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2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.361 - Violation a misdemeanor.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1955
196.361. Violation a misdemeanor. —
Any person who violates any of the provisions of sections 196.311 to 196.361 shall, upon conviction, be deemed guilty of a misdemeanor.
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(L. 1955 p. 701 § 196.360)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.450 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.450. Definitions. —
When used in sections 196.450 to 196.515, unless the context otherwise requires:
(1)
"Chill room"
means a room or space in a locker plant, artificially cooled, provided for the temporary holding or storage of food prior to its processing or freezing for storage;
(2)
"Cutting or processing room"
means a separate room or space in a locker plant in which food products are prepared for quick or sharp freezing;
(3)
"Department"
means department of agriculture of the state of Missouri;
(4)
"Director"
means the director of the department of agriculture of the state of Missouri;
(5)
"Food"
means all articles used for food, drink, confectionery or condiment by man, whether simple, mixed or compound, and any substance used as a constituent in the manufacture thereof;
(6)
"Locker"
means the individual sections or compartments of a capacity of not to exceed fifty cubic feet, in the locker room of a locker plant;
(7)
"Locker plant"
means a location or establishment in which space in individual lockers is rented for the storage of food;
(8)
"Locker room"
means that space or room in a locker plant which contains individual lockers or compartments which are for rent for the storage of frozen food;
(9)
"Operator"
means any person, copartnership, firm or corporation operating or maintaining a locker plant;
(10)
"Quick or sharp freeze"
means the freezing of food in a room in which the temperature is zero or lower;
(11)
"Quick or sharp freezing room"
means that space in a locker plant in which food is quick or sharp frozen prior to storage in lockers;
(12)
"Quick or sharp frozen"
means the condition of food which has been thoroughly frozen in a quick or sharp freezing room;
(13)
"Temperature"
means degrees shown on Fahrenheit thermometer.
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(L. 1945 p. 940 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.455 - Annual license required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1949
196.455. Annual license required. —
It shall be unlawful for any person, firm, copartnership or corporation to operate a locker plant in this state unless such person, firm, copartnership or corporation has secured an annual license therefor from the department. A separate license shall be secured for each locker plant. The application for such license shall be in writing on forms prescribed and furnished by the department. A license issued for a locker shall be transferable upon written permission of the director.
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(L. 1945 p. 940 § 2, A. 1949 S.B. 1053)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.465 - Semiannual inspection of plants.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.465. Semiannual inspection of plants. —
Upon receipt of the application for a license accompanied by the required fee, the department shall inspect the plant to be licensed and if it finds that such plant complies with the provisions of law, the department shall issue such license. The persons designated by the department to make such inspection shall be persons having practical knowledge of the operation of cold storage plants and the storage of food therein, and shall be thoroughly familiar with the provisions of the law applicable to locker plants and the applicable rules and regulations of the department. The department shall inspect all locker plants licensed under sections 196.450 to 196.515 at least once each six months, and may make such additional inspections as the department deems necessary. The department and its representatives shall have access to locker plants at all reasonable times for the purpose of making inspections.
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(L. 1945 p. 940 § 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.470 - Form and expiration of license.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.470. Form and expiration of license. —
The license issued under sections 196.450 to 196.515 shall be in such form as the department may prescribe. Licenses shall expire December thirty-first following date of issue. All licenses must be conspicuously displayed by the licensee in locker plants.
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(L. 1945 p. 940 § 5)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.475 - Gas masks, alarm bell, and illumination required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.475. Gas masks, alarm bell, and illumination required. —
1. Any plant using a toxic gas refrigerant shall have at least one gas mask of a type approved by the department and shall keep the same where it will be readily accessible.
2. An alarm bell or buzzer provided with a suitable button shall be placed just inside the door of each locker room in a conspicuous place. Illumination shall be provided in the locker room at all times while open to the public, the switch operating same shall be accessible only to the operator.
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(L. 1945 p. 940 § 6)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.480 - Requirements before issuance of license.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.480. Requirements before issuance of license. —
No locker plant shall be licensed if located in insanitary, unclean or contaminating surroundings which might endanger public health, and all rooms and equipment of a locker plant shall at all times be maintained in a clean and sanitary condition consistent with the purpose for which such rooms and equipment are used. Locker plants shall have ample and sanitary water and toilet facilities. All employees handling food shall have an approved health certificate.
