.L. 2005 S.B. 355)

All commercial slaughter plants and meat processors regulated.

265.310. All commercial plants at which livestock or poultry are slaughtered, or at which meat or meat products are processed for human consumption, shall be operated in accordance with such sanitary practices as are provided by sections 265.300 to 265.470 and by the rules and regulations prescribed by the director.

(L. 1967 p. 371 § 2)

Certain operations exempted.

265.320. 1. The director shall exempt from the provisions of sections 265.300 to 265.470, the operation of any person if and to the extent the operation would be exempt from the corresponding requirements under the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act if the operation were conducted in or for interstate commerce or the state were designated under either federal act as one in which the federal requirements apply to intrastate commerce.

2. Persons granted exemption by this section shall be subject to periodic reviews. The director may, after giving reasonable notice, withdraw the exemption for any change in the conditions under which the exemption was granted. Any person aggrieved by the director's action may, within thirty days after receipt of notice, appeal as provided by chapter 536.

(L. 1967 p. 371 § 13, A.L. 1971 S.B. 39)

Meats section created--head of section, appointment, qualifications,duties.

265.330. 1. There is hereby created "The Meats Section of the Veterinary Division of the Department of Agriculture".

2. The director shall appoint a graduate veterinarian as the head of the meats section.

3. The head of the meats section shall enforce the rules and regulations prescribed by the commissioner, and shall perform such other duties as the director and the state veterinarian deem necessary.

(L. 1967 p. 371 § 3)

Inspection supervisors, appointment, number, qualifications,compensation.

265.340. 1. The director may appoint as inspection supervisors such licensed graduate veterinarians not to exceed ten as are necessary to carry out the provisions of sections 265.300 to 265.470, and may establish their compensation within the limits of the appropriation made for that purpose.

2. The director may appoint such full or part time inspectors as are necessary to carry out the provisions of sections 265.300 to 265.470, and may establish their compensation within the limits of the appropriation made for that purpose.

(L. 1967 p. 371 § 4)

Inspectors, how assigned, duties.

265.350. 1. Each of the inspection supervisors shall provide general supervision of the inspection program under the provisions of sections 265.300 to 265.470 and shall make assignments of inspectors to inspect commercial plants within a geographical territory assigned to his general supervision by the head of the meats section.

2. The inspectors shall inspect:

(1) All livestock and poultry slaughtered for human consumption;

(2) All meat and meat products processed for human consumption;

(3) The sanitary conditions at all commercial plants in this state which slaughter, store, or process livestock, poultry, meat or meat products for human consumption.

(L. 1967 p. 371 § 5)

Inspections, when conducted.

265.360. The times of inspection of any commercial plant made under the provisions of sections 265.300 to 265.470 shall be within the regular hours of operation of the plant.

(L. 1967 p. 371 § 6)

Unwholesome meat or meat products condemned--appeal, writtennotice, reinspection--director's determination subject toadministrative review.

265.370. 1. All livestock, poultry, meat or meat products intended for human consumption found by an inspector to be unwholesome or adulterated shall be condemned and destroyed, unless the article can be rendered wholesome and unadulterated by reprocessing under the supervision of the inspector; except that any order for destruction shall be stayed by timely appeal.

2. At any time within twenty-four hours after the order of the inspector, any person aggrieved by the order may object to the inspector's determination by filing a written notice with the director, stating the specific grounds for the objection.

3. The director may cause an inspection of the condemned article to be made by two additional inspectors, and shall rule on the objection seventy-two hours after receiving notice.

4. The determination of the director shall be subject to review as provided by chapter 536.

(L. 1967 p. 371 § 7)

Unwholesome or adulterated meat to be marked, how.

265.380. All meat found to be unwholesome or adulterated shall be marked with the official condemned mark. The mark shall state that the article was inspected and condemned.

(L. 1967 p. 371 § 8)

Containers to bear inspection mark and plant number--containersto state ingredients, net weight or measure.

265.390. 1. When any meat or meat product which is prepared for human consumption shall be placed in a shipping container in a commercial plant where inspection is maintained under sections 265.300 to 265.470, the person preparing the meat or meat product shall cause to be attached to the container a label bearing the official inspection mark and the approved plant number.

2. In addition, the container which directly contains the meat or meat product shall bear a statement of the ingredients including a declaration of artificial flavors, colors, or preservatives, net weight or other measure of contents and the official inspection mark.

