Chapter 262 Promotion of Agriculture and Horticulture

262.620 - Notices required, given how.

Steven Groce, Attorney Advertisement

Any public notice required to be given under any of the provisions of sections 262.550 to 262.620 shall be given by publishing a copy thereof for at least one time in a newspaper published within the county and having a general circulation therein and if there be no such newspaper within the county, then in some newspaper having a general circulation within the county.Any notice required to be given to any council member shall be given by personal service or by mailing a copy thereof to the council member, provided that any council member attending any meeting shall be deemed to have waived service of notice of such meeting.No notice shall be required of regular council meetings or of regular meetings of the officers or of any special meeting of the council the date and place of which has been set and recorded in a prior meeting of the council.Any notice to be given to the county commission shall be given by delivery of a copy thereof to the clerk of the commission.Notice to organizations selected by the council to have members on the council and cities and towns entitled to have members on the council shall be given by delivering a copy thereof to the principal officers of the organization or to the mayor of the city or town or by mailing the same to the person to be served.

(L. 1961 p. 7 § 22)

262.520 - Payment of premiums — procedure.

The portion of the proceeds of such levy offered for premiums shall be offered annually for the purposes set out in, and in accordance with, the provisions of sections 262.500 to 262.540.For the purpose of administering the premium fund, authorized by sections 262.500 to 262.540, the county commission is hereby authorized and directed to appoint and designate the secretary of such fair, without salary or other compensation as the agent of the county commission, in the payment of said premiums, which premiums shall be paid by warrants drawn in the same manner as in case of warrants for ordinary running expenses of the county, such warrants to be drawn in favor of the persons entitled thereto and turned over to the secretary of such fair for distribution.

(RSMo 1939 § 14187)

Prior revision: 1929 § 12510

*262.823 - Purpose of the board, goals.

The purpose of the board shall be to further the growth and development of the grape growing industry in the state of Missouri.The board shall have a correlate purpose of fostering the expansion of the grape market for Missouri grapes.To effectuate these goals, the board may:

(1)Participate in cooperation with state, regional, national, or international activities, groups, and organizations whose objectives are that of developing new and better grape varieties to determine their suitability for growing in Missouri;

(2)Participate in and develop research projects on improved wine-making methods utilizing the new grape varieties to be grown in Missouri;

(3)Utilize the individual and collective expertise of the board members as well as experts in the fields of enology and viticulture selected by the board, to update and improve the quality of grapes grown in Missouri and advanced methods of producing wines from these Missouri grapes;

(4)Furnish current information and associated data on research conducted by and for the board to grape growers and vintners in Missouri as well as to interested persons considering entering these fields within the state; and

(5)Participate in subsequent studies, programs, research, and information and data dissemination in the areas of sales, promotions, and effective distribution of Missouri wines, and to oversee and provide any professional or legal services to promote such marketing goals.

(L. 2005 S.B. 355, A.L. 2016 S.B. 994)

*Effective 10-14-16, see § 21.250.S.B. 994 was vetoed July 1, 2016. The veto was overridden on September 14, 2016.

262.020 - Members — organization — order of business.

1.The Missouri state horticultural society shall be composed of such persons as take an interest in the advancement of horticulture in this state who shall apply for membership and pay into the society treasury the sum of one dollar per year, or ten dollars for a life membership, the basis for organization to be the Missouri state horticultural society, as now known and existing, and whose expenses have been borne and annual reports paid for by appropriations from the state treasury.

2.The business of the society, so far as it relates to transactions with the state, shall be conducted by an executive board to be composed of the president, vice president, second vice president, secretary and treasurer, who shall be elected by ballot at an annual meeting of the society; the governor of the state shall be ex officio a member of the board; all other business of the society to be conducted as its bylaws may direct.

3.All appropriations made by the state for the aid of the society shall be expended by means of requisitions to be made by order of the board on the commissioner of administration, signed by the president and secretary and attested with the seal; and the treasurer shall annually publish a detailed statement of the expenditures of the board, covering all moneys received by it.

4.There shall be printed annually, under the direction of the board, such number of reports of the proceedings of the board, society and auxiliary societies as may, in the judgment of the state purchasing agent, be justified by the appropriation made for that purpose by the general assembly, such annual report not to contain more than four hundred pages.

5.The secretary of the society shall receive a salary of eight hundred dollars per annum as full compensation for his services; all other officers shall serve without compensation, except that they may receive their actual expenses in attending meetings of the board.

