Missouri Statute | Act | Code |Agriculture And Animals| US Code - US Statute

Sections 263.010 to 263.180 shall be known and may be cited as
"The Missouri Plant Law". (RSMo 1939 § 14034, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12367

Effective 1-1-85

As used in sections 263.010 to 263.180 the following terms mean:

(1) "Department", the Missouri department of agriculture;

(2) "Director", the director of the Missouri department of agriculture;

(3) "Nursery", any land, ground or premises within this state on or in
which nursery stock is propagated or grown for sale, or any land, ground
or premises within this state on or in which nursery stock is being
fumigated, packed or stored;

(4) "Nursery dealer", any person not a grower of nursery stock in this
state who:

(a) Buys nursery stock for the purpose of reselling or reshipping within
the state of Missouri; or

(b) Makes landscape plans or plants nursery stock and negotiates in the
purchase of nursery stock for his clients; or

(c) Transplants or moves nursery stock from place to place within this
state for other persons for a consideration in payment for the nursery
stock, for the planting of same, or for both nursery stock and planting;
or

(d) Gives nursery stock as a premium or for advertisement purposes;

(5) "Nurseryman", any person, firm or corporation who owns, leases,
manages, or is in charge of a nursery within this state;

(6) "Pests", any of the organisms defined as plant pests;

(7) "Places", any vessels, cars or other vehicles, buildings, docks,
nurseries, orchards and other premises where plants or plant products are
grown, kept or handled;

(8) "Plant inspector", persons employed by the department under the
supervision of the state entomologist who perform highly specialized
plant protection work on a professional basis and who meet the
requirements of subsection 2 of section 263.030;

(9) "Plant pests", any insects, arthropods, nematodes, mollusks,
invertebrates, fungi, bacteria, mycoplasmas, viruses, physiological
disorders or parasitic weeds and other infectious agents which are
injurious to plants or plant products and the pathological conditions in
plants and plant products caused by these organisms;

(10) "Plants and plant products", trees, shrubs, vines, vegetables,
forage and cereal plants and all other plants; cuttings, grafts, scions,
buds and all other parts of plants, including but not limited to fruit,
roots, bulbs, corms, tubers, seeds, wood, lumber and all other plant
products. (RSMo 1939 § 14035, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12368

Effective 1-1-85

1. The director shall appoint a state entomologist who shall be
a graduate of a reputable college of agriculture or university where he
has specialized in the science of entomology, and who has had not less
than two years' practical experience in plant regulatory inspection work.
The state entomologist shall administer sections 263.010 to 263.180.

2. The state entomologist shall select his necessary employees, subject
to the approval of the director, and the director shall fix reasonable
compensation for all employees in keeping with duties performed and
within available appropriations. Any person employed in plant inspection
shall be a graduate of a reputable college of agriculture or university
with training in the sciences of entomology or plant pathology to qualify
him to properly perform such duties. Certain related fields such as
horticulture and forestry may be substituted for such training, provided
a minimum of six hours of college credit was earned in entomology or
plant pathology. The provisions of this subsection shall not apply to
employees of a nontechnical nature such as survey technicians and
quarantine enforcement personnel. (RSMo 1939 § 14036, A. 1949 S.B. 1092,
A.L. 1984 S.B. 516)

Effective 1-1-85

The state entomologist shall, from time to time, make rules for
carrying out the provisions and requirements of sections 263.010 to
263.180, including rules under which inspectors and other employees shall:

(1) Inspect places, plants and plant products, and things and substances
used or connected therewith;

(2) Investigate, control, eradicate and prevent the dissemination of
plant pests; and

(3) Supervise or cause the treatment, cutting and destruction of plants
and plant products infested or infected with plant pests. (RSMo 1939 §
14040, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12373

Effective 1-1-85

The state entomologist may conduct such inspections and
promulgate and enforce such quarantine rules as may be necessary in
carrying out the provisions of sections 263.010 to 263.180. The state
entomologist may call to any of his meetings any person or persons who in
his judgment possesses information of value in carrying out the
provisions of sections 263.010 to 263.180, and necessary traveling
expenses of such person or persons may be paid from the funds
appropriated to the department. 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, RSMo.
(RSMo 1939 § 14037, A.L. 1984 S.B. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B.
3)

Prior revision: 1929 § 12370

For the purpose of carrying out the provisions and requirements
of sections 263.010 to 263.180, and of the rules made and notices given
pursuant thereto, the state entomologist and his inspectors and employees
shall have power to enter into or upon any place during reasonable hours,
and to open any bundle, package, or other container of plants or plant
products. (RSMo 1939 § 14047, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12380

Effective 1-1-85

1. A schedule of fees to defray the cost of inspecting
greenhouses, nurseries, nursery dealers, nursery stock, plants, plant
products and other materials is hereby established and shall be listed in
the rules made pursuant to sections 263.010 to 263.180. This fee schedule
may be revised from time to time to more accurately reflect the actual
cost of these inspections.

2. Greenhouse inspection shall be optional and any grower of greenhouse
plants who may desire or find need for a certificate of greenhouse
inspection may obtain semiannual inspection of his greenhouse, premises
and plants, by making application to the state entomologist. This
semiannual inspection and certification of greenhouses shall be performed
under the same general provisions as apply to the annual inspection of
nurseries. Greenhouse inspection certificates shall expire on November
thirtieth of each year.

3. All nurseries in this state shall be inspected at least once each year
to ascertain whether they are infested or infected with plant pests. Upon
full payment of the fee each nurseryman shall receive a written notice of
the findings of such inspection along with a nursery inspection
certificate; except that, the state entomologist may withhold
certification of a nursery pending eradication of extremely serious or
abundant plant pests or weeds of such nature which would prevent the
adequate inspection of such nursery. This certificate shall be used in
connection with the shipment or movement of any nursery stock shown to be
apparently free of harmful and destructive plant pests or other nursery
stock from which harmful and destructive plant pests have been
eliminated. All nursery inspection certificates shall expire on September
thirtieth of each year. Each nursery shall be allowed one retail sales
outlet per certificate. Additional outlets shall require separate nursery
dealer registration-inspection certificates. When the findings of the
annual inspection of a nursery shall in the opinion of the state
entomologist warrant such action, additional inspections of the nursery
may be made and the nursery may be charged a fee sufficient to cover the
cost of such reinspection.

4. By notice in writing the state entomologist may require a nurseryman
to hold any variety or any amount of nursery stock for inspection or
reinspection by quarantining such nursery stock whenever such action is
necessary to determine that it is free from pests or to allow time to
eradicate any such pests. The state entomologist may further order the
removal from sale and the treatment or destruction of any nursery stock
infested or infected with especially injurious pests or nursery stock
which is not viable or is in such damaged or desiccated condition as to
be incapable of reasonable growth. No compensation shall be paid for any
stock ordered destroyed.

5. (1) Each nursery dealer, before selling or offering for sale or
otherwise distributing nursery stock within this state, shall annually
obtain a nursery dealers' registration-inspection certificate for each
individual location from which the dealer sells or offers for sale
nursery stock. Each nursery dealer shall make application on forms to be
provided by the state entomologist for each individual location, which
shall include:

(a) The name and complete address of the nursery dealer's place of
business for which such certificate is requested;

(b) A declaration that applicant will obtain and distribute only
inspected and certified nursery stock; and

(c) An up-to-date listing of all sources from which he secures nursery
stock.

(2) Each nursery dealer shall pay, at the time of making application, the
annual registration-inspection fee as set forth in the rules made
pursuant to sections 263.010 to 263.180.

(3) All nursery dealer registration-inspection certificates shall expire
on September thirtieth of each year.

(4) The state entomologist may inspect or cause to be inspected the
premises of any nursery dealer including any sales yard, packing shed,
nursery stock on hand or equipment, for the presence of dangerous and
destructive plant pests which may be disseminated on nursery stock.

