Missouri Revised Statutes
Chapter 263 - Insect Pests and Weeds
Section 263.534 - Failure to pay assessment, penalties and interest — lien also authorized on cotton crop subject to assessment, priority of lien.

Effective - 28 Aug 2004
263.534. Failure to pay assessment, penalties and interest — lien also authorized on cotton crop subject to assessment, priority of lien. — 1. A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under sections 263.500 to 263.537 shall be subject to a per-acre penalty as established in the department's regulations, in addition to the assessment.
2. A cotton grower who fails to pay all assessments, including penalties, within thirty days of notice of penalty, shall destroy any cotton plants growing on his acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance.
3. The department may petition the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed with all costs of destroying to be levied against the grower. Injunctive relief shall be available to the department notwithstanding the existence of any other legal remedy, and the department shall not be required to file a bond.
4. In addition to any other remedies for the collection of assessments, including penalties and interest, the department shall have an assessment lien that attaches and is perfected sixty days after the date the department mails notice of the assessment and shall cover any cotton crop grown by the grower, including future crops, and the proceeds of the cotton sale, until the assessment, including penalties and interest, is paid in full. The department shall notify the farm service agency and first handlers of cotton, including buyers, lienholders on the cotton, and ginners, of liens attached within thirty days of the date of perfections. This assessment lien is not an agricultural lien for purposes of, and is not subject to the provisions of Article 9 of the Uniform Commercial Code-Secured Transactions, as embodied in sections 400.9-101 to 400.9-508. Such lien shall attach in preference to any prior lien, encumbrance or mortgage upon such cotton.
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(L. 1995 S.B. 66 § 15, A.L. 2004 S.B. 740, et al.)

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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.