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(L. 1945 p. 940 § 7)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.485 - Temperature requirements and record.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.485. Temperature requirements and record. —
1. The refrigeration system for a locker plant shall be equipped with accurate and reliable controls for the automatic maintenance of uniform temperatures, provided this shall not apply to locker plants having constant temperature supervision.
2. Temperatures shall be maintained in the respective rooms as follows:
(1) Chill room, temperatures within two degrees plus or minus of thirty-seven degrees or lower with a tolerance of ten degrees for a reasonable time after fresh food is placed in the chill room;
(2) Quick or sharp freeze room quick or sharp freeze compartments: Temperatures of ten degrees below zero or lower in rooms where still air cooling is employed and temperatures of zero degrees or lower in rooms where forced air circulation is employed, with a tolerance of ten degrees for either type of installation for a reasonable time after putting fresh food into the freezer;
(3) Locker room, temperatures of zero degrees or lower, with a tolerance of five degrees above zero degrees.
3. The locker room shall be equipped with a self-registering, accurate recording thermometer. Chill room and sharp freeze room shall be equipped with an accurate, direct reading thermometer.
4. Thermometer charts shall be available for inspection at the locker plant by agents of the commission and shall be preserved for at least a period of one year from date of recording.
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(L. 1945 p. 940 § 8)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.490 - Food to be quick frozen before placed in locker.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.490. Food to be quick frozen before placed in locker. —
All food, before being placed in a locker shall be quick or sharp frozen in a quick or sharp freeze room, unless the locker room temperature is maintained at not more than the maximum temperature required by sections 196.450 to 196.515 for a quick or sharp freeze room. No food shall be placed in a locker unless previously inspected by the operator and each portion shall be wrapped and be marked or stamped showing contents, correct locker number and date of wrapping. All fruits and vegetables shall be prepared by an approved method before being quick or sharp frozen.
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(L. 1945 p. 940 § 9)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.495 - Record of name and address of user.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.495. Record of name and address of user. —
Every operator of a locker plant shall keep an accurate record of the name and address of the user of each locker.
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(L. 1945 p. 940 § 11)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.500 - Accurate and complete report of weight of food.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.500. Accurate and complete report of weight of food. —
If requested by the user, the locker plant operator shall supply the person delivering the carcass or parts of carcasses an accurate and complete report showing the carcass weight at time of delivery, and disposition of carcass, including the quantity used for sausage or other meat products. Likewise, the operator shall supply a complete and accurate record showing the weights and quantity of any fruits or vegetables received and the size and number of containers of finished products packed.
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(L. 1945 p. 940 § 12)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.505 - Designation of food not for human consumption.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.505. Designation of food not for human consumption. —
Any food not intended for human consumption, if acceptable by the operator for storage, may be stored in the chill room, sharp freeze room or locker room of any locker plant only when such items of animal or vegetable matter have been inspected and approved by the representatives of the Bureau of Animal Industry of the United States Department of Agriculture or a representative of the department of agriculture of this state. Such food not intended for human consumption also shall bear a label or tag showing plainly and conspicuously in letters not less than three-eighths of an inch in height the words:
"NOT FOR HUMAN CONSUMPTION."
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(L. 1945 p. 940 § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.510 - Operator to have lien on property for rentals — furnish content insurance.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.510. Operator to have lien on property for rentals — furnish content insurance. —
1. Every operator shall have a lien upon all property of every kind stored in the locker plant for all locker rentals, processing, handling, and other charges due from owner of such property; and the locker plant operator may enforce the lien by suit and shall have authority to prevent removal of food stored pending the outcome of suit to enforce said lien. Operators of locker plants shall not be construed to be warehousemen, nor shall receipts or other instruments issued by such persons in the operation contracts of their business be construed to be warehouse receipts or subject to the laws applicable thereto, nor shall the provisions of sections 196.450 to 196.515 apply to any warehouseman licensed under the provisions of chapter 415.
2. The operators of all locker plants shall furnish satisfactory locker content insurance to indemnify users against loss, issued by companies duly authorized and licensed to do and transact business in the state of Missouri, in a minimum amount for each locker or locker plant to be determined by the director; provided, however, that such operator may, and is hereby authorized to, collect the pro rata amount of the premium for such insurance from the user in addition to the locker rental as an additional service.
