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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 275 Commodity Associations
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1. Commodity associations, as authorized in this chapter, may be
incorporated as follows: Corn growers associations, wheat growers
associations, potato growers associations, apple growers associations,
strawberry growers associations, cotton growers associations and melon
growers associations, but no such association shall be formed for the
purpose of growing or producing and marketing more than one of such
commodities, and associations of growers; or producers of any other
commodity or product of the soil though not herein named may be
incorporated under the provisions of this chapter.
2. Every such association shall have, as a part of its corporate name,
the name of the commodity in the growing, production and marketing of
which its members are, or proposed to be engaged. (RSMo 1939 § 14377)
Prior revision: 1929 § 12719
That any three or more citizens and residents of this state
engaged in growing, cultivating and producing the same agricultural
commodity may, upon application as provided in this chapter, become a
body corporate, and as such shall have and exercise the following powers:
(1) To have succession by its corporate name for the period limited in
its articles of agreement, not exceeding, however, the term of fifty
years, and if no limit be fixed in said articles of agreement, for the
term of twenty years;
(2) To sue and be sued, complain and defend in any court of law or equity;
(3) To make and use a common seal and alter the same at pleasure;
(4) To hold, purchase, mortgage or otherwise convey such real estate and
personal estate as may be necessary and requisite for the purposes for
which such association is organized and also to take and hold and convey
such other property, real, personal or mixed, as shall be necessary or
requisite for it to acquire in order to secure the payment of any
indebtedness or liability which may be due such association;
(5) To appoint such subordinate officers, and make bylaws, for the
management of its property and the regulation of its affairs;
(6) To increase or diminish, by vote of its stockholders, cast as its
bylaws may direct, the number of its directors or trustees, which shall
not be less than three nor more than thirty-six in number. Such changes
in the number of directors or trustees shall take effect and be in force
from the date on which the president or secretary of such association
shall file with the secretary of state an affidavit setting forth the
number of directors and trustees fixed, together with the date at which
such change in number of directors or trustees was voted by the
stockholders of such association. (RSMo 1939 § 14364)
Prior revision: 1929 § 12706
CROSS REFERENCE: Cooperative companies, RSMo 357.010 to 357.190
Associations may be incorporated under the provisions of this
chapter, by three or more persons entering into written articles of
agreement which shall set forth:
(1) The name of the association, which shall include the name of the
commodity which the members thereof are engaged in growing, producing or
marketing;
(2) The location of the principal office or place of business;
(3) The names and post-office addresses of the persons agreed upon as
directors for the first year, not less than three of whom shall be
citizens and residents of this state;
(4) The date and place of meeting of the incorporators for the purpose of
adopting bylaws and the election of officers. (RSMo 1939 § 14365)
Prior revision: 1929 § 12707
Articles of agreement for the incorporation of associations
under this chapter, shall be filed and recorded in the office of the
secretary of state, who shall issue a certificate of incorporation
thereon, which shall be filed and recorded in the office of the recorder
of deeds in the county in which the principal office or place of business
of such association is to be located, within thirty days after issuance
thereof. The corporate existence of every such association shall take
effect and be in force on and after date of filing articles of agreement
for record in the office of the secretary of state. (RSMo 1939 § 14367)
Prior revision: 1929 § 12709
At the time of filing articles of agreement for the
incorporation of commodity associations, as in this chapter authorized,
there shall be paid to the state director of revenue an incorporating tax
of fifty dollars on the first fifty thousand dollars, or less, of the
authorized capital stock of such association and five dollars for every
additional ten thousand dollars, or fraction thereof, of such capital
stock in excess of fifty thousand dollars, together with such recording
and certificate fees as are required by law. (RSMo 1939 § 14368, A. 1949
S.B. 1099)
Prior revision: 1929 § 12710
The officers of every such association shall be a president,
vice president, secretary, treasurer and such other officers as may be
authorized by the bylaws. (RSMo 1939 § 14366)
Prior revision: 1929 § 12708
1. That associations organized under the provisions of this
chapter shall have a capital stock divided into shares having a par
value, or having no par value, as the incorporators in their articles of
association may determine.