6. By notice in writing the state entomologist may require a nursery
dealer to hold any variety or any amount of nursery stock by quarantining
such nursery stock whenever such action is necessary to determine that it
is free from pests or to allow time to eradicate any such pests. The
state entomologist may further order the removal from sale and the
treatment or destruction of any nursery stock infested or infected with
especially injurious pests, or nursery stock which is not viable or is in
such damaged or desiccated condition as to be incapable of reasonable
growth. No compensation shall be paid for any stock ordered destroyed.

7. Any person in need of a special inspection and certification of
nursery stock, other plants or plant products may upon request to the
state entomologist have same inspected for plant pests. A fee sufficient
to cover the cost of such inspection or certificate, or both, may be
charged. Upon completion of the inspection and payment of the fee, a
certificate of inspection shall be issued provided the plants or plant
products are free of harmful plant pests. The state entomologist may
enter into agreements with various persons or companies, to carry out the
requirements of this state and importing states or countries.

8. All moneys received for any inspection fee or other receipts under
this law shall be deposited in the state treasury and shall be subject to
appropriation by the general assembly. (RSMo 1939 § 14038, A.L. 1959 H.B.
462, A.L. 1961 p. 17, A.L. 1984 S.B. 516)

Effective 1-1-85

1. The state entomologist shall keep himself informed as to the
occurrence of plant pests, their origin, locality, nature and appearance,
the manner in which they are disseminated, and approved methods of
treatment and control. The state entomologist shall determine which plant
pests are of such a harmful nature that their introduction into or
dissemination within the state should be prevented. Whenever an
inspection discloses that the premises, plants, plant parts or
pest-harboring materials are infested or infected with such harmful plant
pests as to constitute a hazard to plant or animal life in the state, or
any part thereof, he may notify the owner or person having charge of such
premises to that effect and the owner or person in charge shall cause the
treatment, removal or destruction of the infested or infected plants, or
other pest-harboring material as directed and within the time specified
by the notice. Whenever such owner or other person cannot be found or
shall fail, neglect or refuse to comply with the terms of the notice,
such requirements shall be carried out by the inspectors or other
employees of the state entomologist and the state entomologist shall
obtain and enforce a lien for the expense thereof against the place in or
upon which such expense was incurred in the same manner as liens are
obtained and enforced upon buildings for labor and materials furnished by
virtue of contract with the owner.

2. Every person who deals in or engages in the sale of plants or plant
products shall furnish to the state entomologist or his inspectors, when
requested, a statement of the names and addresses of the persons from
whom and the localities where he purchased or obtained such plants or
plant products. (RSMo 1939 § 14039, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12372

Effective 1-1-85

1. Any person bringing nursery stock into this state, or
shipping it within this state, shall attach to the outside of each
package, box, bale or lot of nursery stock shipped or otherwise
delivered, a tag or label bearing the name and address of the shipper, a
statement as to the general nature and quantity of the contents and a
certificate of inspection from the state of origin. The requirements of
this subsection shall not apply to nursery stock sold to the final
purchaser at the place of business of a nurseryman or nursery dealer who
has there conspicuously posted the certificate required.

2. Any person in this state who receives nursery stock for which the
requirements of subsection 1 of this section have not been met shall
immediately inform the state entomologist or an inspector, and isolate
and hold the nursery stock unopened subject to such inspection and other
disposition as may be provided for by the state entomologist. (RSMo 1939
§ 14042, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12375

Effective 1-1-85

It shall be unlawful for any person to sell, give away, carry,
ship or deliver for carriage or shipment within this state any nursery
stock unless such nursery stock has been officially inspected, at least
annually, and a certificate issued by the state entomologist stating that
the nursery stock has been inspected and found apparently free from
harmful plant pests, and stating any other facts provided for in the
rules made pursuant to sections 263.010 to 263.180. For such inspection
and certification, the state entomologist may require the payment of a
reasonable fee to cover the expenses of such inspection or certificate,
or both, which cost in any event shall not exceed the actual cost of the
inspection. If it shall be found at any time that a certificate of
inspection, issued or accepted pursuant to the provisions of this
section, is being used in connection with plants and plant products which
are infested or infected with harmful plant pests, the certificate may be
revoked and its further use may be prohibited, subject to such inspection
and other disposition of the plants and plant products involved as may be
provided for by the state entomologist. The provisions of this section
shall not apply to farmers or other persons who may give away nursery
stock from their own premises which was not grown specifically for
commercial purposes. (RSMo 1939 § 14043, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12376

Effective 1-1-85

The state entomologist, whenever he shall find that there exists
in any other state, territory, or district, or part thereof, any harmful
plant pests with reference to which the Secretary of Agriculture of the
United States has not determined that a quarantine is necessary and has
not duly established such quarantine, may promulgate, and may enforce by
appropriate rules, a quarantine prohibiting or restricting the
transportation into or through this state, or any portion thereof, from
such other state, territory, or district of any class of nursery stock,
plants or plant products or other article of any character whatsoever,
capable of carrying such plant pests. The state entomologist may make
rules for the seizure, inspection, disinfection, destruction, or other
disposition of any nursery stock, plants or plant products or other
article of any character whatsoever, capable of carrying any harmful
plant pests, a quarantine with respect to which shall have been
established by the Secretary of Agriculture of the United States, and
which have been transported to, into, or through this state in violation
of such quarantine. (RSMo 1939 § 14045, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12378

Effective 1-1-85

1. Whenever the state entomologist shall find that there exists
in this state or any part thereof a dangerous plant pest new to the
state, which, for the protection of plants and plant products within the
state, should be prevented from spreading and be controlled or
eradicated, the state entomologist shall adopt and carry out such
restrictive and control measures as may be deemed necessary and advisable
and may cooperate with other state agencies and with the United States
Department of Agriculture.

2. The state entomologist may promulgate rules establishing quarantines
and quarantine restrictions covering areas in the state affected by plant
pests, and other areas within the state adjacent thereto which are likely
to be affected with such pests.

3. Under such quarantines the state entomologist or authorized personnel
may prohibit and prevent the movement, shipment or transportation without
inspection of any plants or plant products or any other material or
article of any character capable of carrying such pests in any living
state of its development, originating in or which have been stored in
such quarantined areas or in any area outside of the state infested with
such pest, except under such conditions as the state entomologist may
prescribe as to inspection, treatment and certification. In carrying out
the provisions of this section the state entomologist or authorized
personnel may intercept, stop and detain for official inspection any
person, car, vessel, boat, truck, automobile, aircraft, wagon, or other
vehicles or carriers whether air, land or water, and may open and inspect
any container believed or known to be carrying such pest in any living
stage of its development. Any plants or plant products or other materials
or articles moved, shipped, or transported in violation of such
quarantine may be seized and treated, destroyed or otherwise disposed of
in accordance with the instructions of the state entomologist.

4. Under such quarantines the state entomologist may prohibit the use of
any farm practice or operation within the quarantined area which favors
the development of such pest and may specify and require in such area the
use of specific operations and procedures in disposing of weeds and crop
residues, in the treating and handling of seeds, growing crops, or
harvested products, machinery and any other property, or in planting and
harvesting crops, as may be necessary to effectively destroy or prevent
the development of such pest, and it shall be the duty of the owner or
person in charge of lands and crops and other things connected therewith
within such quarantined area, upon due notice, to refrain from such
prohibited practices and operations and to take such action as is
required within the time limit specified and in the manner designated by
the state entomologist.

