reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.531 - Referendum defeated — organization may call other referendums — assessment retention to be subject to vote every ten years.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 2002
263.531. Referendum defeated — organization may call other referendums — assessment retention to be subject to vote every ten years. —
1. In the event any referendum conducted under sections 263.500 to 263.537 fails to receive the required number of affirmative votes, the certified organization may, with the consent of the department be authorized to call other referendums.
2. After the passage of any referendum, the eligible voters shall be allowed, by the subsequent referendums, at least every ten years, to vote on whether to continue their assessments.
3. All the requirements for an initial referendum shall be met in subsequent referendums.
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(L. 1995 S.B. 66 § 14, A.L. 2002 H.B. 1348 merged with S.B. 865)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.534 - Failure to pay assessment, penalties and interest — lien also authorized on cotton crop subject to assessment, priority of lien.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 2004
263.534. Failure to pay assessment, penalties and interest — lien also authorized on cotton crop subject to assessment, priority of lien. —
1. A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under sections 263.500 to 263.537 shall be subject to a per-acre penalty as established in the department's regulations, in addition to the assessment.
2. A cotton grower who fails to pay all assessments, including penalties, within thirty days of notice of penalty, shall destroy any cotton plants growing on his acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance.
3. The department may petition the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed with all costs of destroying to be levied against the grower. Injunctive relief shall be available to the department notwithstanding the existence of any other legal remedy, and the department shall not be required to file a bond.
4. In addition to any other remedies for the collection of assessments, including penalties and interest, the department shall have an assessment lien that attaches and is perfected sixty days after the date the department mails notice of the assessment and shall cover any cotton crop grown by the grower, including future crops, and the proceeds of the cotton sale, until the assessment, including penalties and interest, is paid in full. The department shall notify the farm service agency and first handlers of cotton, including buyers, lienholders on the cotton, and ginners, of liens attached within thirty days of the date of perfections. This assessment lien is not an agricultural lien for purposes of, and is not subject to the provisions of Article 9 of the Uniform Commercial Code-Secured Transactions, as embodied in sections 400.9-101 to 400.9-508. Such lien shall attach in preference to any prior lien, encumbrance or mortgage upon such cotton.
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(L. 1995 S.B. 66 § 15, A.L. 2004 S.B. 740, et al.)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 263 - Insect Pests and Weeds › Section 263.537 - Boll weevil suppression and eradication fund established, purpose — department may retain amount to cover costs of administration — reversion to general revenue prohibited.

Title XVII AGRICULTURE AND ANIMALS
Chapter 263
• Effective - 28 Aug 1998
263.537. Boll weevil suppression and eradication fund established, purpose — department may retain amount to cover costs of administration — reversion to general revenue prohibited. —
There is hereby created in the state treasury the "Boll Weevil Suppression and Eradication Fund". Moneys in the fund shall be used exclusively for the administration of the program enumerated in sections 263.500 to 263.537. The director of the department may retain a sum not to exceed one percent of the balance of the fund established pursuant to section 263.527
*
per annum to cover actual administrative costs incurred in the administration of sections 263.500 to 263.537. Such amounts shall be transferred from the director to the director of revenue for deposit in the boll weevil suppression and eradication fund. All money credited to the fund created pursuant to this section shall be appropriated by the general assembly for the use and benefit of the department and specified in the annual appropriations to the department for administration of the program referenced in this section. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.
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(L. 1995 S.B. 66 § 16, A.L. 1998 H.B. 1859)
*Number "263.257" appears in original rolls.
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.011 - Title of law.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1978
264.011. Title of law. —
Sections 264.011 to 264.111 shall be known and may be cited as the "Missouri Apiculture Law".
