Effective - 01 Jan 1998, 2 histories
266.210. Penalties, appeals, how taken. — 1. Any person who knowingly or recklessly violates any of the provisions of sections 266.152 to 266.220 is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.
2. Nothing in sections 266.152 to 266.220 shall be construed as requiring the director or the director's representative to:
(1) Report for prosecution; or
(2) To institute seizure proceedings; or
(3) Issue a withdrawal from distribution order, as a result of minor violations of sections 266.152 to 266.220, or when the director believes the public interest will best be served by suitable notice of warning in writing.
3. The director may report any violation of the provisions of sections 266.152 to 266.220 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on the request of the director, the attorney general shall so act; however no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or the director's duly authorized agent, to introduce evidence either in person or by agent or attorney at an informal hearing. If, after such hearing, or without such hearing in case the defendant or the defendant's agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, the director shall proceed as herein provided.
4. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of sections 266.152 to 266.220 or any rule or regulation promulgated under sections 266.152 to 266.220 notwithstanding the existence of other remedies at law.
5. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of sections 266.152 to 266.220 may appeal the same according to the procedures established by chapter 536.
6. Any person who uses to such person's own advantage, or reveals to other than the director or officers of the department of agriculture or to the courts when relevant in any judicial proceedings, any information acquired under the authority of sections 266.152 to 266.220, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor, but this prohibition shall not be deemed as prohibiting the director or his duly authorized agents from exchanging information of a regulatory nature with duly appointed officials of the United States, or of other states, who are similarly prohibited by law from revealing this information.
--------
(L. 1972 S.B. 506 § 14, A.L. 1997 H.B. 211)
Effective 1-01-98
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Chapter 266 - Seeds, Fertilizers and Feeds
Section 266.011 - Short title.
Section 266.021 - Definitions.
Section 266.031 - Permits required, fees, terms — penalty for late application.
Section 266.040 - Limit to number of free tests — regulations authorized — fee for excess.
Section 266.051 - Label requirements for agricultural seeds.
Section 266.061 - Contents of statement on label or tag.
Section 266.071 - Sales, offers for sale and acts prohibited.
Section 266.076 - Records required — inspection — retention.
Section 266.095 - Seed certification agency, designation.
Section 266.101 - Seed subject to seizure, when — proceedings — disposition of condemned seed.
Section 266.105 - Injunctive relief — bond required.
Section 266.152 - Title of law.
Section 266.155 - Director of agriculture to administer.
Section 266.160 - Definitions.
Section 266.170 - Commercial feed, how labeled.
Section 266.175 - Misbranding, what constitutes.
Section 266.180 - Adulterated feed, what constitutes.
Section 266.185 - Prohibited acts.
Section 266.195 - Director may make rules, may adopt definitions — rulemaking, procedure.
Section 266.200 - Inspections, how made — sampling and analysis, how conducted.
Section 266.210 - Penalties, appeals, how taken.
Section 266.215 - Cooperation authorized, when.
Section 266.220 - Annual report by director required.
Section 266.291 - Definitions.
Section 266.301 - Permit required to sell fertilizer — application.
Section 266.311 - Sale of misbranded fertilizer prohibited.
Section 266.321 - Information required on containers.
Section 266.331 - Sales to be reported — fees.
Section 266.343 - Penalties for deficiency in fertilizer.
Section 266.347 - Penalties payable to purchaser or director, collection procedure.
Section 266.351 - Violation a misdemeanor.
Section 266.361 - Definitions.
Section 266.371 - Sale of injurious or deleterious substance unlawful.
Section 266.380 - False or misleading statements unlawful.
Section 266.390 - Penalties for violations — prosecutor to enforce.
Section 266.400 - Violations may be enjoined.
Section 266.410 - Garbage defined.
Section 266.420 - Untreated garbage not to be fed, exception.
Section 266.430 - Permit required for feeding garbage — fee — issuance of permit.
Section 266.440 - Sale, transportation and purchase of garbage-fed swine prohibited.
Section 266.450 - Law may be enforced by injunction.
Section 266.460 - Violation a misdemeanor, what constitutes offense.
Section 266.500 - Short title.
Section 266.505 - Definitions.
Section 266.510 - Sale of noncomplying material prohibited — exception.
Section 266.515 - Permit required, annual expiration date.
Section 266.520 - Certification to be filed, when, contents — fee — funds collected, how used.
Section 266.525 - Quality standards for agricultural liming materials.
Section 266.530 - Samples, how taken, number required.
Section 266.535 - Samples, how analyzed, results to producer and director.
Section 266.540 - Certification of analysis — final responsibility for effectiveness with producer.
Section 266.543 - Advisory council, appointment, qualifications, terms, expenses, duties, vacancies.
Section 266.545 - Rules, procedure — director's powers.
Section 266.550 - Instrument of sale, information to be shown on.