Missouri Revised Statutes

Chapter 266
Seeds, Fertilizers and Feeds

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Short title.

266.011. Sections 266.011 to 266.111* shall be cited as "The Missouri Seed Law".

(L. 1951 p. 5 § 266.010, A.L. 1979 H.B. 57)

*Words "this law" appear in original rolls.

Definitions.

266.021. When used in sections 266.011 to 266.111:

(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this law.

(2) "Agricultural seeds" includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural or field seeds, except Johnson grass.

(3) "Certified seed" means certified, registered, foundation or any term conveying a similar meaning when referring to seed that has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of a legally constituted and officially recognized seed certifying agency as provided for in this law.

(4) "Controlling the pollination" means to use a method of hybridization which will produce pure seed which is at least seventy-five percent hybrid seed. Hybrid designations shall be treated as variety names.

(5) "Department" or "department of agriculture" means the state department of agriculture, and when by this law the said department of agriculture is charged to perform a duty it shall be understood to authorize the performance of such duty by the director of the department of agriculture or his duly authorized deputies subject to his instructions.

(6) "Director" means the director of the Missouri state department of agriculture.

(7) "Hybrid" applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining:

(a) Two or more inbred lines;

(b) One inbred or a single cross with an open pollinated variety;

(c) Two selected clones, seed lines, varieties, or species.

(8) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, or timothy.

(9) "Label" means any tag, label, brand, or device attached to, or written, stamped, printed, or stenciled on any container of seed or supplied with any bulk lot of seeds.

(10) "Lot" means a definite quantity of seed identified by a number, every portion or bag of which is uniform, within permitted tolerances for factors which appear in the labeling.

(11) "Person" includes any individual, partnership, corporation, company, society, or association.

(12) "Place of business" is that place from which seed is sold and includes a:

(a) "Retail place of business" where seed is held for sale and sold, or held for sale and offered for sale to the end user;

(b) "Wholesale place of business" where seed is held for sale and sold, or held for sale and offered for sale to a seed dealer.

(13) "Record" includes all information relating to the shipment and sale of seed.

(14) "Seizure" means a legal process for obtaining seed as granted by court order.

(15) "Stop-sale" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed, of a specific lot number if the seed is distinguished by lots.

(16) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(17) "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.

(18) "Vegetable seeds" includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state.

(19) "Weed seeds" includes the seeds of all plants generally recognized as weeds within this state, and includes (a) noxious-weed seeds which are the seeds of weeds which are highly objectionable in fields, lawns or gardens of Missouri, and which are difficult to control by good cultural practices, and (b) prohibited weed seeds which are the seeds of weeds which, when established, are highly destructive and difficult to control in this state by good cultural practices. The species of weeds seed declared to be noxious and the species of weeds seed declared to be prohibited shall be established by regulation.

(L. 1951 p. 5 § 266.020, A.L. 1957 p. 13, A.L. 1979 H.B. 57)

Permits required, fees, terms--penalty for late application.

266.031. 1. Any person who sells, distributes, offers or exposes for sale any agricultural or vegetable seed in the state of Missouri shall obtain a seed permit from the director of agriculture unless exempted as in section 266.080. Seed dealers must purchase permits for each seed sales classification performed, selling or taking orders for seed from other than an established place of business, selling seed from a retail place of business, selling seed from a wholesale place of business, or negotiating sales as a broker. A separate permit shall be required for each place of business from which seed regulated by this law is sold. A separate permit shall also be required of each person selling or taking orders for seed from other than an established place of business. Seed permit fees will be assessed as follows:

(1) Place of business selling vegetable seed

packets of one pound or less or lawn

seed packages to the end user $5.00

(2) Person that sells only labeled seed

grown on their own property $5.00

(3) Retail place of business or person not

otherwise identified that sells or offers

for sale agricultural seed or offers for

sale agricultural seed or bulk vegetable

seed to the end user and which does not

provide storage facilities $5.00

(4) Retail place of business or person not

otherwise identified that sells or offers

for sale agricultural seed or offers for

sale agricultural seed or bulk vegetable

seed to the end user and which provides

storage facilities. A permit to sell

agricultural or bulk vegetable seed will

suffice for selling seed as listed in (1) and (2) $15.00

(5) Wholesale place of business selling

labeled seed for resale, or negotiating

sales as a seed broker $100.00

2. Farmers and seed producers shall be classed as seedsmen and must comply with all the provisions of sections 266.011 to 266.111 when the farmers or seed producers:

(1) Offer, sell or expose for sale seed not of their own production;

(2) Sell and deliver seed to a purchaser by way of common carrier;

(3) Sell seed by any public sales service;

(4) Advertise or label seed referring to the purity or germination.

3. No permit is transferable. All persons holding a Missouri seed permit shall post the permit in a conspicuous place in the place of business to which it applies. The licensing year shall be twelve months, or any fraction thereof, beginning on January first and ending December thirty-first. All permit fees shall be paid to the Missouri department of agriculture and shall be deposited in the state treasury.

4. If the application for renewal of any seed permit is not filed prior to expiration date in any year, a penalty of fifty percent shall be assessed and added to the original fee and shall be paid by the applicant before that renewal license shall be issued; provided, that such penalty shall not apply if the applicant furnishes an affidavit certifying that he has not engaged in selling, distributing, offering or exposing seed for sale, subsequent to the expiration date of his license.

(L. 1951 p. 5 § 266.030, A.L. 1957 p. 13, A.L. 1979 H.B. 57)

Limit to number of free tests--regulations authorized--fee for excess.

266.040. Any citizen of this state shall have the privilege of submitting to the director of the department of agriculture samples of agriculture and vegetable seeds for test and analysis, subject to such regulations as may be adopted by the director; provided, that the director may by regulations fix the maximum number of samples that may be tested free of charge for any one citizen in a specified period of time, and fix charges for tests on samples submitted in excess of those tested free of charge. The fees collected for testing seed shall be paid to the Missouri department of agriculture and shall be deposited in the state treasury.

(RSMo 1939 § 14279, A.L. 1951 p. 5, A.L. 1979 H.B. 57)

Label requirements for agricultural seeds.

266.051. 1. Each container of agricultural seed of more than one pound and vegetable seed in any amount which is sold, offered for sale, transported, or exposed for sale, within this state for seeding purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information:

(1) For agricultural seeds:

(a) Commonly accepted name of (A) kind or (B) kind and variety, of each agricultural seed component in excess of five percent of the whole by weight. When more than one component is required to be named, the work "mixture" or the word "mixed" shall be shown conspicuously on the label;

(b) Lot number or other lot identification;

(c) Origin, if unknown, that fact shall be stated;

(d) Percentage by weight of pure seed;

(e) Percentage by weight of all weed seeds;

(f) Percentage by weight of agricultural seeds (which may be designated as "crop seeds") other than those required to be named on the label;

(g) Percentage by weight of inert matter;

(h) Noxious weed seed content must be expressed in numbers per pound if the seed is sold in units of pounds or U.S. dry measure and in numbers per one hundred grams if the seed is sold in units of the metric system. The name and number of each kind of noxious weed seed must be stated when present singly or collectively in excess of the numbers listed in subparagraphs a, b, c, or d:

a. Eighty seeds per pound or eighteen seeds per one hundred grams of Agrostis species, Poa species, Bermuda grass, timothy, orchard grass, fescues (except meadow and tall fescues), alsike and white clover, reed canary grass, and other agricultural seeds of similar size and weight, or mixtures within this group;

b. Forty-eight seeds per pound or eleven seeds per one hundred grams of ryegrasses, meadow and tall fescues, millets, alfalfa, red clover, sweet clovers, lespedezas, brome grass, crimson clover, rape, Agropyron species, and other agricultural seeds of similar size and weight, or mixtures within this group, or of this group with subparagraph a, above;

c. Sixteen seeds per pound or four seeds per one hundred grams of vetches, sudan grass and other agricultural seeds of similar size and weight, or mixtures not specified in subparagraphs a, b, and d, of this section;

d. Eighty seeds per pound or eighteen seeds per one hundred grams of wheat, oats, rye, barley, buckwheat, sorghums (except sudan grass), soybeans, cowpeas, and other agricultural seeds of a size and weight similar to or greater than those within this group;

(i) The word "none", if shown on the label or tag under "noxious weeds", shall be construed as meaning that no noxious weed seeds are present. If noxious weed seeds are not present in excess of the number prescribed in paragraph (h), subparagraphs a, b, c, and d, above, then there shall be shown on the label or tag under "noxious weeds" either the name and number of each kind of noxious weed seeds present per pound or per one hundred grams, as may be the case, or the words "not in excess of . . ." and in the blank to be inserted the maximum number permitted under paragraph (h), subparagraphs a, b, c, and d;

(j) For each named agricultural seed:

a. Percentage of germination, exclusive of hard seeds;

b. Percentage of hard seed, if present;

c. Total germination and hard seed;

d. The calendar month and year the test was completed to determine such percentage;

(k) Name and address of the person who labeled said seed, or the name and address of the person who sells, offers or exposes said seed for sale within this state;

(l) Warning as to danger if seed has been treated with a compound poisonous to man or farm animal;

(2) For vegetable seeds:

(a) Name of kind and variety of seed;

(b) For vegetable seed packets of one pound or less, the planting season for which the seed was packed;

(c) For vegetable seed in containers of more than one pound the percentage of germination, and the month and year in which the germination test was performed;

(d) For seed in packets of one pound or less, that germinates less than the standards as established by the Federal Seed Act, or as the director prescribes through regulation:

a. Percentage of germination, exclusive of hard seed;

b. Percentage of hard seed, if present;

c. Total germination and hard seed;

d. The words "below standard" in not less than eight point type;

e. The calendar month and year the test was completed;

(e) Name and address of the person who labeled said seed, or the name and address of the person who sells, offers or exposes said seed for sale within this state.

