reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.200 - County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 2011
263.200. County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions. —
1. In addition to the remedies provided in section 263.190, when noxious weeds are discovered growing on any lands in the county, it shall be the duty of the county commission to control such noxious weeds so as to prevent the seed from ripening, and for that purpose the county commission, or its agents, servants, or employees shall have authority to enter on such lands without being liable to an action of trespass therefor, and shall have such official immunity as exists at common law for any misfeasance or damages occurring in connection with the attempt to control noxious weeds. Notwithstanding any provision of law to the contrary, the county shall be liable for any misfeasance or actual damages caused by its agents, servants, or employees in connection with the attempt to control noxious weeds. The landowner shall owe no duty of care to such persons, except that which the landowner owes to trespassers. The county commission shall keep an accurate account of the expenses incurred in controlling the noxious weeds, and shall verify such statement under seal of the county commission, and transmit the same to the officer whose duty it is or may be to extend state and county taxes on tax books or bills against real estate; and such officer shall extend the aggregate expenses so charged against each tract of land as a special tax, which shall then become a lien on the lands, and be collected as state and county taxes are collected by law and paid to the county commission and credited to the county control fund.
2. Before proceeding to control noxious weeds as provided in this section, the county commission of the county in which the land, or the greater part thereof, is located shall notify the owner of the land of the requirements of this law, by certified mail, return receipt requested, from a list supplied by the officer who prepares the tax list, and shall allow the owner of the land fifteen days from acknowledgment date of return receipt, or date of refusal of acceptance of delivery, as the case may be, to control all such noxious weeds growing upon the owner's land.
3. Any land or properties that are owned solely by a political subdivision in a city not within a county shall be subject to all provisions of sections 263.190, 263.200, and 263.240.
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(RSMo 1939 § 14261, A.L. 1979 H.B. 259, A.L. 1992 H.B. 1199, A.L. 2011 H.B. 458 merged with S.B. 356)
Prior revisions: 1929 § 12598; 1919 § 12119; 1909 § 743
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.220 - Duty of prosecuting attorney.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 2011
263.220. Duty of prosecuting attorney. —
It shall be the duty of the prosecuting attorney of the county to prosecute all actions brought under section 263.190.
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(RSMo 1939 § 14263, A.L. 2011 H.B. 458 merged with S.B. 356)
Prior revisions: 1929 § 12600; 1919 § 12121; 1909 § 746
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.240 - Penalty for violation.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 2011
263.240. Penalty for violation. —
Any person who shall violate any of the provisions of section 263.190 is, upon conviction, guilty of a misdemeanor and a violation of section 263.190 is a misdemeanor.
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(RSMo 1939 § 14264, A.L. 1941 p. 302 § 14264a, A.L. 1979 H.B. 259, A.L. 2011 H.B. 458 merged with S.B. 356)
Prior revisions: 1929 § 12601; 1919 § 12122; 1909 § 747
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.243 - State agency purchasing seed from nondomestic source containing noxious weeds, liability.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1989
263.243. State agency purchasing seed from nondomestic source containing noxious weeds, liability. —
Any state agency purchasing seed from a nondomestic source, which seed contains any weed not native to this state which has been declared a noxious weed by this or any other state, shall be liable for eradication of the noxious weed or shall be liable to a landowner for costs of eradication.
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(L. 1989 H.B. 869 § 2)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.247 - Brush control, county option, certain counties — election to discontinue enforcement of weed control program.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.247. Brush control, county option, certain counties — election to discontinue enforcement of weed control program. —
1. Section 263.245 shall become effective only in those counties described in subsection 1 of section 263.245 in which the governing body of the county submits to the voters of the county, at a regularly scheduled countywide election, a proposal to implement the provisions of section 263.245. The governing body of the county shall give notice of the election by publication in a newspaper of general circulation in the county for two consecutive weeks, the last insert of which shall be within ten days of the election.
2. The ballot of submission shall include, but not be limited to, the following language:
Shall the county of ______ (county's name) enforce brush control adjacent to county roads?
☐ YES
☐ NO
If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO".
3. If a majority of the votes cast at the election are in favor of such proposal, section 263.245 shall become effective in that county. If a majority of the votes cast at the election are opposed to such proposal, section 263.245 shall not become effective in that county.