5. In case the owner or the person in charge of such lands, crops or
other materials within the quarantined area shall neglect or refuse to
carry out the instructions of the state entomologist contained in such
notice within the time limit specified, the state entomologist or
authorized personnel may take the action so required, and the state
entomologist shall have and enforce a lien for the expense thereof
against the place in or upon which such expense was incurred in the same
manner as liens are had and enforced upon buildings and lots, wharves and
piers for labor and materials furnished by virtue of contract with the
owner. (RSMo 1939 § 14046, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12379

Effective 1-1-85

1. In carrying out the provisions of sections 263.010 to
263.180, the state entomologist or authorized personnel may intercept,
stop and detain for official inspection any person, car, vessel, boat,
truck, automobile, aircraft, wagon, or other vehicles or carriers whether
air, land or water, believed or known to be carrying any class of nursery
stock, plants or plant products or other article of any character capable
of carrying in a living state such harmful plant pests which should be
controlled or eradicated in order to protect the plants and plant
products of this state. The state entomologist or authorized personnel
may seize, possess and hold for inspection or treatment, or destroy or
otherwise dispose of any plants or plant products or other materials or
articles of any character moved, shipped, or transported, if found
infested in a living state with any harmful plant pests.

2. The state entomologist or authorized personnel may enlist the aid of
any member of the Missouri state highway patrol or other law enforcement
officer in carrying out the duties of this section, and such aid shall be
supplied by such officers. The state entomologist or authorized personnel
may use a red flashing light to aid them in stopping vehicles. (L. 1961
p. 17, A.L. 1967 p. 371, A.L. 1984 S.B. 516)

Effective 1-1-85

The department may promulgate rules pursuant to this section and
chapter 536, RSMo. Any person affected by any rule made, or notice given,
pursuant to sections 263.010 to 263.180 may have a review thereof by the
director for the purpose of having such rule or notice modified,
suspended or withdrawn. Such review shall be allowed and considered in
accordance with the guidelines of the department. (RSMo 1939 § 14048,
A.L. 1984 S.B. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Prior revision: 1929 § 12381

Any person who shall violate any provision or requirement of
sections 263.010 to 263.180, or who shall forge, counterfeit, deface,
destroy, or wrongfully use any certificate provided for in sections
263.010 to 263.180, shall be deemed guilty of a class A misdemeanor.
(RSMo 1939 § 14049, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12382

Effective 1-1-85

1. The plants musk thistle (Carduus nutans L.), Scotch thistle
(Onoprodum acanthium L.) and Canada thistle (Cirsium arvense) are hereby
designated as noxious weeds. All owners of land shall control all such
plants growing upon their land.

2. It shall be the duty of every owner of lands in this state to control
all Canada, musk, or Scotch thistles growing thereon so often in each and
every year as shall be sufficient to prevent said thistles from going to
seed. If any owner of such land shall knowingly allow any Canada, musk,
or Scotch thistles to grow thereon, such owner shall forfeit and pay the
sum of one hundred dollars to the county commission for every such
offense, and such sum forfeited plus court costs may be recovered by
civil action instituted by the prosecuting attorney in the name of the
county commission before any associate circuit judge of the county in
which the offense is committed. All sums recovered by virtue of this
section shall be paid to the use of the county control fund.

3. Before initiating any civil action under this section, the prosecuting
attorney of the county in which the land, or the greater part thereof, is
located shall notify the owner of the land of the requirements of this
law, by certified mail, return receipt requested, from a list supplied by
the officer who prepares the tax list, and shall allow the owner of the
land fifteen days from acknowledgment date of return receipt, or date of
refusal of acceptance, as the case may be, to control all such plants
growing upon his land. Failure of the owner to control such plants within
the fifteen-day period shall be prima facie evidence of the owner's
knowledge that he is in violation of this law, and each fifteen days the
violation continues after the initial fifteen-day period shall, for the
purpose of forfeiture and penalty herein, be considered a separate
offense. (RSMo 1939 § 14260, A.L. 1979 H.B. 259, A.L. 1992 H.B. 1199)

Prior revisions: 1929 § 12597; 1919 § 12118; 1909 § 742

1. In addition to the remedies provided in section 263.190, when
Canada, musk, or Scotch thistles are discovered growing on any lands in
the county, it shall be the duty of the county commission to control such
thistles so as to prevent the seed from ripening, and for that purpose
the county commission, or its agents, servants, or employees shall have
authority to enter on such lands without being liable to an action of
trespass therefor, and shall have such official immunity as exists at
common law for any misfeasance or damages occurring in connection with
the attempt to control Canada, musk, or Scotch thistles. Notwithstanding
any provision of law to the contrary, the county shall be liable for any
misfeasance or actual damages caused by its agents, servants, or
employees in connection with the attempt to control Canada, musk, or
Scotch thistles. The landowner shall owe no duty of care to such persons,
except that which the landowner owes to trespassers. The county
commission shall keep an accurate account of the expenses incurred in
controlling the thistles, and shall verify such statement under seal of
the county commission, and transmit the same to the officer whose duty it
is or may be to extend state and county taxes on tax books or bills
against real estate; and such officer shall extend the aggregate expenses
so charged against each tract of land as a special tax, which shall then
become a lien on the lands, and be collected as state and county taxes
are collected by law and paid to the county commission and credited to
the county control fund.

2. Before proceeding to control Canada, musk, or Scotch thistles as
provided in this section, the county commission of the county in which
the land, or the greater part thereof, is located shall notify the owner
of the land of the requirements of this law, by certified mail, return
receipt requested, from a list supplied by the officer who prepares the
tax list, and shall allow the owner of the land fifteen days from
acknowledgment date of return receipt, or date of refusal of acceptance
of delivery, as the case may be, to control all such plants growing upon
his land.

3. Any land or properties that are owned solely by a political
subdivision in a city not within a county shall be subject to all
provisions of sections 263.190, 263.200, and 263.240. (RSMo 1939 § 14261,
A.L. 1979 H.B. 259, A.L. 1992 H.B. 1199)

Prior revisions: 1929 § 12598; 1919 § 12119; 1909 § 743

1. The plant multiflora rose (rosa multiflora) is hereby
declared to be a noxious weed; except, notwithstanding any other
provision of this section, multiflora rose (rosa multiflora) shall not be
considered a noxious weed when cultivated for or used as understock for
cultivated roses.

2. The governing body of any county of this state may opt to establish a
"County Noxious Weed Fund" for the purpose of making grants on a cost
share basis for the control of any noxious weed, as the plant may be
designated under this section.

3. Any county opting to establish a county noxious weed fund, shall
establish a noxious weed control program. No resident or owner of land of
any county shall be required to participate in a county noxious weed
control program; however, any resident or landowner making application
for cost share grants under this section shall participate in said
program.

4. For the purpose of administering the county noxious weed fund, the
county governing body shall have sole discretion of awarding cost share
grants under this section.

5. For the purpose of funding the county noxious weed fund, the county
governing body may appropriate county funds, and/or solicit municipality,
state agency, state general revenue, and federal agency funds. All such
funds shall be deposited in the county noxious weed fund to be expended
for the sole purpose of controlling noxious weeds so designated under
this section.

6. Any county opting to establish a county noxious weed control program
under this section may make rules and regulations governing said program,
and any county opting to establish a county noxious weed fund under this
section shall establish a cost share ratio on an annual basis beginning
with the creation of the fund. (L. 1983 H.B. 320 & 454)

It shall be the duty of any person who shall ship or cause to be
shipped into this state any fruit trees, queensware or other property of
any kind or description packed in or with straw or grass of any kind, to
burn said straw or grass at the time of unpacking the same, and if any
such person shall not so destroy such grass or straw, he shall be deemed
guilty of a misdemeanor. (RSMo 1939 § 14262)

Prior revisions: 1929 § 12599; 1919 § 12120; 1909 § 744

It shall be the duty of the prosecuting attorney of the county
to prosecute all actions brought under sections 263.190 to 263.240. (RSMo
1939 § 14263)

Prior revisions: 1929 § 12600; 1919 § 12121; 1909 § 746

It shall be the duty of any person or persons, association of
persons, corporations, partnerships, the state highways and
transportation commission, the county commissions, the township boards,
school boards, drainage boards, the governing bodies of incorporated
cities, railroad companies and other transportation companies or their
authorized agents and those supervising state-owned lands to control the
spread of and to eradicate by methods approved by the state department of
agriculture field bindweed (convolvulus arvensis) hereby designated as a
noxious and dangerous weed to agriculture. (L. 1941 p. 302 § 14264)

