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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 265 Regulation and Marketing of Agricultural Products
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As used in this chapter, the following words and terms shall
have the meaning indicated:
(1) "Agricultural products" shall include horticultural, viticultural,
dairy, bee, and any farm product;
(2) "Bushel", as applied to apples, when sold by the volume shall be
2150.4 cubic inches, and when sold by weight, means forty-eight pounds;
(3) "Director" means the director of the department of agriculture of
Missouri;
(4) "Grower", as applied to apples, any person owning or operating an
orchard and engaged in the production in Missouri of apples for sale;
(5) "Packer", as applied to apples, any person who packs apples for
shipment or sale;
(6) "Processing" or "manufacturing", as applied to apples, the commercial
drying, dehydrating, canning, pressing, powdering, extracting or use in
producing or manufacturing a by-product or manufactured article;
(7) "Shipment" and "shipped", as applied to apples, shall be deemed to
take place when the apples are loaded in the railroad car, motor vehicle,
boat, wagon, or other conveyance to be transported. Apples being moved
from the orchard where grown to a packing house or warehouse within the
immediate area of production shall not be deemed a shipment or to be
shipped;
(8) "Shipper", as applied to apples, any person who moves apples in the
channels of trade, whether retail, wholesale or by consignment. (RSMo
1939 § 14290, A.L. 1941 p. 305, A. 1949 S.B. 1093)
Prior revision: 1929 § 12628
In order to promote, protect, further, and develop the
agricultural interests of this state the director is hereby authorized
and empowered after investigation and public hearing to fix and
promulgate rules for grading and classifying any or all agricultural
products grown or produced in this state and to fix and promulgate rules
for containers of farm products and change any of them from time to time.
No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (RSMo 1939 § 14291, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)
Prior revision: 1929 § 12629
In promulgating the standards or any alterations or
modifications of such standards the director shall specify the date or
dates when the same shall become effective and shall give public notice
not less than thirty days in advance of such date or dates by such means
as he deems proper, and he is hereby authorized and empowered to employ
reasonable methods for diffusing information concerning the standard that
may be fixed by him for any agricultural product or container. (RSMo 1939
§ 14292)
Prior revision: 1929 § 12630
CROSS REFERENCE: Rules or regulations to be filed in office of the
secretary of state, when effective, Chap. 536, RSMo
The director is authorized to fix and promulgate rules for this
state for any agricultural product or container the standard for such
product or container which may have been promulgated or announced
therefor under the authority of the Congress of the United States, and in
carrying out the provisions of this chapter the director is authorized to
cooperate with the United States or any department thereof in
accomplishing the matters and things provided for herein. (RSMo 1939 §
14293, A.L. 1993 S.B. 52)
Prior revision: 1929 § 12631
The director may appoint employees and agents to assist in
carrying out the provisions of this chapter, and may fix their
compensation. The director may require any such employee or agent and any
inspector licensed under this chapter to execute and file with him a good
and sufficient bond, payable to the state, in such sum, not exceeding one
thousand dollars and with such sureties, as he may prescribe, conditioned
upon the faithful performance of such employee, agent or licensed
inspector of his duties as such employee, agent, or licensed inspector.
Any person injured by the failure of such employee, agent or licensed
inspector faithfully to perform such duties shall be entitled to sue on
such bond in his own name in any court of competent jurisdiction for the
recovery of such damages as he may have sustained by reason of such
failure. (RSMo 1939 § 14298)
Prior revision: 1929 § 12636
1. The director, at the request of interested producers, may
designate any competent employee or agent of the department of
agriculture and may license any other competent person and collect a
reasonable fee for such license, to inspect and classify agricultural
products in accordance with regulations established for the protection of
the consuming public. The director may revoke any license for cause after
a hearing or suspend any license temporarily without a hearing.
