reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.855 - Liability, immunity from, when.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
404.855. Liability, immunity from, when. —
A third person, if acting in good faith, may rely and act on the instruction of and deal with the attorney in fact acting pursuant to the authority granted in a power of attorney for health care without liability to the patient or the patient's successors in interest.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.865 - Delegation of decision-making authority by attorney in fact prohibited, when.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
404.865. Delegation of decision-making authority by attorney in fact prohibited, when. —
Notwithstanding the provisions of subsection 1 of section 404.723, an attorney in fact shall not be authorized to delegate such health care decision-making power to another person unless explicitly authorized by the patient in the durable power of attorney for health care to make such delegation.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.870 - Handicapped or disabled, discrimination against not allowed.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
404.870. Handicapped or disabled, discrimination against not allowed. —
Nothing in sections 404.710 to 404.865 shall be construed to authorize, approve or condone discrimination against the handicapped or the disabled in the exercise of the authority of a durable power of attorney for health care. Decisions based on factors listed in section 404.822 shall not be considered discriminatory.
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(L. 1991 S.B. 148 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.872 - Refusal to honor health care decision, discrimination prohibited, when.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1992
404.872. Refusal to honor health care decision, discrimination prohibited, when. —
No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be discharged or otherwise discriminated against in his employment or employment application for refusing to honor a health care decision withholding or withdrawing life-sustaining treatment if such refusal is based upon the individual's religious beliefs, or sincerely held moral convictions.
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(L. 1992 S.B. 573 & 634 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.005 - Digital electronic equipment definition.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 2021
407.005. Digital electronic equipment definition. —
As used in this chapter, unless the context clearly requires otherwise, the term
"digital electronic equipment"
shall mean any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product; provided however, that such term shall not include any motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer, or any product or service of a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in that capacity.
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(L. 2021 S.B. 176)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.010 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.010. Definitions. —
As used in sections 407.010 to 407.130, the following words and terms mean:
(1)
"Advertisement"
, the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise;
(2)
"Documentary material"
, the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated;
(3)
"Examination of documentary material"
, the inspection, study, or copying of such material, and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy thereof;
(4)
"Merchandise"
, any objects, wares, goods, commodities, intangibles, real estate or services;
(5)
"Person"
, any natural person or his legal representative, partnership, firm, for-profit or not-for-profit corporation, whether domestic or foreign, company, foundation, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;
(6)
"Sale"
, any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit;
(7)
"Trade"
or
"commerce"
, the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situated. The terms "trade" and "commerce" include any trade or commerce directly or indirectly affecting the people of this state.
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(L. 1967 p. 607 § 1, A.L. 1973 H.B. 55, A.L. 1986 S.B. 685)
Effective 5-01-86
(2003) Merchandising Practices Act applies to deceptive schemes conducted by out-of-state businesses and involving out-of-state consumers. State ex rel. Nixon v. Estes, 108 S.W.3d 795 (Mo.App.W.D.).
(2004) Medical goods and services constitute "merchandise" within definition of section. Freeman Health System v. Wass, 124 S.W.3d 504 (Mo.App.S.D.).
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.023 - Representation of a business at wholesale trade shows or markets — proof of agency required.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982
407.023. Representation of a business at wholesale trade shows or markets — proof of agency required. —
1. No person who alleges to represent a particular business at a wholesale trade show or market shall rent or lease space at the trade show or market unless he can produce written evidence of the agency relationship or contract status with the business he claims to represent; provided, however, that nothing herein contained shall apply to any trade show or market which in good faith endeavors to obtain evidence of said agency's relationship or contract status.
2. Any violation of this section is an unlawful merchandising practice.
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(L. 1982 H.B. 1031)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.030 - Voluntary compliance, assurance made, effect of — violation, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.030. Voluntary compliance, assurance made, effect of — violation, penalty. —
1. In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act, use, practice or solicitation deemed to be violative of this chapter from any person who has engaged in or is engaging in such a method, act, use, practice or solicitation. The assurance of voluntary compliance shall be in writing and shall be filed with and subject to the approval of the circuit court of the county in which the alleged violator resides or has his principal place of business, or the circuit court of Cole County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose.