2. Agriculture seeds exposed for sale stored in bulk shall be labeled by attaching to the bin, tank, box, or other container in a conspicuous place, a tag or label stating the information required by the Missouri seed law and the rules and regulations thereunder. Any portion of seeds consisting of more than one pound sold from bulk directly to the purchaser shall be accompanied by an exact copy of the label attached to the container of the bulk lot of seed.

3. Agricultural seed labeled to show less than fifty percent germination must be additionally distinguished by the words "low germination". No seed containing less than twenty-five percent germination can be sold at retail level. This demarkation must be printed diagonally across the seed quality guarantees in print size at least three times the print used to express other seed quality claims.

4. Labeling agricultural seed as to variety is not required; however, when a variety name is shown on the label, the name must be confined to the recognized variety name. The representation of variety shall be confined to the recognized name of the variety of seed and such seed shall not have affixed thereto names or terms that create a misleading impression as to the history or quality of the seed.

5. When using the designation "hybrid" in labeling if any one kind or kind and variety of seed present in excess of five percent is hybrid seed, it shall be designated "hybrid" on the label. The percentage that is hybrid shall be at least ninety-five percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds of varieties are present in excess of five percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than ninety-five percent but more than seventy-five percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show:

(1) The percentage of pure seed that is hybrid seed;

(2) A statement such as contains from seventy-five percent to ninety-five percent hybrid seed.

6. When using the designation "hybrid" in labeling no one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than seventy-five percent hybrid seed.

7. Seed treated with a compound poisonous to man or farm animal shall show on the label or on a separate tag the words "poison treated" in boldface type, and in addition give the name of the chemical or brand name of treatment used.

(L. 1951 p. 5 § 266.050, A.L. 1979 H.B. 57)

Contents of statement on label or tag.

266.061. No statements regarding the quality or purity of such agricultural or vegetable seeds, if inconsistent with the requirements of this law, shall be written or printed on the label or tag, or placed inside or affixed to any container of agricultural or vegetable seed sold, offered for sale, transported or exposed for sale within this state for seeding purposes, except this section shall not prohibit the use of a limited warranty statement, provided such statement shall in no way modify or deny the labeling information required in this law or constitute a defense of any violation of this law.

(L. 1951 p. 5 § 266.060, A.L. 1979 H.B. 57)

Sales, offers for sale and acts prohibited.

266.071. 1. It is unlawful for any person to sell, distribute, offer for sale, or expose for sale any agricultural or vegetable seed within this state:

(1) Unless the test to determine the percentage of germination was performed within ten months of the time the seed is sold, exposed for sale, offered for sale or distributed. An exception shall be allowed for seed packaged in hermetically sealed containers, which may be sold, exposed for sale, offered for sale or transported up to thirty-six months after the test to determine the percentage of germination, if the seed is packaged according to the regulation governing hermetically packaged seed;

(2) Not labeled in accordance with the provisions of sections 266.011 to 266.111 or having a false or misleading labeling;

(3) Which has false or misleading advertisement;

(4) Containing prohibited weed seeds;

(5) Containing noxious weed seeds in excess of one-half percent, or in excess of the number declared on the label attached to the container of the seed;

(6) Containing more than two percent by weight of weed seeds, except for Brome grass, orchard grass or fescue which may not exceed three percent;

(7) Which is represented to be certified, registered, foundation, or any other term conveying a similar meaning when referring to seed unless it has been produced, processed, and labeled in accordance with procedures and in compliance with the rules and regulations of an officially recognized certifying agency.

2. It is unlawful for any person within this state:

(1) To detach, alter, deface or destroy any label provided for in sections 266.011 to 266.111, or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purposes of sections 266.011 to 266.111;

(2) To hinder or obstruct in any way any authorized person in the performance of his duties under sections 266.011 to 266.111;

(3) To fail to comply with a "stop-sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop-sale" order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified thereby;

(4) To sell noxious or prohibitive weed seed except as provided in section 266.080;

(5) To sell seed to persons performing the seed sale functions listed in subdivision (1), (2), (3), or (4) of subsection 1 of section 266.031, unless the person buying has a retail permit to sell seed;

(6) To permit seed to move into this state which does not meet the standards of the seed certifying agency of the state in which the seed originated or the provisions of Missouri seed law.

(L. 1951 p. 5 § 266.070, A.L. 1957 p. 13, A.L. 1979 H.B. 57)

Records required--inspection--retention.

266.076. All wholesale places of business shall maintain records showing kind of seed, quantity, date of shipment, consignee and consignor. Records on seed sales must be made available during normal business hours, at the seed dealer's place of business for the director when he has preceded the time of inspection by a request in writing. Seed records shall be maintained for a period of three years.

(L. 1979 H.B. 57)

Exemptions.

266.080. The provisions of sections 266.051, 266.061 and 266.071 shall not apply:

(1) To seed or grain not intended for seeding purposes;

(2) To seed in storage, or being transported or consigned to an establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of said seed bears the statement "seed for processing"; and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this law;

(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed subject to the provisions of this law;

(4) To a farmer who sells unlabeled seed of his own production;

(5) To seed for use in experimental or breeding purposes, when approved by the director of agriculture on a form established by regulation.

(RSMo 1939 § 14270, A.L. 1951 p. 5, A.L. 1957 p. 13, A.L. 1979 H.B. 57)

Prior revisions: 1929 § 12606; 1919 § 12127

Director of agriculture to enforce provisions and requirements--rulesand regulations to be adopted, procedure--laboratory--cooperationwith others.

266.091. 1. The duty of enforcing sections 266.011 to 266.111 and carrying out its provisions and requirements shall be vested in the director of the department of agriculture. It shall be the duty of the director, individually, or through his authorized agents:

(1) To sample, inspect, make analysis of, and test agricultural and vegetable seeds transported, sold or offered or exposed for sale within this state for seeding purposes, at such time and place and to such extent as he deems necessary to determine whether the agricultural or vegetable seeds are in compliance with the provisions of sections 266.011 to 266.111, and to notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation;

(2) To adopt, after a public hearing, such reasonable rules and regulations necessary to secure the efficient enforcement of sections 266.011 to 266.111, including the promulgation of definitions of terms relating to the enforcement of this law;

(3) To follow the established rules and methods on analysis as practiced by the Association of Official Seed Analysts and recognized by the seed testing laboratories of the United States Department of Agriculture;

(4) To use tolerances, on pure seed, germination, weed seed and other crop as published in the rules for seed testing by the Association of Official Seed Analysts when taking regulatory action in the administration of this law.

2. Further, for the purpose of carrying out the provisions of sections 266.011 to 266.111, the director of the department of agriculture, individually, or through his authorized agents, is authorized:

(1) To enter upon any public or private premises during the regular business hours in order to have access to seeds subject to the law and the rules thereunder;

(2) To issue and enforce a written or printed "stop-sale" order to the owner or custodian of any lot of agricultural or vegetable seed which the director of the department of agriculture finds is in violation of any of the provisions of sections 266.011 to 266.111, which order shall prohibit further sale of the seed until the officer has evidence that the law has been complied with and the owner or custodian shall have the right to take such steps as may be possible to bring the seed into compliance, such as recleaning, retesting, or relabeling. In respect to seeds which have been denied sale as provided in this subdivision, the owner or custodian of such seeds shall have the right of appeal from the order to the circuit court of the county or city in which the seed is found, praying for a judgment as to the justification of the order and for the discharge of the seed from the order prohibiting the sale in accordance with the findings of the court;

(3) To maintain a laboratory with necessary equipment within appropriations, and is authorized to assign any of his employees without additional salary to aid in the administration of sections 266.011 to 266.111, and shall further be required to secure an analyst or analysts and other necessary employees and designate reasonable remuneration therefor, for the proper enforcement and carrying out of the provisions of sections 266.011 to 266.111. It shall be the duty of the director, within his discretion and appropriations, to publish or cause to be published the results of the examinations, analyses and tests of these samples of agricultural seed or mixture of such seed, drawn as provided for in sections 266.011 to 266.111, together with any other information the director may find advisable. If the director publishes the violations of any seedsman he shall publish the violations of all seedsmen over the same period of time;

(4) To consider for regulatory purposes vegetable seed packets containing one pound or less deficient in germination, when by composite testing, a variety of vegetable seed of a single labeler is found deficient in germination. The method used to determine germination deficiency in vegetable seed packets will consist of germination analysis on at least one packet collected from each of ten different distribution points within the state. If five or more packets are found deficient in germination, that variety, or lot if distinguished by lot numbers, for that labeler will be considered deficient. A "stop-sale" will be issued on that variety or lot in all distribution points known by the director to be offering the vegetable seed packets for sale, and those places of business and the labeler of the seed will be notified;

(5) To gather information necessary to restrict the sale of uncertified seed sold by variety name when that variety has been granted a certificate of protection under the Plant Variety Protection Act which specifies sale only as a class of certified seed;

(6) To cooperate with, and enter into agreements with, any other agency of this state, the United States Department of Agriculture, and any other state or agency thereof, for the purpose of carrying out the provisions of sections 266.011 to 266.111, and securing uniformity of regulations.

