Effective - 28 Aug 1963
416.450. Complaints, investigation by director — actions to restrain violations. — In any case in which a complaint is made in writing to the director by a person claiming to be injured because milk products are being offered for sale or sold in violation of the provisions of sections 416.410 to 416.560, or in which such violations are apparent to the director, the director shall forthwith cause an investigation to be made of the complaint, and if, in the judgment of the director, the investigation reveals that there is probable cause for the complaint, the director shall call upon the attorney general or the prosecuting attorney of any county in which a violation of the provisions of sections 416.410 to 416.560 occurs to institute an injunction suit in a court of competent jurisdiction of the county in which the alleged violations took place to restrain the violations of sections 416.410 to 416.560 as may be revealed by the investigation; and it is the duty of the attorney general or prosecuting attorney to institute and prosecute the injunction suits.
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(L. 1959 H.B. 255 § 9, A.L. 1963 p. 643)
(1963) Prior to amendment of this section in 1963, held that the filing of a written complaint by some person claiming to be injured with the director of the department of agriculture and the posting of a bond were conditions precedent to the maintenance of an injunction proceeding by the director for violation of section 416.425. State ex rel. Thomason v. Roth (Mo.), 372 S.W.2d 94.
(1968) Below cost sale of milk for four day period as a sales promotion does not entitle director to injunction. State ex rel. Davis v. Thrifty Foodliner, Inc. (Mo.), 432 S.W.2d 287.
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 416 - Monopolies, Discriminations and Conspiracies
Section 416.011 - Title of act.
Section 416.021 - Definitions.
Section 416.031 - Restraint of trade prohibited.
Section 416.041 - Exempt organizations and activities.
Section 416.051 - Penalties — attorney general to prosecute — civil penalty for contempt.
Section 416.071 - Injunctive relief by circuit courts authorized.
Section 416.081 - Antitrust revolving fund — how used — source of funds.
Section 416.111 - Refusal to testify prohibited — criminal immunity granted.
Section 416.121 - Who may sue — prevailing plaintiff to be awarded attorney's fees and costs.
Section 416.141 - How construed as to comparable federal acts.
Section 416.151 - State's remedies to be cumulative — only one monetary recovery on any one act.
Section 416.161 - Severability clause.
Section 416.410 - Definitions.
Section 416.415 - Selling or advertising milk at less than cost prohibited — evidence.
Section 416.420 - Discrimination in price between localities — evidence.
Section 416.425 - Sales by retailers at less than cost — evidence.
Section 416.430 - Sale by bulk milk handler at less than cost — evidence.
Section 416.435 - Sales of milk in combination with other products at less than cost — evidence.
Section 416.445 - Sales and advertisements exempt from law, when.
Section 416.450 - Complaints, investigation by director — actions to restrain violations.
Section 416.455 - Person injured by violation may intervene in or bring injunction action.
Section 416.460 - Rules, authority, promulgation, procedure.
Section 416.465 - Director may subpoena and swear witnesses — enforcement of subpoena.
Section 416.470 - Director may employ auditing firm.
Section 416.475 - Bond of complainant, liability.
Section 416.480 - Remedies exclusive.
Section 416.485 - Actions barred, when.
Section 416.495 - Milk control fund, source and purpose.
Section 416.500 - Nonresident manufacturers, processors and distributors to pay license fee.
Section 416.505 - Operation without license enjoined — "stop-sale" orders, issuance — appeal.
Section 416.510 - Nonresident subject to Missouri judicial process, when.
Section 416.515 - Process, form.
Section 416.520 - Service of process, how made.
Section 416.525 - Notice of service of process, form.
Section 416.530 - Personal service authorized, how served.
Section 416.535 - Proof of service by mailing.
Section 416.540 - Provisions for service on nonresidents in addition to other methods.
Section 416.545 - Venue of actions.
Section 416.550 - Continuance of action as to nonresident.
Section 416.555 - Secretary of state to keep record of process.
Section 416.560 - Secretary of state's fee as costs.
Section 416.600 - Citation of law.
Section 416.605 - Definitions.
Section 416.610 - Transfer prices, public disclosure required.
Section 416.615 - Sale below cost or at lower price, prohibited when.
Section 416.620 - Allowable practices.
Section 416.635 - Civil action by injured party authorized.
Section 416.654 - Cause of action available to targets of bad faith assertions.
Section 416.656 - Attorney general's authority — awards credited to antitrust revolving fund, when.
Section 416.658 - Other remedies not limited — inapplicability of act, when.