It shall be the duty of any person or persons, association of
persons, corporations, partnerships, the state highways and
transportation commission, any state department, any state agency, the
county commissions, the township boards, school boards, drainage boards,
the governing bodies of incorporated cities, railroad companies and other
transportation companies or their authorized agents and those supervising
state-owned lands:

(1) To control and eradicate the spread of cut-leaved teasel (Dipsacus
laciniatus) and common teasel (Dipsacus fullonum), which are hereby
designated as noxious and dangerous weeds to agriculture, by methods
approved by the Environmental Protection Agency and in compliance with
the manufacturer's label instructions; and

(2) To control the spread of kudzu vine (Pueraria lobata), which is
hereby designated as a noxious and dangerous weed to agriculture, by
methods approved by the Environmental Protection Agency and in compliance
and conformity with the manufacturer's label instructions. (L. 2001 H.B.
473 merged with S.B. 345)

Any person who shall violate any of the provisions of sections
263.210 to 263.240 shall, upon conviction, be guilty of a misdemeanor.
(RSMo 1939 § 14264, A.L. 1941 p. 302 § 14264a, A.L. 1979 H.B. 259)

Prior revisions: 1929 § 12601; 1919 § 12122; 1909 § 747

The plant, purple loosestrife (Lythrum salicaria), and any
hybrids thereof, is hereby designated a noxious weed. No person shall
buy, sell, offer for sale, distribute or plant seeds, plants or parts of
plants of purple loosestrife without a permit issued by the Missouri
department of conservation. Such permits shall be issued only for
experiments to control and eliminate nuisance weeds. Any person who
violates the provisions of this section shall be guilty of a class A
misdemeanor. (L. 1989 H.B. 869 § 1)

Any state agency purchasing seed from a nondomestic source,
which seed contains any weed not native to this state which has been
declared a noxious weed by this or any other state, shall be liable for
eradication of the noxious weed or shall be liable to a landowner for
costs of eradication. (L. 1989 H.B. 869 § 2)

1. All owners of land in any county with a township form of
government, located north of the Missouri River and having no portion of
the county located east of U.S. Highway 63 and located in any county of
the third classification without a township form of government and with
more than four thousand one hundred but fewer than four thousand two
hundred inhabitants, or in any county of the third classification without
a township form of government and with more than two thousand three
hundred but fewer than two thousand four hundred inhabitants shall
control all brush growing on such owner's property that is designated as
the county right-of-way or county maintenance easement part of such
owner's property and which is adjacent to any county road. Such brush
shall be cut, burned or otherwise destroyed as often as necessary in
order to keep such lands accessible for purposes of maintenance and
safety of the county road.

2. The county commission, either upon its own motion or upon receipt of a
written notice requesting the action from any residents of the county in
which the county road bordering the lands in question is located or upon
written request of any person regularly using the county road, may
control such brush so as to allow easy access to the land described in
subsection 1 of this section, and for that purpose the county commission,
or its agents, servants, or employees shall have authority to enter on
such lands without being liable to an action of trespass therefor, and
shall keep an accurate account of the expenses incurred in eradicating
the brush, and shall verify such statement under seal of the county
commission, and transmit the same to the officer whose duty it is or may
be to extend state and county taxes on tax books or bills against real
estate. Such officer shall extend the aggregate expenses so charged
against each tract of land as a special tax, which shall then become a
lien on such lands, and be collected as state and county taxes are
collected by law and paid to the county commission and credited to the
county control fund.

3. Before proceeding to control brush as provided in this section, the
county commission of the county in which the land is located shall notify
the owner of the land of the requirements of this law by certified mail,
return receipt requested, from a list supplied by the officer who
prepares the tax list, and shall allow the owner of the land thirty days
from acknowledgment date of return receipt, or date of refusal of
acceptance of delivery as the case may be, to eradicate all such brush
growing on land designated as the county right-of-way or county
maintenance easement part of such owner's land and which is adjacent to
the county road. In the event that the property owner cannot be located
by certified mail, notice shall be placed in a newspaper of general
circulation in the county in which the land is located at least thirty
days before the county commission removes the brush pursuant to
subsection 2 of this section. Such property owner shall be granted an
automatic thirty-day extension due to hardship by notifying the county
commission that such owner cannot comply with the requirements of this
section, due to hardship, within the first thirty-day period. The
property owner may be granted a second extension by a majority vote of
the county commission. There shall be no further extensions. For the
purposes of this subsection, "hardship" may be financial, physical or any
other condition that the county commission deems to be a valid reason to
allow an extension of time to comply with the requirements of this
section.

4. County commissions shall not withhold rock, which is provided from
funds from the county aid road trust fund, for maintaining county roads
due to the abutting property owner's refusal to remove brush located on
land designated as the county right-of-way or county maintenance easement
part of such owner's land. County commissions shall use such rock on the
county roads, even though the brush is not removed, or county commissions
may resort to the procedures in this section to remove the brush. (L.
1987 H.B. 734 § 1, A.L. 1992 H.B. 1199, A.L. 1993 H.B. 536 merged with
S.B. 84, A.L. 2005 H.B. 58 merged with S.B. 210)

1. Section 263.245 shall become effective only in those counties
described in subsection 1 of section 263.245 in which the governing body
of the county submits to the voters of the county, at a regularly
scheduled countywide election, a proposal to implement the provisions of
section 263.245. The governing body of the county shall give notice of
the election by publication in a newspaper of general circulation in the
county for two consecutive weeks, the last insert of which shall be
within ten days of the election.

2. The ballot of submission shall include, but not be limited to, the
following language:

Shall the county of........................ (county's name) enforce brush
control adjacent to county roads?

[ ] YES [ ] NO If you are in favor of the question, place an "X" in the
box opposite "Yes". If you are opposed to the question, place an "X" in
the box opposite "No".

3. If a majority of the votes cast at the election are in favor of such
proposal, section 263.245 shall become effective in that county. If a
majority of the votes cast at the election are opposed to such proposal,
section 263.245 shall not become effective in that county.

4. The governing body of any county in which the provisions of section
263.245 are in effect may, on its own motion, call for an election to
repeal the implementation of section 263.245 in that county. The election
shall be held at the same time and in the same manner as an election to
implement section 263.245 in the county as prescribed in subsections 1 to
3 of this section, except that the ballot of submission shall include,
but not be limited to, the following language:

Shall the county of.................... (county's name) discontinue
enforcement of brush control adjacent to county roads?

[ ] YES [ ] NO (L. 1987 H.B. 734 § 2, A.L. 1992 H.B. 1199)

1. The plant "marijuana", botanically known as cannabis sativa,
is hereby declared to be a noxious weed and all owners and occupiers of
land shall destroy all such plants growing upon their land. Any person
who knowingly allows such plants to grow on his land or refuses to
destroy such plants after being notified to do so shall allow any sheriff
or such other persons as designated by the county commission to enter
upon any land in this state and destroy such plants.

2. Entry to such lands shall not be made, by any sheriff or other
designated person to destroy such plants, until fifteen days' notice by
certified mail shall be given the owner or occupant to destroy such
plants or a search warrant shall be issued on probable cause shown. In
all such instances, the county commission shall bear the cost of
destruction and notification. (L. 1951 p. 3 § 1, A.L. 1971 H.B. 199, A.L.
1992 H.B. 1199)

1. Upon the petition of one hundred landowners in any county the
county commission shall declare that a threat exists to the agricultural
economy of the county by reason of the growth and infestation of a
species of grass, Sorghum halepense, commonly known as "Johnson grass".
After such declaration there shall be submitted to the qualified voters
of the county at the next general election or a special election called
for that purpose, the question of enforcing the provisions of sections
263.255 to 263.267. The commission shall give notice of the election by
publication in a newspaper published in the county for three weeks
consecutively, the last insert of which shall be at least ten days before
the day of the election. There shall be written or printed on each ballot
voted at said election the following: "For Enforcing the Law Controlling
and Eradicating Johnson Grass"--"Against Enforcing the Law Controlling
and Eradicating Johnson Grass". At any such election, the voting, making
returns thereof, and casting up the result shall be governed in all
respects by the laws applicable to general elections for state and county
purposes.

