Effective - 28 Aug 2014, 2 histories
196.1035. Judicial review of director's decision not to list — compliance agreement required — rulemaking authority — funds created. — 1. A determination of the director not to list, or to remove from the directory, a brand family or tobacco product manufacturer shall be subject to review by a court of competent jurisdiction.
2. No person shall be issued, or granted a renewal of, a license under chapter 149 unless such person has certified, in writing and under the penalty of perjury, that such person will comply fully with sections 196.1020 to 196.1035.
3. The director may promulgate rules necessary to effect the purpose of sections 196.1020 to 196.1035. Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2010, shall be invalid and void.
4. There is hereby created in the state treasury the "Tobacco Control Special Fund", which shall consist of money collected under this section. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the fund shall be used solely for the administration of this section. Any moneys remaining in the fund at the end of the biennium shall revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
5. If a court of competent jurisdiction determines that a person has violated sections 196.1020 to 196.1035, such court shall order any profits, gains, gross receipts, or other benefits from such violation be disgorged and paid to the state treasurer for deposit in the "Tobacco Control Special Fund" which is hereby created. Unless otherwise expressly provided, the remedies or penalties provided by sections 196.1020 to 196.1035 are cumulative to each other and to the remedies or penalties available under all other laws of this state.
6. If a court of competent jurisdiction finds that the provisions of sections 196.1003 and 196.1020 to 196.1035 conflict and cannot be harmonized, the provisions of section 196.1003 shall control. If any section or portion of a section in sections 196.1020 to 196.1035 causes section 196.1003 to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, that portion of sections 196.1020 to 196.1035 shall be invalid.
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(L. 2010 S.B. 884, A.L. 2014 H.B. 1298 Revision)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 196 - Food, Drugs and Tobacco
Section 196.010 - Definitions.
Section 196.015 - Certain acts prohibited.
Section 196.020 - Injunction will lie to restrain violations of section 196.015.
Section 196.025 - Punishment for violations, exceptions.
Section 196.035 - Duty of prosecuting attorney.
Section 196.050 - Not to prescribe more stringent regulations than prescribed by federal act.
Section 196.055 - Access to places in which food, drugs, devices or cosmetics are manufactured.
Section 196.060 - Carriers in interstate commerce shall permit access to records of shipments.
Section 196.065 - Publication of reports of judgments, decrees and court orders.
Section 196.070 - Food, when deemed adulterated — industrial hemp content, effect of.
Section 196.075 - Food, when deemed misbranded.
Section 196.085 - Use of poisonous or deleterious substances.
Section 196.090 - Sections 196.010 to 196.120 not applicable to animal food or garbage.
Section 196.095 - When drug or device adulterated.
Section 196.100 - When drug or device misbranded.
Section 196.105 - Provisions governing selling or delivering new drug.
Section 196.110 - When a cosmetic deemed adulterated.
Section 196.115 - When a cosmetic deemed misbranded.
Section 196.120 - Advertisement, when deemed false.
Section 196.150 - Sale of horse and mule meat prohibited except when labeled as such meat.
Section 196.160 - Lawful to sell goat meat, when.
Section 196.165 - Falsely representing food to be kosher prohibited, penalty — kosher defined.
Section 196.170 - Mixed flour to be branded.
Section 196.190 - To what places law applies.
Section 196.195 - Contents of places and utensils used must be protected.
Section 196.210 - Toilet rooms provided.
Section 196.220 - Not used for sleeping purposes.
Section 196.225 - Employees with communicable disease prohibited, where.
Section 196.230 - Abatement of violations by director.
Section 196.240 - Authorization by director to close health menace.
Section 196.245 - Order to specify what — revocation — reopening.
Section 196.250 - Construction of the word close.
Section 196.265 - Penalty for violation.
Section 196.271 - Food manufacturers or distributors may register.
Section 196.311 - Definitions.
Section 196.313 - License to sell eggs required — exceptions.
Section 196.316 - License requirements — applications — kinds of licenses — fees — posting.
Section 196.318 - Licensees to keep records.
Section 196.321 - Standards and grades to be fixed.
Section 196.323 - Kinds of eggs which may be sold.
Section 196.326 - Egg containers to be marked or labeled.
Section 196.328 - Containers not required to be marked, when.
Section 196.331 - Sign required on sale from bulk lots.
Section 196.333 - Markings in case of eggs from different species of fowl.
Section 196.336 - Advertisements of price to give size and quality.
