reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-502 - Prohibited conduct in providing investment advice.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.5-502. Prohibited conduct in providing investment advice. —
(a) It is unlawful for a person that advises others for compensation, either directly or indirectly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities:
(1) To employ a device, scheme, or artifice to defraud another person; or
(2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
(b) A rule adopted under this act may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative, and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative.
(c) A rule adopted under this act may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-503 - Evidentiary burden.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.5-503. Evidentiary burden. —
(a) In a civil action or administrative proceeding under this act, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.
(b) In a criminal proceeding under this act, a person claiming an exception or exclusion from definition has the burden of injecting the issue pursuant to section 556.051
*
, and a person claiming an exemption or qualification as a federal covered security has the burden of proving the claim as an affirmative defense pursuant to section 556.056
*
.
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(L. 2003 H.B. 380)
Effective 9-01-03
*Sections 556.051 and 556.056 were repealed by S.B. 491, 2014, effective 1-01-17.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-504 - Filing of sales and advertising literature.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.5-504. Filing of sales and advertising literature. —
(a) Except as otherwise provided in subsection (b), a rule adopted or order issued under this act may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this act.
(b) This section does not apply to sales and advertising literature specified in subsection (a) which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by section 409.2-201, 409.2-202, or 409.2-203 except as required pursuant to section 409.2-201(7).
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-505 - Misleading filings.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.5-505. Misleading filings. —
It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this act, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-506 - Misrepresentations concerning registration or exemption.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.5-506. Misrepresentations concerning registration or exemption. —
The filing of an application for registration, a registration statement, a notice filing under this act, the registration of a person, the notice filing by a person, or the registration of a security under this act does not constitute a finding by the commissioner that a record filed under this act is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this section.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-507 - Qualified immunity.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.5-507. Qualified immunity. —
A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the commissioner, or designee of the commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.5-508 - Criminal penalties.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 28 Aug 2009, 2 histories
409.5-508. Criminal penalties. —
(a) A person commits the crime of criminal securities fraud when such person willfully violates section 409.5-501.
(b) A person commits a criminal securities violation when such person willfully violates any other provision of this act, or a rule adopted or order issued under this act, except Section 409.5-504 or the notice filing requirements of section 409.3-302 or 409.4-405, or that willfully violates section 409.5-505 knowing the statement made to be false or misleading in a material respect.
(c) A person convicted of criminal securities fraud or any other criminal securities violation shall be fined not more than one million dollars or imprisoned not more than ten years, or both, and if the violation was committed against an elderly or disabled person, then the fine shall be not less than fifty thousand dollars. For purposes of this section, the following terms mean:
(1)
"Disabled person"
, a person with a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such impairment, or being regarded as having such an impairment;
(2)
"Elderly person"
, a person sixty years of age or older.
(d) An individual convicted of violating a rule or order under this act may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order.
(e) The attorney general or the proper prosecuting attorney with or without a reference from the commissioner may institute criminal proceedings under this act.
(f) This act does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.
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(L. 2003 H.B. 380, A.L. 2009 H.B. 62)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.6-601 - Administration.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.6-601. Administration. —
(a) This act shall be administered by the commissioner of securities who shall be appointed by and act under the direction of the secretary of state, and shall receive compensation as provided by law.
(b) The attorney general shall appear on behalf of and represent the commissioner in all proceedings before the administrative hearing commission, and in the circuit court of any county of the state or any city not within a county, or any court of another state in all civil enforcement actions brought under this act. The attorney general may appoint attorneys employed by the secretary of state as special assistant attorneys general to appear on behalf of and represent the commissioner.
(c) It is unlawful for the secretary of state, commissioner or an officer, employee, or designee of the commissioner to use for personal benefit or the benefit of others records or other information obtained by or filed with the commissioner that are not public under section 409.6-607(b). This act does not authorize the secretary of state, commissioner or an officer, employee, or designee of the commissioner to disclose the record or information, except in accordance with section 409.6-602, 409.6-607(c), or 409.6-608.