2. The director may determine the amount needed and collect from the
producers sufficient money to defray the shipping point inspection costs,
and the general assembly may appropriate funds from general revenue to be
used for supervisory costs of the inspection service. (RSMo 1939 § 14294,
A.L. 1959 H.B. 128)
Prior revision: 1929 § 12632
Whenever any quantity of any agricultural product shall have
been inspected hereunder and a question arises as to whether the
certificate issued therefor shows the true grade, classification, quality
or condition of such product, any interested person, subject to such
regulations as the director may prescribe, may appeal the question to him
and he is authorized to cause such investigation to be made and such
tests to be applied as he may deem necessary and to determine and issue a
finding of the true grade or classification of the product or of the
quality or condition thereof. Whenever an appeal shall be taken to the
director under this chapter, he shall charge and assess and collect, or
cause to be collected, a reasonable fee, to be fixed by him which shall
be refunded if the appeal is sustained. (RSMo 1939 § 14295)
Prior revision: 1929 § 12633
CROSS REFERENCE: Administrative procedure and review, Chap. 536, RSMo
A certificate when not superseded by a finding on appeal, or a
finding on appeal of the grade, classification, quality or condition of
any agricultural product, issued under this chapter and all certificates
issued under authority of the Congress of the United States relating to
the grade, classification, quality or condition of agricultural products
shall be accepted in any court of this state as prima facie evidence of
the true grade, classification, condition or quality of such agricultural
product at the time of its inspection. (RSMo 1939 § 14296)
Prior revision: 1929 § 12634
If any quantity of any agricultural product shall have been
inspected and a certificate issued hereunder showing the grade,
classification, quality or condition thereof no person shall represent
that the grade, classification, quality or condition of such product at
the time and place of such inspection was other than as shown by such
certificate. Whenever any standard for the grading or classification of
any agricultural product becomes effective under this chapter, it shall
be unlawful in or in connection with any transaction or transactions
involving such product in commerce subject to the jurisdiction of this
state or in any publication in this state of a price or prices for or in
connection with such transaction or transactions for any person to
indicate the grade of any agricultural product which is of or within the
grades fixed in said standard for such product by any name, description
or designation or any system of names, descriptions or designations not
used in said standard. Whenever any standard for a container for an
agricultural product becomes effective under this chapter, no person
thereafter shall manufacture for commerce within the jurisdiction of this
state, or sell, ship, or offer for sale in such commerce any container,
either filled or unfilled, to which the standard is applicable which does
not comply with such standard subject to such tolerances as may be
permitted under this chapter. Any person violating this section shall be
guilty of a misdemeanor and upon conviction thereof shall be fined not
less than twenty-five dollars or not more than one hundred dollars. (RSMo
1939 § 14300)
Prior revision: 1929 § 12638
The director shall, as provided in section 265.020, fix and
promulgate rules for grading and classifying apples; provided, that such
grades shall not conflict with any such grades or standards promulgated
by the United States Department of Agriculture, except as marketing
conditions in Missouri require the establishment of additional state
grades. (RSMo 1939 § 14301, A.L. 1993 S.B. 52)
All apples which are sold, offered or exposed for sale in
Missouri shall be plainly and conspicuously marked with a sign bearing
the name of the variety, the minimum size and the grade, and each package
of apples which is sold, offered, exposed, or packaged for sale by a
grower or packer shall, in addition, be plainly and conspicuously marked
with the name and address of the grower or packer. The director shall
exempt from the provisions of this section apples which are marked with,
and meet the requirements of, grades of the United States Department of
Agriculture or well established grades promulgated by other states;
provided, that such apples are otherwise marked in accordance with the
provisions of this section. Any person violating any of the provisions of
this section shall be deemed guilty of a misdemeanor. In addition, any
apples found to be offered or exposed for sale in violation of this
section may be ordered temporarily withdrawn from sale by the director,
pending either informal adjustment according to law between the director
or his duly authorized representative, and the person in charge of the
apples in question, or the filing of a formal complaint, without undue
delay, with the attorney general or prosecuting attorney. (RSMo 1939 §
14302, A.L. 1951 p. 305, A.L. 1945 p. 74)
The director shall be charged with the enforcement of the
provisions of this chapter and for that purpose shall have the power:
(1) To enter and inspect personally, or through any authorized
representative, any place within the state of Missouri where apples are
sold, offered or exposed for sale, and to inspect such places and all
apples and apple containers found in any such place;
(2) To inspect personally, or through any authorized representative, any
records required of Missouri apple growers in connection with the
enforcement of this chapter;
(3) To stop any wagon, truck, or other vehicle upon any public street or
road or upon any highway of the state for the purpose of inspecting any
apples that may be so transported;
(4) To make, publish and enforce such uniform rules and regulations as
are necessary for carrying out the provisions of this chapter. (RSMo 1939
§ 14303, A.L. 1945 p. 74)
There is hereby levied and imposed upon all apples grown in
Missouri in 1945 and annually thereafter, a merchandising fee of one cent
per bushel whether packed in any style package, loose in baskets, boxes,
crates, or any other container, or in bulk; provided, that the provisions
of this section shall not apply to apples shipped or sold for processing
or manufacturing purposes; and further provided, the provisions of this
section shall not be so construed as to apply to apples consumed,
processed or manufactured on the premises of the grower; and further
provided, that the provisions of this section shall not apply to cull
apples as defined by the director under the provisions of sections
265.020 and 265.120; and further provided, that of each grower's
production, not to exceed two hundred bushels of apples shall be exempted
from the provisions of this section. (L. 1941 p. 305 § 14303a, A.L. 1945
p. 74)
All fees levied and imposed by sections 265.130 to 265.210 shall
be due and payable during the calendar year as follows: Twenty-five
percent or more, based on the grower's estimate, prior to October first;
fifty percent or more, based on the grower's estimate prior to December
first, and twenty-five percent, or the balance, prior to or on December
thirty-first. The director shall require that every grower of apples
secure a certificate for shipment of apples; provided, that each grower
securing a certificate shall be furnished free of charge by the director
suitable forms for recording the harvest, use and sale of apples from his
orchard. It shall be the duty of every grower to keep a complete record
of all apples harvested, used, and shipped from his orchard. A copy of
such record as herein required shall be retained by the grower for a
period of one year from the date thereof and shall at all times be
available for and open to the inspection of the director or his
authorized representative. The burden of establishing the accuracy of any
such record or copy thereof shall rest on the grower making such record.