(RSMo 1939 § 14033, A. 1949 S.B. 1091)

Prior revisions: 1929 § 12366; 1919 § 11954; 1909 § 615

262.320 - Duties of officers.

It shall be the duty of the president to preside at all meetings of the board and of the society, and, in case of his absence, the vice president, and in case of his absence, such other person as the members shall appoint; and it shall be the duty of the secretary to keep a record of the proceedings of the directors and of the society; and the treasurer shall give bond and security, to the acceptance of the board of directors, for the benefit of the society, in such sum as they, or a majority of them, shall determine, conditioned that he will faithfully receive and pay over, on their order, all moneys or other articles, the property of the society, that may come into his hands as treasurer, which bond shall be deposited with the secretary of the board of directors, and the said treasurer shall keep fair and accurate accounts of all moneys and other articles by him received as treasurer, and from whom received, and to whom and for what purpose paid out, and make report of the financial operations of his office as often as may be directed by the board of directors.

(RSMo 1939 § 14164)

Prior revisions: 1929 § 12487; 1919 § 12056; 1909 § 688

262.220 - State fair — establishment — control — condemnation proceedings.

1.For the purpose of encouraging the development of the agricultural, horticultural, mechanical, mineral, livestock production and all other industrial interests of the state of Missouri, there is hereby established a state fair, to be held annually at Sedalia, Missouri, and on the state fairgrounds heretofore conveyed by deeds of conveyance to the state of Missouri and hereafter to be acquired by the state of Missouri as herein provided; and the fair shall be under the control and management of the state fair commission.The commission may lease or purchase such lands, suitable for the use of the state fair, as may be deemed by the commission necessary and proper for such purposes and subject to legislative approval.

2.The purchase of lands by the commission shall be on behalf of the state of Missouri at such terms as the commission may deem fair and reasonable, and a deed or deeds shall be taken therefor to the state of Missouri.

(RSMo 1939 § 14154, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12470; 1919 § 12039; 1909 § 671

262.820 - Board created.

There is hereby created the "Missouri Wine and Grape Board", a body politic and corporate, an independent instrumentality exercising essential public functions, with duties and powers as set forth in sections 262.820 to 262.859.

(L. 2005 S.B. 355)

262.265 - Distribution of pari-mutuel wagering pool if state agency is the licensee.

Those portions of a pari-mutuel wagering pool which are allocated by law or rule of the commission for purse money or for distribution to holders of winning tickets shall not represent revenue collected and moneys received by the state if the organization licensed to conduct pari-mutuel wagering under section 313.580 is a state agency.Such state agency licensee may pay purse money or holders of winning tickets in any manner consistent with rules promulgated by the commission.

(L. 1986 S.B. 572)

Effective 5-06-86

262.261 - State fair escrow fund created, use of moneys.

1.The "State Fair Escrow Fund" is hereby created.Such fund shall be held and maintained by the state fair commission.All ticket sales income pertaining to the Missouri state fair grandstand shows, arena events, and carnival rides shall be deposited into the state fair escrow fund.The fund may receive moneys for specific event purposes, including both off-season and fair events.Such fund may receive gifts, grants, contributions, and funds or benefits from any other source or sources, such as sponsorships and auction proceeds.The money in the state fair escrow fund may be used for paying entertainers, carnival contractors, workers, and other event promoters and may include expenses and equipment.

2.The state fair escrow fund shall be established and operated by the state fair in a separate account and under the direct control of the state fair director and the state fair commission.The provisions of section 30.170 to the contrary notwithstanding, the money in the state fair escrow fund shall be retained outside the control of the state treasury.The provisions of section 33.080 to the contrary notwithstanding, the money in the state fair escrow fund shall be retained for the purposes specified in this section and shall not revert or be transferred to general revenue.The state fair shall keep accurate records of the source of money deposited in the state fair escrow fund and shall allocate funds for the appropriate expenditures.

3.The unexpended balance in the state fair escrow fund at the end of each calendar year shall not exceed the preceding year's expenditures as they are described in subsection 1 of this section.

(L. 2007 H.B. 428)

262.465 - Duties of director before releasing funds.

1.The director or his representative shall before releasing state funds:

(1)Conduct his own inspection to determine that the completed project complies* with the plans and specifications and the original application; and

(2)Determine whether the work has been performed in a manner satisfactory to the director.

2.If the completed project meets the requirements of this section the bills submitted for materials and services will be audited and the county, municipality, or other political subdivision reimbursed for one-half of the costs not to exceed two thousand five hundred dollars in any one fiscal year.