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(L. 1945 p. 940 § 14)
(1964) Renters of locker space could not maintain class action of all renters for value of food spoiled when refrigeration system failed where plaintiffs did not introduce the alleged policy whose proceeds were claimed to constitute a common fund, or plead or prove its terms and conditions, and where insurance company was not a party and denied liability on the policy. (Opinion in Barnard v. Murphy, 365 S.W.2d 614, reconsidered and withdrawn.) Barnard v. Murphy (Mo.), 378 S.W.2d 446.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.515 - Revocation of license — enforcement.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.515. Revocation of license — enforcement. —
1. Failure on the part of any locker plant operator to properly comply with the provisions of sections 196.450 to 196.515 shall authorize and empower the director to refuse to license or to revoke or suspend any license of the offending operator.
2. Injunction may issue by any court of competent jurisdiction to enforce the provisions hereof.
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(L. 1945 p. 940 § 16)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.520 - Short title.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981
196.520. Short title. —
Sections 196.520 to 196.610 shall be known as "The Missouri Manufacturing Milk and Dairy Market Testing Law".
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(RSMo 1939 § 14097, A.L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.527 - Purposes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.527. Purposes. —
It shall be the responsibility of the state milk board
*
to encourage orderly and sanitary production, transportation, processing and grading of manufactured milk and its products, to assure wholesome, stable, and high-quality dairy products; and to provide the basis for measuring, weighing and testing all milk, including grade "A" fluid milk and manufacturing milk, to determine its value at first point of sale.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.530 - Standards to be maintained.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981
196.530. Standards to be maintained. —
The standards of quality and purity associated with healthful and wholesome milk and dairy products shall be maintained for manufactured dairy products. All regulations adopted shall be equal or superior to those of the United States Department of Agriculture, "Milk for Manufacturing Purposes and Its Production and Processing Recommended Requirements", as published in the Federal Register of April 7, 1972, Volume 37, Number 68, Part II, or the latest revision thereof.
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(RSMo 1939 § 14099, A.L. 1945 p. 83, A.L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.540 - Administration by state milk board — rules, promulgation — exempt products.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1995, 2 histories
196.540. Administration by state milk board — rules, promulgation — exempt products. —
1. The state milk board
*
shall administer the provisions of sections 196.520 to 196.610, and is hereby authorized to:
(1) Promulgate those regulations necessary to fulfill the intent of sections 196.520 to 196.610 as related to the production, transportation, grading, use and processing of manufacturing milk; to the packaging, labeling and storage of dairy products made therefrom; and to the measuring, weighing, sampling and testing of all milk, grade "A" fluid milk and manufacturing milk, at first point of sale; provided, such regulations are promulgated according to the provisions of this section and chapter 536;
(2) Inspect manufacturing dairy farms and dairy manufacturing plants;
(3) Certify dairy farms for the production and sale of manufacturing milk;
(4) License dairy manufacturing plants to handle and process manufacturing milk in conformity with basic requirements and specifications prescribed by such regulations as may be issued hereunder in effectuation of the intent hereof;
(5) Inspect and license laboratories involved in market testing of milk at first point of sale;
(6) Require the keeping of appropriate books and records by plants, farms, and laboratories licensed hereunder; and
(7) License qualified milk graders, fieldmen, and bulk milk truck operators.
2. No rule or portion of a rule promulgated under the authority of sections 196.520 to 196.614 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
3. Exempt from the provisions of sections 196.520 to 196.610 shall be ice cream and frozen desserts which are under the authority of the department of health and senior services, which administers sections 196.851 to 196.918
**
; and grade "A" fluid milk products, which are under the authority of the state milk board pursuant to sections 196.931 to 196.959.
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(L. 1981 H.B. 52, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
**Section 196.918 was repealed by S.B. 707 § 1, 1980.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.542 - Fees for licenses.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981
196.542. Fees for licenses. —
The state milk board
*
shall establish the fees for all licenses by regulation promulgated in accordance with chapter 536.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.545 - Unlawful sale of dairy products.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981
196.545. Unlawful sale of dairy products. —
It shall be unlawful to sell, offer or expose for sale, or deliver manufacturing milk or any dairy products made from manufacturing milk which:
(1) Are produced by animals afflicted with a contagious or infectious disease deleterious to man or detrimental to milk quality;
(2) Are not colostrum free or which have been taken from a cow fed or in contact with any substance that is unhealthful or that may produce unhealthful, impure or unwholesome milk;
(3) Are adulterated by the addition of any unauthorized substance including water or other material foreign to milk;
(4) Have been handled by any person afflicted with an infectious or contagious disease; or
(5) Are produced in unhealthy or unsanitary surroundings or held in unclean or unsanitary containers.