4. The governing body of any county in which the provisions of section 263.245 are in effect may, on its own motion, call for an election to repeal the implementation of section 263.245 in that county. The election shall be held at the same time and in the same manner as an election to implement section 263.245 in the county as prescribed in subsections 1 to 3 of this section, except that the ballot of submission shall include, but not be limited to, the following language:
Shall the county of ______ (county's name) discontinue enforcement of brush control adjacent to county roads?
☐ YES
☐ NO
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(L. 1987 H.B. 734 § 2, A.L. 1992 H.B. 1199)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.250 - Marijuana plant to be destroyed — county commission to destroy, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.250. Marijuana plant to be destroyed — county commission to destroy, when. —
1. The plant "marijuana", botanically known as cannabis sativa, is hereby declared to be a noxious weed and all owners and occupiers of land shall destroy all such plants growing upon their land. Any person who knowingly allows such plants to grow on his land or refuses to destroy such plants after being notified to do so shall allow any sheriff or such other persons as designated by the county commission to enter upon any land in this state and destroy such plants.
2. Entry to such lands shall not be made, by any sheriff or other designated person to destroy such plants, until fifteen days' notice by certified mail shall be given the owner or occupant to destroy such plants or a search warrant shall be issued on probable cause shown. In all such instances, the county commission shall bear the cost of destruction and notification.
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(L. 1951 p. 3 § 1, A.L. 1971 H.B. 199, A.L. 1992 H.B. 1199)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.255 - County election on enforcement of Johnson grass control law, notice, ballot, effect.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1957
263.255. County election on enforcement of Johnson grass control law, notice, ballot, effect. —
1. Upon the petition of one hundred landowners in any county the county commission shall declare that a threat exists to the agricultural economy of the county by reason of the growth and infestation of a species of grass, Sorghum halepense, commonly known as "Johnson grass". After such declaration there shall be submitted to the qualified voters of the county at the next general election or a special election called for that purpose, the question of enforcing the provisions of sections 263.255 to 263.267. The commission shall give notice of the election by publication in a newspaper published in the county for three weeks consecutively, the last insert of which shall be at least ten days before the day of the election. There shall be written or printed on each ballot voted at said election the following: "For Enforcing the Law Controlling and Eradicating Johnson Grass""Against Enforcing the Law Controlling and Eradicating Johnson Grass". At any such election, the voting, making returns thereof, and casting up the result shall be governed in all respects by the laws applicable to general elections for state and county purposes.
2. If a majority of the votes cast at the election are in favor of enforcing the law controlling and eradicating Johnson grass, the clerk of the county commission shall enter upon the county commission's records the result of the election and within ten days after the election, shall notify the state director of agriculture of the result of the election. If a majority of the votes cast at the election are not in favor of enforcing such law, the question shall not be resubmitted for at least two years after the election.
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(L. 1957 p. 9 §§ 1, 2)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.257 - Director of agriculture to exterminate Johnson grass, when — county weed control board, appointment, expenses.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1957
263.257. Director of agriculture to exterminate Johnson grass, when — county weed control board, appointment, expenses. —
1. The state director of agriculture shall within thirty days after receipt of the notice from the clerk of the county commission as provided in subsection 2 of section 263.255 declare such county a "Johnson Grass Extermination Area" and the director of agriculture shall cause suitable notice to be published in a newspaper in the county for three consecutive weeks. The notice shall contain, among other things, that the county has been declared a Johnson grass extermination area and that all property owners in the county shall, not later than April thirtieth of the subsequent year, take steps toward controlling and eradicating Johnson grass on all lands owned by them or under their control.
2. The state director of agriculture shall within ten days after receipt of the notice provided in subsection 1 appoint a three-man county weed control board, composed of citizens of the county, to serve as advisers and to assist in the administration of sections 263.255 to 263.267, and to perform such other duties as prescribed by the director of agriculture. Members of the board shall receive no salary but shall be fairly reimbursed by the county commission for necessary expenses incurred in performance of their duties.