(d) This act does not create or diminish a privilege or exemption that exists at common law, by statute or rule, or otherwise.
(e) The commissioner may develop and implement investor education initiatives to inform the public about investing in securities, with particular emphasis on the prevention and detection of securities fraud. In developing and implementing these initiatives, the commissioner may collaborate with public and nonprofit organizations with an interest in investor education. The commissioner may accept a grant or donation from a person that is not affiliated with the securities industry or from a nonprofit organization, regardless of whether the organization is affiliated with the securities industry, to develop and implement investor education initiatives. This subsection does not authorize the commissioner to require participation or monetary contributions of a registrant in an investor education program.
(f) The "Investor Education and Protection Fund" is created to provide funds for the purposes identified in subsection (e). Notwithstanding the provisions of section 33.080, any funds remaining in the secretary of state's investor education and protection fund at the end of any biennium shall not be transferred to the general revenue fund.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.6-606 - Administrative files and opinions.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.6-606. Administrative files and opinions. —
(a) The commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this act or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this act or the predecessor act; and interpretative opinions or no action determinations issued under this act.
(b) The commissioner shall make all rules, forms, interpretative opinions, and orders available to the public.
(c) The commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this act may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the commissioner of a record's nonexistence is prima facie evidence of a record or its nonexistence.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.6-607 - Public records; confidentiality.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.6-607. Public records; confidentiality. —
(a) Except as otherwise provided in subsection (b), records obtained by the commissioner or filed under this act, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.
(b) The following records are not public records and are not available for public examination under subsection (a):
(1) A record obtained by the commissioner in connection with an audit or inspection under section 409.4-411(d) or an investigation under section 409.6-602;
(2) A part of a record filed in connection with a registration statement under sections 409.3-301 and 409.3-303 to 409.3-305 or a record under section 409.4-411(d) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;
(3) A record that is not required to be provided to the commissioner or filed under this act and is provided to the commissioner only on the condition that the record will not be subject to public examination or disclosure;
(4) A nonpublic record received from a person specified in section 409.6-608(a);
(5) Any Social Security number, residential address unless used as a business address, and residential telephone number contained in a record that is filed; and
(6) A record obtained by the commissioner through a designee of the commissioner that a rule or order under this act determines has been:
(A) Expunged from the commissioner's records by the designee; or
(B) Determined to be nonpublic or nondisclosable by that designee if the commissioner finds the determination to be in the public interest and for the protection of investors.
(c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 409.6-608(a), the commissioner may disclose a record obtained in connection with an audit or inspection under section 409.4-411(d) or a record obtained in connection with an investigation under section 409.6-602.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.6-609 - Judicial review.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.6-609. Judicial review. —
(a) Except as otherwise provided in this act, any interested person aggrieved by any order of the commissioner under any provision of this act, or by any refusal or failure of the commissioner to make an order pursuant to any of said provisions, shall be entitled to a hearing before the commissioner in accordance with the provisions of chapter 536. A final order issued by the commissioner under this act is subject to judicial review in accordance with the provisions of chapter 536 in the circuit court of Cole County.
(b) A rule adopted under this act is subject to judicial review in accordance with the provisions of chapter 536 in the circuit court of Cole County.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.6-611 - Service of process.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.6-611. Service of process. —
(a) A consent to service of process complying with section 409.6-611 required by this act must be signed and filed in the form required by a rule or order under this act. A consent appointing the commissioner the person's agent for service of process in a noncriminal action or proceeding against the person, or the person's successor or personal representative under this act or a rule adopted or order issued under this act after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.
(b) If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this act or a rule adopted or order issued under this act and the person has not filed a consent to service of process under subsection (a), the act, practice, or course of business constitutes the appointment of the commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.