2. Any person who violates the terms of an assurance of voluntary compliance entered into under subsection 1 of this section shall forfeit and pay to the state a civil penalty of not more than two thousand dollars per violation. For the purposes of this subsection, the circuit court of a county approving an assurance of voluntary compliance shall retain jurisdiction, and the attorney general acting in the name of the state may petition for recovery of civil penalties under this subsection.
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(L. 1967 p. 607 § 3, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-01-86
(1980) Attorney General not authorized to seek civil penalties for alleged violation of assurance of voluntary compliance; may seek injunctive relief under 407.100. State ex rel. Danforth v. European Health Spa (A.), 611 S.W.2d 250.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.045 - Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 31 May 1985, see footnote
407.045. Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure. —
In any civil investigative demand served under section 407.040, no individual shall be permitted to refuse to answer any question material to the matter in controversy or to refuse to produce documentary material or testify on the ground that the testimony or documentary material required of him may tend to incriminate him or subject him to any penalty; but, if such individual asserts his rights against self-incrimination, he shall not be subject to criminal prosecution or to any action for a criminal penalty or forfeiture on account of any transaction, matter or thing concerning which he may testify or produce documentary material. To avail himself of this section, such individual need only make his assertion of his right against self-incrimination on the record or known to the attorney general.
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(L. 1985 H.B. 96, et al.)
Effective 5-31-85
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.050 - Evidence, when and where produced.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1973, 2 histories
407.050. Evidence, when and where produced. —
Documentary material, information, or physical evidence demanded pursuant to the provisions of sections 407.010 to 407.130 shall be produced during normal business hours at the principal office or place of business of the person served, or at such other times and places as may be agreed upon by the person served and the attorney general.
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(L. 1967 p. 607 § 5, A.L. 1973 H.B. 55)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.060 - Disclosure of information, material or evidence, limitation on — trade secrets require court order, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.060. Disclosure of information, material or evidence, limitation on — trade secrets require court order, when. —
1. No information, documentary material, or physical evidence requested pursuant to a civil investigative demand issued under section 407.040 shall, unless otherwise ordered by a court for good cause shown, be produced for or the contents thereof be disclosed to, any person other than the authorized employee of the attorney general without the consent of the person who produced such information, documentary material or physical evidence; provided, that under such reasonable terms and conditions as the attorney general shall prescribe, such information, documentary material or physical evidence shall be made available for inspection and copying by the person who produced such information, documentary material or physical evidence, or any duly authorized representative of such person. The attorney general, or any attorney designated by him, may use the information, documentary material, or physical evidence in the enforcement of this chapter, by presentation before any court or by disclosure to law enforcement agencies of this state, another state or the United States for enforcement of the laws of such other state or the United States concerning methods, acts, uses, practices and solicitations similar to those prohibited by this chapter.
2. Any material which contains trade secrets shall not be presented before any court except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material or, in the case of disclosure to agencies of other states, the approval of the circuit court having jurisdiction under section 407.070.
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(L. 1967 p. 607 § 6, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.070 - Petition to extend return date, when and where filed.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.070. Petition to extend return date, when and where filed. —
At any time before the return date specified in a civil investigative demand issued under section 407.040, or within twenty days after the civil investigative demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside the civil investigative demand, stating good cause, may be filed in the circuit court of the county where the parties reside or in the circuit court of Cole County.
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(L. 1967 p. 607 § 7, A.L. 1973 H.B. 55, A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.080 - Interference with or avoidance of a civil investigative demand prohibited, penalty — attorney general to enforce.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.080. Interference with or avoidance of a civil investigative demand prohibited, penalty — attorney general to enforce. —
A person upon whom a civil investigative demand is served pursuant to the provisions of section 407.040 shall comply with the terms thereof unless otherwise provided by an order of a court. Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigative demand issued under section 407.040, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any information, documentary material, or physical evidence in the possession, custody or control of any person, which is the subject of any such civil investigative demand shall be guilty of a class A misdemeanor. The attorney general shall have original jurisdiction to enforce the provisions of this section.
