 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 277 Missouri Livestock Marketing Law
|
|
This chapter shall be known and referred to as "Missouri
Livestock Marketing Law". (L. 1943 p. 310 § 1, A.L. 1957 p. 20)
The following terms as used in this chapter mean:
(1) "Livestock", cattle, swine, sheep, ratite birds including but not
limited to ostrich and emu, aquatic products as defined in section
277.024, llamas, alpaca, buffalo, elk documented as obtained from a legal
source and not from the wild and raised in confinement for human
consumption or animal husbandry, goats and poultry, equine and exotic
animals;
(2) "Livestock market", a place of business or place where livestock is
concentrated for the purpose of sale, exchange or trade made at regular
or irregular intervals, whether at auction or not, except this definition
shall not apply to any public farm sale or purebred livestock sale, or to
any sale, transfer, or exchange of livestock from one person to another
person for movement or transfer to other farm premises or directly to a
licensed market;
(3) "Livestock sale", the business of mediating, for a commission, or
otherwise, sale, purchase, or exchange transactions in livestock, whether
or not at a livestock market; except the term "livestock sale" shall not
apply to order buyers, livestock dealers or other persons acting directly
as a buying agent for any third party;
(4) "Person", individuals, partnerships, corporations and associations;
(5) "State veterinarian", the state veterinarian of the Missouri state
department of agriculture. (L. 1943 p. 310 § 2, A.L. 1957 p. 20, A.L.
1989 S.B. 300, A.L. 1993 H.B. 566 merged with S.B. 84, A.L. 1995 S.B.
109, A.L. 2005 S.B. 355)
For the purposes of any rule or regulation promulgated by any
department, board, or commission of this state, ratite birds including,
but not limited to, ostrich and emu, scientifically designated as
Dromiceius novaehollandiae, shall be treated and classified as livestock
rather than as exotic animals. (L. 1993 H.B. 566 § 13 merged with S.B. 84
§ 13)
1. As used in this section, the term "aquaculture" means the
controlled propagation, growth and harvest of aquatic organisms, as
defined by rule of the conservation commission.
2. For the purposes of construction of any law of this state or any rule
or regulation promulgated by any department, board, or commission of this
state, aquatic products obtained through aquaculture shall be treated and
classified as livestock. (L. 1995 S.B. 109 § 1)
No person as defined in this chapter shall engage in the
business of operating a livestock sale or market unless duly licensed as
hereinafter provided. (L. 1943 p. 310 § 3, A.L. 1957 p. 20)
1. Any person engaged in establishing or operating a livestock
sale or market for the purpose aforesaid shall file with the state
veterinarian of the state department of agriculture an application for a
license to transact such business under the provisions of this chapter.
The application shall state the nature of the business and the city,
township and county, and the complete post office address at which the
business is to be conducted, together with any additional information
that the state veterinarian requires, and a separate license shall be
secured for each place where a sale is to be conducted such as is defined
and required to be licensed under the provisions of this chapter.
2. The state veterinarian shall then issue to the applicant a license
upon payment of an annual license fee to be fixed by rule or regulation
entitling the applicant to conduct a livestock sale or market for the
period of the license year or for any unexpired portion thereof, unless
the license is revoked as herein provided.
3. All license fees collected under this chapter shall be made payable to
the order of the state treasurer and deposited with him to the credit of
the "Livestock Sales and Markets Fees Fund" hereby created, subject to
appropriation by the general assembly, to inure to the use and benefit of
the animal health division of the department of agriculture.
4. No business entity, whether a proprietorship, partnership or
corporation shall be issued a livestock market license if any such
proprietor, partner or, if a corporation, any officer or major
shareholder thereof, participated in the violation of any provision of
this chapter within the preceding five years, which resulted in the
revocation of a livestock market license. (L. 1943 p. 310 § 4, A. 1949
S.B. 1100, A.L. 1957 p. 20, A.L. 1989 S.B. 300)
Effective 5-4-89
1. The director of the Missouri department of agriculture or his
designated representative, after a public hearing, held after at least
ten days' notice of the date of such hearing to the licensee together
with a full copy of the charges of the alleged violations may suspend or
revoke any license when he has sufficient evidence of the existence of
any of the following violations, except that any suspension or revocation
order made by the director is subject to appeal as provided in subsection
2 of this section:
(1) Where there have been false or misleading statements willfully or
knowingly made by the licensee as to the health, origin or physical
condition of any animal or animals offered with regard to official tests
or numbers of animals, or the practice of fraud or misrepresentation in
connection therewith;
(2) Where licensee engages in buying or receiving animals or receiving,
selling, exchanging, soliciting or negotiating the sale, resale or
exchange (a) of animals that are known or should by the use of reasonable
care be known to be diseased or to have been exposed to contagious,
infectious or communicable diseases that are likely to be transmitted to
other animals or human beings or (b) of animals that are known to have
been stolen;
(3) Where the licensee fails to practice measures of sanitation and
disinfection of premises or vehicles used by or for him in the stabling,
yarding, housing, holding or transporting of animals as provided in this
chapter;
(4) Where there has been failure to keep records as required by this
chapter, or where there is a refusal on the part of the licensee to
produce records or transactions in the carrying on of the business for
which the license is granted;
(5) Where licensee fails to execute and maintain a satisfactory bond, as
required in this chapter or where the licensee operates while insolvent
or fails to timely pay for livestock;
(6) Where the licensee refuses or fails to practice or put into effect
any rule or regulation promulgated by the state veterinarian in regard to
any and all matters relating to the enforcement of this chapter;
(7) Where the licensee acting alone or in concert with any third party
shall know or should know that such act violates any provision of the
animal health laws of this state or of the United States, or any rules or
regulations promulgated thereunder pertaining to the movement of
livestock, or involving any method or procedure for the control,
treatment, or eradication of any livestock disease.
