Missouri Revised Statutes

Chapter 275
Commodity Associations

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Who may incorporate--certain restrictions--style of corporatename.

275.010. 1. Commodity associations, as authorized in this chapter, may be incorporated as follows: Corn growers associations, wheat growers associations, potato growers associations, apple growers associations, strawberry growers associations, cotton growers associations and melon growers associations, but no such association shall be formed for the purpose of growing or producing and marketing more than one of such commodities, and associations of growers; or producers of any other commodity or product of the soil though not herein named may be incorporated under the provisions of this chapter.

2. Every such association shall have, as a part of its corporate name, the name of the commodity in the growing, production and marketing of which its members are, or proposed to be engaged.

(RSMo 1939 § 14377)

Prior revision: 1929 § 12719

General corporate powers, when.

275.020. That any three or more citizens and residents of this state engaged in growing, cultivating and producing the same agricultural commodity may, upon application as provided in this chapter, become a body corporate, and as such shall have and exercise the following powers:

(1) To have succession by its corporate name for the period limited in its articles of agreement, not exceeding, however, the term of fifty years, and if no limit be fixed in said articles of agreement, for the term of twenty years;

(2) To sue and be sued, complain and defend in any court of law or equity;

(3) To make and use a common seal and alter the same at pleasure;

(4) To hold, purchase, mortgage or otherwise convey such real estate and personal estate as may be necessary and requisite for the purposes for which such association is organized and also to take and hold and convey such other property, real, personal or mixed, as shall be necessary or requisite for it to acquire in order to secure the payment of any indebtedness or liability which may be due such association;

(5) To appoint such subordinate officers, and make bylaws, for the management of its property and the regulation of its affairs;

(6) To increase or diminish, by vote of its stockholders, cast as its bylaws may direct, the number of its directors or trustees, which shall not be less than three nor more than thirty-six in number. Such changes in the number of directors or trustees shall take effect and be in force from the date on which the president or secretary of such association shall file with the secretary of state an affidavit setting forth the number of directors and trustees fixed, together with the date at which such change in number of directors or trustees was voted by the stockholders of such association.

(RSMo 1939 § 14364)

Prior revision: 1929 § 12706

CROSS REFERENCE:

Cooperative companies, Chap. 357

Articles of agreement, how drawn.

275.030. Associations may be incorporated under the provisions of this chapter, by three or more persons entering into written articles of agreement which shall set forth:

(1) The name of the association, which shall include the name of the commodity which the members thereof are engaged in growing, producing or marketing;

(2) The location of the principal office or place of business;

(3) The names and post-office addresses of the persons agreed upon as directors for the first year, not less than three of whom shall be citizens and residents of this state;

(4) The date and place of meeting of the incorporators for the purpose of adopting bylaws and the election of officers.

(RSMo 1939 § 14365)

Prior revision: 1929 § 12707

Certificate of incorporation to be issued--subsequent procedure.

275.040. Articles of agreement for the incorporation of associations under this chapter, shall be filed and recorded in the office of the secretary of state, who shall issue a certificate of incorporation thereon, which shall be filed and recorded in the office of the recorder of deeds in the county in which the principal office or place of business of such association is to be located, within thirty days after issuance thereof. The corporate existence of every such association shall take effect and be in force on and after date of filing articles of agreement for record in the office of the secretary of state.

(RSMo 1939 § 14367)

Prior revision: 1929 § 12709

Incorporation fees.

275.050. At the time of filing articles of agreement for the incorporation of commodity associations, as in this chapter authorized, there shall be paid to the state director of revenue an incorporating tax of fifty dollars on the first fifty thousand dollars, or less, of the authorized capital stock of such association and five dollars for every additional ten thousand dollars, or fraction thereof, of such capital stock in excess of fifty thousand dollars, together with such recording and certificate fees as are required by law.

(RSMo 1939 § 14368, A. 1949 S.B. 1099)

Prior revision: 1929 § 12710

Officers of association.

275.060. The officers of every such association shall be a president, vice president, secretary, treasurer and such other officers as may be authorized by the bylaws.