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(L. 1978 S.B. 683 § 1)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.021 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1989
264.021. Definitions. —
As used in sections 264.011 to 264.101, unless the context clearly requires otherwise, the following terms mean:
(1)
"Apiary"
, any place or location where one or more colonies or nuclei of bees are kept;
(2)
"Authorized official"
, the state official authorized to inspect apiaries in the state of origin of bees being transported into the state of Missouri;
(3)
"Beekeeper"
, any individual, person, firm, association or corporation owning, possessing or controlling one or more colonies of bees for the production of honey, beeswax or by-products thereof, or for the pollination of crops for either personal or commercial use;
(4)
"Beekeeping equipment"
, all hives, supers, frames or other devices used in the rearing or manipulation of bees, their brood, honey or containers thereof which may be or may have been used in any apiary;
(5)
"Bees"
, any stage of the common honey bee, Apis mellifera, or other bees kept for the production of honey or wax or existing in the wild or feral state;
(6)
"Colony"
, the bees inhabiting a single hive, nuclei box or other dwelling place;
(7)
"Director"
, the director of the state department of agriculture;
(8)
"Disease"
, American or European foulbrood and any other infectious, contagious or communicable disease affecting bees or their brood;
(9)
"Eradicate"
, the complete destruction of infected or undesirable bees and equipment by burning or treatment approved by the state entomologist;
(10)
"Extermination"
, the complete destruction of bee colonies;
(11)
"Hive"
, any domicile with removable frames for keeping bees;
(12)
"Inspector"
, a person appointed by the director to check for diseased conditions or pest infestations in one or more apiaries or bees in the wild or feral state as authorized by this chapter;
(13)
"Pests"
, the honey bee mite, Acarapis woodi; the varroa mite, Varroa jacobsoni; the Africanized honey bee, Apis mellifera scutellata; and any other arthropod pest detrimental to honey bees.
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(L. 1978 S.B. 683 § 2, A.L. 1985 H.B. 180, A.L. 1989 H.B. 134)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.031 - Inspectors, qualifications, compensation.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1985
264.031. Inspectors, qualifications, compensation. —
Every person appointed by the director as an apiary inspector shall be a practical beekeeper who before his appointment shall furnish the director with satisfactory evidence that he possesses a practical knowledge of beekeeping and is familiar with the diagnosis and treatment of bee diseases or that he is a graduate of an agricultural college with qualifying training in apiculture. The director shall fix reasonable compensation for all employees and contract employees considering the duties performed and the available appropriations.
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(L. 1978 S.B. 683 § 3, A.L. 1985 H.B. 180)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.051 - Certificates of health, expiration — quarantine — eradication.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1985
264.051. Certificates of health, expiration — quarantine — eradication. —
1. If, by reason of any owner-requested inspection, the director is satisfied that no apparent disease or pest exists in any colony in an apiary, he shall issue to the owner thereof a certificate of health setting out therein the date of the inspection, the number of colonies therein and the results of the inspection. This certificate shall expire ninety days after the inspection.
2. If, by reason of any inspection, the director is satisfied of the existence of any disease or pest, he shall notify the beekeeper owning the apiary, in writing, of the results of the inspection, setting out the number and location of infected colonies and informing him of the proper methods of treating the infected colonies. Any apiary infected with any contagious or infectious bee disease or pest may be declared under quarantine and the owner thereof shall be prohibited from moving such apiary, bees, honey, wax or used beekeeping equipment. The owner shall thereafter eliminate the diseased or pest infested condition within the apiary or equipment, or both, to the satisfaction of the director. The quarantine will then be lifted. If, by the time of the next inspection, which will be no more than one year after the initial inspection, the diseased or pest infested condition has not been eliminated, the director shall supervise the eradication of the diseased or pest infested bees and equipment, or shall otherwise eliminate the diseased or pest infested condition and lift the quarantine on any remaining bees.