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(RSMo 1939 § 14102, A.L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.550 - Grading of products — right to protest accuracy, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.550. Grading of products — right to protest accuracy, procedure. —
Whenever milk or cream, whether it be grade "A" fluid or of manufacturing grade, is bought or sold, market tests conforming to sampling and testing procedures as prescribed by the most recent edition of the "Official Methods of Analysis of the Association of Official Analytical Chemists" and the "Standard Method for the Examination of Dairy Products" shall be used to determine the desired component content. It shall be unlawful for any person to manipulate, underread, or overread the test, or any other contrivance for determining the quality or value of milk or cream, or to falsify or fail to keep the record thereof, or to pay for such milk or cream on other than the true measurement, grade, weight and test; provided that, any person selling milk or cream who is dissatisfied with the grade or test designated for his milk or cream shall be entitled to receive pay for such milk or cream on the grade or test as made and reported to him without waiving his right to protest the accuracy thereof. Such seller shall have the right to have his milk or cream officially graded or tested under a procedure whereby he and the buyer thereof jointly take a sample of such milk or cream and submit such sample to an appropriate laboratory chosen by the director. The results of the test conducted shall be final and either the buyer or the seller shall be entitled to receive any financial adjustment due him on the basis of the test made as provided in this section.
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(L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.555 - The state milk board's right of access.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.555. The state milk board's right of access. —
The state milk board
*
shall have access to all dairy farms producing manufacturing milk, dairy manufacturing plants and dairy receiving stations; to all equipment; and to all vehicular conveyances used in the production, transportation and manufacture of milk and its products when offered, exposed for sale or sold; and to locations where market sampling, measuring, weighing, or testing is done for the first point of sale.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.560 - Records of purchases and sales.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.560. Records of purchases and sales. —
Persons engaged in the purchase and sale of milk for manufacturing and processing shall keep receipts of sale and records of all such purchases of milk and cream for a period of at least one year. Records of such purchases shall include date received, weight, results of all tests to determine value or grade, and price paid. The state milk board
*
shall have access to these records all of which shall be kept confidential as to individual items or totals of an individual person or plant.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.565 - The state milk board may take samples.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.565. The state milk board may take samples. —
The state milk board
*
may, for the purpose of examination or testing for the enforcement of this law, procure at any time samples of milk or its products whether produced within this state or shipped into and offered, exposed for sale or sold in the state. Any samples taken shall be carefully sealed and labeled with the name, or brand name; the name and address of the owner from whose stock it was taken; the date and place where the sample was obtained; and bear the signature of the person taking the sample. Upon request a duplicate sample sealed and labeled in the same manner shall be delivered to the owner or owner's representative.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.570 - Condemnation of illegal dairy products.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.570. Condemnation of illegal dairy products. —
The state milk board
*
or its agent is authorized to condemn any illegal manufactured dairy product as defined in section 196.545, which is offered, exposed for sale, or sold for human food purposes, and shall identify same as an unlawful product. It shall be unlawful to remove or deface any identification placed upon the container of a condemned milk supply or upon a condemned product. A harmless food coloring may be used to identify a supply of illegal milk.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.575 - Unidentified products subject to seizure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.575. Unidentified products subject to seizure. —
Any articles found in the possession of any person which are not identified as to the name and address of the manufacturer, the name of the product, and the list of ingredients, as required for specific product identity, may be seized and held until properly graded and labeled.
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(L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.580 - Confiscated products released to owner, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.580. Confiscated products released to owner, when. —
Any condemned or seized milk or dairy products shall be released to the owner upon determination of satisfactory grade and identification, upon assurance that such products will not be used for human food, or upon their destruction by the owner under the supervision of the director.
