Missouri Revised Statutes
Chapter 263 - Insect Pests and Weeds
Section 263.070 - Inspection fees — nurseries and nursery dealers registration inspection certificates, requirements, expire when — disposition of fees.

Effective - 01 Jan 1985
263.070. Inspection fees — nurseries and nursery dealers registration inspection certificates, requirements, expire when — disposition of fees. — 1. A schedule of fees to defray the cost of inspecting greenhouses, nurseries, nursery dealers, nursery stock, plants, plant products and other materials is hereby established and shall be listed in the rules made pursuant to sections 263.010 to 263.180. This fee schedule may be revised from time to time to more accurately reflect the actual cost of these inspections.
2. Greenhouse inspection shall be optional and any grower of greenhouse plants who may desire or find need for a certificate of greenhouse inspection may obtain semiannual inspection of his greenhouse, premises and plants, by making application to the state entomologist. This semiannual inspection and certification of greenhouses shall be performed under the same general provisions as apply to the annual inspection of nurseries. Greenhouse inspection certificates shall expire on November thirtieth of each year.
3. All nurseries in this state shall be inspected at least once each year to ascertain whether they are infested or infected with plant pests. Upon full payment of the fee each nurseryman shall receive a written notice of the findings of such inspection along with a nursery inspection certificate; except that, the state entomologist may withhold certification of a nursery pending eradication of extremely serious or abundant plant pests or weeds of such nature which would prevent the adequate inspection of such nursery. This certificate shall be used in connection with the shipment or movement of any nursery stock shown to be apparently free of harmful and destructive plant pests or other nursery stock from which harmful and destructive plant pests have been eliminated. All nursery inspection certificates shall expire on September thirtieth of each year. Each nursery shall be allowed one retail sales outlet per certificate. Additional outlets shall require separate nursery dealer registration-inspection certificates. When the findings of the annual inspection of a nursery shall in the opinion of the state entomologist warrant such action, additional inspections of the nursery may be made and the nursery may be charged a fee sufficient to cover the cost of such reinspection.
4. By notice in writing the state entomologist may require a nurseryman to hold any variety or any amount of nursery stock for inspection or reinspection by quarantining such nursery stock whenever such action is necessary to determine that it is free from pests or to allow time to eradicate any such pests. The state entomologist may further order the removal from sale and the treatment or destruction of any nursery stock infested or infected with especially injurious pests or nursery stock which is not viable or is in such damaged or desiccated condition as to be incapable of reasonable growth. No compensation shall be paid for any stock ordered destroyed.
5. (1) Each nursery dealer, before selling or offering for sale or otherwise distributing nursery stock within this state, shall annually obtain a nursery dealers' registration-inspection certificate for each individual location from which the dealer sells or offers for sale nursery stock. Each nursery dealer shall make application on forms to be provided by the state entomologist for each individual location, which shall include:
(a) The name and complete address of the nursery dealer's place of business for which such certificate is requested;
(b) A declaration that applicant will obtain and distribute only inspected and certified nursery stock; and
(c) An up-to-date listing of all sources from which he secures nursery stock.
(2) Each nursery dealer shall pay, at the time of making application, the annual registration-inspection fee as set forth in the rules made pursuant to sections 263.010 to 263.180.
(3) All nursery dealer registration-inspection certificates shall expire on September thirtieth of each year.
(4) The state entomologist may inspect or cause to be inspected the premises of any nursery dealer including any sales yard, packing shed, nursery stock on hand or equipment, for the presence of dangerous and destructive plant pests which may be disseminated on nursery stock.
6. By notice in writing the state entomologist may require a nursery dealer to hold any variety or any amount of nursery stock by quarantining such nursery stock whenever such action is necessary to determine that it is free from pests or to allow time to eradicate any such pests. The state entomologist may further order the removal from sale and the treatment or destruction of any nursery stock infested or infected with especially injurious pests, or nursery stock which is not viable or is in such damaged or desiccated condition as to be incapable of reasonable growth. No compensation shall be paid for any stock ordered destroyed.
7. Any person in need of a special inspection and certification of nursery stock, other plants or plant products may upon request to the state entomologist have same inspected for plant pests. A fee sufficient to cover the cost of such inspection or certificate, or both, may be charged. Upon completion of the inspection and payment of the fee, a certificate of inspection shall be issued provided the plants or plant products are free of harmful plant pests. The state entomologist may enter into agreements with various persons or companies, to carry out the requirements of this state and importing states or countries.
8. All moneys received for any inspection fee or other receipts under this law shall be deposited in the state treasury and shall be subject to appropriation by the general assembly.
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(RSMo 1939 § 14038, A.L. 1959 H.B. 462, A.L. 1961 p. 17, A.L. 1984 S.B. 516)
Effective 1-01-85

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVII - Agriculture and Animals

Chapter 263 - Insect Pests and Weeds

Section 263.010 - Title of law.

Section 263.020 - Definitions.

Section 263.030 - Appointment of state entomologist — qualifications — employees.