3. No rule or portion of a rule promulgated under the authority of sections 266.011 to 266.111 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1951 p. 5 § 266.090, A.L. 1957 p. 13, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 57, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Seed certification agency, designation.

266.095. Certification of seed in the state of Missouri shall be carried out by an agency or association designated annually by the director of the Missouri agricultural experiment station at Columbia, Missouri.

(L. 1957 p. 13 § 266.092)

Seed subject to seizure, when--proceedings--disposition of condemnedseed.

266.101. Any lot of agricultural or vegetable seed found in the possession of a single owner or custodian and not in compliance with the provisions of this law shall be subject to seizure upon complaint of the director of the department of agriculture to the circuit court of the county or city in which such seed is located. Such seizure shall not be made until the owner or custodian of the seed has been given sixty days from the date of a "stop-sale" order to bring the seed in compliance with the provisions of this law. In the event the court finds that the seed does not comply with this law, it shall order the condemnation thereof, and the seed shall be denatured, processed, destroyed, relabeled, or otherwise disposed of by the court; provided, that either party may demand a trial by jury on any issue of fact joined in any such case; and provided further, that in no instance shall the court order such disposition of said seed without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel said seed to bring it into compliance with this law.

(L. 1951 p. 5 § 266.100, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 57)

Injunctive relief--bond required.

266.105. When in the performance of his duties the director of agriculture applies to any court for a temporary or permanent injunction restraining any person from violation or continuing to violate any of the provisions of this law or any rules and regulations under this law, the court may cause a temporary restraining order or a temporary or permanent injunction to issue. The provisions of chapter 526 to the contrary notwithstanding, the state, when acting as party plaintiff in an action for a temporary restraining order or temporary or permanent injunction under this section, shall execute a bond to the other party, in such sum as the court deems sufficient to secure the amount or other matter to be restrained or enjoined, and all changes that may be occasioned by the restraining order or injunction to the parties restrained or enjoined, or to any party interested in the subject matter of the controversy, conditioned that the state will abide the decision in the controversy, and pay all sums of money, damages and costs that shall be adjudged against the state if the temporary restraining order or injunction is dissolved.

(L. 1979 H.B. 57)

Penalties for violations--attorney general to act on request, when,procedure--publication by director of result of legal action.

266.111. 1. Every violation of the provisions of this law shall be deemed a misdemeanor punishable by a fine not exceeding five hundred dollars for the first offense and not exceeding one thousand dollars for each subsequent similar offense.

2. The director may report any violation of the provisions of sections 266.011 to 266.111 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act; however, no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or his duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided.

3. It is the duty of the director of agriculture or the attorney general, as the case may be, to institute proceedings at once against any person charged with a violation of this law, if, in the judgment of such officer, the information submitted warrants such action.

4. After judgment by the court in any case arising under this law, the director of agriculture shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate.

(L. 1951 p. 5 § 266.110, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 57)

Title of law.

266.152. Sections 266.152 to 266.220 shall be known as the "Missouri Commercial Feed Law".

(L. 1972 S.B. 506 § 2, A.L. 1997 H.B. 211)

Effective 1-1-98

Director of agriculture to administer.

266.155. Sections 266.152 to 266.220 shall be administered by the director of the department of agriculture of the state of Missouri, hereinafter referred to as the "director".

(L. 1972 S.B. 506 § 3)

Effective 1-1-73

Definitions.

266.160. When used in sections 266.152 to 266.220 the following terms mean:

(1) "Brand name", any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor, manufacturer or guarantor and distinguishing it from that of others;

(2) "Commercial feed", all materials or combinations of materials which are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted by the director. Unmixed whole seeds and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated within the meaning of subsection 1 of section 266.180, as well as wild bird seed, are exempt from the definition of commercial feed. The director by rule may exempt from this definition or from specific provisions of sections 266.152 to 266.220, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed with other materials and are not adulterated within the meaning of subsection 1 of section 266.180. Commercial feed shall not include feed that is manufactured, distributed and consumed by the manufacturer's own livestock;

(3) "Consultant-formulated feed", commercial feed manufactured for a final purchaser based upon a* formula and/or specifications developed for the feed purchaser by an independent consultant or feed manufacturer;

(4) "Customer-formula feed", commercial feed which consists of a mixture of commercial feeds or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser;

(5) "Department", the Missouri department of agriculture;

(6) "Director", the director of the Missouri department of agriculture;

(7) "Distribute", to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed;

(8) "Distributor", any person who distributes;

(9) "Drug", any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body;

(10) "Feed ingredient", each of the constituent materials making up a commercial feed;

(11) "Independent consultant", any person who provides animal nutritional formulation to a feed purchaser for a fee rather than the sale of feed except that a veterinarian actively treating an identified animal is not an independent consultant;

(12) "Label", a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;

(13) "Labeling", all labels and other written, printed or graphic matter:

(a) Upon a commercial feed or any of its containers or wrapper; or

(b) Accompanying such commercial feed;

(14) "Manufacture", to grind, mix or blend, or further process a commercial feed for distribution;

(15) "Metric ton", a metric ton of one thousand kilograms or two thousand two hundred and four pounds avoirdupois;

(16) "Mineral feed", a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

(17) "Official sample", a sample of feed taken by the director or the director's agent in accordance with the provisions of subsection 3, 5, 6 or 9 of section 266.200;

(18) "Percent" or "percentages", percentages by weights;

(19) "Person" includes individual, partnership, corporation, and association;

(20) "Pet", any domesticated animal normally maintained in or near the household of the owner thereof;

(21) "Pet food", any commercial feed prepared and distributed for consumption by dogs and cats;

(22) "Product name", the name of the commercial feed which identifies it as to kind, class, or specific use;

(23) "Quantity statement", the net weight (mass), net volume (liquid or dry), or count;

(24) "Rule", an administrative rule as defined by chapter 536 or further elaboration of a particular statute;

(25) "Specialty pet", any domesticated animal pet normally maintained in a cage or tank, such as but not limited to gerbils, hamsters, birds, fish, and turtles;

(26) "Specialty pet food", any commercial feed prepared and distributed for consumption by specialty pets;

(27) "Ton", a net weight of two thousand pounds avoirdupois.

(L. 1972 S.B. 506 § 4, A.L. 1997 H.B. 211, A.L. 1998 H.B. 1600)

*Word "a" does not appear in original rolls.

License required to manufacture or distribute commercial feed,application form, fee, late fee--rules authorized--license suspension,revocation or refusal--independent consultants, how regulated,penalties.

266.165. 1. Any person who manufactures a commercial feed within the state, or who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor, or any person who acts as an independent consultant shall obtain a license for each facility authorizing such person to manufacture or distribute commercial feed or act as an independent consultant in the formulation of feeds before such person engages in such activity. Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under sections 266.152 to 266.220 is not required to obtain a license. Any person who acts as an independent consultant shall also obtain such a license. Any person who is required to obtain such a license shall submit an application on a form provided or approved by the state department of agriculture accompanied by a license fee of twenty-five dollars and specified by rule promulgated pursuant to section 266.195. The license year shall be July first through June thirtieth. Each license shall expire on the thirtieth day of June of the year for which it is issued; provided that any license shall be valid through July thirty-first of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder of such license has filed a renewal application with the state on or before June thirtieth of the year for which the current license was issued. Any new applicant who fails to obtain a license within fifteen working days of notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a twenty-five dollar late fee in addition to the license fee.

2. The license application shall be established by rules adopted by the state department of agriculture.

3. The state, under conditions specified by rule, may request copies of labels and labeling at any time from a license applicant or licensee in order to determine compliance with the provisions of sections 266.152 to 266.220.

4. The state may refuse to issue a license to any person not in compliance with the provisions of sections 266.152 to 266.220. The department may suspend or revoke any license issued to any person found not to be in compliance with any provision of sections 266.152 to 266.220. The director of the department of agriculture may place conditions that limit production or distribution of a particular commercial feed on the license of any person not found to be in compliance with sections 266.152 to 266.220. No license shall be conditionalized, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the director or a hearing officer designated by the director in order to comply with the requirements of sections 266.152 to 266.220.

5. The state, under conditions specified by rule, may require independent consultants formulating consultant-formula feeds to furnish signed copies of their formulations and specifications along with directions for use and appropriate warning statements to the manufacturer and end user of the product. Consultant recommendations found to be inadequate are subject to all the penalties as described in section 266.210.

(L. 1972 S.B. 506 § 5, A.L. 1997 H.B. 211, A.L. 1998 H.B. 1600)

Commercial feed, how labeled.

266.170. A commercial feed shall be labeled as follows:

(1) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:

(a) The product name, and the brand name if any, under which the commercial feed is distributed. Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by the Association of American Feed Control Officials unless the director designates otherwise;

(b) The guaranteed analysis stated in such terms as the director by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling, and in all cases the substances or elements shall be determinable by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists;

(c) The name of each ingredient used in the manufacture of the commercial feed shall be that established by rule or the common or usual name. The director by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or the director may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if the director finds that such statement is not required in the interest of consumers;

(d) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;

(e) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use;

(f) Such precautionary statements as the director by rule determines are necessary for the safe and effective use of the commercial feed;

(g) The quantity statement;

(2) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:

(a) Name and address of the manufacturer;

(b) Name and address of the purchaser;

(c) Date of delivery;

(d) The product name and brand name, if any, and the net weight of each commercial feed used in the mixture, and the net weight of each other ingredient used;

(e) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use;

(f) Such warning or caution statements as the director by rule determines are necessary for the safe and effective use of the customer-formula feed.