It shall be the duty of every grower to submit to the director not later
than December thirty-first each year a certified summary of apples
produced, harvested, used and shipped during the preceding crop season.
Such summary shall be entered on forms provided or approved by the
director. Any person who shall violate or aid in the violation of any
provision of this section shall be guilty of a misdemeanor. (L. 1941 p.
305 § 14303b, A.L. 1945 p. 74)
Any fee imposed by sections 265.130 to 265.210 and unpaid on the
date on which such fee was due and payable, as provided in section
265.160, shall bear interest at the rate of one percent per month from
and after such date until payment, plus accrued interest, is received by
the director. If, after due notice, any person defaults in any payment of
any fee or interest thereon, the amount due shall be collected by civil
action in the name of the state of Missouri at the relation of the
director, and the person adjudged in default shall pay the cost of such
action. The attorney general, at the request of the director, and, if
requested by the attorney general, the prosecuting attorney of any county
in which a cause of action arose under the provisions of sections 265.130
to 265.210 for the collection of fees due and unpaid, shall forthwith
institute proper action in the courts of this state for the collection of
fees or interest thereon due under said sections. (L. 1941 p. 305 §
14303c, A.L. 1945 p. 74)
1. All moneys received by the director under the provisions of
section 265.150 shall be paid to the state treasurer to be credited to
the "Apple Merchandising Fund" which is hereby created.
2. All moneys credited to the apple merchandising fund shall be
appropriated by the general assembly only for the purposes as herein set
forth, to be used exclusively for the administration and enforcement of
sections 265.130 to 265.210, including the collection of fees, the
payment for personal services and expenses of employees and agents of the
director, and the payment of rent, services, materials and supplies
necessary to effectuate the purposes and object of sections 265.130 to
265.210.
3. The unexpended balance in the apple merchandising fund at the end of
the biennium shall not be transferred to the ordinary revenue fund of the
state treasury and accordingly shall be exempt from the provisions of
section 33.080, RSMo, relating to the transfer of funds to the ordinary
revenue funds of the state by the state treasurer. (L. 1941 p. 305 §
14303d, A. 1949 S.B. 1093)
All moneys collected under sections 265.130 to 265.210 shall be
expended by the director of the department of agriculture only as
authorized in writing by the executive board of the Missouri state
horticultural society, as defined in section 262.020, RSMo, and shall be
expended exclusively to administer and enforce sections 265.130 to
265.220, and to effectuate the purposes and objects thereof. (L. 1941 p.
305 § 14303e)
The executive board of the Missouri state horticultural society
shall have the power and duty:
(1) To authorize the director to expend, within the appropriations
provided therefor, a designated amount of the moneys in the apple
merchandising fund in the enforcement of sections 265.130 and 265.140,
referring to the labeling of apples.
(2) To authorize the director to expend, within the appropriations
provided therefor, a reasonable amount of the moneys in the apple
merchandising fund in the administration of sections 265.150 to 265.180,
referring to the collection of levies imposed by this chapter.
(3) To authorize the director to apportion, within the appropriations
provided therefor, a reasonable amount of the moneys in the apple
merchandising fund to the marketing development fund.
(4) To plan and to authorize the director to conduct a campaign of
education, advertising, publicity and sales promotion to increase the
consumption of Missouri apples and the director may contract for any
advertising, publicity and sales promotion service. To accomplish such
purpose the director shall have power and it shall be the duty of the
director, within the appropriations provided therefor, to disseminate
information:
(a) Relating to apples and the importance thereof in preserving the
public health, the economy thereof in the diet of the people, and the
importance thereof in the nutrition of children;
(b) Relating to the problem of furnishing the consumer at all times with
a supply of good quality apples at reasonable prices;
(c) Relating to such other, further and additional information as shall
tend to promote increased consumption of Missouri apples, and as may
foster a better understanding and more efficient cooperation between
producers, dealers and the consuming public.
(5) To cooperate with other state, regional and national agricultural
organizations and may at its discretion authorize the director to expend
within the appropriations provided therefor moneys of the apple
merchandising fund for such purposes. (L. 1941 p. 305 § 14303f, A.L. 1957
p. 25)
It shall be the duty of all state and county law enforcement
officers to assist in the enforcement of sections 265.130 to 265.210. (L.
1941 p. 305 § 14303g)
Prosecutions under this chapter shall be begun and carried on in
the same manner as other prosecutions for misdemeanors in this state.