2. If such shares have a par value, the par value thereof shall not be
less than ten dollars nor more than one hundred dollars, and if such
shares have no par value, they may be issued to the incorporators and
others at not less than ten dollars nor more than one hundred dollars per
share, as shall be determined by the incorporators in their articles of
association. (RSMo 1939 § 14371)
Prior revision: 1929 § 12713
The capital stock of every such association may be increased by
the filing of an amendment to its articles of agreement, setting forth
the amount of such increase and the payment of the incorporation tax and
fees thereon, as required by section 275.050. (RSMo 1939 § 14368, A. 1949
S.B. 1099)
Prior revision: 1929 § 12710
No share of stock having a par value shall be issued by any such
association unless, and until, the par value thereof has in good faith
been paid into the treasury of the association in lawful money of the
United States, and no share of capital stock without par value shall be
issued by any association until the value thereof, as determined in its
articles of association, has in good faith been paid to the treasurer of
the association in lawful money of the United States. (RSMo 1939 § 14372)
Prior revision: 1929 § 12714
No stockholder or member of associations organized under the
provisions of this chapter shall ever be individually liable by reason
thereof, in any amount over or above the value of the share, or shares,
owned by him, and having once paid, as in this chapter provided, for said
shares, his liability with reference thereto, by reason of being or
having been a member or stockholder of such association, shall in law and
equity be deemed fully discharged. (RSMo 1939 § 14379)
Prior revision: 1929 § 12721
The shares of stock of associations shall be nontransferable,
except from the original holder thereof, his heirs, executor,
administrator, or legal representative, to the association as authorized
in this chapter. (RSMo 1939 § 14375)
Prior revision: 1929 § 12717
Such associations may also have power, and they are hereby
authorized to purchase and retire shares of their own stock, whether with
or without par value, at a consideration not in excess of the amount for
which such share, or shares, were issued in the first instance, together
with interest at the rate of six percent per annum upon such shares from
date of issuance thereof, less, however, the amount of dividends, if any,
paid to the holder of such shares. (RSMo 1939 § 14374)
Prior revision: 1929 § 12716
Every such association shall have power, and is hereby
authorized, when it shall purchase any of its shares, to reissue and
resell such shares upon the same terms and conditions as in the first
instance. (RSMo 1939 § 14376)
Prior revision: 1929 § 12718
Associations organized under the provisions of this chapter
shall have power, and they are hereby authorized, to limit the number of
shares which any stockholder or member of such association may have or
hold. (RSMo 1939 § 14373)
Prior revision: 1929 § 12715
That commodity corporation associations, organized under the
provisions of this chapter, shall have power and they are hereby
authorized to do any and all things not specifically prohibited by law,
which may be necessary to fully carry out the purposes of its
organization. (RSMo 1939 § 14382)
Prior revision: 1929 § 12724
Commodity associations incorporated under the provisions of this
chapter may act as trustee, and as such, or in its own right, may own and
vote stock in corporations owning and operating elevators, warehouses,
storage houses, factories, mills, and plants for the purpose of storing,
treating, processing, or marketing the commodity in the production and
marketing of which the members of such association are engaged. (RSMo
1939 §§ 14368, 14378, A. 1949 S.B. 1099)
Prior revision: 1929 §§ 12710, 12720
Every association organized under the provisions of this chapter
shall have power, and is hereby authorized, to borrow on its own account,
or as trustee, for its members, on warehouse certificates, bills of
lading or other collateral, as the needs of the association or its
members may require. (RSMo 1939 § 14369)
Prior revision: 1929 § 12711
Any association organized under the provisions of this chapter
shall have power, and it is hereby authorized, to contract with its
members, collectively or individually, for the entire or partial output
of the commodity, for the handling of which it is organized for such
number of years as may be authorized by its bylaws. (RSMo 1939 § 14370)
Prior revision: 1929 § 12712
Commodity associations as defined in this chapter shall have
power to issue notes, payable in such amounts at such rate of interest,
and payable at such times as its board of directors may authorize, and to
secure the payment of said notes by depositing warehouse certificates,
issued against the commodity which such association is organized to
handle, then in storage in warehouses, and may sell such notes to the
general public and in the sale thereof be exempt from the provisions of
chapter 409, RSMo, relating to domestic and foreign investment companies.
