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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 261 Department of Agriculture
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There is created a "Department of Agriculture", the main office
of which shall be in Jefferson City in quarters provided by the division
of design and construction. The governor, by and with the advice and
consent of the senate, shall appoint a director of the department of
agriculture who shall be a practical farmer, well versed in agricultural
science and who shall serve at the pleasure of the governor. The director
shall be in charge of the department of agriculture. (RSMo 1939 § 14025,
A.L. 1947 V. I p. 15, A. 1949 S.B. 1090, A.L. 1955 p. 18, A.L. 1963 p.
400, A.L. 1967 p. 369, A.L. 1977 H.B. 841)
Effective 1-1-78
CROSS REFERENCE: Director, compensation, RSMo 105.950
The state director of the department of agriculture is hereby
constituted the official who has supervision of all the legalized
departments of the state which are of a regulatory nature for the
advancement of horticulture and agriculture, except after January 1,
1996, he shall not have direct supervision of the state fair. He shall
cooperate with the college of agriculture of the University of Missouri
in all ways beneficial to the horticultural and agricultural interests of
the state, without duplicating research, extension or educational work
conducted by said college, but nothing herein shall be construed as to
subordinate the state department of agriculture to the said college of
agriculture. The director has charge of the veterinary service of the
state, the appointment of the state veterinarian, and, with the advice of
the veterinarian, of deputy veterinarians, and other assistants. The
director has the power of reasonable quarantine in relation to the
regulatory laws of the state department of agriculture, and the power of
quarantine in relation to livestock diseases includes poultry. It is the
duty of the director to gather and compile helpful statistics and
information, singly or in cooperation with the federal government,
relating to horticulture and agriculture, and he may publish bulletins
not duplicating available educational bulletins of the college of
agriculture and the United States Department of Agriculture. He may
charge a reasonable amount for any publication distributed by the
department of agriculture. Any funds received from the amounts so charged
shall be deposited to the credit of the general revenue fund. The
director shall make a biennial report to the governor and the general
assembly, including the essential information relating to horticulture
and agriculture, especially crops and livestock, also data concerning the
agricultural organizations of the state, accompanied by recommendations
relating to the state department of agriculture and the advancement of
agricultural education. (RSMo 1939 § 14027, A.L. 1971 H.B. 355, A.L. 1994
S.B. 692)
CROSS REFERENCES: Livestock diseased, injunction against owners, powers
and duties of director, RSMo 267.604 Livestock quarantined, orders for
removal or cure violations, hearing, penalties, director's powers, RSMo
267.603
1. There is hereby created a department of agriculture to be
headed by a director of the department of agriculture to be appointed by
the governor, by and with the advice and consent of the senate. The
director shall possess the qualifications presently provided by law for
the position of commissioner of agriculture.
2. All powers, duties and functions now vested by law to the commissioner
of the department of agriculture and the department of agriculture,
chapter 261 RSMo and others, are transferred by type I transfer to the
director of the department of agriculture and to the department of
agriculture herein created.
3. The state horticultural society created by sections 262.010 and
262.020 RSMo is transferred by type I transfer to the department of
agriculture.
4. All the powers, duties, and functions vested in the state milk board,
chapter 196, RSMo, are transferred to the department of agriculture by
type III transfer. The appointed members of the board shall be nominated
by the department director, and appointed by the governor with the advice
and consent of the senate. The department of health and senior services
shall retain the powers, duties and functions assigned by chapter 196,
RSMo.
5. All the powers, duties, functions and properties of the state fruit
experiment station, chapter 262, RSMo, are transferred by type I transfer
to the Southwest Missouri State University and fruit experiment station
board of trustees is abolished.