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(L. 1967 p. 607 § 8, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.090 - Attorney general may request court order to produce evidentiary material — request filed where.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 31 May 1985, 2 histories, see footnote
407.090. Attorney general may request court order to produce evidentiary material — request filed where. —
Whenever any person fails to comply with any civil investigative demand duly served upon him under section 407.040 or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general, through such officers or attorneys as he may designate, may file, in the trial court of general jurisdiction of a county or judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of such civil investigative demand; except that, if such person transacts business in more than one county or judicial district such petition shall be filed in the county or judicial district in which such person maintains his principal place of business, or in such other county or judicial district as may be agreed upon by the parties to such petition. Whenever any petition is filed in the trial court of general jurisdiction of a county or judicial district under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of section 407.040. Any final order so entered shall be subject to appeal to the state supreme court. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
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(L. 1967 p. 607 § 9, A.L. 1985 H.B. 96, et al.)
Effective 5-31-85
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.095 - Order by attorney general prohibiting unlawful acts — procedure — expiration of order — penalty for violation.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 2 histories, see footnote
407.095. Order by attorney general prohibiting unlawful acts — procedure — expiration of order — penalty for violation. —
1. Whenever it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, act, use, practice or solicitation declared to be unlawful by any provision of this chapter, he may issue and cause to be served upon such person, and any other person or persons concerned with or who, in any way, have participated, are participating or are about to participate in such unlawful method, act, use, practice or solicitation, an order prohibiting such person or persons from engaging or continuing to engage in such unlawful method, act, use, practice or solicitation. Such order shall not be issued until the attorney general has notified each person who will be subject to such order of the statutory section which such person is alleged to have violated, be violating or be about to violate, and the nature of the method, act, use, practice or solicitation which is the basis of such alleged violation. The person to whom such notice is given shall have two business days from the receipt of such notice to file an answer to such notice with the attorney general before the order authorized by this subsection may be issued.
2. All orders issued by the attorney general under subsection 1 of this section shall be signed by the attorney general or, in the event of his absence, his duly authorized representative, and shall be served in the manner provided in section 407.040, for the service of civil investigative demands and shall expire of their own force ten days after being served.
3. Any person who has been duly served with an order issued under subsection 1 of this section and who willfully and knowingly violates any provision of such order while such order remains in effect, either as originally issued or as modified, is guilty of a class E felony. The attorney general shall have original jurisdiction to commence all criminal actions necessary to enforce this section.
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(L. 1986 S.B. 685, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.105 - Receiver, powers and duties of.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, see footnote
407.105. Receiver, powers and duties of. —
When a receiver is appointed by the court pursuant to section 407.100, he may sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any method, act, use, practice or solicitation, or any combination thereof, declared to be unlawful or prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful methods, acts, uses, practices or solicitations, or any combination thereof, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
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(L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.110 - Violation of injunction or restitution order, civil penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 31 May 1985, 2 histories, see footnote
407.110. Violation of injunction or restitution order, civil penalty. —
Any person who violates the terms of an injunction, an order to make restitution, or any other judgment or order issued under section 407.100 shall forfeit and pay to the state a civil penalty of not more than five thousand dollars per violation. For the purposes of this section, the circuit court of a county issuing an injunction or restitutionary order shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for recovery of civil penalties.
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(L. 1967 p. 607 § 11, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al.)
Effective 5-31-85
(1980) Attorney General not authorized to seek civil penalties for alleged violation of assurance of voluntary compliance; may seek injunctive relief under 407.100. State ex rel. Danforth v. European Health Spa (A.), 611 S.W.2d 250.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.120 - Provisions of this chapter no bar to other civil actions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.120. Provisions of this chapter no bar to other civil actions. —
The provisions of sections 407.010 to 407.130 shall not bar any civil claim against any person who has acquired any moneys or property, real or personal, by means of any practice declared to be unlawful by this chapter.