2. The licensee may, when any order is made by the director suspending or
revoking his license or imposing a civil penalty, apply for review of
such order as provided by chapter 536, RSMo.
3. In any situation wherein there is reason to believe that a violation
exists involving the sanitary or structural condition of the market
facility, the form in which records are maintained, or the procedures
used in conducting sales, the licensee shall be notified thereof by
certified letter and if corrective measures are not undertaken within a
reasonable time, the licensee shall be summoned by the state veterinarian
to appear at an informal hearing to discuss the violation. In the event
that there is a failure to resolve the issues in question or a failure to
appear, the director shall then proceed under subsection 1 of this
section. For any individual violation of this chapter deemed by the
director, after a public hearing, to warrant less than a suspension or
revocation of license, the director may assess a civil penalty of not
greater than one thousand dollars for each such violation, such penalty
to be assessable against the licensee and also against any third party
acting in concert or conspiring with the licensee. Any civil penalties
assessed under this subsection shall be deposited in the livestock sales
and market fees fund. (L. 1943 p. 310 § 5, A.L. 1957 p. 20, A.L. 1989
S.B. 300)
Effective 5-4-89
Every licensee licensed under the provisions of this chapter and
carrying on or conducting business under the license shall publicly post,
in a conspicuous place in or at the place of business, the license issued
by the state veterinarian, the license to be kept so posted or displayed
for inspection by any person. (L. 1943 p. 310 § 6, A.L. 1957 p. 20)
1. Each licensee is responsible to the consignor of any animal
offered in the livestock sale for the net proceeds of any bona fide sale
of the animal and on the date of sale is responsible to the purchaser of
the livestock for the safe delivery of the animal to the purchaser or his
agent in a loading chute at site of the sale.
2. "Net proceeds" means and includes the amount remaining of any sale
after deducting commissions, inspection fees and all other deductible
items authorized by the terms of sale as announced by licensee, his or
its agents, at the opening of the livestock sale at which the sale is
made. (L. 1943 p. 310 § 7, A.L. 1957 p. 20)
1. Every person subject to the provisions of this chapter shall,
before receiving a license, provide a satisfactory bond in an amount
designated by the state veterinarian.
2. Notwithstanding the provisions of subsection 1 of this section, a
licensee may substitute in lieu of any bond required therein a
certificate of deposit issued by an institution insured by the federal
deposit insurance corporation or the federal savings and loan insurance
corporation or a bank irrevocable letter of credit, or any combination
thereof, or any instrument of financial security approved and authorized
by the Packers and Stockyards Administration of the United States
Department of Agriculture. Letters of credit shall name the director of
the department of agriculture or his designated representative as
beneficiary, and be submitted in a form established by rule or
regulation. The director of the department of agriculture or his
designated representative may refuse to accept a letter of credit in lieu
of the bond required by this chapter if the director finds that the
issuing bank is or may become insolvent, or for any other reason may be
unable to honor the terms of the letter of credit. The director may
require an issuing bank to submit evidence of its financial condition,
and the director may seek the cooperation of the division of finance in
evaluating the financial condition of an issuing bank. In the event that
the licensee entered into a trust fund agreement, the beneficiary of a
letter of credit or the pledgee of a certificate of deposit shall be in
accordance with the federal Packers and Stockyards Administration Act. In
any situation wherein a trust agreement is entered into, the state
veterinarian shall be the trustee on a letter of credit. (L. 1943 p. 310
§ 8, A.L. 1957 p. 20, A.L. 1978 H.B. 1634, A.L. 1989 S.B. 300)
Effective 5-4-89
The licensee shall maintain and keep a complete record so that
the state veterinarian, his deputy or any peace officer may ascertain
therefrom the origin and destination of each animal sold by the licensee
within one year next after date of the sale. (L. 1943 p. 310 § 9, A.L.