(L. 1973 H.B. 310)

*Word "comply" appears in original rolls.

262.630 - Purpose of law — powers.

For the purpose of encouraging the organization and maintenance of farmers' institute societies, farm bureaus, farmers' clubs, country life clubs, or other organizations which have for their purpose the development of the agricultural resources of a county by holding farmers' institutes or short course studies in agriculture held in cooperation with the state department of agriculture or the college of agriculture, or other constituted authority that may now or hereafter be authorized by law to conduct such meetings, the county commission of any county in this state having a population of less than one hundred thousand inhabitants may and is hereby empowered to appropriate from the county revenue a sum not to exceed a total of one hundred dollars per annum for such purpose.

(RSMo 1939 § 14315)

Prior revisions: 1929 § 12657; 1919 § 12147

262.430 - Societies may unite and form circuit.

1.It shall be lawful for any five or more societies organized under and by virtue of sections 262.290 to 262.540 in the state of Missouri to unite for the purpose of forming a circuit whenever a majority of the board of directors of each of such societies decide to do so.Such circuit and the affairs thereof shall be governed by the several societies therein.The director of agriculture may become one of such members for and on behalf of the Missouri state fair.

2.For the purpose of organizing such a circuit, the president and secretary, or any two members of the board of directors of any five or more societies organized under sections 262.290 to 262.540, including the director of agriculture, may voluntarily meet and perfect the organization of a circuit by adopting a name and electing one of their members as president and another as secretary and another as treasurer of such circuit, and the payment of a membership fee of not less than fifty dollars from each society composing such circuit, including said state fair.

3.After the completion of such organization, a statement of the proceedings shall be signed by all the representatives present, setting forth in such statement that such meeting was held by virtue of this section for the purpose of forming a circuit and stating therein the names of the officers selected and their places of residence, as well also as the name and location of the societies forming said circuit, and the number of years, not exceeding ten, that said circuit shall continue.Which statement shall within thirty days be filed with the director of agriculture, and said circuit shall thereafter for the time specified in said statement be authorized to receive and disburse any appropriations made to or for the benefit of such circuit by the state of Missouri through said department of agriculture; provided, that any such societies and the said director of agriculture on behalf of the state fair may become members of more than one such circuit.

(RSMo 1939 § 14175)

Prior revisions: 1929 § 12498; 1919 § 12067; 1909 § 699

262.530 - Special election — how called and conducted.

Special election shall be called, advertised and conducted, as in the case of a special election to vote bonds for the erection of a county courthouse or other public purpose.

(RSMo 1939 § 14188)

Prior revision: 1929 § 12511

262.838 - Removal of board member.

A board member shall be removed from office by the governor for malfeasance, willful neglect of duty, or other cause after notice and public hearing, unless such notice or hearing shall be expressly waived in writing.

(L. 2005 S.B. 355)

262.230 - Fair held, when — how — reverter clause.

The commission, at such time as may be determined by it, shall hold, annually, a fair upon the state fairgrounds above designated; and at these fairs all important products of the state shall be recognized, according to merit, by premiums or rewards, for excellence offered by the commission, out of a fund provided therefor by the legislature of the state, or from funds that may be otherwise provided.The commission may require parties receiving awards for excellence or merit to provide a complete history of how the exhibit was produced, and all other information concerning the entry that would be of interest or benefit to the general public; and provided further, that should the state fail for three consecutive years to hold a fair, the land thus used for state fair purposes shall revert to the parties donating it.

(RSMo 1939 § 14155, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12475; 1919 § 12044; 1909 § 676

262.330 - Constitution and bylaws, enforcement of — quorum.

The said board, a majority of whom shall form a quorum, shall have power to make, ordain and adopt a constitution and all necessary bylaws, ordinances, rules and regulations for the government of the board of directors and of the society, and for the promotion of the objects for which it is designed; such constitution, rules, bylaws, ordinances and regulations of the society and of the board of directors shall be printed and circulated among the members of the society within six months after their adoption; and the president of the board shall cause the same to be carried into effect; provided, such constitution, bylaws, ordinances, rules and regulations shall not be inconsistent with the constitution and laws of this state.

(RSMo 1939 § 14165)

Prior revisions: 1929 § 12488; 1919 § 12057; 1909 § 689

262.810 - Eminent domain, public hearing required before taking property.

Property subject to the farmland protection act shall not be taken in whole or in part by any political subdivision of this state by eminent domain except after a public hearing pursuant to chapter 610.