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(L. 1967 p. 607 § 12, A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.125 - Chapter not limitation for commissioner of securities.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.125. Chapter not limitation for commissioner of securities. —
The provisions of this chapter shall not bar the commissioner of securities from administering the provisions of chapter 409.
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(L. 2000 S.B. 896)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.130 - Assessment of court costs.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 31 May 1985, 2 histories, see footnote
407.130. Assessment of court costs. —
In any action brought under the provisions of section 407.100, the attorney general is entitled to recover as costs, in addition to normal court costs, the cost of the investigation and prosecution of any action to enforce the provisions of this chapter.
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(L. 1967 p. 607 § 13, A.L. 1985 H.B. 96, et al.)
Effective 5-31-85
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.140 - Merchandising practices revolving fund established — funding — administration purposes.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.140. Merchandising practices revolving fund established — funding — administration purposes. —
1. There is created in the state treasury a special trust fund for the office of the attorney general, to be known as the "Merchandising Practices Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund of this state, and any money paid into the state treasury and required by law to be credited to the merchandising practices revolving fund. The moneys in the merchandising practices revolving fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified by the commissioner of administration upon verified vouchers of the attorney general.
2. Money in the merchandising practices revolving fund shall be available for the payment of all costs and expenses incurred by the attorney general in the investigation, prosecution, and enforcement of the provisions of this chapter, and to provide funds for consumer education and advocacy programs.
3. In any case in which the court awards damages as provided in section 407.100, there shall be added, in addition to restitution and costs, an amount equal to ten percent of the total restitution awarded, or such other amount as may be agreed upon by the parties or awarded by the court, which amount shall be paid into the state treasury to the credit of the merchandising practices revolving fund.
4. All moneys recovered as court costs or as costs provided by section 407.130 pursuant to litigation brought under the authority of this chapter shall be paid into the state treasury to the credit of the merchandising practices revolving fund.
5. Any restitution awarded under section 407.100 which is not claimed or for which the injured person entitled thereto cannot be found, or which is otherwise remaining after distribution by the attorney general, shall be paid into the state treasury to the credit of the merchandising practices revolving fund.
6. The provisions of section 33.080 requiring the transfer of all unexpended funds to the credit of the ordinary revenue fund of the state shall not apply to funds in the merchandising practices revolving fund.
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(L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.145 - Rulemaking, authority, limitation.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1993
407.145. Rulemaking, authority, limitation. —
The attorney general shall have the authority to promulgate, in accordance with the provisions of chapter 536, all rules necessary to the administration and enforcement of the provisions of this chapter. Such rules may include, but need not be limited to, provisions designating the size and style of type which shall be used in written disclosures required by any provision of this chapter for which the size and style of type have not been otherwise designated.
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(L. 1986 S.B. 685, A.L. 1993 S.B. 52)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.200 - Unsolicited merchandise, how disposed of.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 1969, 2 histories
407.200. Unsolicited merchandise, how disposed of. —
Where unsolicited merchandise is delivered to a person for whom it is intended, such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender.
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(L. 1969 S.B. 20 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.295 - Motor vehicle repairs, aftermarket crash part, defined — requirements — disclosure to owner — penalties.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 01 Jan 1990, see footnote
407.295. Motor vehicle repairs, aftermarket crash part, defined — requirements — disclosure to owner — penalties. —
1. As used in this section, the following terms mean:
(1)
"Aftermarket crash part"
, a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;
(2)
"Insurer"
, an insurance company and any person authorized to represent the insurer with respect to a claim;
(3)
"Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part"
, aftermarket crash parts not made for or by the manufacturer of the motor vehicle.
2. Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state after January 1, 1990, shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.
3. No insurer shall specify directly or indirectly the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle without disclosing the intended use of such parts. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
(1) The written estimate shall clearly identify each such part; and
(2) A disclosure document containing the following information in ten-point or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of one or more crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the parts manufacturer or distributor rather than by the manufacturer of your vehicle."
