reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.886 - Sale regulations — labeling.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1980
196.886. Sale regulations — labeling. —
No person, firm, association or corporation shall:
(1) Manufacture and sell ice cream, and related frozen food products defined in sections 196.851 to 196.895 in containers unless each container shall bear the name of the manufacturer or packer or distributor on the body or lid of such container. When the name of the distributor is used, the national assigned plant number identifying location of the manufacturer shall appear on the container or
*
consumer purchasing unit; or
(2) Sell or offer for sale or have in his or its possession with intent to sell, any product defined in sections 196.851 to 196.895 in or from a container which is falsely labeled or branded as to the manufacturer of such product; or
(3) Sell any product defined in sections 196.851 to 196.895 from a container or compartment of a fountain or cabinet which contains any article of food other than such products; or
(4) Use any container furnished or used for containing products defined in sections 196.851 to 196.895 for any other purposes.
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(L. 1955 p. 708 § 196.870, A.L. 1980 S.B. 707)
*Word "on" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.895 - Violation of law a misdemeanor.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1955
196.895. Violation of law a misdemeanor. —
Any person who violates any provision of sections 196.851 to 196.895 shall, upon conviction, be deemed guilty of a misdemeanor.
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(L. 1955 p. 708 § 196.887)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.933 - Certain products exempted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.933. Certain products exempted. —
The provisions of sections 196.931 through 196.953 and regulations promulgated thereunder do not apply to manufacturing raw milk and manufactured dairy products, including, but not limited to, butter, condensed milk, evaporated milk, sterilized milk or milk products in hermetically sealed containers and not requiring refrigeration, all types of cheese, nonfat dry milk, dry whole milk and part fat dry milk unless used in the preparation of graded fluid milk or fluid milk products.
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(L. 1972 H.B. 1280 § 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.935 - State milk inspection required on all graded fluid milk or milk products — pasteurization required, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.935. State milk inspection required on all graded fluid milk or milk products — pasteurization required, exception. —
No person shall sell, offer for sale, expose for sale, transport, or deliver any graded fluid milk or graded fluid milk products in this state unless the milk or milk products are graded and produced, transported, processed, manufactured, distributed, labeled and sold under state milk inspection and the same has also been produced or pasteurized as required by a regulation authorized by section 196.939 and under proper permits issued thereunder. Only pasteurized graded fluid milk and fluid milk products as defined in subdivision (3) of section 196.931 shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; except an individual may purchase and have delivered to him for his own use raw milk or cream from a farm.
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(L. 1972 H.B. 1280 § 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.937 - Penalty — violation by employee is violation by employer.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.937. Penalty — violation by employee is violation by employer. —
Any person violating any provision of section 196.935 is guilty of a misdemeanor. When construing and enforcing the provisions of sections 196.931 through 196.953, the act, omission or failure of any person acting for or employed by an individual, partnership, corporation, or association within the scope of his employment or office shall, in every case, be deemed a violation of sections 196.931 through 196.953, by the individual, partnership, corporation or association, as well as the violations of sections 196.931 through 196.953, by the person.
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(L. 1972 H.B. 1280 § 5)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.939 - Rules and regulations — inspection by political subdivisions prohibited, exceptions — hearings, notice — rules, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1995
196.939. Rules and regulations — inspection by political subdivisions prohibited, exceptions — hearings, notice — rules, procedure. —
1. The state milk board shall promulgate, adopt, and file with the secretary of state as prescribed by law such regulations as deemed necessary for the purpose of sections 196.931 to 196.953. Such regulations shall be enforced by the state milk board through either contractual agreements with political subdivisions of the state or employees of the state milk board. The adoption of regulations for the purpose of establishing a milk inspection program other than one under contractual agreement with the state milk board by any political subdivision is prohibited. Milk inspection by any political subdivision of the state except under contractual arrangements with the board is prohibited; provided the duly authorized official of any political subdivision of this state may take samples of such products which have been moved into, distributed within, or sold within the boundaries of such political subdivisions of this state for the sole purpose of determining that such milk and milk products comply with the standards developed by the state milk board. Nothing in sections 196.931 to 196.959 shall be construed as prohibiting any epidemiological investigations by the proper authorities of any political subdivision. A public hearing shall be held prior to the adoption of any regulation or modification thereof, upon notice published at least thirty days prior to the public hearings. At the public hearing, any person shall be permitted to appear and to be heard on the proposed regulations or modifications thereof. The standards of a regulation may exceed but shall not be less than those contained in the current edition of the Grade A Pasteurized Milk Ordinance of the United States Public Health Service as it exists or as it may be amended. The board may employ an executive secretary and adequate staff for administering sections 196.931 to 196.959, the cost of which shall be paid from the milk inspection fee fund.
