Effective - 28 Aug 1995
416.490. License required for manufacturer, processor or distributor, exception, expires when, fee — revocation, procedure — rules. — 1. It is unlawful for any person to operate a milk or milk products manufacturing or processing plant or to act as a distributor within this state unless licensed under the provisions of sections 416.410 to 416.560; provided, however, that no such license shall be required for the distribution of cottage cheese.
2. Each license is issued on July first of each year and must be conspicuously posted in the place of business to which it applies. A license is issued upon satisfactory application to the director, accompanied by a license fee based upon the amount of sales during the previous calendar year ending on December thirty-first of milk products except cottage cheese, and the license fee is equivalent to not more than one-half cent per hundred weight of the sales of milk products.
3. The director shall set the amount of the license fee for manufacturing and processing plants at least yearly, upon hearing, not to exceed one-half cent per hundred weight, and may set a licensing fee for distributors not to exceed three dollars per year or in the amount only as is necessary to carry out the provisions of sections 416.410 to 416.560.
4. The director is hereby authorized and empowered to suspend or revoke the license of any person who acts as a distributor or who operates a milk or milk products manufacturing or processing plant which is subject to the provisions of sections 416.410 to 416.560 and whether located inside or outside the state of Missouri, or to refuse to issue a license to any applicant therefor if the director, after a public hearing, has found that the applicant has violated any of the provisions of sections 416.410 to 416.560, or the rules and regulations adopted hereunder. No rule or portion of a rule promulgated under the authority of sections 416.410 to 416.560 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024. Any applicant shall have full rights to counsel, to produce witnesses in his behalf at the hearing, and to have ten days' notice in writing of the date, time and place of the hearing, and the charges and grounds upon which his license is sought to be revoked or suspended, or to be refused a license. The order of suspension, revocation, or refusal to issue a license, shall not become final until ten days after the date thereof, and after the party to the proceeding has been notified in writing of the action of the director. Any party to the proceedings that is aggrieved by any final decision or order of the director may appeal the order in the manner provided for appeals in the administrative procedure law of Missouri.
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(L. 1959 H.B. 255 § 17, A.L. 1963 p. 643, A.L. 1982 H.B. 1100, A.L. 1995 S.B. 3)
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.