Missouri Statute | Act | Code |Public Health And Welfare| US Code - US Statute

1. For the purpose of sections 196.010 to 196.120:

(1) The term "contaminated with filth" applies to any food, drug, device,
or cosmetic not securely protected from dust, dirt, and as far as may be
necessary by all reasonable means, from all foreign or injurious
contaminations;

(2) The term "cosmetic" means articles intended to be rubbed, poured,
sprinkled, or sprayed on, introduced into, or otherwise applied to the
human body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance, and articles intended for use
as a component of any such articles, except that such term shall not
include soap;

(3) The term "device" except when used in subsection 2 of this section
and in sections 196.015(10), 196.075(6), 196.100(3) and 196.115(3), means
instruments, apparatus, and contrivances, including their components,
parts, and accessories, intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or other animals;
or to affect the structure or any function of the body of man or other
animals;

(4) The term "department" shall be construed to mean the department of
health and senior services;

(5) The term "drug" means (a) articles recognized in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement to any of them;
and (b) articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals; and (c)
articles, other than food, intended to affect the structure or any
function of the body of man or other animals; and (d) articles intended
for use as a component of any articles specified in clause (a), (b), or
(c); but does not include devices or their components, parts or
accessories;

(6) The term "federal act" means the Federal Food, Drug and Cosmetic Act
(Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.);

(7) The term "food" means articles used for food or drink for man or
other animals, chewing gum, and articles used for components of any such
article;

(8) The term "immediate container" does not include package liners;

(9) The term "label" means a display of written, printed, or graphic
matter upon the immediate container of any article; and a requirement
made by or under authority of sections 196.010 to 196.120 that any word,
statement, or other information appearing on the label shall not be
considered to be complied with unless such word, statement, or other
information also appears on the outside container or wrapper, if any
there be, of the retail package of such article, or is easily legible
through the outside container or wrapper;

(10) The term "labeling" means all labels and other written, printed, or
graphic matter upon any article or any of its containers or wrappers, or
accompanying such article;

(11) The term "new drug" means any drug the composition of which is such
that such drug is not generally recognized, among experts qualified by
scientific training and experience to evaluate the safety of drugs, as
safe for use under the conditions prescribed, recommended or suggested in
the labeling thereof; or any drug the composition of which is such that
such drug, as a result of investigations to determine its safety for use
under such conditions, has become so recognized, but which has not,
otherwise than in such investigations, been used to a material extent or
for a material time under such conditions;

(12) The term "official compendium" means the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
official National Formulary, or any supplement to any of them;

(13) The term "person" includes individual, partnership, corporation, and
association.

2. If an article is alleged to be misbranded because the labeling is
misleading, then in determining whether the labeling is misleading, there
shall be taken into account, among other things, not only representations
made or suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling fails to
reveal facts material in the light of such representations or material
with respect to consequences which may result from the use of the article
to which the labeling relates under the conditions of use prescribed in
the labeling thereof or under such conditions of use as are customary or
usual.

3. The representation of a drug, in its labeling, as an antiseptic shall
be considered to be a representation that it is a germicide, except in
the case of a drug purporting to be, or represented as, an antiseptic for
inhibitory use as a wet dressing, ointment, dusting powder, or such other
use as involves prolonged contact with the body.

4. The provisions of sections 196.010 to 196.120 regarding the selling of
food, drugs, devices, or cosmetics, shall be considered to include the
manufacture, production, processing, packing, exposure, offer,
possession, and holding of any such article for sale and the sale,
dispensing, and giving of any such article, and the supplying of any such
articles in the conduct of any food, drug, or cosmetic establishment. (L.
1943 p. 559 § 9857)

The following acts and the causing thereof within the state of
Missouri are hereby prohibited:

(1) The manufacture, sale, or delivery, holding or offering for sale of
any food, drug, device, or cosmetic that is adulterated or misbranded;

(2) The adulteration or misbranding of any food, drug, device, or
cosmetic;

(3) The receipt in commerce of any food, drug, device, or cosmetic that
is adulterated or misbranded, and the delivery or proffered delivery
thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale
of any article in violation of section 196.080 or 196.105;

(5) The dissemination of any false advertisement;

(6) The refusal to permit entry or inspection, or to permit the taking of
a sample, as authorized by section 196.055;

(7) The giving of a guaranty or undertaking referred to in section
196.025(2), which guaranty or undertaking is false; except by a person
who relied on a guaranty or undertaking to the same effect signed by, and
containing the name and address of the person residing in the state of
Missouri or in the United States, from whom he received in good faith the
food, drug, device, or cosmetic;

(8) The removal or disposal of a detained or embargoed article in
violation of section 196.030;

(9) The alteration, mutilation, destruction, obliteration, or removal of
the whole or any part of the labeling of, or the doing of any other act
with respect to a food, drug, device, or cosmetic, if such act is done
while such article is held for sale and results in such article being
misbranded;

(10) Forging, counterfeiting, simulating, or falsely representing, or
without proper authority using any mark, stamp, tag, label, or other
identification device authorized or required by regulations promulgated
under the provisions of sections 196.010 to 196.120;

(11) The using, on the labeling of any drug or in any advertising
relating to such drug, of any representation or suggestion that an
application with respect to such drug is effective under section 196.105,
or that such drug complies with the provisions of such section;

(12) The using by any person to his own advantage, or revealing, other
than to the department, or to the courts when relevant in any judicial
proceeding under sections 196.010 to 196.120, any information acquired
under authority of sections 196.055, 196.080, 196.105 concerning any
method or process which as a trade secret is entitled to protection. (L.
1943 p. 559 § 9858)

CROSS REFERENCE: Sales prohibited by itinerant vendors and peddlers of
baby food, drugs, cosmetics, certain devices, penalty, RSMo 150.465

In addition to the remedies herein provided the department of
health and senior services is hereby authorized to apply to the circuit
court for, and such court shall have jurisdiction upon hearing and for
cause shown, to grant a temporary or permanent injunction restraining any
person from violating any provision of section 196.015; irrespective of
whether or not there exists an adequate remedy at law. (L. 1943 p. 559 §
9859)

1. Any person who violates any of the provisions of section
196.015 shall, on conviction, be adjudged guilty of a misdemeanor, and
punished by a fine of not more than one thousand dollars, or imprisonment
for not more than one year or by both such fine and imprisonment.

2. No person shall be subject to the penalties of subsection 1 of this
section for having violated section 196.015(1) or 196.015(3), if he
establishes a guaranty or undertaking signed by the person from whom he
purchased the food, drug, device, or cosmetic; if a resident of this
state, that the food, drug, device, or cosmetic is not adulterated or
misbranded within the meaning of sections 196.010 to 196.120, designating
it, or, if a nonresident of this state residing in the United States, or
a resident of this state engaged in interstate commerce with reference to
the product involved, that the food, drug, device, or cosmetic is not
adulterated or misbranded within the meaning of an act of congress
entitled "An act to prohibit the movement in interstate commerce of
adulterated and misbranded food, drugs, devices, and cosmetics, and for
other purposes" approved June 25, 1938, and the supplements and
amendments thereto.

3. No publisher, radio broadcast licensee, or agency or medium for the
dissemination of an advertisement, except the manufacturer, packer,
distributor, or seller of the article to which a false advertisement
relates shall be liable under this section by reason of the dissemination
by him of such false advertisement, unless he has refused, on the request
of the department of health and senior services to furnish the said
department the name and post-office address of the manufacturer, packer,
distributor, seller, or advertising agency, residing in the state of
Missouri, or in the United States, who caused him to disseminate such
advertisement. (L. 1943 p. 559 § 9860)

1. Whenever a duly authorized agent of the department of health
and senior services finds or has probable cause to believe, that any
food, drug, device, or cosmetic is adulterated, or so misbranded as to be
dangerous or fraudulent, within the meaning of sections 196.010 to
196.120, he shall affix to such article a tag or other appropriate
marking, giving notice that such article is, or is suspected of being,
adulterated or misbranded and has been detained or embargoed, and warning
all persons not to remove or dispose of such article by sale or otherwise
until permission for removal or disposal is given by such agent or the
court. It shall be unlawful for any person to remove or dispose of such
detained or embargoed article by sale or otherwise without such
permission.

2. When an article detained or embargoed under subsection 1 has been
found by such agent to be adulterated, or misbranded, he shall petition
any circuit or associate circuit judge, in whose jurisdiction the article
is detained or embargoed for an order for condemnation of such article.
When such agent has found that an article so detained or embargoed is not
adulterated or misbranded, he shall remove the tag or other marking.

3. If the court finds that a detained or embargoed article is adulterated
or misbranded within the meaning of sections 196.010 to 196.120, such
article shall, after entry of the decree, be destroyed or sold under the
supervision of such agent, as the court may direct, but no such article
shall be sold contrary to any provisions of said sections, and the
proceeds thereof, if sold, less the legal costs and charges, shall be
paid into the general fund of the state of Missouri; provided, that when
the adulteration or misbranding can be corrected by proper labeling or
processing of the article, the court, after entry of the decree and after
such costs, fees, and expenses have been paid and a good and sufficient
bond, conditioned that such article shall be so labeled or processed, has
been executed, may by order direct that such article be delivered to the
claimant thereof for such labeling or processing under the supervision of
an agent of the department of health and senior services. The expense of
such supervision shall be paid by the claimant. When the article is no
longer in violation of sections 196.010 to 196.120, and the expenses of
such supervision have been paid, the department of health and senior
services shall present these facts to the court, and such bond shall be
then returned to the claimant of the article.

4. Whenever the department of health and senior services or any of its
authorized agents shall find in any room, building, vehicle of
transportation or other structure, any meat, seafood, poultry, vegetable,
fruit or other perishable articles which are unsound, or contain any
filthy, decomposed, or putrid substance, or that may be poisonous or
deleterious to health or otherwise unsafe, the department of health and
senior services, or its authorized agent, shall forthwith condemn or
destroy the same or in any other manner render the same unsalable as
human food if the person found in possession of same or claiming
possession or ownership of same shall agree to such action; provided that
if any such person refuse to permit such action by the department of
health and senior services or its agent, such agent may serve such person
with a written notice directing him to hold or store any such articles
for a period not longer than three days from the date of service of such
notice. Such notice shall also prohibit any such person from selling or
in any manner disposing of such articles of food during the prescribed
period. The department of health and senior services or its agent after
issuing any such notice shall immediately apply to the circuit court in
whose jurisdiction such articles of food may be found or held for an
order to condemn or destroy same. Upon the application for such order the
court shall immediately hold a summary hearing and at the conclusion
thereof shall either grant the order requested or shall order the
articles of food in question released to the person claiming ownership or
possession thereof. Upon the application for any such order, the court
may make such orders for the custody, storage, or temporary preservation
of any of such articles of food as may under the circumstances be deemed
proper. After the hearing prescribed for herein, if the court find the
complaint to be sustained, the court may direct the articles of food to
be disposed of as provided for by subsection 3 of this section. (L. 1943
p. 559 § 9861, A.L. 1978 H.B. 1634)

Effective 1-2-79

It shall be the duty of the prosecuting attorney in any county
or city in the state, when called upon by the department of health and
senior services, or any of its assistants, to render any legal assistance
in his power to execute the laws and to prosecute cases rising under the
provisions of sections 196.010 to 196.120. Before any violation of
sections 196.010 to 196.120 is reported to any such attorney for the
institution of a criminal proceeding, the person against whom such
proceeding is contemplated shall be given appropriate notice and an
opportunity to present his views before the department of health and
senior services or its designated agent, either orally or in writing, in
person, or by attorney, with regard to such contemplated proceeding. The
court at any time after seizure up to a reasonable time before trial,
shall, by order allow any party to a condemnation proceeding, his
attorney or agent, to obtain a representative sample of the article
seized, and as regards fresh fruit or vegetables, a true copy of the
analysis on which the proceeding is based and the identifying marks or
numbers, if any, of the packages from which the samples analyses were
obtained. (L. 1943 p. 559 § 9862)

Nothing in sections 196.010 to 196.120 shall be construed as
requiring the department of health and senior services to report for the
institution of proceedings under sections 196.010 to 196.120, minor
violations of said sections, whenever the department of health and senior
services believes that the public interest will be adequately served in
the circumstances by a suitable written notice or warning. (L. 1943 p.
559 § 9863)

1. The authority to promulgate regulations for the efficient
enforcement of sections 196.010 to 196.120 is hereby vested in the
department of health and senior services. The department shall make the
regulations promulgated under said sections conform, insofar as
practicable, with those promulgated under the federal act.

2. Hearings authorized or required by sections 196.010 to 196.120 shall
be conducted by the department of health and senior services or such
officer, agent, or employee as the department may designate for the
purpose.

3. Regulations shall be promulgated pursuant to the requirements of this
section and chapter 536, RSMo. 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.
1943 p. 559 § 9875, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

In no event shall the said department of health and senior
services prescribe or promulgate any regulation fixing or establishing
any definitions or standards which are more rigid or more stringent than
those prescribed by the federal act applying to any commodity covered by
sections 196.010 to 196.120 and if any product or commodity covered by
said sections shall comply with the definitions and standards prescribed
by the federal act for such product or commodity, such product or
commodity shall be deemed in all respects to comply with sections 196.010
to 196.120. (L. 1943 p. 559 § 9864)

The department of health and senior services or its duly
authorized agent shall have free access at all reasonable hours to any
factory, warehouse, or establishment in which foods, drugs, devices, or
cosmetics are manufactured, processed, packed, or held for introduction
into commerce, or to enter any vehicle being used to transport or hold
such foods, drugs, devices, or cosmetics in commerce, for the purposes:

(1) Of inspecting such factory, warehouse, establishment, or vehicle to
determine if any of the provisions of sections 196.010 to 196.120 are
being violated; and

(2) To secure samples or specimens of any food, drug, device, or cosmetic
after paying or offering to pay for such sample. It shall be the duty of
the department of health and senior services to make or cause to be made
examinations or analyses of samples secured under the provisions of this
section to determine whether or not any provision of sections 196.010 to
196.120 is being violated. (L. 1943 p. 559 § 9876)

For the purpose of enforcing the provisions of sections 196.010
to 196.120, carriers engaged in interstate commerce, and persons
receiving foods, drugs, devices, or cosmetics in interstate commerce,
shall upon the request of an officer or employee duly designated by the
department of health and senior services, permit such officer or employee
to have access to and copy all records showing the movement in interstate
commerce of any food, drug, device, or cosmetic, and the quantity,
shipper and consignee thereof; and it shall be unlawful for any such
carrier or person to fail to permit such access to and copying of any
such record so requested when such request is accompanied by a definite
statement in writing specifying the nature or kind of food, drug, device,
or cosmetic to which such request relates; provided, that evidence
obtained under this section shall not be used in a criminal prosecution
of the person from whom obtained; provided further, that carriers shall
not be subject to the other provisions of sections 196.010 to 196.120 by
reason of their receipt, carriage, or delivery of foods, drugs, devices,
cosmetics, or advertising matter in the usual course of business as
carriers. (L. 1943 p. 559 § 9878)

1. The department of health and senior services may cause to be
published from time to time reports summarizing all judgments, decrees,
and court orders which have been rendered under sections 196.010 to
196.120, including the nature of the charge and the disposition thereof.

2. The department may also cause to be disseminated such information
regarding foods, drugs, devices, and cosmetics as the department deems
necessary in the interest of public health and the protection of the
consumer against fraud. Nothing in this section shall be construed to
prohibit the department from collecting, reporting, and illustrating the
results of the investigations of the said department. (L. 1943 p. 559 §
9877)

A food shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which
may render it injurious to health; but in case the substance is not an
added substance such food shall not be considered adulterated under this
subdivision if the quantity of such substance in such food does not
ordinarily render it injurious to health; or

(2) If it bears or contains any added poisonous or added deleterious
substance which is unsafe within the meaning of section 196.085; or

(3) If it consists, in whole or in part, of any diseased, contaminated,
filthy, putrid, or decomposed substance, or if it is otherwise unfit for
food; or

(4) If it has been produced, prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth or whereby
it may have been rendered diseased, unwholesome, or injurious to health;
or

(5) If it is, in whole or in part, the product of a diseased animal or of
an animal which has died otherwise than by slaughter, or that has been
fed upon the uncooked offal from a slaughterhouse; or

(6) If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health; or

(7) If any valuable constituent has been in whole or in part omitted or
abstracted therefrom; or

(8) If any substance has been substituted wholly or in part therefor; or

(9) If damage or inferiority has been concealed in any manner; or

(10) If any substance has been added thereto or mixed or packed therewith
so as to increase its bulk or weight, or reduce its quality or strength
or make it appear better or of greater value than it is; or

(11) If it is confectionery and it bears or contains any alcohol or
nonnutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of four-tenths of one
percent, harmless natural wax not in excess of four-tenths of one
percent, harmless natural gum, and pectin; provided, that this
subdivision shall not apply to any confectionery, by reason of its
containing less than five percent by weight of alcohol, or to any chewing
gum by reason of its containing harmless nonnutritive masticatory
substances; or

(12) If it bears or contains a coal tar color other than one from a batch
which has been certified under authority of the federal act. (L. 1943 p.
559 § 9865, A.L. 1994 S.B. 474)

A food shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is offered for sale under the name of another food;

(3) If it is an imitation of another food, unless its label bears, in
type of uniform size and prominence, the word, "imitation", and,
immediately thereafter, the name of the food imitated;

(4) If its container is so made, formed or filled as to be misleading;

(5) If in package form, unless it bears a label containing:

(a) The name and place of business of the manufacturer, packer or
distributor;

(b) An accurate statement of the quantity of the contents in terms of
weight, measure, or numerical count; provided, that under clause (b) of
this subdivision reasonable variations shall be permitted, and exemptions
as to small packages shall be established, by regulations prescribed by
the department of health and senior services;

(6) If any word, statement, or other information required by or under
authority of sections 196.010 to 196.120 to appear on the label or
labeling is not prominently placed thereon with such conspicuousness, as
compared with other words, statements, designs, or devices, in the
labeling, and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use;

(7) If it purports to be or is represented as a food for which a
definition and standard of identity has been prescribed by regulations as
provided by section 196.050, unless it conforms to such definition and
standard, and its label bears the name of the food specified in the
definition and standard, and, insofar as may be required by such
regulations, the common names of optional ingredients, other than spices,
flavoring, and coloring, present in such food;

(8) If it purports to be or is represented as:

(a) A food for which a standard of quality has been prescribed by
regulations as provided by section 196.050 and its quality falls below
such standard unless its label bears, in such manner and form as such
regulations specify, a statement that it falls below such standard;

(b) A food for which a standard or standards of fill of container have
been prescribed by regulation as provided by section 196.050, and it
falls below the standard of fill of container applicable thereto, unless
its label bears, in such manner and form as such regulations specify, a
statement that it falls below such standard;

(9) If it is not subject to the provisions of subdivision (7) of this
section, unless it bears labeling clearly giving:

(a) The common or usual name of the food, if any there be; and

(b) In case it is fabricated from two or more ingredients, the common or
usual name of each such ingredient, except that spices, flavorings, and
colorings, other than those sold as such, may be designated as spices,
flavorings, and colorings, without naming each; provided, that, to the
extent that compliance with the requirements of paragraph (b) of this
subdivision is impractical or results in deception or unfair competition,
exemptions shall be established by regulations promulgated by the
department of health and senior services; provided further, that the
requirements of paragraph (b) of this subdivision shall not apply to any
carbonated beverage the ingredients of which have been fully and
correctly disclosed, to the extent prescribed by said paragraph (b) to
the department of health and senior services in an affidavit;

(10) If it purports to be or is represented for special dietary uses,
unless its label bears such information concerning its vitamin, mineral,
and other dietary properties as the department of health and senior
services determines to be, and by regulations prescribed, as necessary in
order to fully inform purchasers as to its value for such uses;

(11) If it bears or contains any artificial flavoring, coloring, or
chemical preservative, unless it bears labeling stating that fact;
provided, that to the extent that compliance with the requirements of
this subdivision is impracticable, exemptions shall be established by
regulations promulgated by the department of health and senior services;
and provided further, that subdivision (11) shall not apply to artificial
coloring in butter, cheese or ice cream;

(12) The department is hereby directed to promulgate regulations
exempting from any labeling requirement of sections 196.010 to 196.120
small open containers of fresh fruits and vegetables and food which is,
in accordance with the practice of the trade, to be processed, labeled,
or repacked in substantial quantities at establishments other than those
where originally processed or packed, on condition that such food is not
adulterated or misbranded under the provisions of said sections upon
removal from such processing, labeling or repackaging establishment. (L.
1943 p. 559 § 9866)

1. Whenever the department of health and senior services finds
after investigation that the distribution in Missouri of any class of
food may, by reason of contamination with microorganisms during
manufacture, processing, or packing thereof in any locality, be injurious
to health, and that such injurious nature cannot be adequately determined
after such articles have entered commerce, it then, and in such case
only, shall promulgate regulations providing for the issuance, to
manufacturers, processors, or packers of such class of food in such
locality, of permits to which shall be attached such conditions governing
the manufacture, processing, or packing of such class of food, for such
temporary period of time, as may be necessary to protect the public
health; and after the effective date of such regulations, and during such
temporary period, no person shall introduce or deliver for introduction
into commerce any such food manufactured, processed, or packed by any
such food manufacturer, processor, or packer unless such manufacturer,
processor or packer holds a permit issued by the department of health and
senior services as provided by such regulations.