2. If a majority of the votes cast at the election are in favor of
enforcing the law controlling and eradicating Johnson grass, the clerk of
the county commission shall enter upon the county commission's records
the result of the election and within ten days after the election, shall
notify the state director of agriculture of the result of the election.
If a majority of the votes cast at the election are not in favor of
enforcing such law, the question shall not be resubmitted for at least
two years after the election. (L. 1957 p. 9 §§ 1, 2)

1. The state director of agriculture shall within thirty days
after receipt of the notice from the clerk of the county commission as
provided in subsection 2 of section 263.255 declare such county a
"Johnson Grass Extermination Area" and the director of agriculture shall
cause suitable notice to be published in a newspaper in the county for
three consecutive weeks. The notice shall contain, among other things,
that the county has been declared a Johnson grass extermination area and
that all property owners in the county shall, not later than April
thirtieth of the subsequent year, take steps toward controlling and
eradicating Johnson grass on all lands owned by them or under their
control.

2. The state director of agriculture shall within ten days after receipt
of the notice provided in subsection 1 appoint a three-man county weed
control board, composed of citizens of the county, to serve as advisers
and to assist in the administration of sections 263.255 to 263.267, and
to perform such other duties as prescribed by the director of
agriculture. Members of the board shall receive no salary but shall be
fairly reimbursed by the county commission for necessary expenses
incurred in performance of their duties. (L. 1957 p. 9 §§ 3, 4)

1. The state director of agriculture shall have the following
duties:

(1) He shall supervise the control and eradication of Johnson grass;

(2) He shall inspect lands and places for compliance with the provisions
of sections 263.255 to 263.267;

(3) He shall inform himself of the origin, nature and appearance of
Johnson grass and the manner in which it is disseminated and shall follow
recommendations of the Missouri college of agriculture as to the best and
approved method to control, eradicate and prevent the dissemination of
Johnson grass;

(4) He shall cooperate with and have authority to enter into cooperative
agreements with state and federal agencies and departments for the
furtherance of the control and eradication of Johnson grass. The state
director shall make all rules and regulations for carrying out the
provisions and requirements of sections 263.255 to 263.267.

2. The county weed control board under the supervision of the director of
agriculture shall inspect or cause to be inspected all lands of the
county between the dates of August fifteenth and October thirty-first of
each year during which the county is classed as a Johnson grass
extermination area. The director or his designated representative, as
well as the county weed control board or the designated representative of
the board shall have the right of ingress or egress upon all lands in the
county in making an inspection or performing any other duties imposed by
sections 263.255 to 263.267. All failures to comply with the provisions
of sections 263.255 to 263.267 shall be reported to the prosecuting
attorney of the county and it shall be his duty to prosecute all
violations of sections 263.255 to 263.267 in the manner provided in
section 263.262. (L. 1957 p. 9 §§ 6, 8, A.L. 1959 H.B. 486)

It shall be the duty of public utilities, the state
transportation department, the county commission, railroads, drainage
districts, township boards, special road districts and other public and
quasi-public corporations and every land owner in Johnson grass
extermination areas:

(1) To control and eradicate Johnson grass and to prevent its regrowth
and reinfestation on all lands, rights-of-way and easements owned,
occupied or controlled by them;

(2) To employ methods of control and eradication and for the prevention
of the regrowth and reinfestation of Johnson grass as directed by the
director of agriculture of the county weed control board;

(3) To comply with all orders, rules and regulations promulgated by the
director of agriculture pursuant to the provisions of sections 263.255 to
263.267. (L. 1957 p. 9 § 11)

The existence or growth of Johnson grass in an electing county
is hereby declared to be a public and common nuisance and the prosecuting
attorney for each county shall have the duty to bring an action in the
circuit court of the county to enjoin such nuisance. The action shall be
in the name of the state of Missouri and shall be tried as a suit in
equity before the court, and shall be against all persons permitting or
maintaining such nuisance. The complaint in said action shall recite that
thirty days' advance notice of the action has been served upon the
defendants thereto, and that said defendants have taken no suitable
action to comply with the provisions of the law prior to the filing of
the complaint. Any landowner whose land is adjacent to or within one
hundred feet of land on which such nuisance is permitted or maintained
and who is undertaking a Johnson grass control program may bring a civil
action for injunction against any person permitting or maintaining such
nuisance and shall, in addition to injunctive relief, be entitled to
recover as a penalty the sum of five hundred dollars as well as a
reasonable attorney fee and any actual damages sustained as a result of
such nuisance. (L. 1957 p. 9 § 12, A.L. 1977 H.B. 297)

CROSS REFERENCE: Nuisance abatement ordinances authorized for debris or
noxious weeds on property, effect of failure to remove nuisance, penalty,
RSMo 67.398

The provisions of sections 263.261 and 263.262 shall take effect
and be in full force on April thirtieth of the subsequent year as
required in subsection 1 of section 263.257. (L. 1957 p. 9 § 10, A.L.
1959 H.B. 486)

The county commission, township board and special road district
of any county declared a Johnson grass extermination area, in addition to
any and all taxing powers which it may possess shall be authorized to
levy upon all property subject to its authority a tax in an amount not to
exceed five cents on each one hundred dollars assessed valuation, for the
purpose of paying the expenses of the county weed control board or the
agent of the board in making the inspection required under the provisions
of section 263.259, and for the expense of controlling and eradicating
Johnson grass on county roads and rights-of-way, provided that not more
than twenty-five percent of the taxes so levied and collected shall be
used for administrative purposes. The cost of control and eradication of
Johnson grass on all lands and highways owned or supervised by the state
transportation department shall be paid by the transportation department
out of funds appropriated for its use. (L. 1957 p. 9 § 7, A.L. 1959 H.B.
486)

It shall be the duty of public utilities, the state
transportation department, the county commission, railroads, drainage
districts, township boards, special road districts and other public and
quasi-public corporations to follow recommendations of the Missouri
college of agriculture as to the best and approved method to control,
eradicate and prevent the dissemination of Johnson grass. (L. 1957 p. 9 §
5)

Classification of a county as a Johnson grass extermination area
shall be terminated by an order of the county commission of such county
and an election conducted in the manner and form prescribed for
classifying such county as a Johnson grass extermination area. Elections
covered under this section may not be presented to the qualified voters
more often than once every two years. (L. 1957 p. 9 § 9, A.L. 1977 H.B.
297)

As used in sections 263.450 to 263.474, the term "noxious weed"
includes bindweed (Convolvulus arvensis), Johnson grass (Sorghum
halepense), multiflora rose (Rosa multiflora) except when cultivated for
or used as understock for cultivated roses, Canada thistle (Cirsium
arvense), musk thistle (Carduus nutans L.), Scotch thistle (Onoprodum
acanthium L.), purple loosestrife (Lythrum salicaria), and any other weed
designated as noxious by rules and regulations promulgated by the
director of the department of agriculture. (L. 1992 H.B. 1199 § 1, A.L.
1993 S.B. 52)

1. Upon motion of the county commission, or upon the petition of
one hundred landowners in any county, the county commission shall declare
that a threat exists to the agricultural economy of the county by reason
of the growth and infestation of noxious weeds. After such declaration
there shall be submitted to the qualified voters of the county at the
next general election, the question of enforcing the provisions of
sections 263.450 to 263.474. The question shall be submitted
substantially as follows:

Shall the county of ................... become a "Noxious Weed Control
Area" by adopting the provisions of sections 263.450 to 263.474, RSMo,
providing for the control of noxious weeds, and authorizing the county
commission to levy a tax of up to fifteen cents on each one hundred
dollars of assessed valuation to provide funds for the control of noxious
weeds?