(c) Service under subsection (a) or (b) may be made by providing a copy of the process to the office of the commissioner, but it is not effective unless:
(1) The plaintiff, which may be the commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address, or takes other reasonable steps to give notice; and
(2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the commissioner in a proceeding before the commissioner, allows.
(d) Service pursuant to subsection (c) may be used in a proceeding before the commissioner or by the commissioner in a civil action in which the commissioner is the moving party.
(e) If process is served under subsection (c), the court, or the commissioner in a proceeding before the commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.6-612 - Severability clause.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.6-612. Severability clause. —
If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.7-701 - Effective date.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.7-701. Effective date. —
This act takes effect on September 1, 2003.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.7-702 - Repeals.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.7-702. Repeals. —
The following act is repealed: Missouri Securities Act of 1956, as amended, RSMo 2002.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 409 - Regulation of Securities › Section 409.7-703 - Application of act to existing proceedings and existing rights and duties.

Title XXVI TRADE AND COMMERCE
Chapter 409
• Effective - 01 Sep 2003, see footnote
409.7-703. Application of act to existing proceedings and existing rights and duties. —
(a) The predecessor act exclusively governs all actions or proceedings that are pending on September 1, 2003, or may be instituted on the basis of conduct occurring before September 1, 2003, but a civil action may not be maintained to enforce any liability under the predecessor act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after September 1, 2003, whichever is earlier.
(b) All effective registrations under the predecessor act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor act remain in effect while they would have remained in effect if this act had not been enacted. They are considered to have been filed, issued, or imposed under this act, but are exclusively governed by the predecessor act.
(c) The predecessor act exclusively applies to an offer or sale made within one year after September 1, 2003, pursuant to an offering made in good faith before September 1, 2003, on the basis of an exemption available under the predecessor act.
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(L. 2003 H.B. 380)
Effective 9-01-03
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.010 - Short title.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.010. Short title. —
This chapter shall be known by the short title of "Missouri Grain Warehouse Law".
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(L. 1941 p. 373 § 1, A.L. 1965 p. 606, A.L. 1980 S.B. 601)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.012 - Purpose.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.012. Purpose. —
This chapter constitutes an exercise of state police and regulatory power for the purpose of protecting and enhancing grain production and marketing, and the agricultural economy of the state of Missouri. This chapter is deemed necessary to protect and to preserve the public health, welfare, peace and safety of the general citizenry.
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(L. 1981 S.B. 366, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.015 - Scope of law.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1993
411.015. Scope of law. —
The provisions of the "Missouri Grain Warehouse Law" shall apply to all warehouses located within the state of Missouri.
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(L. 1965 p. 606, A.L. 1967 p. 637, A.L. 1971 H.B. 180 § 2, A.L. 1977 S.B. 75, A.L. 1993 H.B. 822)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.020 - Application of law — construction of laws governing warehouse receipts.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.020. Application of law — construction of laws governing warehouse receipts. —
1. The provisions of this chapter shall apply to the grain stored in or handled through a warehouse, or designated part thereof, as well to the operations of such warehouse whether or not any part of such grain is owned by the warehouseman.
2. The provisions of the uniform commercial code relating to warehouse receipts and other documents of title shall govern warehouse receipts issued by public warehousemen licensed under the provisions of this chapter, except to the extent inconsistent with the express provisions of this chapter.
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(L. 1941 p. 373 § 49, A.L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578)
Effective 4-22-86
(1981) As bearing upon Bankruptcy Code provision that filing of petition in bankruptcy does not operate as automatic stay of proceedings by a governmental unit to enforce its police or regulatory power. Missouri's grain laws primarily relate to protection of pecuniary interest in debtors' property and not to public health and safety, and as such do not fall within "police or regulatory power" exception to automatic stay. State of Missouri v. U.S. Bankruptcy Court, etc. (8th Cir.), 647 F.2d 768.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.028 - Grain delivered to warehouse for cleaning, processing and returned for seed, not grain as defined for grain warehouse law.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1995
411.028. Grain delivered to warehouse for cleaning, processing and returned for seed, not grain as defined for grain warehouse law. —
Agricultural commodities delivered to a warehouse or seed processor for the express purpose of processing or cleaning and holding such commodity and returning the cleaned or processed commodity to the original owner thereof or the owner's designee to be used as seed shall not be deemed to be grain for the purposes of this chapter. Commodities deemed not to be grain pursuant to this section shall be maintained on an identity-preserved basis at all times when in the possession of or under the control of the warehouseman or seed processor.