2. The department of health and senior services is authorized to suspend
immediately upon notice any permit issued under authority of this section
if it is found that any of the conditions of the permit have been
violated. The holder of a permit so suspended shall be privileged at any
time to apply for the reinstatement of such permit, and the department of
health and senior services shall, immediately after prompt hearing and an
inspection of the establishment, reinstate such permit if it is found
that adequate measures have been taken to comply with and maintain the
conditions of the permit, as originally issued, or as amended.

3. Any officer or employee duly designated by the department of health
and senior services shall have access to any factory or establishment,
the operator of which holds a permit from the department of health and
senior services for the purpose of ascertaining whether or not the
conditions of the permit are being complied with, and denial of access
for such inspection shall be ground for suspension of the permit until
such access is freely given by the operator. (L. 1943 p. 559 § 9867)

Any poisonous or deleterious substance added to any food except
where such substance is required in the production thereof or cannot be
avoided by good manufacturing practice, shall be deemed to be unsafe for
purposes of the application of subdivision (2) of section 196.070; but
when such substance is so required or cannot be so avoided, the
department of health and senior services shall promulgate regulations
limiting the quantity therein or thereon to such extent as the department
finds necessary for the protection of public health, and any quantity
exceeding the limits so fixed shall also be deemed to be unsafe for
purposes of the application of subdivision (2) of section 196.070. While
such a regulation is in effect limiting the quantity of any such
substance in the case of any food, such food shall not, by reason of
bearing or containing any added amount of such substance, be considered
to be adulterated within the meaning of subdivision (1) of section
196.070. In determining the quantity of such added substance to be
tolerated in or on different articles of food, the department shall take
into account the extent to which the use of such substance is required or
cannot be avoided in the production of each such article and the other
ways in which the consumer may be affected by the same or other poisonous
or deleterious substances. (L. 1943 p. 559 § 9868)

Nothing in sections 196.010 to 196.120 shall apply to any
ordinary animal food grown on a farm; nor to any prepared food for
animals the contents of which are stated on a label attached to the
package or container in which such prepared food is contained; nor
garbage fed to hogs. (L. 1943 p. 559 § 9868a)

A drug or device shall be deemed to be adulterated:

(1) If it consists in whole or in part of any filthy, putrid, or
decomposed substance; or

(2) If it has been produced, prepared, packed, or held under insanitary
conditions whereby it may have been contaminated with filth, or whereby
it may have been rendered injurious to health; or

(3) If it is a drug and its container is composed in whole or in part, of
any poisonous or deleterious substance which may render the contents
injurious to health; or

(4) If it is a drug and it bears or contains, for purposes of coloring
only, a coal tar color other than one from a batch certified under the
authority of the federal act;

(5) If it purports to be or is represented as a drug the name of which is
recognized in an official compendium, and its strength differs from, or
its quality or purity falls below, the standard set forth in such
compendium. Such determination as to strength, quality, or purity shall
be made in accordance with the tests or methods of assay set forth in
such compendium, or in the absence of or inadequacy of such tests or
methods of assay, those prescribed under authority of the federal act. No
drug defined in an official compendium shall be deemed to be adulterated
under this subdivision because it differs from the standard of strength,
quality, or purity therefor set forth in such compendium, if its
difference in strength, quality, or purity from such standard is plainly
stated on its label. Whenever a drug is recognized in both the United
States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United
States it shall be subject to the requirements of the United States
Pharmacopoeia unless it is labeled and offered for sale as a homeopathic
drug, in which case it shall be subject to the provisions of the
Homeopathic Pharmacopoeia of the United States and not to those of the
United States Pharmacopoeia;

(6) If it is not subject to the provisions of subdivision (5) of this
section and its strength differs from, or its purity or quality falls
below, that which it purports or is represented to possess;

(7) If it is a drug and any substance has been mixed or packed therewith
so as to reduce its quality or strength, or substituted wholly or in part
therefor. (L. 1943 p. 559 § 9869)

1. Any manufacturer, packer, distributor or seller of drugs or
devices in this state shall comply with the current federal labeling
requirements contained in the Federal Food, Drug and Cosmetic Act, as
amended, and any federal regulations promulgated thereunder. Any drug or
device which contains labeling that is not in compliance with the
provisions of this section shall be deemed misbranded.

2. A drug dispensed on a written prescription signed by a licensed
physician, dentist, or veterinarian, except a drug dispensed in the
course of the conduct of a business of dispensing drugs pursuant to a
diagnosis by mail, shall be exempt from the requirements of this section
if such physician, dentist, or veterinarian is licensed by law to
administer such drug, and such drug bears a label containing the name and
place of business of the dispenser, the serial number and date of such
prescription, and the name of such physician, dentist, or veterinarian.

3. The department is hereby directed to promulgate regulations exempting
from any labeling or packaging requirement of sections 196.010 to
196.120, drugs and devices which are, in accordance with the practice of
the trade, to be processed, labeled, or repacked in substantial
quantities at establishments other than those where originally processed
or packed, on condition that such drugs and devices are not adulterated
or misbranded under the provisions of said sections upon removal from
such processing, labeling, or repacking establishment. (L. 1943 p. 559 §
9870, A.L. 2001 H.B. 796 merged with S.B. 514)

1. No person shall sell, deliver, offer for sale, hold for sale
or give away any new drug unless:

(1) An application with respect thereto has become effective under 21
U.S.C.A. { 355; or

(2) When not subject to the federal act unless such drug has been tested
and has not been found to be unsafe for use under the conditions
prescribed, recommended, or suggested in the labeling thereof, and prior
to selling or offering for sale such drug, there has been filed with the
department an application setting forth full reports of investigations
which have been made to show whether or not such drug is safe for use; a
full list of the articles used as components of such drug; a full
statement of the composition of such drug; a full description of the
methods used in, and the facilities and controls used for, the
manufacture, processing, and packing of such drug; such samples of such
drug and of the articles used as components thereof as the department may
require; and specimens of the labeling proposed to be used for such drug.

2. An application provided for in subdivision (2) of subsection 1 shall
become effective on the sixtieth day after the filing thereof, except
that if the department finds after due notice to the applicant and giving
him an opportunity for a hearing, that the drug is not safe for use under
the conditions prescribed, recommended, or suggested in the proposed
labeling thereof, the department shall, prior to the effective date of
the application, issue an order refusing to permit the application to
become effective.

3. This section shall not apply:

(1) To a drug intended solely for investigational use by experts
qualified by scientific training and experience to investigate the safety
in drugs provided the drug is plainly labeled "For investigational use
only"; or

(2) To a drug sold in this state at any time prior to the enactment of
sections 196.010 to 196.120 or introduced into interstate commerce at any
time prior to the enactment of the federal act; or

(3) To any drug which is licensed under the Virus, Serum, and Toxin Act
of July 1, 1902 (U.S.C. 1934 cd. title 42. Chapter 4).

4. An order refusing to permit an application under this section to
become effective may be revoked by the department of health and senior
services. (L. 1943 p. 559 § 9871)

A cosmetic shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which
may render it injurious to users under the conditions of use prescribed
in the labeling or advertisement thereof, or under such conditions of use
as are customary or usual; provided, that this provision shall not apply
to coal tar hair dye, the label of which bears the following legend
conspicuously displayed thereon:

"Caution--This product contains ingredients which may cause skin
irritation on certain individuals and a preliminary test according to
accompanying directions should first be made. This product must not be
used for dyeing the eyelashes or eyebrows; to do so may cause blindness."
and the labeling of which bears adequate directions for such preliminary
testing. For the purposes of this subdivision and subdivision (5), the
term "hair dye" shall not include eyelash dyes or eyebrow dyes;

(2) If it consists in whole or in part of any filthy, putrid, or
decomposed substance;

(3) If it has been produced, prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth, or whereby
it may have been rendered injurious to health;

(4) If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health;

(5) If it is not a hair dye and it bears or contains a coal tar color
other than one from a batch which has been certified under authority of
the federal act. (L. 1943 p. 559 § 9872)

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If in package form unless it bears a label containing:

(a) The name and place of business of the manufacturer, packer, or
distributor; and

(b) An accurate statement of the quantity of the contents in terms of
weight, measure, or numerical count; provided, that under (b) of this
subdivision reasonable variations shall be permitted, and exemptions as
to small packages shall be established by regulations prescribed by the
department of health and senior services;

(3) If any word, statement, or other information required by or under
authority of sections 196.010 to 196.120 to appear on the label or
labeling is not prominently placed thereon with such conspicuousness, as
compared with other words, statements, designs, or devices, in the
labeling, and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use;

(4) If its container is so made, formed, or filled as to be misleading;

(5) The department is hereby directed to promulgate regulations exempting
from any labeling requirement of sections 196.010 to 196.120 cosmetics
which are, in accordance with the practice of the trade, to be processed,
labeled, or repacked in substantial quantities at establishments other
than those where originally processed or packed, on condition that such
cosmetics are not adulterated or misbranded under the provisions of said
sections upon removal from such processing, labeling or repackaging
establishment. (L. 1943 p. 559 § 9873)

An advertisement of a food, drug, device, or cosmetic shall be
deemed to be false if it is false or misleading in any material respect.
(L. 1943 p. 559 § 9874)

It shall hereafter be unlawful for any person, firm,
association, or corporation to sell or offer for sale, either in
wholesale or retail lots, any horse or mule meat under the guise or name
of beef or any other animal flesh under the guise or name of any meat or
meat product except that which in fact and truth it may be, without
having attached thereto, a tag or other mark for identification plainly
and legibly setting forth the true name of the animal from which such
meat or flesh was taken or without having prominently displayed over or
in conjunction with such meat or flesh, a legible sign or placard
containing the true name of the animal from which the same was taken and
without also advising the purchaser thereof by verbal, written or printed
notice of the true name of the animal from which such meat or flesh was
taken. (RSMo 1939 § 9884)

Prior revisions: 1929 § 13035; 1919 § 5683

Any person violating the provisions of section 196.150 shall be
deemed guilty of a misdemeanor. (RSMo 1939 § 9885)

Prior revisions: 1929 § 13036; 1919 § 5684

It shall hereafter be lawful for any person, firm, association,
or corporation to sell or offer for sale either in wholesale or retail
lots, goat meat; provided, the same is branded goat meat or chevon. (RSMo
1939 § 9886)

Prior revision: 1929 § 13037

Any hotel, inn, delicatessen, grocery or butcher shop, or
restaurant keeper, or any individual, firm or corporation, carrying on
and conducting a boardinghouse, eating house, lunchroom business, or
engaged in the catering business (all hereinafter referred to as
"person"), who shall with intent to defraud, sell, prepare or expose for
sale, any meat or meat preparation, articles of food or food products,
either raw or prepared for human consumption, whether the same is to be
consumed on the premises where prepared and sold, or whether same is
taken or carried elsewhere for consumption, falsely represents such food
or food preparation to be kosher, that is, that same is prepared under
and of products sanctioned by the orthodox Hebrew religious rules and
requirements; or who shall falsely represent that such meat or meat
preparation, food or food product is, or will be prepared and served in
accordance with such orthodox Hebrew religious rules and requirements, by
displaying a sign or signs, in, on, or about said person's place of
business or establishment, or by advertisement in any newspaper,
magazine, or periodical, or by publication in any other manner
whatsoever, the intent and purpose whereof shall be to represent to the
public by such advertisement, or any other manner whatsoever, that kosher
meat or meat preparations, or food or food products are prepared and sold
in such place of business or establishment, or served therein, or
prepared or sold to be taken for consumption elsewhere than on said
premises; or who prepares, sells, serves, or prepares for sale, either to
be consumed on the premises, or elsewhere, both kosher and nonkosher meat
or meat preparations, or food or food products in the same place of
business, who fails to keep separate kitchens and dining rooms, wherein
meat or meat preparations, or food or food products are prepared and
served; or who fails to keep and use separate and distinctly labeled or
marked dishes and utensils wherein such meat or meat preparation of food
or food product is prepared and served; or who shall fail to indicate on
all signs and display advertising, in, on, or about said person's
premises, in block letters, at least four inches in height, "kosher and
nonkosher food prepared and sold here", as the case may be, or persons
dealing in kosher meat or meat preparations, kosher food or food products
only and persons dealing in both kosher and nonkosher meat or meat
preparations, kosher and nonkosher food or food products who fail* to
adhere to and abide by orthodox Hebrew religious rules and requirements,
shall be guilty of a misdemeanor, punishable by a fine of not less than
twenty-five dollars, nor more than five hundred dollars, or by
imprisonment of not less than thirty days nor more than one year, or
both. Possession of nonkosher meat or meat preparation, or food or food
product in any place of business advertising the sale of kosher meat and
food only, is prima facie evidence that the person in possession exposes
the same for sale with intent to defraud in violation of the provisions
of this section. (RSMo 1939 § 9887, A.L. 1976 S.B. 512)

Prior revision: 1929 § 13038

*Word "fails" appears in original rolls.

No person shall sell or offer for sale any flour, meal, grits or
hominy, made from the admixture or adulteration of grains, unless there
shall have been first branded upon each of the barrels or packages
containing the same, the kind of grains composing said admixture, the
quality and weight thereof, and the name and place of business of the
person manufacturing the same; provided, always, that the admixture of
the several grades or kinds of wheat shall not be construed to be mixed
or adulterated grains. (RSMo 1939 § 9917)

Prior revisions: 1929 § 13077; 1919 § 5723; 1909 § 6617

CROSS REFERENCE: Flour, meal, grits, or hominy to be branded and filed
with recorder, penalty for violation, RSMo 417.100, 417.130, 417.140

Any person doing any of the acts prohibited in section 196.170,
or omitting to do any of the acts therein commanded, shall be guilty of a
misdemeanor, and for each and every offense shall be punished by a fine
of not less than twenty nor more than two hundred dollars, one-half of
which shall be paid to the person who shall be named as prosecuting
witness. (RSMo 1939 § 9922, A. 1949 S.B. 1053)

Prior revisions: 1929 § 13082; 1919 § 5728; 1909 § 6622

The chamber of commerce of the city of St. Louis is hereby
authorized to appoint a board of flour inspectors for the city of St.
Louis, for the purpose of inspecting flour designed for shipment, under
such rules and regulations as it may see fit to establish, whose brands,
between buyer and seller, shall be evidence of the quality of the flour
they represent, and which may have been subjected to said inspection.
(RSMo 1939 § 15741)

Prior revision: 1929 § 14793

Every building, room, basement, or cellar occupied or used as a
bakery, confectionery, cannery, packinghouse, slaughterhouse, restaurant,
hotel, dining car, grocery, meat market, dairy, creamery, butter factory,
cheese factory, or other place or apartment used for the preparation for
sale, manufacture, packing, storage, sale or distribution of any food,
shall be properly lighted, drained, plumbed and ventilated and conducted
with strict regard to the influence of such condition upon the health of
the operatives, employees, clerks or other persons therein employed, and
the purity and wholesomeness of the food therein produced; and for the
purpose of sections 196.190 to 196.265, the term "food", as used herein,
shall include all articles used for food, drink, confectionery condiment,
whether simple, mixed or compound, and all substances or ingredients used
in the preparation thereof. (RSMo 1939 § 9888)

Prior revisions: 1929 § 13039; 1919 § 5685

1. The floors, sidewalks, ceilings, lockers, closets, furniture,
receptacles, implements and machinery of every establishment or place
where food is manufactured, packed, stored, sold or distributed, and all
cars, trucks and vehicles used in the transportation of food products,
shall at no time be kept in an unclean, unhealthy or insanitary
condition, and for the purpose of sections 196.190 to 196.265, unclean,
unhealthful and insanitary conditions shall be deemed to exist:

(1) If food in the process of manufacture, preparation, packing, storing,
sale, distribution or transportation is not securely protected from
flies, dust, dirt and, as far as may be necessary, by all reasonable
means from all other foreign or injurious contamination; and

(2) If the refuse, dirt and waste products, subject to decomposition and
fermentation, incident to the manufacture, preparation, packing, storing,
selling, distributing and transporting of food, are not removed daily; and

(3) If all trucks, trays, boxes, baskets, buckets and other receptacles,
chutes, platforms, racks, tables, troughs, shelves and all knives, saws,
cleavers and other utensils, and machinery used in moving, handling,
cutting, chopping, mixing, canning and all other processes are not fairly
cleaned daily; and

(4) If the clothing of operatives, employees, clerks or other persons
therein employed is unclean.

2. The placing of vinegar or other liquid, used as food or drink, in open
vessels without covering the same is forbidden. The use of secondhand
bottles for vinegar or other liquids, used as food or drink, is forbidden
unless the same are first sterilized with live steam.

3. The sidewalk display of food products is prohibited unless such
products are enclosed in a showcase or similar device, which will protect
the same from flies, dust or other contamination; provided, that food
products that necessarily have to be peeled, pared or cooked before they
are fit for consumption may be displayed on the sidewalk; but the
sidewalk display of meat or meat products is prohibited. (RSMo 1939 §
9889)

Prior revisions: 1929 § 13040; 1919 § 5686

1. Every building, room, basement or cellar, occupied or used
for the preparation, manufacture, packing, canning, sale or distribution
of food, shall have convenient toilet or toilet rooms, separate and apart
from the room or rooms where the process of production, manufacture,
packing, canning, selling or distributing is conducted.

2. The floors of such toilet rooms shall be of cement, tile, wood, brick
or other nonabsorbent material and shall be furnished with separate
ventilating flush or pipes, discharging into soil pipes, or on outside of
the building in which they are situated.

3. Lavatories and washrooms shall be adjacent to toilet rooms, and shall
be supplied with soap, running water and towels, and shall be maintained
in a sanitary condition.