(RSMo 1939 § 14366)

Prior revision: 1929 § 12708

Capital stock to be divided into shares--value of stock.

275.070. 1. That associations organized under the provisions of this chapter shall have a capital stock divided into shares having a par value, or having no par value, as the incorporators in their articles of association may determine.

2. If such shares have a par value, the par value thereof shall not be less than ten dollars nor more than one hundred dollars, and if such shares have no par value, they may be issued to the incorporators and others at not less than ten dollars nor more than one hundred dollars per share, as shall be determined by the incorporators in their articles of association.

(RSMo 1939 § 14371)

Prior revision: 1929 § 12713

Capital stock may be increased, how.

275.080. The capital stock of every such association may be increased by the filing of an amendment to its articles of agreement, setting forth the amount of such increase and the payment of the incorporation tax and fees thereon, as required by section 275.050.

(RSMo 1939 § 14368, A. 1949 S.B. 1099)

Prior revision: 1929 § 12710

Stock to be paid for prior to issuance.

275.090. No share of stock having a par value shall be issued by any such association unless, and until, the par value thereof has in good faith been paid into the treasury of the association in lawful money of the United States, and no share of capital stock without par value shall be issued by any association until the value thereof, as determined in its articles of association, has in good faith been paid to the treasurer of the association in lawful money of the United States.

(RSMo 1939 § 14372)

Prior revision: 1929 § 12714

Members of association not individually liable.

275.100. No stockholder or member of associations organized under the provisions of this chapter shall ever be individually liable by reason thereof, in any amount over or above the value of the share, or shares, owned by him, and having once paid, as in this chapter provided, for said shares, his liability with reference thereto, by reason of being or having been a member or stockholder of such association, shall in law and equity be deemed fully discharged.

(RSMo 1939 § 14379)

Prior revision: 1929 § 12721

Shares of stock nontransferable--exception.

275.110. The shares of stock of associations shall be nontransferable, except from the original holder thereof, his heirs, executor, administrator, or legal representative, to the association as authorized in this chapter.

(RSMo 1939 § 14375)

Prior revision: 1929 § 12717

Associations may purchase and retire own stock.

275.120. Such associations may also have power, and they are hereby authorized to purchase and retire shares of their own stock, whether with or without par value, at a consideration not in excess of the amount for which such share, or shares, were issued in the first instance, together with interest at the rate of six percent per annum upon such shares from date of issuance thereof, less, however, the amount of dividends, if any, paid to the holder of such shares.

(RSMo 1939 § 14374)

Prior revision: 1929 § 12716

Authority to reissue and resell shares purchased.

275.130. Every such association shall have power, and is hereby authorized, when it shall purchase any of its shares, to reissue and resell such shares upon the same terms and conditions as in the first instance.

(RSMo 1939 § 14376)

Prior revision: 1929 § 12718

Number of shares may be limited.

275.140. Associations organized under the provisions of this chapter shall have power, and they are hereby authorized, to limit the number of shares which any stockholder or member of such association may have or hold.

(RSMo 1939 § 14373)

Prior revision: 1929 § 12715

Associations empowered to execute purposes of organization.

275.150. That commodity corporation associations, organized under the provisions of this chapter, shall have power and they are hereby authorized to do any and all things not specifically prohibited by law, which may be necessary to fully carry out the purposes of its organization.

(RSMo 1939 § 14382)

Prior revision: 1929 § 12724

Associations may own and vote stock in certain related corporations.

275.160. Commodity associations incorporated under the provisions of this chapter may act as trustee, and as such, or in its own right, may own and vote stock in corporations owning and operating elevators, warehouses, storage houses, factories, mills, and plants for the purpose of storing, treating, processing, or marketing the commodity in the production and marketing of which the members of such association are engaged.

(RSMo 1939 §§ 14368, 14378, A. 1949 S.B. 1099)

Prior revision: 1929 §§ 12710, 12720

Association may borrow.