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(L. 1978 S.B. 683 § 5, A.L. 1985 H.B. 180)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.061 - Movement permit required, when — form — issuance — fee — verbal authorization.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 2019, 2 histories
264.061. Movement permit required, when — form — issuance — fee — verbal authorization. —
1. It is unlawful to move, carry, transport or ship bees, combs or used beekeeping equipment into the state of Missouri unless accompanied by a valid permit issued by the director of the department of agriculture. Applications for permit to transport bees or used beekeeping equipment into the state shall be submitted on a form approved by the director. This application form must be accompanied by a certificate of health, issued by the authorized official of the state from which the bees are to be moved, certifying that the bees and used beekeeping equipment have been inspected by an approved inspector, during a period of active brood rearing, within ninety days prior to the proposed date of movement, and that such bees and used beekeeping equipment were found apparently free from any diseases or pests. Each application shall disclose the number of colonies of bees to be transported and a description of the location or locations where said bees are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping equipment into the state, accompanied by a proper certificate of health and an application fee of ten dollars per application, the director shall issue the desired permit. This shall not apply to honey bees from quarantined areas outside the state of Missouri. These quarantines shall include all federal, state or Missouri exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with the rules made pursuant to this chapter.
2. Regardless of the above provisions of this section, the director shall have the authority to issue a permit without inspection to the person or persons owning such bees and equipment if he or she is satisfied that such bees and equipment were certified and moved from the state of Missouri within ninety days prior to the desired date of reentry and have not been exposed to diseased or pest infected bees or equipment.
3. A verbal authorization may be allowed by the Missouri director if the written permit outlined above has been requested but has not been received by the time that the bees are to be moved.
4. Combless packages of bees or queens, or both, are admitted into Missouri, without a Missouri permit, when accompanied by a valid certificate of inspection from the state of origin stating they are free of diseases and pests. This shall not apply to honey bees from quarantined areas outside the state of Missouri. These quarantines shall include all federal, state or Missouri exterior quarantines. Importation of honey bees from quarantined areas shall be in accordance with the rules made pursuant to this chapter.
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(L. 1978 S.B. 683 § 6, A.L. 1985 H.B. 180, A.L. 1989 H.B. 134, A.L. 2019 S.B. 133)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.063 - Quarantined areas outside state — seizure — inspection — eradication.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1985
264.063. Quarantined areas outside state — seizure — inspection — eradication. —
Whenever the director shall find that there exists in any other state, territory or district or part thereof, any harmful pests or diseases of honey bees, he may promulgate and enforce by appropriate rules, a quarantine prohibiting the importation of or the transportation into or through this state or any portion thereof, from such other state, territory or district, any honey bees, used beekeeping equipment or any other article or product capable of carrying such pests or diseases. The director may make rules for the seizure, inspection, disinfection, eradication, destruction or other disposition of any honey bees, used beekeeping equipment or any other regulated article or product capable of carrying such pests or diseases in violation of this quarantine.
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(L. 1985 H.B. 180)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.071 - Revocation of movement permit, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1978
264.071. Revocation of movement permit, procedure. —
Any permit for movement of bees or used beekeeping equipment into the state, or any health certificate, may be revoked for cause by the director. Notice of such revocation shall be in writing and shall be mailed, by certified mail, to the last known address of the holder of the permit or certificate.
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(L. 1978 S.B. 683 § 7)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.081 - Hearings on refusals or revocations, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1978
264.081. Hearings on refusals or revocations, procedure. —
Any person who is refused any permit or certificate of health, or who has had any permit or certificate revoked, may request a hearing before the director of agriculture. The request must be made in writing no later than thirty days after the date on which such person was notified of the denial or revocation of a permit or certificate of health.
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(L. 1978 S.B. 683 § 8)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.091 - Right of entry.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1985
264.091. Right of entry. —
The director, his assistants, or inspectors shall have the right of entry for the performance of his official duties upon any premises where bees are kept only when the director, his assistants, or inspectors have probable cause to believe that the bees located on such premises are diseased or pest infested.