6. All the powers, duties and functions of the department of revenue
relating to the inspection of motor fuel and special fuel distributors,
chapters 323 and 414, RSMo, are transferred by type I transfer to the
department of agriculture and to the director of that department. The
collection of the taxes provided in chapters 142 and 136, however, shall
be made by the department of revenue. (L. 1973 1st Ex. Sess. S.B. 1, § 2)
Effective 5-2-74
*Transferred 1986; formerly section 2, Reorganization Act 1974, Appendix B
CROSS REFERENCES: Agriculture and small business development authority
assigned to the department of agriculture. See Appendix A Reorganization
Plan No. 4, 1982. Manufacturing milk and dairy market testing law
administration department of agriculture under sections 196.520 to
196.610, RSMo. All powers and duties transferred to the state milk board.
See Appendix A Reorganization Plan No. 5, 1982.
The director of agriculture is hereby designated as the state
official of the state of Missouri to make application to and receive from
the Secretary of Agriculture of the United States, or any other proper
federal official, pursuant and subject to the provisions of Public Law
499, Eighty-first Congress, approved May 3, 1950 (40 U.S.C.A. {{
440-444), the trust assets, either funds or property, held by the United
States as trustee in behalf of the Missouri rural rehabilitation
corporation. (L. 1951 p. 3 § 1)
1. The director of agriculture is authorized and directed to
enter into agreements with the Secretary of Agriculture of the United
States pursuant to section 2(f) (40 U.S.C.A. { 440f) of the aforesaid act
of the Congress of the United States, upon such terms and conditions and
for such periods of time as may be mutually agreeable, authorizing the
Secretary of Agriculture of the United States to accept, administer,
expend and use in the state of Missouri all of such trust assets for
carrying out the purposes of Titles I and II of the Bankhead-Jones Farm
Tenant Act (7 U.S.C.A. {{ 1001-1007a), in accordance with the applicable
provisions of Title IV thereof (7 U.S.C.A. {{ 1030-1039), as now or
hereafter amended, and to do any and all things necessary to effectuate
said agreements.
2. The United States and the Secretary of Agriculture thereof shall be
held free from liability by virtue of any transfer of such assets to the
director of agriculture. (L. 1951 p. 3 §§ 2, 3)
1. The director of agriculture of the state of Missouri shall,
as soon as possible after August 13, 1988, terminate the agreement
between the director of agriculture and the Secretary of Agriculture of
the United States under which trust assets of the Missouri Rural
Rehabilitation Corporation, assigned to the director of agriculture by
the Secretary of Agriculture of the United States pursuant to Public Law
499, 81st Congress, approved May 3, 1950 (40 U.S.C.A. 440-444), and
sections 261.025 and 261.026, have been administered by the Secretary of
Agriculture. The director of agriculture shall request the return to the
state of Missouri of all or a part of the cash assets now under the
control of the Secretary of Agriculture and the assets consisting of
loans insured by the Secretary of Agriculture.
2. The director is also authorized to enter into new agreements with the
Secretary of Agriculture pursuant to Public Law 499 and for return to the
state of Missouri, from time to time, of additional trust assets.
3. Any assets received from the Secretary of Agriculture shall be
transferred to the state treasury and credited to a special fund which is
hereby established and which shall be known as the "Agriculture
Development Fund". The agriculture development fund shall be under the
control of the director of the department of agriculture, who shall
provide for the investment and reinvestment of the fund in secured or
insured agricultural loans, government bonds, or other convertible
securities. The fund and any income or interest received from the
investment thereof may be released by and at the discretion of the
director of agriculture for agricultural development and rehabilitation
purposes. (L. 1957 p. 3 §§ 261.027, 261.028, A.L. 1988 S.B. 742, A.L.
