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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 280 Treated Timber Products
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Sections 280.005 to 280.140 shall be known as the "Missouri
Treated Timber Law". (L. 1984 H.B. 863)
Effective 1-1-85
As used in this chapter the following terms mean:
(1) "Brand", an identification mark assigned to a treated timber
producer, used to mark treated timber products after treatment;
(2) "Director", the director of the state department of agriculture;
(3) "Preservative" includes such chemicals or combination thereof that
will protect wood or wood products against deterioration or destruction
from any one or combination of the following: insects, fungi, bacteria,
or other wood-destroying organisms;
(4) "Retention of preservatives", the amount of preservative in pounds
per cubic foot or metric equivalent retained in wood after preservative
treatment;
(5) "Stop-sale", an administrative order provided by law, restraining the
sale, disposition, and movement of a definite amount of treated timber,
of a specific piece, bundle, charge or shipment if the treated timber is
distinguished by piece, bundle, charge or shipment;
(6) "Treated timber", wood or wood products treated by the impregnation
or application of chemical solutions or chemical mixtures for the purpose
of retarding or preventing deterioration or destruction by insects,
fungi, bacteria, or other wood-destroying organisms;
(7) "Treated timber dealer", any retail or wholesale place of business
other than treated timber producers that sells or offers for sale treated
timber products;
(8) "Treated timber producer", any person, firm or corporation who
engages in the business of treating timber products with preservatives.
(L. 1961 p. 40 § 1, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
It shall be unlawful for any treated timber producer to sell or
offer for sale within the state of Missouri any treated timber unless
such treated timber meets the standards for such products as established
by the director under the provisions of this chapter. (L. 1961 p. 40 §
2.1, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
Every treated timber producer shall annually secure a license
from the director before such treated timber may be sold or offered for
sale in the state of Missouri. The fee for such treated timber producer
license shall be two hundred dollars annually. This annual license fee
shall also allow the sale of treated timber without the additional
purchase of the treated timber dealer license required by section
280.035. (L. 1961 p. 40 § 3.1, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
Every treated timber dealer who engages in the business of
selling treated timber shall annually secure a license from the director
for each location or place of business where such sales occur before such
treated timber may be sold or offered for sale in the state of Missouri
by such treated timber dealer. The fee for a treated timber dealer
license shall be fifteen dollars. (L. 1984 H.B. 863)
Effective 1-1-85
Every treated timber dealer before selling or offering for sale
treated timber in the state of Missouri shall file a license application
provided by the department of agriculture and shall give the following
information:
(1) Company name, address, and telephone number; and
(2) The type of treated timber to be sold. (L. 1984 H.B. 863 § 280.065)
Effective 1-1-85
1. No license is transferable. All persons holding a Missouri
treated timber license shall post the license in a conspicuous place in
the place of business to which it applies. The licensing year shall be
twelve months, or any fraction thereof beginning on July first and ending
June thirtieth. Fees collected under sections 280.030 and 280.035 shall
constitute a fund for the payment of costs of inspection, sampling, and
analysis and other expenses necessary for the administration of sections
280.005 to 280.145 and shall be deposited in the state treasury and
credited to the general revenue fund.
2. If the application for renewal of any treated timber license is not
filed prior to expiration date in any year, a penalty of fifty percent
shall be assessed and added to the original fee and shall be paid by the
applicant before that renewal license shall be issued. (L. 1984 H.B. 863
§ 280.040 subsecs. 1, 2)
Effective 1-1-85
Whenever the director has knowledge that a licensee licensed
under the provisions of this chapter has violated the provisions of this
chapter, in order to protect the interest of the public, the director,
after hearing, may suspend or revoke his license. The licensee shall be
notified in writing of the violation, date and place of the hearing of
suspension or revocation of his license. (L. 1961 p. 40 § 5, A.L. 1979
S.B. 36, A.L. 1984 H.B. 863 § 280.040 subsec. 3)
Effective 1-1-85
The director may promulgate rules to establish specifications
for wood preservation and treating practices; to prescribe the minimum
net retention of preservative per cubic foot or metric equivalent of wood
in treating timber products; to establish branding requirements for
treated timber; and to set requirements for preservative and product use
information to be supplied to purchasers. 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. 1961 p. 40 § 4, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863,
A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Every treated timber producer chemically treating timber for
sale or offer for sale in Missouri, whether in state or out of state,
shall, before selling or offering for sale, file with the director a
statement giving the following information:
(1) The type of treatment used in processing the treated timber;
(2) The guaranteed net retention of preservative per cubic foot or metric
equivalent of treated timber. (L. 1961 p. 40 § 3.2, A.L. 1965 p. 95, A.L.
1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
Treated timber products shall be clearly branded before being
sold or offered for sale within the state of Missouri as determined by
rule. Each brand so used must be registered with the director. (L. 1961
p. 40 § 2.3, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
All treated timber being sold or offered for sale within the
state shall be accompanied by an invoice which shall carry the following
information in addition to the price, terms of sale and other information
required by the purchaser:
(1) The type of preservative used in processing treated timber;
(2) The guaranteed net retention of preservative per cubic foot or metric
equivalent of treated wood; and
(3) Other information determined necessary and prescribed by the director
by rule. (L. 1961 p. 40 § 2.2, A.L. 1965 p. 95, A.L. 1979 S.B. 36, A.L.