(RSMo 1939 § 14305)
Prior revision: 1929 § 12639
As used in sections 265.280 to 265.289, the following terms mean:
(1) "Fresh meat", any quarter, half or whole carcass of beef, pork or
mutton, or any cut or portion thereof which has not been canned or cooked;
(2) "Ground meat" includes any meat subsequently ground or commingled and
any portion of which is imported from a foreign nation;
(3) "Person", any individual, firm, partnership, association or
corporation;
(4) "Sales at retail", sales at any retail grocery store, butcher shop,
delicatessen, or other place where fresh meat is sold at retail for
consumption off-premises. (L. 1999 S.B. 310 § 7)
No person shall knowingly sell at wholesale or retail any fresh
meat imported from any foreign nation without complying with all of the
provisions of sections 265.280 to 265.289. (L. 1999 S.B. 310 § 8)
On each quarter, half or whole carcass of imported fresh meat
offered for sale at wholesale or retail, and also on any individually
wrapped or packaged cut or portion thereof, there shall either be placed
a label or brand clearly indicating the country of origin of the meat or
a conspicuous, legible and clearly visible sign indicating the country of
origin of the meat. Where unwrapped or unpackaged cuts or slices are
displayed in a tray or case for selection by the patron, each tray or
case shall have a conspicuous, legible and clearly visible sign or label
indicating the country of origin. Every tray or other container of
hamburger, ground meat, sausage, or other fresh meat displayed in the
bulk shall have a sign or label conforming to the same requirements. All
signs required by this section* shall be placed to clearly indicate for
which cuts of meat or trays of meat such sign is intended. (L. 1999 S.B.
310 § 9)
*Word "subsection" appears in original rolls.
1. The department of agriculture shall enforce the provisions of
sections 265.280 to 265.289.
2. Any person found to be in violation of any provision of sections
265.280 to 265.289 shall be issued a notice of violation. The notice
shall state the date issued, the name and address of the person to whom
issued, the nature of the violation, the statute or regulation violated,
and the name and position of the person issuing the notice. The notice
shall also contain a warning that the violation may result in an informal
or formal administrative hearing or both.
3. Any person issued a notice of violation may be afforded an opportunity
by the director of the department of agriculture to explain such facts at
an informal hearing to be conducted within fourteen days of such
notification. In the event that such person fails to timely respond to
such notification or upon unsuccessful resolution of any issues relating
to an alleged violation, such person may be summoned to a formal
administrative hearing before the director or a designated hearing
officer conducted in conformance with chapter 536, RSMo, and if found to
have committed two or more violations within twelve months, may be
ordered to cease and desist from such violations, such order may be
enforced in the circuit court, and, in addition, may be required to pay a
penalty of not more than five hundred dollars per violation. Any party to
such hearing aggrieved by a determination of a hearing officer may appeal
to the circuit court of the county in which the party resides, or if the
party is the state, in Cole County, in accordance with chapter 536, RSMo.
4. Any penalty assessed and collected by the director shall be deposited
with the state treasurer to the credit of the general revenue fund of the
state. (L. 1999 S.B. 310 § 10)
The following terms as used in sections 265.300 to 265.470,
unless the context otherwise indicates, mean:
(1) "Adulterated", any meat or meat product under one or more of the
circumstances listed in Title XXI, Chapter 12, Section 601 of the United
States Code as now constituted or hereafter amended;
(2) "Capable of use as human food", any carcass, or part or product of a
carcass, of any animal unless it is denatured or otherwise identified, as
required by regulation prescribed by the director, to deter its use as
human food, or is naturally inedible by humans;
(3) "Cold storage warehouse", any place for storing meat or meat products
which contains at any one time over two thousand five hundred pounds of
meat or meat products belonging to any one private owner other than the
owner or operator of the warehouse;
(4) "Commercial plant", any establishment in which livestock or poultry
are slaughtered for transportation or sale as articles of commerce
intended for or capable of use for human consumption, or in which meat or
meat products are prepared for transportation or sale as articles of
commerce, intended for or capable of use for human consumption;
(5) "Director", the director of the department of agriculture of this
state, or his authorized representative;
(6) "Livestock", cattle, calves, sheep, swine, ratite birds including but
not limited to ostrich and emu, aquatic products as defined in section
277.024, RSMo, llamas, alpaca, buffalo, elk documented as obtained from a
legal source and not from the wild, goats, or horses, other equines, or
rabbits raised in confinement for human consumption;
(7) "Meat", any edible portion of livestock or poultry carcass or part
thereof;
(8) "Meat product", anything containing meat intended for or capable of
use for human consumption, which is derived, in whole or in part, from
livestock or poultry;
(9) "Misbranded", any meat or meat product under one or more of the
circumstances listed in Title XXI, Chapter 12, Section 601 of the United
States Code as now constituted or hereafter amended;
(10) "Official inspection mark", the symbol prescribed by the director
stating that an article was inspected and passed or condemned;
(11) "Poultry", any domesticated bird intended for human consumption;
(12) "Prepared", slaughtered, canned, salted, rendered, boned, cut up, or
otherwise manufactured or processed;
(13) "Unwholesome":
(a) Processed, prepared, packed or held under unsanitary conditions;
(b) Produced in whole or in part from livestock or poultry which has died
other than by slaughter. (L. 1967 p. 371 § 1, A.L. 1971 S.B. 39, A.L.
