reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.195 - Director may make rules, may adopt definitions — rulemaking, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 01 Jan 1998, see footnote
266.195. Director may make rules, may adopt definitions — rulemaking, procedure. —
1. The director is authorized to promulgate such rules for commercial feeds, pet foods and specialty pet foods as are specifically authorized in sections 266.152 to 266.220 and such other reasonable rules as may be necessary for the efficient enforcement of sections 266.152 to 266.220. In the interest of uniformity the director shall by rule adopt, unless the director determines that they are inconsistent with the provisions of sections 266.152 to 266.220 or are not appropriate to conditions which exist in this state, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(2) Any rule promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act at 21 U.S.C. Section 301 et seq., provided that the director has the authority pursuant to sections 266.152 to 266.220 to promulgate such rules.
2. Before the issuance, amendment, or repeal of any rule authorized by sections 266.152 to 266.220, the director shall publish the proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to give interested parties, including all current licensees, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule. The provisions of this subsection notwithstanding, if the director, pursuant to the authority of sections 266.152 to 266.220, adopts official definitions of feed ingredients, or official feed terms as adopted by the Association of American Feed Control Officials, or rules promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under sections 266.152 to 266.220 without regard to the publication of the notice required by this subsection, unless the director, by order, specifically determines that the amendment or modification shall not be adopted. No rule or portion of a rule promulgated under the authority of sections 266.152 to 266.220 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
­­--------
(L. 1972 S.B. 506 § 11, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 211)
Effective 1-01-98
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.205 - Withdrawal from distribution order, when — seizure, procedure for — disposal of feed, how made.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 01 Jan 1998, see footnote
266.205. Withdrawal from distribution order, when — seizure, procedure for — disposal of feed, how made. —
1. When the director or the director's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of sections 266.152 to 266.220 or of any of the prescribed rules under sections 266.152 to 266.220, the director may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or the court. The director shall release the lot of commercial feed so withdrawn when said provisions and rules have been complied with. If compliance is not obtained within thirty days, the director may begin, or upon request of the distributor or licensee shall begin, proceedings for condemnation.
2. Any lot of commercial feed not in compliance with said provisions and rules shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the commercial feed to be in violation of sections 266.152 to 266.220 and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state, but in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with sections 266.152 to 266.220.
­­--------
(L. 1972 S.B. 506 § 13, A.L. 1997 H.B. 211)
Effective 1-01-98
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.210 - Penalties, appeals, how taken.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 01 Jan 1998, 2 histories, see footnote
266.210. Penalties, appeals, how taken. —
1. Any person who knowingly or recklessly violates any of the provisions of sections 266.152 to 266.220 is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.
2. Nothing in sections 266.152 to 266.220 shall be construed as requiring the director or the director's representative to:
(1) Report for prosecution; or
(2) To institute seizure proceedings; or
(3) Issue a withdrawal from distribution order, as a result of minor violations of sections 266.152 to 266.220, or when the director believes the public interest will best be served by suitable notice of warning in writing.
3. The director may report any violation of the provisions of sections 266.152 to 266.220 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on the request of the director, the attorney general shall so act; however no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or the director's duly authorized agent, to introduce evidence either in person or by agent or attorney at an informal hearing. If, after such hearing, or without such hearing in case the defendant or the defendant's agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, the director shall proceed as herein provided.
4. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of sections 266.152 to 266.220 or any rule or regulation promulgated under sections 266.152 to 266.220 notwithstanding the existence of other remedies at law.
5. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of sections 266.152 to 266.220 may appeal the same according to the procedures established by chapter 536.
6. Any person who uses to such person's own advantage, or reveals to other than the director or officers of the department of agriculture or to the courts when relevant in any judicial proceedings, any information acquired under the authority of sections 266.152 to 266.220, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor, but this prohibition shall not be deemed as prohibiting the director or his duly authorized agents from exchanging information of a regulatory nature with duly appointed officials of the United States, or of other states, who are similarly prohibited by law from revealing this information.