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(L. 1995 H.B. 337)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.030 - Department of agriculture to grade and weigh grains — operate laboratories and stations — supervise warehouses — federally owned grain, duties.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.030. Department of agriculture to grade and weigh grains — operate laboratories and stations — supervise warehouses — federally owned grain, duties. —
1. The department shall have the exclusive right to officially inspect and grade all grains for which standards have been established under the United States Grain Standards Act and certify the grades thereof at all places where inspection points of the department are established, except that the owner may direct that his grain may not be inspected by writing or stamping upon the bill of lading therefor the words "no inspection desired" or other words of similar meaning or by other timely notice given the department in writing that no inspection is desired and may officially inspect grain in public or private warehouses or industries upon application of the owner or operator thereof and their agreement to guarantee operating costs.
2. The department shall have the exclusive right to officially weigh or supervise the actual weighing of grain in licensed terminal warehouses subject to the provisions of this chapter, unless the owner or his agent indicates that no official weights are desired and may officially weigh or supervise the actual weighing of grain in public or private warehouses or industries upon application of the owners or operators thereof and their agreement to guarantee the operating costs.
3. Nothing in this chapter shall limit or abrogate the right of grain exchanges or boards of trade to weigh or supervise the weighing of grain in private warehouses and public warehouses.
4. The department is authorized in the discretion of the director to establish, maintain and operate chemical laboratories and inspection and weighing stations covering all or any part of its services at important railway terminals and points where organized grain markets are regularly maintained, and at other points where operating costs are guaranteed by special arrangements with the industries served or the managing officers in charge thereof.
5. The department shall also inspect and weigh and otherwise service grain stored, owned or controlled by the United States of America or any of its agencies, upon request therefor by the United States of America or its agencies, located in temporary warehouses within this state, upon request and approval of the owners or operators of such unlicensed warehouses, and further upon receiving agreement to guarantee to the department the operating costs of such additional services. The department shall not infringe where services are performed by grain exchanges or boards of trade.
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(L. 1941 p. 373 § 2, A.L. 1955 p. 853 § 411.050, A.L. 1965 p. 606, A.L. 1980 S.B. 601)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.050 - Bond of director.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.050. Bond of director. —
The director shall also execute a bond to the people of the state of Missouri in the penal sum of twenty thousand dollars, with corporate surety to be approved in the same manner as bonds of other appointed officers, conditioned that he will pay all damages to any person or persons who may be injured by reason of his neglect, refusal or failure to comply with the provisions of this chapter.
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(RSMo 1939 § 14625, A.L. 1941 p. 373 § 6, A.L. 1955 p. 853 § 411.070, A.L. 1965 p. 606, A.L. 1980 S.B. 601)
Prior revisions: 1929 § 13325; 1919 § 5997
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.061 - Director not to deal in grain, exception.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1977
411.061. Director not to deal in grain, exception. —
The director shall not, directly or indirectly, be interested in buying or selling grain, either on his own account or for others or in handling or storing grain as a public warehouseman or on private account, during his term of office; except that, he may sell, handle or store any grain produced in his own farming operation.
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(L. 1955 p. 853 § 411.060, A.L. 1977 S.B. 75)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.100 - Inspectors — qualifications.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.100. Inspectors — qualifications. —
No person shall be eligible to hold the office of chief inspector or inspector unless he has passed the examinations of the United States Secretary of Agriculture required for the issuing of a license to inspect and grade those grains designated by the director for which standards are provided under the provisions of an act of Congress known as "The United States Grain Standards Act".