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(L. 1978 S.B. 683 § 9, A.L. 1985 H.B. 180)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.095 - Powers and duties of director — rulemaking, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1995
264.095. Powers and duties of director — rulemaking, procedure. —
1. The director shall, from time to time, make rules for carrying out the provisions and requirements of sections 264.011 to 264.101, including rules under which inspectors and other employees shall:
(1) Inspect apiaries and equipment associated with apiculture;
(2) Investigate, control, eradicate and prevent the dissemination of honey bee diseases and pests; and
(3) Supervise or cause the treatment, control or destruction of honey bees infected with diseases or pests.
2. The director shall also make rules which establish standards and procedures for determining the compensation and the working conditions for all employees and contract employees. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1985 H.B. 180, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 264 - Apiaries › Section 264.101 - Penalties.

Title XVII AGRICULTURE AND ANIMALS
Chapter 264
• Effective - 28 Aug 1985
264.101. Penalties. —
Any person who shall violate any provision or requirement of sections 264.011 to 264.101, or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in sections 264.011 to 264.101, shall be deemed guilty of a class A misdemeanor.
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(L. 1978 S.B. 683 § 10, A.L. 1985 H.B. 180)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.010 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1949
265.010. Definitions. —
As used in this chapter, the following words and terms shall have the meaning indicated:
(1)
"Agricultural products"
shall include horticultural, viticultural, dairy, bee, and any farm product;
(2)
"Bushel"
, as applied to apples, when sold by the volume shall be 2150.4 cubic inches, and when sold by weight, means forty-eight pounds;
(3)
"Director"
means the director of the department of agriculture of Missouri;
(4)
"Grower"
, as applied to apples, any person owning or operating an orchard and engaged in the production in Missouri of apples for sale;
(5)
"Packer"
, as applied to apples, any person who packs apples for shipment or sale;
(6)
"Processing"
or
"manufacturing"
, as applied to apples, the commercial drying, dehydrating, canning, pressing, powdering, extracting or use in producing or manufacturing a by-product or manufactured article;
(7)
"Shipment"
and
"shipped"
, as applied to apples, shall be deemed to take place when the apples are loaded in the railroad car, motor vehicle, boat, wagon, or other conveyance to be transported. Apples being moved from the orchard where grown to a packing house or warehouse within the immediate area of production shall not be deemed a shipment or to be shipped;
(8)
"Shipper"
, as applied to apples, any person who moves apples in the channels of trade, whether retail, wholesale or by consignment.
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(RSMo 1939 § 14290, A.L. 1941 p. 305, A. 1949 S.B. 1093)
Prior revision: 1929 § 12628
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.020 - Director to promulgate standards — rulemaking, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1995
265.020. Director to promulgate standards — rulemaking, procedure. —
In order to promote, protect, further, and develop the agricultural interests of this state the director is hereby authorized and empowered after investigation and public hearing to fix and promulgate rules for grading and classifying any or all agricultural products grown or produced in this state and to fix and promulgate rules for containers of farm products and change any of them from time to time. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(RSMo 1939 § 14291, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Prior revision: 1929 § 12629
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.030 - Director to specify dates when standards become effective.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1939
265.030. Director to specify dates when standards become effective. —
In promulgating the standards or any alterations or modifications of such standards the director shall specify the date or dates when the same shall become effective and shall give public notice not less than thirty days in advance of such date or dates by such means as he deems proper, and he is hereby authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by him for any agricultural product or container.
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(RSMo 1939 § 14292)
Prior revision: 1929 § 12630
CROSS REFERENCE:
Rules or regulations to be filed in office of the secretary of state, when effective, Chap. 536
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.040 - Authorized to cooperate with United States or any department.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1993
265.040. Authorized to cooperate with United States or any department. —
The director is authorized to fix and promulgate rules for this state for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States, and in carrying out the provisions of this chapter the director is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein.