275.170. Every association organized under the provisions of this chapter shall have power, and is hereby authorized, to borrow on its own account, or as trustee, for its members, on warehouse certificates, bills of lading or other collateral, as the needs of the association or its members may require.

(RSMo 1939 § 14369)

Prior revision: 1929 § 12711

Association may contract for commodities.

275.180. Any association organized under the provisions of this chapter shall have power, and it is hereby authorized, to contract with its members, collectively or individually, for the entire or partial output of the commodity, for the handling of which it is organized for such number of years as may be authorized by its bylaws.

(RSMo 1939 § 14370)

Prior revision: 1929 § 12712

May issue and sell notes--security--certain exemption.

275.190. Commodity associations as defined in this chapter shall have power to issue notes, payable in such amounts at such rate of interest, and payable at such times as its board of directors may authorize, and to secure the payment of said notes by depositing warehouse certificates, issued against the commodity which such association is organized to handle, then in storage in warehouses, and may sell such notes to the general public and in the sale thereof be exempt from the provisions of chapter 409 relating to domestic and foreign investment companies.

(RSMo 1939 § 14380, A.L. 1971 S.B. 171)

Prior revision: 1929 § 12722

Exempt from general corporation law--exceptions.

275.200. That commodity associations organized under the provisions of this chapter shall be exempt from the limitations, restrictions and burdens imposed upon corporations by any law of this state pertaining to the regulation thereof, except such as are in this chapter specifically set forth.

(RSMo 1939 § 14381)

Prior revision: 1929 § 12723

Definitions.

275.300. When used in sections 275.300 to 275.370 the following terms mean:

(1) "Agricultural commodity", any agriculture product that has been produced for purpose of sale or exchange except animals whose principal use could be construed as recreational, or as a pet;

(2) "Commercial quantity", a quantity produced per year or other period of time which quantity is defined and determined by the commodity merchandising council concerned;

(3) "Commodity merchandising council", a group representative of the commodity, hereafter referred to as the "council";

(4) "Director", the director of the department of agriculture of the state of Missouri or his delegated representative;

(5) "Handler", any person who engages in the selling, marketing, or distribution of any agricultural commodity on a wholesale basis, which he has purchased for resale or which he is marketing on behalf of a producer, and shall include a producer who distributes any agricultural commodity which he has produced;

(6) "Processor", any person engaged in the receiving, grading, packing, canning, freezing, drying, or other methods of preparation for market of agricultural commodities produced in Missouri for sale;

(7) "Producer", any individual, firm, corporation, partnership, or unincorporated association engaged within this state in business of producing for market any agricultural commodity in commercial quantities.

(L. 1969 S.B. 65 § 1, A.L. 1973 S.B. 92, A.L. 1979 S.B. 43)

Powers and purposes of councils.

275.310. Producers of agricultural commodities are hereby authorized to organize commodity merchandising councils to establish orderly, fair, sound and efficient markets and to maintain, develop and expand markets for agricultural commodities produced in Missouri and to increase the use and consumption of these products. The councils organized under the provisions of sections 275.300 to 275.370 and with the aid of the state may:

(1) Provide for uniform and proper preparation of agricultural commodities for market;

(2) Provide means and methods for the maintenance of present markets and for development of new or larger markets, both domestic and foreign, for agricultural commodities produced within the state;

(3) Eliminate or reduce waste in the marketing or use, or both, of agricultural commodities; and

(4) Restore and maintain adequate purchasing power for the agricultural producers of this state. Provided, however, that any commodity merchandising council organized hereunder shall not undertake to establish, promulgate or fix the price of any commodity or in any way limit the production of any commodity.

(L. 1969 S.B. 65 § 2)

Establishment--petition, contents--membership.