(L. 1972 S.B. 506 § 6, A.L. 1997 H.B. 211)

Effective 1-1-98

Misbranding, what constitutes.

266.175. A commercial feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another commercial feed;

(3) If it is not labeled as required in section 266.170, and the rules promulgated thereunder;

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rules by the director;

(5) If it is not appropriate for its intended or purported use;

(6) If any word, statement, or other information required by or under authority of sections 266.152 to 266.220 to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(L. 1972 S.B. 506 § 7, A.L. 1997 H.B. 211)

Effective 1-1-98

Adulterated feed, what constitutes.

266.180. A commercial feed shall be deemed to be adulterated:

(1) (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subdivision if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or

(b) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive); or

(c) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or

(d) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act; provided, where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408(a), of the Federal Food, Drug, and Cosmetic Act;

(e) If it is, or it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act;

(f) If it is, or it bears or contains any new animal drug which is unsafe within the meaning of section 514 of the Federal Food, Drug, and Cosmetic Act;

(g) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed;

(h) If it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(i) If it is, in whole or in part, the product of a diseased animal or of an animal which dies other than by slaughter which is unsafe within the meaning of section 402(a)(5) of the Federal Food, Drug, and Cosmetic Act;

(j) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;

(2) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;

(3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(4) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the director to assure that the drug meets the requirement of sections 266.152 to 266.220 as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such rules, the director shall adopt the current good manufacturing practice regulations for type A medicated articles and type B and type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the director determines that they are not appropriate to the conditions which exist in this state;

(5) If it contains viable weed seeds in amounts exceeding the limits which the director shall establish by rule.

(L. 1972 S.B. 506 § 8, A.L. 1997 H.B. 211)

Effective 1-1-98

Prohibited acts.

266.185. The following acts and the causing thereof within the state of Missouri are hereby prohibited:

(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded;

(2) The adulteration or misbranding of any commercial feed;

(3) The distribution of agricultural commodities such as whole seed, raw meat, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of subdivisions (1) and (5) of section 266.180;

(4) The removal or disposal of a commercial feed in violation of an order pursuant to section 266.205;

(5) The failure or refusal to obtain a commercial feed license;

(6) The violation of subsection 6 of section 266.210;

(7) Failure to pay inspection fees and file reports or submit product listings as required by section 266.190;

(8) The distribution of commercial feed to an unlicensed distributor on which inspection fees have not been paid.

(L. 1972 S.B. 506 § 9, A.L. 1997 H.B. 211, A.L. 1998 H.B. 1600)

Inspection fees, exemptions--fee, how computed--report, whendue--penalty for failure to make.

266.190. 1. An inspection fee at the rate of ten cents per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor or distributor, except that a person other than the first manufacturer, guarantor or distributor may assume liability for the inspection fee, subject to the following:

(1) Assumption of liability for the payment of fees must be established by requesting to be put on deferment list with the director;

(2) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor;

(3) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein;

(4) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment;

(5) In the case of pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of twenty-five dollars and a listing of each product must be submitted annually on forms provided by the director and accompanied by the payment of twenty-five dollars per product which shall be paid in lieu of the inspection fee specified above. Payment is required by January first of each year. Payments not received until after January thirty-first are subject to a late fee of fifty percent of the payment due. The inspection fee required by subsection 1 of this section shall apply to pet food distributed in packages exceeding ten pounds. The assessment of these penalty fees shall not prevent the director from taking other actions as provided in this chapter;

(6) The minimum inspection fee shall be five dollars per quarter;

(7) In the case of specialty pet food which is distributed in the state only in packages of one pound or less, a listing of each product shall be submitted annually on forms provided by the director and accompanied by payment of twenty-five dollars per product up to a maximum annual fee of one thousand dollars per manufacturer in lieu of an inspection fee. Payment is required by January first of each year. Payments not received until after January thirty-first are subject to a late fee of fifty percent of the payment due. The inspection fee required by subsection 1 of this section shall apply to specialty pet food distributed in packages exceeding one pound. The assessment of these penalty fees shall not prevent the director from taking other actions as provided in this chapter.

2. Each person who is liable for the payment of such fee shall:

(1) File, not later than the last day of January, April, July and October of each year, a quarterly tonnage report, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter; and upon filing such statement shall pay the inspection fee at the rate stated in subsection 1 of this section. Inspection fees which are due and owing and have not been remitted to the director within fifteen days following the due date shall have a penalty fee of twenty percent of the amount due, or five dollars, whichever is greater, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the director from taking other actions as provided in this chapter;

(2) Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state. The director shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply with the requirements of this subdivision may constitute sufficient cause for the cancellation of the company's license.

3. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, analysis, and other expenses necessary for the administration of sections 266.152 to 266.220 and shall be deposited in the state treasury and credited to the general revenue fund.

(L. 1972 S.B. 506 § 10, A.L. 1997 H.B. 211)

Effective 1-1-98

Director may make rules, may adopt definitions--rulemaking,procedure.

266.195. 1. The director is authorized to promulgate such rules for commercial feeds, pet foods and specialty pet foods as are specifically authorized in sections 266.152 to 266.220 and such other reasonable rules as may be necessary for the efficient enforcement of sections 266.152 to 266.220. In the interest of uniformity the director shall by rule adopt, unless the director determines that they are inconsistent with the provisions of sections 266.152 to 266.220 or are not appropriate to conditions which exist in this state, the following:

(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and

(2) Any rule promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act at 21 U.S.C. Section 301 et seq., provided that the director has the authority pursuant to sections 266.152 to 266.220 to promulgate such rules.

2. Before the issuance, amendment, or repeal of any rule authorized by sections 266.152 to 266.220, the director shall publish the proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to give interested parties, including all current licensees, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule. The provisions of this subsection notwithstanding, if the director, pursuant to the authority of sections 266.152 to 266.220, adopts official definitions of feed ingredients, or official feed terms as adopted by the Association of American Feed Control Officials, or rules promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under sections 266.152 to 266.220 without regard to the publication of the notice required by this subsection, unless the director, by order, specifically determines that the amendment or modification shall not be adopted. No rule or portion of a rule promulgated under the authority of sections 266.152 to 266.220 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1972 S.B. 506 § 11, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 211)

Effective 1-1-98

Inspections, how made--sampling and analysis, how conducted.

266.200. 1. For the purpose of enforcement of sections 266.152 to 266.220, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the director, upon presenting appropriate credentials and giving notice to the owner, operator, or agent in charge, are authorized:

(1) To enter, during normal business hours, any factory, warehouse, or establishment within this state in which commercial feeds including customer-formula feeds are manufactured, processed, packed, or held for distribution, or to stop and enter any vehicle being used to transport or hold such feeds; and

(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, commercial feed, including customer-formula feeds and any associated factory, warehouse, establishment and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with sections 266.152 to 266.220 and the good manufacturing practice regulations established pursuant to paragraph (d) of subdivision (1) of subsection 1 of section 266.180.

2. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.

3. If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises such officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

4. If the owner of any factory, warehouse, or establishment described in subsection 1 of this section, or such owner's agent, refuses to admit the director or the director's agent to inspect in accordance with subsections 1 and 2 of this section, the director is authorized to obtain from any state court a warrant directing such owner or such owner's agent to submit the premises described in such warrant to inspection.

5. For the enforcement of sections 266.152 to 266.220, the director or the director's duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.

6. Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods.

7. The results of all analyses of official samples may be forwarded by the director to the guarantor and to the distributor. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of the analysis shall be forwarded by the director to the distributor and the guarantor. Upon request and within thirty days the director shall furnish to the guarantor a portion of the sample concerned.

8. The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision (16) of section 266.160 and obtained and analyzed as provided for in subsections 3, 5, 6 and 9 of this section.

9. To measure the quality of a customer-formula feed and noncommercial feed ingredients an analysis will be performed by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists. The results of this analysis will be sent to the end user and manufacturer to advise them of the nutritional content of the feed.

(L. 1972 S.B. 506 § 12, A.L. 1997 H.B. 211)

Effective 1-1-98

Withdrawal from distribution order, when--seizure, procedurefor--disposal of feed, how made.

266.205. 1. When the director or the director's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of sections 266.152 to 266.220 or of any of the prescribed rules under sections 266.152 to 266.220, the director may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or the court. The director shall release the lot of commercial feed so withdrawn when said provisions and rules have been complied with. If compliance is not obtained within thirty days, the director may begin, or upon request of the distributor or licensee shall begin, proceedings for condemnation.

2. Any lot of commercial feed not in compliance with said provisions and rules shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the commercial feed to be in violation of sections 266.152 to 266.220 and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state, but in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with sections 266.152 to 266.220.

(L. 1972 S.B. 506 § 13, A.L. 1997 H.B. 211)

Effective 1-1-98

Penalties, appeals, how taken.

266.210. 1. Any person who knowingly or recklessly violates any of the provisions of sections 266.152 to 266.220 is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.

2. Nothing in sections 266.152 to 266.220 shall be construed as requiring the director or the director's representative to:

(1) Report for prosecution; or

(2) To institute seizure proceedings; or

(3) Issue a withdrawal from distribution order, as a result of minor violations of sections 266.152 to 266.220, or when the director believes the public interest will best be served by suitable notice of warning in writing.

3. The director may report any violation of the provisions of sections 266.152 to 266.220 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on the request of the director, the attorney general shall so act; however no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or the director's duly authorized agent, to introduce evidence either in person or by agent or attorney at an informal hearing. If, after such hearing, or without such hearing in case the defendant or the defendant's agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, the director shall proceed as herein provided.

4. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of sections 266.152 to 266.220 or any rule or regulation promulgated under sections 266.152 to 266.220 notwithstanding the existence of other remedies at law.

5. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of sections 266.152 to 266.220 may appeal the same according to the procedures established by chapter 536.

6. Any person who uses to such person's own advantage, or reveals to other than the director or officers of the department of agriculture or to the courts when relevant in any judicial proceedings, any information acquired under the authority of sections 266.152 to 266.220, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor, but this prohibition shall not be deemed as prohibiting the director or his duly authorized agents from exchanging information of a regulatory nature with duly appointed officials of the United States, or of other states, who are similarly prohibited by law from revealing this information.

(L. 1972 S.B. 506 § 14, A.L. 1997 H.B. 211)

Effective 1-1-98

Administrative penalties, procedure, appeal, maximum penalties,disbursal of funds from penalties, limitations on actions.

266.212. 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 266.152 to 266.220, or a standard, limitation, order, rule or regulation promulgated pursuant thereto has been violated, the director may issue an order assessing an administrative penalty upon the violator under this section. An administrative penalty shall not be imposed until the director has sought to resolve the violations through an offer to hold an informal hearing to discuss the violations. An administrative penalty may only be imposed for serious violations of sections 266.152 to 266.220. The director may only impose an administrative penalty after providing the violator ninety days to correct any violation. Any order assessing an administrative penalty shall state that an administrative penalty is being assessed under this section and that the person subject to the penalty may appeal as provided by this section. Any such order that fails to state the statute under which the penalty is being sought, the manner of collection or rights of appeal shall result in the state's waiving any right to collection of the penalty.

2. The director shall promulgate rules and regulations for the assessment of administrative penalties including a definition of serious violations. The amount of the administrative penalty assessed under this section shall not exceed one thousand dollars for each violation. An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty. However, any person subject to an administrative penalty may file an appeal to the director pursuant to section 536.063 within thirty days after receipt of an order assessing an administrative penalty. Any appeal will stay the due date of such administrative penalty until the appeal is resolved. An action may be sought in the appropriate circuit court to collect any unpaid administrative penalty.

3. Any person subject to a final administrative order assessing an administrative penalty may file a de novo appeal to circuit court within thirty days after receipt of the final administrative order. The venue of such case shall be, at the option of the party subject to an order assessing an administrative penalty, in the circuit court of Cole County or in the county of the party subject to an order or if the party subject to an order assessing an administrative penalty is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of such registered office or business office. The circuit court may assess a civil penalty of up to five thousand dollars per violation.

4. Any administrative or civil penalty paid pursuant to this section shall be handled in accordance with Section 7 of Article IX of the Constitution of the State of Missouri.

5. Any administrative penalty must be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

(L. 1997 H.B. 211)

Effective 1-1-98

Cooperation authorized, when.

266.215. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of sections 266.152 to 266.220.

(L. 1972 S.B. 506 § 15)

Effective 1-1-73

Annual report by director required.

266.220. The director shall publish at least annually, in such forms as the director may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as the director may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed on the label, but the information concerning production and use of commercial feeds shall not disclose the operations of any person. The report shall be provided free of charge to all distributors listed in the report and all feed dealers and others who request the report.

(L. 1972 S.B. 506 § 16, A.L. 1997 H.B. 211)

Effective 1-1-98

Definitions.

266.291. The following words, terms, and phrases, when used in sections 266.291 to 266.351 have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Director" means the director of the Missouri agricultural experiment station at Columbia, Missouri;

(2) "Distributor" means any person who imports, consigns, manufactures, produces or compounds fertilizer, or offers for sale, sells, barters, or otherwise supplies fertilizers for consumption or use in this state; provided that this term shall not apply to any person who purchases fertilizer from a distributor registered under sections 266.291 to 266.351 and which fertilizer has been once sold in compliance with sections 266.291 to 266.351;

(3) "Essential plant nutrient" includes any element recognized as being directly required by any plant to complete its life cycle;

(4) "Fertilizer" includes any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term "fertilizer" does not include unmanipulated animal and vegetable manure and agricultural liming materials used to reduce soil acidity;

(5) "Person" includes individuals, partnerships, associations, firms, corporations, estates, trusts, receivers, or trustees appointed by any state or federal court;

(6) "Sale", "sold", and "sells" include exchanges and consignments for sale and means any transfer or barter;

(7) "Variable rate technology" means the method of applying two or more fertilizer materials which are blended at variable rates by a spreading vehicle or device during the application process.

(L. 1953 p. 9 § 266.290, A.L. 1985 S.B. 65, A.L. 1997 S.B. 179)

Permit required to sell fertilizer--application.

266.301. It shall be unlawful for any distributor to sell, offer for sale or expose for sale for consumption or use in this state any fertilizer without first securing a permit from the fertilizer control board. Such permit shall expire on the thirtieth day of June of each year. Application for such permit shall be on forms furnished by the fertilizer control board.

(L. 1953 p. 9 § 266.300, A.L. 2016 S.B. 655)

Sale of misbranded fertilizer prohibited.

266.311. It shall be unlawful for any person to sell, offer for sale or expose for sale any fertilizer for use or consumption in this state which is misbranded. Any fertilizer shall be deemed to be misbranded if it fails to carry the printed statement required under section 266.321, or if the chemical composition of such fertilizer does not meet the guarantee expressed on said statement within allowable tolerances fixed by the fertilizer control board, or if the container for such fertilizer or any statement accompanying the same carries any false or misleading statement, or if false or misleading statements concerning its agricultural value are made on any advertising matter accompanying or associated with such fertilizer.

(L. 1953 p. 9 § 266.330, A.L. 2016 S.B. 655)

Information required on containers.

266.321. 1. Each container of fertilizer sold, offered for sale or exposed for sale for consumption or use within this state shall bear thereon or have attached thereto in a conspicuous place a plainly written statement in the English language giving the following information:

(1) The name, brand or trademark under which the fertilizer is sold;

(2) The name and address of the person guaranteeing the fertilizer;

(3) Net weight;

(4) The guaranteed chemical composition by weight of the fertilizer, expressed in the following terms:

(a) Percent of total nitrogen (N),

(b) Percent of available phosphate (P2O5),

(c) Percent of soluble potash (K2O).

Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available phosphate, and the degree of fineness as expressed in percentage passing through standard mesh sieves. In the case of bone, tankage, and other natural organic phosphate materials, only total phosphate must be guaranteed. If any fertilizer is sold, offered for sale, or exposed for sale in bulk, such plainly written statement herein required shall accompany each lot and parcel of such fertilizer.

2. A fertilizer formulated according to specifications furnished by or for a consumer prior to mixing and intended to be applied using variable rate technology shall be accompanied by a plainly written statement which shows the guaranteed analysis and net weight of each material used in the formulation and the name and address of the distributor and the consumer.

(L. 1953 p. 9 § 266.310, A.L. 1985 S.B. 65, A.L. 1997 S.B. 179)

Sales to be reported--fees.

266.331. Every distributor shall, within thirty days after each six-months' period ending June thirtieth and December thirty-first, file with the fertilizer control board on forms supplied by the fertilizer control board a sworn certificate setting forth the information required by rule. At the time of filing said certificate, each distributor of fertilizer, excluding manipulated animal or vegetable manure, shall pay to the director the fee prescribed by rule, which fee shall not exceed one dollar per ton and one dollar ten cents per metric ton; except that, sales to fertilizer manufacturers or exchanges between them are hereby exempted. Each distributor of fertilizer consisting of manipulated animal or vegetable manure shall pay to the director a fee paid for each ton of manure as prescribed by rule, which fee shall not exceed two cents for each percent nitrogen for manure containing less than five percent nitrogen; or which fee shall not exceed four cents for each percent nitrogen for manure containing at least five but less than ten percent nitrogen; or which fee shall not exceed six cents for each percent nitrogen for manure containing ten or more percent nitrogen. In the event that the fertilizer control board has not prescribed a fee under this section, each distributor required to pay a fee under this section shall pay a fee of one and one-half cents for each one hundred pounds of fertilizer sold during the period covered by the certificate filed under this section. The director is hereby authorized to collect fees and hold all fees in a separate fund that shall be utilized by the fertilizer control board to administer sections 266.291 to 266.351.

(L. 1953 p. 9 § 266.320, A.L. 1959 H.B. 236, A.L. 1985 S.B. 65, A.L. 2009 H.B. 734, A.L. 2016 S.B. 655)

Fertilizer control board created--appointment,qualifications--meetings--duties--authorized agents,duties--terms--expenses, how paid.

266.336. 1. There is hereby created a "Fertilizer Control Board". The fertilizer control board shall be composed of thirteen members. Of the thirteen members, five shall be actively employed as fertilizer manufacturers or distributors and five shall be actively engaged in the business of farming. The nonprofit corporation organized under Missouri law to promote the interests of the fertilizer industry shall nominate persons employed as fertilizer manufacturers or distributors, and Missouri not-for-profit organizations that represent farmers shall nominate persons engaged in the business of farming. Such nominations shall be submitted to the director, and the director shall select members from these nominations. Three at large members shall be selected by the director with the approval of a majority of the other ten members of the fertilizer control board.