(L. 1967 p. 371 § 9)

Labels must be approved--appeal from director's determination.

265.400. 1. The use of any label upon or accompanying any livestock, poultry, meat or meat products inspected under sections 265.300 to 265.470 shall be approved by the director before being used, and if the director finds that any label is false or misleading, he may prohibit the use of the label unless modified.

2. Any person aggrieved by the director's determination may appeal within thirty days after receipt of notice, as provided by chapter 536.

(L. 1967 p. 371 § 10)

License required, application, fee.

265.410. 1. A license shall be required for each commercial plant which slaughters livestock or poultry, processes meat or meat products for human consumption, or keeps meat or meat products in a cold storage warehouse. Before any license is issued or renewed an inspection shall be made to determine that the plant has complied with sections 265.300 to 265.470.

2. Applications for the license shall be made on forms furnished by the director. The license fee shall be ten dollars for one year, and the license may be renewed.

(L. 1967 p. 371 § 11)

Records required, inspection permitted, records to be retained.

265.420. 1. The director may require any commercial plant which slaughters, processes, renders, transports, stores, ships or receives livestock, poultry, meat or meat products intended for human consumption to maintain records relative to the above transactions and may require it to permit an authorized representative of the director to have access to copy such records at reasonable times.

2. All records required by this section shall be preserved for two years after the transaction has taken place.

(L. 1967 p. 371 § 12)

Federal or other approved inspection basis for exemption.

265.430. Any commercial plant at which livestock or poultry are slaughtered or meat or meat products are processed for human consumption shall be exempted by the director from the inspection provisions of sections 265.300 to 265.470 if he finds that it has federal inspection or other approved inspection.

(L. 1967 p. 371 § 14)

Inspector may serve two or more plants.

265.440. If two or more commercial plants are located in the same area, the director may authorize inspection of all plants by a single inspector; except that the times of inspection for any commercial plant shall be within the normal working hours of the plant.

(L. 1967 p. 371 § 15)

Transportation or sale of adulterated, misbranded or certainunmarked meats prohibited.

265.442. 1. No person shall sell, transport, offer for sale or transportation, or receive for transportation:

(1) Any meat or meat products which are capable of use as human food, and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation;

(2) Any meat or meat food products required to be inspected under sections 265.300 to 265.460 unless they have been so inspected and passed;

(3) Any meat or meat products with respect to any such articles which are capable of use as human food, on which is performed any act, while the articles are being transported, or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

2. No person shall sell, transport, offer for sale or transportation, or receive for transportation any carcass of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the director to show the kinds of animals from which they were derived.

3. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, any meat or meat products which are not intended for use as human food, unless they are denatured or otherwise identified as required by the regulations of the director, or are naturally inedible by humans.

(L. 1971 S.B. 39 §§ 2, 3)

Stop-sale order, when--seizure of product when, appeal.

265.444. 1. All poultry, meat or meat products intended for human consumption found by an inspector to be misbranded shall be ordered off-sale. Such stop-sale order shall specify the reason for its issuance and shall detail the character of the violation. No poultry, meat or meat products to which a stop-sale order applies shall be marketed until and unless the order has been withdrawn. The director shall withdraw a stop-sale order only upon his determination that the conditions leading to issuance of the order have been corrected.

2. If the conditions leading to the issuance of a stop-sale order have not been corrected within sixty days, the director may take possession or custody of the poultry, meat or meat products against which a stop-sale order has been issued. Upon ten days' notice to the owner, the poultry, meat or meat product shall be disposed of in a manner that is consistent with the public safety and interest. The owner or custodian of the poultry, meat or meat product shall not be entitled to any compensation or damages on account of such seizure or disposition. Any order for disposal of poultry, meat or meat products that have been seized shall be stayed by timely appeal as provided in chapter 536.

(L. 1971 S.B. 39 § 4)

Violation basis for suspension or refusal to license.

265.450. The director may refuse to license or may suspend or revoke the license of any commercial plant for any violation of sections 265.300 to 265.470.

(L. 1967 p. 371 § 16)

Operation without license or selling adulterated or misbrandedmeat, penalty.