4. Operatives, employees, clerks and all other persons who handle the
material from which food is prepared, or the finished product, before
beginning work or after visiting toilets, shall wash their hands and arms
thoroughly with soap and clean water. (RSMo 1939 § 9892)

Prior revisions: 1929 § 13043; 1919 § 5689

No person or persons shall be allowed to live or sleep in any
room of a bakeshop, kitchen, dining room, confectionary or place where
food is prepared, served or sold. (RSMo 1939 § 9894)

Prior revisions: 1929 § 13045; 1919 § 5691

No employer shall require or permit a person, nor shall a person
work, affected with any disease in a communicable form or while a carrier
of such disease, to work in any building or vehicle occupied or used for
the production, preparation, manufacture, packing, storage, sale,
distribution, and transportation of food in any capacity which brings the
person into contact with the food. (RSMo 1939 § 9895, A.L. 1977 S.B. 262)

Prior revisions: 1929 § 13046; 1919 § 5692

The director of the department of health and senior services and
his assistants or agents by him appointed, the state, county, city and
town health officers shall have full power at any time to enter and
inspect every building, room, basement or cellar, occupied or used, or
suspected of being used, for the production for sale, manufacture for
sale, storage, sale, distribution or transportation of food and all
utensils, fixtures, furniture and machinery used as aforesaid, and if
upon inspection any food producing or distributing establishment,
conveyance, employer, operative, employee, clerk, driver or other person
is found to be violating any of the provisions of sections 196.190 to
196.265, or if the production, cooking, preparation, manufacture,
packing, storing, sale, distribution or transportation of food is being
conducted in a manner detrimental to the health of the employees and
operatives and the character or quality of the food therein being
produced, manufactured, packed, stored, sold, distributed or conveyed,
the officer or inspector, making the examination or inspection, shall
furnish evidence of said violation to the prosecuting attorney of the
county in which the violation occurs, and it shall be the duty of all
prosecuting attorneys to represent and prosecute, in behalf of the
people, when called upon by the director of the department of health and
senior services to do so, all such cases of offenses arising under the
provisions of sections 196.190 to 196.265. When complaint is made by the
said director of the department of health and senior services, security
for costs shall not be required of the complainant in any case at any
time of the prosecution or trial. (RSMo 1939 § 9896)

Prior revisions: 1929 § 13047; 1919 § 5693

Any person who violates any of the provisions of sections
196.190 to 196.230, shall be guilty of a misdemeanor, and, on conviction,
shall be punished for the first offense by a fine of not less than ten
dollars nor more than one hundred dollars, or be imprisoned in the county
jail not exceeding thirty days, or both, in the discretion of the court.
(RSMo 1939 § 9897)

Prior revisions: 1929 § 13048; 1919 § 5694

It shall be the duty of the director of the department of health
and senior services, and he is hereby authorized and empowered, to close
any market place, grocery store, general store, bakery, confectionery,
butcher shop, slaughterhouse, dining car, refrigerator car, cold storage
plant or warehouse, hotel dining room or kitchen, cafe, restaurant, lunch
counter, drug store, or any other place, or places, where articles or
commodities intended for human food, or for human consumption as
medicine, are manufactured, sold, stored or prepared for sale, or
wherever food and drink is served, where such places shall, in the
judgment of said director, constitute a menace to the public health, by
reason of dirt, filth, or other insanitary cause. (RSMo 1939 § 9898)

Prior revisions: 1929 § 13049; 1919 § 5695

Any order issued by the director of the department of health and
senior services for the closing of any place or places mentioned in
section 196.240, shall specify the cause or causes for which such order
was issued, and the time during which same shall be in effect. The
director shall revoke such order before the time specified therein for
its expiration; provided, that the cause for which such order was issued
is removed, and if the director is satisfied that such place or places
may be reopened without endangering the public health. (RSMo 1939 § 9899)

Prior revisions: 1929 § 13050; 1919 § 5696

The word "close", as used in sections 196.190 to 196.265, shall
be construed to mean a suspension of business, and it shall be unlawful
for the proprietor, manager, or person having charge of any place
mentioned in section 196.240 to transact any business in violation of any
order of the director of the department of health and senior services
closing same. (RSMo 1939 § 9901)

Prior revisions: 1929 § 13052; 1919 § 5698

Any person who shall fail, or refuse, to obey any order of the
director of the department of health and senior services to close any
place, or places, mentioned in section 196.240, or who shall exhibit or
expose for sale in any show window upon any sidewalk, any vegetables or
other articles or commodities whatsoever intended for human food, in
violation of any order of the director, or who shall, in any way, resist
or interfere with the director in the enforcement of sections 196.190 to
196.265, or any order of the director made pursuant to the authority of
this law, shall be deemed guilty of a misdemeanor. (RSMo 1939 § 9904)

Prior revisions: 1929 § 13055; 1919 § 5701

All establishments engaged in the manufacture of food or
distribution of foods to wholesale accounts may register with the
department of health and senior services as a food manufacturer or food
distributor. (L. 1977 S.B. 262 § 196.270)

All sales of foods which are not potentially hazardous foods, as
defined by regulation, sold by religious, charitable, or nonprofit
organizations at their religious events or at charitable functions and
activities shall be exempt from all state laws and regulations relating
to food inspection, pursuant to sections 196.190 to 196.271. (L. 2005
S.B. 355)

Unless otherwise indicated by the context, when used in sections
196.311 to 196.361:

(1) "Consumer" means any person who purchases eggs for his or her own
family use or consumption; or any restaurant, hotel, boardinghouse,
bakery, or other institution or concern which purchases eggs for serving
to guests or patrons thereof, or for its own use in cooking, baking, or
manufacturing their products;

(2) "Container" means any box, case, basket, carton, sack, bag, or other
receptacle. "Subcontainer" means any container when being used within
another container;

(3) "Dealer" means any person who purchases eggs from the producers
thereof, or another dealer, for the purpose of selling such eggs to
another dealer, a processor, or retailer;

(4) "Denatured" means eggs (a) made unfit for human food by treatment or
the addition of a foreign substance, or (b) with one-half or more of the
shell's surface covered by a permanent black, dark purple or dark blue
dye;

(5) "Director" means the director of the department of agriculture;

(6) "Eggs" means eggs in the shell from chickens;

(7) "Inedible eggs" means eggs which are defined as such in the rules and
regulations of the director adopted under sections 196.311 to 196.361,
which definition shall conform to the specifications adopted therefor by
the United States Department of Agriculture;

(8) "Person" means and includes any individual, firm, partnership,
exchange, association, trustee, receiver, corporation or any other
business organization, and any member, officer or employee thereof;

(9) "Processor" means any person engaged in breaking eggs or
manufacturing or processing egg liquids, whole egg meats, yolks, whites,
or any mixture of yolks and whites, with or without the addition of other
ingredients, whether chilled, frozen, condensed, concentrated, dried,
powdered or desiccated;

(10) "Retailer" means any person who sells eggs to a consumer;

(11) "Sell" means offer for sale, expose for sale, have in possession for
sale, exchange, barter, or trade. (L. 1955 p. 701 § 196.310)

No person shall buy, sell, trade or traffic in eggs in this
state without a license with the following exceptions:

(1) Those who sell only eggs produced by their own flocks, provided such
eggs are not sold at an established place of business away from the
premises of such producer;

(2) Hatcheries which purchase eggs used exclusively for hatching purposes;

(3) Hotels, restaurants, and other public eating places where all eggs
purchased are served in the establishment;

(4) Bakeries, confectioneries, and ice cream manufacturers purchasing
eggs for use and used only in the manufacture of their products. (L. 1955
p. 701 § 196.332)

1. All persons engaged in buying, selling, trading or
trafficking in, or processing eggs, except those listed in section
196.313, shall be required to be licensed under sections 196.311 to
196.361. Such persons shall file an annual application for such license
on forms to be prescribed by the director, and shall obtain an annual
license for each separate place of business from the director. The
following types of licenses shall be issued:

(1) A "retailer's license" shall be required of any person defined as a
retailer in section 196.311. A holder of a retailer's license shall not,
by virtue of such license, be permitted or authorized to buy eggs from
any person other than a licensed dealer, and any retailer desiring to buy
eggs from persons other than licensed dealers, shall obtain a dealer's
license in addition to a retailer's license.

(2) A "dealer's license" shall be required of any person defined as a
dealer in section 196.311. A holder of a dealer's license shall not, by
virtue of such license, be authorized or permitted to sell eggs to
consumers, and any dealer desiring to sell eggs to consumers shall obtain
a retailer's license in addition to a dealer's license.

(3) A "processor's license" shall be required of any person defined as a
processor in section 196.311. A holder of a processor's license shall
not, by virtue of such license, be authorized or permitted to sell eggs
in the shell to other persons, and any person desiring to sell eggs in
the shell to other persons, shall obtain a dealer's license in addition
to a processor's license.

2. The annual license fee shall be:

(1) Retailers .................................... $ 5.00

(2) Dealers--License fees for dealers shall be determined on the basis of
cases (30 dozen per case) of eggs sold in the shell in any one week, as
follows:

(a) 1 to 25 cases ................................ $ 5.00

(b) 26 to 50 cases ............................... 12.50

(c) 51 to 100 cases .............................. 25.00

(d) more than 100 cases .......................... 50.00

(3) Processors--License fees for processors shall be determined on the
basis of cases (30 dozen per case) of eggs, or the equivalent in liquid
or frozen eggs, processed in any one day, as follows:

(a) Less than 50 cases .......................... $ 25.00

(b) More than 50 and less than 250 cases ........ 50.00

(c) More than 250 and less than 1000 cases ...... 75.00

(d) More than 1000 cases ........................ 100.00

3. All licenses shall be conspicuously posted in the place of business to
which it applies. The license year shall be twelve months, or any
fraction thereof, beginning July first and ending June thirtieth.

4. No license shall be transferable, but it may be moved from one place
to another by the consent of the director.

5. All moneys received from license fees collected hereunder shall be
deposited in the state treasury to the credit of the agricultural fees
fund. (L. 1955 p. 701 § 196.335)

All persons licensed under the provisions of sections 196.311 to
196.361 shall keep records of purchases and sales of eggs, of the grades
of eggs bought and sold, and other related information necessary for the
proper enforcement of sections 196.311 to 196.361, in the manner and
form, and for such reasonable period of time, as may be prescribed by the
rules and regulations of the director. (L. 1955 p. 701 § 196.337)

The quality standards for grades of eggs, the size designation
and standards therefor by weight, and tolerances within grades, shall be
established by the director through the promulgation and issuance of
regulations; provided, the quality standards and designations, size
standards and designations, and tolerances within grades shall not be
lower than those established by the United States Department of
Agriculture. (L. 1955 p. 701 § 196.312)

1. Only eggs of the quality standard designated Grade "AA",
Grade "A", Grade "B", or Grade "C", shall be sold to any consumer by any
person.

2. Inedible eggs shall not be bought, sold or trafficked in and any
inedible eggs found in the hands of any person are declared to be
contraband and shall be destroyed as contraband. The director, by
regulation, may permit the sale and use of denatured inedible eggs for
purposes other than human food. (L. 1955 p. 701 §§ 196.315, 196.317)

Eggs, which have been graded as to quality and size for sale to
consumers, shall not be prepared, packed, placed, delivered for shipment
or sale, loaded, shipped, transported, or sold in bulk or in containers
or subcontainers:

(1) Unless each container and subcontainer of eggs is marked with the
full, correct and unabbreviated designation of size and quality of the
eggs therein, according to the standards established by the director,
together with the name and address of the producer, dealer, retailer, or
agent by or for whom the eggs were graded or marked;

(2) Unless all markings on any container which do not properly and
accurately apply to the eggs placed or packed therein have been removed,
erased or obliterated;

(3) Which are mislabeled by the placing or presence of any false,
deceptive or misleading mark, term, statement, design, device,
inscription, or any other designation, upon any eggs or upon any
container or subcontainer of eggs, or upon the label or lining or wrapper
thereof, or upon any placard or sign used in connection therewith, or in
connection with any bulk lot or display having reference to eggs;

(4) Which are deceptive by any arrangement of the contents of any
container, or subcontainer, or of any lot, load, or display, in which the
eggs in the outer layer or in any portion exposed to view are in quality,
size, condition, or in any other respect so superior to those in the
interior or unexposed portion as to materially misrepresent the contents
or any part thereof as to size, quality, condition, or any other respects;

(5) Unless designations of size and quality upon containers and
subcontainers of eggs shall be plainly and conspicuously marked in
boldface type letters on a contrasting background of (a) not less than
three-eighths of an inch in height on the outside top face of each
container holding less than fifteen dozen eggs, and (b) not less than two
inches in height on one outside end of any oblong container holding
fifteen dozen or more eggs, and on one outside side of any other
container holding fifteen dozen or more eggs. (L. 1955 p. 701 § 196.320)

No markings are required on containers or subcontainers of eggs:

(1) When sold at retail from a properly marked bulk display and packaged
in the presence of the purchaser for the immediate purpose of the sale;

(2) When sales are made without advertising, by the producer, from eggs
produced on his own premises and are not sold at an established place of
business away from premises of such producer;

(3) On containers of fifteen dozen or more eggs which contain properly
marked subcontainers. (L. 1955 p. 701 § 196.322)

Eggs shall not be sold to consumers, from bulk lots without
displaying a plainly legible sign or placard conspicuously placed and
posted in such a position as to clearly and accurately identify the eggs
designated thereby, marked with the full, correct and unabbreviated
designation of quality and size of such eggs in boldface type letters not
less than one inch in height, according to the standards established by
the director. (L. 1955 p. 701 § 196.325)

No person shall sell or represent eggs from any other species of
fowl as chicken eggs, or sell mixed eggs from more than one species of
fowl, or eggs from ducks, turkeys, geese, or any species of fowl other
than chickens, without marking the containers and subcontainers of such
eggs or otherwise indicating fully by sign, placard or other inscription
the species of fowl from which such eggs were produced. (L. 1955 p. 701 §
196.327)

No person shall advertise by sign, placard, or otherwise, the
price at which eggs are offered for sale without marking the full,
correct, and unabbreviated designation of size and quality of such eggs
on such advertisement, in conjunction with the price. Such designations
of size and quality shall be in boldface type or other conspicuous
letters, and at least one-half the size of the letters or figures used to
designate the price of such eggs. (L. 1955 p. 701 § 196.330)

Every dealer selling eggs to a retailer shall furnish an invoice
showing the size and quality of such eggs according to the standards
prescribed by sections 196.311 to 196.361 and by the rules and
regulations of the director. (L. 1955 p. 701 § 196.340)

The premises, plants and facilities operated and maintained by
egg processors shall be operated and maintained in a clean and sanitary
condition. The director shall adopt and promulgate rules and regulations
pursuant to this section and chapter 536, RSMo, establishing standards of
cleanliness and sanitation for such premises, plants and facilities, and
the director, or his authorized agents or representatives, are authorized
and empowered to inspect such premises, plants and facilities in order to
enforce such cleanliness and sanitation requirements. No rule or portion
of a rule promulgated under the authority of sections 196.311 to 196.361
shall become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo. (L. 1955 p. 701 § 196.342, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

The director, or his authorized agents or representatives, may
enter, during the regular business hours, any establishment where eggs
are bought, stored, sold, offered for sale, or processed, in order to
inspect and examine eggs, the products of eggs, egg containers, and the
premises, and to examine the records of such establishments relating
thereto. (L. 1955 p. 701 § 196.345)

The director, or his authorized agents or representatives, are
authorized and empowered to issue and enforce a written or printed
"Stop-Sale" order to the owner or custodian of any eggs which are found
to be in violation of any of the provisions of sections 196.311 to
196.361, or the rules or regulations adopted under the authority of
sections 196.311 to 196.361, which order shall prohibit the further sale
of such eggs until sections 196.311 to 196.361 have been complied with
and the owner or custodian shall have the right to take such steps as may
be possible to bring the eggs into compliance, such as regrading or
relabeling, and, provided that in respect to eggs that have been denied
sale as provided in sections 196.311 to 196.361, the owner or custodian
of such eggs shall have the right to appeal from such order to the
circuit court of the county or city in which the eggs are located,
praying for a judgment as to the justification of such order and for the
discharge of such eggs from the order prohibiting the sale in accordance
with the findings of the court. (L. 1955 p. 701 § 196.347, A.L. 1978 H.B.
1634)

Effective 1-2-79

Any eggs found in the possession of an owner or custodian and
not in compliance with the provisions of sections 196.311 to 196.361, or
the rules or regulations adopted hereunder, shall be subject to seizure
upon complaint of the director to the circuit court of the county or city
in which such eggs are located. Such seizure shall not be made until the
owner or custodian of the eggs has been given forty-eight hours from the
time of a "Stop-Sale" order to bring the eggs into compliance with
sections 196.311 to 196.361, or the rules and regulations adopted
hereunder. In the event the court finds that the eggs do not comply with
sections 196.311 to 196.361, or the rules and regulations adopted
hereunder, it shall order the condemnation thereof, and the eggs shall be
denatured, processed, destroyed, regraded, relabeled, or otherwise
disposed of by the court. (L. 1955 p. 701 § 196.350, A.L. 1978 H.B. 1634)

Effective 1-2-79

The director is hereby authorized and empowered to suspend or
revoke the license of any dealer, processor, or retailer, or to refuse to
issue a license to any applicant therefor if the director, after a public
hearing, has found that such dealer, processor, retailer, or applicant
for a license, has violated any of the provisions of sections 196.311 to
196.361, or the rules and regulations adopted hereunder. Any such dealer,
processor, retailer, or applicant shall have full rights to have counsel,
to produce witnesses in his behalf at such hearing, and to have ten days'
notice in writing of the date, time and place of such hearing, and the
charges and grounds upon which his license is sought to be revoked or
suspended, or to be refused a license. The order of suspension,
revocation, or refusal to issue a license, shall not become final until
ten days after the date thereof, and after the party to the proceeding
has been notified in writing of the action of the director. Any party to
the proceedings that is aggrieved by any final decision or order of the
director, may appeal such order in the manner provided for such appeals
in the Administrative Procedure Act of Missouri (Chapter 536). (L. 1955
p. 701 § 196.352)

The duty of enforcing sections 196.311 to 196.361 is vested in
the director who shall adopt and promulgate such rules and regulations as
are necessary to secure the enforcement of and carry out the provisions
of sections 196.311 to 196.361. No rule or portion of a rule promulgated
under the authority of this section shall become effective unless it has
been promulgated pursuant to the provisions of section 536.024, RSMo. (L.
1955 p. 701 § 196.355, A.L. 1995 S.B. 3)

In addition to the remedies provided for in sections 196.311 to
196.361 or by law, the prosecuting attorney of any county in which a
violation of any provision of sections 196.311 to 196.361 occurs or the
attorney general of the state, is hereby authorized to apply to any court
of competent jurisdiction for, and such court shall have jurisdiction
upon hearing and for cause shown to grant, a temporary or permanent
injunction to restrain any person from violating any provision of
sections 196.311 to 196.361. (L. 1955 p. 701)

Any person who violates any of the provisions of sections
196.311 to 196.361 shall, upon conviction, be deemed guilty of a
misdemeanor. (L. 1955 p. 701 § 196.360)

When used in sections 196.450 to 196.515, unless the context
otherwise requires:

(1) "Chill room" means a room or space in a locker plant, artificially
cooled, provided for the temporary holding or storage of food prior to
its processing or freezing for storage;

(2) "Cutting or processing room" means a separate room or space in a
locker plant in which food products are prepared for quick or sharp
freezing;

(3) "Department" means department of agriculture of the state of Missouri;

(4) "Director" means the director of the department of agriculture of the
state of Missouri;

(5) "Food" means all articles used for food, drink, confectionery or
condiment by man, whether simple, mixed or compound, and any substance
used as a constituent in the manufacture thereof;

(6) "Locker" means the individual sections or compartments of a capacity
of not to exceed fifty cubic feet, in the locker room of a locker plant;

(7) "Locker plant" means a location or establishment in which space in
individual lockers is rented for the storage of food;

(8) "Locker room" means that space or room in a locker plant which
contains individual lockers or compartments which are for rent for the
storage of frozen food;

(9) "Operator" means any person, copartnership, firm or corporation
operating or maintaining a locker plant;

(10) "Quick or sharp freeze" means the freezing of food in a room in
which the temperature is zero or lower;

(11) "Quick or sharp freezing room" means that space in a locker plant in
which food is quick or sharp frozen prior to storage in lockers;

(12) "Quick or sharp frozen" means the condition of food which has been
thoroughly frozen in a quick or sharp freezing room;

(13) "Temperature" means degrees shown on Fahrenheit thermometer. (L.
1945 p. 940 § 1)

It shall be unlawful for any person, firm, copartnership or
corporation to operate a locker plant in this state unless such person,
firm, copartnership or corporation has secured an annual license therefor
from the department. A separate license shall be secured for each locker
plant. The application for such license shall be in writing on forms
prescribed and furnished by the department. A license issued for a locker
shall be transferable upon written permission of the director. (L. 1945
p. 940 § 2, A. 1949 S.B. 1053)

Upon receipt of the application for a license accompanied by the
required fee, the department shall inspect the plant to be licensed and
if it finds that such plant complies with the provisions of law, the
department shall issue such license. The persons designated by the
department to make such inspection shall be persons having practical
knowledge of the operation of cold storage plants and the storage of food
therein, and shall be thoroughly familiar with the provisions of the law
applicable to locker plants and the applicable rules and regulations of
the department. The department shall inspect all locker plants licensed
under sections 196.450 to 196.515 at least once each six months, and may
make such additional inspections as the department deems necessary. The
department and its representatives shall have access to locker plants at
all reasonable times for the purpose of making inspections. (L. 1945 p.
940 § 4)

The license issued under sections 196.450 to 196.515 shall be in
such form as the department may prescribe. Licenses shall expire December
thirty-first following date of issue. All licenses must be conspicuously
displayed by the licensee in locker plants. (L. 1945 p. 940 § 5)

1. Any plant using a toxic gas refrigerant shall have at least
one gas mask of a type approved by the department and shall keep the same
where it will be readily accessible.