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(L. 1941 p. 373 § 13, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.110 - Weighmasters — powers and duties.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.110. Weighmasters — powers and duties. —
When requested, it shall be the duty of grain weighmasters appointed by the director, under the provisions of this chapter, to weigh or to supervise the actual weighing and certification of weights of all grain as provided for in this chapter, and the certificate of weight issued or caused to be issued by such weighmasters in the discharge of their duties shall be the basis of settlement between the buyer and seller. Such weighmasters shall have the entire control, subject to the supervision of the director, of the scales under their supervision.
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(RSMo 1939 § 14677, A.L. 1941 p. 373 § 15, A.L. 1965 p. 606, A.L. 1980 S.B. 601)
Prior revisions: 1929 § 13377; 1919 § 6049; 1909 § 6826
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.135 - Warehouseman to act as registrar of receipts — records to be kept.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1965
411.135. Warehouseman to act as registrar of receipts — records to be kept. —
Every licensed warehouseman desiring to issue unregistered negotiable or nonnegotiable warehouse receipts shall act as registrar, or designate an employee to act as registrar, to be responsible for issuing warehouse receipts and keeping all records in a manner as provided by the director. The warehouseman's signature or that of his employee shall be affixed and kept on file with the director. The warehouse record shall clearly identify scale tickets, weight and grade certificates, used as a basis for issuance of each warehouse receipt. A copy of the scale tickets and the weight and grade certificates shall be kept on file as a record in the warehouseman's office for a period of at least three years after the date of cancellation of the warehouse receipt.
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(L. 1965 p. 606)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.140 - Personnel of branch offices — appointment — qualifications — duties.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.140. Personnel of branch offices — appointment — qualifications — duties. —
1. The director may appoint a suitable person to be assigned to each office where official inspection points are established. The person shall not be a member of a board of trade or grain exchange, and shall not be interested directly or indirectly in any warehouse, elevator or in grain merchandising. Each of the persons so appointed shall be a licensed grain inspector, or a qualified grain expert, or knowledgeable of the grain trade and, in all cases, shall have administrative and supervisory skills.
2. Each of said appointees shall be known as chief inspector or inspector-in-charge, or office manager in the office to which he is assigned, and shall have general supervision of inspection of grain, and such other duties as may be prescribed by the director, and shall serve under the immediate direction and at the will of the director.
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(L. 1941 p. 373 § 10, A.L. 1965 p. 606, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.145 - Department may conduct grain inspection business outside state, when.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1987
411.145. Department may conduct grain inspection business outside state, when. —
The Missouri department of agriculture is hereby authorized to conduct official grain inspection business outside the boundaries of the state of Missouri; provided that, such business:
(1) Is conducted in a manner that is consistent with the provisions of this chapter concerning the providing of official grain inspection and weighing services;
(2) Is in compliance with the rules and regulations promulgated by the Federal Grain Inspection Service in regard to providing official inspection and weighing services; and
(3) Any expenditures involved are in compliance with the state of Missouri's budget process and the office of administration's rules, regulations and guidelines.
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(L. 1987 H.B. 751)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.150 - Fees, how fixed.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.150. Fees, how fixed. —
The director shall have full power to fix the fees for sampling, inspection, weighing, protein or other chemical analysis, and moisture testing or for additional services of whatever nature consistent with the provisions of this chapter, which fees shall be regulated in such manner as will, in the judgment of the director, produce sufficient revenue to meet the necessary expenses of the services of sampling, inspection, weighing, chemical analysis or moisture testing, and for administration and clerical work in connection therewith.