265.460. Any person who shall operate a commercial plant without a license, or sell or offer for sale any adulterated or misbranded meat or meat product is guilty of a misdemeanor. Upon conviction of a first violation he shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by confinement in the county jail for not more than one year or by both such fine and confinement. Persons found guilty of subsequent offenses shall, upon conviction, be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by confinement in the county jail for not more than one year or by both such fine and confinement.

(L. 1967 p. 371 § 18, A.L. 1971 S.B. 39)

Director and applicant placed under state department ofelementary and secondary education relative to licenses.

265.470. Insofar as issuance, revocation or suspension of any license hereunder is concerned, the director and the licensee or applicant for license shall come under the provisions of chapter 621.

(L. 1967 p. 371 § 20)

Rules, Federal Meat Inspection Act.

265.471. The director shall promulgate rules and regulations consistent with and equal to the Federal Meat Inspection Act, the Federal Poultry Products Inspection Act, and all related federal regulations and shall adopt such rules and regulations as necessary to implement the inspection programs authorized under sections 265.300 to 265.470.

(L. 2004 H.B. 1192 merged with S.B. 740, et al. § 265.475)

Definitions.

265.490. As used in sections 265.490 to 265.499:

(1) "Bulk meat" means beef sold by hanging weight, consisting of whole carcasses and the following primal cuts:

(a) "Side of beef", one-half of a split beef, comprising the frontquarter and hindquarter;

(b) "Frontquarter of beef", the foreward portion of a side, back to and including the twelfth rib;

(c) "Back of beef", chuck and rib with plate and brisket removed;

(d) "Arm chuck of beef", arm chuck with brisket removed, back to and including the fifth rib;

(e) "Rib of beef", from the sixth to the twelfth rib, inclusive, not to exceed ten inches from tip of chine bone to top of rib without plate;

(f) "Hindquarter of beef", the rear section of a side from and including the thirteenth rib, consisting of round, loin and flank;

(g) "Trimmed loin of beef", short loin and hip (sirloin), and that section of hindquarter including thirteenth rib and separated one inch to two inches below aitchbone, without flank or kidney;

(h) "Full loin of beef", loin of beef, including flank and kidney;

(i) "Round of beef", that portion of hindquarter separated from loin one inch to two inches below aitchbone back to the shin bone;

(2) "Buyer" means both actual and prospective purchasers but does not include persons purchasing for resale;

(3) "Food plan" means any plan offering meat for sale or the offering of such product in combination with each other or with any other food or nonfood product or service for a single price;

(4) "Misrepresent" means the use of any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample;

(5) "Person" means individual, partnership, firm, corporation, association, or other entity;

(6) "Represent" means the use of any form of oral or written statement, advertisement, label, display, picture, illustration or sample;

(7) "Seller" means any person, individual or business entity, corporation, league, franchise, franchisee, franchisor or any authorized representative or agent thereof who offers meat, or combinations of such items, for retail purchase to the public for preparation and consumption off the premises where sold or for direct purchase by an individual at his residence.

(L. 1985 H.B. 409 & 532 § 27)

Meat advertising to be truthful, accurate.

265.492. No person shall advertise for sale, solicit, offer to sell or sell foods by newspapers, handbills, placards, radio, television or other media unless the advertising is truthful and accurate. Such advertising shall not be misleading or deceiving in respect to grade, quality, quantity or price per pound or piece or in any other manner.

(L. 1985 H.B. 409 & 532 § 28)

Prohibited practices, required disclosures.

265.494. No person advertising, offering for sale or selling all or part of a carcass or food plan shall engage in any misleading or deceptive practices, including, but not limited to, any one or more of the following:

(1) Disparaging or degrading any product advertised or offered for sale by the seller, displaying any product or depiction of a product to any buyer in order to induce the purchase of another product or representing that a product is for sale when the representation is used primarily to sell another product, or substituting any product for that ordered by the buyer without the buyer's consent. Nothing in this subdivision shall be construed to prohibit the enhancement of sales of any product by the use of a gift;

(2) Failing to have available a sufficient quantity of the product represented as being for sale to meet reasonable anticipated demands, unless the available amount is disclosed fully and conspicuously;

(3) Using any price list or advertisement subject to changes without notice unless so stated, and which contains prices other than the seller's current billing prices, unless changes are subject to consumer's advance acceptance or rejection at or before the time of order or delivery;

