Effective - 28 Aug 2016, 2 histories
266.347. Penalties payable to purchaser or director, collection procedure. — 1. The penalties assessed under section 266.343 shall be paid by the distributor to the purchaser of such fertilizer, and in the event such purchaser cannot be ascertained, then said penalty shall be paid to the director under section 266.331 and shall be used in accordance with the provisions of such section.
2. Where the preliminary analysis shows that a fertilizer has a potential plant food deficiency, the distributor shall be provided preliminary notification within two business days by telephone or email in addition to a notification letter delivered by mail. Once the analysis is certified, a written certification of penalties assessed under section 266.343 shall be mailed to the distributor liable for the penalty.
3. Any decision, finding, order or ruling of the fertilizer control board made pursuant to the provisions of sections 266.291 through 266.351 shall be subject to judicial review in the manner provided by chapter 536.
4. If any distributor shall fail to pay any penalty assessed after the time for judicial review has expired, or after any judgment or decree approving such assessment has become final, the person entitled to such penalty under the provisions of subsection 1 shall be entitled to bring a civil action to recover the same, and in such civil action such persons shall be entitled to recover from the distributor the amount of the penalty, a reasonable attorney's fee and costs of the action.
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(L. 1959 H.B. 236 § 266.350, A.L. 2016 S.B. 655)
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.