[ ] YES [ ] NO

(Place an X in the square opposite the one for which you wish to vote.)

2. The election thereon shall be conducted, votes canvassed, and the
results declared in the manner provided in chapter 115, RSMo, for county
general elections. If a majority of the votes cast at the election are in
favor of enforcing the law controlling noxious weeds, the clerk of the
county commission shall enter upon the commission records the result of
the election and, within ten days after the election, shall notify the
state director of agriculture of the result of the election. If a
majority of the votes cast at the election are not in favor of enforcing
such law, the question shall not be resubmitted for at least two years
after the election. (L. 1992 H.B. 1199 § 2)

1. The state director of agriculture shall within thirty days
after receipt of the notice from the clerk of the county commission as
provided in subsection 2 of section 263.452 declare such county a
"Noxious Weed Control Area" and the county commission shall cause
suitable notice to be published in a newspaper of general circulation in
the county for three consecutive weeks. The notice shall contain the fact
that the county has been declared a noxious weed control area, a list of
all noxious weeds and a statement that all property owners in the county
shall, not later than the April thirtieth immediately following the
publication of the notice, take steps toward controlling noxious weeds on
all lands owned by them or under their control.

2. The county commission of any county declared a noxious weed control
area shall, within ten days after such declaration, appoint a county weed
control board, composed of three citizens of the county, to serve as
advisors and to assist in the administration of sections 263.450 to
263.474, and to perform such other duties related to the control of
noxious weeds as prescribed by the county commission. Members of the
board shall receive no salary but shall be fairly reimbursed by the
county commission for actual and necessary expenses incurred in
performance of their duties. Appointments to the county weed control
board shall be for terms of three years, except that of the initial
appointments, one person shall be appointed for one year, one person
shall be appointed for two years and one person shall be appointed for
three years. Each year thereafter, one person shall be appointed to fill
the expired term. (L. 1992 H.B. 1199 § 3)

1. Each county weed control board shall have the following
duties:

(1) To control noxious weeds and to prevent their regrowth and
reinfestation, by means of appropriate chemical control or biological
control or both, on all lands in the county other than lands owned by a
public utility and lands, rights-of-way, and easements appurtenant or
incidental to lands controlled by any railroad, the department of
transportation, the department of natural resources or the department of
conservation;

(2) To employ methods of control and for the prevention of the regrowth
and reinfestation of noxious weeds as directed by the county commission;

(3) To comply with all orders promulgated by the county commission
pursuant to the provisions of sections 263.450 to 263.474;

(4) To inspect all lands in the county for compliance with the provisions
of sections 263.450 to 263.474;

(5) To inform itself of the origin, nature and appearance of noxious
weeds and the manner in which they are spread, and shall follow
recommendations of the University of Missouri college of agriculture as
to the best and approved method to control and prevent the spread of
noxious weeds.

2. The director of agriculture may cooperate with and may enter into
cooperative agreements with state and federal agencies and departments
for the furtherance of the control of noxious weeds. The county
commission shall make orders following a public hearing for carrying out
the provisions and requirements of sections 263.450 to 263.474, including
orders which designate a weed as noxious.

3. The county weed control board, under the supervision of the county
commission, shall inspect or cause to be inspected all lands of the
county each year during which the county is classed as a noxious weed
control area. The board shall publish notice of such inspection at least
once and at least one week prior to such inspection in a newspaper of
general circulation within the county. The county weed control board or
the designated representative of the board may enter or exit all lands in
the county in making an inspection or performing any other duties imposed
by sections 263.450 to 263.474, and for these purposes the county weed
control board, or its agents, servants, or employees may enter on such
lands without being liable to an action of trespass, and shall have such
official immunity as exists at common law for any misfeasance or damages
occurring in connection with the execution of the duties imposed by
sections 263.450 to 263.474. Notwithstanding any provision of law to the
contrary, the county weed control board shall be liable for any
misfeasance or damages caused by its agents, servants, or employees in
connection with the execution of the duties imposed by sections 263.450
to 263.474; and the agents, servants, or employees of* the weed control
board shall be entitled to indemnification from the noxious weed fund for
any misfeasance or damages occurring in connection with the execution of
the duties imposed by sections 263.450 to 263.474. The landowner shall
owe no duty of care to such persons, except that which the landowner owes
to trespassers. If the landowner will not control the noxious weeds, the
county commission may enter the land and control such weeds, and the
county commission shall keep an accurate record of the expenses incurred
in controlling noxious weeds, and shall verify such statement under seal
of the county commission, and transmit the same to the officer whose duty
it is or may be to extend state and county taxes on tax books or bills
against real estate and such officer shall extend the aggregate expenses
so charged against each tract of land as a special tax, which shall then
become a lien on the lands and be collected as state and county taxes are
collected by law and paid to the county commission and credited to the
county control fund. All failures to comply with the provisions of
sections 263.450 to 263.474 shall be reported to the prosecuting attorney
of the county and it shall be his duty to prosecute all violations of
sections 263.450 to 263.474 in the manner provided in section 263.460.
(L. 1992 H.B. 1199 § 4)

*Word "or" appears in original rolls.

It shall be the duty of public utilities on all land they own,
and the department of transportation, the department of natural
resources, the department of conservation, and the United States
government and any agency thereof, and railroads on all lands,
rights-of-way and easements owned, occupied or controlled by them, in
noxious weed control areas:

(1) To control noxious weeds and to prevent their regrowth and
reinfestation;

(2) To employ methods of control and for the prevention of the regrowth
and reinfestation of noxious weeds as directed by the county weed control
board;

(3) To comply with all orders, rules and regulations promulgated by the
county commission pursuant to the provisions of sections 263.450 to
263.474. (L. 1992 H.B. 1199 § 5)

The existence or growth of noxious weeds in a noxious weed
control area is hereby declared to be a public and common nuisance and
the prosecuting attorney for each county declared a noxious weed control
area may bring an action in the circuit court of the county to enjoin
such nuisance. The action shall be in the name of the state of Missouri
and shall be tried as a suit in equity before the court, and shall be
against all persons permitting or maintaining such nuisance. The
complaint in the action shall recite that fifteen days' advance notice of
the action has been served upon the defendants thereto, and that the
defendants have taken no suitable action to comply with the provisions of
the law prior to the filing of the complaint. (L. 1992 H.B. 1199 § 6)

CROSS REFERENCE: Nuisance abatement ordinances authorized for debris or
noxious weeds on property, effect of failure to remove nuisance, penalty,
RSMo 67.398

The county commission, township board and special road district
of any county declared a noxious weed control area, in addition to any
and all taxing powers which it may possess, may levy upon all property
subject to its authority a tax in an amount not to exceed fifteen cents
on each one hundred dollars assessed valuation, for the purpose of paying
the expenses of the county weed control board or the agent of the board
in making the inspection required under the provisions of section
263.456, and for the expense of controlling noxious weeds on county
roads, rights-of-way, and at other places where noxious weeds may be
found. All of the cost of control of noxious weeds on all lands and
highways owned or supervised by the department of transportation shall be
paid by the department of transportation out of funds appropriated for
its use, and the county commission may share costs pursuant to contract
with the landowners of property where noxious weeds may be found. (L.
1992 H.B. 1199 § 7)

All public utilities, the department of transportation, the
department of conservation, the county commission, railroads, drainage
districts, township boards, special road districts and other public and
quasi-public corporations shall use only EPA approved chemicals or
biological agents labeled to control the targeted noxious weeds. The
University of Missouri college of agriculture may serve as an advisor if
expertise is required by the applicator. (L. 1992 H.B. 1199 § 8)

Classification of a county as a noxious weed control area shall
be terminated by an order of the county commission of such county and an
election conducted in the manner and form prescribed for classifying such
county as a noxious weed control area. Elections covered under this
section may not be presented to the qualified voters more often than once
every two years. (L. 1992 H.B. 1199 § 9)

1. The governing body of any county of this state not declared a
noxious weed control area may opt to establish a "County Noxious Weed
Fund" for the purpose of making grants on a cost share basis for the
control of any noxious weed.