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(L. 1957 p. 9 §§ 3, 4)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.259 - Duties of state director of agriculture — inspection by county weed control board.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1959
263.259. Duties of state director of agriculture — inspection by county weed control board. —
1. The state director of agriculture shall have the following duties:
(1) He shall supervise the control and eradication of Johnson grass;
(2) He shall inspect lands and places for compliance with the provisions of sections 263.255 to 263.267;
(3) He shall inform himself of the origin, nature and appearance of Johnson grass and the manner in which it is disseminated and shall follow recommendations of the Missouri college of agriculture as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass;
(4) He shall cooperate with and have authority to enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of Johnson grass. The state director shall make all rules and regulations for carrying out the provisions and requirements of sections 263.255 to 263.267.
2. The county weed control board under the supervision of the director of agriculture shall inspect or cause to be inspected all lands of the county between the dates of August fifteenth and October thirty-first of each year during which the county is classed as a Johnson grass extermination area. The director or his designated representative, as well as the county weed control board or the designated representative of the board shall have the right of ingress or egress upon all lands in the county in making an inspection or performing any other duties imposed by sections 263.255 to 263.267. All failures to comply with the provisions of sections 263.255 to 263.267 shall be reported to the prosecuting attorney of the county and it shall be his duty to prosecute all violations of sections 263.255 to 263.267 in the manner provided in section 263.262.
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(L. 1957 p. 9 §§ 6, 8, A.L. 1959 H.B. 486)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.261 - Duties of public utilities and government agencies as to Johnson grass.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1957
263.261. Duties of public utilities and government agencies as to Johnson grass. —
It shall be the duty of public utilities, the state transportation department, the county commission, railroads, drainage districts, township boards, special road districts and other public and quasi-public corporations and every land owner in Johnson grass extermination areas:
(1) To control and eradicate Johnson grass and to prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them;
(2) To employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the director of agriculture of the county weed control board;
(3) To comply with all orders, rules and regulations promulgated by the director of agriculture pursuant to the provisions of sections 263.255 to 263.267.
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(L. 1957 p. 9 § 11)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.262 - Johnson grass declared nuisance, where — abatement.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1977
263.262. Johnson grass declared nuisance, where — abatement. —
The existence or growth of Johnson grass in an electing county is hereby declared to be a public and common nuisance and the prosecuting attorney for each county shall have the duty to bring an action in the circuit court of the county to enjoin such nuisance. The action shall be in the name of the state of Missouri and shall be tried as a suit in equity before the court, and shall be against all persons permitting or maintaining such nuisance. The complaint in said action shall recite that thirty days' advance notice of the action has been served upon the defendants thereto, and that said defendants have taken no suitable action to comply with the provisions of the law prior to the filing of the complaint. Any landowner whose land is adjacent to or within one hundred feet of land on which such nuisance is permitted or maintained and who is undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining such nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars as well as a reasonable attorney fee and any actual damages sustained as a result of such nuisance.
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(L. 1957 p. 9 § 12, A.L. 1977 H.B. 297)
CROSS REFERENCE:
Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, 67.398
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.265 - Tax for control of Johnson grass — state transportation department to pay costs.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1959
263.265. Tax for control of Johnson grass — state transportation department to pay costs. —
The county commission, township board and special road district of any county declared a Johnson grass extermination area, in addition to any and all taxing powers which it may possess shall be authorized to levy upon all property subject to its authority a tax in an amount not to exceed five cents on each one hundred dollars assessed valuation, for the purpose of paying the expenses of the county weed control board or the agent of the board in making the inspection required under the provisions of section 263.259, and for the expense of controlling and eradicating Johnson grass on county roads and rights-of-way, provided that not more than twenty-five percent of the taxes so levied and collected shall be used for administrative purposes. The cost of control and eradication of Johnson grass on all lands and highways owned or supervised by the state transportation department shall be paid by the transportation department out of funds appropriated for its use.
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(L. 1957 p. 9 § 7, A.L. 1959 H.B. 486)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.266 - Approved eradication methods to be followed.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1957
263.266. Approved eradication methods to be followed. —
It shall be the duty of public utilities, the state transportation department, the county commission, railroads, drainage districts, township boards, special road districts and other public and quasi-public corporations to follow recommendations of the Missouri college of agriculture as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass.