2. No rule or portion of a rule promulgated under the authority of sections 196.931 to 196.959 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1972 H.B. 1280 § 6, A.L. 1993 S.B. 52, A.L. 1994 S.B. 546, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.941 - State milk board, membership, qualifications, appointment.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1986
196.941. State milk board, membership, qualifications, appointment. —
There is hereby created a board to be known as the "State Milk Board" to consist of twelve members to be nominated by the director of the department of agriculture and shall be appointed by the governor, with the advice and consent of the senate, four of whom shall be representatives and active members of the staff of each of four local health jurisdictions including St. Louis County, Missouri, health department; St. Louis City, Missouri, health division; Kansas City, Missouri, health department; Springfield, Missouri, health department. Four grade A milk producers shall represent dairy producers through a registered milk producer organization or farm organization with no more than one representing any one organization; one member shall represent dairy processors through a recognized processor organization; and one member shall be a consumer at large. Not more than six of the twelve board members shall be members of the same political party. The consumer at large or his spouse shall not be affiliated with any of the above-mentioned groups. The director of the state department of health and senior services or his designated representative and the state director of the department of agriculture or his designated representative shall serve as members. The term of service of each board member shall expire September twenty-eight of the fourth year after appointment. However, the term of the first members appointed shall expire September twenty-eight of the first to fourth year after appointment as specified by the governor and as equally as possible. Provisions of sections 196.931 to 196.959 shall be implemented within one year of August 13, 1972. Board members shall serve without financial compensation.
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(L. 1972 H.B. 1280 § 7, A.L. 1986 H.B. 1554 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.943 - Appointments, when made — authority to act, when — failure of senate to consent, effect of.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.943. Appointments, when made — authority to act, when — failure of senate to consent, effect of. —
Within thirty days after August 13, 1972, the governor shall appoint ten persons as members of the state milk board as set forth in section 196.941 and their authority to act shall commence upon receiving the advice and consent of the senate, if the senate shall be in session, but if the senate not be in session, the authority to act as an acting board member shall commence immediately upon appointment by the governor, but shall terminate if advice and consent is not received within thirty days after the senate convenes. If advice and consent is not given, such person shall not be reappointed by the governor to the board. To be eligible for appointment by the governor, the board member must be a citizen of the United States and a resident of the state. Advice and consent may be withdrawn with regard to the appointment of a member of the state milk board by a majority vote of the elected members of the senate.
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(L. 1972 H.B. 1280 § 8)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.945 - Inspection fee, payable when — hearing and notice before fee established.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.945. Inspection fee, payable when — hearing and notice before fee established. —
An inspection fee shall be annually established by the board not to exceed five cents on each one hundred pounds of grade A raw milk for pasteurization produced under state milk inspection and
*
shall be paid by the milk plant to the state milk board. Milk dealers, processors, or distributors selling graded fluid milk and fluid milk products in the state as provided for by section 196.949 shall pay a fee, to be established annually by the board, not to exceed five cents on each one hundred pounds of milk or milk products to the state milk board; provided that no milk producer, person, milk dealer, milk processor or milk distributor shall be liable for inspection fees on fluid milk and fluid milk products for which fees have previously been paid to the state milk board. Such fees shall be paid to the state milk board on or before the twentieth day of each month for the preceding calendar month. The annual inspection fees shall be set by the board after holding a public hearing giving thirty days' public notice.
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(L. 1972 H.B. 1280 § 9)
*Word "and" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.947 - State milk inspection fee fund created — funds, how expended, not to revert to general revenue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 10 May 1994, see footnote
196.947. State milk inspection fee fund created — funds, how expended, not to revert to general revenue. —
All moneys received for state milk inspection shall be deposited in the state treasury and credited to the "State Milk Inspection Fee Fund", which is hereby created, subject to appropriation by the general assembly and to be appropriated to the state milk board and used exclusively for the purpose of defraying the cost of state milk inspection and to other state agencies for such services in addition thereto that are provided by the state government. The state milk board shall remit to the treasury of the local jurisdictions for which it may contract to provide services for administering milk inspection if other than by its own employees, moneys not exceeding five cents per one hundred pounds of milk or milk products. The unexpended balance in the state milk inspection fee fund at the end of the biennium shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue fund of the state by the state treasurer. The financial proceedings of the board shall be subject to an annual audit by a certified public accountant and the audit report shall be a public record, subject to the inspection by the general public.