1957 p. 20)
1. The state veterinarian shall require all licensees defined in
this chapter to obtain inspection of all livestock offered for sale at
any livestock sale or market in the manner that he designates.
2. The state veterinarian, or his deputy, may in his discretion order any
livestock vaccinated or quarantined or both if he thinks such action
advisable. The authority to require vaccination given herein shall not be
construed to give the state veterinarian power to issue a general order
for the vaccination of all livestock sold in this state or sold at all
livestock sales in this state.
3. Livestock inspections, and all official testing of livestock for
disease, including any method of identifying animals in connection with a
disease, shall be made by a licensed veterinarian or other person
approved by the state veterinarian and whose performance of official
tests or inspections shall be in accordance with rules and regulations
that may be made by the state veterinarian not contrary to the provisions
of this chapter. The veterinary inspector is subject to dismissal by the
state veterinarian for neglect of duty in the enforcement of the
provisions of this chapter or for misconduct while on official duty. Any
market operator who desires to dismiss from his position a veterinarian
approved under this section, shall notify the state veterinarian, who
shall review the circumstances surrounding the proposed dismissal. The
state veterinarian shall provide both the market operator and the market
veterinarian an opportunity to appear and be heard. In the event that
such circumstances cannot be satisfactorily resolved within thirty days,
the state veterinarian shall withdraw approval of the market veterinarian
for that market or sale, unless it shall appear that the predominant
reason for dismissal is a refusal by the market veterinarian to breach a
state or federal requirement relating to the performance of official
tests and inspections. (L. 1943 p. 310 § 10, A.L. 1957 p. 20, A.L. 1989
S.B. 300)
Effective 5-4-89
The state veterinarian or his duly authorized representative may
inspect the records of any livestock sales or market licensee, at any
reasonable time, to determine the origin and destination of any livestock
handled by the licensee, or to determine if any provision of this chapter
has been violated. In addition, the state veterinarian may subpoena any
market record or any record relating to a market transaction. Such
subpoena shall be enforceable in the circuit court of the county in which
the livestock market is located or wherein any livestock sale transaction
is consummated. Any documents or records obtained by the state
veterinarian or his representatives which reveal the financial condition
of a licensee shall be deemed confidential, and shall not be disclosed
except at a hearing before the director or a court. (L. 1943 p. 310 § 12,
A.L. 1957 p. 20, A.L. 1989 S.B. 300)
Effective 5-4-89
The licensee shall use reasonable care to determine the true
ownership and source of any livestock sold or offered for sale and shall
keep a record of same. (L. 1943 p. 310 § 13, A.L. 1957 p. 20)
Any person, or any officer, agent, representative or employee of
such person, who violates any of the provisions of this chapter shall
upon conviction be deemed guilty of a misdemeanor and in addition thereto
his or their license is subject to suspension or revocation by the state
veterinarian. (L. 1943 p. 310 § 14, A.L. 1957 p. 20)
If a contract for the sale of livestock does not contain a
written statement as to a warranty of merchantability or fitness for a
particular purpose, the seller is not liable for damages resulting from
the lack of merchantability or fitness for a particular purpose of the
livestock sold under the terms of that contract. (L. 1980 H.B. 972)
The state veterinarian is hereby authorized to promulgate rules
and regulations to aid in the administration and enforcement of this
chapter. 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. (L. 1989 S.B. 300,
A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
The state veterinarian may apply to the circuit courts and the
circuit courts shall be authorized to issue orders enjoining any
violation of this chapter. (L. 1989 S.B. 300)
Effective 5-4-89
1. Any person who offers a bribe to any livestock market or sale
operator or market veterinarian for the purpose of inducing such operator
or veterinarian to violate the provisions of this chapter shall be guilty
of a class D felony.
2. Nothing contained in this chapter shall be construed to authorize any
private cause of action, or to establish any substitute principal of a
law in connection therewith. (L. 1989 S.B. 300 §§ 277.180, 277.200)
Effective 5-4-89
As used in sections 277.200 to 277.215, the following terms mean:
(1) "Department", the department of agriculture;
(2) "Livestock", live cattle, swine, llamas, alpaca, buffalo, or sheep;
(3) "Packer", a person who is engaged in the business of slaughtering
livestock or receiving, purchasing or soliciting livestock for
slaughtering, the meat products of which are directly or indirectly to be
offered for resale or for public consumption. "Packer" includes an agent
of the packer engaged in buying or soliciting livestock for slaughter on
behalf of a packer. "Packer" does not include a cold storage plant, a
frozen food locker plant exempt from federal inspection requirements, a
livestock market or livestock auction agency, any cattle buyer who
purchases twenty or fewer cattle per day or one hundred or fewer cattle
per week, any hog buyer who purchases fifty or fewer hogs per day or two
hundred fifty or fewer hogs per week, or any sheep buyer who purchases
fifty or fewer sheep per day or two hundred fifty or fewer sheep per
week. (L. 1999 S.B. 310 § 1, A.L. 2005 S.B. 355)
Expires 12-31-02
(2001) Section does not violate the dormant Commerce Clause. Hampton
Feedlot, Inc. v. Nixon, 249 F.3d 814 (8th Cir.).