(RSMo 1939 § 14380, A.L. 1971 S.B. 171)
Prior revision: 1929 § 12722
That commodity associations organized under the provisions of
this chapter shall be exempt from the limitations, restrictions and
burdens imposed upon corporations by any law of this state pertaining to
the regulation thereof, except such as are in this chapter specifically
set forth. (RSMo 1939 § 14381)
Prior revision: 1929 § 12723
When used in sections 275.300 to 275.370 the following terms
mean:
(1) "Agricultural commodity", any agriculture product that has been
produced for purpose of sale or exchange except animals whose principal
use could be construed as recreational, or as a pet;
(2) "Commercial quantity", a quantity produced per year or other period
of time which quantity is defined and determined by the commodity
merchandising council concerned;
(3) "Commodity merchandising council", a group representative of the
commodity, hereafter referred to as the "council";
(4) "Director", the director of the department of agriculture of the
state of Missouri or his delegated representative;
(5) "Handler", any person who engages in the selling, marketing, or
distribution of any agricultural commodity on a wholesale basis, which he
has purchased for resale or which he is marketing on behalf of a
producer, and shall include a producer who distributes any agricultural
commodity which he has produced;
(6) "Processor", any person engaged in the receiving, grading, packing,
canning, freezing, drying, or other methods of preparation for market of
agricultural commodities produced in Missouri for sale;
(7) "Producer", any individual, firm, corporation, partnership, or
unincorporated association engaged within this state in business of
producing for market any agricultural commodity in commercial quantities.
(L. 1969 S.B. 65 § 1, A.L. 1973 S.B. 92, A.L. 1979 S.B. 43)
Producers of agricultural commodities are hereby authorized to
organize commodity merchandising councils to establish orderly, fair,
sound and efficient markets and to maintain, develop and expand markets
for agricultural commodities produced in Missouri and to increase the use
and consumption of these products. The councils organized under the
provisions of sections 275.300 to 275.370 and with the aid of the state
may:
(1) Provide for uniform and proper preparation of agricultural
commodities for market;
(2) Provide means and methods for the maintenance of present markets and
for development of new or larger markets, both domestic and foreign, for
agricultural commodities produced within the state;
(3) Eliminate or reduce waste in the marketing or use, or both, of
agricultural commodities; and
(4) Restore and maintain adequate purchasing power for the agricultural
producers of this state. Provided, however, that any commodity
merchandising council organized hereunder shall not undertake to
establish, promulgate or fix the price of any commodity or in any way
limit the production of any commodity. (L. 1969 S.B. 65 § 2)
A representative group of not less than five percent of the
producers of an agricultural commodity may petition the director for
permission to establish a commodity merchandising council. This petition
shall include:
(1) A statement of the area of production to be included (the area shall
be statewide, except that it may be limited to a well-defined smaller
area where such area is the principal commercial producer in the state of
the commodity);
(2) A statement of the general purposes of the commodity merchandising
council program which may include research, education, grades and
standards, merchandising, publicity, sales promotion and cooperation with
other state, regional and national organizations;
(3) The amount of the fee that is desired to be collected for each
designated unit of commercial quantities of the commodity;
(4) The method or methods to be used in the collection of the fee;
(5) The composition, qualification, terms of office, method of
nomination, election, filling unexpired terms, salaries, travel expenses,
and duties of the members of the council;
(a) The council shall consist of an odd number of not less than five nor
more than fifteen members of whom the majority shall be producers to be
selected by producers;
(b) The director shall serve as an ex officio member of the council;
(c) The dean of the college of agriculture, university of Missouri, will
serve as an ex officio member of the council;
(6) A recommendation as to what shall constitute a commercial quantity of
the commodity;
(7) The method of conducting the referendum of the commodity producers
either by mail or by polling place depending on the area and volume of
the commodity. (L. 1969 S.B. 65 § 3, A.L. 1973 S.B. 92)
1. When the director receives a petition for permission to
establish a commodity merchandising council he shall:
(1) Determine the legal sufficiency of the petition;
(2) Establish a list of producers of such agricultural commodity or make
any such existing list current;
(3) Hold a public hearing or hearings on the proposed program;
(4) Publish a notice to producers of the commodity to be affected
advising them:
(a) That a petition has been filed with the director;
(b) The time and place or places of the public hearing or hearings;
(c) That a referendum may be held to establish a commodity merchandising
council; and
(d) That to be eligible to vote in the referendum the producer must
register. The director shall give notice in not less than three
publications devoted to agriculture and each of which has a statewide
circulation of not less than seventy-five thousand, at least one month
prior to the hearing. The fees for the publication of notice shall be
advanced in cash to the director by the representative group and no
publication of notice shall be paid for by state funds;
(5) Provide forms to enable producers to register, which forms shall
include the producer's name, mailing address, and the yearly average
quantity of such commodity produced or handled by him in the three years
preceding the date of the notice, or in such lesser period as a producer
has produced or handled the commodity in question;
(6) Approve the petition, in whole or as revised, or disapprove the
petition depending upon the determinations made after public hearing;
(7) After approval of a petition, hold a referendum among the producers
of the commodity to determine whether or not the merchandising council is
to be established.