2. An alarm bell or buzzer provided with a suitable button shall be
placed just inside the door of each locker room in a conspicuous place.
Illumination shall be provided in the locker room at all times while open
to the public, the switch operating same shall be accessible only to the
operator. (L. 1945 p. 940 § 6)

No locker plant shall be licensed if located in insanitary,
unclean or contaminating surroundings which might endanger public health,
and all rooms and equipment of a locker plant shall at all times be
maintained in a clean and sanitary condition consistent with the purpose
for which such rooms and equipment are used. Locker plants shall have
ample and sanitary water and toilet facilities. All employees handling
food shall have an approved health certificate. (L. 1945 p. 940 § 7)

1. The refrigeration system for a locker plant shall be equipped
with accurate and reliable controls for the automatic maintenance of
uniform temperatures, provided this shall not apply to locker plants
having constant temperature supervision.

2. Temperatures shall be maintained in the respective rooms as follows:

(1) Chill room, temperatures within two degrees plus or minus of
thirty-seven degrees or lower with a tolerance of ten degrees for a
reasonable time after fresh food is placed in the chill room;

(2) Quick or sharp freeze room--quick or sharp freeze compartments:
Temperatures of ten degrees below zero or lower in rooms where still air
cooling is employed and temperatures of zero degrees or lower in rooms
where forced air circulation is employed, with a tolerance of ten degrees
for either type of installation for a reasonable time after putting fresh
food into the freezer;

(3) Locker room, temperatures of zero degrees or lower, with a tolerance
of five degrees above zero degrees.

3. The locker room shall be equipped with a self-registering, accurate
recording thermometer. Chill room and sharp freeze room shall be equipped
with an accurate, direct reading thermometer.

4. Thermometer charts shall be available for inspection at the locker
plant by agents of the commission and shall be preserved for at least a
period of one year from date of recording. (L. 1945 p. 940 § 8)

All food, before being placed in a locker shall be quick or
sharp frozen in a quick or sharp freeze room, unless the locker room
temperature is maintained at not more than the maximum temperature
required by sections 196.450 to 196.515 for a quick or sharp freeze room.
No food shall be placed in a locker unless previously inspected by the
operator and each portion shall be wrapped and be marked or stamped
showing contents, correct locker number and date of wrapping. All fruits
and vegetables shall be prepared by an approved method before being quick
or sharp frozen. (L. 1945 p. 940 § 9)

Every operator of a locker plant shall keep an accurate record
of the name and address of the user of each locker. (L. 1945 p. 940 § 11)

If requested by the user, the locker plant operator shall supply
the person delivering the carcass or parts of carcasses an accurate and
complete report showing the carcass weight at time of delivery, and
disposition of carcass, including the quantity used for sausage or other
meat products. Likewise, the operator shall supply a complete and
accurate record showing the weights and quantity of any fruits or
vegetables received and the size and number of containers of finished
products packed. (L. 1945 p. 940 § 12)

Any food not intended for human consumption, if acceptable by
the operator for storage, may be stored in the chill room, sharp freeze
room or locker room of any locker plant only when such items of animal or
vegetable matter have been inspected and approved by the representatives
of the Bureau of Animal Industry of the United States Department of
Agriculture or a representative of the department of agriculture of this
state. Such food not intended for human consumption also shall bear a
label or tag showing plainly and conspicuously in letters not less than
three-eighths of an inch in height the words:

"NOT FOR HUMAN CONSUMPTION." (L. 1945 p. 940 § 13)

1. Every operator shall have a lien upon all property of every
kind stored in the locker plant for all locker rentals, processing,
handling, and other charges due from owner of such property; and the
locker plant operator may enforce the lien by suit and shall have
authority to prevent removal of food stored pending the outcome of suit
to enforce said lien. Operators of locker plants shall not be construed
to be warehousemen, nor shall receipts or other instruments issued by
such persons in the operation contracts of their business be construed to
be warehouse receipts or subject to the laws applicable thereto, nor
shall the provisions of sections 196.450 to 196.515 apply to any
warehouseman licensed under the provisions of chapter 415, RSMo.

2. The operators of all locker plants shall furnish satisfactory locker
content insurance to indemnify users against loss, issued by companies
duly authorized and licensed to do and transact business in the state of
Missouri, in a minimum amount for each locker or locker plant to be
determined by the director; provided, however, that such operator may,
and is hereby authorized to, collect the pro rata amount of the premium
for such insurance from the user in addition to the locker rental as an
additional service. (L. 1945 p. 940 § 14)

(1964) Renters of locker space could not maintain class action of all
renters for value of food spoiled when refrigeration system failed where
plaintiffs did not introduce the alleged policy whose proceeds were
claimed to constitute a common fund, or plead or prove its terms and
conditions, and where insurance company was not a party and denied
liability on the policy. (Opinion in Barnard v. Murphy, 365 S.W.2d 614,
reconsidered and withdrawn.) Barnard v. Murphy (Mo.), 378 S.W.2d 446.

1. Failure on the part of any locker plant operator to properly
comply with the provisions of sections 196.450 to 196.515 shall authorize
and empower the director to refuse to license or to revoke or suspend any
license of the offending operator.

2. Injunction may issue by any court of competent jurisdiction to enforce
the provisions hereof. (L. 1945 p. 940 § 16)

Sections 196.520 to 196.610 shall be known as "The Missouri
Manufacturing Milk and Dairy Market Testing Law". (RSMo 1939 § 14097,
A.L. 1981 H.B. 52)

Definitions, terminology, and standards of identity provided in
Title 7, Code of Federal Regulations, Agriculture, Part 2858, subpart A-V
and Title 21, Code of Federal Regulations, Food and Drugs, Parts 131 and
133, shall have precedence unless further defined herein. Additions and
exceptions to the definitions contained therein shall include:

(1) "Agent" means any duly authorized representative of the Missouri
department of agriculture under the authority of the director;

(2) "Bulk milk truck operator" means any qualified individual who, as
operator of a bulk milk transportation vehicle, is licensed by the
department to make organoleptic inspection, and to sample and test milk
as it is collected from dairy farm bulk milk cooling tanks;

(3) "Dairy farm" means any place or premises where one or more cows or
goats are kept, and from which a part or all of the milk or milk products
are provided, sold or offered for sale to a milk plant, transfer station
or receiving station for manufacturing purposes;

(4) "Dairy manufacturing plant" means any processing or manufacturing
plant utilizing milk, or a major ingredient thereof, in the production of
products for human consumption. The items pertaining to ice cream and
frozen dessert products manufacturing plants regulated by the department
of health and senior services contained in sections 196.851 to 196.918,
and pertaining to grade "A" fluid milk plants regulated by the state milk
board contained in sections 196.931 to 196.959 are exempt from this
definition;

(5) "Dairy product" means any product or by-product which has as its
precursor milk or an ingredient exclusive to milk, with the exception of
products or by-products which are subject to the provisions of sections
196.851 to 196.918, relating to ice cream and frozen food products, and
sections 196.931 to 196.959, as regulated by the state milk board;

(6) "Department" or "department of agriculture" means the department of
agriculture of the state of Missouri;

(7) "Director" means the ranking authority or administrator of the
department of agriculture, or the representative or agent of the director;

(8) "Department of health and senior services" means the department of
health and senior services of the state of Missouri;

(9) "Fieldman" means any qualified person who is duly authorized as a
field representative of a processing or manufacturing plant or producer
cooperative, whose responsibilities include procurement and quality
control, and who is duly licensed by the department;

(10) "Grader" means any qualified individual licensed by the department
to sample, test and grade milk or cream;

(11) "Manufacturing milk" is all milk and cream produced and made
available for market that is not under the inspection supervision of the
Missouri state milk board as it administers sections 196.931 to 196.959;

(12) "Person" shall mean any individual, plant operator, partnership,
corporation, company, firm, trustee, association or institution;

(13) "Producer" means one who milks or supervises the milking of one or
more cows or goats, and is legally entitled to market the production
therefrom;

(14) "Receiving plant or station" means the delivery point for milk and
cream collected from, or delivered by, one or more producers;

(15) "Regulations" means the rules and official orders authorized and
promulgated by the director of agriculture according to the provisions of
chapter 536, RSMo, in accordance with the provisions of sections 196.520
to 196.610, along with other regulations of state and federal agencies;

(16) "State milk board" means the board created by section 196.941, and
authorized to administer the provisions of sections 196.931 to 196.959;

(17) "Test or analysis" means the inclusion of prescribed sampling,
sample preservation and preparation with appropriate analytical procedure
to reach the desired objective; such procedures shall be used as are set
forth in the latest editions of the "Official Methods of Analysis of the
Association of Official Analytical Chemists" and the "Standard Methods
for the Examination of Dairy Products". (RSMo 1939 § 14098, A.L. 1945 p.
83, A.L. 1959 H.B. 126, A.L. 1967 p. 287, A.L. 1981 H.B. 52)

It shall be the responsibility of the state milk board** to
encourage orderly and sanitary production, transportation, processing and
grading of manufactured milk and its products, to assure wholesome,
stable, and high-quality dairy products; and to provide the basis for
measuring, weighing and testing all milk, including grade "A" fluid milk
and manufacturing milk, to determine its value at first point of sale.
(L. 1981 H.B. 52)

*No continuity with § 196.527 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

The standards of quality and purity associated with healthful
and wholesome milk and dairy products shall be maintained for
manufactured dairy products. All regulations adopted shall be equal or
superior to those of the United States Department of Agriculture, "Milk
for Manufacturing Purposes and Its Production and Processing Recommended
Requirements", as published in the Federal Register of April 7, 1972,
Volume 37, Number 68, Part II, or the latest revision thereof. (RSMo 1939
§ 14099, A.L. 1945 p. 83, A.L. 1981 H.B. 52)

1. The state milk board** shall administer the provisions of
sections 196.520 to 196.610, and is hereby authorized to:

(1) Promulgate those regulations necessary to fulfill the intent of
sections 196.520 to 196.610 as related to the production, transportation,
grading, use and processing of manufacturing milk; to the packaging,
labeling and storage of dairy products made therefrom; and to the
measuring, weighing, sampling and testing of all milk, grade "A" fluid
milk and manufacturing milk, at first point of sale; provided, such
regulations are promulgated according to the provisions of this section
and chapter 536, RSMo;

(2) Inspect manufacturing dairy farms and dairy manufacturing plants;

(3) Certify dairy farms for the production and sale of manufacturing milk;

(4) License dairy manufacturing plants to handle and process
manufacturing milk in conformity with basic requirements and
specifications prescribed by such regulations as may be issued hereunder
in effectuation of the intent hereof;

(5) Inspect and license laboratories involved in market testing of milk
at first point of sale;

(6) Require the keeping of appropriate books and records by plants,
farms, and laboratories licensed hereunder; and

(7) License qualified milk graders, fieldmen, and bulk milk truck
operators.

2. No rule or portion of a rule promulgated under the authority of
sections 196.520 to 196.614 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.

3. Exempt from the provisions of sections 196.520 to 196.610 shall be ice
cream and frozen desserts which are under the authority of the department
of health and senior services, which administers sections 196.851 to
196.918***; and grade "A" fluid milk products, which are under the
authority of the state milk board pursuant to sections 196.931 to
196.959. (L. 1981 H.B. 52, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

*No continuity with § 196.540 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

***Section 196.918 was repealed by S.B. 707 § 1, 1980.

The state milk board* shall establish the fees for all licenses
by regulation promulgated in accordance with chapter 536, RSMo. (L. 1981
H.B. 52)

*See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

It shall be unlawful to sell, offer or expose for sale, or
deliver manufacturing milk or any dairy products made from manufacturing
milk which:

(1) Are produced by animals afflicted with a contagious or infectious
disease deleterious to man or detrimental to milk quality;

(2) Are not colostrum free or which have been taken from a cow fed or in
contact with any substance that is unhealthful or that may produce
unhealthful, impure or unwholesome milk;

(3) Are adulterated by the addition of any unauthorized substance
including water or other material foreign to milk;

(4) Have been handled by any person afflicted with an infectious or
contagious disease; or

(5) Are produced in unhealthy or unsanitary surroundings or held in
unclean or unsanitary containers. (RSMo 1939 § 14102, A.L. 1981 H.B. 52)

Whenever milk or cream, whether it be grade "A" fluid or of
manufacturing grade, is bought or sold, market tests conforming to
sampling and testing procedures as prescribed by the most recent edition
of the "Official Methods of Analysis of the Association of Official
Analytical Chemists" and the "Standard Method for the Examination of
Dairy Products" shall be used to determine the desired component content.
It shall be unlawful for any person to manipulate, underread, or overread
the test, or any other contrivance for determining the quality or value
of milk or cream, or to falsify or fail to keep the record thereof, or to
pay for such milk or cream on other than the true measurement, grade,
weight and test; provided that, any person selling milk or cream who is
dissatisfied with the grade or test designated for his milk or cream
shall be entitled to receive pay for such milk or cream on the grade or
test as made and reported to him without waiving his right to protest the
accuracy thereof. Such seller shall have the right to have his milk or
cream officially graded or tested under a procedure whereby he and the
buyer thereof jointly take a sample of such milk or cream and submit such
sample to an appropriate laboratory chosen by the director. The results
of the test conducted shall be final and either the buyer or the seller
shall be entitled to receive any financial adjustment due him on the
basis of the test made as provided in this section. (L. 1981 H.B. 52)

*No continuity with § 196.550 shown repealed by L. 1981 H.B. 52.

The state milk board** shall have access to all dairy farms
producing manufacturing milk, dairy manufacturing plants and dairy
receiving stations; to all equipment; and to all vehicular conveyances
used in the production, transportation and manufacture of milk and its
products when offered, exposed for sale or sold; and to locations where
market sampling, measuring, weighing, or testing is done for the first
point of sale. (L. 1981 H.B. 52)

*No continuity with § 196.555 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

Persons engaged in the purchase and sale of milk for
manufacturing and processing shall keep receipts of sale and records of
all such purchases of milk and cream for a period of at least one year.
Records of such purchases shall include date received, weight, results of
all tests to determine value or grade, and price paid. The state milk
board** shall have access to these records all of which shall be kept
confidential as to individual items or totals of an individual person or
plant. (L. 1981 H.B. 52)

*No continuity with § 196.560 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

The state milk board may, for the purpose of examination or
testing for the enforcement of this law, procure at any time samples of
milk or its products whether produced within this state or shipped into
and offered, exposed for sale or sold in the state. Any samples taken
shall be carefully sealed and labeled with the name, or brand name; the
name and address of the owner from whose stock it was taken; the date and
place where the sample was obtained; and bear the signature of the person
taking the sample. Upon request a duplicate sample sealed and labeled in
the same manner shall be delivered to the owner or owner's
representative. (L. 1981 H.B. 52)

*No continuity with § 196.565 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

The state milk board** or its agent is authorized to condemn any
illegal manufactured dairy product as defined in section 196.545, which
is offered, exposed for sale, or sold for human food purposes, and shall
identify same as an unlawful product. It shall be unlawful to remove or
deface any identification placed upon the container of a condemned milk
supply or upon a condemned product. A harmless food coloring may be used
to identify a supply of illegal milk. (L. 1981 H. B. 52)

*No continuity with § 196.570 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

Any articles found in the possession of any person which are not
identified as to the name and address of the manufacturer, the name of
the product, and the list of ingredients, as required for specific
product identity, may be seized and held until properly graded and
labeled. (L. 1981 H.B. 52)

*No continuity with § 196.575 shown repealed by L. 1981 H.B. 52.

Any condemned or seized milk or dairy products shall be released
to the owner upon determination of satisfactory grade and identification,
upon assurance that such products will not be used for human food, or
upon their destruction by the owner under the supervision of the
director. (L. 1981 H.B. 52)

*No continuity with § 196.580 shown repealed by L. 1981 H.B. 52.

It is unlawful for any person to hinder, obstruct or in any
manner interfere with the state milk board** in the performance of
inspection or any other duty under sections 196.520 to 196.610. (L. 1981
H.B. 52)

*No continuity with § 196.585 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

The state milk board** may for good cause, after notice and
opportunity for hearing in accordance with the provisions of chapter 536,
RSMo, suspend or revoke certifications and licenses issued hereunder;
provided, that nothing in sections 196.520 to 196.610 shall be construed
to prevent the temporary suspension of the operation of any production or
manufacturing facility prior to a hearing when such action is necessary
to stop the production, distribution, purchase or sale of illegal milk or
illegal dairy products. (L. 1981 H.B. 52)

*No continuity with § 196.590 shown repealed by L. 1981 H.B. 52.

**See Reorganization Plan No. 5 of 1982 on file with the Secretary of
State.

Beginning September 28, 1981, no person shall produce, sell,
offer for sale or process milk or cream for the manufacture of human food
except in accordance with the provisions of sections 196.520 to 196.610
and the regulations promulgated hereunder. (L. 1981 H.B. 52)

*No continuity with § 196.595 shown repealed by L. 1981 H.B. 52.

1. Any person who violates any provision of sections 196.520 to
196.610 shall, upon conviction, be guilty of an infraction.

2. Any person who knowingly violates any provision of sections 196.520 to
196.610 shall, upon conviction, be guilty of a class A misdemeanor.

3. Nothing in sections 196.520 to 196.610 shall be so construed as to
prohibit any dairy farmer who holds a valid permit at the inception of
sections 196.520 to 196.610 to produce and sell manufactured grade milk.
(L. 1981 H.B. 52)

*No continuity with § 196.610 shown repealed by L. 1981 H.B. 52.

The state milk board may contract with the United States
Department of Agriculture regarding the inspection of manufacturing milk
plants, the grading of product, or both. Fees paid to the board from the
department for inspection or grading services are to be set forth by
contractual agreement and paid according to the board's performance of
the required inspections as stipulated by the Federal Register
guidelines. (L. 1985 H.B. 291 § 1)

1. All moneys received by the state milk board from the United
States Department of Agriculture for contracted manufacturing dairy plant
inspection or grading shall be deposited in the state treasury and
credited to the "State Contracted Manufacturing Dairy Plant Inspection
and Grading Fee Fund", which is hereby established, subject to
appropriations by the general assembly. Amounts appropriated to the fund
shall be paid to the state milk board and used exclusively for the
purpose of defraying the cost of the contracted manufacturing milk
inspection and grading program. All interest generated by the fund shall
be credited to the fund.

2. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, any unexpended balance remaining in the fund shall not be
transferred or placed to the credit of the ordinary revenue fund of the
state by the state treasurer at the end of each biennium. (L. 1985 H.B.
291 §§ 2, 3)

The term "filled milk" means any milk, cream or skim milk,
whether or not condensed, evaporated, concentrated, powdered, dried or
desiccated, to which has been added, or which has been blended or
compounded with, any fat or oil other than milk fat, so that the
resulting product is in imitation or semblance of milk, cream or skim
milk, whether or not condensed, evaporated, concentrated, powdered, dried
or desiccated, which has been melted or refined by heating, boiling or
mixing; provided, that the above definition shall not include any
distinctive proprietary food compound, not readily mistaken in tests for
milk or cream, or for evaporated, condensed or powdered milk or cream;
provided, however, that such compound is prepared and designed for
feeding infants and young children and customarily used on the order of a
physician; is packed in individual cans containing not more than sixteen
and one-half ounces and bearing the label in bold type, that the contents
are to be used only for said purposes; is shipped in interstate or
foreign commerce exclusively to physicians, wholesale or retail
druggists, orphan asylums, child welfare associations, hospitals and
similar institutions and generally distributed by them. (RSMo 1939 §
14062)

Prior revision: 1929 § 12409

The term "emulsified cream" means any milk, cream or skimmed
milk, whether or not condensed, evaporated, concentrated, powdered, dried
or desiccated, to which has been added that which is commonly known as
process butter, or butter which has been clarified or refined by heating,
boiling or by mixing under pressure, or otherwise, so that the resulting
product is in imitation or semblance of pure cream arising from pure
fresh milk. (RSMo 1939 § 14063)

Prior revision: 1929 § 12410

It shall be unlawful for any person, firm or corporation, by
himself or itself, his or its agent or servant, or as the servant or as
agent of another to manufacture, sell or exchange, or have in possession
with the intent to sell or exchange, any milk, cream, emulsified cream,
skim milk, buttermilk, condensed or evaporated milk, powdered milk,
condensed skim milk, or any of the fluid derivatives thereof, or any of
them, to which has been added any fat or oil other than milk fat, either
under the name of said product or articles or the derivatives thereof, or
under any fictitious or trade name whatsoever. (RSMo 1939 § 14061)

Prior revision: 1929 § 12408

It shall be unlawful to use the article known as emulsified
cream in milk, or in any milk product, or any purpose whatsoever. It is
hereby declared that filled milk, and emulsified cream as herein defined,
are adulterated articles of food injurious to the public health and its
sale constitutes a fraud upon the public. It shall be unlawful for any
person, firm or corporation to manufacture or ship or deliver to any
person within this state any filled milk or emulsified cream. (RSMo 1939
§ 14064)

Prior revision: 1929 § 12411

(1940) This section forbids sale of filled milk only if the resulting
product is in imitation or semblance of milk, cream or skim milk. Thus
wholesome and nutritious product under label stating nature of product
and that it is "not to be sold for evaporated milk" may be sold without
violating this section. State ex rel. McKittrick v. Carolene Products
Co., 346 Mo. 1049, 144 S.W.2d 153.

Any person violating any provision of sections 196.695 to
196.710 shall be deemed guilty of a misdemeanor. When construing and
enforcing the provisions of sections 196.695 to 196.710, the act,
omission, or failure of any person acting for or employed by any
individual, partnership or corporation, or association, within the scope
of his employment or office, shall in every case be deemed the violation
of sections 196.695 to 196.710, by such individual, partnership,
corporation, or association, as well as the act of such person. (RSMo
1939 § 14065, A.L. 1945 p. 98)

Prior revision: 1929 § 12412

It shall be unlawful for any person, firm or corporation to use
in any way, in connection or association with the sale, or exposure for
sale, or advertisement of any substance designed to be used as a
substitute for butter, the word "butter", "creamery", or "dairy", except
as otherwise required by the laws of this state; or the name or
representation of any breed of dairy cattle, or any combination of such
word, or words and representation, or any other words or symbols, or
combination thereof, commonly used in the sale of butter. (RSMo 1939 §
14067)

Prior revision: 1929 § 12414

Any person who violates any of the provisions of section 196.725
is guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine of not less than fifty dollars nor more than one hundred
dollars, or by imprisonment in the county jail for a term of not less
than sixty days nor more than one year, or by both such fine and
imprisonment. (RSMo 1939 § 14068, A.L. 1965 p. 327)

Prior revision: 1929 § 12415

No person or persons, corporation, company or other association
or congregation of individuals shall manufacture, sell or offer for sale,
directly or indirectly, at retail or at wholesale in this state any
article to be known or denominated cheese, not made from pure cream or
unskimmed milk or cream of the milk, unless such person, or persons,
corporation, company or association of individuals manufacturing the
same, or offering the same for sale, or selling the same, shall brand or
label such cheese or articles so offered for sale denominated a cheese,
with black letters not less than one inch in length in a conspicuous
place and of large size in the English language as follows: "Skimmed milk
cheese", or with the words "not full cream cheese", giving the true name
of such article called cheese so manufactured or offered for sale,
clearly and indelibly branded, marked or labeled thereon, so that the
same can be distinctly read and fully comprehended, at all stores or
places or factories where the same may be offered for sale. (RSMo 1939 §
14069)

Prior revisions: 1929 § 12418; 1919 § 11989; 1909 § 643

No person by himself or another shall ship, consign or forward
by any common carrier, whether public or private, any substance designed
to be used as cheese, not made from pure, unskimmed milk or cream of the
same, testing at least three percent butterfat, unless such cheese is
marked or labeled "skimmed milk cheese", or with the words "not full
cream cheese", labeled thereon, or labeled as prescribed in sections
196.695 to 196.845. (RSMo 1939 § 14070)

Prior revisions: 1929 § 12420; 1919 § 11991; 1909 § 646

For the purpose of sections 196.750 to 196.810, every article,
substitute or compound, other than that produced from pure milk, or cream
from the same, made in the semblance of butter and designed to be used as
a substitute for butter made from pure milk, or cream from the same, is
hereby declared to be "imitation butter". (RSMo 1939 § 14072)

Prior revisions: 1929 § 12433; 1919 § 12004; 1909 § 650

1. No person shall combine any animal fat or vegetable oil or
other substance with butter, or combine therewith or with animal fat or
vegetable oil or combination of the two, or with either one, any other
substance or substances whatever, any annatto or compound of the same, or
any other substance or substances, for the purpose or with the effect of
imparting thereto a yellow color, or any shade of yellow, so that such
substitute shall resemble yellow or any shade of genuine yellow butter,
nor introduce any such coloring matter or such substance or substances
into any of the articles of which the same is composed; provided, nothing
in said sections 196.750 to 196.810 shall be construed to prohibit the
use of salt and harmless coloring matter for coloring the substitutes for
butter manufactured for export or sale outside the state.

2. No person shall, by himself, his agents or employees, produce or
manufacture any substance in imitation or semblance of natural butter,
nor sell, nor keep for sale, nor offer for sale, any imitation butter
made or manufactured, compounded or produced in violation of this
section, whether such imitation butter shall be made or produced in this
state or elsewhere.

3. This section shall not be construed to prohibit the manufacture and
sale, under the regulations herein provided, of substances designed to be
used as a substitute for butter, and not manufactured or colored as
herein prohibited. (RSMo 1939 § 14073)

Prior revisions: 1929 § 12434; 1919 § 12005; 1909 § 651

Every person who lawfully manufactures any substance designed to
be used as a substitute for butter shall mark, by branding, stamping or
stenciling upon the top and side of each tub, firkin, box or other
package in which such article shall be kept, and in which it shall be
removed from the place where it is produced, in a clean and durable
manner, in the English language, the words, "substitute for butter", in
printed letters, in plain roman type, each of which shall not be less
than one inch in length and one-half inch in width. (RSMo 1939 § 14074)

Prior revisions: 1929 § 12435; 1919 § 12006; 1909 § 652

No person, by himself, or another, shall ship, consign or
forward by any common carrier, whether public or private, any substance
designed to be used as a substitute for butter, and no carrier shall
knowingly receive the same for the purpose of forwarding or transporting,
unless it shall be manufactured and marked as provided in section
196.760, and unless it be consigned by the carrier and receipted for by
its true name; provided, that said sections 196.750 to 196.810 shall not
apply to any goods in transit between foreign states across the state of
Missouri. (RSMo 1939 § 14075)

Prior revisions: 1929 § 12436; 1919 § 12007; 1909 § 653

No person shall mix oleomargarine, suine, butterine, beef fat,
lard or other foreign substance with any butter or cheese intended for
human food without distinctly marking or stamping or labeling the article
or package containing the same with the true and appropriate name of such
article, and the percentage in which such oleomargarine or other such
substance enters into its composition. Every person offering for sale
must inform the purchaser of contents and makeup of article. Whoever
shall violate the provisions of this section shall be punished as
provided for by section 196.790. (RSMo 1939 § 14076)

Prior revisions: 1929 § 12437; 1919 § 12008; 1909 § 654

No person, firm or corporation, agent or employee shall sell,
offer or expose for sale, or deliver to any purchaser, any boiled,
process or renovated butter, unless the words "renovated butter" shall be
plainly branded in bold face letters, at least three-fourths of an inch
in length, on the top and side of each tub, or box or pail, or other kind
of case or package, or on the wrapper or prints or rolls of bulk packages
in which it is put up. If such butter is exposed for sale uncovered or
not in a case or package, a placard containing a label so printed shall
be attached to the mass of butter in such a manner as to be easily seen
and read by the purchaser. The branding or marking of all packages shall
be in the English language and in a conspicuous place, so as to be easily
read by the purchaser. Whoever shall violate the provisions of this
section shall be punished as provided for by section 196.790. (RSMo 1939
§ 14077)

Prior revisions: 1929 § 12438; 1919 § 12009; 1909 § 655

No person shall have in his possession or under his control, any
substance designed to be used as a substitute for butter, unless the tub,
firkin, box or other package containing the same be clearly and durably
marked, as provided by section 196.765; provided, that this section shall
not be deemed to apply to persons who have the same in their possession
for the actual consumption of themselves and family. Every person having
in possession or control any substance designed to be used as a
substitute for butter, which is not marked as required by the provisions
of sections 196.750 to 196.810, shall be presumed to have known, during
the time of such possession or control, the true character and name, as
fixed by said sections of such product. (RSMo 1939 § 14078)

Prior revisions: 1929 § 12439; 1919 § 12010; 1909 § 656

No person, by himself or another, shall sell or offer for sale
any substance designed to be used for a substitute for butter under the
name of or under the pretense that the same is butter. (RSMo 1939 § 14079)

Prior revisions: 1929 § 12440; 1919 § 12011; 1909 § 657

Every person, firm or corporation who shall violate any of the
provisions of sections 196.755 to 196.765, 196.780 and 196.785, shall
forfeit and pay to the state of Missouri, for the use of the school fund
for every such violation, the sum of fifty dollars and costs of suit, to
be recovered by civil action in the name of the state of Missouri on the
relation of any person having knowledge of the facts before an associate
circuit judge, or circuit judge assigned to hear the cause, of the city
or county where such violation occurs, subject to the right of an
application for trial de novo or appeal, as the case may be, as in other
civil cases; and it is further enacted that every person, firm or
corporation who shall violate the provisions of sections 196.750 to
196.810, in addition to the civil liability to the state of Missouri
herein provided, shall be deemed guilty of a misdemeanor, and shall for
the first offense be punished by a fine of not less than fifty dollars
nor more than one hundred dollars or by imprisonment not exceeding thirty
days, and for each subsequent offense, by a fine of not less than two
hundred and fifty dollars nor more than five hundred dollars, or by
imprisonment in the county jail not less than thirty days nor more than
six months, or by both such fine and imprisonment, in the discretion of
the court. (RSMo 1939 § 14080, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12441; 1919 § 12012; 1909 § 658

Effective 1-2-79

A certificate of an analysis of any dairy product or
adulteration imitation thereof, when duly signed by a professor of
chemistry connected with any of the departments of the state university
or experiment station, shall, when acknowledged before any person
authorized to administer an oath, be received in the courts of this state
as prima facie evidence of the facts stated therein, in all civil
actions, as provided for in section 196.790. (RSMo 1939 § 14081)

Prior revisions: 1929 § 12442; 1919 § 12013; 1909 § 659

No action can be maintained on account of any sale or other
contract made in violation of or with intent to violate sections 196.750
to 196.810, by or through any person who was knowingly a party to such
wrongful sale or other contract. (RSMo 1939 § 14082)

Prior revisions: 1929 § 12443; 1919 § 12014; 1909 § 660

Whoever shall efface, erase, cancel or remove any mark provided
for by sections 196.750 to 196.810, with intent to mislead, deceive, or
to violate any of the provisions of said sections, shall be deemed guilty
of a misdemeanor. (RSMo 1939 § 14083)

Prior revisions: 1929 § 12444; 1919 § 12015; 1909 § 661

The state department of agriculture shall be and is hereby
charged with the enforcement of sections 196.750 to 196.810. Actions
under said sections shall be brought in any court of competent
jurisdiction. (RSMo 1939 § 14084)

Prior revisions: 1929 § 12445; 1919 § 12016; 1909 § 662

As used in sections 196.820 to 196.830, the term "receptacle"
shall include not only bottles, siphons, tins, kegs, barrels of all
sizes, boxes, ice cream cabinets, cans and tubs, but all other
receptacles used for holding any of the commodities named in said
sections. (RSMo 1939 § 14093, A. 1949 S.B. 1053)

Prior revisions: 1929 § 12454; 1919 § 12025

Every person delivering milk, cream or ice cream to creameries,
cheese factories, common carriers, or any person, persons, copartnership,
association or corporation, in cans, bottles or other vessels, shall have
such cans, bottles or other vessels free from deleterious substance,
filth or rust, and in a wholesome condition for containing such milk,
cream or ice cream. (RSMo 1939 § 14085)

Prior revisions: 1929 § 12446; 1919 § 12017

Every person receiving milk, cream or ice cream from a common
carrier in cans, bottles or other vessels which are to be returned to the
shipper shall cause such vessels to be promptly emptied, cleansed and
delivered to the common carrier to be returned to the shipper, and it
shall be the duty of such common carrier receiving the same to have said
cans, bottles or other vessels in transit within not to exceed
twenty-four hours after receiving the same. (RSMo 1939 § 14086)

Prior revisions: 1929 § 12447; 1919 § 12018

Every person receiving milk, cream or ice cream from a
manufacturer or distributor of the same in cans, bottles or other vessels
which are to be returned to the manufacturer or distributor, shall cause
such vessels, after being emptied, to be promptly cleansed and returned.
(RSMo 1939 § 14087)

Prior revisions: 1929 § 12448; 1919 § 12019

Any person offending against any provision of sections 196.820
to 196.830 shall be deemed guilty of a misdemeanor, and upon conviction
thereof by a court of competent jurisdiction shall be punished by a fine
of not less than five dollars nor more than twenty-five dollars, and each
receptacle unlawfully dealt with as herein provided shall be deemed and
held to constitute a separate offense. (RSMo 1939 § 14092, A. 1949 S.B.
1053)

Prior revisions: 1929 § 12453; 1919 § 12024

No person, firm or corporation owning, or in charge of, any herd
of cattle containing five head of cows or more, after January 1, 1922,
shall sell, offer for sale, give away, or deliver any milk, cream,
butter, or buttermilk from any of the cows of such herd, unless all the
herd of cattle containing such five head of cows or more, owned by, or in
possession of, such person, firm or corporation have been duly inspected
and tested and found free from tuberculosis and other communicable
diseases, as determined by a physical examination and the tuberculin test
by an official, duly authorized by this state or by the federal
government; provided, that said examination and tuberculin test shall
incur no expense whatever to the owner of said herd. (RSMo 1939 § 14095)

Prior revision: 1929 § 12456

Any person, firm or corporation, who violates any of the
provisions of section 196.840 shall be deemed guilty of a misdemeanor.
(RSMo 1939 § 14096)

Prior revision: 1929 § 12457

The provisions of sections 196.851 to 196.895 shall apply to all
ice cream and related frozen food products defined in section 196.856;
and the purpose of sections 196.851 to 196.895 is declared to be to
secure the wholesomeness and purity of such products, and to prevent
confusion, fraud and deception in connection with their manufacture and
sale and to make unlawful the misbranding and adulteration of such
products. (L. 1955 p. 708 § 196.850, A.L. 1980 S.B. 707)

Only ingredients or products recognized by the department of
health and senior services in properly adopted rules may be used in
addition to those ingredients or products defined in this section. For
the purpose of sections 196.851 to 196.895 the products within their
purview are defined as follows, and in each instance it is implied that
the product is clean and sound:

(1) "Ice cream" is the food prepared by freezing, while stirring, a
pasteurized mix composed of one or more of the optional dairy ingredients
specified in subdivision (2) of this section, sweetened with one or more
of the optional sweetening ingredients specified in subdivision (3) of
this section, flavored with one or more of the optional flavoring
ingredients specified in subdivision (4) of this section; one or more of
the optional egg ingredients specified in subdivision (5) may be used;
one or more of the optional stabilizing ingredients specified in
subdivision (6) may be used; one or more of the optional acidity
standardizing ingredients specified in subdivision (7) may be used
subject to the conditions set forth in subdivisions (5), (6) and (7), as
the case may be. U.S. certified food color may be added. The mix may be
seasoned with salt and may be homogenized. Water may be added. The kind
and quantity of optional dairy ingredients used, and the content of milk
fat and total milk solids are such that the weight of milk fat and total
milk solids are not less than ten percent and twenty percent,
respectively, of the weight of the finished ice cream. If one or more of
the optional flavoring ingredients specified in paragraphs (d), (e), (f),
(g), (h) and (i) of subdivision (4) of this section are used, the weight
of milk fat and total milk solids are not to be less than ten percent and
twenty percent, respectively, except for such reduction in milk fat and
in total milk solids as is due to the addition of one or more of the
optional ingredients specified in paragraphs (d), (e), (f), (g), (h) and
(i) of subdivision (4) of this section but in no case shall it contain
less than eight percent of milk fat nor less than sixteen percent of
total milk solids. Ice cream shall contain not less than one and
six-tenths pounds of total food solids per gallon and shall weigh not
less than four and one-half pounds per gallon.

(2) The optional dairy ingredients are sweet cream, dried cream, butter,
butter oil, concentrated milk fat, milk, concentrated milk, evaporated
milk, sweetened condensed milk, superheated condensed milk, dried milk,
skim milk, concentrated (evaporated or condensed) skim milk, superheated
condensed skim milk, sweetened condensed skim milk, sweetened condensed
partly skimmed milk, nonfat dry milk solids, edible dry whey, cheese
whey, sweet cream buttermilk, condensed sweet cream buttermilk, dried
sweet cream buttermilk, and any of the foregoing products from which all
or a portion of the lactose has been removed after crystallization or the
lactose has been converted to simple sugars by hydrolysis. Harmless
optional ingredients may be used to prevent fat oxidation in any of the
foregoing optional dairy ingredients in an amount not exceeding
five-thousandths of one percent of the weight of the milk fat present in
any of such dairy ingredients. Sour cream shall never be used as an
ingredient.

(3) The optional sweetening ingredients are sugar, liquid sugar,
dextrose, invert sugar (paste or sirup), lactose, fructose, corn sugar,
dried or liquid corn sirup, maple sirup, maple sugar, honey, brown sugar,
malt sirup, dried malt extract, molasses (other than blackstrap) and any
other nutritive sweetening ingredient approved by the federal Food and
Drug Administration.