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(L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.585 - Inspection, interference prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.585. Inspection, interference prohibited. —
It is unlawful for any person to hinder, obstruct or in any manner interfere with the state milk board
*
in the performance of inspection or any other duty under sections 196.520 to 196.610.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.590 - Suspension or revocation of licenses.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.590. Suspension or revocation of licenses. —
The state milk board
*
may for good cause, after notice and opportunity for hearing in accordance with the provisions of chapter 536, suspend or revoke certifications and licenses issued hereunder; provided, that nothing in sections 196.520 to 196.610 shall be construed to prevent the temporary suspension of the operation of any production or manufacturing facility prior to a hearing when such action is necessary to stop the production, distribution, purchase or sale of illegal milk or illegal dairy products.
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(L. 1981 H.B. 52)
*See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.595 - Substandard products, sale or production prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.595. Substandard products, sale or production prohibited. —
Beginning September 28, 1981, no person shall produce, sell, offer for sale or process milk or cream for the manufacture of human food except in accordance with the provisions of sections 196.520 to 196.610 and the regulations promulgated hereunder.
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(L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.610 - Penalty for violation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1981, 2 histories
196.610. Penalty for violation. —
1. Any person who violates any provision of sections 196.520 to 196.610 shall, upon conviction, be guilty of an infraction.
2. Any person who knowingly violates any provision of sections 196.520 to 196.610 shall, upon conviction, be guilty of a class A misdemeanor.
3. Nothing in sections 196.520 to 196.610 shall be so construed as to prohibit any dairy farmer who holds a valid permit at the inception of sections 196.520 to 196.610 to produce and sell manufactured grade milk.
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(L. 1981 H.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.612 - Contract with the United States Department of Agriculture to inspect plants and grade products.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1985
196.612. Contract with the United States Department of Agriculture to inspect plants and grade products. —
The state milk board may contract with the United States Department of Agriculture regarding the inspection of manufacturing milk plants, the grading of product, or both. Fees paid to the board from the department for inspection or grading services are to be set forth by contractual agreement and paid according to the board's performance of the required inspections as stipulated by the Federal Register guidelines.
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(L. 1985 H.B. 291 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.614 - State contracted manufacturing dairy plant inspection and grading fee fund — purpose — interest — unexpended balance, transfer to general revenue prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1985
196.614. State contracted manufacturing dairy plant inspection and grading fee fund — purpose — interest — unexpended balance, transfer to general revenue prohibited. —
1. All moneys received by the state milk board from the United States Department of Agriculture for contracted manufacturing dairy plant inspection or grading shall be deposited in the state treasury and credited to the "State Contracted Manufacturing Dairy Plant Inspection and Grading Fee Fund", which is hereby established, subject to appropriations by the general assembly. Amounts appropriated to the fund shall be paid to the state milk board and used exclusively for the purpose of defraying the cost of the contracted manufacturing milk inspection and grading program. All interest generated by the fund shall be credited to the fund.
2. Notwithstanding the provisions of section 33.080 to the contrary, any unexpended balance remaining in the fund shall not be transferred or placed to the credit of the ordinary revenue fund of the state by the state treasurer at the end of each biennium.
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(L. 1985 H.B. 291 §§ 2, 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.695 - Filled milk defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.695. Filled milk defined. —
The term
"filled milk"
means any milk, cream or skim milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream or skim milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, which has been melted or refined by heating, boiling or mixing; provided, that the above definition shall not include any distinctive proprietary food compound, not readily mistaken in tests for milk or cream, or for evaporated, condensed or powdered milk or cream; provided, however, that such compound is prepared and designed for feeding infants and young children and customarily used on the order of a physician; is packed in individual cans containing not more than sixteen and one-half ounces and bearing the label in bold type, that the contents are to be used only for said purposes; is shipped in interstate or foreign commerce exclusively to physicians, wholesale or retail druggists, orphan asylums, child welfare associations, hospitals and similar institutions and generally distributed by them.
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(RSMo 1939 § 14062)
Prior revision: 1929 § 12409
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.700 - Emulsified cream defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.700. Emulsified cream defined. —
The term
"emulsified cream"
means any milk, cream or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, to which has been added that which is commonly known as process butter, or butter which has been clarified or refined by heating, boiling or by mixing under pressure, or otherwise, so that the resulting product is in imitation or semblance of pure cream arising from pure fresh milk.