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(L. 1972 H.B. 1280 § 10, A.L. 1994 S.B. 546)
Effective 5-10-94
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.949 - State inspection of milk or milk products not required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2006
196.949. State inspection of milk or milk products not required, when. —
Graded fluid milk or fluid milk products not inspected under state milk inspection may be sold, offered for sale, exposed for sale, and delivered in the state of Missouri, or any municipality thereof, if approved by the state milk board as provided for by regulations adopted by the state milk board; provided that, the graded fluid milk or fluid milk products from other states shall be produced and processed under the supervision of a duly authorized governmental agency operating under the provisions of an ordinance, statute, or regulation substantially equivalent to the regulations promulgated and adopted by the state milk board and enforced with equal effectiveness as determined by an official rating survey, and products meet applicable temperature, bacteriological and composition standards when sampled on arrival at point of retail sale. Nothing in this section shall prohibit the state or local health officer from satisfying himself or herself that the governmental agency having jurisdiction over the production and processing is properly enforcing such provisions.
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(L. 1972 H.B. 1280 § 11, A.L. 2006 S.B. 1017)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.951 - State milk board official rating agency — survey made, when, how.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2006
196.951. State milk board official rating agency — survey made, when, how. —
The state milk board is hereby designated as the official rating agency. At least biannually, or as often as necessary, the state milk board shall make an official rating survey to determine if there is appropriate and effective enforcement of the standards and provisions of sections 196.931 through 196.953 and such other surveys as may be necessary to assure enforcement of sections 196.931 through 196.953 throughout the state. Unsatisfactory conditions shall be deemed to exist when a rating below the minimum acceptable rating established by the state milk board is found by the official rating survey. Violation of sections 196.931 through 196.953 shall be deemed to exist when the unsatisfactory conditions causing the rating to fall below the minimum acceptable rating are not corrected within ninety days. The minimum acceptable rating shall be ninety percent for the pasteurized milk supply as determined by rating methods recognized by the United States Public Health Service Food and Drug Administration. The state milk board shall promulgate and adopt a single method of making official rating surveys of all milksheds. Official surveys shall be made by a method substantially equivalent to procedures outlined in United States Governmental Printing Office Publication Number 678, titled "Methods of Making Sanitation Ratings of Milksheds".
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(L. 1972 H.B. 1280 § 12, A.L. 2006 S.B. 1017)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.953 - Injunctive relief authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.953. Injunctive relief authorized. —
In addition to the remedies provided in sections 196.931 through 196.953, or by law, the attorney general of the state or the prosecuting attorney of any county in which a violation of any provisions of sections 196.931 through 196.953 occurs is authorized to apply to any court of competent jurisdiction for, and the court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction to restrain any person, partnership, corporation, or association from violating any provisions of sections 196.931 through 196.953.
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(L. 1972 H.B. 1280 § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.955 - Valid grade A milk permit holder may continue to sell grade A milk.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.955. Valid grade A milk permit holder may continue to sell grade A milk. —
Nothing in sections 196.931 to 196.959 shall be so construed as to prohibit any grade A dairyman, who holds a valid grade A milk permit at the inception of sections 196.931 to 196.959, to continue to sell grade A milk.
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(L. 1972 H.B. 1280 § 14)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.957 - Only one inspection required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.957. Only one inspection required. —
It is expressly provided that any milk or milk products once inspected and approved under sections 196.931 to 196.959 shall be freely marketable anywhere in the state of Missouri without any further inspection.
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(L. 1972 H.B. 1280 § 15)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.959 - Appeal from order or regulation of board, how taken.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 1972
196.959. Appeal from order or regulation of board, how taken. —
Any person aggrieved by an order or regulation of the milk board may appeal directly to the circuit court having jurisdiction over his principal place of business. The case shall be placed at the head of the docket for a de novo hearing.
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(L. 1972 H.B. 1280 § 16)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.970 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2004
196.970. Citation of law. —
Sections 196.970 to 196.984 shall be known and may be cited as the "Prescription Drug Repository Program Act".