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(L. 1957 p. 9 § 5)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.267 - County's classification as Johnson grass extermination area terminated, how.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1977
263.267. County's classification as Johnson grass extermination area terminated, how. —
Classification of a county as a Johnson grass extermination area shall be terminated by an order of the county commission of such county and an election conducted in the manner and form prescribed for classifying such county as a Johnson grass extermination area. Elections covered under this section may not be presented to the qualified voters more often than once every two years.
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(L. 1957 p. 9 § 9, A.L. 1977 H.B. 297)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.452 - Declaration of commission, when — election, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.452. Declaration of commission, when — election, procedure. —
1. Upon motion of the county commission, or upon the petition of one hundred landowners in any county, the county commission shall declare that a threat exists to the agricultural economy of the county by reason of the growth and infestation of noxious weeds. After such declaration there shall be submitted to the qualified voters of the county at the next general election, the question of enforcing the provisions of sections 263.450 to 263.474. The question shall be submitted substantially as follows:
Shall the county of ______ become a "Noxious Weed Control Area" by adopting the provisions of sections 263.450 to 263.474, RSMo, providing for the control of noxious weeds, and authorizing the county commission to levy a tax of up to fifteen cents on each one hundred dollars of assessed valuation to provide funds for the control of noxious weeds?
☐ YES
☐ NO
(Place an X in the square opposite the one for which you wish to vote.)
2. The election thereon shall be conducted, votes canvassed, and the results declared in the manner provided in chapter 115 for county general elections. If a majority of the votes cast at the election are in favor of enforcing the law controlling noxious weeds, the clerk of the county commission shall enter upon the commission records the result of the election and, within ten days after the election, shall notify the state director of agriculture of the result of the election. If a majority of the votes cast at the election are not in favor of enforcing such law, the question shall not be resubmitted for at least two years after the election.
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(L. 1992 H.B. 1199 § 2)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.454 - Declaration as noxious weed control area, notice, duties of property owners — county weed control board, appointment, members, duties, compensation, terms.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.454. Declaration as noxious weed control area, notice, duties of property owners — county weed control board, appointment, members, duties, compensation, terms. —
1. The state director of agriculture shall within thirty days after receipt of the notice from the clerk of the county commission as provided in subsection 2 of section 263.452 declare such county a "Noxious Weed Control Area" and the county commission shall cause suitable notice to be published in a newspaper of general circulation in the county for three consecutive weeks. The notice shall contain the fact that the county has been declared a noxious weed control area, a list of all noxious weeds and a statement that all property owners in the county shall, not later than the April thirtieth immediately following the publication of the notice, take steps toward controlling noxious weeds on all lands owned by them or under their control.
2. The county commission of any county declared a noxious weed control area shall, within ten days after such declaration, appoint a county weed control board, composed of three citizens of the county, to serve as advisors and to assist in the administration of sections 263.450 to 263.474, and to perform such other duties related to the control of noxious weeds as prescribed by the county commission. Members of the board shall receive no salary but shall be fairly reimbursed by the county commission for actual and necessary expenses incurred in performance of their duties. Appointments to the county weed control board shall be for terms of three years, except that of the initial appointments, one person shall be appointed for one year, one person shall be appointed for two years and one person shall be appointed for three years. Each year thereafter, one person shall be appointed to fill the expired term.
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(L. 1992 H.B. 1199 § 3)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.458 - Public utilities, department of transportation, department of natural resources, department of conservation, United States government, and railroads duties in noxious weed control areas.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.458. Public utilities, department of transportation, department of natural resources, department of conservation, United States government, and railroads duties in noxious weed control areas. —
It shall be the duty of public utilities on all land they own, and the department of transportation, the department of natural resources, the department of conservation, and the United States government and any agency thereof, and railroads on all lands, rights-of-way and easements owned, occupied or controlled by them, in noxious weed control areas:
(1) To control noxious weeds and to prevent their regrowth and reinfestation;
(2) To employ methods of control and for the prevention of the regrowth and reinfestation of noxious weeds as directed by the county weed control board;
(3) To comply with all orders, rules and regulations promulgated by the county commission pursuant to the provisions of sections 263.450 to 263.474.