Section 196.338 - Dealer to furnish retailer with invoice showing size and quality.
Section 196.341 - Processing plants kept clean — standards — inspection — rulemaking, procedure.
Section 196.343 - Inspection of business premises and records.
Section 196.346 - Stop-sale orders, effect — appeals.
Section 196.348 - Court may order seizure of eggs, when — condemnation.
Section 196.351 - License suspended or revoked, when, procedure — appeal.
Section 196.352 - Civil penalty authorized, when.
Section 196.354 - Duties of director of agriculture — rules and regulations.
Section 196.357 - Violations may be enjoined.
Section 196.361 - Violation a misdemeanor.
Section 196.450 - Definitions.
Section 196.455 - Annual license required.
Section 196.465 - Semiannual inspection of plants.
Section 196.470 - Form and expiration of license.
Section 196.475 - Gas masks, alarm bell, and illumination required.
Section 196.480 - Requirements before issuance of license.
Section 196.485 - Temperature requirements and record.
Section 196.490 - Food to be quick frozen before placed in locker.
Section 196.495 - Record of name and address of user.
Section 196.500 - Accurate and complete report of weight of food.
Section 196.505 - Designation of food not for human consumption.
Section 196.510 - Operator to have lien on property for rentals — furnish content insurance.
Section 196.515 - Revocation of license — enforcement.
Section 196.520 - Short title.
Section 196.525 - Definitions.
Section 196.530 - Standards to be maintained.
Section 196.540 - Administration by state milk board — rules, promulgation — exempt products.
Section 196.542 - Fees for licenses.
Section 196.545 - Unlawful sale of dairy products.
Section 196.550 - Grading of products — right to protest accuracy, procedure.
Section 196.555 - The state milk board's right of access.
Section 196.560 - Records of purchases and sales.
Section 196.565 - The state milk board may take samples.
Section 196.570 - Condemnation of illegal dairy products.
Section 196.575 - Unidentified products subject to seizure.
Section 196.580 - Confiscated products released to owner, when.
Section 196.585 - Inspection, interference prohibited.
Section 196.590 - Suspension or revocation of licenses.
Section 196.595 - Substandard products, sale or production prohibited.
Section 196.610 - Penalty for violation.
Section 196.695 - Filled milk defined.
Section 196.700 - Emulsified cream defined.
Section 196.705 - Fat or oil other than milk fat prohibited.
Section 196.710 - Emulsified cream and filled milk prohibited.
Section 196.715 - Penalty for violation.
Section 196.735 - Labeling of cheese.
Section 196.740 - Labeling for shipments of skimmed milk.
Section 196.815 - Receptacles defined.
Section 196.820 - Receptacles kept clean.
Section 196.825 - Return of shipping containers.
Section 196.830 - Receptacle cleaned and returned to distributor.
Section 196.840 - Examination and tuberculin test of cattle, when.
Section 196.845 - Violation a misdemeanor.
Section 196.851 - Applicability — purpose of law.
Section 196.856 - Definitions of products subject to law.
Section 196.872 - Rules and regulations for minimum sanitation to be established, procedure.
Section 196.886 - Sale regulations — labeling.
Section 196.895 - Violation of law a misdemeanor.
Section 196.931 - Definitions.
Section 196.933 - Certain products exempted.
Section 196.937 - Penalty — violation by employee is violation by employer.
Section 196.941 - State milk board, membership, qualifications, appointment.
Section 196.945 - Inspection fee, payable when — hearing and notice before fee established.
Section 196.949 - State inspection of milk or milk products not required, when.
Section 196.951 - State milk board official rating agency — survey made, when, how.
Section 196.953 - Injunctive relief authorized.
Section 196.955 - Valid grade A milk permit holder may continue to sell grade A milk.
Section 196.957 - Only one inspection required.
Section 196.959 - Appeal from order or regulation of board, how taken.
Section 196.970 - Citation of law.
Section 196.973 - Definitions.
Section 196.976 - Prescription drug repository program established, criteria.
Section 196.981 - Immunity from civil or criminal liability, when.
Section 196.984 - Administrative rules, authority to promulgate.
Section 196.1000 - Definitions.
Section 196.1003 - Requirements.
Section 196.1020 - Definitions.
Section 196.1026 - Nonresident or foreign nonparticipating manufacturers, requirements.
Section 196.1100 - Trust fund established, purpose — reversion to general revenue prohibited.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1127 - Appropriation to board subject to certain requirements.