1992 H.B. 1201)
The director of agriculture or his successor at law shall
investigate the marketing of farm products, including the cost of
production and distribution thereof, furnish advice and assistance to
producers, distributors and consumers and promote effectual and
economical methods of marketing farm products. The director of
agriculture may establish, administer and enforce the standards of
grades, weights and measures established and/or recommended by the United
States Department of Agriculture, except as otherwise provided by the
laws of this state. The director may conduct shipping point and terminal
market grading and inspection service alone or in cooperation with the
United States Department of Agriculture and license inspectors, issue
certificates on the products inspected, determine and collect and pay a
reasonable service charge on the work done, and do each and every act
necessary to render the grading and inspection service of greatest value
to Missouri agriculture. The director of agriculture may publish
bulletins containing information useful to the producer and consumer; may
conduct exhibits and do everything necessary to provide ample material
therefor; may conduct and/or cooperate in any kind of activity for
fostering and promoting better handling, care, standardization and
grading of farm products, and he may pay cash premiums from
appropriations made in connection with agriculture exhibits, whenever in
his judgment the same is desirable. The director shall foster, encourage,
and assist in the organization and development of cooperative
associations and movement to aid in solving problems of marketing farm
products; may collect and disseminate by telegraph, mail or otherwise,
timely information useful to producers, distributors and consumers
concerning the weather, the supply, demand, prevailing prices, market
conditions and commercial movements of farm products, including
quantities in common and in cold storage and may cooperate in the
distribution of farm labor insofar as found acceptable to the state and
federal labor departments. (RSMo 1939 § 14288, A. 1949 S.B. 2090)
Prior revisions: 1929 § 12626; 1919 § 12145
CROSS REFERENCES: Egg law, director to administer, RSMo 196.311 to
196.361 Locker plants, regulation, duties of directors, RSMo 196.450 to
196.515
1. There is hereby created in the state treasury for the use of
the marketing division of the state department of agriculture a fund to
be known as "The Marketing Development Fund". All moneys received by the
state department of agriculture for marketing development from any source
within the state shall be deposited in the fund.
2. Moneys deposited in the fund shall, upon appropriation by the general
assembly to the state department of agriculture, be expended by the state
department of agriculture for purposes of agricultural marketing
development and for no other purposes.
3. The unexpended balance in the marketing development 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, RSMo, relating to transfer of funds to the ordinary
revenue funds of the state by the state treasurer. (L. 1957 p. 12 §§ 1,
2, 3)
CROSS REFERENCE: Marketing development fund abolished subject to
exemption, RSMo 33.571
The director of agriculture, before entering upon the duties of
his office, shall give bond in the sum of five thousand dollars, which
bond, when approved by the governor, shall be filed with the secretary of
state. The director, within available appropriations, shall have
authority to appoint a state fair secretary, clerks, stenographers,
inspectors, and other employees necessary all at the salaries fixed by
law for the administration of this law and other laws under his charge as
a consolidated department conducted on an economical business basis. The
director shall have authority to combine the duties of and to discharge
any employee of the state department of agriculture. Each inspector shall
be required to perform inspection duties under all inspection laws
administered by the director. The director is hereby authorized to
require and approve the bond of any employee responsible for the safe
handling of any state revenue or fees, or state property, whenever he
shall deem it reasonably necessary to protect the interests of the state.
(RSMo 1939 § 14026)
Upon the filing of proper vouchers and requisitions, duly
certified by the director, warrants shall be issued monthly, as provided
by law, upon the state treasurer for the payment of all approved salaries
and accounts under the jurisdiction of the state department of
agriculture. (RSMo 1939 § 14028, A. 1949 S.B. 1090)
All moneys collected by or through the director of the
department of agriculture from fees, licenses, permits or other earnings
under any law, other than the business of the Missouri state fair, shall
be deposited daily in the state treasury to the credit of the
agricultural fees fund, which shall be subject to appropriation by the
general assembly. (RSMo 1939 § 14029)
The state department of agriculture and other agencies of the
state government dealing with the production, handling and marketing of
farm products shall cooperate with each other in the interest of economy,
harmony and efficient service, and may also cooperate with the United
States Department of Agriculture and its subdepartments and with other
states or organizations having common agricultural problems with those of
the state of Missouri. (RSMo 1939 § 14289)
Prior revisions: 1929 § 12627; 1919 § 12146
1. The director of the Missouri department of agriculture shall
have the primary responsibility for foreign market development for
agricultural products.