(4) The optional flavoring ingredients are:

(a) Natural food flavoring;

(b) Artificial food flavoring;

(c) Fruit juices, which may be fresh, frozen, canned, concentrated or
dried and which may be sweetened and thickened with one or more of the
optional stabilizing ingredients specified in subdivision (6);

(d) Chocolate;

(e) Cocoa;

(f) Fruit which may be fresh, frozen, canned, concentrated, shredded,
pureed, comminuted or dried and which may be sweetened, thickened with
stabilizer, and acidulated with citric, tartaric, malic, lactic or
ascorbic acid;

(g) Nut meats;

(h) Confectionery; and

(i) Vanilla flavoring may be fortified with vanillin only.

(5) Optional egg ingredients are liquid eggs, frozen eggs, dried eggs,
egg yolks, frozen yolks, dried yolks; however, the total weight of egg
yolk solids used singly, or in combination of two or more, must be less
than the minimum prescribed in subdivision (8) for French ice cream.

(6) The optional stabilizing ingredients are gelatin, algin, extractive
of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya,
locust bean gum, gum tragacanth, cellulose gum, guar seed gum,
monoglycerides or diglycerides or both of fat forming fatty acids or
other harmless stabilizers or emulsifiers; but the total weight of the
active material contained in the solids of any such ingredient used
singly, or of any combination of two or more such ingredients used, is
not more than one-half of one percent of the weight of the finished ice
cream.

(7) The following harmless optional ingredients or combination of such
ingredients may be added to control viscosity, adjust protein stability
and adjust pH of the combined mix ingredients:

(a) Sodium bicarbonate;

(b) Magnesium oxide as such or as carbonate or hydroxide;

(c) Calcium oxide as such or as hydroxide or sucrate;

(d) Sodium citrate;

(e) Sodium phosphates. The total ingredients (a) through (c) shall not
exceed one-tenth of one percent by weight of the finished mix; nor shall
the weight of ingredients (d) and (e) exceed two-tenths of one percent by
weight of the finished mix. It is further provided that the percentage of
developed lactic acid in the mix prior to the addition of the above
listed optional ingredients shall not exceed three one-thousandths of one
percent by weight for each one percent of milk-solids-not-fat present in
the mix.

(8) "French ice cream", "frozen custard", "French custard ice cream"
conforms to the definition and standard of identity prescribed for ice
cream by subdivision (1) that one or more of the optional egg ingredients
permitted by subdivision (5) are used in such quantity that the total
weight of egg yolk solids therein is not less than one and four-tenths
percent of the weight of the finished French ice cream, except when any
of the optional flavoring ingredients specified in paragraphs (d), (e),
(f), (g), (h) and (i) of subdivision (4) of this section are used, in
which case the weight of the egg yolk solids is not less than one and
twelve-hundredths percent of the weight of the finished French ice cream.

(9) "Ice milk" conforms in all respects to the definition and standard of
identity for ice cream prescribed in subdivision (1), except that it
contains not less than two percent but not more than seven percent of
milk fat and not less than fourteen percent total milk solids and except
that it contains not less than one and three-tenths pounds of food solids
per gallon.

(10) "Sherbet" is the food prepared by freezing, while stirring, a mix
composed of one or a combination of the optional pasteurized dairy
ingredients specified in subdivision (2), one or more of the optional
sweetening ingredients specified in subdivision (3), fruit, fruit juice,
or flavoring as hereinafter provided. It may contain one or more of the
optional stabilizing ingredients specified in subdivision (6) or pectin
provided the weight of such stabilizer is not more than one-half of one
percent of the weight of the finished sherbet. The kind and quantity of
optional dairy ingredients used is such that the total milk solids
content is not more than five percent by weight of the finished sherbet
and the milk fat content is not more than two percent and not less than
one percent by weight of the finished sherbet. It contains fruit or fruit
juice as prescribed in subdivisions (1), (2), (3) and (6) of subsection 4
of this section. It may contain citric, tartaric, malic, phosphoric, or
lactic acid. The acidity of the finished sherbet shall be not less than
thirty-five hundredths of one percent of acid as determined by titrating
with standard alkali and expressed as lactic acid. It weighs not less
than six pounds per gallon.

(11) "Water ice" conforms in all respects to the definition and standard
of identity for sherbet prescribed in subdivision (10) except that it
does not contain any of the optional dairy ingredients and consequently
does not meet the provision respecting total milk solids and milk fat.

(12) "Mellorine" is a vegetable fat frozen dessert product which is a
clean, frozen or semifrozen food prepared by freezing, while stirring, a
pasteurized mix composed of edible vegetable fats, milk solids not fat,
sugar or optional sweetening ingredients and optional flavoring
ingredients as defined in section 196.856. It may contain one or more
optional stabilizing ingredients and emulsifiers as specified in
subdivision (6) of this section, in an amount not exceeding one percent
of active ingredients, whether used singly or in combination, of the
weight of the finished product.

(13) "Edible fats", the edible natural fats derived from vegetable or
milk sources including only such milk fat as is normally contained in the
products enumerated in subdivision (2) of this section; the food fats may
be hydrogenated or nonhydrogenated. Harmless optional ingredients may be
used to prevent fat oxidation in an amount not exceeding five-thousandths
percent of the weight of the fat used.

(14) "Milk solids not fat", skim milk, concentrated (evaporated or
condensed) skim milk, superheated condensed skim milk, sweetened
condensed skim milk, nonfat dry milk solids, edible dry whey, cheese
whey, sweet cream buttermilk (whether fluid, condensed or dried), and any
of the foregoing products from which all or a portion of the lactose has
been removed after crystallization or the lactose has been converted to
simple sugar by hydrolysis.

(15) "Mix" or "mixes", the liquid which contains the ingredients of a
vegetable or milk fat frozen dessert product and which, after freezing,
becomes the vegetable or milk fat frozen dessert product.

(16) "Frozen dietary dairy dessert" and "frozen dietary desserts" is a
food for any special dietary use, prepared by freezing, with or without
agitation, composed of a pasteurized mix which may contain edible fat,
protein, carbohydrates, natural or artificial sweeteners, flavoring
stabilizers, emulsifiers, vitamins and minerals. (L. 1955 p. 708 §
196.855, A.L. 1957 p. 699, A.L. 1980 S.B. 707)

1. Every person, firm, association or corporation, before
engaging in the business of manufacturing or freezing ice cream,
mellorine, frozen dessert products or any other product defined in
sections 196.851 to 196.895, shall first obtain a license from the
director of the department of health and senior services of the state of
Missouri. A license shall be obtained for each plant or place of business
where ice cream, ice cream mix, ice milk, sherbet, frozen malt, ice milk
mix, mellorine, edible fat frozen dessert or ices are manufactured or
frozen. Hotels, motels, restaurants, boardinghouses, or other concerns or
agents which shall manufacture or freeze ice cream, or related frozen
food products defined in sections 196.851 to 196.895 for the use of their
patrons, guests, or servants, shall be required to take out the license
herein provided for; provided, that nothing in this section shall apply
to private homes, hospitals, churches, or fraternal organizations
manufacturing such products for their own use or to retailers dealing in
ice cream or frozen dessert products received in the final frozen form
from a licensed manufacturer.

2. Applications for such licenses, both frozen dessert and mellorine,
shall be accompanied by a statutory fee as follows: For each plant
producing annually not in excess of five thousand gallons, ten dollars;
in excess of five thousand gallons and not in excess of fifteen thousand
gallons, fifteen dollars; in excess of fifteen thousand gallons and not
in excess of twenty-five thousand gallons, twenty-five dollars; in excess
of twenty-five thousand gallons and not in excess of fifty thousand
gallons, fifty dollars; in excess of fifty thousand gallons and not in
excess of one hundred thousand gallons, seventy-five dollars; in excess
of one hundred thousand gallons and not in excess of two hundred thousand
gallons, one hundred dollars; in excess of two hundred thousand gallons
and not in excess of four hundred thousand gallons, one hundred
twenty-five dollars; over four hundred thousand gallons, one hundred
fifty dollars, and shall be made to the director of the department of
health and senior services, upon such forms and shall show such
information as may be demanded by the department of health and senior
services, and the said director of the department of health and senior
services, upon receipt of application for such license, shall cause to be
investigated the equipment and the sanitary conditions of the plant or
place of business for which the license is applied. If the condition of
the plant or place of business is found to be satisfactory, a license
shall be issued by the director of the department of health and senior
services to such applicant.

3. Each license so issued shall expire one year following the date of
issuance. All licenses for plants or places of business, when the
manufacture of ice cream, ice cream mix, ice milk, sherbets, or ices is
continued after the expiration of such licenses, shall be renewed
annually.

4. The director of the department of health and senior services may
withhold and refuse to issue a license for any plant or place of business
that has not been conducted or is not prepared to be conducted in
accordance with the requirements of sections 196.851 to 196.895 or any
rules issued hereunder. The director of the department of health and
senior services shall have the power to revoke any license issued under
sections 196.851 to 196.895 whenever it is determined by him that any of
the provisions of sections 196.851 to 196.895 have been violated. Any
person, firm, association or corporation, whose license has been so
revoked, shall discontinue operation of the business for which the
license was issued until such time as the provisions of sections 196.851
to 196.895 have been complied with and a new license granted by the
director of the department of health and senior services. Before revoking
any such license, the director of the department of health and senior
services shall give written notice to the licensee affected, stating that
he contemplates revocation of the same and giving his reasons therefor.
Said notice shall appoint a time and place for hearing and shall be
mailed by registered mail to the licensee at least ten days before the
date set for the hearing or personal service rendered. The licensee may
present to the director of the department of health and senior services
such evidence as may have a bearing on the case, and, after hearing of
the testimony, the director of the department of health and senior
services shall decide the question in such manner as to him appears just
and right.

5. Any licensee who feels aggrieved at the decision of the director of
the department of health and senior services may appeal from said
decision within sixty days by writ of certiorari to the circuit court of
the county in which such person resides or in case of a firm, association
or corporation, the county in which is located its principal place of
business.

6. All fees collected under this section shall be deposited in the state
treasury, subject to appropriation by the general assembly. (L. 1955 p.
708 § 196.880, A.L. 1980 S.B. 707)

Any person who operates a plant manufacturing or freezing ice
cream, mellorine, frozen dessert products or any other product defined in
sections 196.851 to 196.895, located outside of this state and sells,
offers for sale or distributes the products in this state shall obtain a
broker's license from the director and pay a broker's license fee,
equivalent to the license fee provided in section 196.866, on all sales
in this state, and shall be subject to the other provisions of sections
196.851 to 196.895. (L. 1959 H.B. 281 § 1, A.L. 1980 S.B. 707)

The department of health and senior services shall promulgate
rules, pursuant to the provisions of this section and chapter 536, RSMo,
setting forth the minimum sanitation requirements of manufacturing ice
cream or other related frozen food products. No person, firm, association
or corporation shall manufacture ice cream or other related frozen food
products defined in sections 196.851 to 196.895 in any room or other
place that is not maintained in compliance with these rules as determined
by the director of the department of health and senior services or his
agents. No rule or portion of a rule promulgated under the authority of
sections 196.851 to 196.895 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1980
S.B. 707, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

It shall be the duty of every person, firm, company,
copartnership, or corporation to whom sections 196.851 to 196.895 apply,
at the request of the director of the department of health and senior
services or his agents, to furnish such samples of manufactured products
defined in section 196.856, as said director may require for purpose of
analysis. (L. 1955 p. 708 § 196.885, A.L. 1980 S.B. 707)

No person, firm, association or corporation shall:

(1) Manufacture and sell ice cream, and related frozen food products
defined in sections 196.851 to 196.895 in containers unless each
container shall bear the name of the manufacturer or packer or
distributor on the body or lid of such container. When the name of the
distributor is used, the national assigned plant number identifying
location of the manufacturer shall appear on the container or* consumer
purchasing unit; or

(2) Sell or offer for sale or have in his or its possession with intent
to sell, any product defined in sections 196.851 to 196.895 in or from a
container which is falsely labeled or branded as to the manufacturer of
such product; or

(3) Sell any product defined in sections 196.851 to 196.895 from a
container or compartment of a fountain or cabinet which contains any
article of food other than such products; or

(4) Use any container furnished or used for containing products defined
in sections 196.851 to 196.895 for any other purposes. (L. 1955 p. 708 §
196.870, A.L. 1980 S.B. 707)

*Original rolls contain word "on".

Any person who violates any provision of sections 196.851 to
196.895 shall, upon conviction, be deemed guilty of a misdemeanor. (L.
1955 p. 708 § 196.887)

As used in sections 196.931 to 196.953 unless the context
clearly indicates otherwise, the following words and terms shall have the
meaning indicated:

(1) "Grade A pasteurized milk", grade A raw milk for pasteurization which
has been pasteurized, cooled, and placed in the final container in a milk
plant and conforming with the sanitation and bacteriological standards
authorized by sections 196.931 to 196.953 and regulations promulgated
thereunder;

(2) "Grade A raw milk for pasteurization", raw milk for pasteurization
from producer dairies and conforming with all of the sanitation and
bacteriological standards authorized by sections 196.931 to 196.953 and
regulations which are promulgated thereunder;

(3) "Graded fluid milk and fluid milk products", milk products include
cream, light cream, coffee cream, table cream, whipping cream, light
whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped
light cream, whipped coffee cream, whipped table cream, sour cream,
cultured sour cream, half-and-half, sour half-and-half, cultured
half-and-half, reconstituted or recombined milk and milk products,
concentrated milk, concentrated milk products, skim milk, skimmed milk,
lowfat milk, fortified milk and milk products, vitamin D milk and milk
products, homogenized milk, flavored milk or milk products, eggnog,
eggnog flavored milk, eggnog flavored lowfat milk, buttermilk, cultured
buttermilk, cultured milk, cultured whole milk buttermilk, and acidified
milk and milk products, and other fluid milk and fluid milk products so
declared by the board which are sold, offered for sale, exposed for sale,
delivered or advertised as graded milk and milk products;

(4) "Manufacturing raw milk", milk that does not meet the requirements of
grade A raw milk for pasteurization as defined in sections 196.931 to
196.959;

(5) "Milk plant", any place, premises or establishment where graded fluid
milk or fluid milk products are collected, handled, processed, stored,
bottled, pasteurized and prepared for distribution, except an
establishment where graded fluid milk products are sold at retail as
purchased from a milk plant;

(6) "Milk plant operator", any person, firm, corporation or association
operating any milk plant;

(7) "Milk producer", any person who operates a dairy farm and provides,
sells, or offers milk for sale to a milk plant, receiving station, or
transfer station;

(8) "Official rating agency", the state department of health and senior
services;

(9) "Official rating survey", the survey conducted by the official state
rating agency, as required by sections 196.931 to 196.953;

(10) "Person" shall mean an individual or individuals, or a firm,
partnership, company, corporation, trustee, or association;

(11) "Political subdivision", any municipality, city, incorporated town,
village, county, township, district or authority, or any portion or
combination of two or more thereof;

(12) "State department of agriculture", the department of agriculture of
Missouri;

(13) "State department of health and senior services", the department of
health and senior services * of Missouri;

(14) "State milk board", an appointed state agency functioning as
administrator of "state milk inspection"; and

(15) "State milk inspection", the services of inspection, regulation,
grading, and program evaluation of fluid milk and fluid milk products by
agents, representatives or employees of the state milk board under the
terms and provisions of sections 196.931 to 196.959 and regulations
adopted to regulate the production, transportation, processing,
manufacture, distribution and sale of graded fluid milk and fluid milk
products. (L. 1972 H.B. 1280 § 2, A.L. 1994 S.B. 546)

Effective 5-10-94

*Words "of the department of social services" appear here in original
rolls.

The provisions of sections 196.931 through 196.953 and
regulations promulgated thereunder do not apply to manufacturing raw milk
and manufactured dairy products, including, but not limited to, butter,
condensed milk, evaporated milk, sterilized milk or milk products in
hermetically sealed containers and not requiring refrigeration, all types
of cheese, nonfat dry milk, dry whole milk and part fat dry milk unless
used in the preparation of graded fluid milk or fluid milk products. (L.
1972 H.B. 1280 § 3)

No person shall sell, offer for sale, expose for sale,
transport, or deliver any graded fluid milk or graded fluid milk products
in this state unless the milk or milk products are graded and produced,
transported, processed, manufactured, distributed, labeled and sold under
state milk inspection and the same has also been produced or pasteurized
as required by a regulation authorized by section 196.939 and under
proper permits issued thereunder. Only pasteurized graded fluid milk and
fluid milk products as defined in subdivision (3) of section 196.931
shall be sold to the final consumer, or to restaurants, soda fountains,
grocery stores, or similar establishments; except an individual may
purchase and have delivered to him for his own use raw milk or cream from
a farm. (L. 1972 H.B. 1280 § 4)

Any person violating any provision of section 196.935 is guilty
of a misdemeanor. When construing and enforcing the provisions of
sections 196.931 through 196.953, the act, omission or failure of any
person acting for or employed by an individual, partnership, corporation,
or association within the scope of his employment or office shall, in
every case, be deemed a violation of sections 196.931 through 196.953, by
the individual, partnership, corporation or association, as well as the
violations of sections 196.931 through 196.953, by the person. (L. 1972
H.B. 1280 § 5)

1. The state milk board shall promulgate, adopt, and file with
the secretary of state as prescribed by law such regulations as deemed
necessary for the purpose of sections 196.931 to 196.953. Such
regulations shall be enforced by the state milk board through either
contractual agreements with political subdivisions of the state or
employees of the state milk board. The adoption of regulations for the
purpose of establishing a milk inspection program other than one under
contractual agreement with the state milk board by any political
subdivision is prohibited. Milk inspection by any political subdivision
of the state except under contractual arrangements with the board is
prohibited; provided the duly authorized official of any political
subdivision of this state may take samples of such products which have
been moved into, distributed within, or sold within the boundaries of
such political subdivisions of this state for the sole purpose of
determining that such milk and milk products comply with the standards
developed by the state milk board. Nothing in sections 196.931 to 196.959
shall be construed as prohibiting any epidemiological investigations by
the proper authorities of any political subdivision. A public hearing
shall be held prior to the adoption of any regulation or modification
thereof, upon notice published at least thirty days prior to the public
hearings. At the public hearing, any person shall be permitted to appear
and to be heard on the proposed regulations or modifications thereof. The
standards of a regulation may exceed but shall not be less than those
contained in the current edition of the Grade A Pasteurized Milk
Ordinance of the United States Public Health Service as it exists or as
it may be amended. The board may employ an executive secretary and
adequate staff for administering sections 196.931 to 196.959, the cost of
which shall be paid from the milk inspection fee fund.