275.320. A representative group of not less than five percent of the producers of an agricultural commodity may petition the director for permission to establish a commodity merchandising council. This petition shall include:

(1) A statement of the area of production to be included (the area shall be statewide, except that it may be limited to a well-defined smaller area where such area is the principal commercial producer in the state of the commodity);

(2) A statement of the general purposes of the commodity merchandising council program which may include research, education, grades and standards, merchandising, publicity, sales promotion and cooperation with other state, regional and national organizations;

(3) The amount of the fee that is desired to be collected for each designated unit of commercial quantities of the commodity;

(4) The method or methods to be used in the collection of the fee;

(5) The composition, qualification, terms of office, method of nomination, election, filling unexpired terms, salaries, travel expenses, and duties of the members of the council;

(a) The council shall consist of an odd number of not less than five nor more than fifteen members of whom the majority shall be producers to be selected by producers;

(b) The director shall serve as an ex officio member of the council;

(c) The dean of the college of agriculture, university of Missouri, will serve as an ex officio member of the council;

(6) A recommendation as to what shall constitute a commercial quantity of the commodity;

(7) The method of conducting the referendum of the commodity producers either by mail or by polling place depending on the area and volume of the commodity.

(L. 1969 S.B. 65 § 3, A.L. 1973 S.B. 92)

Procedure after petition received.

275.330. 1. When the director receives a petition for permission to establish a commodity merchandising council he shall:

(1) Determine the legal sufficiency of the petition;

(2) Establish a list of producers of such agricultural commodity or make any such existing list current;

(3) Hold a public hearing or hearings on the proposed program;

(4) Publish a notice to producers of the commodity to be affected advising them:

(a) That a petition has been filed with the director;

(b) The time and place or places of the public hearing or hearings;

(c) That a referendum may be held to establish a commodity merchandising council; and

(d) That to be eligible to vote in the referendum the producer must register.

The director shall give notice in not less than three publications devoted to agriculture and each of which has a statewide circulation of not less than seventy-five thousand, at least one month prior to the hearing. The fees for the publication of notice shall be advanced in cash to the director by the representative group and no publication of notice shall be paid for by state funds;

(5) Provide forms to enable producers to register, which forms shall include the producer's name, mailing address, and the yearly average quantity of such commodity produced or handled by him in the three years preceding the date of the notice, or in such lesser period as a producer has produced or handled the commodity in question;

(6) Approve the petition, in whole or as revised, or disapprove the petition depending upon the determinations made after public hearing;

(7) After approval of a petition, hold a referendum among the producers of the commodity to determine whether or not the merchandising council is to be established.

2. The director shall determine the sufficiency of the petition within twenty-one days after it is submitted to him and shall publish notice of the public hearing and registration requirements giving at least ten days' notice prior to public hearing and thirty days' notice to register prior to the referendum.

3. If a majority of the votes cast are in favor of adoption, and if those producers voting in favor of adoption represent a majority of the production of all registered producers casting votes, the petition is adopted.

4. If the required percentage by number and by production of those voting is in favor of the adoption of the proposal in the petition, the director shall declare the proposal to be adopted.

5. A proposal to change the amount of the fee to be collected or to make other major changes may be made by a two-thirds vote of the council or by petition of twenty-five percent of the commodity producers. The proposal shall then be submitted to referendum under which the same percentages by number and production shall be required for approval as were required for establishment of the original merchandising program. However, the council, by two-thirds vote, may lower the amount of the fee to be collected, or may thereafter increase the amount of the fee to not more than the rate originally approved without a referendum vote. Such increase or decrease of fees shall not become effective except at the beginning of the next state fiscal year.

6. A proposal to terminate the commodity merchandising program may be made by a majority of the council or by petition of ten percent of the registered commodity producers. The proposed termination shall be submitted to referendum under which a simple majority of those voting shall be required for termination.

7. No referendum to set up a merchandising council in a particular commodity, or to change the amount of fee, or to make other major changes, or to terminate a commodity merchandising council may be held within twelve months of a referendum conducted for a similar purpose for the same commodity.

(L. 1969 S.B. 65 § 5, A.L. 1973 S.B. 92, A.L. 1977 S.B. 330, A.L. 1979 S.B. 43)

Hearings, how conducted.

275.340. 1. Every hearing held pursuant to sections 275.300 to 275.370 shall be public and a permanent record taken of all testimony received. The administrative hearing officer shall conduct the hearing and the director may make the determination from the record.