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(RSMo 1939 § 14063)
Prior revision: 1929 § 12410
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.705 - Fat or oil other than milk fat prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.705. Fat or oil other than milk fat prohibited. —
It shall be unlawful for any person, firm or corporation, by himself or itself, his or its agent or servant, or as the servant or as agent of another to manufacture, sell or exchange, or have in possession with the intent to sell or exchange, any milk, cream, emulsified cream, skim milk, buttermilk, condensed or evaporated milk, powdered milk, condensed skim milk, or any of the fluid derivatives thereof, or any of them, to which has been added any fat or oil other than milk fat, either under the name of said product or articles or the derivatives thereof, or under any fictitious or trade name whatsoever.
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(RSMo 1939 § 14061)
Prior revision: 1929 § 12408
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.710 - Emulsified cream and filled milk prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.710. Emulsified cream and filled milk prohibited. —
It shall be unlawful to use the article known as emulsified cream in milk, or in any milk product, or any purpose whatsoever. It is hereby declared that filled milk, and emulsified cream as herein defined, are adulterated articles of food injurious to the public health and its sale constitutes a fraud upon the public. It shall be unlawful for any person, firm or corporation to manufacture or ship or deliver to any person within this state any filled milk or emulsified cream.
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(RSMo 1939 § 14064)
Prior revision: 1929 § 12411
(1940) This section forbids sale of filled milk only if the resulting product is in imitation or semblance of milk, cream or skim milk. Thus wholesome and nutritious product under label stating nature of product and that it is "not to be sold for evaporated milk" may be sold without violating this section. State ex rel. McKittrick v. Carolene Products Co., 346 Mo. 1049, 144 S.W.2d 153.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.715 - Penalty for violation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1945
196.715. Penalty for violation. —
Any person violating any provision of sections 196.695 to 196.710 shall be deemed guilty of a misdemeanor. When construing and enforcing the provisions of sections 196.695 to 196.710, the act, omission, or failure of any person acting for or employed by any individual, partnership or corporation, or association, within the scope of his employment or office, shall in every case be deemed the violation of sections 196.695 to 196.710, by such individual, partnership, corporation, or association, as well as the act of such person.
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(RSMo 1939 § 14065, A.L. 1945 p. 98)
Prior revision: 1929 § 12412
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.735 - Labeling of cheese.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.735. Labeling of cheese. —
No person or persons, corporation, company or other association or congregation of individuals shall manufacture, sell or offer for sale, directly or indirectly, at retail or at wholesale in this state any article to be known or denominated cheese, not made from pure cream or unskimmed milk or cream of the milk, unless such person, or persons, corporation, company or association of individuals manufacturing the same, or offering the same for sale, or selling the same, shall brand or label such cheese or articles so offered for sale denominated a cheese, with black letters not less than one inch in length in a conspicuous place and of large size in the English language as follows: "Skimmed milk cheese", or with the words "not full cream cheese", giving the true name of such article called cheese so manufactured or offered for sale, clearly and indelibly branded, marked or labeled thereon, so that the same can be distinctly read and fully comprehended, at all stores or places or factories where the same may be offered for sale.
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(RSMo 1939 § 14069)
Prior revisions: 1929 § 12418; 1919 § 11989; 1909 § 643
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.740 - Labeling for shipments of skimmed milk.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.740. Labeling for shipments of skimmed milk. —
No person by himself or another shall ship, consign or forward by any common carrier, whether public or private, any substance designed to be used as cheese, not made from pure, unskimmed milk or cream of the same, testing at least three percent butterfat, unless such cheese is marked or labeled "skimmed milk cheese", or with the words "not full cream cheese", labeled thereon, or labeled as prescribed in sections 196.695 to 196.845.
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(RSMo 1939 § 14070)
Prior revisions: 1929 § 12420; 1919 § 11991; 1909 § 646
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.815 - Receptacles defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1949
196.815. Receptacles defined. —
As used in sections 196.820 to 196.830, the term
"receptacle"
shall include not only bottles, siphons, tins, kegs, barrels of all sizes, boxes, ice cream cabinets, cans and tubs, but all other receptacles used for holding any of the commodities named in said sections.
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(RSMo 1939 § 14093, A. 1949 S.B. 1053)
Prior revisions: 1929 § 12454; 1919 § 12025
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.820 - Receptacles kept clean.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.820. Receptacles kept clean. —
Every person delivering milk, cream or ice cream to creameries, cheese factories, common carriers, or any person, persons, copartnership, association or corporation, in cans, bottles or other vessels, shall have such cans, bottles or other vessels free from deleterious substance, filth or rust, and in a wholesome condition for containing such milk, cream or ice cream.