2. Any eligible county opting to establish a county noxious weed fund
shall establish a noxious weed control program. No resident or owner of
land of any county shall be required to participate in such a county
noxious weed control program. Any resident or landowner making
application for cost share grants under this section shall participate in
such program.

3. For the purpose of administering the county noxious weed fund, the
county governing body shall have sole discretion of awarding cost share
grants under this section.

4. For the purpose of funding the county noxious weed fund, the county
governing body may appropriate county funds, or solicit municipality,
state agency, and federal agency funds. All such funds shall be deposited
in the county noxious weed fund to be expended for the sole purpose of
controlling noxious weeds.

5. Any county opting to establish a county noxious weed control program
under this section may make orders governing the program, and any county
opting to establish a county noxious weed fund under this section may
establish a cost share ratio on an annual basis beginning with the
creation of the fund for all landowners, other than railroads, public
utilities, the department of transportation, the department of
conservation, and all other state agencies. (L. 1992 H.B. 1199 § 10)

No county may elect to declare itself a Johnson grass
extermination area pursuant to sections 263.255 to 263.267, after August
28, 1992. (L. 1992 H.B. 1199 § 11)

1. Upon the motion of the county commission or upon the petition
of one hundred landowners in any county which has elected to declare
itself a Johnson grass extermination area pursuant to sections 263.255 to
263.267, there shall be submitted to the qualified voters of the county
at the next general election the question of converting a Johnson grass
extermination program, established pursuant to sections 263.255 to
263.267, to a noxious weed control program pursuant to sections 263.450
to 263.474. The question shall be submitted substantially as follows:

Shall the county of ................... convert its Johnson grass
extermination program to a noxious weed control program pursuant to
sections 263.450 to 263.474, RSMo, and authorize the county commission to
levy a tax of up to fifteen cents on each one hundred dollars of assessed
valuation to provide funds for the control of noxious weeds, and to use
taxes already collected under the Johnson grass extermination law for
these purposes?

[ ] YES [ ] NO

(Place an X in the square opposite the one for which you wish to vote.)

2. The election thereon shall be conducted, votes canvassed, and the
results declared in the manner provided in chapter 115, RSMo, for county
general elections. (L. 1992 H.B. 1199 § 12)

No local governing body shall provide for or compel the control
of undesirable plants on private property pursuant to sections 263.450 to
263.474 without first applying the same or greater control measures to
any land or rights-of-way owned or controlled by the local governing body
that are adjacent to the private property. (L. 1992 H.B. 1199 § 13)

Sections 263.500 to 263.537 shall be known and may be cited as
the "Missouri Boll Weevil Suppression Eradication Act". (L. 1995 S.B. 66
§ 1)

As used in sections 263.500 to 263.537, the following words
shall mean:

(1) "Assessment", the amount charged to each cotton grower to finance, in
whole or part, a program to suppress or eradicate the boll weevil in this
state, to be calculated on a per-acre basis;

(2) "Boll weevil", anthonomus grandis boheman in any state of development;

(3) "Certificate", a document issued or authorized by the department
indicating that a regulated article is not contaminated with boll weevils;

(4) "Cotton", any cotton plant or cotton plant product upon which the
boll weevil is dependent for completion of any portion of its life cycle;

(5) "Cotton grower", any person who is engaged in and has an economic
risk in the business of producing, or causing to be produced, for market,
cotton and will share equitably in expenses of the potential boll weevil
eradication program;

(6) "Department", the department of agriculture;

(7) "Host", any plant or plant product upon which the boll weevil is
dependent for completion of any portion of its life cycle;

(8) "Infested", actually infested with a boll weevil or so exposed to
infestation that it would be reasonable to believe that an infestation
exists;

(9) "Permit", a document issued or authorized by the department to
provide for the movement of regulated articles to restricted designations
for limited handling, utilization, or processing;

(10) "Person", any individual, partnership, corporation, company,
society, or association, or other business entity;

(11) "Regulated article", any article of any character carrying or
capable of carrying the boll weevil, including but not limited to cotton
plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment,
mechanical cotton pickers, and other equipment associated with cotton
production, harvesting, or processing. (L. 1995 S.B. 66 § 2)

1. The department may promulgate regulations restricting the
pasturage of livestock, entry by persons, and location of honeybee
colonies, or other activities affecting the boll weevil eradication
program in any premises in an eradication zone which have been or are to
be treated with pesticides or otherwise treated to cause the eradication
of the boll weevil, or in any other area that may be affected by such
treatments.

2. The department may adopt such other rules and regulations as it deems
necessary to further effectuate the purposes of sections 263.500 to
263.537.

3. No rule or portion of a rule promulgated under the authority of
sections 263.500 to 263.537 shall become effective until it has been
approved by the joint committee on administrative rules in accordance
with the procedures provided in this section, and the delegation of the
legislative authority to enact law by the adoption of such rules is
dependent upon the power of the joint committee on administrative rules
to review and suspend rules pending ratification by the senate and the
house of representatives as provided in this section.

4. Upon filing any proposed rule with the secretary of state, the
department shall concurrently submit such proposed rule to the committee,
which may hold hearings upon any proposed rule or portion thereof at any
time.

5. A final order of rulemaking shall not be filed with the secretary of
state until thirty days after such final order of rulemaking has been
received by the committee. The committee shall hold one or more hearings
upon such final order of rulemaking during the thirty-day period within
the affected area. If the committee does not disapprove such order of
rulemaking within the thirty-day period, the department may file such
order of rulemaking with the secretary of state and the order of
rulemaking shall be deemed approved.

6. The committee may, by majority vote of the members, suspend the order
of rulemaking or portion thereof by action taken prior to the filing of
the final order of rulemaking only for one or more of the following
grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon
which the proposed rule is based.

7. If the committee disapproves any rule or portion thereof, the
department shall not file such disapproved portion of any rule with the
secretary of state and the secretary of state shall not publish in the
Missouri Register any final order of rulemaking containing the
disapproved portion.

8. If the committee disapproves any rule or portion thereof, the
committee shall report its findings to the senate and the house of
representatives. No rule or portion thereof disapproved by the committee
shall take effect so long as the senate and the house of representatives
ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has
been disapproved by the joint committee.

9. Upon adoption of a rule as provided in this section, any such rule or
portion thereof may be suspended or revoked by the general assembly
either by bill or, pursuant to section 8, article IV of the Constitution
of Missouri, by concurrent resolution upon recommendation of the joint
committee on administrative rules. The committee shall be authorized to
hold hearings and make recommendations pursuant to the provisions of
section 536.037, RSMo. The secretary of state shall publish in the
Missouri Register, as soon as practicable, notice of the suspension or
revocation. (L. 1995 S.B. 66 § 3)

The department may carry out programs to suppress or eradicate
the boll weevil in this state. The department may cooperate with any
agency of the federal government, any state, any other agency in this
state, or any person engaged in growing, processing, marketing, or
handling cotton, or any group of such persons in this state, in programs
to effectuate the purposes of sections 263.500 to 263.537 and may enter
into written agreements to effectuate such purposes. Such agreements may
provide for cost sharing, and for division of duties and responsibilities
under sections 263.500 to 263.537 and may include other provisions
generally to effectuate the purposes of sections 263.500 to 263.537. (L.
1995 S.B. 66 § 4)

1. The director of the department may enter cotton fields,
cotton processing facilities, and other premises in order to carry out
suppression or eradication activities, including, but not limited to,
treatment with pesticides, monitoring, and destruction of growing cotton
or other host plants, as may be necessary to carry out the provisions of
sections 263.500 to 263.537.