2. Within the limit of funds specifically appropriated for that purpose,
the director is authorized to establish and maintain offices in foreign
countries for the purpose of promoting international markets for Missouri
agricultural products. Such offices operated by the department of
agriculture may be disestablished by the director as he deems appropriate.
3. The director may place an agricultural marketing specialist in state
offices operated in foreign countries by other state agencies. (L. 1979
S.B. 47 § 1)
CROSS REFERENCE: Division of commerce and industrial development,
establishing overseas offices, RSMo 625.021
Within the limit of funds specifically appropriated for that
purpose, the director of the department of agriculture may operate an
animal export inspection facility meeting the requirements of the United
States Department of Agriculture for animal inspection prior to export
shipments. (L. 1979 S.B. 47 § 2)
1. The department of agriculture shall make demonstration
awards, out of appropriations made for that purpose, to the center for
sustainable agricultural systems of the University of Missouri college of
agriculture for the development and coordination of demonstration
projects on the lands of individual farmers in this state which identify,
develop and demonstrate agricultural technologies and farm management
strategies in food and fiber production carried out under actual farming
conditions that will reduce the dependency of food and fiber production
on nonrenewable inputs. In any one fiscal year, no more than* thirty such
demonstration project awards shall be made and no award shall exceed four
thousand five hundred dollars for any one demonstration project. The
department of agriculture, in cooperation with the University of Missouri
college of agriculture and the University of Missouri extension service,
shall promulgate rules and regulations necessary to carry out the
provisions of this section and for the identification of demonstration
projects and award areas. The demonstration projects shall be selected on
a broad geographical basis so that each agricultural area of the state is
represented as nearly as practicable. The demonstration projects shall be
selected on the basis of innovative practices based on competitive
applications received. Each demonstration project shall be monitored by
the University of Missouri extension service and a report of the project
shall be made to the department of agriculture.
2. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to the provisions of chapter 536, RSMo. Any rule or portion of a
rule, as that term is defined in section 536.010, RSMo, that is
promulgated under the authority delegated in this section shall become
effective only if it has been promulgated pursuant to the provisions of
chapter 536, RSMo. Nothing in this section shall be interpreted to repeal
or affect the validity of any rule filed or adopted prior to August 28,
1999, if it fully complied with the provisions of chapter 536, RSMo. This
section and chapter 536, RSMo, are nonseverable and if any of the powers
vested with the general assembly pursuant to chapter 536, RSMo, to
review, to delay the effective date or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 1999, shall
be invalid and void. (L. 1990 H.B. 1653 §§ 26, A, A.L. 1993 S.B. 84, A.L.
1995 S.B. 3, A.L. 1996 H.B. 1207, A.L. 1999 H.B. 152 merged with S.B. 310)
*Word "than" does not appear in original rolls.
1. The department of agriculture shall develop standards and
labeling for organic farming.
2. The department of agriculture shall adopt rules to implement the
provisions of this section.
3. The department may cooperate with any agency of the federal
government, any state, any other agency in this state, any private entity
or person engaged in growing, processing, marketing of organic products,
or any group of such persons in this state, in programs to effectuate
such purposes. Such agreements may provide for cost and revenue sharing,
and for division of duties and responsibilities under this section and
may include other provisions generally to effectuate the purposes of this
section.
4. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2002, shall be invalid and void. (L. 2000 S.B. 894, A.L. 2002 H.B. 1348)
There is hereby created in the state treasury the "Organic
Production and Certification Fee Fund". Fees imposed in accordance with
rules promulgated under section 261.110 shall be credited to the organic
production and certification fee fund. (L. 2002 H.B. 1348)
Records and documents submitted to the Missouri department of
agriculture or Missouri agriculture and small business development
authority relating to financial investments in a business, or sales
projections or other business plan information that may endanger the
competitiveness of a business, except for the amount and recipient of any
loan or grant from a program administered by the authority, shall be
deemed a "closed record" as such term is defined in section 610.010,
RSMo. (L. 2004 S.B. 740, et al. § 261.115)
The director of the department of agriculture shall, for the use
of the marketing division of the department of agriculture, develop and
implement rules and regulations by product category for all Missouri
agricultural products included in the AgriMissouri marketing program. (L.