­­--------
(L. 1972 S.B. 506 § 14, A.L. 1997 H.B. 211)
Effective 1-01-98
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.215 - Cooperation authorized, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 01 Jan 1973, see footnote
266.215. Cooperation authorized, when. —
The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of sections 266.152 to 266.220.
­­--------
(L. 1972 S.B. 506 § 15)
Effective 1-01-73
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.220 - Annual report by director required.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 01 Jan 1998, 2 histories, see footnote
266.220. Annual report by director required. —
The director shall publish at least annually, in such forms as the director may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as the director may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed on the label, but the information concerning production and use of commercial feeds shall not disclose the operations of any person. The report shall be provided free of charge to all distributors listed in the report and all feed dealers and others who request the report.
­­--------
(L. 1972 S.B. 506 § 16, A.L. 1997 H.B. 211)
Effective 1-01-98
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.291 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1997
266.291. Definitions. —
The following words, terms, and phrases, when used in sections 266.291 to 266.351 have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1)
"Director"
means the director of the Missouri agricultural experiment station at Columbia, Missouri;
(2)
"Distributor"
means any person who imports, consigns, manufactures, produces or compounds fertilizer, or offers for sale, sells, barters, or otherwise supplies fertilizers for consumption or use in this state; provided that this term shall not apply to any person who purchases fertilizer from a distributor registered under sections 266.291 to 266.351 and which fertilizer has been once sold in compliance with sections 266.291 to 266.351;
(3)
"Essential plant nutrient"
includes any element recognized as being directly required by any plant to complete its life cycle;
(4)
"Fertilizer"
includes any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and is claimed to contain one or more essential plant nutrients. The term "fertilizer" does not include unmanipulated animal and vegetable manure and agricultural liming materials used to reduce soil acidity;
(5)
"Person"
includes individuals, partnerships, associations, firms, corporations, estates, trusts, receivers, or trustees appointed by any state or federal court;
(6)
"Sale"
,
"sold"
, and
"sells"
include exchanges and consignments for sale and means any transfer or barter;
(7)
"Variable rate technology"
means the method of applying two or more fertilizer materials which are blended at variable rates by a spreading vehicle or device during the application process.
­­--------
(L. 1953 p. 9 § 266.290, A.L. 1985 S.B. 65, A.L. 1997 S.B. 179)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.301 - Permit required to sell fertilizer — application.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 2016, 2 histories
266.301. Permit required to sell fertilizer — application. —
It shall be unlawful for any distributor to sell, offer for sale or expose for sale for consumption or use in this state any fertilizer without first securing a permit from the fertilizer control board. Such permit shall expire on the thirtieth day of June of each year. Application for such permit shall be on forms furnished by the fertilizer control board.
­­--------
(L. 1953 p. 9 § 266.300, A.L. 2016 S.B. 655)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.311 - Sale of misbranded fertilizer prohibited.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 2016, 2 histories
266.311. Sale of misbranded fertilizer prohibited. —
It shall be unlawful for any person to sell, offer for sale or expose for sale any fertilizer for use or consumption in this state which is misbranded. Any fertilizer shall be deemed to be misbranded if it fails to carry the printed statement required under section 266.321, or if the chemical composition of such fertilizer does not meet the guarantee expressed on said statement within allowable tolerances fixed by the fertilizer control board, or if the container for such fertilizer or any statement accompanying the same carries any false or misleading statement, or if false or misleading statements concerning its agricultural value are made on any advertising matter accompanying or associated with such fertilizer.
­­--------
(L. 1953 p. 9 § 266.330, A.L. 2016 S.B. 655)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.321 - Information required on containers.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1997
266.321. Information required on containers. —
1. Each container of fertilizer sold, offered for sale or exposed for sale for consumption or use within this state shall bear thereon or have attached thereto in a conspicuous place a plainly written statement in the English language giving the following information:
(1) The name, brand or trademark under which the fertilizer is sold;
(2) The name and address of the person guaranteeing the fertilizer;
(3) Net weight;
(4) The guaranteed chemical composition by weight of the fertilizer, expressed in the following terms:
(a) Percent of total nitrogen (N),
(b) Percent of available phosphate (P2O5),
(c) Percent of soluble potash (K2O).