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(L. 2004 S.B. 1160)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.973 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2018, 3 histories
196.973. Definitions. —
As used in sections 196.970 to 196.984, the following terms shall mean:
(1)
"Health care professional"
, any of the following persons licensed and authorized to prescribe and dispense drugs and to provide medical, dental, or other health-related diagnoses, care, or treatment:
(a) A licensed physician or surgeon;
(b) A registered nurse or licensed practical nurse;
(c) A physician assistant;
(d) A dentist;
(e) A dental hygienist;
(f) An optometrist;
(g) A pharmacist; and
(h) A podiatrist;
(2)
"Hospital"
, the same meaning as such term is defined in section 197.020;
(3)
"Nonprofit clinic"
, a facility organized as not for profit in which advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health are provided on an outpatient basis for a period of less than twenty-four consecutive hours to persons not residing or confined at such facility;
(4)
"Out-of-state charitable repository"
, any of the following:
(a) A bona fide charitable, religious, or nonprofit organization, licensed or registered in this state as an out-of-state wholesale drug distributor under sections 338.210 to 338.370 and that otherwise qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended; or
(b) A foreign medical aid mission group that distributes pharmaceuticals and health care supplies to needy persons abroad;
(5)
"Prescription drug"
, a drug which may be dispensed only upon prescription by an authorized prescriber and which is approved for safety and effectiveness as a prescription drug under Section 505 of the Federal Food, Drug, and Cosmetic Act.
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(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.976 - Prescription drug repository program established, criteria.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2004
196.976. Prescription drug repository program established, criteria. —
1. By January 1, 2005, the department of health and senior services shall establish the "Prescription Drug Repository Program" to accept and dispense prescription drugs donated for the purpose of being dispensed to persons who are residents of Missouri and who meet eligibility requirements established by rules promulgated pursuant to section 196.984.
2. The following criteria shall be used in accepting drugs for use in the program:
(1) Only prescription drugs in their original sealed and tamper-evident unit dose packaging shall be accepted and dispensed pursuant to the program;
(2) The packaging must be unopened; except that prescription drugs packaged in single-unit doses may be accepted and dispensed when the outside packaging is opened if the single-unit-dose packaging is undisturbed;
(3) Prescription drugs donated by individuals shall bear the manufacturer's lot number and an expiration date that is less than six months from the date the prescription drug is donated shall not be accepted or dispensed; and
(4) A prescription drug shall not be accepted or dispensed if there is reason to believe that the drug is adulterated as described in section 196.095;
(5) Subject to the limitations specified in this section, unused prescription drugs dispensed for purposes of a medical assistance program may be accepted and dispensed under the prescription drug repository program.
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(L. 2004 S.B. 1160)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.979 - Donation of prescription drugs to the program, procedure — distribution to out-of-state charitable repositories, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 01 Jan 2017, 3 histories, see footnote
196.979. Donation of prescription drugs to the program, procedure — distribution to out-of-state charitable repositories, when. —
1. Any person, including but not limited to a prescription drug manufacturer or health care facility, may donate prescription drugs to the prescription drug repository program. The drugs shall be donated at a pharmacy, hospital, or nonprofit clinic that elects to participate in the prescription drug repository program and meets the criteria for participation established by rule of the department pursuant to section 196.984. Participation in the program by pharmacies, hospitals, and nonprofit clinics shall be voluntary. Nothing in sections 196.970 to 196.984 shall require any pharmacy, hospital, or nonprofit clinic to participate in the program.
2. A pharmacy, hospital, or nonprofit clinic which meets the eligibility requirements established in section 196.984 may dispense prescription drugs donated under the program to persons who are residents of Missouri and who meet the eligibility requirements of the program, or to other governmental entities and nonprofit private entities to be dispensed to persons who meet the eligibility requirements of the program. A prescription drug shall be dispensed only pursuant to a prescription issued by a health care professional who is authorized by statute to prescribe drugs. A pharmacy, hospital, or nonprofit clinic which accepts donated prescription drugs shall comply with all applicable federal and state laws dealing with the storage and distribution of dangerous drugs and shall inspect all prescription drugs prior to dispensing the prescription drugs to determine that they are not adulterated as described in section 196.095. The pharmacy, hospital, or nonprofit clinic may charge persons receiving donated prescription drugs a handling fee, not to exceed a maximum of two hundred percent of the Medicaid dispensing fee, established by rule of the department promulgated pursuant to section 196.984. Prescription drugs donated to the program shall not be resold. Any individual who knowingly resells any donated prescription drugs pursuant to sections 196.970 to 196.984 shall be guilty of a class E felony.