1984 H.B. 863)
Effective 1-1-85
For the purpose of carrying out the provisions and requirements
of this chapter and the rules made and notices given pursuant thereto,
the director or his authorized agents, inspectors or employees may enter
into or upon any premises during reasonable business hours and open any
package or container containing or believed to contain treated timber and
to take reasonable samples for testing purposes of preservatives used or
treated products being sold or offered for sale. If the director or his
authorized agent is denied access to any premises, where such access was
sought for the purposes set forth in this chapter, the director or his
authorized agent may apply to a court of competent jurisdiction for a
search warrant authorizing access to the premises. The court may issue a
search warrant for the purposes requested upon probable cause being
shown. (L. 1961 p. 40 § 8.1, A.L. 1965 p. 95, A.L. 1979 S.B. 36, A.L.
1984 H.B. 863)
Effective 1-1-85
1. The director or his authorized agent is authorized to issue
and enforce written or printed "stop sale" orders to the owner or
custodian of any treated timber and to hold those timber products at a
designated place when the director or his authorized agent finds treated
timber being offered for sale in violation of any provision of this
chapter or rules promulgated pursuant thereto.
2. The owner or custodian of the treated timber subject to the "stop
sale" order may require, and upon request shall be granted, a hearing in
the circuit court of the city or county in which the products are located
to determine whether probable cause exists that the statutes or
regulations have been violated. The hearing shall be granted within three
working days of the day of receipt by the court of the request for a
hearing. The director or his agent shall, at the time of the seizure,
notify in writing the custodian of the seized treated timber of the right
to a hearing. If the custodian is not the owner of the treated timber,
the director or his agent shall make reasonable efforts to notify the
person holding title to the property, as owner, of the seizure and of his
right to a hearing.
3. The "stop sale" order shall be effective until the law has been
complied with and the treated timber has been released, in writing, by
the director, or the violations have been otherwise legally disposed of
by written authority. When the requirements of this chapter and rules
promulgated hereto have been complied with, the director shall release
the treated timber. If compliance is not obtained within thirty days, the
director may begin, or upon request of the owner or custodian shall
begin, proceedings for condemnation. (L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
Any treated timber being sold or offered for sale in Missouri in
violation of the provisions of this chapter may be proceeded against in
any circuit court in any county of the state where it may be found and
seized for condemnation, provided the offending person, firm or
corporation has had official warning from the director of the department
of agriculture or his authorized agent of this or previous violation. (L.
1961 p. 40 § 8.1, A.L. 1978 H.B. 1634, A.L. 1979 S.B. 36, A.L. 1984 H.B.
863)
Effective 1-1-85
1. If any treated timber is condemned, it shall, after entry of
decree, be disposed of by destruction or sale as the court may direct,
and the proceeds, if the treated timber is sold, less legal costs and
administrative costs and civil penalty, shall be paid to the person
holding title to the treated timber; provided that the treated timber
shall not be sold contrary to the provisions of sections 280.005 to
280.140; and provided, further, that upon payment of costs and execution
and delivery of a good and sufficient bond, conditioned that the treated
timber shall not be disposed of unlawfully, the court may direct that
said treated timber be delivered to the owner or custodian thereof for
retreating or disposal, as the case may be.
2. If the court orders a condemnation sale to dispose of the treated
timber, ten percent of the proceeds or ten thousand dollars, whichever is
less, shall be paid to the general revenue fund as a civil penalty. (L.
1961 p. 40 § 8.2, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
Exceptions:
(1) No part of this chapter shall be construed as affecting farmers or
other persons treating timber or timber products for home or personal use;
(2) No part of this chapter shall be construed to prohibit any
manufacturer of treated timber products from employing preservative
standards and methods prescribed by federal or state agencies,
departments or political subdivisions, railroads, mines, and public
utilities in the manufacturing, sale and delivery in this state of their
orders of treated timber products, except that the manufacturer must show
proof of contract when requested to do so by the director;
(3) No part of this chapter shall be construed to include within the
definition of treated timber dealer federal or state agencies,
departments or political subdivisions, railroads, mines, public and
municipal utilities and corporations organized under chapter 394, RSMo,
which engage in the sale of surplus treated timber products produced
under preservative standards and methods as described in subdivision (2)
of this section;
(4) No particular method or methods of treatment shall be prescribed. (L.
1961 p. 40 § 6, A.L. 1979 S.B. 36, A.L. 1984 H.B. 863)
Effective 1-1-85
Any person, firm or corporation who violates any provision or
requirement of this chapter is guilty of a class B misdemeanor and upon
conviction thereof shall be punished by a fine of not more than five
hundred dollars, or by imprisonment for not more than six months, or by
both such fine and imprisonment. (L. 1961 p. 40 § 9, A.L. 1979 S.B. 36,
A.L. 1984 H.B. 863)
Effective 1-1-85
The director is authorized to apply to the court to grant a
temporary or permanent injunction restraining any person from violating
or continuing to violate any of the provisions of sections 280.005 to
280.140 or any rule promulgated under sections 280.005 to 280.140,
notwithstanding the existence of other remedies at law. (L. 1979 S.B. 36,
A.L. 1984 H.B. 863)
Effective 1-1-85
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