­­Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available phosphate, and the degree of fineness as expressed in percentage passing through standard mesh sieves. In the case of bone, tankage, and other natural organic phosphate materials, only total phosphate must be guaranteed. If any fertilizer is sold, offered for sale, or exposed for sale in bulk, such plainly written statement herein required shall accompany each lot and parcel of such fertilizer.
2. A fertilizer formulated according to specifications furnished by or for a consumer prior to mixing and intended to be applied using variable rate technology shall be accompanied by a plainly written statement which shows the guaranteed analysis and net weight of each material used in the formulation and the name and address of the distributor and the consumer.
­­--------
(L. 1953 p. 9 § 266.310, A.L. 1985 S.B. 65, A.L. 1997 S.B. 179)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.331 - Sales to be reported — fees.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 2016, 2 histories
266.331. Sales to be reported — fees. —
Every distributor shall, within thirty days after each six-months' period ending June thirtieth and December thirty-first, file with the fertilizer control board on forms supplied by the fertilizer control board a sworn certificate setting forth the information required by rule. At the time of filing said certificate, each distributor of fertilizer, excluding manipulated animal or vegetable manure, shall pay to the director the fee prescribed by rule, which fee shall not exceed one dollar per ton and one dollar ten cents per metric ton; except that, sales to fertilizer manufacturers or exchanges between them are hereby exempted. Each distributor of fertilizer consisting of manipulated animal or vegetable manure shall pay to the director a fee paid for each ton of manure as prescribed by rule, which fee shall not exceed two cents for each percent nitrogen for manure containing less than five percent nitrogen; or which fee shall not exceed four cents for each percent nitrogen for manure containing at least five but less than ten percent nitrogen; or which fee shall not exceed six cents for each percent nitrogen for manure containing ten or more percent nitrogen. In the event that the fertilizer control board has not prescribed a fee under this section, each distributor required to pay a fee under this section shall pay a fee of one and one-half cents for each one hundred pounds of fertilizer sold during the period covered by the certificate filed under this section. The director is hereby authorized to collect fees and hold all fees in a separate fund that shall be utilized by the fertilizer control board to administer sections 266.291 to 266.351.
­­--------
(L. 1953 p. 9 § 266.320, A.L. 1959 H.B. 236, A.L. 1985 S.B. 65, A.L. 2009 H.B. 734, A.L. 2016 S.B. 655)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.343 - Penalties for deficiency in fertilizer.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 2016, 2 histories
266.343. Penalties for deficiency in fertilizer. —
If any fertilizer offered for sale in this state shall upon official analysis prove deficient from its guarantee as stated on the bag or other container, penalties shall be assessed as follows:
(1) For a single ingredient fertilizer containing nitrogen or available phosphate or soluble potash:
(a) When the value of this ingredient is found to be deficient from the guarantee to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency;
(b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage;
(2) For multiple ingredient fertilizers containing two or more of the single ingredients: nitrogen or available phosphate or soluble potash, penalties shall be assessed according to (a), (b) or (c) as herein stated. When a multiple ingredient fertilizer is subject to a penalty under (a), (b) and (c) only the larger penalty shall be assessed.
(a) When the total combined values of the nitrogen or available phosphate or soluble potash is found to be deficient to the extent of three percent and not over five percent, the distributor shall be liable for the actual deficiency in total value.
(b) When the deficiency exceeds five percent of the total value, the penalty shall be three times the actual value of the shortage.