(4) Misrepresenting the amount of money that the buyer will save on purchases of any products which are not of the same grade or quality;

(5) Failing to disclose fully and conspicuously in any printed advertisement and invoice in at least ten-point type any charge for cutting, wrapping, freezing, delivery, annual interest rate or financing and other services;

(6) Representing the price of any product to be offered for sale in units larger than one pound in terms other than price per single pound. Nothing in this subdivision shall be construed to prevent the price of such units from also being represented by individual serving, by fluid measure or by other meaningful description;

(7) Misrepresenting the cut, grade, brand or trade name, or weight or measure of any product;

(8) Using the abbreviation "U.S." in describing a product not graded by the United States Department of Agriculture, except that a product may be described as "U.S. Inspected" when true;

(9) Referring to a quality grade other than the United States Department of Agriculture quality grade, unless the grade name is preceded by the seller's name in type at least as large and conspicuous as the grade name;

(10) Misrepresenting a product through the use of any term similar to a government grade;

(11) Failing to disclose in uniform ten-point type, when a quality grade is advertised, a definition of the United States Department of Agriculture quality grade in the following terms:

(a) Prime;

(b) Choice;

(c) Good;

(d) Standard;

(e) Utility;

(f) Commercial;

(g) Canner;

(h) Cutter;

and within each quality grade the following yield grade:

a. Yield grade 1 - extra lean;

b. Yield grade 2 - lean;

c. Yield grade 3 - average waste;

d. Yield grade 4 - wasty;

e. Yield grade 5 - exceptionally wasty;

(12) Advertising or offering for sale carcasses, sides or primal cuts as such, while including disproportionate numbers or amounts of less expensive components of those cuts, or offering them in tandem with less expensive components from other carcasses, sides or primal cut parts;

(13) Failing to disclose fully and conspicuously the correct government grade for any product if the product is represented as having been graded;

(14) Failing to disclose fully and conspicuously that the yield of consumable meat from any carcass or part of a carcass will be less than the weight of the carcass or part of the carcass. The seller shall, for each carcass or part of carcass advertised, use separately and distinctly in any printed matter, in at least ten-point type, the following disclosure: "Sold gross weight subject to trim loss.";

(15) Misrepresenting the amount or proportion of retail cuts that a carcass or part of carcass will yield;

(16) Failing to disclose fully and conspicuously whether a quarter of a carcass is the frontquarter or hindquarter;

(17) Representing any part of a carcass as a "half" or "side" unless it consists exclusively of a frontquarter and hindquarter. Sides or halves must consist of only anatomically natural proportions of cuts from frontquarters or hindquarters;

(18) Representing primal cuts in a manner other than described in subdivision (1) of section 265.490;

(19) Using the words "bundle", "sample order" or words of similar import to describe a quantity of meat unless the seller itemizes each type of cut and the weight of each type of cut which the buyer will receive;

(20) Advertising or offering a free, bonus, or extra product or service combined with or conditioned on the purchase of any other product or service unless the additional product or service is accurately described, including, whenever applicable, grade, net weight or measure, type and brand or trade name. The words "free", "bonus" or other words of similar import shall not be used in any advertisement unless the advertisement clearly and conspicuously sets forth the total price or amount which must be purchased to entitle the buyer to the additional product or service.

(L. 1985 H.B. 409 & 532 § 29)

Penalty.

265.496. Any person who violates any provision of sections 265.490 to 265.499 is guilty of a class A misdemeanor.

(L. 1985 H.B. 409 & 532 § 30)

Inspections, department of agriculture.

265.497. Personnel designated by the director of the Missouri department of agriculture shall have access to places of business during regular business hours for the purpose of inspecting carcasses or parts of carcasses sold by the seller to determine compliance with the provisions of sections 265.490 to 265.499. The director of the Missouri department of agriculture, or personnel designated by the director, shall report any suspected violations of sections 265.490 to 265.499 to the prosecuting attorney of the county where the alleged violation occurred and to the attorney general.

(L. 1985 H.B. 409 & 532 § 31)

Remedies not to be exclusive, certain grocery retailers tobe exempt.

265.499. 1. The remedies provided in sections 265.490 to 265.499 are in addition to and not in substitution for any other remedies provided by law.

2. Sections 265.490 to 265.499 shall not apply to a regularly licensed mercantile establishment with a permanent place of business which has an inventory of other grocery products with a wholesale value in excess of fifteen thousand dollars.