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(L. 1992 H.B. 1199 § 5)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.460 - Noxious weeds as public nuisance — action to enjoin nuisance, venue, parties, notice.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.460. Noxious weeds as public nuisance — action to enjoin nuisance, venue, parties, notice. —
The existence or growth of noxious weeds in a noxious weed control area is hereby declared to be a public and common nuisance and the prosecuting attorney for each county declared a noxious weed control area may bring an action in the circuit court of the county to enjoin such nuisance. The action shall be in the name of the state of Missouri and shall be tried as a suit in equity before the court, and shall be against all persons permitting or maintaining such nuisance. The complaint in the action shall recite that fifteen days' advance notice of the action has been served upon the defendants thereto, and that the defendants have taken no suitable action to comply with the provisions of the law prior to the filing of the complaint.
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(L. 1992 H.B. 1199 § 6)
CROSS REFERENCE:
Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, 67.398
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.462 - Tax may be assessed by county commission, township board and special road district — transportation department property, costs — county commission may share costs with landowners.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.462. Tax may be assessed by county commission, township board and special road district — transportation department property, costs — county commission may share costs with landowners. —
The county commission, township board and special road district of any county declared a noxious weed control area, in addition to any and all taxing powers which it may possess, may levy upon all property subject to its authority a tax in an amount not to exceed fifteen cents on each one hundred dollars assessed valuation, for the purpose of paying the expenses of the county weed control board or the agent of the board in making the inspection required under the provisions of section 263.456, and for the expense of controlling noxious weeds on county roads, rights-of-way, and at other places where noxious weeds may be found. All of the cost of control of noxious weeds on all lands and highways owned or supervised by the department of transportation shall be paid by the department of transportation out of funds appropriated for its use, and the county commission may share costs pursuant to contract with the landowners of property where noxious weeds may be found.
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(L. 1992 H.B. 1199 § 7)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.464 - Chemicals and biological agents, approval of required.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.464. Chemicals and biological agents, approval of required. —
All public utilities, the department of transportation, the department of conservation, the county commission, railroads, drainage districts, township boards, special road districts and other public and quasi-public corporations shall use only EPA approved chemicals or biological agents labeled to control the targeted noxious weeds. The University of Missouri college of agriculture may serve as an advisor if expertise is required by the applicator.
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(L. 1992 H.B. 1199 § 8)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.466 - Termination of classification as noxious weed control area.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.466. Termination of classification as noxious weed control area. —
Classification of a county as a noxious weed control area shall be terminated by an order of the county commission of such county and an election conducted in the manner and form prescribed for classifying such county as a noxious weed control area. Elections covered under this section may not be presented to the qualified voters more often than once every two years.
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(L. 1992 H.B. 1199 § 9)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.468 - County noxious weed fund may be established — program required — funding — orders.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.468. County noxious weed fund may be established — program required — funding — orders. —
1. The governing body of any county of this state not declared a noxious weed control area may opt to establish a "County Noxious Weed Fund" for the purpose of making grants on a cost share basis for the control of any noxious weed.
2. Any eligible county opting to establish a county noxious weed fund shall establish a noxious weed control program. No resident or owner of land of any county shall be required to participate in such a county noxious weed control program. Any resident or landowner making application for cost share grants under this section shall participate in such program.
3. For the purpose of administering the county noxious weed fund, the county governing body shall have sole discretion of awarding cost share grants under this section.
4. For the purpose of funding the county noxious weed fund, the county governing body may appropriate county funds, or solicit municipality, state agency, and federal agency funds. All such funds shall be deposited in the county noxious weed fund to be expended for the sole purpose of controlling noxious weeds.
5. Any county opting to establish a county noxious weed control program under this section may make orders governing the program, and any county opting to establish a county noxious weed fund under this section may establish a cost share ratio on an annual basis beginning with the creation of the fund for all landowners, other than railroads, public utilities, the department of transportation, the department of conservation, and all other state agencies.
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(L. 1992 H.B. 1199 § 10)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.470 - Prohibition, Johnson grass extermination area.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.470. Prohibition, Johnson grass extermination area. —
No county may elect to declare itself a Johnson grass extermination area pursuant to sections 263.255 to 263.267, after August 28, 1992.