2. The fertilizer control board shall:

(1) Meet at least twice each year with meetings conducted according to bylaws;

(2) Review and approve the income received and expenditures made under sections 266.291 to 266.351;

(3) In accordance with this section and chapter 536, adopt, amend, promulgate, or repeal after due notice and hearing rules and regulations to enforce, implement, and effectuate the powers and duties of sections 266.291 to 266.351. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void;

(4) Revoke or suspend a permit, or refuse to issue a permit, to any distributor who has knowingly violated any of the provisions of sections 266.291 to 266.351, or has failed or neglected to pay the fees or penalties provided for in sections 266.291 to 266.351. The board shall conduct a hearing if requested by the distributor to review all penalties assessed and permit decisions made by the board. Upon completion of a hearing, the board shall determine if penalty modifications are warranted giving consideration to the history of previous violations, the seriousness of the violation, any overage in any other ingredients, demonstrated good faith of the distributor, and any other factors deemed appropriate. Any penalty modification must comply with section 266.343;

(5) Determine the method and amount of fees to be assessed. In performing its duties under this subdivision, the fertilizer control board shall represent the best interests of the Missouri farmers and Missouri agribusinesses;

(6) Secure access to a laboratory with necessary equipment, and employees as may be necessary, to aid in the administration of sections 266.291 to 266.351;

(7) Pursue nutrient research, educational, and outreach programs to ensure the adoption and implementation of practices that optimize nutrient use efficiency, ensure soil fertility, and address environmental concerns with regard to fertilizer use extending the results of the fertilizer experiments that may be of practical use to the farmers and agribusinesses of this state;

(8) Exercise general supervision of the administration and enforcement of sections 266.291 to 266.351, and all rules and regulations and orders promulgated under such sections;

(9) Institute and prosecute through the attorney general of the state suits to collect any fees due under sections 266.301 to 266.347 which are not promptly paid.

3. Authorized agents of the fertilizer control board are hereby authorized and empowered to:

(1) Only to the extent necessary to determine general compliance, collect samples, inspect, and make analysis of fertilizer sold, offered, or exposed for sale within this state; except that, samples taken of fertilizer sold in bulk shall be taken from the bulk container immediately after mixing on the premises of the mixing facility or, when not possible, to be sampled from the bulk container wherever found. All samples shall have a preliminary analysis completed within five business days of the sample being obtained. If requested, a portion of any sample found subject to penalty or other legal action shall be provided to the distributor liable for the penalty;

(2) Only to the extent necessary to determine general compliance, inspect and audit the books of every distributor who sells, offers for sale, or exposes for sale fertilizer for consumption or use in this state to determine whether or not the provisions of sections 266.291 to 266.351 are being fully complied with;

(3) Require every distributor to file documentation as prescribed by rules promulgated under sections 266.291 to 266.351. Such documents shall not be required more often than six-month intervals, and all such documents shall be returned to the distributor upon request;

(4) Enter upon any public or private premises during regular business hours in order to have access to fertilizer subject to sections 266.291 to 266.351 and the rules and regulations promulgated under sections 266.291 to 266.351, and to take samples and inspect such fertilizer;

(5) Issue and enforce a written or printed "stop-sale, use, or removal" order to the owner or custodian of any fertilizer that is found to be in violation of any of the provisions of sections 266.291 to 266.351, which such order prohibiting the further sale of such fertilizer until sections 266.291 to 266.351 have been complied with or otherwise disposed of;

(6) Publish each year the full and detailed report giving the names and addresses of all distributors registered under sections 266.291 to 266.351, the analytical results of all samples collected, and a statement of all fees and penalties received and expenditures made under sections 266.291 to 266.351;

(7) Establish from information secured from manufacturers and other reliable sources, the market value of fertilizer and fertilizer materials for the purpose of determining the amount of damages due when the official analysis shows an excessive deficiency from the guaranteed analysis;

(8) Retain, employ, provide for, and compensate such consultants, assistants, and other employees on a full- or part-time basis and contract for goods and services as may be necessary to carry out the provisions of sections 266.291 to 266.351, and prescribe the times at which they shall be appointed and their powers and duties.

4. The filling of vacancies, the selection of officers, the conduct of its meetings, and all other matters concerning the fertilizer control board shall be outlined in the bylaws established by the fertilizer control board. All members of the fertilizer control board shall serve for terms of three years and until their successors are duly appointed and qualified; except that, of the members first appointed:

(1) Two members who are actively employed as fertilizer manufacturers or distributors, two members actively engaged in the business of farming, and one at large member shall serve for terms of three years;

(2) Two members who are actively employed as fertilizer manufacturers or distributors, two members actively engaged in the business of farming, and one at large member shall serve for terms of two years; and

(3) The remaining three members shall serve for terms of one year.

5. All members shall be residents of this state. No member may serve more than two consecutive terms on the fertilizer control board, but any member may be reappointed after he has not been a member of the advisory council for a period of at least three years.

6. All members shall be reimbursed for reasonable expenses incurred in the performance of their official duties in accordance with the reimbursement policy set by the fertilizer control board bylaws. All reimbursements paid under this section shall be paid from fees collected under sections 266.291 to 266.351.

(L. 1985 S.B. 65, A.L. 2016 S.B. 655)

Penalties for deficiency in fertilizer.

266.343. If any fertilizer offered for sale in this state shall upon official analysis prove deficient from its guarantee as stated on the bag or other container, penalties shall be assessed as follows:

(1) For a single ingredient fertilizer containing nitrogen or available phosphate or soluble potash:

(a) When the value of this ingredient is found to be deficient from the guarantee to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency;

(b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage;

(2) For multiple ingredient fertilizers containing two or more of the single ingredients: nitrogen or available phosphate or soluble potash, penalties shall be assessed according to (a), (b) or (c) as herein stated. When a multiple ingredient fertilizer is subject to a penalty under (a), (b) and (c) only the larger penalty shall be assessed.

(a) When the total combined values of the nitrogen or available phosphate or soluble potash is found to be deficient to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency in total value.

(b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage.

(c) When either the nitrogen, available phosphate or soluble potash value is found deficient from the guarantee to the extent of ten percent up to the maximum of two units (two percent plant food), the distributors shall be liable for the value of such shortages;

(3) Total penalties assessed upon a distributor shall not exceed five thousand dollars per calendar year or the amount of the current value of the plant food deficiency, whichever is greater. A distributor who knowingly violates the provisions of sections 266.291 to 266.351 shall be assessed a penalty of not more than twenty-five thousand dollars for each offense.

(L. 1959 H.B. 236 § 266.345, A.L. 1997 S.B. 179, A.L. 2016 S.B. 655)

Penalties payable to purchaser or director, collection procedure.

266.347. 1. The penalties assessed under section 266.343 shall be paid by the distributor to the purchaser of such fertilizer, and in the event such purchaser cannot be ascertained, then said penalty shall be paid to the director under section 266.331 and shall be used in accordance with the provisions of such section.

2. Where the preliminary analysis shows that a fertilizer has a potential plant food deficiency, the distributor shall be provided preliminary notification within two business days by telephone or email in addition to a notification letter delivered by mail. Once the analysis is certified, a written certification of penalties assessed under section 266.343 shall be mailed to the distributor liable for the penalty.

3. Any decision, finding, order or ruling of the fertilizer control board made pursuant to the provisions of sections 266.291 through 266.351 shall be subject to judicial review in the manner provided by chapter 536.

4. If any distributor shall fail to pay any penalty assessed after the time for judicial review has expired, or after any judgment or decree approving such assessment has become final, the person entitled to such penalty under the provisions of subsection 1 shall be entitled to bring a civil action to recover the same, and in such civil action such persons shall be entitled to recover from the distributor the amount of the penalty, a reasonable attorney's fee and costs of the action.

(L. 1959 H.B. 236 § 266.350, A.L. 2016 S.B. 655)

Violation a misdemeanor.

266.351. In addition to the civil penalties provided herein, each violation of any provision of sections 266.291 to 266.351 shall be deemed a misdemeanor.

(L. 1953 p. 9 § 266.350, A.L. 1959 H.B. 236 § 266.355)

Liquid fertilizer solution pipeline companies to be publicutilities--right to exercise eminent domain, approvalprocedure--limitations.

266.353. 1. Liquid fertilizer solution pipeline companies referred to in section 523.010 shall be public utilities as defined under section 386.020.

2. The right to exercise the power of eminent domain granted, in accordance with section 523.010, to any person, corporation, or association for the construction of a pipeline for transporting or carrying liquid fertilizer solutions, shall not be exercised by such person, corporation, or association until the plans of the project, for which the exercise of the power of eminent domain is proposed, shall first have been submitted to and approved by the director of the department of natural resources. The director shall review such plans and determine the effect such project, if pursued, would have on the environment, including recommendations for changes or alterations, if any, that would be required before such project would be approved. Failure of the director to approve or disapprove the plans so submitted within sixty days after submission shall be deemed approval and the power of eminent domain may thereupon be exercised for such project. In the event the director fails to approve the plans, the person, corporation, or association submitting the plans shall have the right to appeal such decision to the circuit court of Cole County or the circuit court of any county through which the pipeline is to be constructed. In the event the director approves the plans, any landowner of property over which the pipeline is to be laid shall have the right to appeal such decision to the circuit court of Cole County or the circuit court in any county through* which the pipeline is to be constructed.

3. This act shall apply only to carriers providing fertilizers to Missouri consumers from points located in Missouri.

(L. 1983 S.B. 144 § 2, subsecs. 1, 2, 3)

*Word "through" does not appear in original rolls.

Anhydrous ammonia, rules and standards for equipment andhandling--director's duties--minimum standards.