(L. 1985 H.B. 409 & 532 §§ 32, 33)

Grain samples--sample sealed, when--state inspection, when--federalinspection, when--cost, how paid.

265.500. 1. Whenever the value of grain is established by analysis of a drawn sample, the seller of the grain may request in writing at the time the sample is taken that the sample be divided into two equal parts, one of which shall be sealed in an airtight container.

2. Upon written request, the buyer must keep the sealed sample for a twenty-four hour period, except that weekends or holidays shall not be included in the mandatory twenty-four hour period. During the designated period the seller may cause the sample to be delivered to an official Missouri grain inspection office by the buyer. The seller shall bear all costs of securing the official test and the results of the official test shall be the basis of payment. If either the seller or buyer is* dissatisfied with the results of the test, an official federal test may be requested by either the buyer or seller at the cost of the person requesting the test and such findings shall be binding on all parties thereto.

(L. 1975 S.B. 57 §§ 1, 2)

*Word "are" appears in original rolls.

Duties and powers of director of the department of agriculture.

265.505. The director of the department of agriculture is hereby authorized and may establish all necessary and reasonable regulations and fees for carrying out the provisions of sections 265.500 to 265.515. No regulation, or any amendment or repeal thereof, provided for in sections 265.500 to 265.515 shall be adopted, except after public hearing to be held after no less than twenty days prior legal notice by advertisement of the date, time, and place of hearing. In establishing regulations for carrying out the provisions of sections 265.500 to 265.515 the director shall by regulation provide for containers for samples which will maintain the sample in the same condition as when taken, and provide for seals for the sample containers which will insure against tampering.

(L. 1975 S.B. 57 § 3)

Violation, penalty for.

265.510. An intentional violation of the provisions of sections 265.500 to 265.515 by any person or persons sampling grain for the purpose of determining the price thereof shall be deemed a misdemeanor and, upon conviction, shall be fined a sum not to exceed five hundred dollars.

(L. 1975 S.B. 57 § 4)

Rules of director, ratification of.

265.515. All rules and regulations promulgated by the director of the department of agriculture under the terms of sections 265.500 to 265.515 shall stand ratified unless rescinded by the general assembly by bill or concurrent resolution.

(L. 1975 S.B. 57 § 5)

CROSS REFERENCE:

Rules, procedure for making and rescinding, Chap. 536

Citation of law--definitions--council created, members, terms,meetings, powers and duties--department authority--fees,rulemaking authority--violations, penalty--fund created, use ofmoneys.

265.525. 1. This section shall be known as the "Missouri Rice Certification Act".

2. As used in this section, the following terms shall mean:

(1) "Characteristics of commercial impact", characteristics determined by the rice advisory council under subsection 7 of this section that may adversely affect the marketability of rice in the event of commingling with other rice and may include, but are not limited to, those characteristics that cannot be visually identified without the aid of specialized equipment or testing, those characteristics that create a significant economic impact in their removal from commingled rice, and those characteristics whose removal from commingled rice is infeasible;

(2) "Council", the rice advisory council established in this section;

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

(4) "Director", the director of the department of agriculture;

(5) "End user", any company or corporation, not to include a producer, that is a major industrial user of rice in food processing;

(6) "Handler", any person, not to include a producer, engaged in this state in the business of buying, marketing, drying, milling, or warehousing rice;

(7) "Person", any individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or any other entity doing business in Missouri;

(8) "Producer", any person who produces, or causes to be produced, rice;

(9) "Rice", all rough or paddy rice or brown rice (Oryza species) produced in or shipped in Missouri, including rice produced for seed. It does not include wild rice (Zinzania aquatic or Zinzania palustris).

3. Except as provided by rules promulgated by the department, it shall be unlawful for any person to introduce, sell, plant, produce, harvest, transport, store, process, or otherwise handle rice identified as having characteristics of commercial impact.

4. There is hereby created within the department of agriculture the "Rice Advisory Council". The council shall be made up of the following ten members:

(1) The director, or his or her designee;

(2) Three members appointed by the director to include:

(a) An individual employed as or by a handler in Missouri;

(b) An individual employed as or by an end user;

(c) An individual representing the biotechnology industry who is familiar with rice genetics;

(3) Six members appointed by the director as recommended by the Missouri Rice Research and Merchandising Council to include:

(a) Two producers, neither of whom shall be employed by or serve on the board of any rice mill or rice merchandiser;

(b) Two scientists employed by institutes of higher education in Missouri;

(c) A representative of rice mills operating in Missouri; and

(d) A representative of rice seed dealers.