(L. 2001 S.B. 462)

262.410 - Dissolution of society — disposition of property.

Whenever a majority of two-thirds of the members of any society organized under the provisions of sections 262.290 to 262.540 shall, at an annual meeting, declare such society dissolved, or if from any other cause said society shall be dissolved or fail to meet and pursue the objects of the society for the period of five consecutive years, then the real estate and all the other property held by it shall be sold for cash in hand, at public auction, before the courthouse door of the county, after thirty days' notice given in some newspaper published in the county, if there be one, and, if not, by ten printed advertisements set up in ten public places in the county, describing the property to be sold, and the time, place and terms of sale.Such sale shall be conducted by the directors, or a majority of them, chosen and elected as provided by sections 262.290 to 262.540, and the proceeds of such sales shall, after payment of all expenses, be divided among the members of such society in proportion to stock held.

(RSMo 1939 § 14173)

Prior revisions: 1929 § 12496; 1919 § 12065; 1909 § 697

262.510 - Apportionment of levy proceeds.

The county commission in every such county shall apportion the proceeds of the levy made pursuant to section 262.500, and in accordance with the provisions of section 262.500, among the several objects and subjects in section 262.500 mentioned, and offer suitable premiums in each class thereof to the full amount available from the levy.All such premiums shall be offered for exhibits made at public fairs held in the county.The exhibits shall be in place at the fair at least twenty-four hours before the opening thereof to the public, and remain in place until midnight of the last day of the fair.

(RSMo 1939 § 14186, A.L. 1955 p. 36)

Prior revision: 1929 § 12509

262.841 - Chairperson and vice chairperson to be elected.

The board members shall annually elect from among their number a chairperson and vice chairperson, and such other officers as they may deem necessary.

(L. 2005 S.B. 355)

262.610 - Deposits of funds — how disbursed — records — report and settlement of treasurer.

1.All moneys received by the treasurer for the council shall be deposited by him in a bank or trust company designated by the council and authorized to receive public deposits.

2.The treasurer shall pay out, on the warrant of the secretary of the council, or by a combination warrant check, signed by the chairman of the council and treasurer of the council, all moneys which come to his hands for the use of the council, and he shall not pay any sum from the funds of the council in any other manner.

3.He shall keep a book in which he shall enter all the moneys received and disbursed by him, specifying the person from whom received and to whom paid, and the object for which same has been paid out.

4.He shall present to the council at each annual meeting of the council a report in writing containing a statement of all moneys received by him from the county treasurer and from any other source since the last annual meeting of the council, and of the disbursements made by him with the items of such disbursements, and exhibit the warrants or checks or combination warrants and checks therefor, which report shall be recorded by the secretary of the council; and at the close of his term of office shall settle with the council; and shall hand over to his successor the books and all other records and papers coming into his hands as treasurer, together with all moneys remaining in his hands as such treasurer.

(L. 1961 p. 7 § 19)

262.310 - Election of officers — removal — duties.

Every board of directors shall assemble within twenty days after their election and choose a president and vice president of their number, and a secretary, treasurer and such other officers, servants and agents as may be necessary, remove them from their office and prescribe their duties; and all proceedings of the board shall be public.

(RSMo 1939 § 14163)

Prior revisions: 1929 § 12486; 1919 § 12055; 1909 § 687

262.110 - Duties of university.

1.It shall be the duty of the University of Missouri to promote and encourage the poultry industry in the state of Missouri in all its branches; to organize the poultry raisers of the state, for the purpose of affording a systematic means for gathering useful information for the use of the university, and to publish the same for the benefit of the farmers and poultry raisers of the state of Missouri.It shall be their duty to gather poultry statistics and information as to the best and most profitable means of raising and handling poultry and publish the same in bulletins as frequently as may be deemed expedient; hold poultry institutes in different sections of the state, for the purpose of giving instructions in the breeding and raising of poultry; provide for and manage one annual state poultry exhibition at such time and place as may be determined by the university; provide lectures for the promoting and encouraging the poultry interests of the state.

2.They shall have general management and supervision of such organizations of poultry breeders as may be formed under their authority, and power to make such needful rules and regulations as will best promote the objects of their organization; and shall make an annual report to the general assembly of the state, embracing an abstract of the work accomplished by the university for the next preceding year, and accompanied by such recommendations, including especially such a system of public instruction on this subject as may be deemed useful.