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(RSMo 1939 § 14293, A.L. 1993 S.B. 52)
Prior revision: 1929 § 12631
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.050 - Appointment of agents — bond — action on bond.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1939
265.050. Appointment of agents — bond — action on bond. —
The director may appoint employees and agents to assist in carrying out the provisions of this chapter, and may fix their compensation. The director may require any such employee or agent and any inspector licensed under this chapter to execute and file with him a good and sufficient bond, payable to the state, in such sum, not exceeding one thousand dollars and with such sureties, as he may prescribe, conditioned upon the faithful performance of such employee, agent or licensed inspector of his duties as such employee, agent, or licensed inspector. Any person injured by the failure of such employee, agent or licensed inspector faithfully to perform such duties shall be entitled to sue on such bond in his own name in any court of competent jurisdiction for the recovery of such damages as he may have sustained by reason of such failure.
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(RSMo 1939 § 14298)
Prior revision: 1929 § 12636
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.060 - Appointment of inspectors — fees — suspension or revocation of license.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1959
265.060. Appointment of inspectors — fees — suspension or revocation of license. —
1. The director, at the request of interested producers, may designate any competent employee or agent of the department of agriculture and may license any other competent person and collect a reasonable fee for such license, to inspect and classify agricultural products in accordance with regulations established for the protection of the consuming public. The director may revoke any license for cause after a hearing or suspend any license temporarily without a hearing.
2. The director may determine the amount needed and collect from the producers sufficient money to defray the shipping point inspection costs, and the general assembly may appropriate funds from general revenue to be used for supervisory costs of the inspection service.
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(RSMo 1939 § 14294, A.L. 1959 H.B. 128)
Prior revision: 1929 § 12632
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.070 - Appeal of inspector's decision — reasonable fee.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1939
265.070. Appeal of inspector's decision — reasonable fee. —
Whenever any quantity of any agricultural product shall have been inspected hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality or condition of such product, any interested person, subject to such regulations as the director may prescribe, may appeal the question to him and he is authorized to cause such investigation to be made and such tests to be applied as he may deem necessary and to determine and issue a finding of the true grade or classification of the product or of the quality or condition thereof. Whenever an appeal shall be taken to the director under this chapter, he shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him which shall be refunded if the appeal is sustained.
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(RSMo 1939 § 14295)
Prior revision: 1929 § 12633
CROSS REFERENCE:
Administrative procedure and review, Chap. 536
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.080 - Certificate to be prima facie evidence.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1939
265.080. Certificate to be prima facie evidence. —
A certificate when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any agricultural product, issued under this chapter and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of agricultural products shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of such agricultural product at the time of its inspection.
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(RSMo 1939 § 14296)
Prior revision: 1929 § 12634
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.110 - Misrepresentation of grade, classification, quality or condition — penalty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
Effective - 28 Aug 1939
265.110. Misrepresentation of grade, classification, quality or condition — penalty. —
If any quantity of any agricultural product shall have been inspected and a certificate issued hereunder showing the grade, classification, quality or condition thereof no person shall represent that the grade, classification, quality or condition of such product at the time and place of such inspection was other than as shown by such certificate. Whenever any standard for the grading or classification of any agricultural product becomes effective under this chapter, it shall be unlawful in or in connection with any transaction or transactions involving such product in commerce subject to the jurisdiction of this state or in any publication in this state of a price or prices for or in connection with such transaction or transactions for any person to indicate the grade of any agricultural product which is of or within the grades fixed in said standard for such product by any name, description or designation or any system of names, descriptions or designations not used in said standard. Whenever any standard for a container for an agricultural product becomes effective under this chapter, no person thereafter shall manufacture for commerce within the jurisdiction of this state, or sell, ship, or offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable which does not comply with such standard subject to such tolerances as may be permitted under this chapter. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars or not more than one hundred dollars.
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(RSMo 1939 § 14300)
Prior revision: 1929 § 12638
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.120 - Rules for grading apples.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1993
265.120. Rules for grading apples. —
The director shall, as provided in section 265.020, fix and promulgate rules for grading and classifying apples; provided, that such grades shall not conflict with any such grades or standards promulgated by the United States Department of Agriculture, except as marketing conditions in Missouri require the establishment of additional state grades.