2. The director shall make and publish findings based upon the facts, testimony and evidence received at the public hearing and shall cause copies of his findings and decisions to be delivered or mailed to all parties of record appearing at the hearing, or their attorneys of record.

(L. 1969 S.B. 65 § 4, A.L. 1973 S.B. 92)

Fees, collection of, commodity council merchandising fund created,lapse into general revenue prohibited--disposition of funds.

275.350. 1. Any fee imposed under the commodity merchandising program shall be collected by the appropriate commodity council whether directly from the producers or indirectly from the handlers or processors as stipulated by the provision of the commodity merchandising program. The councils are authorized to contract with the director pursuant to subsection 5 of this section to perform the duties of this section. The director shall transfer any fees collected to the director of revenue.

2. If any merchandising fee is unpaid on the date on which the fee was due and payable, a penalty of one percent per month shall apply from and after that date until payment plus the penalty is received by the director. If, after due notice, any person defaults in any payment of the fee or penalties thereon, the amount due may be collected by civil action, and the person adjudged in default shall pay the costs of the action. The attorney general or, if requested by the attorney general, the prosecuting attorney of any county, in which a cause of action arose under the provisions for the collection of fees due and unpaid shall institute proper action in the courts of this state for the collection of fees and penalties thereon due and unpaid. The statute of limitation period for the institution of suit for collection shall be one year.

3. All fees paid to the director for administration pursuant to section 275.370 shall be credited to the "Commodity Council Merchandising Fund" which is hereby created. All money credited to the commodity council merchandising fund shall be appropriated by the general assembly for the use and benefit of the state department of agriculture and specified in the annual appropriations to said state department to be for administration of the commodity merchandising programs. The unexpended balance in the commodity council merchandising fund at the end of the annual period shall not be transferred to the ordinary revenue fund of the state treasurer and accordingly shall be exempt from the provisions of section 33.080 relating to transfer of funds to the ordinary revenue funds of the state by the treasurer.

4. The revisions to the commodity merchandising councils act made by this section and effective July 10, 1998, shall not be deemed to be a major change for purposes of section 275.330.

5. The director may enter into contracts with appropriate commodity councils, at the request of the commodity councils, to collect, audit and administer checkoff funds and may retain only such fees for the cost of such services, to be deposited into the commodity council merchandising fund. Such contracts shall be implemented as follows:

(1) All other fees paid to the director shall not be considered state funds and shall be administered by the director of revenue pursuant to Article IV, Section 15 of the Missouri Constitution. The department of agriculture shall keep accurate records of the amount of money collected for each council and the records shall be open to the inspection of officers of the councils. The director shall provide the director of revenue with the information and reports necessary to facilitate accurate distribution of moneys to the appropriate councils;

(2) Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited as nonstate funds during the preceding month to the treasurers of the appropriate councils, less all authorized refunds paid during the preceding month. Moneys collected pursuant to national commodity assessment programs shall be distributed pursuant to law.

(L. 1969 S.B. 65 § 7, A.L. 1998 H.B. 1876 merged with S.B. 945)

Beef producers assessment, effect if federal assessmentadopted--limitation on collection of fees--checkoff fee petition,vote--rulemaking authority.

275.352. 1. If a national referendum among beef producers passes and a federal assessment on beef producers is adopted pursuant to federal law, no state fees shall be collected under the provisions of this chapter, in excess of a commensurate amount credited against the obligation to pay any such federal assessment. Upon adoption of the federal assessment, beef shall be exempt from the refund provision of section 275.360.

2. Notwithstanding the provisions of subsection 1 of this section to the contrary, a beef commodity council may only collect state fees if a referendum is approved on or after August 28, 2015, in the manner provided under the provisions of subsections 3 to 12 of this section.