3. Drugs donated under this section that are not used or accepted by any pharmacy, hospital, or nonprofit clinic in this state may be distributed to out-of-state charitable repositories for use outside of this state. Such donated drugs may be repackaged in a manner appropriate for distribution by participating pharmacies, hospitals, and nonprofit clinics.
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(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.981 - Immunity from civil or criminal liability, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2006, 2 histories
196.981. Immunity from civil or criminal liability, when. —
1. The following persons and entities when acting in good faith shall not be subject to criminal or civil liability for injury, death, or loss to person or property, or professional disciplinary action for matters related to donating, accepting, or dispensing prescription drugs under the prescription drug repository program:
(1) The department of health and senior services;
(2) The director of the department of health and senior services;
(3) Any prescription drug manufacturer, governmental entity, or person donating prescription drugs to the program;
(4) Any pharmacy, hospital, nonprofit clinic, out-of-state charitable repository, or health care professional that prescribes, accepts or dispenses prescription drugs under the program; and
(5) Any pharmacy, hospital, nonprofit clinic, or out-of-state charitable repository that employs or has a hospital medical staff affiliation with a health care professional who accepts or dispenses prescription drugs under the program.
2. A prescription drug manufacturer shall not, in the absence of bad faith, be subject to criminal or civil liability for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the program, including but not limited to liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
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(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1020 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 07 Jul 2010, see footnote
196.1020. Definitions. —
As used in sections 196.1020 to 196.1035, the following terms mean:
(1)
"Brand family"
, all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to "menthol", "lights", "kings", and "100s", and includes any brand name alone or in conjunction with any other word trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes;
(2)
"Cigarette"
, the same meaning as such term is defined in section 196.1000;
(3)
"Director"
, the director of the Missouri department of revenue;
(4)
"Master settlement agreement"
, the same meaning as such term is defined in section 196.1000;
(5)
"Nonparticipating manufacturer"
, any tobacco product manufacturer that is not a participating manufacturer;
(6)
"Participating manufacturer"
, the same meaning as such term is defined in section II(jj) of the master settlement agreement and all amendments thereto;
(7)
"Qualified escrow fund"
, the same meaning as such term is defined in section 196.1000;
(8)
"Stamping agent"
, a person who is authorized to affix tax stamps to packages or other containers or cigarettes under chapter 149 or any person who is required to pay the tax imposed under section 149.160 on other tobacco products;
(9)
"Tobacco product manufacturer"
, the same meaning as such term is defined in section 196.1000;
(10)
"Units sold"
, the same meaning as such term is defined in section 196.1000.
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(L. 2010 S.B. 884)
Effective 7-07-10
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1026 - Nonresident or foreign nonparticipating manufacturers, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 07 Jul 2010, see footnote
196.1026. Nonresident or foreign nonparticipating manufacturers, requirements. —
1. Any nonresident or foreign nonparticipating manufacturer not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint, and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process shall be served, and any action or proceeding against it concerning, or arising out of, the enforcement of sections 196.1003 and 196.1020 to 196.1035 may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of such agent to the satisfaction of the director.
2. The nonparticipating manufacturer shall provide notice to the director thirty calendar days prior to termination of the authority of an agent and shall further provide proof, to the satisfaction of the director, of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the director of the termination within five calendar days and shall include proof, to the satisfaction of the director, of the appointment of a new agent.
3. Any nonparticipating manufacturer whose cigarettes are sold in this state and who has not appointed and engaged an agent as herein required shall be deemed to have appointed the secretary of state as such agent and may be proceeded against in courts of this state by service of process upon the secretary of state. However, the appointment of the secretary of state as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included, or retained, in the directory.