2. The department may make inspection of any fields or premises in this
state and any property located therein or thereon for the purpose of
determining whether such property is infested with the boll weevil. Such
inspection and other activities shall be conducted in a reasonable manner
without a warrant at any reasonable daylight hours falling between
sunrise and sunset.

3. Any judge of this state may, within his jurisdiction, and upon proper
cause shown, issue a warrant giving the department the right of entry to
any premises for the purpose of carrying out the provisions of this
section or other activities authorized by sections 263.500 to 263.537.
(L. 1995 S.B. 66 § 5)

Every person growing cotton in this state shall furnish to the
department on forms supplied by the department, such information as the
department may require, concerning the size and location of all
commercial cotton fields and of noncommercial patches of cotton grown as
ornamentals or for other purposes. (L. 1995 S.B. 66 § 6)

1. The department may promulgate regulations quarantining this
state, or any portion thereof, and governing the storage or other
handling in the quarantined areas of regulated articles and the movement
of regulated articles into or from such areas. The department shall
determine when such action is necessary, or appears reasonably necessary,
to prevent or retard the spread of the boll weevil.

2. The department may promulgate regulations governing the movement of
regulated articles from other states or portions thereof into this state
when such state is known to be infested with the boll weevil. (L. 1995
S.B. 66 § 7)

1. The department may designate by regulation one or more areas
of this state as eradication zones where boll weevil eradication programs
will be undertaken.

2. The department may promulgate reasonable regulations regarding areas
where cotton cannot be planted within an eradication zone when there is
reason to believe it will jeopardize the success of the program or
present a hazard to public health or safety.

3. The department may issue regulations prohibiting the planting of
noncommercial cotton in such elimination zones and requiring that all
growers of commercial cotton in the eradication zones participate in a
program of boll weevil eradication including cost sharing as prescribed
in the regulations.

4. Notice of such prohibition and requirement shall be given by
publication for one day each week for three successive weeks in a
newspaper having general circulation in the affected area.

5. When a grower fails to meet the requirements of regulations
promulgated by the department, the department shall have authority in
eradication zones to destroy cotton not in compliance with such
regulations. (L. 1995 S.B. 66 § 8)

1. The department may destroy, or, at its discretion, cause to
be treated with pesticides, volunteer or other noncommercial cotton and
to establish procedures for the purchase and destruction of commercial
cotton in eradication zones when the department deems such action
necessary to effectuate the purposes of sections 263.500 to 263.537.

2. No payment shall be made by the department to the owner or lessee for
the destruction or injury of any cotton which was planted in an
eradication zone after publication of notice as provided in sections
263.500 to 263.537, or was otherwise handled in violation of sections
263.500 to 263.537, or the regulations adopted pursuant to sections
263.500 to 263.537.

3. The department shall pay for losses resulting from the destruction of
cotton which was planted in such zones prior to promulgation of such
notice. (L. 1995 S.B. 66 § 9)

1. The department shall certify a cotton growers' organization
for the purpose of entering into agreements with the state of Missouri,
other states, the federal government, and other parties as may be
necessary to carry out the purposes of sections 263.500 to 263.537.

2. In order to be eligible for certification by the department, the
cotton growers' organization must demonstrate to the satisfaction of the
department that:

(1) It is a nonprofit organization and could qualify as a tax exempt
organization under Section 501(a) of the Internal Revenue Code;

(2) Membership in the organization shall be open to all cotton growers in
this state.

3. The organization shall have only one class of members with each member
entitled to only one vote.

4. The organization's board of directors shall be composed as follows:

(1) Two Missouri cotton growers recommended by the department, to be
appointed by the governor;

(2) Three Missouri cotton growers recommended by the largest general farm
organization in this state, to be appointed by the governor;

(3) Three Missouri cotton growers recommended by the largest cotton
producer organization in this state, to be appointed by the governor;

(4) One representative of state government from this state recommended by
the department, to be appointed by the governor.

5. Directors shall serve for three-year terms, but of the first board
appointed three members shall serve for a term of one year, three members
shall serve for two years and three members shall serve for three years.
All books and records of account and minutes of proceedings of the
organization shall be available for inspection or audit by the department
at any reasonable time. (L. 1995 S.B. 66 § 10)

1. Upon determination by the department that the organization
meets the requirements of section 263.523, the department shall certify
the organization as the official cotton growers' organization.

2. Such certification shall be for the purposes of sections 263.500 to
263.537 only, and shall not affect other organizations or associations of
cotton growers established for other purposes.

3. The department shall certify only one such organization and may revoke
the certification of the organization if at any time the organization
shall fail to meet the requirements of sections 263.500 to 263.537. (L.
1995 S.B. 66 § 11)

1. At the request of the certified organization, the department
shall authorize a statewide referendum among cotton growers on the
question of whether an assessment shall be levied upon cotton growers in
the state to offset, in whole or in part, the cost of boll weevil
suppression or eradication programs authorized by sections 263.500 to
263.537 or any other law of this state. Such program shall be designed on
a regional basis so as to reflect the differences in boll weevil
infestation and the relative cost of financing a boll weevil suppression
and eradication program in the respective regions.

2. The assessment levied under sections 263.500 to 263.537 shall be based
upon the number of acres of cotton planted in the eradication area. The
amount of the assessment, the period of time for which it shall be
levied, how it shall be levied, when it shall be paid, and the
geographical area to be covered by the assessment shall be determined by
the department in consultation with the official cotton board of
directors established in section 263.523. The department shall promulgate
only those regulations necessary pursuant to this section.

3. All affected cotton growers shall be entitled to one vote in any such
referendum. The department, after consultation with the certified
organization, shall determine any questions of eligibility to vote.

4. Each eligible cotton grower shall be mailed a ballot upon which to
cast a vote for or against the boll weevil suppression and eradication
program.

5. If at least two-thirds of those voting vote in favor of the
assessment, then the assessment shall be collected by the department from
the affected cotton growers.

6. The assessments collected by the department under sections 263.500 to
263.537 shall be promptly remitted to the certified organization under
such terms and conditions as the department shall deem necessary to
ensure that such assessments are used in a sound program of eradication
or suppression of the boll weevil.

7. The certified organization shall provide to the department an annual
audit of its accounts performed by a certified public accountant.

8. The assessments collected by the department under sections 263.500 to
263.537 shall not be state funds. All assessments shall be deposited into
a special fund to be established by the director of the department. The
fund shall be held in trust by the director for the benefit of the
certified organization and shall be invested in the manner required of
the state treasurer for state funds by sections 30.250, 30.260 and
30.270, RSMo. The director shall keep accurate records of the amount of
money in the fund collected for the certified organization and the
records shall be open to the inspection of officers of the organization.
The unexpended balance in the special fund at the end of the annual
period shall not be transferred to the general revenue fund, the
provisions of section 33.080, RSMo, notwithstanding. (L. 1995 S.B. 66 §
12, A.L. 1998 H.B. 1859 merged with S.B. 945)

Effective 7-10-98 (S.B. 945) 8-28-98 (H.B. 1859)

The arrangements for and management of any referendum held under
sections 263.500 to 263.537 shall be under the direction of the certified
organization. The organization shall bear all expenses incurred in
conducting the referendum, to include furnishing the ballots and
arranging for the necessary poll holders. (L. 1995 S.B. 66 § 13)

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. (L. 1995 S.B. 66 § 14, A.L. 2002 H.B. 1348 merged
with S.B. 865)

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, RSMo. Such lien shall attach in preference to any
prior lien, encumbrance or mortgage upon such cotton. (L. 1995 S.B. 66 §
15, A.L. 2004 S.B. 740, et al.)

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, RSMo, to the contrary, moneys in the fund shall not
revert to the credit of the general revenue fund at the end of the
biennium. (L. 1995 S.B. 66 § 16, A.L. 1998 H.B. 1859)

*Original rolls contain "263.257", apparent typographical error.

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.