2. No rule or portion of a rule promulgated under the authority of
sections 196.931 to 196.959 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1972
H.B. 1280 § 6, A.L. 1993 S.B. 52, A.L. 1994 S.B. 546, A.L. 1995 S.B. 3)

There is hereby created a board to be known as the "State Milk
Board" to consist of twelve members to be nominated by the director of
the department of agriculture and shall be appointed by the governor,
with the advice and consent of the senate, four of whom shall be
representatives and active members of the staff of each of four local
health jurisdictions including St. Louis County, Missouri, health
department; St. Louis City, Missouri, health division; Kansas City,
Missouri, health department; Springfield, Missouri, health department.
Four grade A milk producers shall represent dairy producers through a
registered milk producer organization or farm organization with no more
than one representing any one organization; one member shall represent
dairy processors through a recognized processor organization; and one
member shall be a consumer at large. Not more than six of the twelve
board members shall be members of the same political party. The consumer
at large or his spouse shall not be affiliated with any of the
above-mentioned groups. The director of the state department of health
and senior services or his designated representative and the state
director of the department of agriculture or his designated
representative shall serve as members. The term of service of each board
member shall expire September twenty-eight of the fourth year after
appointment. However, the term of the first members appointed shall
expire September twenty-eight of the first to fourth year after
appointment as specified by the governor and as equally as possible.
Provisions of sections 196.931 to 196.959 shall be implemented within one
year of August 13, 1972. Board members shall serve without financial
compensation. (L. 1972 H.B. 1280 § 7, A.L. 1986 H.B. 1554 Revision)

Within thirty days after August 13, 1972, the governor shall
appoint ten persons as members of the state milk board as set forth in
section 196.941 and their authority to act shall commence upon receiving
the advice and consent of the senate, if the senate shall be in session,
but if the senate not be in session, the authority to act as an acting
board member shall commence immediately upon appointment by the governor,
but shall terminate if advice and consent is not received within thirty
days after the senate convenes. If advice and consent is not given, such
person shall not be reappointed by the governor to the board. To be
eligible for appointment by the governor, the board member must be a
citizen of the United States and a resident of the state. Advice and
consent may be withdrawn with regard to the appointment of a member of
the state milk board by a majority vote of the elected members of the
senate. (L. 1972 H.B. 1280 § 8)

An inspection fee shall be annually established by the board not
to exceed five cents on each one hundred pounds of grade A raw milk for
pasteurization produced under state milk inspection and* shall be paid by
the milk plant to the state milk board. Milk dealers, processors, or
distributors selling graded fluid milk and fluid milk products in the
state as provided for by section 196.949 shall pay a fee, to be
established annually by the board, not to exceed five cents on each one
hundred pounds of milk or milk products to the state milk board; provided
that no milk producer, person, milk dealer, milk processor or milk
distributor shall be liable for inspection fees on fluid milk and fluid
milk products for which fees have previously been paid to the state milk
board. Such fees shall be paid to the state milk board on or before the
twentieth day of each month for the preceding calendar month. The annual
inspection fees shall be set by the board after holding a public hearing
giving thirty days' public notice. (L. 1972 H.B. 1280 § 9)

*Word "and" does not appear in original rolls.

All moneys received for state milk inspection shall be deposited
in the state treasury and credited to the "State Milk Inspection Fee
Fund", which is hereby created, subject to appropriation by the general
assembly and to be appropriated to the state milk board and used
exclusively for the purpose of defraying the cost of state milk
inspection and to other state agencies for such services in addition
thereto that are provided by the state government. The state milk board
shall remit to the treasury of the local jurisdictions for which it may
contract to provide services for administering milk inspection if other
than by its own employees, moneys not exceeding five cents per one
hundred pounds of milk or milk products. The unexpended balance in the
state milk inspection fee fund at the end of the biennium shall not be
transferred to the general 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 general revenue fund of the
state by the state treasurer. The financial proceedings of the board
shall be subject to an annual audit by a certified public accountant and
the audit report shall be a public record, subject to the inspection by
the general public. (L. 1972 H.B. 1280 § 10, A.L. 1994 S.B. 546)

Effective 5-10-94

Graded fluid milk or fluid milk products not inspected under
state milk inspection may be sold, offered for sale, exposed for sale,
and delivered in the state of Missouri, or any municipality thereof, if
approved jointly by the director of the department of agriculture and the
director of the department of health and senior services as provided for
by regulations adopted jointly by the two agencies and the state milk
board; provided that, the graded fluid milk or fluid milk products from
other states shall be produced and processed under the supervision of a
duly authorized governmental agency operating under the provisions of an
ordinance, statute, or regulation substantially equivalent to the
regulations promulgated and adopted by the state milk board and enforced
with equal effectiveness as determined by an official rating survey, and
products meet applicable temperature, bacteriological and composition
standards when sampled on arrival at point of retail sale. Nothing in
this section shall prohibit the state or local health officer from
satisfying himself that the governmental agency having jurisdiction over
the production and processing is properly enforcing such provisions. (L.
1972 H.B. 1280 § 11)

The department of health and senior services is hereby
designated as the official rating agency. At least annually, or as often
as necessary, the department of health and senior services shall make an
official rating survey to determine if there is appropriate and effective
enforcement of the standards and provisions of sections 196.931 through
196.953 and such other surveys as may be necessary to assure enforcement
of sections 196.931 through 196.953 throughout the state. Unsatisfactory
conditions shall be deemed to exist when a rating below the minimum
acceptable rating established by the director of the department of
agriculture and the director of the department of health and senior
services is found by the official rating survey. Violation of sections
196.931 through 196.953 shall be deemed to exist when the unsatisfactory
conditions causing the rating to fall below the minimum acceptable rating
are not corrected within ninety days. The minimum acceptable rating shall
be ninety percent for the pasteurized milk supply as determined by rating
methods recognized by the United States Public Health Service Food and
Drug Administration. The director of the department of agriculture and
the director of the department of health and senior services shall
jointly promulgate and adopt a single method of making official rating
surveys of all milksheds. Official surveys shall be made by a method
substantially equivalent to procedures outlined in United States
Governmental Printing Office Publication Number 678, titled "Methods of
Making Sanitation Ratings of Milksheds". (L. 1972 H.B. 1280 § 12)

In addition to the remedies provided in sections 196.931 through
196.953, or by law, the attorney general of the state or the prosecuting
attorney of any county in which a violation of any provisions of sections
196.931 through 196.953 occurs is authorized to apply to any court of
competent jurisdiction for, and the court shall have jurisdiction upon
hearing and for cause shown to grant, a temporary or permanent injunction
to restrain any person, partnership, corporation, or association from
violating any provisions of sections 196.931 through 196.953. (L. 1972
H.B. 1280 § 13)

Nothing in sections 196.931 to 196.959 shall be so construed as
to prohibit any grade A dairyman, who holds a valid grade A milk permit
at the inception of sections 196.931 to 196.959, to continue to sell
grade A milk. (L. 1972 H.B. 1280 § 14)

It is expressly provided that any milk or milk products once
inspected and approved under sections 196.931 to 196.959 shall be freely
marketable anywhere in the state of Missouri without any further
inspection. (L. 1972 H.B. 1280 § 15)

Any person aggrieved by an order or regulation of the milk board
may appeal directly to the circuit court having jurisdiction over his
principal place of business. The case shall be placed at the head of the
docket for a de novo hearing. (L. 1972 H.B. 1280 § 16)

Sections 196.970 to 196.984 shall be known and may be cited as
the "Prescription Drug Repository Program Act". (L. 2004 S.B. 1160)

As used in sections 196.970 to 196.984, the following terms
shall mean:

(1) "Health care professional", any of the following persons licensed and
authorized to prescribe and dispense drugs and to provide medical,
dental, or other health-related diagnoses, care, or treatment:

(a) A licensed physician or surgeon;

(b) A registered nurse or licensed practical nurse;

(c) A physician assistant;

(d) A dentist;

(e) A dental hygienist;

(f) An optometrist;

(g) A pharmacist; and

(h) A podiatrist;

(2) "Hospital", the same meaning as such term is defined in section
197.020, RSMo;

(3) "Nonprofit clinic", a facility organized as not for profit in which
advice, counseling, diagnosis, treatment, surgery, care, or services
relating to the preservation or maintenance of health are provided on an
outpatient basis for a period of less than twenty-four consecutive hours
to persons not residing or confined at such facility;

(4) "Prescription drug", a drug which may be dispensed only upon
prescription by an authorized prescriber and which is approved for safety
and effectiveness as a prescription drug under Section 505 or 507 of the
Federal Food, Drug, and Cosmetic Act. (L. 2004 S.B. 1160)

1. By January 1, 2005, the department of health and senior
services shall establish the "Prescription Drug Repository Program" to
accept and dispense prescription drugs donated for the purpose of being
dispensed to persons who are residents of Missouri and who meet
eligibility requirements established by rules promulgated pursuant to
section 196.984.

2. The following criteria shall be used in accepting drugs for use in the
program:

(1) Only prescription drugs in their original sealed and tamper- evident
unit dose packaging shall be accepted and dispensed pursuant to the
program;

(2) The packaging must be unopened; except that prescription drugs
packaged in single-unit doses may be accepted and dispensed when the
outside packaging is opened if the single-unit-dose packaging is
undisturbed;

(3) Prescription drugs donated by individuals shall bear the
manufacturer's lot number and an expiration date that is less than six
months from the date the prescription drug is donated shall not be
accepted or dispensed; and

(4) A prescription drug shall not be accepted or dispensed if there is
reason to believe that the drug is adulterated as described in section
196.095;

(5) Subject to the limitations specified in this section, unused
prescription drugs dispensed for purposes of a medical assistance program
may be accepted and dispensed under the prescription drug repository
program. (L. 2004 S.B. 1160)

1. Any person, including but not limited to a prescription drug
manufacturer or health care facility, may donate prescription drugs to
the prescription drug repository program. The drugs shall be donated at a
pharmacy, hospital, or nonprofit clinic that elects to participate in the
prescription drug repository program and meets the criteria for
participation established by rule of the department pursuant to section
196.984. Participation in the program by pharmacies, hospitals, and
nonprofit clinics shall be voluntary. Nothing in sections 196.970 to
196.984 shall require any pharmacy, hospital, or nonprofit clinic to
participate in the program.

2. A pharmacy, hospital, or nonprofit clinic which meets the eligibility
requirements established in section 196.984 may dispense prescription
drugs donated under the program to persons who are residents of Missouri
and who meet the eligibility requirements of the program, or to other
governmental entities and nonprofit private entities to be dispensed to
persons who meet the eligibility requirements of the program. A
prescription drug shall be dispensed only pursuant to a prescription
issued by a health care professional who is authorized by statute to
prescribe drugs. A pharmacy, hospital, or nonprofit clinic which accepts
donated prescription drugs shall comply with all applicable federal and
state laws dealing with the storage and distribution of dangerous drugs
and shall inspect all prescription drugs prior to dispensing the
prescription drugs to determine that they are not adulterated as
described in section 196.095. The pharmacy, hospital, or nonprofit clinic
may charge persons receiving donated prescription drugs a handling fee,
not to exceed a maximum of two hundred percent of the Medicaid dispensing
fee, established by rule of the department promulgated pursuant to
section 196.984. Prescription drugs donated to the program shall not be
resold. Any individual who knowingly resells any donated prescription
drugs pursuant to sections 196.970 to 196.984 shall be guilty of a class
D felony. (L. 2004 S.B. 1160)

1. The following persons and entities when acting in good faith
shall not be subject to criminal or civil liability for injury, death, or
loss to person or property, or professional disciplinary action for
matters related to donating, accepting, or dispensing prescription drugs
under the prescription drug repository program:

(1) The department of health and senior services;

(2) The director of the department of health and senior services;

(3) Any prescription drug manufacturer, governmental entity, or person
donating prescription drugs to the program;

(4) Any pharmacy, hospital, nonprofit clinic, or health care professional
that prescribes, accepts or dispenses prescription drugs under the
program; and

(5) Any pharmacy, hospital, or nonprofit clinic that employs or has a
hospital medical staff affiliation with a health care professional who
accepts or dispenses prescription drugs under the program.

2. A prescription drug manufacturer shall not, in the absence of bad
faith, be subject to criminal or civil liability for injury, death, or
loss to person or property for matters related to the donation,
acceptance, or dispensing of a prescription drug manufactured by the
prescription drug manufacturer that is donated by any person under the
program, including but not limited to liability for failure to transfer
or communicate product or consumer information or the expiration date of
the donated prescription drug. (L. 2004 S.B. 1160)

1. In consultation with the board of pharmacy, the director of
the department of health and senior services shall adopt and promulgate
rules to implement the prescription drug repository program. Such rules
shall include:

(1) Eligibility criteria for pharmacies, hospitals, and nonprofit clinics
to receive and dispense donated prescription drugs under the program;

(2) Standards and procedures for accepting, safely storing, and
dispensing donated prescription drugs;

(3) Standards and procedures for inspecting donated prescription drugs to
determine that the original single-unit-dose packaging is sealed and
tamper-evident and that the prescription drugs are unadulterated, safe,
and suitable for dispensing;

(4) Eligibility requirements for recipients in the program shall be based
on economic need for persons to receive prescription drugs under the
program. For purposes of this subdivision, "economic need" means a net
family income below three hundred percent of the federal poverty level;

(5) An identification card by which a person who is eligible to receive
donated prescription drugs under the program may demonstrate eligibility
to the pharmacy, hospital, or nonprofit clinic;

(6) A form that a person receiving a prescription drug from the program
must sign before receiving the drug to confirm that such person
understands the criminal and civil immunity from liability provisions of
the program;

(7) Establishing* a maximum handling fee that pharmacies, hospitals, and
nonprofit clinics may charge to drug recipients to cover restocking and
dispensing costs;

(8) For prescription drugs donated to the program by individuals:

(a) A list of prescription drugs, arranged by category or by individual
drug, that the program will and will not accept from individuals. If a
drug is ineligible for donation, the list must include a statement as to
the reason the drug is ineligible for donation; and

(b) A form each donor must sign stating that the donor is the owner of
the prescription drugs and intends to voluntarily donate such drugs to
the program;

(9) For prescription drugs donated to the program by health care
facilities, a list of prescription drugs, arranged by category or by
individual drug, that the program will and will not accept from health
care facilities. If a drug is ineligible for donation, the list must
include a statement as to the reason the drug is ineligible for donation;
and

(10) Any other standards and procedures the department deems appropriate
or necessary to implement the provisions of sections 196.970 to 196.984.

2. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in sections
196.970 to 196.984 shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. Sections 196.970 to 196.984 and
chapter 536, RSMo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, RSMo, to review, to delay
the effective date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after August 28, 2004, shall be invalid and
void. (L. 2004 S.B. 1160)

*Word "establish" appears in original rolls.

Definitions.

(a) "Adjusted for inflation" means increased in accordance with the
formula for inflation adjustment set forth in Exhibit C to the Master
Settlement Agreement.

(b) "Affiliate" means a person who directly or indirectly owns or
controls, is owned or controlled by, or is under common ownership or
control with, another person. Solely for purposes of this definition, the
terms "owns," "is owned" and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term
"person" means an individual, partnership, committee, association,
corporation or any other organization or group of persons.

(c) "Allocable share" means Allocable Share as that term is defined in
the Master Settlement Agreement.

(d) "Cigarette" means any product that contains nicotine, is intended to
be burned or heated under ordinary conditions of use, and consists of or
contains (1) any roll of tobacco wrapped in paper or in any substance not
containing tobacco; or (2) tobacco, in any form, that is functional in
the product, which, because of its appearance, the type of tobacco used
in the filler, or its packaging and labeling, is likely to be offered to,
or purchased by, consumers as a cigarette; or (3) any roll of tobacco
wrapped in any substance containing tobacco which, because of its
appearance, the type of tobacco used in the filler, or its packaging and
labeling, is likely to be offered to, or purchased by, consumers as a
cigarette described in clause (1) of this definition. The term
"cigarette" includes "roll-your-own" (i.e., any tobacco which, because of
its appearance, type, packaging, or labeling is suitable for use and
likely to be offered to, or purchased by, consumers as tobacco for making
cigarettes). For purposes of this definition of "cigarette," 0.09 ounces
of "roll-your-own" tobacco shall constitute one individual "cigarette."

(e) "Master Settlement Agreement" means the settlement agreement (and
related documents) entered into on November 23, 1998 by the State and
leading United States tobacco product manufacturers.

(f) "Qualified escrow fund" means an escrow arrangement with a federally
or State chartered financial institution having no affiliation with any
tobacco product manufacturer and having assets of at least $1,000,000,000
where such arrangement requires that such financial institution hold the
escrowed funds' principal for the benefit of releasing parties and
prohibits the tobacco product manufacturer placing the funds into escrow
from using, accessing or directing the use of the funds' principal except
as consistent with section 2(b)(2) of this Act.

(g) "Released claims" means Released Claims as that term is defined in
the Master Settlement Agreement.

(h) "Releasing parties" means Releasing Parties as that term is defined
in the Master Settlement Agreement.

(i) "Tobacco Product Manufacturer" means an entity that after the date of
enactment of this Act directly (and not exclusively through any
affiliate):

(1) manufactures cigarettes anywhere that such manufacturer intends to be
sold in the United States, including cigarettes intended to be sold in
the United States through an importer (except where such importer is an
original participating manufacturer (as that term is defined in the
Master Settlement Agreement) that will be responsible for the payments
under the Master Settlement Agreement with respect to such cigarettes as
a result of the provisions of subsection II(mm) of the Master Settlement
Agreement and that pays the taxes specified in subsection II(z) of the
Master Settlement Agreement, and provided that the manufacturer of such
cigarettes does not market or advertise such cigarettes in the United
States);

(2) is the first purchaser anywhere for resale in the United States of
cigarettes manufactured anywhere that the manufacturer does not intend to
be sold in the United States; or

(3) becomes a successor of an entity described in paragraph (1) or (2).

The term "Tobacco Product Manufacturer" shall not include an affiliate of
a tobacco product manufacturer unless such affiliate itself falls within
any of (1)-(3) above.

(j) "Units sold" means the number of individual cigarettes sold in the
State by the applicable tobacco product manufacturer (whether directly or
through a distributor, retailer or similar intermediary or
intermediaries) during the year in question, as measured by excise taxes
collected by the State on packs (or "roll-your-own" tobacco containers)
bearing the excise tax stamp of the State. The department of revenue
shall promulgate such regulations as are necessary to ascertain the
amount of State excise tax paid on the cigarettes of such tobacco product
manufacturer for each year. (L. 1999 H.B. 814 § 1)

Effective 7-1-99

Requirements.

Any tobacco product manufacturer selling cigarettes to consumers within
the State (whether directly or through a distributor, retailer or similar
intermediary or intermediaries) after the date of enactment of this Act
shall do one of the following:

(a) become a participating manufacturer (as that term is defined in
section II(jj) of the Master Settlement Agreement) and generally perform
its financial obligations under the Master Settlement Agreement; or

(b) (1) place into a qualified escrow fund by April 15 of the year
following the year in question the following amounts (as such amounts are
adjusted for inflation)--

1999: $.0094241 per unit sold after the date of enactment of this Act;

2000: $.0104712 per unit sold;

for each of 2001 and 2002: $.0136125 per unit sold;

for each of 2003 through 2006: $.0167539 per unit sold;

for each of 2007 and each year thereafter: $.0188482 per unit sold.

(2) A tobacco product manufacturer that places funds into escrow pursuant
to paragraph (1) shall receive the interest or other appreciation on such
funds as earned. Such funds themselves shall be released from escrow only
under the following circumstances--

(A) to pay a judgment or settlement on any released claim brought against
such tobacco product manufacturer by the State or any releasing party
located or residing in the State. Funds shall be released from escrow
under this subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary to make
payments required under such judgment or settlement;

(B) to the extent that a tobacco product manufacturer establishes that
the amount it was required to place into escrow in a particular year was
greater than the State's allocable share of the total payments that such
manufacturer would have been required to make in that year under the
Master Settlement Agreement (as determined pursuant to section IX(i)(2)
of the Master Settlement Agreement, and before any of the adjustments or
offsets described in section IX(i)(3) of that Agreement other than the
Inflation Adjustment) had it been a participating manufacturer, the
excess shall be released from escrow and revert back to such tobacco
product manufacturer; or

(C) to the extent not released from escrow under subparagraphs (A) or
(B), funds shall be released from escrow and revert back to such tobacco
product manufacturer twenty-five years after the date on which they were
placed into escrow.

(3) Each tobacco product manufacturer that elects to place funds into
escrow pursuant to this subsection shall annually certify to the Attorney
General that it is in compliance with this subsection. The Attorney
General may bring a civil action on behalf of the State against any
tobacco product manufacturer that fails to place into escrow the funds
required under this section. Any tobacco product manufacturer that fails
in any year to place into escrow the funds required under this section
shall--

(A) be required within 15 days to place such funds into escrow as shall
bring it into compliance with this section. The court, upon a finding of
a violation of this subsection, may impose a civil penalty to be paid to
the State's general revenue fund in an amount not to exceed 5 percent of
the amount improperly withheld from escrow per day of the violation and
in a total amount not to exceed 100 percent of the original amount
improperly withheld from escrow;

(B) in the case of a knowing violation, be required within 15 days to
place such funds into escrow as shall bring it into compliance with this
section. The court, upon a finding of a knowing violation of this
subsection, may impose a civil penalty to be paid to the State's general
revenue fund in an amount not to exceed 15 percent of the amount
improperly withheld from escrow per day of the violation and in a total
amount not to exceed 300 percent of the original amount improperly
withheld from escrow; and

(C) in the case of a second knowing violation, be prohibited from selling
cigarettes to consumers within the State (whether directly or through a
distributor, retailer or similar intermediary) for a period not to exceed
2 years.