(RSMo 1939 § 14143)

Prior revisions: 1929 § 12459; 1919 § 12028; 1909 § 664

262.500 - Election to levy special tax in certain counties — purposes — distribution of funds.

1.In all counties of this state in which the constitutional limit is not levied for county purposes, the county commission, upon the filing of a petition signed by not less than three hundred resident taxpayers and qualified electors of the county, shall call an election to submit to the qualified voters thereof, a special levy of not more than two mills on the dollar valuation, which levy, together with all other levies for county purposes, shall not exceed the constitutional limit of levy for the county affected, for the purpose of encouraging, promoting and improving the livestock, poultry, agricultural, horticultural, mechanical fabrics and fine arts, products and articles of domestic industry, and the exhibition of such stock, poultry articles and commodities, at the district or county fair held in the county.

2.If a majority of the voters voting at said election shall be in favor of the proposition, then the county commission at its next regular term thereafter shall make the levy, one-half of which levy shall be set aside by the county commission and distributed ratably to the exhibitors of the public fairs held in the county, for the purpose of paying premiums to exhibitors or the articles and commodities in sections 262.500 to 262.540.The other one-half of which levy, in the judgment and discretion of the county commission, may be used for the purpose of purchasing grounds or erecting suitable building for such fair purposes; but if grounds for the purposes are owned by the county, or leased or otherwise secured or obtained for such uses, then the other one-half of the funds may be used by the county commission in erecting such building.If it is the discretion and judgment of the commission that the other one-half of the levy be not used for grounds or buildings, then the whole of the levy may be used for paying such premiums.If the petition for the election asks that one-half of the levy be devoted to acquiring of lands or erecting of buildings, then the proposition submitted shall contain provisions for such devotion; and if the majority favor the proposition, then the commission shall so expend and use the proceeds of the one-half of the levy.

3.The surplus remaining out of the proceeds of any levy made under sections 262.500 to 262.540, in any year, in the hands of the county treasurer shall constitute a fund for the purposes of sections 262.500 to 262.540, and may be used either as premiums offered or advertising for exhibits to be made under any provision of sections 262.500 to 262.540.

(RSMo 1939 § 14185, A.L. 1943 p. 317, A.L. 1955 p. 36)

Prior revision: 1929 § 12508

262.400 - Recording of incorporation order.

A duly authenticated copy of the order of the county commission, provided for in section 262.290, shall be filed and recorded in such manner as conveyances of land are by law directed to be recorded in the office of the recorder of deeds of such county within three months after such order shall be made.No society organized by virtue of sections 262.290 to 262.540 shall be authorized to do business as such society until such duly authenticated copy shall have been filed and recorded in the manner herein set out.

(RSMo 1939 § 14172)

Prior revisions: 1929 § 12495; 1919 § 12064; 1909 § 696

262.600 - Monthly requisitions on county commission, how issued, amount of — reversion of funds.

Immediately following the close of each month the council shall requisition the county commission for the estimated amount of the month's expenditures and within ten days after filing the requisition, shall submit to the county commission a certified, itemized statement of all expenditures covered by the requisition.The requisition shall constitute the basis for immediate issuance by the county commission and it shall, if there be funds available therefor, promptly issue a warrant covering the requisition in full and drawn in favor of the treasurer of the council.For the purpose of this section the chairman and secretary of the council shall be regarded as certifying officers.The requisition for any given month shall not exceed one-twelfth of the total amount appropriated for the year unless a reserve shall have accumulated as a result of expending less than the aforementioned twelfth portion during one or more preceding months, in which case the reserve shall be constantly available for current expenditures.If the amount of the certified itemized statement is less than the amount requisitioned the difference shall be credited against the next requisition.Any unused funds remaining in the appropriation on December thirty-first shall revert to the county treasury.

(L. 1961 p. 7 § 16)

262.700 - Southern dairy compact entered into — effective date — text of compact.

The Southern Dairy Compact, the full text of which is hereinafter set forth and confirmed by the Missouri legislature, is hereby entered into on behalf of the state of Missouri.The compact shall become effective when enacted into law by at least two other states within the compact group of states and when the consent of Congress has been obtained.The full text of said compact is as follows:

SOUTHERN DAIRY COMPACT

ARTICLE I.STATEMENT OF PURPOSE, FINDINGS AND DECLARATION OF POLICY

1.Statement of purpose, findings and declaration of policy

The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region.The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the south, and to assure consumers of an adequate, local supply of pure and wholesome milk.