3. A beef commodity council established pursuant to the provisions of this chapter may submit to the director a petition approved by a two-thirds vote of the council or signed by twenty-five percent of Missouri beef producers to impose or modify a Missouri beef checkoff fee upon beef producers. Any petition submitted to establish or modify a Missouri beef checkoff fee, and the referendum to follow, shall specify the amount and manner of collection of the fee to be assessed. In no case shall the Missouri beef checkoff fee exceed the amount of the federal assessment on beef. Upon receipt of such petition the director shall:

(1) Determine the legal sufficiency of the petition;

(2) Establish a list of beef producers or make any such existing list current;

(3) Hold a public hearing or hearings on the proposed program;

(4) Publish a notice to beef producers advising them:

(a) That a petition has been filed with the director;

(b) The time and place or places of the public hearing or hearings; and

(c) That to be eligible to vote in the referendum the producer shall register.

The director shall give notice in publications devoted to agriculture which have a total statewide circulation of not less than two hundred twenty-five thousand, at least one month prior to the hearing. The fees for the publication of notice shall be advanced in cash to the director by the beef commodity council and no publication of notice shall be paid for by state funds;

(5) Provide forms to enable producers to register, which forms shall include the producer's name, mailing address, and the yearly average quantity of beef cattle sold by him or her in the three years preceding the date of the notice, or in such lesser period as a producer has sold beef cattle;

(6) Approve the petition, in whole or as revised, or disapprove the petition depending upon the determinations made after public hearing;

(7) After approval of a petition, hold a referendum among the beef producers to determine whether or not the Missouri beef checkoff fee shall be imposed.

4. The director shall determine the sufficiency of the petition within twenty-one days after it is submitted to him or her and shall publish notice of the public hearing and registration requirements giving at least ten days' notice prior to public hearing and thirty days' notice to register prior to the referendum.

5. If a majority of the votes cast are in favor of adoption, and if those producers voting in favor of adoption represent a majority of the production of all registered producers casting votes, the petition is adopted.

6. If the required percentage by number and by production of those voting is in favor of the adoption of the proposal in the petition, the director shall declare the proposal to be adopted.

7. A proposal to change the amount of the fee to be collected or to make other changes may be made by a two-thirds vote of the council or by petition of twenty-five percent of the commodity producers. The proposal shall then be submitted to referendum under which the same percentages by number and production shall be required for approval as were required for establishment of the original merchandising program. However, the council, by two-thirds vote, may lower the amount of the fee to be collected, or may thereafter increase the amount of the fee to not more than the rate originally approved without a referendum vote. Such increase or decrease of fees shall not become effective except at the beginning of the next state fiscal year.

8. A proposal to terminate the Missouri beef checkoff fee may be made by a majority of the council or by petition of ten percent of the registered beef producers. The proposed termination shall be submitted to referendum under which a simple majority of those voting shall be required for termination.

9. No referendum to change the amount of fee, or to make other major changes may be held within twelve months of a referendum conducted for a similar purpose.

10. Fees collected pursuant to this section shall be collected in the same manner as that used to collect the federal assessment on beef. The department shall keep and account for the state and federal assessments separately. State fees collected pursuant to this section shall be subject to the refund provision provided under section 275.360.

11. Notwithstanding the provisions of section 275.350 to the contrary, fees imposed under this section shall be collected and remitted to the Missouri Beef Industry Council, which shall deposit such fees in a separate account from all other funds. Funds derived from the fees established under this section shall only be used to research, market, educate, and promote beef products and production.

12. The department may adopt such rules, statements of policy, procedures, forms, and guidelines as may be necessary to carry out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.

(L. 1988 S.B. 785 § 1, A.L. 2015 S.B. 12)

Refund of fees, request for.

275.360. Any producer or grower may, by the use of forms provided by the director, have the fee paid and all future fees paid or collected from him pursuant to sections 275.300 to 275.370 refunded to him, provided such request for refund is in the office of the director within sixty days following the payment of such fee. Apples and rice will be exempt from this provision.

(L. 1969 S.B. 65 § 9, A.L. 2011 H.B. 344 merged with S.B. 356)

Council, officers, duties.