1993 H.B. 566 merged with S.B. 84, A.L. 1995 S.B. 109, A.L. 2005 S.B. 355)
All commercial plants at which livestock or poultry are
slaughtered, or at which meat or meat products are processed for human
consumption, shall be operated in accordance with such sanitary practices
as are provided by sections 265.300 to 265.470 and by the rules and
regulations prescribed by the director. (L. 1967 p. 371 § 2)
1. The director shall exempt from the provisions of sections
265.300 to 265.470, the operation of any person if and to the extent the
operation would be exempt from the corresponding requirements under the
Federal Meat Inspection Act or the Federal Poultry Products Inspection
Act if the operation were conducted in or for interstate commerce or the
state were designated under either federal act as one in which the
federal requirements apply to intrastate commerce.
2. Persons granted exemption by this section shall be subject to periodic
reviews. The director may, after giving reasonable notice, withdraw the
exemption for any change in the conditions under which the exemption was
granted. Any person aggrieved by the director's action may, within thirty
days after receipt of notice, appeal as provided by chapter 536, RSMo.
(L. 1967 p. 371 § 13, A.L. 1971 S.B. 39)
1. There is hereby created "The Meats Section of the Veterinary
Division of the Department of Agriculture".
2. The director shall appoint a graduate veterinarian as the head of the
meats section.
3. The head of the meats section shall enforce the rules and regulations
prescribed by the commissioner, and shall perform such other duties as
the director and the state veterinarian deem necessary. (L. 1967 p. 371 §
3)
1. The director may appoint as inspection supervisors such
licensed graduate veterinarians not to exceed ten as are necessary to
carry out the provisions of sections 265.300 to 265.470, and may
establish their compensation within the limits of the appropriation made
for that purpose.
2. The director may appoint such full or part time inspectors as are
necessary to carry out the provisions of sections 265.300 to 265.470, and
may establish their compensation within the limits of the appropriation
made for that purpose. (L. 1967 p. 371 § 4)
1. Each of the inspection supervisors shall provide general
supervision of the inspection program under the provisions of sections
265.300 to 265.470 and shall make assignments of inspectors to inspect
commercial plants within a geographical territory assigned to his general
supervision by the head of the meats section.
2. The inspectors shall inspect:
(1) All livestock and poultry slaughtered for human consumption;
(2) All meat and meat products processed for human consumption;
(3) The sanitary conditions at all commercial plants in this state which
slaughter, store, or process livestock, poultry, meat or meat products
for human consumption. (L. 1967 p. 371 § 5)
The times of inspection of any commercial plant made under the
provisions of sections 265.300 to 265.470 shall be within the regular
hours of operation of the plant. (L. 1967 p. 371 § 6)
1. All livestock, poultry, meat or meat products intended for
human consumption found by an inspector to be unwholesome or adulterated
shall be condemned and destroyed, unless the article can be rendered
wholesome and unadulterated by reprocessing under the supervision of the
inspector; except that any order for destruction shall be stayed by
timely appeal.
2. At any time within twenty-four hours after the order of the inspector,
any person aggrieved by the order may object to the inspector's
determination by filing a written notice with the director, stating the
specific grounds for the objection.
3. The director may cause an inspection of the condemned article to be
made by two additional inspectors, and shall rule on the objection
seventy-two hours after receiving notice.
4. The determination of the director shall be subject to review as
provided by chapter 536, RSMo. (L. 1967 p. 371 § 7)
All meat found to be unwholesome or adulterated shall be marked
with the official condemned mark. The mark shall state that the article
was inspected and condemned. (L. 1967 p. 371 § 8)
1. When any meat or meat product which is prepared for human
consumption shall be placed in a shipping container in a commercial plant
where inspection is maintained under sections 265.300 to 265.470, the
person preparing the meat or meat product shall cause to be attached to
the container a label bearing the official inspection mark and the
approved plant number.
2. In addition, the container which directly contains the meat or meat
product shall bear a statement of the ingredients including a declaration
of artificial flavors, colors, or preservatives, net weight or other
measure of contents and the official inspection mark. (L. 1967 p. 371 § 9)
1. The use of any label upon or accompanying any livestock,
poultry, meat or meat products inspected under sections 265.300 to
265.470 shall be approved by the director before being used, and if the
director finds that any label is false or misleading, he may prohibit the
use of the label unless modified.
2. Any person aggrieved by the director's determination may appeal within
thirty days after receipt of notice, as provided by chapter 536, RSMo.