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(RSMo 1939 §§ 14660, 14678, 14685, A.L. 1941 p. 373 § 8, A. 1949 H.B. 2108, A.L. 1965 p. 606, A.L. 1978 S.B. 503, A.L. 1980 S.B. 601)
Prior revisions: 1929 §§ 13360, 13378, 13385; 1919 §§ 6032, 6050; 1909 §§ 6808, 6827
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.151 - Grain inspection fee fund established — deposits and disbursements — not to lapse — transfers from general revenue — investment of fund.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.151. Grain inspection fee fund established — deposits and disbursements — not to lapse — transfers from general revenue — investment of fund. —
1. There is hereby created in the state treasury the "Grain Inspection Fee Fund". All fees charged and collected for sampling, inspection, weighing, protein or other chemical analysis, and moisture testing or for additional services of whatever nature consistent with the grain inspection and weighing services of the grain inspection, weighing, and warehousing division provided for in this chapter, shall be paid to the director of revenue and deposited in the state treasury to the credit of the grain inspection fee fund. The money in the grain inspection fee fund, after appropriation, shall be expended upon proper warrants issued by the commissioner of administration for the payment of salaries and expenses, including any fee or payment required for compliance with federal law or regulation, necessary for carrying out the provisions consistent with the grain inspection and weighing services of this chapter. The unexpended balance in the grain inspection fee fund at the end of each fiscal year shall not be transferred to the general revenue fund of the state, and the provisions of section 33.080 relating to the transfer of funds to the general revenue fund of the state by the state treasurer shall not apply to the grain inspection fee fund.
2. The general assembly may, from time to time and as needed, transfer from general revenue to the grain inspection fee fund a sum not to exceed five hundred thousand dollars, each fiscal year, to enable the director to continue operations; provided that, approval for such a transfer is given by the Federal Grain Inspection Service of the United States Department of Agriculture. Nothing contained herein shall be construed as to limit the number of times the general assembly may make such transfers.
3. The state treasurer shall invest all sums in the grain inspection fee fund not needed for current operating expenses in interest-bearing banking accounts or United States government obligations in the manner provided by law. All yield, increment, gain, interest or income derived from the investment of these sums shall accrue to the benefit of, and be deposited within, the state treasury to the credit of the grain inspection fee fund.
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(L. 1978 S.B. 503, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.160 - Grain inspected and weighed by authorized inspectors — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1980
411.160. Grain inspected and weighed by authorized inspectors — penalty. —
1. When official inspection, weighing, or supervising of actual weighing of grain is requested in this state whether into or out of state licensed warehouses or portions of warehouses so licensed for public storage operations, subject to the provisions of this chapter, or in cars, barges, wagons, trucks, or sacks at warehouses where official state grain inspection or weighing is maintained shall be performed by such persons as have been duly appointed by the director and qualified according to law.
2. Any person who shall inspect grain where state grain inspection is established, or any person who shall officially weigh or supervise the weighing of grain in public warehouses where official state grain weighing is established and who has not been duly appointed by the director or directed by a state weighmaster so to do, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by confinement in the county jail, or if in the city of St. Louis in the city jail of the city, for not less than three months nor more than six months, or both such fine and confinement, at the discretion of the court, for every such offense so committed.
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(RSMo 1939 § 14662, A.L. 1941 p. 373 § 14, A.L. 1965 p. 606, A.L. 1980 S.B. 601)
Prior revisions: 1929 § 13362; 1919 § 6034; 1909 § 6811
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.170 - Certificates shall be evidence — right of revocation.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1941
411.170. Certificates shall be evidence — right of revocation. —
The certificates issued by the department shall be conclusive evidence to all parties interested of the facts stated therein and shall form the basis of settlement between buyers and sellers unless otherwise specified by contract; provided, the department shall have the right upon reinspection or otherwise to cancel and revoke any certificate and issue a new one in its stead, and every certificate of grade shall be subject to appeal as provided by law; and in either case such new certificate or the appeal certificate shall in such event be final and binding between the parties.
