Effective - 01 Jan 1985
263.140. Restrictive and control measures — adoption and enforcement. — 1. Whenever the state entomologist shall find that there exists in this state or any part thereof a dangerous plant pest new to the state, which, for the protection of plants and plant products within the state, should be prevented from spreading and be controlled or eradicated, the state entomologist shall adopt and carry out such restrictive and control measures as may be deemed necessary and advisable and may cooperate with other state agencies and with the United States Department of Agriculture.
2. The state entomologist may promulgate rules establishing quarantines and quarantine restrictions covering areas in the state affected by plant pests, and other areas within the state adjacent thereto which are likely to be affected with such pests.
3. Under such quarantines the state entomologist or authorized personnel may prohibit and prevent the movement, shipment or transportation without inspection of any plants or plant products or any other material or article of any character capable of carrying such pests in any living state of its development, originating in or which have been stored in such quarantined areas or in any area outside of the state infested with such pest, except under such conditions as the state entomologist may prescribe as to inspection, treatment and certification. In carrying out the provisions of this section the state entomologist or authorized personnel may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers whether air, land or water, and may open and inspect any container believed or known to be carrying such pest in any living stage of its development. Any plants or plant products or other materials or articles moved, shipped, or transported in violation of such quarantine may be seized and treated, destroyed or otherwise disposed of in accordance with the instructions of the state entomologist.
4. Under such quarantines the state entomologist may prohibit the use of any farm practice or operation within the quarantined area which favors the development of such pest and may specify and require in such area the use of specific operations and procedures in disposing of weeds and crop residues, in the treating and handling of seeds, growing crops, or harvested products, machinery and any other property, or in planting and harvesting crops, as may be necessary to effectively destroy or prevent the development of such pest, and it shall be the duty of the owner or person in charge of lands and crops and other things connected therewith within such quarantined area, upon due notice, to refrain from such prohibited practices and operations and to take such action as is required within the time limit specified and in the manner designated by the state entomologist.
5. In case the owner or the person in charge of such lands, crops or other materials within the quarantined area shall neglect or refuse to carry out the instructions of the state entomologist contained in such notice within the time limit specified, the state entomologist or authorized personnel may take the action so required, and the state entomologist shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred in the same manner as liens are had and enforced upon buildings and lots, wharves and piers for labor and materials furnished by virtue of contract with the owner.
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(RSMo 1939 § 14046, A.L. 1984 S.B. 516)
Prior revision: 1929 § 12379
Effective 1-01-85
Structure 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 263.060 - Right of entry.
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 263.150 - Review of order granted, when — rules, procedure.
Section 263.220 - Duty of prosecuting attorney.
Section 263.240 - Penalty for violation.
Section 263.250 - Marijuana plant to be destroyed — county commission to destroy, when.
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 263.464 - 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 263.474 - 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 263.525 - Certification of organization — purpose — revocation, when.
Section 263.529 - Referendum under direction of organization — expenses, how paid.