The participating states find and declare that the dairy industry is an essential agricultural activity of the south.Dairy farms, and associated suppliers, marketers, processors and retailers are an integral component of the region's economy.Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.

The participating states further find that dairy farms are essential and they are an integral part of the region's rural communities.The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities.

In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders.Specific provisions of the compact itself set forth this basic principle.

Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued.In that event, the interstate commission is authorized to regulate the marketplace in replacement of the order system.This contingent authority does not anticipate such a change, however, and should not be so construed.It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system.

By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest.Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits.

Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region.Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market.The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established.

In today's regional dairy marketplace, cooperative, rather than individual state action is needed to more effectively address the market disarray.Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority.For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.

ARTICLE II.DEFINITIONS AND RULES OF CONSTRUCTION

2.Definitions

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:

(1)"Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in paragraph (b) of subsection three.

(2)"Commission" means the southern dairy compact Commission established by this compact.

(3)"Commission marketing order" means regulations adopted by the commission pursuant to sections nine and ten of this compact in place of a terminated federal marketing order or state dairy regulation.Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission.Such order may establish minimum prices for any or all classes of milk.

(4)"Compact" means this interstate compact.

(5)"Compact over-order price" means a minimum price required to be paid to producers for class I milk established by the commission in regulations adopted pursuant to subsections nine and ten of this compact, which is above the price established in federal marketing orders or by state farm price regulations in the regulated area.Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission.

(6)"Milk" means the lacteral secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process.The term is used in its broadest sense and may be further defined by the commission for regulatory purposes.

(7)"Partially regulated plant" means a milk plant not located in a regulated area but having class I distribution within such area.Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.

(8)"Participating state" means a state which has become a party to this compact by the enactment of concurring legislation.

(9)"Pool plant" means any milk plant located in a regulated area.

(10)"Region" means the territorial limits of the states which are parties to this compact.

(11)"Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.

(12)"State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise.

3.Rules of construction

(a)This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them.In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact.

(b)The compact shall be construed liberally in order to achieve the purposes and intent enunciated in subsection one.It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact.In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.

ARTICLE III.COMMISSION ESTABLISHED

4.Commission established

There is hereby created a commission to administer the compact, composed of delegations from each state in the region.The commission shall be known as the Southern Dairy Compact Commission.A delegation shall include not less than three nor more than five persons.Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative.Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in the appointing state.Delegation members shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause.In all other respects, delegation members shall serve in accordance with the laws of the state represented.The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission.

5.Voting requirements

All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment or rescission of the commission's by-laws, shall be by majority vote of the delegations present.Each state delegation shall be entitled to one vote in the conduct of the commission's affairs.Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds vote of the delegations present.The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation.A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business.

6.Administration and management

(a)The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer.The commission shall appoint an executive director and fix his or her duties and compensation.The executive director shall serve at the pleasure of the commission, and together with the treasurer, shall be bonded in an amount determined by the commission.The commission may establish through its by-laws an executive committee composed of one member elected by each delegation.

(b)The commission shall adopt bylaws for the conduct of its business by a two-thirds vote, and shall have the power by the same vote to amend and rescind these by-laws.The commission shall publish its by-laws in convenient form with the appropriate agency or officer in each of the participating states.The by-laws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings.Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.

(c)The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.

(d)In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:

(1)To sue and be sued in any state or federal court;

(2)To have a seal and alter the same at pleasure;

(3)To acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;

(4)To borrow money and issue notes, to provide for the rights of the holders thereof and to pledge the revenue of the commission as security therefor, subject to the provisions of subsection eighteen of this compact;

(5)To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties and qualifications; and

(6)To create and abolish such offices, employments and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees.The commission may also retain personal services on a contract basis.

7.Rulemaking power

In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this* compact.

ARTICLE IV.POWERS OF THE COMMISSION

8.Powers to promote regulatory uniformity, simplicity, and interstate cooperation

The commission is hereby empowered to:

(1)Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.

(2)Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs.

(3)Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems.Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems.

(4)Prepare and release periodic reports on activities and results of the commission's efforts to the participating states.

(5)Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve or promote more efficient assembly and distribution of milk.

(6)Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk.

(7)Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.

9.Equitable farm prices

(a)The powers granted in this subsection and subsection ten shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region.In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order.