266.355. Unless provided for by federal law, rule or regulation, the director of the department of agriculture shall promulgate, pursuant to chapter 536, and enforce regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck, tank trailer, tank car and utilizing anhydrous ammonia. The provisions of this section shall not apply to equipment which is in use for storing anhydrous ammonia as of August 28, 2010, and which is found by the department to be in substantial compliance with generally accepted standards of safety regarding life and property. The department shall adopt the minimum general safety standards for the storage and handling of anhydrous ammonia set forth in ANSI Standard K61.1-1999, Safety Requirements for the Storage and Handling of Anhydrous Ammonia; except that, ANSI Standard K61.1-1999 shall not be adopted by the department prior to December 1, 2012. For purposes of this section, "ANSI" means the American National Standards Institute.

(L. 1983 S.B. 144 § 2, subsec. 4, A.L. 1993 S.B. 52, A.L. 2010 S.B. 795)

Definitions.

266.361. As used in sections 266.361 to 266.400, the following words and terms shall be defined as indicated:

(1) "Person" includes individuals, partnerships, associations, firms, corporations, estates, trusts, trustees, or receivers.

(2) "Soil conditioner" means any substance added to the soil or applied to plants other than fertilizers regulated under the provisions of sections 266.291 to 266.351, economic poisons registered under the provisions of sections 263.270 to 263.380 and any substance which is sold to the consumer at a price of less than ten dollars per ton.

(L. 1965 p. 394 § 1)

Sale of injurious or deleterious substance unlawful.

266.371. It shall be unlawful for any person to sell, offer for sale, or expose for sale any soil conditioner in this state containing any substance that is injurious to crop growth or deleterious to the soil.

(L. 1965 p. 394 § 2)

False or misleading statements unlawful.

266.380. It shall be unlawful for any person selling, offering for sale or exposing for sale any soil conditioner in this state to make false or misleading statements concerning the beneficial effect of such soil conditioner on soil, plants, or human nutrition.

(L. 1965 p. 394 § 3)

Penalties for violations--prosecutor to enforce.

266.390. Any person violating sections 266.361 to 266.400 shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than one year, or be subject to both such fine and imprisonment. It shall be the duty of any prosecuting attorney to whom any violation of sections 266.361 to 266.400 is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(L. 1965 p. 394 § 4)

Violations may be enjoined.

266.400. The director of the department of agriculture of this state is hereby authorized to apply for, through the attorney general of this state, and the circuit courts of this state are hereby authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate sections 266.361 to 266.400, notwithstanding the existence of other remedies at law, said injunction to be issued without bond.

(L. 1965 p. 394 § 5, A.L. 1978 H.B. 1634)

Effective 1-2-79

Garbage defined.

266.410. As used in sections 266.410 to 266.460, "garbage" shall mean all refuse matter, animal or vegetable, and shall include all waste material, by-products of a kitchen, restaurant, or slaughterhouse, every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise.

(L. 1953 p. 6 § 1)

Untreated garbage not to be fed, exception.

266.420. No person, other than an individual who feeds to his own swine only the garbage obtained from his own household, shall feed garbage to swine unless such garbage has been heated to a temperature of 212 degrees Fahrenheit (boiling point) and fed in compliance with rules and regulations promulgated by and under permits issued by the state department of agriculture.

(L. 1953 p. 6 § 2)

Permit required for feeding garbage--fee--issuance of permit.

266.430. 1. Prior to the feeding of garbage, other than garbage obtained from his own household, to any swine located in the state of Missouri, the owner or feeder, as the case may be, shall first obtain an annual permit from the department of agriculture of Missouri, for which he shall pay an annual fee of twenty-five dollars, which shall be deposited in the "Agriculture Fees" fund and to be used for the enforcement of sections 266.410 to 266.460.

2. The applicant for a garbage feeding permit shall certify in an application that he has facilities for cooking garbage. The director of agriculture, or his deputy, upon receipt of an application for a permit, shall promptly make an investigation, and if the facilities are adequate for the cooking of garbage, shall issue a permit.

(L. 1953 p. 6 § 1-A)

Sale, transportation and purchase of garbage-fed swine prohibited.

266.440. 1. No person shall sell or transport any swine which have been fed garbage in violation of sections 266.410 to 266.460.

2. No person shall knowingly purchase any swine which have been fed garbage in violation of sections 266.410 to 266.460.

(L. 1953 p. 6 §§ 3, 4)

Law may be enforced by injunction.

266.450. In addition to the other remedies provided by law, the provisions of sections 266.410 to 266.460 may be enforced by injunction to restrain the feeding of garbage to swine in violation of sections 266.410 to 266.460 or the sale or transportation of swine fed in violation of sections 266.410 to 266.460.

(L. 1953 p. 6 § 6)

Violation a misdemeanor, what constitutes offense.

266.460. Any person violating the provisions of sections 266.410 to 266.460 shall be guilty of a misdemeanor. Each day the provisions of sections 266.410 to 266.460 are violated shall be a separate offense.

(L. 1953 p. 6 § 5)

Short title.

266.500. Sections 266.500 to 266.550 may be cited as the "Missouri Agricultural Liming Materials Act".

(L. 1976 H.B. 1630 § 1)

Definitions.

266.505. Unless the context clearly requires otherwise, as used in sections 266.500 to 266.550, the following terms have the following meanings: (1) "Agricultural limestone", finely ground or crushed limestone, either calcitic or dolomitic, which shall have a minimum specification of ninety percent of the material passing through a United States standard number eight sieve;

(2) "Agricultural liming material mixture" includes agricultural liming materials and any other compound in a mixture, including, but not limited to, fertilizer materials, pesticides, water or other products mixed with agricultural liming materials. Minimum specifications of fineness and purity as set forth in sections 266.500 to 266.550, and the rules promulgated under sections 266.500 to 266.550, must be met on the agricultural liming material prior to its being mixed with other compounds;

(3) "Agricultural liming materials", those materials containing calcium or calcium and magnesium in the carbonate, oxide or hydroxide form or a combination thereof, which are capable of neutralizing soil acidity and supplying plant nutrients;

(4) "Brand", the term, designation, trademark, production name or other specific designation under which individual agricultural liming materials are offered for sale;

(5) "Bulk", nonpackaged form;

(6) "Director", the director of the Missouri agricultural experiment station at Columbia, Missouri;

(7) "Distributor", any person who imports, consigns, manufactures or produces agricultural liming materials or offers for sale, sells, orders or otherwise supplies agricultural liming materials for consumption or use in this state, except that this term shall not apply to any person who purchases agricultural liming materials from a distributor registered under sections 266.500 to 266.550 and which has once been sold in compliance with sections 266.500 to 266.550;

(8) "Label", any written or printed matter on or attached to the delivery ticket which accompanies bulk shipments;

(9) "Metric ton", two thousand, two hundred avoirdupois pounds;

(10) "Official sieve analysis of agricultural liming materials", analysis determined by the Association of Official Analytical Chemists wet sieve method;

(11) "Other agricultural liming materials", calcium or calcium and magnesium in the carbonate, oxide, or hydroxide form, or a combination thereof, which is capable of neutralizing soil acidity and which meets the same minimum fineness specifications as those for crushed or ground limestone, except for specially processed materials which must meet specifications as set forth in the rules and regulations;

(12) "Percent or percentage", by weight;

(13) "Permanent fixed plants", stationary crushing and screening equipment which is immobile;

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

(15) "Portable plants", mobile crushing and screening equipment mounted on wheels;

(16) "Producer", an individual, firm, partnership, or corporation, who in the operation of a limestone quarry crushes or grinds agricultural liming materials or who produces agricultural limestone or agricultural liming materials as a residue or by-product of mining, milling or processing of ore;

(17) "Ton", two thousand avoirdupois pounds.

(L. 1976 H.B. 1630 § 2, A.L. 1985 S.B. 65)

Effective 5-30-85

Sale of noncomplying material prohibited--exception.

266.510. No agricultural liming material in bulk shall be sold or offered for sale in this state unless it complies with the provisions of sections 266.500 to 266.550, except that sections 266.500 to 266.550 shall not apply to bagged agricultural liming materials.

(L. 1976 H.B. 1630 § 3)

Permit required, annual expiration date.

266.515. It shall be unlawful for any distributor or producer to sell, offer for sale, or expose for sale, for consumption or use in this state any agricultural liming materials without first securing a permit from the director. The permit shall expire on the thirtieth day of June each year. Application for the permits shall be on forms furnished by the director.

(L. 1976 H.B. 1630 § 4)

Certification to be filed, when, contents--fee--funds collected, howused.

266.520. 1. Every producer or distributor shall, within thirty days after each six-months' period ending June thirtieth and December thirty-first, file with the director on forms supplied by him, a certificate setting forth the amount of agricultural liming materials sold by each producer or distributor for consumption or use in the state of Missouri during each such respective period. At the time of filing the certificate, each producer or distributor shall pay to the director the fee prescribed by the director by rule which fee may not exceed ten cents per ton or eleven cents per metric ton. In the event that the director has not prescribed a fee under this section, each producer or distributor shall pay a fee of four cents for each ton or four and four-tenths cents for each metric ton of agricultural liming materials sold by him during the period covered by the certificate filed under this section.

2. The amount of the inspection fee shall be added to and clearly stated on each sales statement or invoice. The fee so paid to the director shall be used for defraying the expenses in administering sections 266.500 to 266.550 and the rules promulgated under sections 266.500 to 266.550, and for practical and scientific experiments by the Missouri agricultural experiment station in the proper use of agricultural liming materials. The fee may also be used to support related research and methodology, publications and educational programs extending the results of these agricultural liming materials experiments as may be of practical use to the farmers of this state.