(L. 1967 p. 371 § 10)
1. A license shall be required for each commercial plant which
slaughters livestock or poultry, processes meat or meat products for
human consumption, or keeps meat or meat products in a cold storage
warehouse. Before any license is issued or renewed an inspection shall be
made to determine that the plant has complied with sections 265.300 to
265.470.
2. Applications for the license shall be made on forms furnished by the
director. The license fee shall be ten dollars for one year, and the
license may be renewed. (L. 1967 p. 371 § 11)
1. The director may require any commercial plant which
slaughters, processes, renders, transports, stores, ships or receives
livestock, poultry, meat or meat products intended for human consumption
to maintain records relative to the above transactions and may require it
to permit an authorized representative of the director to have access to
copy such records at reasonable times.
2. All records required by this section shall be preserved for two years
after the transaction has taken place. (L. 1967 p. 371 § 12)
Any commercial plant at which livestock or poultry are
slaughtered or meat or meat products are processed for human consumption
shall be exempted by the director from the inspection provisions of
sections 265.300 to 265.470 if he finds that it has federal inspection or
other approved inspection. (L. 1967 p. 371 § 14)
If two or more commercial plants are located in the same area,
the director may authorize inspection of all plants by a single
inspector; except that the times of inspection for any commercial plant
shall be within the normal working hours of the plant. (L. 1967 p. 371 §
15)
1. No person shall sell, transport, offer for sale or
transportation, or receive for transportation:
(1) Any meat or meat products which are capable of use as human food, and
are adulterated or misbranded at the time of such sale, transportation,
offer for sale or transportation, or receipt for transportation;
(2) Any meat or meat food products required to be inspected under
sections 265.300 to 265.460 unless they have been so inspected and passed;
(3) Any meat or meat products with respect to any such articles which are
capable of use as human food, on which is performed any act, while the
articles are being transported, or held for sale after such
transportation, which is intended to cause or has the effect of causing
such articles to be adulterated or misbranded.
2. No person shall sell, transport, offer for sale or transportation, or
receive for transportation any carcass of horses, mules, or other equines
or parts of such carcasses, or the meat or meat food products thereof,
unless they are plainly and conspicuously marked or labeled or otherwise
identified as required by regulations prescribed by the director to show
the kinds of animals from which they were derived.
3. No person shall buy, sell, transport, or offer for sale or
transportation, or receive for transportation, any meat or meat products
which are not intended for use as human food, unless they are denatured
or otherwise identified as required by the regulations of the director,
or are naturally inedible by humans. (L. 1971 S.B. 39 §§ 2, 3)
1. All poultry, meat or meat products intended for human
consumption found by an inspector to be misbranded shall be ordered
off-sale. Such stop-sale order shall specify the reason for its issuance
and shall detail the character of the violation. No poultry, meat or meat
products to which a stop-sale order applies shall be marketed until and
unless the order has been withdrawn. The director shall withdraw a
stop-sale order only upon his determination that the conditions leading
to issuance of the order have been corrected.
2. If the conditions leading to the issuance of a stop-sale order have
not been corrected within sixty days, the director may take possession or
custody of the poultry, meat or meat products against which a stop-sale
order has been issued. Upon ten days' notice to the owner, the poultry,
meat or meat product shall be disposed of in a manner that is consistent
with the public safety and interest. The owner or custodian of the
poultry, meat or meat product shall not be entitled to any compensation
or damages on account of such seizure or disposition. Any order for
disposal of poultry, meat or meat products that have been seized shall be
stayed by timely appeal as provided in chapter 536, RSMo. (L. 1971 S.B.
39 § 4)
The director may refuse to license or may suspend or revoke the
license of any commercial plant for any violation of sections 265.300 to
265.470. (L. 1967 p. 371 § 16)
Any person who shall operate a commercial plant without a
license, or sell or offer for sale any adulterated or misbranded meat or
meat product is guilty of a misdemeanor. Upon conviction of a first
violation he shall be punished by a fine of not less than one hundred
dollars nor more than one thousand dollars or by confinement in the
county jail for not more than one year or by both such fine and
confinement. Persons found guilty of subsequent offenses shall, upon
conviction, be punished by a fine of not less than five hundred dollars
nor more than one thousand dollars or by confinement in the county jail
for not more than one year or by both such fine and confinement. (L. 1967
p. 371 § 18, A.L. 1971 S.B. 39)
Insofar as issuance, revocation or suspension of any license
hereunder is concerned, the director and the licensee or applicant for
license shall come under the provisions of chapter 621, RSMo. (L. 1967 p.