2. The director shall determine the sufficiency of the petition within
twenty-one days after it is submitted to him and shall publish notice of
the public hearing and registration requirements giving at least ten
days' notice prior to public hearing and thirty days' notice to register
prior to the referendum.
3. If a majority of the votes cast are in favor of adoption, and if those
producers voting in favor of adoption represent a majority of the
production of all registered producers casting votes, the petition is
adopted.
4. If the required percentage by number and by production of those voting
is in favor of the adoption of the proposal in the petition, the director
shall declare the proposal to be adopted.
5. A proposal to change the amount of the fee to be collected or to make
other major changes may be made by a two-thirds vote of the council or by
petition of twenty-five percent of the commodity producers. The proposal
shall then be submitted to referendum under which the same percentages by
number and production shall be required for approval as were required for
establishment of the original merchandising program. However, the
council, by two-thirds vote, may lower the amount of the fee to be
collected, or may thereafter increase the amount of the fee to not more
than the rate originally approved without a referendum vote. Such
increase or decrease of fees shall not become effective except at the
beginning of the next state fiscal year.
6. A proposal to terminate the commodity merchandising program may be
made by a majority of the council or by petition of ten percent of the
registered commodity producers. The proposed termination shall be
submitted to referendum under which a simple majority of those voting
shall be required for termination.
7. No referendum to set up a merchandising council in a particular
commodity, or to change the amount of fee, or to make other major
changes, or to terminate a commodity merchandising council may be held
within twelve months of a referendum conducted for a similar purpose for
the same commodity. (L. 1969 S.B. 65 § 5, A.L. 1973 S.B. 92, A.L. 1977
S.B. 330, A.L. 1979 S.B. 43)
1. Every hearing held pursuant to sections 275.300 to 275.370
shall be public and a permanent record taken of all testimony received.
The administrative hearing officer shall conduct the hearing and the
director may make the determination from the record.
2. The director shall make and publish findings based upon the facts,
testimony and evidence received at the public hearing and shall cause
copies of his findings and decisions to be delivered or mailed to all
parties of record appearing at the hearing, or their attorneys of record.
(L. 1969 S.B. 65 § 4, A.L. 1973 S.B. 92)
1. Any fee imposed under the commodity merchandising program
shall be collected by the appropriate commodity council whether directly
from the producers or indirectly from the handlers or processors as
stipulated by the provision of the commodity merchandising program. The
councils are authorized to contract with the director pursuant to
subsection 5 of this section to perform the duties of this section. The
director shall transfer any fees collected to the director of revenue.
2. If any merchandising fee is unpaid on the date on which the fee was
due and payable, a penalty of one percent per month shall apply from and
after that date until payment plus the penalty is received by the
director. If, after due notice, any person defaults in any payment of the
fee or penalties thereon, the amount due may be collected by civil
action, and the person adjudged in default shall pay the costs of the
action. The attorney general or, if requested by the attorney general,
the prosecuting attorney of any county, in which a cause of action arose
under the provisions for the collection of fees due and unpaid shall
institute proper action in the courts of this state for the collection of
fees and penalties thereon due and unpaid. The statute of limitation
period for the institution of suit for collection shall be one year.
3. All fees paid to the director for administration pursuant to section
275.370 shall be credited to the "Commodity Council Merchandising Fund"
which is hereby created. All money credited to the commodity council
merchandising fund shall be appropriated by the general assembly for the
use and benefit of the state department of agriculture and specified in
the annual appropriations to said state department to be for
administration of the commodity merchandising programs. The unexpended
balance in the commodity council merchandising fund at the end of the
annual period shall not be transferred to the ordinary revenue fund of
the state treasurer and accordingly shall be exempt from the provisions
of section 33.080, RSMo, relating to transfer of funds to the ordinary
revenue funds of the state by the treasurer.
4. The revisions to the commodity merchandising councils act made by this
section and effective July 10, 1998, shall not be deemed to be a major
change for purposes of section 275.330.