2000 S.B. 894 § 261.032, A.L. 2002 H.B. 1348)
1. There is hereby created in the state treasury for the use of
the marketing division of the state department of agriculture a fund to
be known as "The Missouri Agricultural Products Marketing Development
Fund". All moneys received by the state department of agriculture for
Missouri agricultural products marketing development from any source,
including trademark fees, shall be deposited in the fund. Moneys
deposited in the fund shall, upon appropriation by the general assembly
to the state department of agriculture, be expended by the marketing
division of the state department of agriculture for promotion of Missouri
agricultural products under the AgriMissouri program. The unexpended
balance in the Missouri agricultural products marketing development fund
at the end of the biennium shall not be transferred to the general
revenue fund of the state treasury and accordingly shall be exempt from
the provisions of section 33.080, RSMo, relating to transfer of funds to
the ordinary revenue funds of the state by the state treasurer.
2. There is hereby created within the department of agriculture the
"Citizens' Advisory Commission for Marketing Missouri Agricultural
Products". The commission shall establish guidelines, and make
recommendations to the director of agriculture, for the use of funds
appropriated by the general assembly for the marketing division of the
department of agriculture, and for all funds collected or appropriated to
the Missouri agricultural products marketing development fund created
pursuant to subsection 1 of this section. The guidelines shall focus on
the promotion of the AgriMissouri trademark associated with Missouri
agricultural products that have been approved by the general assembly,
and shall advance the following objectives:
(1) Increasing the impact and fostering the effectiveness of local
efforts to promote Missouri agricultural products;
(2) Enabling and encouraging expanded advertising efforts for Missouri
agricultural products;
(3) Encouraging effective, high-quality advertising projects, innovative
marketing strategies, and the coordination of local, regional and
statewide marketing efforts;
(4) Providing training and technical assistance to cooperative-marketing
partners of Missouri agricultural products.
3. The commission may establish a fee structure for sellers electing to
use the AgriMissouri trademark associated with Missouri agricultural
products. Under the fee structure:
(1) A seller having gross annual sales greater than two million dollars
per fiscal year of Missouri agricultural products which constitute the
final product of a series of processes or activities shall remit to the
marketing division of the department of agriculture, at such times and in
such manner as may be prescribed, a trademark fee of one-half of one
percent of the aggregate amount of all of such seller's wholesale sales
of products carrying the AgriMissouri trademark; and
(2) All sellers having gross annual sales less than or equal to two
million dollars per fiscal year of Missouri agricultural products which
constitute the final product of a series of processes or activities
shall, after three years of selling Missouri agricultural products
carrying the AgriMissouri trademark, remit to the marketing division of
the department of agriculture, at such times and in such manner as may be
prescribed, a trademark fee of one-half of one percent of the aggregate
amount of all of such seller's wholesale sales of products carrying the
AgriMissouri trademark.
All trademark fees shall be deposited to the credit of the Missouri
agricultural products marketing development fund, created pursuant to
this section.
4. The marketing division of the department of agriculture is authorized
to promulgate rules consistent with the guidelines and fee structure
established by the commission. No rule or portion of a rule shall become
effective unless it has been promulgated pursuant to the provisions of
chapter 536, RSMo.
5. The commission shall consist of nine members appointed by the governor
with the advice and consent of the senate. One member shall be the
director of the market development division of the department of
agriculture, or his or her representative. At least one member shall be a
specialist in advertising; at least one member shall be a specialist in
agribusiness; at least one member shall be a specialist in the retail
grocery business; at least one member shall be a specialist in
communications; at least one member shall be a specialist in product
distribution; at least one member shall be a family farmer with expertise
in livestock farming; at least one member shall be a family farmer with
expertise in grain farming and at least one member shall be a family
farmer with expertise in organic farming. Members shall serve for
four-year terms, except in the first appointments three members shall be
appointed for terms of four years, three members shall be appointed for
terms of three years and three members shall be appointed for terms of
two years each. Any member appointed to fill a vacancy of an unexpired
term shall be appointed for the remainder of the term of the member
causing the vacancy. The governor shall appoint a chairperson of the
commission, subject to ratification by the commission.