4. Any violation of this section shall be deemed an unlawful practice as the term is used in sections 407.010 to 407.130, and shall be subject to the enforcement provisions of sections 407.010 to 407.130.
5. This section shall become effective January 1, 1990.
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(L. 1989 H.B. 726 § 1)
Effective 1-01-90
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.297 - Copper property peddlers — license required (St. Louis City) — definitions — fee, application procedure, revocation.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 2021
407.297. Copper property peddlers — license required (St. Louis City) — definitions — fee, application procedure, revocation. —
1. Notwithstanding any other provision of law to the contrary, no person shall engage in the business of a copper property peddler in a city not within a county without first obtaining a license from the city and complying with the provisions of this section.
2. For the purposes of this section, the following terms shall mean:
(1)
"Copper property"
, any insulated copper wire, copper tubing, copper guttering and downspouts, or any item composed completely of copper;
(2)
"Copper property peddler"
, any person who sells or attempts to sell copper property and who is not either a licensed or certified tradesperson or does not hold a business license issued by the city.
3. The city shall determine the license fee. The license shall expire June thirtieth of each year. Each license shall bear a separate number, the name and address of the licensee, a color photo of the licensee, and telephone number of the licensee. The license shall be available only to the person in whose name it is issued and shall not be used by any person other than the original licensee. Any licensee who shall permit his or her license to be used by any other person, and any other person who shall use a license granted to another person, shall each be deemed guilty of a violation of this section.
4. Application for a license under this section shall be made in writing to the city and shall state the name, age, description, and address of the applicant. The application shall include a sworn statement setting forth each and every conviction of the applicant for violations of federal, state, or municipal laws, statutes, or ordinances. In addition, the applicant shall, at his or her expense, obtain a complete copy of the applicant's criminal record as indicated by the records of a law enforcement agency and submit such record as part of the application. No license shall be granted to any person who has been convicted of burglary, robbery, stealing, theft, or possession or receiving stolen goods in the last twenty-four months prior to the date of the application.
5. The city shall have the power and authority to revoke any license under this section for any willful violation of this section by a copper property peddler, provided the licensee has been notified in writing at his or her place of business of the violations complained of and shall have been afforded a reasonable opportunity to have a hearing.
6. The provisions of this section shall only be effective when the city is actively issuing licenses to copper property peddlers.
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(L. 2021 H.B. 69 merged with H.B. 271)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.301 - Metal beer keg, prohibition on purchase or possession by scrap metal dealer — violation, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2008
407.301. Metal beer keg, prohibition on purchase or possession by scrap metal dealer — violation, penalty. —
1. No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises that the dealer uses to buy, sell, store, shred, melt, cut, or otherwise alter scrap metal except when the purchase is from the brewer or its authorized representative. For purposes of this section, "keg" shall have the same meaning as in section 311.082.
2. Anyone who is found guilty of, or pleads guilty to, violating this section shall be guilty of a class A misdemeanor punishable only by fine. Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
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(L. 2008 S.B. 1034 & 802)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.302 - Metal belonging to various entities — scrap yard not to purchase — violation, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2023, 3 histories
407.302. Metal belonging to various entities — scrap yard not to purchase — violation, penalty. —
1. No scrap yard shall purchase any metal that can be identified as belonging to a public or private cemetery, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, or utility regulated under chapter 386 or 393, including twisted pair copper telecommunications wiring of pair or greater existing in 19, 22, 24, or 26 gauge burnt wire, bleachers, guardrails, signs, street and traffic lights or signals, and manhole cover or covers, whether broken or unbroken, from anyone other than the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, utility regulated under chapter 386 or 393, or manufacturer of the metal or item described in this section unless such person is authorized in writing by the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, utility regulated under chapter 386 or 393, or manufacturer to sell the metal.