5. The director may enter into contracts with appropriate commodity
councils, at the request of the commodity councils, to collect, audit and
administer checkoff funds and may retain only such fees for the cost of
such services, to be deposited into the commodity council merchandising
fund. Such contracts shall be implemented as follows:
(1) All other fees paid to the director shall not be considered state
funds and shall be administered by the director of revenue pursuant to
article IV, section 15 of the Missouri Constitution. The department of
agriculture shall keep accurate records of the amount of money collected
for each council and the records shall be open to the inspection of
officers of the councils. The director shall provide the director of
revenue with the information and reports necessary to facilitate accurate
distribution of moneys to the appropriate councils;
(2) Not later than the tenth day of each month, the director of revenue
shall distribute all moneys deposited as nonstate funds during the
preceding month to the treasurers of the appropriate councils, less all
authorized refunds paid during the preceding month. Moneys collected
pursuant to national commodity assessment programs shall be distributed
pursuant to law. (L. 1969 S.B. 65 § 7, A.L. 1998 H.B. 1876 merged with
S.B. 945)
If a national referendum among beef producers passes and a
federal assessment on beef producers is adopted pursuant to federal law,
no state fees shall be collected under the provisions of this chapter, in
excess of a commensurate amount credited against the obligation to pay
any such federal assessment. Upon adoption of the federal assessment,
beef shall be exempt from the refund provision of section 275.360. (L.
1988 S.B. 785 § 1)
Effective 5-13-88
Any producer or grower may, by the use of forms provided by the
director, have the fee paid and all future fees paid or collected from
him pursuant to sections 275.300 to 275.370 refunded to him, provided
such request for refund is in the office of the director within sixty
days following the payment of such fee. Apples will be exempt from this
provision. (L. 1969 S.B. 65 § 9)
1. The commodity merchandising council shall:
(1) Elect a chairman and any other officers as is considered desirable;
(2) Authorize the director with the approval of the council to expend a
budgeted amount of the commodity council merchandising fund in the
administration of the commodity merchandising program and in the
collection of commodity merchandising fees;
(3) Perform such other duties as may be prescribed in the commodity
merchandising program.
2. The director shall be guided by the advice, recommendations and
assistance of the commodity merchandising council in the collection of
funds, audits and refunds associated with the commodity merchandising
program. (L. 1969 S.B. 65 §§ 6, 8)
1. There is hereby created the "Missouri Aquaculture Council",
which shall consist of five members elected by commercial producers. The
members of the council shall be citizens and residents of the state,
shall have been qualified voters in the state for a period of at least
one year preceding their appointment, and shall be commercial producers
as defined in sections 275.452 to 275.455. The department of agriculture
shall divide the state into four aquaculture districts which contain, as
nearly as can be estimated by the department, an equal number of
commercial producers, and one council member shall be elected from each
aquaculture district. Each member shall be elected for a term of three
years, except that of the members first elected, two shall be elected for
a term of two years and two shall be elected for a term of three years.
Vacancies in the council shall be filled for the unexpired term in the
same manner as original elections are made. The fifth member of the
council shall be elected at large for a term of three years.
2. All members shall be reimbursed for actual and necessary expenses
incurred by them in the performance of their duties.
3. The council shall:
(1) Provide a list of commercial producers of fish and fish products in
this state to the department of agriculture;
(2) Administer the aquaculture marketing development fund;
(3) Elect from among their membership a president, vice president, and
secretary-treasurer, whose duties shall be established in the bylaws of
the council;
(4) Draft and adopt the bylaws of the council;
(5) Communicate with commercial producers in order to enhance the market
development of fish and fish products in this state;
(6) Perform any other duties deemed necessary to carry out the functions
described in this subsection. (L. 1989 H.B. 214 § 275.455)
In addition to any other licenses and charges imposed by law,
there shall be collected by the director of the department of agriculture
and paid to the director of the department of revenue for deposit in the
aquaculture marketing development fund an additional charge of three
dollars per ton of fish food or fraction thereof purchased by commercial
producers in this state. As used in sections 275.450 to 275.455, the term
"fish food", means food, purchased in bulk or bag quantities, used to
feed fish, whether or not such food is used for fish held for sale, and
the term "commercial producer" means a commercial producer or seller of
fish or fish products who purchases at least two thousand pounds of fish
food in a calendar year, but such term shall not include the state, any
state department or any political subdivision of the state. The charges
shall be paid and collected pursuant to section 275.455. (L. 1989 H.B.