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(L. 1992 H.B. 1199 § 11)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.472 - Conversion of Johnson grass extermination area to noxious weed control program — election, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.472. Conversion of Johnson grass extermination area to noxious weed control program — election, procedure. —
1. Upon the motion of the county commission or upon the petition of one hundred landowners in any county which has elected to declare itself a Johnson grass extermination area pursuant to sections 263.255 to 263.267, there shall be submitted to the qualified voters of the county at the next general election the question of converting a Johnson grass extermination program, established pursuant to sections 263.255 to 263.267, to a noxious weed control program pursuant to sections 263.450 to 263.474. The question shall be submitted substantially as follows:
Shall the county of ______ convert its Johnson grass extermination program to a noxious weed control program pursuant to sections 263.450 to 263.474, RSMo, and authorize the county commission to levy a tax of up to fifteen cents on each one hundred dollars of assessed valuation to provide funds for the control of noxious weeds, and to use taxes already collected under the Johnson grass extermination law for these purposes?
☐ YES
☐ NO
(Place an X in the square opposite the one for which you wish to vote.)
2. The election thereon shall be conducted, votes canvassed, and the results declared in the manner provided in chapter 115 for county general elections.
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(L. 1992 H.B. 1199 § 12)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.474 - Public and private standards of control.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1992
263.474. Public and private standards of control. —
No local governing body shall provide for or compel the control of undesirable plants on private property pursuant to sections 263.450 to 263.474 without first applying the same or greater control measures to any land or rights-of-way owned or controlled by the local governing body that are adjacent to the private property.
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(L. 1992 H.B. 1199 § 13)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.500 - Law, how cited.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.500. Law, how cited. —
Sections 263.500 to 263.537 shall be known and may be cited as the "Missouri Boll Weevil Suppression Eradication Act".
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(L. 1995 S.B. 66 § 1)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.503 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.503. Definitions. —
As used in sections 263.500 to 263.537, the following words shall mean:
(1)
"Assessment"
, the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state, to be calculated on a per-acre basis;
(2)
"Boll weevil"
, anthonomus grandis boheman in any state of development;
(3)
"Certificate"
, a document issued or authorized by the department indicating that a regulated article is not contaminated with boll weevils;
(4)
"Cotton"
, any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
(5)
"Cotton grower"
, any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, for market, cotton and will share equitably in expenses of the potential boll weevil eradication program;
(6)
"Department"
, the department of agriculture;
(7)
"Host"
, any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
(8)
"Infested"
, actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists;
(9)
"Permit"
, a document issued or authorized by the department to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing;
(10)
"Person"
, any individual, partnership, corporation, company, society, or association, or other business entity;
(11)
"Regulated article"
, any article of any character carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing.
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(L. 1995 S.B. 66 § 2)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.507 - Department of agriculture — powers and duties.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.507. Department of agriculture — powers and duties. —
The department may carry out programs to suppress or eradicate the boll weevil in this state. The department may cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, or handling cotton, or any group of such persons in this state, in programs to effectuate the purposes of sections 263.500 to 263.537 and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing, and for division of duties and responsibilities under sections 263.500 to 263.537 and may include other provisions generally to effectuate the purposes of sections 263.500 to 263.537.
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(L. 1995 S.B. 66 § 4)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.509 - Director's right to enter premises to eradicate and inspect, requirements — court may issue a warrant for right of entry, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.509. Director's right to enter premises to eradicate and inspect, requirements — court may issue a warrant for right of entry, when. —
1. The director of the department may enter cotton fields, cotton processing facilities, and other premises in order to carry out suppression or eradication activities, including, but not limited to, treatment with pesticides, monitoring, and destruction of growing cotton or other host plants, as may be necessary to carry out the provisions of sections 263.500 to 263.537.
2. The department may make inspection of any fields or premises in this state and any property located therein or thereon for the purpose of determining whether such property is infested with the boll weevil. Such inspection and other activities shall be conducted in a reasonable manner without a warrant at any reasonable daylight hours falling between sunrise and sunset.
3. Any judge of this state may, within his jurisdiction, and upon proper cause shown, issue a warrant giving the department the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by sections 263.500 to 263.537.
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(L. 1995 S.B. 66 § 5)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.512 - Cotton growers to furnish department with size and location of all cotton fields and patches.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.512. Cotton growers to furnish department with size and location of all cotton fields and patches. —
Every person growing cotton in this state shall furnish to the department on forms supplied by the department, such information as the department may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.