Sections 277.200 to 277.215 shall be enforced in a manner which
is consistent with the Packers and Stockyards Act (7 U.S.C.A. § 181 et
seq.) as it relates to live cattle, swine or sheep. (L. 2001 1st Ex.
Sess. H.B. 4)
Effective 9-28-01
Expires 12-31-02
It shall be unlawful for any packer with respect to livestock,
meats, meat food products, or livestock products in unmanufactured form
to:
(1) Engage in or use any unfair, unjustly discriminatory, or deceptive
practice or device; or
(2) Make or give any undue or unreasonable preference or advantage to any
particular person or locality in any respect whatsoever, or subject any
particular person or locality to any undue or unreasonable prejudice or
disadvantage in any respect whatsoever; or
(3) Sell or otherwise transfer to or for any other packer or buy or
otherwise receive from or for any other packer, any article for the
purpose or with the effect of apportioning the supply between any such
persons, if such apportionment has the tendency or effect of restraining
commerce or of creating a monopoly; or
(4) Sell or otherwise transfer to or for any other person, or buy or
otherwise receive from or for any other person, any article for the
purpose or with the effect of manipulating or controlling prices, or of
creating a monopoly in the acquisition of, buying, selling, or dealing
in, any article, or of restraining commerce; or
(5) Engage in any course of business or do any act for the purpose or
with the effect of manipulating or controlling prices, or of creating a
monopoly in the acquisition of, buying, selling, or dealing in, any
article, or of restraining commerce; or
(6) Conspire, combine, agree, or arrange, with any other person to
apportion territory for carrying on business, or to apportion purchases
or sales of any article, or to manipulate or control prices; or
(7) Conspire, combine, agree or arrange with any other person to do, or
aid or abet the doing of, any act made unlawful by subdivision (a), (b),
(c), (d) or (e) of 7 U.S.C.A. § 192. (L. 2001 1st Ex. Sess. H.B. 4)
Effective 9-28-01
Expires 12-31-02
A packer shall provide to the agricultural market service
livestock market news branch of the United States Department of
Agriculture and to the Missouri department of agriculture all prices paid
for livestock, both contract and direct purchase, by 9:00 a.m. the
following business day. (L. 1999 S.B. 310 § 3)
Expires 12-31-02
1. Any agreement made by a packer in violation of sections
277.200 to 277.215 is voidable.
2. Any packer acting in violation of sections 277.200 to 277.215 is
guilty of a class A misdemeanor. (L. 1999 S.B. 310 § 4)
Expires 12-31-02
(2001) Section does not violate the dormant Commerce Clause. Hampton
Feedlot, Inc. v. Nixon, 249 F.3d 814 (8th Cir.).
The attorney general shall enforce the provisions of sections
277.200 to 277.215. The department of agriculture shall refer violations
of the provisions of sections 277.200 to 277.215 to the attorney general.
The attorney general may bring an action pursuant to the provisions of
chapter 407, RSMo, for any remedy allowed for unlawful merchandising
practices. (L. 1999 S.B. 310 § 5, A.L. 2001 1st Ex. Sess. H.B. 4)
Effective 9-28-01
Expires 12-31-02
(2001) Section does not violate the dormant Commerce Clause. Hampton
Feedlot, Inc. v. Nixon, 249 F.3d 814 (8th Cir.).
1. Each packer shall make available for publication and to the
department of agriculture a daily report setting forth information
regarding prices paid for livestock under each contract in force in
Missouri in which the packer and a Missouri resident are parties for the
purchase of livestock by the packer and which sets a date for delivery
more than fourteen days after the making of the contract.
2. The report shall be completed on forms prepared by the department for
comparison with cash market prices for livestock and livestock carcasses
according to procedures required by the department. The report shall not
include information regarding the identity of a seller.
3. Any packer who fails to report as required by this section is guilty
of a class A misdemeanor.
4. The department shall adopt rules to implement the provisions of
sections 277.200 to 277.215.
5. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to the provisions of chapter 536, RSMo.
6. In the event a federal law regarding livestock price reporting becomes
effective, the department of agriculture shall immediately adopt such
rules as are necessary to permit Missouri producers and packers to remain
economically competitive with producers and packers in other states.
7. Sections 277.200 to 277.215* shall expire December 31, 2002. (L. 1999
S.B. 310 § 6)
Expires 12-31-02
*Original rolls contain section "7", which was a typographical error.
|
|
|
|