(L. 1976 H.B. 1630 § 5, A.L. 1985 S.B. 65)

Effective 5-30-85

Quality standards for agricultural liming materials.

266.525. All agricultural liming materials offered for sale must be capable of correcting soil acidity, and furnishing calcium or magnesium, as plant nutrients, and meet the minimum specifications for calcium carbonate equivalent, and fineness of grind, as set forth in the regulations. All agricultural liming materials offered or exposed for sale in Missouri shall guarantee the pounds of effective magnesium per ton and the pounds of effective neutralizing material per ton. Effective magnesium and effective neutralizing material shall be calculated by the methods set forth in the regulations according to the percentage of magnesium, the calcium carbonate equivalent and fineness as determined in section 266.535.

(L. 1976 H.B. 1630 § 6)

Samples, how taken, number required.

266.530. 1. Samples of agricultural liming materials within the meaning of the act shall be obtained by taking the sample from the producer's production belt as the material is being produced or from stockpile. Sampling of stockpiles may be made when there is a stockpile having no certification of the calcium carbonate equivalent, magnesium content, fineness, effective neutralizing material, and effective magnesium as herein provided. A total of eight or more samples shall be taken at locations where there are permanent fixed plants during the year in which agricultural liming materials are being produced or distributed but not more than one official sample per day may be taken from each individual stockpile or production belt.

2. Samples shall be taken at locations where there is no permanent fixed plant during the month that a portable plant is at a given location until a total of eight or more samples are accumulated for a fiscal or calendar year from either production plant or stockpile.

3. Samples shall be taken of agricultural liming materials until a total of three representative samples have been accumulated and submitted for analysis to determine an average after which a sample shall be obtained and tested with the average recalculated for guaranteed analysis by dropping the analysis of the oldest sample and using the analysis of the most recently taken sample to establish a new average.

4. Samples for analysis may be taken from the production belt by the producer or distributor or authorized representative in the presence of a person appointed by the director. Samples from stockpiles for analyses shall be taken only by persons authorized and appointed by the director upon prior notification of the producer or distributor involved. Samples may be taken from trucks and at other points but will not be used in computing the average for purposes of the guaranteed analyses at source of production or stockpile.

5. Producers or distributors of agricultural liming materials shall notify the director, or persons appointed or authorized by him, of the production or distribution of agricultural liming materials so that samples may be taken in compliance with this section.

6. All samples for analysis shall be taken according to official sieve analysis of agricultural liming materials methods as set forth in the regulations.

(L. 1976 H.B. 1630 § 7)

Samples, how analyzed, results to producer and director.

266.535. Samples of agricultural liming materials taken as provided in section 266.530 shall be submitted by the director, or persons appointed or authorized by him, to the University of Missouri agricultural experiment station chemical laboratories for analysis. The samples shall be analyzed for calcium carbonate equivalent, magnesium content, and fineness of grind based on Association of Official Analytical Chemists methods of analysis. The results of the analyses of each sample shall be submitted to the producer or distributor of record and the director.

(L. 1976 H.B. 1630 § 8)

Certification of analysis--final responsibility for effectiveness withproducer.

266.540. 1. The director shall, upon receipt of the analysis provided in section 266.535, certify the percent calcium carbonate equivalent, percent magnesium content, fineness, effective magnesium per ton, and effective neutralizing material per ton, of the liming material to the producer or distributor from whom the sample was obtained by forwarding written notice by United States mail.

2. Nothing in sections 266.500 to 266.550 shall preclude a producer or distributor of agricultural liming materials from having a certification on separate stockpiles; provided that, the stockpiles shall be separated from any other stockpiles, and the separate stockpiles shall have been sampled as provided in sections 266.500 to 266.550.

3. Agricultural liming materials produced and stockpiled prior to the enactment of sections 266.500 to 266.550 shall be subject to the same provisions of sections 266.500 to 266.550 as apply to sampling for analyses and certification.

4. Final responsibility for the guarantee of effective magnesium and effective neutralizing material per ton is vested in the producer or distributor making delivery of agricultural liming materials for distribution or spreading on farms or agricultural lands or other land for the purpose of decreasing soil acidity and adding calcium or calcium and magnesium to soils.

5. Where the producer or distributor has possession of agricultural liming materials which fail to meet the guaranteed analysis, the producer or distributor may sell this material only after adjusting the guaranteed analysis to the correct analyses.

(L. 1976 H.B. 1630 § 9)

Advisory council, appointment, qualifications, terms, expenses,duties, vacancies.

266.543. 1. An advisory council of nine members shall be appointed by the director pursuant to this section. Of the nine members so appointed, three shall be actively employed as limestone producers, three shall be actively engaged in the business of farming, and three shall be chosen from the residents at large of this state. The three members chosen from the residents at large of this state shall be selected by the director with the approval of a majority of the other six members of the advisory council.

2. The advisory council shall:

(1) Meet at least once each year;

(2) Annually review with the director the income received and expenditures made under sections 266.500 to 266.550;

(3) Review and approve all rules, and revisions or rescissions thereof, to be promulgated by the director;

(4) Consider all information and advise the director in determining the method and amount of fees to be assessed. In performing its duties under this subdivision, the advisory council shall represent the best interests of the Missouri farmers;

(5) Serve in an advisory capacity in all matters pertaining to the administration of sections 266.500 to 266.550.

3. All members of the advisory council shall serve for terms of three years and until their successors are duly appointed and qualified; except that, of the members first appointed:

(1) One member who is actively employed as a limestone producer, one member actively engaged in the business of farming, and one member chosen from the residents of this state at large shall serve for terms of three years;

(2) One member who is actively employed as a limestone producer, one member actively engaged in the business of farming, and one member chosen from the residents of this state at large shall serve for terms of two years; and

(3) The remaining three members shall serve for terms of one year.

4. All members shall be residents of this state. No member may serve more than two consecutive terms on the advisory council, but any member may be reappointed after he has not been a member of the advisory council for a period of at least three years.

5. All members shall be reimbursed for reasonable expenses incurred in the performance of their official duties in accordance with the reimbursement policy of the director. All reimbursements paid under this section shall be paid from fees collected under sections 266.291 to 266.351.

6. Every vacancy on the advisory council shall be filled by the director with the approval of a majority of the remaining members of the council. The person selected to fill any such vacancy shall possess the same qualifications required by this section as the member he replaces and shall serve until the end of the unexpired term of his predecessor.

(L. 1985 S.B. 65)

Effective 5-30-85

Rules, procedure--director's powers.

266.545. 1. The duty of enforcing and administering sections 266.500 to 266.550 shall be vested in the director. The director shall, in accordance with this section and chapter 536, promulgate such reasonable rules and regulations necessary to provide for the efficient enforcement of sections 266.500 to 266.550; except that, no rule or regulation, nor revision or rescission thereof, shall be filed with the secretary of state until the same has been approved by a majority of the advisory council members provided for in sections 266.500 to 266.550.

2. The director or his authorized agents are authorized and empowered to:

(1) Collect samples, inspect, and make analyses of agricultural liming materials sold, offered, or exposed for sale within this state;

(2) Enter upon any public or private premises during the regular business hours in order to have access to the agricultural liming materials subject to sections 266.500 to 266.550, and the rules and regulations promulgated thereunder, and to take samples and inspect such agricultural liming materials;

(3) Inspect and audit the records pertaining to the sale of agricultural liming materials of every producer or distributor who sells, offers for sale, or exposes for sale agricultural liming materials for consumption or use in this state, to determine whether or not compliance with the provisions of sections 266.500 to 266.550 are being met;

(4) Issue and enforce a written or printed "stop-sale, use, or removal" order to the owner or custodian of any agricultural liming material which is found to be in violation of any of the provisions of sections 266.500 to 266.550, which order shall prohibit further sale of such agricultural liming materials until the provisions within sections 266.500 to 266.550 have been complied with or the violation has been otherwise legally disposed of by authority of the director;

(5) Maintain a laboratory with necessary equipment, and to employ such employees as may be necessary to aid in the administration of sections 266.500 to 266.550;

(6) Publish each year the full and detailed report giving the names and addresses of all producers and distributors registered under sections 266.500 to 266.550, including the analytical results of all samples collected. A statement of all fees, tonnage of agricultural lime, and expenditures made under sections 266.500 to 266.550 shall be a composite for the entire state of Missouri;

(7) Revoke or suspend the permit or refuse to issue a permit to any producer or distributor who has willfully violated any of the provisions of sections 266.500 to 266.550 or who failed or neglected to pay the fees provided for in sections 266.500 to 266.550.

3. No rule or portion of a rule promulgated under the authority of sections 266.500 to 266.550 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1976 H.B. 1630 § 10, A.L. 1985 S.B. 65, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Instrument of sale, information to be shown on.

266.550. 1. All agricultural liming materials sold, offered, or exposed for sale shall guarantee effective neutralizing material and the effective magnesium per ton.

2. Any person who shall sell, offer, or expose for sale, or who shall ship, transport, or deliver agricultural liming materials, shall affix or cause to be affixed to every bill of lading, scale ticket, delivery receipt or other instrument of sale plainly thereon the net weight of the lot and the guarantee of the effective magnesium and effective neutralizing material per ton as provided in sections 266.500 to 266.550 and the name brand, if any, under which the liming material is sold, the name of the manufacturer, producer or shipper, and the location of the principal office of the manufacturer, producer or shipper.

(L. 1976 H.B. 1630 § 11)


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