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(L. 1941 p. 373 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.200 - Reinspection.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1941
411.200. Reinspection. —
Operators of public terminal elevators, may, with the consent of the director, call a reinspection and weighing of grain in the elevator, and upon the surrender of outstanding warehouse receipts in the discretion of the director, before or at the completion of said reinspection and weighing, same may be cancelled and new warehouse receipts issued therefor, such reinspection and weighing to be made under regulations prescribed by the director.
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(L. 1941 p. 373 § 50)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.255 - Operations for which a license is required — administrative penalty for operating without license.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.255. Operations for which a license is required — administrative penalty for operating without license. —
1. No person shall:
(1) Operate a warehouse for storage of grain;
(2) Hold himself out as being in the grain storage business, or as offering storage facilities for grain;
(3) Advertise for, solicit or accept grain for storage;
(4) Carry on a grain bank operation, or receive and store grain for which a like quantity of grains is to be returned or delivered in any form to the depositor thereof without first obtaining and keeping in force an annual license issued by the department authorizing the operation of a public grain warehouse; provided, that all licenses issued prior to April 22, 1986, by the department shall remain valid for all purposes unless terminated, surrendered or revoked as provided in this chapter.
2. Two or more warehouses which constitute a single operating unit may be licensed under a single license if:
(1) The same warehouseman operates each warehouse in conjunction with the other;
(2) All the warehouses are functioning under the same name and with the same personnel, office, books and records; and
(3) The warehouses are within a fifty mile radius of the warehouseman's principal office.
­­All warehouses licensed under a single license shall be treated as a single warehouse for all the purposes of this chapter, excepting issuance of warehouse receipts and receipt and delivery of grain.
3. A licensed warehouseman shall not store grain in any unlicensed facility.
4. Following an administrative hearing, the director may require the warehouseman to pay a penalty of not more than five hundred dollars per day for each day the warehouseman is found to be operating without a license or bond. In determining whether to assess the penalty, the director shall ascertain whether the warehouseman has continued to operate without a license or bond after being informed by the department in writing by certified mail of the need for licensing. Any penalties collected by the director under this section shall be deposited in the general revenue fund. In the event that a person penalized under this section fails to pay the penalty, the director may apply to the circuit court of Cole County for, and the court may enter, an order enforcing the penalty.
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(L. 1977 S.B. 75 § 2, A.L. 1986 H.B. 1578)
Effective 4-22-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.263 - Fee for license.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 28 Aug 1977
411.263. Fee for license. —
Every warehouseman's original application for a public warehouse license must be accompanied by a fifty dollar application fee. Every applicant after approval shall pay an annual license fee based upon the capacity of the warehouse, or portion of the warehouse, the fee to be set by the director at a rate not to exceed the schedule of license fees set forth in section 411.691. If two or more warehouses are to be operated as a single operating unit as authorized in section 411.255, separate filing fees and licensing fees are required for each warehouse.
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(L. 1965 p. 606 § 411.265, A.L. 1977 S.B. 75)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 411 - Missouri Grain Warehouse Law › Section 411.266 - Renewal of license — application, contents of — penalty for late renewal.

Title XXVI TRADE AND COMMERCE
Chapter 411
• Effective - 22 Apr 1986, see footnote
411.266. Renewal of license — application, contents of — penalty for late renewal. —
If a public warehouseman licensed under this chapter desires to renew the license for an additional year, application for the renewal shall be made on a form prescribed by the director and shall be accompanied by a financial statement, as required by section 411.260, with such additional information or verification with respect to the financial resources of the applicant as the director may require. The application fee of fifty dollars shall not be required. At least sixty days prior to the expiration of each license issued by the director under this chapter, the director shall notify the warehouseman of the date of expiration and furnish the warehouseman with the renewal form. The warehouseman shall submit the application at least thirty days prior to the date of expiration of the license and for each day less than thirty days, the warehouseman shall be penalized an additional fee of ten dollars per day for every day beyond the due date for the application. The date of submission of the application shall be determined as the date postmarked.
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(L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578)
Effective 4-22-86