Effective - 02 Apr 1997
276.511. Classification of dealers. — 1. For the purpose of regulation, all dealers shall be classified according to their type of business operation.
2. Dealers that meet the requirements set forth below may be classified as class I dealers:
(1) Each class I grain dealer must have and maintain a net worth equal to the greater of fifty thousand dollars or two percent of grain purchases;
(2) Each class I grain dealer shall be open for business every business day for a period of not less than six hours between the hours of 8:00 a.m. and 6:00 p.m., except as provided in subdivision (3) of this subsection. The dealer shall keep conspicuously posted on the door of the public entrance to his office a notice showing the hours during which the business will be kept open, except when such business is kept open continuously from 9:00 a.m. to 4:00 p.m.;
(3) In case the dealer's office is not to be kept open as required by subdivision (2) of this subsection, the notice posted as prescribed in that subdivision shall state the period during which the business is to be closed and the name of an accessible person, with the address where he is to be found, and the telephone number, if any, of whom shall be authorized to pay for grain sold to such dealer business.
3. Dealers also licensed as warehousemen under chapter 411 or under the United States Warehouse Act that do not meet the requirements of class I dealers are class II dealers.
(1) Each class II grain dealer shall be open for business every business day for a period of not less than six hours between the hours of 8:00 a.m. and 6:00 p.m., except as provided in subdivision (2) of this subsection. The dealer shall keep conspicuously posted on the door of the public entrance to his office a notice showing the hours during which the business will be kept open, except when such business is kept open continuously from 9:00 a.m. to 4:00 p.m.;
(2) In case the dealer's office is not to be kept open as required by subdivision (1) of this subsection, the notice posted as prescribed in that subdivision shall state the period during which the business is to be closed and the name of an accessible person, with the address where he is to be found, and the telephone number, if any, of whom shall be authorized to pay for grain sold to such dealer business.
4. Dealers using physical facilities, in which bulk grain may be stored or held, in the operation of their dealer business, maintaining* an office, and not licensed as a warehouseman under chapter 411, or the United States Warehouse Act, may be classified by the director as class III grain dealers.
(1) Each class III grain dealer shall be open for business every business day for a period of not less than six hours between the hours of 8:00 a.m. and 6:00 p.m., except as provided in subdivision (2) of this subsection. The dealer shall keep conspicuously posted on the door of the public entrance to his office a notice showing the hours during which the business will be kept open, except when such business is kept open continuously from 9:00 a.m. to 4:00 p.m.;
(2) In case the dealer's office is not to be kept open as required by subdivision (1) of this subsection, the notice posted as prescribed in that subdivision shall state the period during which the business is to be closed and the name of an accessible person, with the address where he is to be found, and the telephone number, if any, of whom shall be authorized to pay for grain sold to such dealer business.
5. Dealers primarily engaged in the trucking or transportation business, who incidental to or as a part of such business buy or sell grain, may be classified by the director as class IV dealers.
6. Notwithstanding subdivision (18) of subsection 4 of section 276.401 to the contrary, dealers whose grain transactions are only comprised of sales of grain from their own farming operations may apply for a class V grain dealers license.
7. All dealers who are not class I, II, III, IV or V dealers are class VI dealers.
8. The director may establish, by rule or regulation, additional requirements for the regulation of all classes of grain dealers. Such rules and regulations shall not be inconsistent with the provisions of sections 276.401 to 276.582.
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(L. 1980 H.B. 1627 § 23, A.L. 1986 H.B. 1578, A.L. 1997 H.B. 211)
Effective 4-02-97
*Word "maintain" appears in original rolls.
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Chapter 276 - Stockyards, Grain and Produce Exchanges
Section 276.010 - Stockyard deemed public market and subject to law.
Section 276.020 - Associations to operate public market — rights of members.
Section 276.040 - Unlawful to discriminate.
Section 276.050 - Agreement limiting distribution of profits by members prohibited.
Section 276.060 - Attorney general to bring suit in cases of violation.
Section 276.070 - Violation may be enjoined.
Section 276.080 - When deemed guilty of a misdemeanor — subject to fine.
Section 276.090 - Grain exchange deemed public market and subject to law.
Section 276.100 - Organization may make and enforce bylaws and rules.
Section 276.130 - Attorney general to bring suit — court may issue injunction.
Section 276.140 - Violation is cause for enjoining operation.
Section 276.150 - Violation a misdemeanor.
Section 276.160 - Poultry and egg exchanges deemed public markets and subject to law.
Section 276.170 - Organizations may make and enforce bylaws and rules.
Section 276.200 - Unlawful to discriminate.
Section 276.210 - Attorney general to bring suit — court may issue injunction.
Section 276.220 - Violation may be enjoined.
Section 276.230 - Violation a misdemeanor.
Section 276.401 - Title, and scope of the law — definitions.
Section 276.403 - Purpose and construction of law.
Section 276.441 - Dealer may request use of minimum bond, procedure.
Section 276.471 - Records to be maintained by dealer — retention for inspection.
Section 276.476 - Auditors may be appointed — highway patrol to cooperate.
Section 276.511 - Classification of dealers.
Section 276.521 - Grain purchase contracts — form to be prescribed by director.
Section 276.531 - Nonresident licensee to designate resident agent — agent to forward notices.
Section 276.536 - Penalties — attorney general and prosecutors may prosecute upon complaint.
Section 276.541 - Director not to be interested in grain buying.
Section 276.546 - State not guarantor.
Section 276.551 - Information confidential, exceptions.
Section 276.556 - Hearings, director to promulgate rules.
Section 276.561 - Formal notices may be eliminated, when — parties may resolve differences.
Section 276.566 - Director may contract with other states regarding uniform procedures.
Section 276.576 - Satisfaction of bonding requirements.
Section 276.581 - Bonds may be copayable to another state.
Section 276.600 - Short title.
Section 276.606 - Definitions.
Section 276.611 - Dealers to register with director.
Section 276.615 - Records to state veterinarian, when.
Section 276.621 - Violations of chapter.
Section 276.626 - Powers and duties of director — rules and regulations.
Section 276.641 - Records, dealer to keep.
Section 276.646 - Director granted subpoena power — venue, where.
Section 276.661 - Director may petition for injunctive relief, how.