(c) When either the nitrogen, available phosphate or soluble potash value is found deficient from the guarantee to the extent of ten percent up to the maximum of two units (two percent plant food), the distributors shall be liable for the value of such shortages;
(3) Total penalties assessed upon a distributor shall not exceed five thousand dollars per calendar year or the amount of the current value of the plant food deficiency, whichever is greater. A distributor who knowingly violates the provisions of sections 266.291 to 266.351 shall be assessed a penalty of not more than twenty-five thousand dollars for each offense.
­­--------
(L. 1959 H.B. 236 § 266.345, A.L. 1997 S.B. 179, A.L. 2016 S.B. 655)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.347 - Penalties payable to purchaser or director, collection procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 2016, 2 histories
266.347. Penalties payable to purchaser or director, collection procedure. —
1. The penalties assessed under section 266.343 shall be paid by the distributor to the purchaser of such fertilizer, and in the event such purchaser cannot be ascertained, then said penalty shall be paid to the director under section 266.331 and shall be used in accordance with the provisions of such section.
2. Where the preliminary analysis shows that a fertilizer has a potential plant food deficiency, the distributor shall be provided preliminary notification within two business days by telephone or email in addition to a notification letter delivered by mail. Once the analysis is certified, a written certification of penalties assessed under section 266.343 shall be mailed to the distributor liable for the penalty.
3. Any decision, finding, order or ruling of the fertilizer control board made pursuant to the provisions of sections 266.291 through 266.351 shall be subject to judicial review in the manner provided by chapter 536.
4. If any distributor shall fail to pay any penalty assessed after the time for judicial review has expired, or after any judgment or decree approving such assessment has become final, the person entitled to such penalty under the provisions of subsection 1 shall be entitled to bring a civil action to recover the same, and in such civil action such persons shall be entitled to recover from the distributor the amount of the penalty, a reasonable attorney's fee and costs of the action.
­­--------
(L. 1959 H.B. 236 § 266.350, A.L. 2016 S.B. 655)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.351 - Violation a misdemeanor.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1959
266.351. Violation a misdemeanor. —
In addition to the civil penalties provided herein, each violation of any provision of sections 266.291 to 266.351 shall be deemed a misdemeanor.
­­--------
(L. 1953 p. 9 § 266.350, A.L. 1959 H.B. 236 § 266.355)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.353 - Liquid fertilizer solution pipeline companies to be public utilities — right to exercise eminent domain, approval procedure — limitations.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
Effective - 28 Aug 1983
266.353. Liquid fertilizer solution pipeline companies to be public utilities — right to exercise eminent domain, approval procedure — limitations. —
1. Liquid fertilizer solution pipeline companies referred to in section 523.010 shall be public utilities as defined under section 386.020.
2. The right to exercise the power of eminent domain granted, in accordance with section 523.010, to any person, corporation, or association for the construction of a pipeline for transporting or carrying liquid fertilizer solutions, shall not be exercised by such person, corporation, or association until the plans of the project, for which the exercise of the power of eminent domain is proposed, shall first have been submitted to and approved by the director of the department of natural resources. The director shall review such plans and determine the effect such project, if pursued, would have on the environment, including recommendations for changes or alterations, if any, that would be required before such project would be approved. Failure of the director to approve or disapprove the plans so submitted within sixty days after submission shall be deemed approval and the power of eminent domain may thereupon be exercised for such project. In the event the director fails to approve the plans, the person, corporation, or association submitting the plans shall have the right to appeal such decision to the circuit court of Cole County or the circuit court of any county through which the pipeline is to be constructed. In the event the director approves the plans, any landowner of property over which the pipeline is to be laid shall have the right to appeal such decision to the circuit court of Cole County or the circuit court in any county through
*
which the pipeline is to be constructed.
3. This act shall apply only to carriers providing fertilizers to Missouri consumers from points located in Missouri.
­­--------
(L. 1983 S.B. 144 § 2, subsecs. 1, 2, 3)
*Word "through" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.361 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1965
266.361. Definitions. —
As used in sections 266.361 to 266.400, the following words and terms shall be defined as indicated:
(1)
"Person"
includes individuals, partnerships, associations, firms, corporations, estates, trusts, trustees, or receivers.