275.370. 1. The commodity merchandising council shall:

(1) Elect a chairman and any other officers as is considered desirable;

(2) Authorize the director with the approval of the council to expend a budgeted amount of the commodity council merchandising fund in the administration of the commodity merchandising program and in the collection of commodity merchandising fees;

(3) Perform such other duties as may be prescribed in the commodity merchandising program.

2. The director shall be guided by the advice, recommendations and assistance of the commodity merchandising council in the collection of funds, audits and refunds associated with the commodity merchandising program.

(L. 1969 S.B. 65 §§ 6, 8)

Missouri aquaculture council created--department to divide state intodistricts, each district to elect council member--qualifications,terms, vacancies, expenses--powers and duties.

275.450. 1. There is hereby created the "Missouri Aquaculture Council", which shall consist of five members elected by commercial producers. The members of the council shall be citizens and residents of the state, shall have been qualified voters in the state for a period of at least one year preceding their appointment, and shall be commercial producers as defined in sections 275.452 to 275.455. The department of agriculture shall divide the state into four aquaculture districts which contain, as nearly as can be estimated by the department, an equal number of commercial producers, and one council member shall be elected from each aquaculture district. Each member shall be elected for a term of three years, except that of the members first elected, two shall be elected for a term of two years and two shall be elected for a term of three years. Vacancies in the council shall be filled for the unexpired term in the same manner as original elections are made. The fifth member of the council shall be elected at large for a term of three years.

2. All members shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties.

3. The council shall:

(1) Provide a list of commercial producers of fish and fish products in this state to the department of agriculture;

(2) Administer the aquaculture marketing development fund;

(3) Elect from among their membership a president, vice president, and secretary-treasurer, whose duties shall be established in the bylaws of the council;

(4) Draft and adopt the bylaws of the council;

(5) Communicate with commercial producers in order to enhance the market development of fish and fish products in this state;

(6) Perform any other duties deemed necessary to carry out the functions described in this subsection.

(L. 1989 H.B. 214 § 275.455)

Collection by department of agriculture of a charge per ton of fishfood purchased by commercial producers, exceptions--fish food andcommercial producer, defined.

275.452. In addition to any other licenses and charges imposed by law, there shall be collected by the director of the department of agriculture and paid to the director of the department of revenue for deposit in the aquaculture marketing development fund an additional charge of three dollars per ton of fish food or fraction thereof purchased by commercial producers in this state. As used in sections 275.450 to 275.455, the term "fish food", means food, purchased in bulk or bag quantities, used to feed fish, whether or not such food is used for fish held for sale, and the term "commercial producer" means a commercial producer or seller of fish or fish products who purchases at least two thousand pounds of fish food in a calendar year, but such term shall not include the state, any state department or any political subdivision of the state. The charges shall be paid and collected pursuant to section 275.455.

(L. 1989 H.B. 214 § 275.450 subsec. 1)

Aquaculture market fund established, charges collected deposited infund--cost of collection, how paid--purpose of fund.

275.454. The revenue derived from the additional charge imposed by section 275.452 shall be deposited by the director of the department of revenue in the treasury to the credit of the "Aquaculture Marketing Development Fund", which is hereby created. Moneys in the fund shall be appropriated annually by the general assembly for the use and benefit of the aquaculture council, established in section 275.450, through the department of agriculture and specified in the annual appropriations of the department of agriculture for such purpose, and when so made shall be transferred by the director of the department of agriculture to the treasurer of the aquaculture council, and used for the marketing of fish and fish products in this state, and shall be appropriated and used for no other purpose, except that the aquaculture council shall reimburse the department of agriculture for expenses incurred in collecting moneys for the fund.

(L. 1989 H.B. 214 § 275.450 subsec. 2)

Payment of charges to be made, when--reports to be filed with directorwith payment, content, violation, penalty.

275.455. 1. Payment of the charges provided in this section shall be made by each commercial producer in this state. Each commercial producer, on or before the fifteenth day of January, April, July, and October, shall file with the director of the department of agriculture, on forms prescribed and furnished by the director, a signed written report in duplicate, in such form as is required by the director to enable him to compute, and assure the accuracy of, the charges due on all purchases of fish food occurring during the preceding quarter. Payment of the charges in the amount disclosed by the report shall accompany the report.