214 § 275.450 subsec. 1)
The revenue derived from the additional charge imposed by
section 275.452 shall be deposited by the director of the department of
revenue in the treasury to the credit of the "Aquaculture Marketing
Development Fund", which is hereby created. Moneys in the fund shall be
appropriated annually by the general assembly for the use and benefit of
the aquaculture council, established in section 275.450, through the
department of agriculture and specified in the annual appropriations of
the department of agriculture for such purpose, and when so made shall be
transferred by the director of the department of agriculture to the
treasurer of the aquaculture council, and used for the marketing of fish
and fish products in this state, and shall be appropriated and used for
no other purpose, except that the aquaculture council shall reimburse the
department of agriculture for expenses incurred in collecting moneys for
the fund. (L. 1989 H.B. 214 § 275.450 subsec. 2)
1. Payment of the charges provided in this section shall be made
by each commercial producer in this state. Each commercial producer, on
or before the fifteenth day of January, April, July, and October, shall
file with the director of the department of agriculture, on forms
prescribed and furnished by the director, a signed written report in
duplicate, in such form as is required by the director to enable him to
compute, and assure the accuracy of, the charges due on all purchases of
fish food occurring during the preceding quarter. Payment of the charges
in the amount disclosed by the report shall accompany the report.
2. Any commercial producer who purchases any fish food mentioned in
section 275.452, unless the charge imposed by sections 275.452 to 275.455
is paid, is subject to a fine of not less than fifty dollars nor more
than one thousand dollars. (L. 1989 H.B. 214 § 275.450 subsecs. 3, 4)
As used in sections 275.460 to 275.468, the following terms mean:
(1) "Commercial producer", an individual or legal entity in this state
who has a Missouri manufacturer's license for the production of wine;
(2) "Grape or grapes", grapes used for the production of wine produced by
commercial producers in this state;
(3) "Grape juice", grape juice used for the production of wine produced
by commercial producers in this state. (L. 1998 H.B. 1240)
1. There is hereby created the "Missouri Wine Marketing and
Research Council" which shall consist of five members elected by
commercial producers. The members of the council shall be citizens and
residents of the state and shall be commercial producers. Each member
shall be elected for a term of three years, except that of the members
first elected, one shall be elected for a term of one year, two shall be
elected for a term of two years and two shall be elected for a term of
three years. Vacancies in the council shall be filled for the unexpired
term in the same manner as original elections are made.
2. All members may be reimbursed for actual and necessary expenses
incurred by them in the performance of their duties.
3. The council shall:
(1) Provide a list of commercial producers of wine in this state to the
department of agriculture;
(2) Administer the Missouri wine marketing and research development fund;
(3) Elect from among their membership a president, vice president, and
secretary-treasurer, whose duties shall be established in the bylaws of
the council;
(4) Draft and adopt bylaws of the council;
(5) Communicate with commercial producers in order to enhance enology
research, education and development of markets for wine produced in
Missouri;
(6) Perform any other duties deemed necessary to carry out the functions
described in this subsection. (L. 1998 H.B. 1240)
In addition to any other licenses and charges imposed by chapter
311, RSMo, there shall be collected by the director of the department of
agriculture and paid to the director of the department of revenue for
deposit in the Missouri wine marketing and research development fund an
additional pro rata charge of six dollars per ton of grapes or one
hundred sixty gallons of grape juice processed by commercial producers in
this state, with three dollars per ton or one hundred sixty gallons being
used for research and advisement of grapes and grape products. The
charges shall be paid and collected pursuant to sections 275.466 to
275.468. (L. 1998 H.B. 1240, A.L. 2002 H.B. 1348)
The revenue derived from the additional charge imposed by
section 275.464 shall be deposited by the director of the department of
revenue in the treasury to the credit of the "Missouri Wine Marketing and
Research Development Fund", which is hereby created. Moneys in the fund
shall be appropriated annually by the general assembly through the
department of agriculture for the use and benefit of the Missouri wine
marketing and research council. Such moneys shall be specified in the
annual appropriations of the department of agriculture for the Missouri
wine and marketing research council and shall be transferred by the
director of the department of agriculture to the treasurer of the
council, to be used only for enology research, education and marketing of
wine produced in Missouri, except that the Missouri wine marketing and
research council shall reimburse the department of agriculture for
reasonable expenses incurred in collecting moneys for the fund.
Notwithstanding the provisions of section 33.080, RSMo, no portion of the
fund shall be transferred to the general revenue fund. (L. 1998 H.B. 1240)
Payment of the charges provided in sections 275.464 to 275.468
shall be made by each commercial producer in this state. Each commercial
producer, on or before the thirty-first day of January, shall file with
the director of the department of agriculture, on forms prescribed and
furnished by the director, a signed written report in duplicate, in such
form as is required by the director to enable the director to compute,
and assure the accuracy of, the charges due on all grapes and grape juice
processed during the preceding year. Payment of the charges in the amount
disclosed by the report shall accompany the report. (L. 1998 H.B. 1240)
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