Section 263.040 - Rules and regulations.

Section 263.050 - Inspection, enforce quarantine regulations — power to call meetings — rulemaking, procedure.

Section 263.060 - Right of entry.

Section 263.070 - Inspection fees — nurseries and nursery dealers registration inspection certificates, requirements, expire when — disposition of fees.

Section 263.080 - Plant pests, control, noncomplying owner, action by inspectors — lien for expenses.

Section 263.100 - Shipping tag to show what.

Section 263.110 - Inspection of plants before sale or shipment — fees — exceptions.

Section 263.130 - Establishment of quarantine — rules and regulations.

Section 263.140 - Restrictive and control measures — adoption and enforcement.

Section 263.145 - Plant disease and insect inspection — confiscation and destruction — highway patrol or other law enforcement officers to assist in enforcement.

Section 263.150 - Review of order granted, when — rules, procedure.

Section 263.180 - Penalty.

Section 263.190 - Owners to control noxious weeds — notice procedure — penalty — sale of noxious weeds prohibited.

Section 263.200 - County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions.

Section 263.220 - Duty of prosecuting attorney.

Section 263.240 - Penalty for violation.

Section 263.243 - State agency purchasing seed from nondomestic source containing noxious weeds, liability.

Section 263.245 - Brush adjacent to county roads, to be removed subject to voter approval, certain counties — county commission may remove brush, when, procedures, certain counties — county right-of-way or maintenance easement, distance.

Section 263.247 - Brush control, county option, certain counties — election to discontinue enforcement of weed control program.

Section 263.250 - Marijuana plant to be destroyed — county commission to destroy, when.

Section 263.255 - County election on enforcement of Johnson grass control law, notice, ballot, effect.

Section 263.257 - Director of agriculture to exterminate Johnson grass, when — county weed control board, appointment, expenses.

Section 263.259 - Duties of state director of agriculture — inspection by county weed control board.

Section 263.261 - Duties of public utilities and government agencies as to Johnson grass.

Section 263.262 - Johnson grass declared nuisance, where — abatement.

Section 263.265 - Tax for control of Johnson grass — state transportation department to pay costs.

Section 263.266 - Approved eradication methods to be followed.

Section 263.267 - County's classification as Johnson grass extermination area terminated, how.

Section 263.452 - Declaration of commission, when — election, procedure.

Section 263.454 - Declaration as noxious weed control area, notice, duties of property owners — county weed control board, appointment, members, duties, compensation, terms.

Section 263.456 - Duties of county weed control board — director of agriculture to cooperate with governmental agencies — inspection of lands, notice, immunity, liability, indemnification, landowner duty of care — expenses of control, special tax, li...

Section 263.458 - Public utilities, department of transportation, department of natural resources, department of conservation, United States government, and railroads duties in noxious weed control areas.

Section 263.460 - Noxious weeds as public nuisance — action to enjoin nuisance, venue, parties, notice.

Section 263.462 - Tax may be assessed by county commission, township board and special road district — transportation department property, costs — county commission may share costs with landowners.

Section 263.464 - Chemicals and biological agents, approval of required.

Section 263.466 - Termination of classification as noxious weed control area.

Section 263.468 - County noxious weed fund may be established — program required — funding — orders.

Section 263.470 - Prohibition, Johnson grass extermination area.

Section 263.472 - Conversion of Johnson grass extermination area to noxious weed control program — election, procedure.

Section 263.474 - Public and private standards of control.

Section 263.500 - Law, how cited.

Section 263.503 - Definitions.

Section 263.505 - Rules, authority for — procedure to adopt, suspend and revoke.

Section 263.507 - Department of agriculture — powers and duties.

Section 263.509 - Director's right to enter premises to eradicate and inspect, requirements — court may issue a warrant for right of entry, when.

Section 263.512 - Cotton growers to furnish department with size and location of all cotton fields and patches.

Section 263.515 - Quarantined areas, authority from regulations by department — articles from other states regulated.

Section 263.517 - Eradication zones established, authority for — regulations — publication of notice in affected areas — violations, authority to destroy cotton.

Section 263.520 - Eradication zones, authority of department to treat with pesticides or destroy — cotton planted after notice, no payment for losses — payment if cotton planted before notice.

Section 263.523 - Cotton growers' organization, certification by department, requirements — board of directors, appointment, qualifications, terms — audit by department.

Section 263.525 - Certification of organization — purpose — revocation, when.

Section 263.527 - Regional referendum on assessment for costs of eradication — assessment basis — voting procedure — deposit of funds collected — annual audit.

Section 263.529 - Referendum under direction of organization — expenses, how paid.

Section 263.531 - Referendum defeated — organization may call other referendums — assessment retention to be subject to vote every ten years.

Section 263.534 - Failure to pay assessment, penalties and interest — lien also authorized on cotton crop subject to assessment, priority of lien.

Section 263.537 - Boll weevil suppression and eradication fund established, purpose — department may retain amount to cover costs of administration — reversion to general revenue prohibited.