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(L. 2010 S.B. 884)
Effective 7-07-10
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1029 - Quarterly reports required, contents — disclosure to attorney general, when — escrow fund required, when — additional information may be required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 07 Jul 2010, see footnote
196.1029. Quarterly reports required, contents — disclosure to attorney general, when — escrow fund required, when — additional information may be required, when. —
1. Not later than twenty days after the end of each calendar quarter and more frequently if so directed by the director, each stamping agent shall submit such information as the director requires to facilitate compliance with sections 196.1020 to 196.1035 including but not limited to:
(1) A list by brand family of the total number of cigarettes; or
(2) In the case of roll-your-own, the equivalent stick count for which the stamping agent affixed stamps during the previous calendar quarter or otherwise paid the tax due for such cigarettes.
­­The stamping agent shall maintain and make available to the director all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the director for a period of five years.
2. The director shall disclose to the attorney general any information received under sections 196.1020 to 196.1035 which is requested by the attorney general for purposes of determining compliance with and enforcing the provisions of sections 196.1020 to 196.1035. The director and attorney general shall share with each other information received under sections 196.1003 and 196.1020 to 196.1035, or corresponding laws of other states.
3. The director may, at any time, require from the nonparticipating manufacturer proof from the financial institution, in which such manufacturer has established a qualified escrow fund for the purpose of compliance with section 196.1003, of the amount of money in such fund exclusive of interest, and the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund.
4. In addition to any other information required to be submitted under sections 196.1020 to 196.1035, the director may require a stamping agent or tobacco product manufacturer to submit any additional information, including but not limited to samples of the packaging or labeling of each brand family, as is necessary to enable the director to determine whether a tobacco product manufacturer is in compliance with sections 196.1020 to 196.1035.
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(L. 2010 S.B. 884)
Effective 7-07-10
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1032 - Remedies for violations — distribution of cigarettes prohibited, when — violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 07 Jul 2010, see footnote
196.1032. Remedies for violations — distribution of cigarettes prohibited, when — violations, penalty. —
1. In addition to, or in lieu of, any other civil or criminal remedy provided by law, upon a determination that a stamping agent or any person has violated subsection 3 of section 196.1023 or any regulation adopted under subsection 3 of section 196.1023, the director may revoke or suspend the license of any stamping agent in the manner provided in subsection 3 of section 149.035. Each stamp affixed and each sale, or offer to sell, cigarettes in violation of subsection 3 of section 196.1023 shall constitute a separate violation. Upon a determination of a violation of subsection 3 of section 196.1023 or any regulations adopted thereunder, the director may impose a civil penalty in an amount not to exceed the greater of five hundred percent of the retail value of the cigarettes or five thousand dollars for each such violation.
2. Any cigarettes deemed by a court of competent jurisdiction to have been sold, offered for sale, or possessed for sale in this state in violation of subsection 3 of section 196.1023 shall be contraband and such cigarettes shall be subject to seizure and forfeiture as provided in chapter 149 and all such cigarettes so seized and forfeited shall be destroyed and not resold.
3. The attorney general, on behalf of the director, may seek an injunction to restrain a threatened or actual violation of subsection 3 of section 196.1023, or subsection 1 or 4 of section 196.1029 by a stamping agent and to compel a stamping agent to comply with such provisions. In any successful action brought under this section, the state may be entitled to recover the costs of investigation and action including reasonable attorney fees.
4. It shall be unlawful for a person to sell or distribute cigarettes, or acquire, hold, own, possess, transport, import, or cause to be imported, cigarettes that the person knows or should know are intended for distribution or sale in the state in violation of subsection 3 of section 196.1023. A violation of this subsection shall be a class A misdemeanor.
5. A person who violates subsection 3 of section 196.1023 shall be deemed to have engaged in an unfair practice in violation of section 407.020.
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(L. 2010 S.B. 884)
Effective 7-07-10
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1050 - Opioid addiction treatment, any opioid-related settlement moneys to be used for — fund established.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
Effective - 28 Aug 2023, 3 histories
196.1050. Opioid addiction treatment, any opioid-related settlement moneys to be used for — fund established. —
1. The proceeds of any monetary settlement or portion of a global settlement between the attorney general of the state and any drug manufacturers, distributors, pharmacies, or combination thereof to resolve an opioid-related cause of action against such drug manufacturers, distributors, pharmacies, or combination thereof in a state or federal court shall only be utilized to pay for opioid addiction treatment and prevention services and health care and law enforcement costs related to opioid addiction treatment and prevention. Under no circumstances shall such settlement moneys be utilized to fund other services, programs, or expenses not reasonably related to opioid addiction treatment and prevention.