(2)
"Soil conditioner"
means any substance added to the soil or applied to plants other than fertilizers regulated under the provisions of sections 266.291 to 266.351, economic poisons registered under the provisions of sections 263.270 to 263.380 and any substance which is sold to the consumer at a price of less than ten dollars per ton.
­­--------
(L. 1965 p. 394 § 1)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.371 - Sale of injurious or deleterious substance unlawful.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1965
266.371. Sale of injurious or deleterious substance unlawful. —
It shall be unlawful for any person to sell, offer for sale, or expose for sale any soil conditioner in this state containing any substance that is injurious to crop growth or deleterious to the soil.
­­--------
(L. 1965 p. 394 § 2)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.380 - False or misleading statements unlawful.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1965
266.380. False or misleading statements unlawful. —
It shall be unlawful for any person selling, offering for sale or exposing for sale any soil conditioner in this state to make false or misleading statements concerning the beneficial effect of such soil conditioner on soil, plants, or human nutrition.
­­--------
(L. 1965 p. 394 § 3)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.390 - Penalties for violations — prosecutor to enforce.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1965
266.390. Penalties for violations — prosecutor to enforce. —
Any person violating sections 266.361 to 266.400 shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than one year, or be subject to both such fine and imprisonment. It shall be the duty of any prosecuting attorney to whom any violation of sections 266.361 to 266.400 is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
­­--------
(L. 1965 p. 394 § 4)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.400 - Violations may be enjoined.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 02 Jan 1979, see footnote
266.400. Violations may be enjoined. —
The director of the department of agriculture of this state is hereby authorized to apply for, through the attorney general of this state, and the circuit courts of this state are hereby authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate sections 266.361 to 266.400, notwithstanding the existence of other remedies at law, said injunction to be issued without bond.
­­--------
(L. 1965 p. 394 § 5, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.410 - Garbage defined.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1953
266.410. Garbage defined. —
As used in sections 266.410 to 266.460,
"garbage"
shall mean all refuse matter, animal or vegetable, and shall include all waste material, by-products of a kitchen, restaurant, or slaughterhouse, every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise.
­­--------
(L. 1953 p. 6 § 1)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.420 - Untreated garbage not to be fed, exception.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1953
266.420. Untreated garbage not to be fed, exception. —
No person, other than an individual who feeds to his own swine only the garbage obtained from his own household, shall feed garbage to swine unless such garbage has been heated to a temperature of 212 degrees Fahrenheit (boiling point) and fed in compliance with rules and regulations promulgated by and under permits issued by the state department of agriculture.
­­--------
(L. 1953 p. 6 § 2)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.430 - Permit required for feeding garbage — fee — issuance of permit.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1953
266.430. Permit required for feeding garbage — fee — issuance of permit. —
1. Prior to the feeding of garbage, other than garbage obtained from his own household, to any swine located in the state of Missouri, the owner or feeder, as the case may be, shall first obtain an annual permit from the department of agriculture of Missouri, for which he shall pay an annual fee of twenty-five dollars, which shall be deposited in the "Agriculture Fees" fund and to be used for the enforcement of sections 266.410 to 266.460.
2. The applicant for a garbage feeding permit shall certify in an application that he has facilities for cooking garbage. The director of agriculture, or his deputy, upon receipt of an application for a permit, shall promptly make an investigation, and if the facilities are adequate for the cooking of garbage, shall issue a permit.