(b)A compact over-order price established pursuant to this section shall apply only to class I milk.Such compact over-order price shall not exceed one dollar and fifty cents per gallon at Atlanta, Ga., however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices.Beginning in 1990, and using that year as a base, the foregoing one dollar fifty cents per gallon maximum shall be adjusted annually by the rate of change in the consumer price index as reported by the Bureau of Labor Statistics of the United States Department of Labor.For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations.

(c)A commission marketing order shall apply to all classes and uses of milk.

(d)The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants.The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area.This price shall be established either as a compact over-order price or by one or more commission marketing orders.Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession or any other factors not related to the purposes of the regulation and this compact.Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price.The commission shall provide for similar treatment of producer-handlers under commission marketing orders.

(e)In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public and the price necessary to yield a reasonable return to the producer and distributor.

(f)When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes.

(g)The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact.The commission may reimburse other agencies for the reasonable cost of providing these services.

10.Optional provisions for pricing order

Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to any of the following:

(1)Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.

(2)With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers.

(3)With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for class I milk.

(4)Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing.Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area.

(5)Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.

(A)With respect to regulations establishing a compact over-order price, the commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.

(B)With respect to any commission marketing order, as defined in subsection two, subdivision three, which replaces one or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area.

(6)Provisions requiring persons who bring class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order.No such provisions shall discriminate against milk producers outside the regulated area.The provisions for compensatory payments may require payment of the difference between the class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the class I price established by the compact over-order price or commission marketing order.

(7)Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.

(8)Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area.

(9)Provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to article VII, subsection 18(a).

(10)Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966.

(11)Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.

ARTICLE V.RULEMAKING PROCEDURE

11.Rulemaking procedure

Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9 (f), or amendment thereof, as provided in article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views.Such rulemaking proceeding shall be governed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C.§ 553).In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state.Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing.The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.

12.Findings and referendum

(a)In addition to the concise general statement of basis and purpose required by section 4 (b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. § 553 (c)), the commission shall make findings of fact with respect to:

(1)Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under article IV.

(2)What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.

(3)Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.

(4)Whether the terms of the proposed regional order or amendment are approved by producers as provided in subsection thirteen.

13.Producer referendum

(a)For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9 (f), is approved by producers, the commission shall conduct a referendum among producers.The referendum shall be held in a timely manner, as determined by regulation of the commission.The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.

(b)An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.

(c)For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivision (2) through (5) hereof.

(1)No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.

(2)Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote.The notice shall be given in a timely manner as established, and in the form prescribed, by the commission.

(3)Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order.

(4)A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer's name from the list certified by such cooperative with its corporate vote.

(5)In order to ensure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his approval or disapproval with the commission either directly or through his or her cooperative.

14.Termination of over-order price or marketing order

(a)The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.

(b)The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.

(c)The termination or suspension of any order or provision thereof, shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by section four of the Federal Administrative Procedure Act, as amended (5 U.S.C. § 553).

ARTICLE VI.ENFORCEMENT

15.Records; reports; access to premises

(a)The commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons.For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.

(b)Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission.The commission may promulgate regulations further defining the confidentiality of information pursuant to this subsection.Nothing in this subsection shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.

(c)No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section.Any person violating the provisions of this subsection shall, upon conviction, be subject to a fine of not more than one thousand dollars or to imprisonment for not more than one year, or to both, and shall be removed from office.The commission shall refer any allegation of a violation of this subsection to the appropriate state enforcement authority or United States attorney.

16.Subpoena; hearings and judicial review

(a)The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.

(b)Any handler subject to an order may file a written petition with the commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom.He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission.After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

(c)The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty days from the date of the entry of such ruling.Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint.If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires.The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to subsection seventeen.Any proceedings brought pursuant to subsection seventeen, except where brought by way of counterclaim in proceedings instituted pursuant to this subsection, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this subsection.

17.Enforcement with respect to handlers

(a)Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall:

(1)Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction.Each day such violation continues shall constitute a separate violation.

(2)Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.

(b)With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by:

(1)Commencing an action for legal or equitable relief brought in the name of the commission of any state or federal court of competent jurisdiction; or

(2)Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state.

(c)With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.

ARTICLE VII.FINANCE

18.Finance of start-up and regular costs

(a)To provide for its start-up costs, the commission may borrow money pursuant to its general power under subsection six, paragraph (d), subdivision four.In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region.If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment.The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes.In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration.These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses.

(b)The commission shall not pledge the credit of any participating state or of the United States.Notes issued by the commission and all other financial obligations incurred by it, shall be its sole responsibility and no participating state or the United States shall be liable therefor.

19.Audit and accounts

(a)The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules.In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

(b)The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.