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(L. 1995 S.B. 66 § 6)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.515 - Quarantined areas, authority from regulations by department — articles from other states regulated.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.515. Quarantined areas, authority from regulations by department — articles from other states regulated. —
1. The department may promulgate regulations quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The department shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil.
2. The department may promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil.
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(L. 1995 S.B. 66 § 7)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.517 - Eradication zones established, authority for — regulations — publication of notice in affected areas — violations, authority to destroy cotton.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.517. Eradication zones established, authority for — regulations — publication of notice in affected areas — violations, authority to destroy cotton. —
1. The department may designate by regulation one or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken.
2. The department may promulgate reasonable regulations regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety.
3. The department may issue regulations prohibiting the planting of noncommercial cotton in such elimination zones and requiring that all growers of commercial cotton in the eradication zones participate in a program of boll weevil eradication including cost sharing as prescribed in the regulations.
4. Notice of such prohibition and requirement shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.
5. When a grower fails to meet the requirements of regulations promulgated by the department, the department shall have authority in eradication zones to destroy cotton not in compliance with such regulations.
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(L. 1995 S.B. 66 § 8)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.520 - Eradication zones, authority of department to treat with pesticides or destroy — cotton planted after notice, no payment for losses — payment if cotton planted before notice.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.520. Eradication zones, authority of department to treat with pesticides or destroy — cotton planted after notice, no payment for losses — payment if cotton planted before notice. —
1. The department may destroy, or, at its discretion, cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the department deems such action necessary to effectuate the purposes of sections 263.500 to 263.537.
2. No payment shall be made by the department to the owner or lessee for the destruction or injury of any cotton which was planted in an eradication zone after publication of notice as provided in sections 263.500 to 263.537, or was otherwise handled in violation of sections 263.500 to 263.537, or the regulations adopted pursuant to sections 263.500 to 263.537.
3. The department shall pay for losses resulting from the destruction of cotton which was planted in such zones prior to promulgation of such notice.
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(L. 1995 S.B. 66 § 9)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.523 - Cotton growers' organization, certification by department, requirements — board of directors, appointment, qualifications, terms — audit by department.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.523. Cotton growers' organization, certification by department, requirements — board of directors, appointment, qualifications, terms — audit by department. —
1. The department shall certify a cotton growers' organization for the purpose of entering into agreements with the state of Missouri, other states, the federal government, and other parties as may be necessary to carry out the purposes of sections 263.500 to 263.537.
2. In order to be eligible for certification by the department, the cotton growers' organization must demonstrate to the satisfaction of the department that:
(1) It is a nonprofit organization and could qualify as a tax exempt organization under Section 501(a) of the Internal Revenue Code;
(2) Membership in the organization shall be open to all cotton growers in this state.
3. The organization shall have only one class of members with each member entitled to only one vote.
4. The organization's board of directors shall be composed as follows:
(1) Two Missouri cotton growers recommended by the department, to be appointed by the governor;
(2) Three Missouri cotton growers recommended by the largest general farm organization in this state, to be appointed by the governor;
(3) Three Missouri cotton growers recommended by the largest cotton producer organization in this state, to be appointed by the governor;
(4) One representative of state government from this state recommended by the department, to be appointed by the governor.
5. Directors shall serve for three-year terms, but of the first board appointed three members shall serve for a term of one year, three members shall serve for two years and three members shall serve for three years. All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the department at any reasonable time.
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(L. 1995 S.B. 66 § 10)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.525 - Certification of organization — purpose — revocation, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.525. Certification of organization — purpose — revocation, when. —
1. Upon determination by the department that the organization meets the requirements of section 263.523, the department shall certify the organization as the official cotton growers' organization.
2. Such certification shall be for the purposes of sections 263.500 to 263.537 only, and shall not affect other organizations or associations of cotton growers established for other purposes.
3. The department shall certify only one such organization and may revoke the certification of the organization if at any time the organization shall fail to meet the requirements of sections 263.500 to 263.537.
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(L. 1995 S.B. 66 § 11)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.529 - Referendum under direction of organization — expenses, how paid.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1995
263.529. Referendum under direction of organization — expenses, how paid. —
The arrangements for and management of any referendum held under sections 263.500 to 263.537 shall be under the direction of the certified organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
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(L. 1995 S.B. 66 § 13)