2. Anyone convicted of violating this section shall be guilty of a class B misdemeanor.
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(L. 2008 S.B. 1034 & 802, A.L. 2013 S.B. 157 and S.B. 102, A.L. 2023 S.B. 186)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.303 - Scrap metal dealers — payments in excess of $500 to be made by check — exceptions — violations, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2013, 2 histories
407.303. Scrap metal dealers — payments in excess of $500 to be made by check — exceptions — violations, penalty. —
1. Any scrap metal dealer paying out an amount that is five hundred dollars or more shall make such payment by issuing a prenumbered check drawn on a regular bank account in the name of the licensed scrap metal dealer and with such check made payable to the person documented as the seller in accordance with this section, or by using a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with this chapter.
2. Any scrap metal dealer that purchases scrap metal from a seller and pays in the form of cash is required to obtain a copy of the seller's driver's license or nondriver's license if the metal is copper or a catalytic converter. This section shall not apply to any transaction for which the seller has an existing business relationship with the scrap metal dealer and is known to the scrap metal dealer making the purchase to be an established business or political subdivision that operates a business with a fixed location that can be reasonably expected to generate regulated scrap metal and can be reasonably identified as such a business.
3. Any person who knowingly and willfully violates the provisions of sections 407.300 to 407.303 shall be guilty of a class B misdemeanor and a fine of up to five hundred dollars for the first offense, a class A misdemeanor and a fine of up to one thousand dollars for the second offense, and the revocation of any and all business licenses that are held with the state for the third offense.
4. Any person in violation of sections 407.300 to 407.303 by selling stolen scrap metal shall be responsible for consequential damages related to obtaining the scrap metal.
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(L. 2008 S.B. 1034 & 802, A.L. 2013 S.B. 157 and S.B. 102)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.305 - Bronze statuary, receptacles or memorials, record of purchase required of collectors and dealers — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1973
407.305. Bronze statuary, receptacles or memorials, record of purchase required of collectors and dealers — penalty. —
1. Whenever any collector of or dealer in junk or any secondhand property purchases any bronze cemetery vase or receptacle, any bronze cemetery memorial or any bronze statuary, whatever may be the condition of the vase or receptacle, cemetery memorial or bronze statuary, he
*
shall enter in a register kept for that purpose the name, address, and place of business of the person from whom the vase or receptacle was purchased, the driver's license number of the person, and a full description of each purchase including quantity by weight thereof.
2. Any peace officer of this state may inspect the register at any reasonable time.
3. Any person violating any of the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law.
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(L. 1973 H.B. 29 § 1)
*Word "they" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.307 - Dealerships for farm implements, industrial maintenance, construction power equipment and outdoor power equipment — changes in ownership, rights of the dealer.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 1998
407.307. Dealerships for farm implements, industrial maintenance, construction power equipment and outdoor power equipment — changes in ownership, rights of the dealer. —
1. The provisions of this section shall apply to:
(1) Farm implement dealerships, as provided in sections 407.838 to 407.880;
(2) Industrial maintenance and construction power equipment dealerships, as provided in sections 407.750 to 407.756; and
(3) Outdoor power equipment dealerships, as provided in sections 407.890 to 407.898.
2. A manufacturer, wholesaler or distributor shall have ninety days in which to consider and make a determination on a request by a dealer/retailer to sell or transfer any portion of his or her business ownership to another party or to enter into an agreement to operate the dealership with another party. The dealer/retailer's request shall include the reasonable financial information, personal background, character references and work histories as required by the manufacturer to render such a determination. In the event the manufacturer or distributor determines that the request is not acceptable, the manufacturer or distributor shall provide the dealer/retailer with a written notice of its determination with the stated reasons for nonacceptance.