371 § 20)
The director shall promulgate rules and regulations consistent
with and equal to the Federal Meat Inspection Act, the Federal Poultry
Products Inspection Act, and all related federal regulations and shall
adopt such rules and regulations as necessary to implement the inspection
programs authorized under sections 265.300 to 265.470. (L. 2004 H.B. 1192
merged with S.B. 740, et al. § 265.475)
As used in sections 265.490 to 265.499:
(1) "Bulk meat" means beef sold by hanging weight, consisting of whole
carcasses and the following primal cuts:
(a) "Side of beef", one-half of a split beef, comprising the frontquarter
and hindquarter;
(b) "Frontquarter of beef", the foreward portion of a side, back to and
including the twelfth rib;
(c) "Back of beef", chuck and rib with plate and brisket removed;
(d) "Arm chuck of beef", arm chuck with brisket removed, back to and
including the fifth rib;
(e) "Rib of beef", from the sixth to the twelfth rib, inclusive, not to
exceed ten inches from tip of chine bone to top of rib without plate;
(f) "Hindquarter of beef", the rear section of a side from and including
the thirteenth rib, consisting of round, loin and flank;
(g) "Trimmed loin of beef", short loin and hip (sirloin), and that
section of hindquarter including thirteenth rib and separated one inch to
two inches below aitchbone, without flank or kidney;
(h) "Full loin of beef", loin of beef, including flank and kidney;
(i) "Round of beef", that portion of hindquarter separated from loin one
inch to two inches below aitchbone back to the shin bone;
(2) "Buyer" means both actual and prospective purchasers but does not
include persons purchasing for resale;
(3) "Food plan" means any plan offering meat for sale or the offering of
such product in combination with each other or with any other food or
nonfood product or service for a single price;
(4) "Misrepresent" means the use of any untrue, misleading or deceptive
oral or written statement, advertisement, label, display, picture,
illustration or sample;
(5) "Person" means individual, partnership, firm, corporation,
association, or other entity;
(6) "Represent" means the use of any form of oral or written statement,
advertisement, label, display, picture, illustration or sample;
(7) "Seller" means any person, individual or business entity,
corporation, league, franchise, franchisee, franchisor or any authorized
representative or agent thereof who offers meat, or combinations of such
items, for retail purchase to the public for preparation and consumption
off the premises where sold or for direct purchase by an individual at
his residence. (L. 1985 H.B. 409 & 532 § 27)
No person shall advertise for sale, solicit, offer to sell or
sell foods by newspapers, handbills, placards, radio, television or other
media unless the advertising is truthful and accurate. Such advertising
shall not be misleading or deceiving in respect to grade, quality,
quantity or price per pound or piece or in any other manner. (L. 1985
H.B. 409 & 532 § 28)
No person advertising, offering for sale or selling all or part
of a carcass or food plan shall engage in any misleading or deceptive
practices, including, but not limited to, any one or more of the
following:
(1) Disparaging or degrading any product advertised or offered for sale
by the seller, displaying any product or depiction of a product to any
buyer in order to induce the purchase of another product or representing
that a product is for sale when the representation is used primarily to
sell another product, or substituting any product for that ordered by the
buyer without the buyer's consent. Nothing in this subdivision shall be
construed to prohibit the enhancement of sales of any product by the use
of a gift;
(2) Failing to have available a sufficient quantity of the product
represented as being for sale to meet reasonable anticipated demands,
unless the available amount is disclosed fully and conspicuously;
(3) Using any price list or advertisement subject to changes without
notice unless so stated, and which contains prices other than the
seller's current billing prices, unless changes are subject to consumer's
advance acceptance or rejection at or before the time of order or
delivery;
(4) Misrepresenting the amount of money that the buyer will save on
purchases of any products which are not of the same grade or quality;
(5) Failing to disclose fully and conspicuously in any printed
advertisement and invoice in at least ten-point type any charge for
cutting, wrapping, freezing, delivery, annual interest rate or financing
and other services;
(6) Representing the price of any product to be offered for sale in units
larger than one pound in terms other than price per single pound. Nothing
in this subdivision shall be construed to prevent the price of such units
from also being represented by individual serving, by fluid measure or by
other meaningful description;
(7) Misrepresenting the cut, grade, brand or trade name, or weight or
measure of any product;
(8) Using the abbreviation "U.S." in describing a product not graded by
the United States Department of Agriculture, except that a product may be
described as "U.S. Inspected" when true;
(9) Referring to a quality grade other than the United States Department
of Agriculture quality grade, unless the grade name is preceded by the
seller's name in type at least as large and conspicuous as the grade name;
(10) Misrepresenting a product through the use of any term similar to a
government grade;
(11) Failing to disclose in uniform ten-point type, when a quality grade
is advertised, a definition of the United States Department of
Agriculture quality grade in the following terms:
(a) Prime;
(b) Choice;
(c) Good;
(d) Standard;
(e) Utility;
(f) Commercial;
(g) Canner;
(h) Cutter; and within each quality grade the following yield grade:
(a) Yield grade 1 - extra lean;
(b) Yield grade 2 - lean;
(c) Yield grade 3 - average waste;