6. Commission members shall receive no compensation but shall be
reimbursed for actual and necessary expenses incurred in the performance
of their official duties on the commission. The division of market
development of the department of agriculture shall provide all necessary
staff and support services as required by the commission to hold
commission meetings, to maintain records of official acts and to conduct
all other business of the commission. The commission shall meet quarterly
and at any such time that it deems necessary. Meetings may be called by
the chairperson or by a petition signed by a majority of the members of
the commission. Ten days' notice shall be given in writing to such
members prior to the meeting date. A simple majority of the members of
the commission shall be present to constitute a quorum. Proxy voting
shall not be permitted. (L. 2000 S.B. 894 § 261.037, A.L. 2002 H.B. 1348)
The marketing division of the department of agriculture shall
create an Internet web site for the purpose of fostering the marketing of
Missouri agricultural products over the Internet. (L. 2000 S.B. 894 §
261.038, A.L. 2002 H.B. 1348)
Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
sections 261.230 to 261.239 shall become effective only if they comply
with and are subject to all of the provisions of chapter 536, RSMo, and
if applicable, section 536.028, RSMo. These sections and chapter 536,
RSMo, are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
2002 H.B. 1348)
1. Sellers of jams, jellies, and honey whose annual sales of
jams, jellies, and honey are thirty thousand dollars or less per domicile
shall not be required to construct or maintain separate facilities for
the manufacture of jams, jellies, and honey. Such sellers shall be exempt
from all remaining health standards and regulations for the manufacture
of jams, jellies, and honey pursuant to sections 196.190 to 196.271,
RSMo, if they meet the following requirements:
(1) Jams, jellies, and honey shall be manufactured in the domicile of the
person processing and selling the jams, jellies, and honey and sold by
the manufacturer to the end consumer;
(2) Jams, jellies, and honey shall be labeled with the following
information in legible English as set forth in subsection 2 of this
section;
(3) During the sale of such jams, jellies, and honey, a placard shall be
displayed in a prominent location stating the following: "This product
has not been inspected by the Department of Health and Senior Services.";
(4) Annual gross sales shall not exceed thirty thousand dollars. The
person manufacturing such jams, jellies, and honey shall maintain a
record of sales of jams, jellies, and honey processed and sold. The
record shall be available to the regulatory authority when requested.
2. The jams, jellies, and honey shall be labeled with the following
information:
(1) Name and address of the persons preparing the food;
(2) Common name of the food;
(3) The name of all ingredients in the food; and
(4) Statement that the jams, jellies, and honey have not been inspected
by the department of health and senior services.
3. Sellers of jams, jellies, and honey who violate the provisions of this
section may be enjoined from selling jams, jellies, and honey by the
department of health and senior services. (L. 2002 S.B. 639, A.L. 2005
S.B. 355)
1. It is hereby established that growers' districts may be
voluntarily created by Missouri producers raising agricultural crops for
food, feed, industrial, and pharmaceutical uses, to be known by the name
established by the creators of the growers' district. Nothing in this
section or section 261.259 shall force any private property owner to
participate in a growers' district.
2. Upon organization, each district shall file with the clerk of the
circuit court in the county in which the majority of the district is
located and shall adopt bylaws addressing governance of the district,
expansion of the district to include new members, and the exercise of any
other powers necessary to effectuate the purposes of this section and
section 261.259. (L. 2004 S.B. 740, et al.)
1. The members of a district shall elect a board of
commissioners of such district.
2. All commissioners of a district shall be owners or operators of land
used for the cultivation of commercial crops within the physical
boundaries of the district. (L. 2004 S.B. 740, et al.)
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