Each failure to make an annual deposit required under this section shall
constitute a separate violation. Any tobacco product manufacturer that
violates the provisions of this section shall pay the State's cost and
attorney's fees incurred during a successful prosecution under this
section. (L. 1999 H.B. 814 § 2)

Effective 7-1-99

1. There is hereby established in the state treasury the "Life
Sciences Research Trust Fund" to be held separate and apart from all
other public moneys and funds of the state, including but not limited to
the tobacco securitization settlement trust fund established in section
8.550, RSMo. The state treasurer shall deposit into the fund twenty-five
percent of all moneys received from the master settlement agreement, as
defined in section 196.1000, beginning in fiscal year 2007 and in
perpetuity thereafter. Moneys in the fund shall not be subject to
appropriation for purposes other than those provided in sections 196.1100
to 196.1130 without a majority vote in each house of the general
assembly. All moneys in the fund shall be used for the purposes of
sections 196.1100 to 196.1130 only. Notwithstanding the provisions of
section 33.080, RSMo, to the contrary, the moneys in the fund shall not
revert to the credit of general revenue at the end of the biennium.

2. Moneys in the life sciences research trust fund shall be used
strategically, in cooperation with other governmental and not-for-profit
private entities, to enhance the capacity of the state of Missouri's
ability to perform research to better serve the health and welfare of the
residents of the state of Missouri as a center of life sciences research
and development by building on the success of research institutions
located in Missouri, creating in and attracting to Missouri new research
and development institutions, commercializing the life sciences
technologies developed by such institutions, and enhancing their capacity
to carry out their respective missions. (L. 2003 H.B. 688)

The management, governance, and control of moneys appropriated
from the life sciences research trust fund shall be vested in the "Life
Sciences Research Board" which is hereby created in the office of
administration as a type III division and which shall consist of seven
members. The following provisions shall apply to the life sciences
research board and its members:

(1) Each member shall be appointed by the governor with the advice and
consent of the senate pursuant to the procedures herein set forth for a
term of four years; except that, of the initial members of the board
appointed, three shall be appointed for two-year terms and four shall be
appointed to four-year terms;

(2) The members of the board shall be generally familiar with the life
sciences and current research trends and developments with either
technical or scientific expertise in life sciences and with an
understanding of the application of the results of life sciences
research. The appointment of a person to the life sciences research
committee created by Executive Order 01-10 issued by the governor on July
23, 2001*, shall not disqualify a person from serving as a member, either
contemporaneously or later, on the life sciences research board;

(3) No member of the life sciences research board shall serve more than
two consecutive full four-year terms;

(4) The members of the life sciences research board shall receive no
salary or other compensation for their services as a member of the board,
but shall receive reimbursement for their actual and necessary expenses
incurred in performance of their duties as members of the board. (L. 2003
H.B. 688)

*Original rolls contain "2002".

Centers for life sciences research shall be established and
shall be subject to the following provisions:

(1) A "center for excellence for life sciences research" means a system
or regional consortium of public and private not-for-profit academic,
research, or health care institutions or organizations engaged in
competitive research in targeted fields consistent with the strategic
purposes of life sciences research as provided in sections 196.1100 to
196.1130;

(2) The life sciences research board shall monitor and adopt such rules
as are necessary to assure quality and accountability in the operation of
the centers for excellence for life sciences research;

(3) One St. Louis area center for excellence may be established within
the geographical area encompassing the city of St. Louis and St. Louis,
St. Charles, Jefferson, and Franklin counties. If any part of a
municipality is located within any one such county and also encompasses a
part of another county in this state, the entire area encompassed within
the city limits of such municipality shall be a part of the geographical
area of the St. Louis area center for excellence;

(4) One Kansas City area center for excellence may be established within
the geographical area encompassing Jackson, Clay, Andrew, Buchanan, and
Platte counties. If any part of a municipality is located within any one
such county and also encompasses a part of another county in this state,
the entire area encompassed within the city limits of such municipality
shall be a part of the geographical area of the Kansas City area center
for excellence;

(5) One Springfield center for excellence may be established within the
geographical area encompassing Greene, Christian, and Webster counties;

(6) A Missouri statewide center for excellence may be established that
shall encompass the institutions, agricultural research centers dedicated
to the development of plant-made pharmaceuticals, and campuses within the
University of Missouri system and those regions of Missouri not
encompassed within another center for excellence; provided that the
University of Missouri-Kansas City and the University of Missouri-St.
Louis shall participate in the centers for excellence in their respective
geographical regions;

(7) The life sciences research board shall receive and review suggestions
for the formation and composition of the initial centers for excellence.
After receiving and reviewing such suggestions, the life sciences
research board shall determine the initial composition, and shall
consider and approve the organizational plan and structure of the St.
Louis area, Kansas City area, Springfield area, and Missouri statewide
centers for excellence;

(8) Before any center for excellence is considered to be a center for
excellence for life sciences research under sections 196.1100 to
196.1130, its composition and organizational structure shall be approved
by the life sciences research board;

(9) Any center for excellence for life sciences research that is
established within a geographical area specified in sections 196.1100 to
196.1130 shall be comprised of a consortium of public and private
not-for- profit academic, research, or health care institutions or
organizations that have collectively at least fifteen million dollars in
annual research expenditures in the life sciences, including a collective
minimum of two million dollars in basic research in life sciences;

(10) Each center for excellence for life sciences research shall appoint
a screening committee. The centers, through their screening committees,
shall solicit, collect, prioritize, and forward to the life sciences
research board proposed research initiatives for consideration for
funding by the board. Members of each screening committee shall generally
be familiar with the life sciences and current trends and developments
with either technical or scientific expertise in the life sciences with
an understanding of life sciences and with an understanding of the
application of the results of life sciences research. No member of a
screening committee shall be employed by any public or private entity
eligible to receive financial support from the life sciences research
trust fund; and

(11) The centers for excellence for life sciences research shall have any
and all powers attendant to carrying out the operations that are not
contrary to the provisions of sections 196.1100 to 196.1130 or any rules,
guidelines, or decisions adopted by the life sciences research board. (L.
2003 H.B. 688)

All moneys that are appropriated by the general assembly from
the life sciences research trust fund shall be appropriated to the life
sciences research board to increase the capacity for quality of life
sciences research at public and private not-for-profit institutions in
the state of Missouri and to thereby:

(1) Improve the quantity and quality of life sciences research at public
and private not-for-profit institutions, including but not limited to
basic research (including the discovery of new knowledge), translational
research (including translating knowledge into a usable form), and
clinical research (including the literal application of a therapy or
intervention to determine its efficacy), including but not limited to
health research in human development and aging, cancer, endocrine,
cardiovascular, neurological, pulmonary, and infectious disease, and
plant sciences, including but not limited to nutrition and food safety;
and

(2) Enhance technology transfer and technology commercialization derived
from research at public and private not-for-profit institutions within
the centers for excellence. For purposes of sections 196.1100 to
196.1130, "technology transfer and technology commercialization" includes
stages of the regular business cycle occurring after research and
development of a life science technology, including but not limited to
reduction to practice, proof of concept, and achieving federal Food and
Drug Administration, United States Department of Agriculture, or other
regulatory requirements in addition to the definition in section 348.251,
RSMo.

Funds received by the board may be used for purposes authorized in
sections 196.1100 to 196.1130 and shall be subject to the restrictions of
sections 196.1100 to 196.1130, including but not limited to the costs of
personnel, supplies, equipment, and renovation or construction of
physical facilities; provided that in any single fiscal year no more than
ten percent of the moneys appropriated shall be used for the construction
of physical facilities and further provided that in any fiscal year
eighty percent of the moneys shall be appropriated to build research
capacity at public and private not-for-profit institutions and twenty
percent of the moneys shall be appropriated for grants to public or
private not-for-profit institutions to promote life science technology
transfer and technology commercialization. Of the moneys appropriated to
build research capacity, twenty percent of the moneys shall be
appropriated to promote the development of research of tobacco-related
illnesses. (L. 2003 H.B. 688)

In determining projects to authorize, the life sciences
research board shall consider those proposals endorsed by a center for
excellence, subject to a process of peer review conducted under the
auspices of the board, and shall also consider the potential of any
proposal to bring both health and economic benefits to the people of
Missouri. Specifically, at least eighty percent of the moneys that are
appropriated to the board in each fiscal year shall be distributed to
public and private not-for-profit institutions or organizations whose
programs and proposals have been recommended by a center for excellence
that meets the requirements set forth in subdivisions (8) and (9) of
section 196.1106. Collectively, the institutions or organizations within
a single center for excellence shall receive in a single fiscal year no
more than fifty percent of the moneys appropriated to the board during
such fiscal year. No single institution or organization shall receive in
any consecutive three-fiscal-year period more than forty percent of the
moneys appropriated to the board during such three-fiscal-year period.
(L. 2003 H.B. 688)

1. The moneys appropriated to the life sciences research board
that are not distributed by the board in any fiscal year to a center for
excellence or a center for excellence endorsed program pursuant to
section 196.1112, if any, shall be held in reserve by the board or shall
be awarded on the basis of peer review panel recommendations for capacity
building initiatives proposed by public and private not-for-profit
academic, research, or health care institutions or organizations, or
individuals engaged in competitive research in targeted fields consistent
with the provisions of sections 196.1100 to 196.1130.

2. The life sciences research board may, in view of the limitations
expressed in section 196.1130:

(1) Award and enter into grants or contracts relating to increasing
Missouri's research capacity at public or private not-for-profit
institutions;

(2) Make provision for peer review panels to recommend and review
research projects;

(3) Contract for administrative and support services;

(4) Lease or acquire facilities and equipment;

(5) Employ administrative staff; and

(6) Receive, retain, hold, invest, disburse or administer any moneys that
it receives from appropriations or from any other source.

3. The life sciences research board shall utilize as much of the moneys
as reasonably possible for building capacity at public and private
not-for-profit institutions to do research rather than for administrative
expenses. The board shall not in any fiscal year expend more than two
percent of the total moneys appropriated to it and of the moneys that it
has in reserve or has received from other sources for its own
administrative expenses; provided, however, that the general assembly by
appropriation from the life sciences research trust fund may authorize a
limited amount of additional moneys to be expended for administrative
costs. (L. 2003 H.B. 688)

The life sciences research board shall make provision for and
secure the state auditor or outside public accounting firm an annual
audit of its financial affairs and the moneys expended from the life
sciences research trust fund. Such audit shall be performed on a fiscal
year basis and the cost of such audit shall not be considered as an
administrative expense for purposes of subsection 3 of section 196.1115.
The board shall make copies of each audit available to the public. Every
three years the board, with the assistance of its staff or independent
contractors as determined by the board, shall prepare a comprehensive
report assessing the work and progress of the life sciences research
program. Such assessment report shall analyze the impact of the board's
programs, grants, and contracts performed, shall be provided to the
governor and the general assembly, and shall be available to the public.
The cost of such assessment report shall not be considered an
administrative expense for purposes of subsection 3 of section 196.1115.
(L. 2003 H.B. 688)

1. Grant or contract awards made with moneys appropriated from
the life sciences research trust fund shall provide for the reimbursement
of costs. Whether reimbursement of specific costs is allowed depends on
the application of a four-part test balancing which shall include:

(1) The reasonableness of the cost;

(2) The connection to the grant or contract;

(3) The consistency demonstrated in assigning costs to the grant or
contract; and

(4) Conformance with the specific terms and conditions of the award or
contract.

The life sciences research board may from time to time issue rules and
guidelines consistent with such four-part test and provide grant and
contract recipients with a list or other explanation of regularly
permitted costs.

2. Grant and contract recipients shall preserve research freedom, ensure
timely disclosure of their research findings to the scientific community,
including through publications and presentations at scientific meetings,
and promote utilization, commercialization, and public availability of
their inventions and other intellectual property developed as a general
institutional policy. Institutions or organizations receiving grant or
contract awards shall retain all right, title, and interest, including
all intellectual property rights, in and to any and all inventions,
ideas, data, improvements, modifications, know-how, creations,
copyrightable material, trade secrets, methods, processes, discoveries,
and derivatives, regardless of patentability, that are made in the
performance of work under a grant award. The life sciences research board
shall adopt reasonable rules to ensure that any such intellectual
property rights are utilized reasonably and in a manner that is in the
public interest. (L. 2003 H.B. 688)

No member of the life sciences research board shall be employed
by any public or private not-for-profit entity entitled to receive
financial support from the life sciences research trust fund, or
participate in the making of any decision by the board to make any grant
to the board member, any person who is related to the board member within
the fourth degree of consanguinity or affinity, any public entity for
which the board member serves as an officer, director, or other member of
the entity's governing body, or any private entity for which the board
member or the member's spouse is employed, serves as an officer,
director, or other member of the entity's governing body. The board may
from time to time issue conflict of interest guidelines and requirements
with respect to the administration of the life sciences research program,
to govern the actions of its employees and agents, and to implement the
provisions of this section. (L. 2003 H.B. 688)

1. The moneys appropriated to the life sciences research board
pursuant to sections 196.1100 to 196.1124 shall be subject to the
provisions of this section.

2. As used in this section, the following terms shall mean:

(1) "Abortion services" include performing, inducing, or assisting with
abortions, as defined in section 188.015, RSMo, or encouraging patients
to have abortions, referring patients for abortions not necessary to save
the life of the mother, or development of drugs, chemicals, or devices
intended to be used to induce an abortion;

(2) "Child", a human being recognized as a minor pursuant to the laws of
this state, including if in vivo, an unborn child as defined in section
188.015, RSMo, and if in vitro, a human being at any of the stages of
biological development of an unborn child from conception or inception
onward;

(3) "Conception", the same meaning as such term is defined in section
188.015, RSMo;

(4) "Facilities and administrative costs", those costs that are incurred
for common or joint objectives and therefore cannot be identified readily
and specifically with a particular research project or any other
institutional activity;

(5) "Human cloning", the creation of a human being by any means other
than by the fertilization of an oocyte of a human female by a sperm of a
human male;

(6) "Prohibited human research", research in a research project in which
there is the taking or utilization of the organs, tissues, or cellular
material of:

(a) A deceased child, unless consent is given by the parents in a manner
provided in sections 194.210 to 194.290, RSMo, relating to anatomical
gifts, and neither parent caused the death of such child or consented to
another person causing the death of such child;

(b) A living child, when the intended or likely result of such taking or
utilization is to kill or cause harm to the health, safety, or welfare of
such child, or when the purpose is to target such child for possible
destruction in the future;

(7) "Public funds", include:

(a) Any moneys received or controlled by the state of Missouri or any
official, department, division, agency, or political subdivision thereof,
including but not limited to moneys derived from federal, state, or local
taxes, gifts, or grants from any source, settlements of any claims or
causes of action, public or private, bond proceeds, federal grants or
payments, or intergovernmental transfers;

(b) Any moneys received or controlled by an official, department,
division, or agency of state government or any political subdivision
thereof, or to any person or entity pursuant to appropriation by the
general assembly or governing body of any political subdivision of this
state;

(8) "Research project", research proposed to be funded by an award of
public funds conducted under the auspices of the entity or entities that
applied for and received such award, regardless of whether the research
is funded in whole or in part by such award. Such research shall include
basic research, including the discovery of new knowledge; translational
research, including translational knowledge in a usable form; and
clinical research, including but not limited to health research in human
development and aging, cancer, endocrine, cardiovascular, neurological,
pulmonary, and infectious disease.

3. Public funds shall not be expended, paid, or granted to or on behalf
of an existing or proposed research project that involves abortion
services, human cloning, or prohibited human research. A research project
that receives an award of public funds shall not share costs with another
research project, person, or entity not eligible to receive public funds
pursuant to this subsection; provided that a research project that
receives an award of public funds may pay a pro rata share of facilities
and administrative costs determined in the award of public funds
according to standards that ensure that public funds do not in any way
subsidize facilities and administrative costs of other research projects,
persons, or entities not eligible to receive public funds pursuant to
this subsection. The application for an award of public funds shall set
forth the proposed rates of pro rata cost reimbursement and shall provide
supporting data and rationale for such rates. All applicants for and
recipients of awards of public funds shall comply with the cost
accounting principles set forth in Part 9905 of Title 48 of the Code of
Federal Regulations, or successor regulations, in connection with the
application for and administration of the research project. All moneys
derived from an award of public funds shall be expended only by checks,
drafts, or electronic transfers using a separate accounting process
maintained for each research project. No moneys derived from an award of
public funds shall be used to cover costs for any other research project
or to any other person or entity. No moneys derived from an award of
public funds shall be passed through to any other research project,
person, or entity unless included in the original application for the
award of public funds or in subsequent amendments or requests to use
separate contractors. A research project that receives an award of public
funds shall maintain financial records that demonstrate strict compliance
with this subsection. Any audit conducted pursuant to any grant or
contract awarding public funds shall also certify whether there is
compliance with this subsection and shall note any noncompliance as a
material audit finding.

4. The provisions of this section shall inure to the benefit of all
residents of this state. Any taxpayer of this state or any political
subdivision of this state shall have standing to bring suit against the
state of Missouri or any official, department, division, agency, or
political subdivision of this state, and any recipient of public funds
who or which is in violation of this subsection in any circuit court with
jurisdiction to enforce the provisions of this section.

5. This section shall not be construed to permit or make lawful any
conduct that is otherwise unlawful pursuant to the laws of this state.

6. Any provision of this section is not severable from any appropriation
subject to this section or any application declared by any court to be
subject to this section. If any provision of this section is found to be
invalid or unconstitutional, any appropriation subject to this section or
any appropriation declared by any court to be subject to this section
shall be void, invalid, and unenforceable. (L. 2003 H.B. 688)

1. For purposes of this section, the term "board" shall mean
the life sciences research board established under section 196.1103.

2. Subject to appropriations, the board shall establish a program to
award grants for the establishment of umbilical cord blood banks to be
located in this state and for the expansion of existing umbilical cord
blood banks located in this state. The purposes and activities of
umbilical cord blood banks eligible for grants for this program shall be
directed towards gathering, collecting, and preserving umbilical cord and
placental blood only from live births and providing such blood and blood
components primarily to recipients who are unrelated to the donors of the
blood, and towards persons and institutions conducting scientific
research requiring sources of human stem cells.

3. The board shall, by rule, establish eligibility criteria for awarding
grants under this section. In awarding grants, the board shall consider:

(1) The ability of the applicant to establish, operate, and maintain an
umbilical cord blood bank and to provide related services;

(2) The experience of the applicant in operating similar facilities; and

(3) The applicant's commitment to continue to operate and maintain an
umbilical cord blood bank after the expiration of the terms of the
contract required by subsection 4 of this section.

4. Recipients of grants awarded shall enter into contracts under which
each recipient agrees to:

(1) Operate and maintain an umbilical cord blood bank in this state at
least until the eighth anniversary of the date of the award of the grant;

(2) Gather, collect, and preserve umbilical cord blood only from live
births; and

(3) Comply with any financial or reporting requirements imposed on the
recipient under rules adopted by the board.

5. The grants authorized under this section shall be awarded subject to
funds specifically appropriated for that purpose. (L. 2005 S.B. 323)

No rule or portion of a rule promulgated pursuant to the
authority of sections 196.1100 to 196.1130 shall become effective unless
it has been promulgated pursuant to chapter 536, RSMo. (L. 2003 H.B. 688)

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