2. Any commercial producer who purchases any fish food mentioned in section 275.452, unless the charge imposed by sections 275.452 to 275.455 is paid, is subject to a fine of not less than fifty dollars nor more than one thousand dollars.

(L. 1989 H.B. 214 § 275.450 subsecs. 3, 4)

Definitions.

275.460. As used in sections 275.460 to 275.468, the following terms mean:

(1) "Commercial producer", an individual or legal entity in this state who has a Missouri manufacturer's license for the production of wine;

(2) "Grape or grapes", grapes used for the production of wine produced by commercial producers in this state;

(3) "Grape juice", grape juice used for the production of wine produced by commercial producers in this state.

(L. 1998 H.B. 1240)

Missouri wine marketing and research council, created, members,qualifications, duties.

275.462. 1. There is hereby created the "Missouri Wine Marketing and Research Council" which shall consist of five members elected by commercial producers. The members of the council shall be citizens and residents of the state and shall be commercial producers. Each member shall be elected for a term of three years, except that of the members first elected, one shall be elected for a term of one year, two shall be elected for a term of two years and two shall be elected for a term of three years. Vacancies in the council shall be filled for the unexpired term in the same manner as original elections are made.

2. All members may be reimbursed for actual and necessary expenses incurred by them in the performance of their duties.

3. The council shall:

(1) Provide a list of commercial producers of wine in this state to the department of agriculture;

(2) Administer the Missouri wine marketing and research development fund;

(3) Elect from among their membership a president, vice president, and secretary-treasurer, whose duties shall be established in the bylaws of the council;

(4) Draft and adopt bylaws of the council;

(5) Communicate with commercial producers in order to enhance enology research, education and development of markets for wine produced in Missouri;

(6) Perform any other duties deemed necessary to carry out the functions described in this subsection.

(L. 1998 H.B. 1240)

Additional charge--director of agriculture's duty.

275.464. In addition to any other licenses and charges imposed by chapter 311, there shall be collected by the director of the department of agriculture and paid to the director of the department of revenue for deposit in the Missouri wine marketing and research development fund an additional pro rata charge of six dollars per ton of grapes or one hundred sixty gallons of grape juice processed by commercial producers in this state, with three dollars per ton or one hundred sixty gallons being used for research and advisement of grapes and grape products. The charges shall be paid and collected pursuant to sections 275.466 to 275.468.

(L. 1998 H.B. 1240, A.L. 2002 H.B. 1348)

Additional charge--Missouri wine marketing and research developmentfund created--uses.

275.466. The revenue derived from the additional charge imposed by section 275.464 shall be deposited by the director of the department of revenue in the treasury to the credit of the "Missouri Wine Marketing and Research Development Fund", which is hereby created. Moneys in the fund shall be appropriated annually by the general assembly through the department of agriculture for the use and benefit of the Missouri wine marketing and research council. Such moneys shall be specified in the annual appropriations of the department of agriculture for the Missouri wine and marketing research council and shall be transferred by the director of the department of agriculture to the treasurer of the council, to be used only for enology research, education and marketing of wine produced in Missouri, except that the Missouri wine marketing and research council shall reimburse the department of agriculture for reasonable expenses incurred in collecting moneys for the fund. Notwithstanding the provisions of section 33.080, no portion of the fund shall be transferred to the general revenue fund.

(L. 1998 H.B. 1240)

Annual report--payment required.

275.468. Payment of the charges provided in sections 275.464 to 275.468 shall be made by each commercial producer in this state. Each commercial producer, on or before the thirty-first day of January, shall file with the director of the department of agriculture, on forms prescribed and furnished by the director, a signed written report in duplicate, in such form as is required by the director to enable the director to compute, and assure the accuracy of, the charges due on all grapes and grape juice processed during the preceding year. Payment of the charges in the amount disclosed by the report shall accompany the report.

(L. 1998 H.B. 1240)


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