­­--------
(L. 1953 p. 6 § 1-A)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.440 - Sale, transportation and purchase of garbage-fed swine prohibited.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1953
266.440. Sale, transportation and purchase of garbage-fed swine prohibited. —
1. No person shall sell or transport any swine which have been fed garbage in violation of sections 266.410 to 266.460.
2. No person shall knowingly purchase any swine which have been fed garbage in violation of sections 266.410 to 266.460.
­­--------
(L. 1953 p. 6 §§ 3, 4)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.450 - Law may be enforced by injunction.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1953
266.450. Law may be enforced by injunction. —
In addition to the other remedies provided by law, the provisions of sections 266.410 to 266.460 may be enforced by injunction to restrain the feeding of garbage to swine in violation of sections 266.410 to 266.460 or the sale or transportation of swine fed in violation of sections 266.410 to 266.460.
­­--------
(L. 1953 p. 6 § 6)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.460 - Violation a misdemeanor, what constitutes offense.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1953
266.460. Violation a misdemeanor, what constitutes offense. —
Any person violating the provisions of sections 266.410 to 266.460 shall be guilty of a misdemeanor. Each day the provisions of sections 266.410 to 266.460 are violated shall be a separate offense.
­­--------
(L. 1953 p. 6 § 5)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.500 - Short title.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.500. Short title. —
Sections 266.500 to 266.550 may be cited as the "Missouri Agricultural Liming Materials Act".
­­--------
(L. 1976 H.B. 1630 § 1)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.510 - Sale of noncomplying material prohibited — exception.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.510. Sale of noncomplying material prohibited — exception. —
No agricultural liming material in bulk shall be sold or offered for sale in this state unless it complies with the provisions of sections 266.500 to 266.550, except that sections 266.500 to 266.550 shall not apply to bagged agricultural liming materials.
­­--------
(L. 1976 H.B. 1630 § 3)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.515 - Permit required, annual expiration date.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.515. Permit required, annual expiration date. —
It shall be unlawful for any distributor or producer to sell, offer for sale, or expose for sale, for consumption or use in this state any agricultural liming materials without first securing a permit from the director. The permit shall expire on the thirtieth day of June each year. Application for the permits shall be on forms furnished by the director.
­­--------
(L. 1976 H.B. 1630 § 4)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.520 - Certification to be filed, when, contents — fee — funds collected, how used.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 30 May 1985, see footnote
266.520. Certification to be filed, when, contents — fee — funds collected, how used. —
1. Every producer or distributor shall, within thirty days after each six-months' period ending June thirtieth and December thirty-first, file with the director on forms supplied by him, a certificate setting forth the amount of agricultural liming materials sold by each producer or distributor for consumption or use in the state of Missouri during each such respective period. At the time of filing the certificate, each producer or distributor shall pay to the director the fee prescribed by the director by rule which fee may not exceed ten cents per ton or eleven cents per metric ton. In the event that the director has not prescribed a fee under this section, each producer or distributor shall pay a fee of four cents for each ton or four and four-tenths cents for each metric ton of agricultural liming materials sold by him during the period covered by the certificate filed under this section.
2. The amount of the inspection fee shall be added to and clearly stated on each sales statement or invoice. The fee so paid to the director shall be used for defraying the expenses in administering sections 266.500 to 266.550 and the rules promulgated under sections 266.500 to 266.550, and for practical and scientific experiments by the Missouri agricultural experiment station in the proper use of agricultural liming materials. The fee may also be used to support related research and methodology, publications and educational programs extending the results of these agricultural liming materials experiments as may be of practical use to the farmers of this state.
­­--------
(L. 1976 H.B. 1630 § 5, A.L. 1985 S.B. 65)
Effective 5-30-85
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.525 - Quality standards for agricultural liming materials.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.525. Quality standards for agricultural liming materials. —
All agricultural liming materials offered for sale must be capable of correcting soil acidity, and furnishing calcium or magnesium, as plant nutrients, and meet the minimum specifications for calcium carbonate equivalent, and fineness of grind, as set forth in the regulations. All agricultural liming materials offered or exposed for sale in Missouri shall guarantee the pounds of effective magnesium per ton and the pounds of effective neutralizing material per ton. Effective magnesium and effective neutralizing material shall be calculated by the methods set forth in the regulations according to the percentage of magnesium, the calcium carbonate equivalent and fineness as determined in section 266.535.