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(L. 1998 S.B. 626)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.315 - American Indian art or craft, no sale unless authentic — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 2018
407.315. American Indian art or craft, no sale unless authentic — penalty. —
1. As used in this section, the following terms mean:
(1)
"American Indian"
, a person who is a citizen or enrolled member of an American Indian tribe;
(2)
"American Indian tribe"
, any Indian tribe federally recognized by the Bureau of Indian Affairs of the United States Department of the Interior;
(3)
"Authentic American Indian art or craft"
, any article of American Indian style, make, origin, or design that was made wholly or in part by American Indian labor and workmanship including, but not limited to, any Kachina doll, rosette, necklace, choker, barrette, hair tie, medallion, pin, pendant, bolo tie, belt, belt buckle, cuff links, tie clasp, tie bar, ring, earring, purse, blanket, shawl, moccasin, drum, or pottery or any visual or performing arts or literature;
(4)
"Imitation American Indian art or craft"
, any basic article purporting to be of American Indian style, make, origin, or design that was not made by American Indian labor and workmanship;
(5)
"Merchant"
, any person engaged in the sale to the public of imitation American Indian art or craft or authentic American Indian art or craft.
2. No merchant shall distribute, trade, sell, or offer for sale or trade within this state any article represented as being made by American Indians unless the article is an authentic American Indian art or craft. All such articles purporting to be of silver shall be made of coin or sterling silver.
3. Any merchant who knowingly and willfully tags or labels any article as being an American Indian art or craft when it does not meet the specifications of this section shall be subject to a fine of not less than twenty-five dollars and not more than two hundred dollars, to imprisonment for not less than thirty days and not more than ninety days, or to both such fine and imprisonment.
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(L. 2018 H.B. 1832)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.327 - Health spas, registration with attorney general, form, fee — fees deposited in health spa regulatory fund, created — attorney general, enforcement, no bar to civil claims.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.327. Health spas, registration with attorney general, form, fee — fees deposited in health spa regulatory fund, created — attorney general, enforcement, no bar to civil claims. —
1. It shall be unlawful for any health spa to offer, advertise, or execute or cause to be executed by the buyer any health spa contract in this state unless the health spa at the time of the offer, advertisement, sale or execution of a health spa contract has been properly registered with the office of the attorney general. The registration shall:
(1) Disclose the address, ownership, date of first sales and date of first opening of the health spa;
(2) Be renewed annually; and
(3) Be accompanied by a fee of one hundred dollars per registration and each annual renewal thereof. Each separate location where health spa services are offered shall be considered a separate health spa and shall file a separate registration, even though the separate locations are owned or operated by the same owner.
2. All fees collected pursuant to this section shall be deposited in the state treasury to the credit of a special trust fund to be known as the "Health Spa Regulatory Fund". Moneys in the health spa regulatory fund shall be used solely for the administration of sections 407.325 to 407.340.
3. The attorney general shall have all powers, rights and duties as are provided in sections 407.010 to 407.145, to seek penalties, remedies, and procedures that are provided in such sections against any health spa that is engaged in practices that are unlawful according to the provisions of this chapter.
4. The provisions of this section
*
are not exclusive and do not relieve health spas or the contract subject thereto from compliance with all other applicable provisions of law nor shall such provisions bar any civil claim against any health spa which has acquired any moneys or property, real or personal, by means of any practice declared unlawful by this chapter.
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(L. 1988 S.B. 486 § 2)
*Word "subsection" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.329 - Prepayment of contracts, treatment of funds, notice to attorney general, exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.329. Prepayment of contracts, treatment of funds, notice to attorney general, exceptions. —
1. Each health spa selling contracts or health spa services on a prepayment basis shall notify the office of the attorney general of the proposed location of the spa for which prepayments will be solicited and shall deposit all funds received from such prepayment contracts in an account established in a financial institution authorized to transact business in this state until the health spa has commenced operations. The account shall be established and maintained only in a financial institution which agrees in writing with the office of the attorney general to hold all funds deposited and not to release such funds until receipt of written authorization from the office of the attorney general. The prepayment funds deposited will be eligible for withdrawal by the health spa after the health spa has opened and is providing services pursuant to its health spa contracts and the office of the attorney general gives written authorization for withdrawal.
2. The provisions of this section shall not apply to any health spa duly registered pursuant to the provisions of section 407.327 which has posted a bond or letter of credit in the amount of twenty-five thousand dollars.
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(L. 1988 S.B. 486 § 3)