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(RSMo 1939 § 14301, A.L. 1993 S.B. 52)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.130 - Apples — how marked — exemptions — penalty for violation.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1945
265.130. Apples — how marked — exemptions — penalty for violation. —
All apples which are sold, offered or exposed for sale in Missouri shall be plainly and conspicuously marked with a sign bearing the name of the variety, the minimum size and the grade, and each package of apples which is sold, offered, exposed, or packaged for sale by a grower or packer shall, in addition, be plainly and conspicuously marked with the name and address of the grower or packer. The director shall exempt from the provisions of this section apples which are marked with, and meet the requirements of, grades of the United States Department of Agriculture or well established grades promulgated by other states; provided, that such apples are otherwise marked in accordance with the provisions of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. In addition, any apples found to be offered or exposed for sale in violation of this section may be ordered temporarily withdrawn from sale by the director, pending either informal adjustment according to law between the director or his duly authorized representative, and the person in charge of the apples in question, or the filing of a formal complaint, without undue delay, with the attorney general or prosecuting attorney.
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(RSMo 1939 § 14302, A.L. 1951 p. 305, A.L. 1945 p. 74)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.140 - Director to enforce — powers.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1945
265.140. Director to enforce — powers. —
The director shall be charged with the enforcement of the provisions of this chapter and for that purpose shall have the power:
(1) To enter and inspect personally, or through any authorized representative, any place within the state of Missouri where apples are sold, offered or exposed for sale, and to inspect such places and all apples and apple containers found in any such place;
(2) To inspect personally, or through any authorized representative, any records required of Missouri apple growers in connection with the enforcement of this chapter;
(3) To stop any wagon, truck, or other vehicle upon any public street or road or upon any highway of the state for the purpose of inspecting any apples that may be so transported;
(4) To make, publish and enforce such uniform rules and regulations as are necessary for carrying out the provisions of this chapter.
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(RSMo 1939 § 14303, A.L. 1945 p. 74)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.150 - Merchandising fee imposed — exemptions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1945
265.150. Merchandising fee imposed — exemptions. —
There is hereby levied and imposed upon all apples grown in Missouri in 1945 and annually thereafter, a merchandising fee of one cent per bushel whether packed in any style package, loose in baskets, boxes, crates, or any other container, or in bulk; provided, that the provisions of this section shall not apply to apples shipped or sold for processing or manufacturing purposes; and further provided, the provisions of this section shall not be so construed as to apply to apples consumed, processed or manufactured on the premises of the grower; and further provided, that the provisions of this section shall not apply to cull apples as defined by the director under the provisions of sections 265.020 and 265.120; and further provided, that of each grower's production, not to exceed two hundred bushels of apples shall be exempted from the provisions of this section.
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(L. 1941 p. 305 § 14303a, A.L. 1945 p. 74)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.160 - Fees, when due — installment payments — records and reports of growers — penalty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1945
265.160. Fees, when due — installment payments — records and reports of growers — penalty. —
All fees levied and imposed by sections 265.130 to 265.210 shall be due and payable during the calendar year as follows: Twenty-five percent or more, based on the grower's estimate, prior to October first; fifty percent or more, based on the grower's estimate prior to December first, and twenty-five percent, or the balance, prior to or on December thirty-first. The director shall require that every grower of apples secure a certificate for shipment of apples; provided, that each grower securing a certificate shall be furnished free of charge by the director suitable forms for recording the harvest, use and sale of apples from his orchard. It shall be the duty of every grower to keep a complete record of all apples harvested, used, and shipped from his orchard. A copy of such record as herein required shall be retained by the grower for a period of one year from the date thereof and shall at all times be available for and open to the inspection of the director or his authorized representative. The burden of establishing the accuracy of any such record or copy thereof shall rest on the grower making such record. It shall be the duty of every grower to submit to the director not later than December thirty-first each year a certified summary of apples produced, harvested, used and shipped during the preceding crop season. Such summary shall be entered on forms provided or approved by the director. Any person who shall violate or aid in the violation of any provision of this section shall be guilty of a misdemeanor.