­­--------
(L. 1976 H.B. 1630 § 6)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.530 - Samples, how taken, number required.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.530. Samples, how taken, number required. —
1. Samples of agricultural liming materials within the meaning of the act shall be obtained by taking the sample from the producer's production belt as the material is being produced or from stockpile. Sampling of stockpiles may be made when there is a stockpile having no certification of the calcium carbonate equivalent, magnesium content, fineness, effective neutralizing material, and effective magnesium as herein provided. A total of eight or more samples shall be taken at locations where there are permanent fixed plants during the year in which agricultural liming materials are being produced or distributed but not more than one official sample per day may be taken from each individual stockpile or production belt.
2. Samples shall be taken at locations where there is no permanent fixed plant during the month that a portable plant is at a given location until a total of eight or more samples are accumulated for a fiscal or calendar year from either production plant or stockpile.
3. Samples shall be taken of agricultural liming materials until a total of three representative samples have been accumulated and submitted for analysis to determine an average after which a sample shall be obtained and tested with the average recalculated for guaranteed analysis by dropping the analysis of the oldest sample and using the analysis of the most recently taken sample to establish a new average.
4. Samples for analysis may be taken from the production belt by the producer or distributor or authorized representative in the presence of a person appointed by the director. Samples from stockpiles for analyses shall be taken only by persons authorized and appointed by the director upon prior notification of the producer or distributor involved. Samples may be taken from trucks and at other points but will not be used in computing the average for purposes of the guaranteed analyses at source of production or stockpile.
5. Producers or distributors of agricultural liming materials shall notify the director, or persons appointed or authorized by him, of the production or distribution of agricultural liming materials so that samples may be taken in compliance with this section.
6. All samples for analysis shall be taken according to official sieve analysis of agricultural liming materials methods as set forth in the regulations.
­­--------
(L. 1976 H.B. 1630 § 7)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.535 - Samples, how analyzed, results to producer and director.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.535. Samples, how analyzed, results to producer and director. —
Samples of agricultural liming materials taken as provided in section 266.530 shall be submitted by the director, or persons appointed or authorized by him, to the University of Missouri agricultural experiment station chemical laboratories for analysis. The samples shall be analyzed for calcium carbonate equivalent, magnesium content, and fineness of grind based on Association of Official Analytical Chemists methods of analysis. The results of the analyses of each sample shall be submitted to the producer or distributor of record and the director.
­­--------
(L. 1976 H.B. 1630 § 8)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.540 - Certification of analysis — final responsibility for effectiveness with producer.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.540. Certification of analysis — final responsibility for effectiveness with producer. —
1. The director shall, upon receipt of the analysis provided in section 266.535, certify the percent calcium carbonate equivalent, percent magnesium content, fineness, effective magnesium per ton, and effective neutralizing material per ton, of the liming material to the producer or distributor from whom the sample was obtained by forwarding written notice by United States mail.
2. Nothing in sections 266.500 to 266.550 shall preclude a producer or distributor of agricultural liming materials from having a certification on separate stockpiles; provided that, the stockpiles shall be separated from any other stockpiles, and the separate stockpiles shall have been sampled as provided in sections 266.500 to 266.550.
3. Agricultural liming materials produced and stockpiled prior to the enactment of sections 266.500 to 266.550 shall be subject to the same provisions of sections 266.500 to 266.550 as apply to sampling for analyses and certification.
4. Final responsibility for the guarantee of effective magnesium and effective neutralizing material per ton is vested in the producer or distributor making delivery of agricultural liming materials for distribution or spreading on farms or agricultural lands or other land for the purpose of decreasing soil acidity and adding calcium or calcium and magnesium to soils.
5. Where the producer or distributor has possession of agricultural liming materials which fail to meet the guaranteed analysis, the producer or distributor may sell this material only after adjusting the guaranteed analysis to the correct analyses.