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(RSMo 1939 § 14085)
Prior revisions: 1929 § 12446; 1919 § 12017
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.825 - Return of shipping containers.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.825. Return of shipping containers. —
Every person receiving milk, cream or ice cream from a common carrier in cans, bottles or other vessels which are to be returned to the shipper shall cause such vessels to be promptly emptied, cleansed and delivered to the common carrier to be returned to the shipper, and it shall be the duty of such common carrier receiving the same to have said cans, bottles or other vessels in transit within not to exceed twenty-four hours after receiving the same.
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(RSMo 1939 § 14086)
Prior revisions: 1929 § 12447; 1919 § 12018
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.830 - Receptacle cleaned and returned to distributor.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.830. Receptacle cleaned and returned to distributor. —
Every person receiving milk, cream or ice cream from a manufacturer or distributor of the same in cans, bottles or other vessels which are to be returned to the manufacturer or distributor, shall cause such vessels, after being emptied, to be promptly cleansed and returned.
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(RSMo 1939 § 14087)
Prior revisions: 1929 § 12448; 1919 § 12019
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.835 - Penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1949
196.835. Penalty. —
Any person offending against any provision of sections 196.820 to 196.830 shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, and each receptacle unlawfully dealt with as herein provided shall be deemed and held to constitute a separate offense.
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(RSMo 1939 § 14092, A. 1949 S.B. 1053)
Prior revisions: 1929 § 12453; 1919 § 12024
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.840 - Examination and tuberculin test of cattle, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.840. Examination and tuberculin test of cattle, when. —
No person, firm or corporation owning, or in charge of, any herd of cattle containing five head of cows or more, after January 1, 1922, shall sell, offer for sale, give away, or deliver any milk, cream, butter, or buttermilk from any of the cows of such herd, unless all the herd of cattle containing such five head of cows or more, owned by, or in possession of, such person, firm or corporation have been duly inspected and tested and found free from tuberculosis and other communicable diseases, as determined by a physical examination and the tuberculin test by an official, duly authorized by this state or by the federal government; provided, that said examination and tuberculin test shall incur no expense whatever to the owner of said herd.
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(RSMo 1939 § 14095)
Prior revision: 1929 § 12456
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.845 - Violation a misdemeanor.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1939
196.845. Violation a misdemeanor. —
Any person, firm or corporation, who violates any of the provisions of section 196.840 shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 14096)
Prior revision: 1929 § 12457
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.851 - Applicability — purpose of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1980
196.851. Applicability — purpose of law. —
The provisions of sections 196.851 to 196.895 shall apply to all ice cream and related frozen food products defined in section 196.856; and the purpose of sections 196.851 to 196.895 is declared to be to secure the wholesomeness and purity of such products, and to prevent confusion, fraud and deception in connection with their manufacture and sale and to make unlawful the misbranding and adulteration of such products.
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(L. 1955 p. 708 § 196.850, A.L. 1980 S.B. 707)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.872 - Rules and regulations for minimum sanitation to be established, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1995
196.872. Rules and regulations for minimum sanitation to be established, procedure. —
The department of health and senior services shall promulgate rules, pursuant to the provisions of this section and chapter 536, setting forth the minimum sanitation requirements of manufacturing ice cream or other related frozen food products. No person, firm, association or corporation shall manufacture ice cream or other related frozen food products defined in sections 196.851 to 196.895 in any room or other place that is not maintained in compliance with these rules as determined by the director of the department of health and senior services or his agents. No rule or portion of a rule promulgated under the authority of sections 196.851 to 196.895 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1980 S.B. 707, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.881 - Samples for analysis to be furnished the department of health and senior services, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1980
196.881. Samples for analysis to be furnished the department of health and senior services, when. —
It shall be the duty of every person, firm, company, copartnership, or corporation to whom sections 196.851 to 196.895 apply, at the request of the director of the department of health and senior services or his agents, to furnish such samples of manufactured products defined in section 196.856, as said director may require for purpose of analysis.
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(L. 1955 p. 708 § 196.885, A.L. 1980 S.B. 707)