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(L. 1941 p. 305 § 14303b, A.L. 1945 p. 74)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.170 - Unpaid fees to bear interest — manner of collection.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1945
265.170. Unpaid fees to bear interest — manner of collection. —
Any fee imposed by sections 265.130 to 265.210 and unpaid on the date on which such fee was due and payable, as provided in section 265.160, shall bear interest at the rate of one percent per month from and after such date until payment, plus accrued interest, is received by the director. If, after due notice, any person defaults in any payment of any fee or interest thereon, the amount due shall be collected by civil action in the name of the state of Missouri at the relation of the director, and the person adjudged in default shall pay the cost of such action. The attorney general, at the request of the director, and, if requested by the attorney general, the prosecuting attorney of any county in which a cause of action arose under the provisions of sections 265.130 to 265.210 for the collection of fees due and unpaid, shall forthwith institute proper action in the courts of this state for the collection of fees or interest thereon due under said sections.
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(L. 1941 p. 305 § 14303c, A.L. 1945 p. 74)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.180 - Creation of apple merchandising fund, not transferable.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1949
265.180. Creation of apple merchandising fund, not transferable. —
1. All moneys received by the director under the provisions of section 265.150 shall be paid to the state treasurer to be credited to the "Apple Merchandising Fund" which is hereby created.
2. All moneys credited to the apple merchandising fund shall be appropriated by the general assembly only for the purposes as herein set forth, to be used exclusively for the administration and enforcement of sections 265.130 to 265.210, including the collection of fees, the payment for personal services and expenses of employees and agents of the director, and the payment of rent, services, materials and supplies necessary to effectuate the purposes and object of sections 265.130 to 265.210.
3. The unexpended balance in the apple merchandising fund at the end of the biennium shall not be transferred to the ordinary 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 ordinary revenue funds of the state by the state treasurer.
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(L. 1941 p. 305 § 14303d, A. 1949 S.B. 1093)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.190 - Expenditure of moneys.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1941
265.190. Expenditure of moneys. —
All moneys collected under sections 265.130 to 265.210 shall be expended by the director of the department of agriculture only as authorized in writing by the executive board of the Missouri state horticultural society, as defined in section 262.020, and shall be expended exclusively to administer and enforce sections 265.130 to 265.220, and to effectuate the purposes and objects thereof.
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(L. 1941 p. 305 § 14303e)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.200 - Powers and duties of Missouri state horticultural society.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 2008
265.200. Powers and duties of Missouri state horticultural society. —
The executive board of the Missouri state horticultural society shall have the power and duty:
(1) To authorize the director to expend, within the appropriations provided therefor, a designated amount of the moneys in the apple merchandising fund in the enforcement of sections 265.130 and 265.140, referring to the labeling of apples;
(2) To authorize the director to expend, within the appropriations provided therefor, a reasonable amount of the moneys in the apple merchandising fund in the administration of sections 265.150 to 265.180, referring to the collection of levies imposed by this chapter;
(3) To authorize the director to apportion, within the appropriations provided therefor, a reasonable amount of the moneys in the apple merchandising fund to the agriculture business development fund;
(4) To plan and to authorize the director to conduct a campaign of education, advertising, publicity and sales promotion to increase the consumption of Missouri apples and the director may contract for any advertising, publicity and sales promotion service. To accomplish such purpose the director shall have power and it shall be the duty of the director, within the appropriations provided therefor, to disseminate information:
(a) Relating to apples and the importance thereof in preserving the public health, the economy thereof in the diet of the people, and the importance thereof in the nutrition of children;
(b) Relating to the problem of furnishing the consumer at all times with a supply of good quality apples at reasonable prices;
(c) Relating to such other, further and additional information as shall tend to promote increased consumption of Missouri apples, and as may foster a better understanding and more efficient cooperation between producers, dealers and the consuming public;
(5) To cooperate with other state, regional and national agricultural organizations and may at its discretion authorize the director to expend within the appropriations provided therefor moneys of the apple merchandising fund for such purposes.