(d) Yield grade 4 - wasty;
(e) Yield grade 5 - exceptionally wasty;
(12) Advertising or offering for sale carcasses, sides or primal cuts as
such, while including disproportionate numbers or amounts of less
expensive components of those cuts, or offering them in tandem with less
expensive components from other carcasses, sides or primal cut parts;
(13) Failing to disclose fully and conspicuously the correct government
grade for any product if the product is represented as having been graded;
(14) Failing to disclose fully and conspicuously that the yield of
consumable meat from any carcass or part of a carcass will be less than
the weight of the carcass or part of the carcass. The seller shall, for
each carcass or part of carcass advertised, use separately and distinctly
in any printed matter, in at least ten-point type, the following
disclosure: "Sold gross weight subject to trim loss.";
(15) Misrepresenting the amount or proportion of retail cuts that a
carcass or part of carcass will yield;
(16) Failing to disclose fully and conspicuously whether a quarter of a
carcass is the frontquarter or hindquarter;
(17) Representing any part of a carcass as a "half" or "side" unless it
consists exclusively of a frontquarter and hindquarter. Sides or halves
must consist of only anatomically natural proportions of cuts from
frontquarters or hindquarters;
(18) Representing primal cuts in a manner other than described in
subdivision (1) of section 265.490;
(19) Using the words "bundle", "sample order" or words of similar import
to describe a quantity of meat unless the seller itemizes each type of
cut and the weight of each type of cut which the buyer will receive;
(20) Advertising or offering a free, bonus, or extra product or service
combined with or conditioned on the purchase of any other product or
service unless the additional product or service is accurately described,
including, whenever applicable, grade, net weight or measure, type and
brand or trade name. The words "free", "bonus" or other words of similar
import shall not be used in any advertisement unless the advertisement
clearly and conspicuously sets forth the total price or amount which must
be purchased to entitle the buyer to the additional product or service.
(L. 1985 H.B. 409 & 532 § 29)
Any person who violates any provision of sections 265.490 to
265.499 is guilty of a class A misdemeanor. (L. 1985 H.B. 409 & 532 § 30)
Personnel designated by the director of the Missouri department
of agriculture shall have access to places of business during regular
business hours for the purpose of inspecting carcasses or parts of
carcasses sold by the seller to determine compliance with the provisions
of sections 265.490 to 265.499. The director of the Missouri department
of agriculture, or personnel designated by the director, shall report any
suspected violations of sections 265.490 to 265.499 to the prosecuting
attorney of the county where the alleged violation occurred and to the
attorney general. (L. 1985 H.B. 409 & 532 § 31)
1. The remedies provided in sections 265.490 to 265.499 are in
addition to and not in substitution for any other remedies provided by
law.
2. Sections 265.490 to 265.499 shall not apply to a regularly licensed
mercantile establishment with a permanent place of business which has an
inventory of other grocery products with a wholesale value in excess of
fifteen thousand dollars. (L. 1985 H.B. 409 & 532 §§ 32, 33)
1. Whenever the value of grain is established by analysis of a
drawn sample, the seller of the grain may request in writing at the time
the sample is taken that the sample be divided into two equal parts, one
of which shall be sealed in an airtight container.
2. Upon written request, the buyer must keep the sealed sample for a
twenty-four hour period, except that weekends or holidays shall not be
included in the mandatory twenty-four hour period. During the designated
period the seller may cause the sample to be delivered to an official
Missouri grain inspection office by the buyer. The seller shall bear all
costs of securing the official test and the results of the official test
shall be the basis of payment. If either the seller or buyer is*
dissatisfied with the results of the test, an official federal test may
be requested by either the buyer or seller at the cost of the person
requesting the test and such findings shall be binding on all parties
thereto. (L. 1975 S.B. 57 §§ 1, 2)
*Word "are" appears in original rolls.
The director of the department of agriculture is hereby
authorized and may establish all necessary and reasonable regulations and
fees for carrying out the provisions of sections 265.500 to 265.515. No
regulation, or any amendment or repeal thereof, provided for in sections
265.500 to 265.515 shall be adopted, except after public hearing to be
held after no less than twenty days prior legal notice by advertisement
of the date, time, and place of hearing. In establishing regulations for
carrying out the provisions of sections 265.500 to 265.515 the director
shall by regulation provide for containers for samples which will
maintain the sample in the same condition as when taken, and provide for
seals for the sample containers which will insure against tampering. (L.
1975 S.B. 57 § 3)
An intentional violation of the provisions of sections 265.500
to 265.515 by any person or persons sampling grain for the purpose of
determining the price thereof shall be deemed a misdemeanor and, upon
conviction, shall be fined a sum not to exceed five hundred dollars. (L.
1975 S.B. 57 § 4)
All rules and regulations promulgated by the director of the
department of agriculture under the terms of sections 265.500 to 265.515
shall stand ratified unless rescinded by the general assembly by bill or
concurrent resolution. (L. 1975 S.B. 57 § 5)
CROSS REFERENCE: Rules, procedure for making and rescinding, Chap. 536,
RSMo
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