­­--------
(L. 1976 H.B. 1630 § 9)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.543 - Advisory council, appointment, qualifications, terms, expenses, duties, vacancies.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 30 May 1985, see footnote
266.543. Advisory council, appointment, qualifications, terms, expenses, duties, vacancies. —
1. An advisory council of nine members shall be appointed by the director pursuant to this section. Of the nine members so appointed, three shall be actively employed as limestone producers, three shall be actively engaged in the business of farming, and three shall be chosen from the residents at large of this state. The three members chosen from the residents at large of this state shall be selected by the director with the approval of a majority of the other six members of the advisory council.
2. The advisory council shall:
(1) Meet at least once each year;
(2) Annually review with the director the income received and expenditures made under sections 266.500 to 266.550;
(3) Review and approve all rules, and revisions or rescissions thereof, to be promulgated by the director;
(4) Consider all information and advise the director in determining the method and amount of fees to be assessed. In performing its duties under this subdivision, the advisory council shall represent the best interests of the Missouri farmers;
(5) Serve in an advisory capacity in all matters pertaining to the administration of sections 266.500 to 266.550.
3. All members of the advisory council shall serve for terms of three years and until their successors are duly appointed and qualified; except that, of the members first appointed:
(1) One member who is actively employed as a limestone producer, one member actively engaged in the business of farming, and one member chosen from the residents of this state at large shall serve for terms of three years;
(2) One member who is actively employed as a limestone producer, one member actively engaged in the business of farming, and one member chosen from the residents of this state at large shall serve for terms of two years; and
(3) The remaining three members shall serve for terms of one year.
4. All members shall be residents of this state. No member may serve more than two consecutive terms on the advisory council, but any member may be reappointed after he has not been a member of the advisory council for a period of at least three years.
5. All members shall be reimbursed for reasonable expenses incurred in the performance of their official duties in accordance with the reimbursement policy of the director. All reimbursements paid under this section shall be paid from fees collected under sections 266.291 to 266.351.
6. Every vacancy on the advisory council shall be filled by the director with the approval of a majority of the remaining members of the council. The person selected to fill any such vacancy shall possess the same qualifications required by this section as the member he replaces and shall serve until the end of the unexpired term of his predecessor.
­­--------
(L. 1985 S.B. 65)
Effective 5-30-85
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.550 - Instrument of sale, information to be shown on.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
• Effective - 28 Aug 1976
266.550. Instrument of sale, information to be shown on. —
1. All agricultural liming materials sold, offered, or exposed for sale shall guarantee effective neutralizing material and the effective magnesium per ton.
2. Any person who shall sell, offer, or expose for sale, or who shall ship, transport, or deliver agricultural liming materials, shall affix or cause to be affixed to every bill of lading, scale ticket, delivery receipt or other instrument of sale plainly thereon the net weight of the lot and the guarantee of the effective magnesium and effective neutralizing material per ton as provided in sections 266.500 to 266.550 and the name brand, if any, under which the liming material is sold, the name of the manufacturer, producer or shipper, and the location of the principal office of the manufacturer, producer or shipper.
­­--------
(L. 1976 H.B. 1630 § 11)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 266 - Seeds, Fertilizers and Feeds › Section 266.600 - Seeds and fertilizers, no ordinance or regulation on labeling, cultivation, or other use — exception for rice seed.

Title XVII AGRICULTURE AND ANIMALS
Chapter 266
Effective - 28 Aug 2018
266.600. Seeds and fertilizers, no ordinance or regulation on labeling, cultivation, or other use — exception for rice seed. —
1. No political subdivision shall adopt or enforce any ordinance, rule, or regulation relating to the labeling, cultivation, or other use of seeds or fertilizers as such terms are defined or used in sections 266.021 and 266.291, respectively. The provisions of this section shall not apply to any ordinance, rule, or regulation enacted prior to August 28, 2018.
2. This section shall not apply to rice seed.
­­--------
(L. 2018 S.B. 627 & 925)