5. Members of the council shall serve terms of three years in length except that the director shall be a permanent member of the council and the director shall stagger the terms of the initial appointments so that three members serve terms of two years, three members serve terms of three years, and three members serve terms of four years. There is no limit to the number of terms a member may serve. Vacancies shall be filled in the same manner of representation as the original appointments.

6. The rice advisory council shall meet no less than twice annually as determined by the chairperson of the council, who shall be elected by the council at its first meeting and once every calendar year thereafter. Members of the council shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

7. The powers and duties of the rice advisory council shall include, but not be limited to, all of the following:

(1) Identifying rice varieties that have characteristics of commercial impact;

(2) Reviewing the efficacy of terms and conditions of identity preservation programs imposed on the planting, producing, harvesting, transporting, drying, storing, testing, or otherwise handling of rice identified using the most current industry standards and generally accepted scientific principles;

(3) Reviewing each rice variety identified as having characteristics of commercial impact not less often than every two years, or upon receipt of a petition from the purveyor of the rice;

(4) Making recommendations to the director on all matters pertaining to this section, including, but not limited to, enforcement of this section.

8. The department shall have the power to:

(1) Maintain the integrity and prevent the contamination of rice which has not been identified as having characteristics of commercial impact;

(2) Prevent the introduction of disease, weeds, or other pests that would adversely affect rice which has not been identified as having characteristics of commercial impact;

(3) Require that persons selling, offering for sale, or otherwise distributing seed for the production of rice identified as having characteristics of commercial impact, or that persons bringing rice identified as having characteristics of commercial impact into the state for processing, notify the department of the location of planting sites and the dates and procedures for planting, producing, harvesting, transporting, drying, storing, testing, or otherwise handling of rice identified as having characteristics of commercial impact;

(4) Require that persons receiving rice having been identified as having characteristics of commercial impact produced outside the state for processing notify the department of the location of the receipt and the procedures for processing, transporting, drying, storing, testing, or otherwise handling the rice to prevent commercial impact to other rice and the spread of weeds, disease, or other pests;

(5) Enforce restrictions and prohibitions imposed by the department on the selling, planting, producing, harvesting, transporting, drying, storing, testing, processing, or otherwise handling of rice identified as having characteristics of commercial impact; and

(6) Investigate alleged violations of this section, issue notices of violation, provide for an appeals process for persons aggrieved by the provisions of this section, and impose penalties for violation of this section.

9. The department may establish and collect reasonable fees for any sampling and testing of rice that the department determines is necessary to implement the provisions of this section. Any such fees shall be reviewed by the rice advisory council.

10. The department shall promulgate rules to implement the provisions 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, 2007, shall be invalid and void.

11. The department shall regularly report to the rice advisory council any findings of rice varieties that could potentially have characteristics of commercial impact.

12. If the rice advisory council determines that any rice variety with characteristics of commercial impact is documented as causing unreasonable adverse effects on the environment or public health, the council may issue recommendations to the department. Within sixty days of receiving any such recommendations from the council, the department shall hold a public hearing for the purpose of determining the nature and extent of commercial impact. Within thirty days of holding any such public hearing, the department shall issue a detailed opinion in response to the council recommendations.

13. The penalty for violating a provision of this section shall be no less than ten thousand dollars nor more than one hundred thousand dollars per day per violation.

14. If the department determines a person has violated any provision of this section, the department shall provide written notice to such person informing the person of the violation. The notice shall inform the person of the right to request an appeal. Nothing in this section shall prevent a person from seeking judicial relief in a court of competent jurisdiction.

15. (1) There is hereby created in the state treasury the "Missouri Rice Certification Fund", which shall consist of fees collected under this section. The fund shall be administered by the department of agriculture and all moneys in the fund shall be distributed by the department of agriculture in accordance with this section. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180.

(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.

16. The provisions of this section shall not be subject to the provisions of sections 610.010 to 610.200.

(L. 2007 H.B. 741, A.L. 2010 H.B. 1840)


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