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(L. 1941 p. 305 § 14303f, A.L. 1957 p. 25, A.L. 2008 S.B. 931)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.210 - Duty of state and county officers.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1941
265.210. Duty of state and county officers. —
It shall be the duty of all state and county law enforcement officers to assist in the enforcement of sections 265.130 to 265.210.
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(L. 1941 p. 305 § 14303g)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.220 - Prosecutions, procedure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1939
265.220. Prosecutions, procedure. —
Prosecutions under this chapter shall be begun and carried on in the same manner as other prosecutions for misdemeanors in this state.
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(RSMo 1939 § 14305)
Prior revision: 1929 § 12639
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.280 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1999
265.280. Definitions. —
As used in sections 265.280 to 265.289, the following terms mean:
(1)
"Fresh meat"
, any quarter, half or whole carcass of beef, pork or mutton, or any cut or portion thereof which has not been canned or cooked;
(2)
"Ground meat"
includes any meat subsequently ground or commingled and any portion of which is imported from a foreign nation;
(3)
"Person"
, any individual, firm, partnership, association or corporation;
(4)
"Sales at retail"
, sales at any retail grocery store, butcher shop, delicatessen, or other place where fresh meat is sold at retail for consumption off-premises.
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(L. 1999 S.B. 310 § 7)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.283 - Sale of fresh meat from a foreign nation, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1999
265.283. Sale of fresh meat from a foreign nation, when. —
No person shall knowingly sell at wholesale or retail any fresh meat imported from any foreign nation without complying with all of the provisions of sections 265.280 to 265.289.
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(L. 1999 S.B. 310 § 8)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.286 - Label to include country of origin.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1999
265.286. Label to include country of origin. —
On each quarter, half or whole carcass of imported fresh meat offered for sale at wholesale or retail, and also on any individually wrapped or packaged cut or portion thereof, there shall either be placed a label or brand clearly indicating the country of origin of the meat or a conspicuous, legible and clearly visible sign indicating the country of origin of the meat. Where unwrapped or unpackaged cuts or slices are displayed in a tray or case for selection by the patron, each tray or case shall have a conspicuous, legible and clearly visible sign or label indicating the country of origin. Every tray or other container of hamburger, ground meat, sausage, or other fresh meat displayed in the bulk shall have a sign or label conforming to the same requirements. All signs required by this section
*
shall be placed to clearly indicate for which cuts of meat or trays of meat such sign is intended.
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(L. 1999 S.B. 310 § 9)
*Word "subsection" appears in original rolls.
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 265 - Regulation and Marketing of Agricultural Products › Section 265.289 - Department to enforce provisions — violations, procedure, penalty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 265
• Effective - 28 Aug 1999
265.289. Department to enforce provisions — violations, procedure, penalty. —
1. The department of agriculture shall enforce the provisions of sections 265.280 to 265.289.
2. Any person found to be in violation of any provision of sections 265.280 to 265.289 shall be issued a notice of violation. The notice shall state the date issued, the name and address of the person to whom issued, the nature of the violation, the statute or regulation violated, and the name and position of the person issuing the notice. The notice shall also contain a warning that the violation may result in an informal or formal administrative hearing or both.
3. Any person issued a notice of violation may be afforded an opportunity by the director of the department of agriculture to explain such facts at an informal hearing to be conducted within fourteen days of such notification. In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before the director or a designated hearing officer conducted in conformance with chapter 536, and if found to have committed two or more violations within twelve months, may be ordered to cease and desist from such violations, such order may be enforced in the circuit court, and, in addition, may be required to pay a penalty of not more than five hundred dollars per violation. Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which the party resides, or if the party is the state, in Cole County, in accordance with chapter 536.
4. Any penalty assessed and collected by the director shall be deposited with the state treasurer to the credit of the general revenue fund of the state.
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(L. 1999 S.B. 310 § 10)