2. (1) There is hereby established in the state treasury the "Opioid Addiction Treatment and Recovery Fund", which shall consist of the proceeds of any settlement described in subsection 1 of this section, as well as any funds appropriated by the general assembly, or gifts, grants, donations, or bequests. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and money in the fund shall be used by the department of mental health, the department of health and senior services, the department of social services, the department of public safety, the department of corrections, and the judiciary for the purposes set forth in subsection 1 of this section.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
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(L. 2020 H.B. 1682, A.L. 2022 H.B. 2162, A.L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 106)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1100 - Trust fund established, purpose — reversion to general revenue prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003
196.1100. Trust fund established, purpose — reversion to general revenue prohibited. —
1. There is hereby established in the state treasury the "Life Sciences Research Trust Fund" to be held separate and apart from all other public moneys and funds of the state, including but not limited to the tobacco securitization settlement trust fund established in section 8.550. The state treasurer shall deposit into the fund twenty-five percent of all moneys received from the master settlement agreement, as defined in section 196.1000, beginning in fiscal year 2007 and in perpetuity thereafter. Moneys in the fund shall not be subject to appropriation for purposes other than those provided in sections 196.1100 to 196.1130 without a majority vote in each house of the general assembly. All moneys in the fund shall be used for the purposes of sections 196.1100 to 196.1130 only. Notwithstanding the provisions of section 33.080 to the contrary, the moneys in the fund shall not revert to the credit of general revenue at the end of the biennium.
2. Moneys in the life sciences research trust fund shall be used strategically, in cooperation with other governmental and not-for-profit private entities, to enhance the capacity of the state of Missouri's ability to perform research to better serve the health and welfare of the residents of the state of Missouri as a center of life sciences research and development by building on the success of research institutions located in Missouri, creating in and attracting to Missouri new research and development institutions, commercializing the life sciences technologies developed by such institutions, and enhancing their capacity to carry out their respective missions.
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(L. 2003 H.B. 688)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1103 - Board established — appointment, terms, qualifications, expenses, appointment to life sciences committee not to disqualify for membership on board.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2014, 2 histories
196.1103. Board established — appointment, terms, qualifications, expenses, appointment to life sciences committee not to disqualify for membership on board. —
The management, governance, and control of moneys appropriated from the life sciences research trust fund shall be vested in the "Life Sciences Research Board" which is hereby created in the department of economic development as a type III agency and which shall consist of seven members. The following provisions shall apply to the life sciences research board and its members:
(1) Each member shall be appointed by the governor with the advice and consent of the senate pursuant to the procedures herein set forth for a term of four years; except that, of the initial members of the board appointed, three shall be appointed for two-year terms and four shall be appointed to four-year terms;
(2) The members of the board shall be generally familiar with the life sciences and current research trends and developments with either technical or scientific expertise in life sciences and with an understanding of the application of the results of life sciences research. The appointment of a person to the life sciences research committee created by Executive Order 01-10 issued by the governor on July 23, 2001, shall not disqualify a person from serving as a member, either contemporaneously or later, on the life sciences research board;
(3) No member of the life sciences research board shall serve more than two consecutive full four-year terms;
(4) The members of the life sciences research board shall receive no salary or other compensation for their services as a member of the board, but shall receive reimbursement for their actual and necessary expenses incurred in performance of their duties as members of the board.
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(L. 2003 H.B. 688, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1112 - Projects for centers to be determined by board, subject to peer review — distribution of funds, amounts authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003
196.1112. Projects for centers to be determined by board, subject to peer review — distribution of funds, amounts authorized. —
In determining projects to authorize, the life sciences research board shall consider those proposals endorsed by a center for excellence, subject to a process of peer review conducted under the auspices of the board, and shall also consider the potential of any proposal to bring both health and economic benefits to the people of Missouri. Specifically, at least eighty percent of the moneys that are appropriated to the board in each fiscal year shall be distributed to public and private not-for-profit institutions or organizations whose programs and proposals have been recommended by a center for excellence that meets the requirements set forth in subdivisions (8) and (9) of section 196.1106. Collectively, the institutions or organizations within a single center for excellence shall receive in a single fiscal year no more than fifty percent of the moneys appropriated to the board during such fiscal year. No single institution or organization shall receive in any consecutive three-fiscal-year period more than forty percent of the moneys appropriated to the board during such three-fiscal-year period.
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(L. 2003 H.B. 688)