Effective - 28 Aug 1999
265.289. Department to enforce provisions — violations, procedure, penalty. — 1. The department of agriculture shall enforce the provisions of sections 265.280 to 265.289.
2. Any person found to be in violation of any provision of sections 265.280 to 265.289 shall be issued a notice of violation. The notice shall state the date issued, the name and address of the person to whom issued, the nature of the violation, the statute or regulation violated, and the name and position of the person issuing the notice. The notice shall also contain a warning that the violation may result in an informal or formal administrative hearing or both.
3. Any person issued a notice of violation may be afforded an opportunity by the director of the department of agriculture to explain such facts at an informal hearing to be conducted within fourteen days of such notification. In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to an alleged violation, such person may be summoned to a formal administrative hearing before the director or a designated hearing officer conducted in conformance with chapter 536, and if found to have committed two or more violations within twelve months, may be ordered to cease and desist from such violations, such order may be enforced in the circuit court, and, in addition, may be required to pay a penalty of not more than five hundred dollars per violation. Any party to such hearing aggrieved by a determination of a hearing officer may appeal to the circuit court of the county in which the party resides, or if the party is the state, in Cole County, in accordance with chapter 536.
4. Any penalty assessed and collected by the director shall be deposited with the state treasurer to the credit of the general revenue fund of the state.
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(L. 1999 S.B. 310 § 10)
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Chapter 265 - Regulation and Marketing of Agricultural Products
Section 265.010 - Definitions.
Section 265.020 - Director to promulgate standards — rulemaking, procedure.
Section 265.030 - Director to specify dates when standards become effective.
Section 265.040 - Authorized to cooperate with United States or any department.
Section 265.050 - Appointment of agents — bond — action on bond.
Section 265.060 - Appointment of inspectors — fees — suspension or revocation of license.
Section 265.070 - Appeal of inspector's decision — reasonable fee.
Section 265.080 - Certificate to be prima facie evidence.
Section 265.110 - Misrepresentation of grade, classification, quality or condition — penalty.
Section 265.120 - Rules for grading apples.
Section 265.130 - Apples — how marked — exemptions — penalty for violation.
Section 265.140 - Director to enforce — powers.
Section 265.150 - Merchandising fee imposed — exemptions.
Section 265.160 - Fees, when due — installment payments — records and reports of growers — penalty.
Section 265.170 - Unpaid fees to bear interest — manner of collection.
Section 265.180 - Creation of apple merchandising fund, not transferable.
Section 265.190 - Expenditure of moneys.
Section 265.200 - Powers and duties of Missouri state horticultural society.
Section 265.210 - Duty of state and county officers.
Section 265.220 - Prosecutions, procedure.
Section 265.280 - Definitions.
Section 265.283 - Sale of fresh meat from a foreign nation, when.
Section 265.286 - Label to include country of origin.
Section 265.289 - Department to enforce provisions — violations, procedure, penalty.
Section 265.300 - Definitions.
Section 265.310 - All commercial slaughter plants and meat processors regulated.
Section 265.320 - Certain operations exempted.
Section 265.330 - Meats section created — head of section, appointment, qualifications, duties.
Section 265.340 - Inspection supervisors, appointment, number, qualifications, compensation.
Section 265.350 - Inspectors, how assigned, duties.
Section 265.360 - Inspections, when conducted.
Section 265.380 - Unwholesome or adulterated meat to be marked, how.
Section 265.400 - Labels must be approved — appeal from director's determination.
Section 265.410 - License required, application, fee.
Section 265.420 - Records required, inspection permitted, records to be retained.
Section 265.430 - Federal or other approved inspection basis for exemption.
Section 265.440 - Inspector may serve two or more plants.
Section 265.444 - Stop-sale order, when — seizure of product when, appeal.
Section 265.450 - Violation basis for suspension or refusal to license.
Section 265.460 - Operation without license or selling adulterated or misbranded meat, penalty.
Section 265.471 - Rules, Federal Meat Inspection Act.
Section 265.490 - Definitions.
Section 265.492 - Meat advertising to be truthful, accurate.
Section 265.494 - Prohibited practices, required disclosures.
Section 265.497 - Inspections, department of agriculture.
Section 265.499 - Remedies not to be exclusive, certain grocery retailers to be exempt.
Section 265.505 - Duties and powers of director of the department of agriculture.
Section 265.510 - Violation, penalty for.