(c)Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.

ARTICLE VIII.ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL

20.Entry into force; additional members

The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia and when the consent of Congress has been obtained.

21.Withdrawal from compact

Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states.No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal.

22.Severability

If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact.In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states.A compacting state may accept the conditions of Congress by implementation of this compact.

(L. 1999 H.B. 541)

*Word "thus" appears in original rolls.

262.300 - Organization of society — procedure.

1.Within thirty days from the date of the order of the county commission, as set out in section 262.290, any number of the petitioners exceeding twenty may proceed to organize such society by electing not less than nine or more than thirteen directors, who shall hold their offices one year and until their successors are elected; and the directors, when so elected, shall collectively form a board for the government of such society, and in such board shall be vested all the corporate powers and duties of every society incorporated as provided in sections 262.290 to 262.540*; and for the purpose of electing the directors there shall be held annually, on the second Tuesday in December, or such other date as may be provided in the bylaws of the society, a general meeting of the members of the society.

2.All vacancies in the board of directors shall be filled by appointment of the board.No person not a member of the society shall be a director.In all elections by the stockholders each share shall entitle the holder thereof to one vote, and said shares shall be voted as now provided by law for elections in business and manufacturing corporations.

(RSMo 1939 § 14162, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12485; 1919 § 12054; 1909 § 686

*Section 262.540 was repealed by S.B. 60, 1977.

262.800 - Farmland protection act, purpose.

Sections 262.800 to 262.810 shall be known and may be cited as the "Farmland Protection Act".The purpose of the farmland protection act shall be to:

(1)Protect agricultural, horticultural and forestry land;

(2)Promote continued economic viability of agriculture, horticulture and forestry as a business;

(3)Promote the continued economic viability of those businesses dependent on providing materials, equipment and services to agriculture, horticulture and forestry;

(4)Promote quality of life in the agriculture community; and

(5)Protect owners of property used for farming purposes from unreasonable costs associated with assessments for improvements running across the land.

(L. 2001 S.B. 462)

262.008 - Exhibition of livestock or domestic animals at fairs, expositions, and pet shows, all livestock breeders and domestic animal owners permitted to participate — rules and fees permitted.

The governing body of all national, state, and local fairs, expositions, and pet shows conducted in this state which include the exhibition of livestock or domestic animals shall permit all livestock breeders and domestic animal owners to exhibit livestock and domestic animals at such fair, exposition, or pet show.The governing body of each national, state, and local fair, exposition, or pet show shall have the authority to establish rules and fees for participation in its individual events.

(L. 2012 S.B. 631 § 2)

262.255 - Exhibiting livestock, all qualified 4-H and FFA members permitted to participate — rules and fees permitted.

The state fair commission shall permit all qualifying 4-H and Future Farmers of America (FFA) members to exhibit livestock at the state fair.The state fair commission shall have the authority to establish rules and fees for participation in its individual events.

(L. 2012 S.B. 631)

262.900 - Definitions — application, requirements — board established, members, duties — public hearing — ordinance — property exempt from taxation — sales tax revenues, deposit of — fund created — rulemaking authority.

1.As used in this section, the following terms mean:

(1)"Agricultural products", an agricultural, horticultural, viticultural, or vegetable product, growing of grapes that will be processed into wine, bees, honey, fish or other aquacultural product, planting seed, livestock, a livestock product, a forestry product, poultry or a poultry product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this state;

(2)"Blighted area", that portion of the city within which the legislative authority of such city determines that by reason of age, obsolescence, inadequate, or outmoded design or physical deterioration have become economic and social liabilities, and that such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes;

(3)"Department", the department of agriculture;

(4)"Domesticated animal", cattle, calves, sheep, swine, ratite birds including but not limited to ostrich and emu, llamas, alpaca, buffalo, bison, elk documented as obtained from a legal source and not from the wild, goats, or horses, other equines, or rabbits raised in confinement for human consumption;

(5)"Grower UAZ", a type of UAZ:

(a)That can either grow produce, raise livestock, or produce other value-added agricultural products;

(b)That does not exceed fifty laying hens, six hundred fifty broiler chickens, or thirty domesticated animals;

(6)"Livestock", cattle, calves, sheep, swine, ratite birds including but not limited to ostrich and emu, aquatic products as described in section 277.024, llamas, alpaca, buffalo, bison, elk documented as obtained from a legal source and not from the wild, goats, or horses, other equines, or rabbits raised in confinement for human consumption;

(7)"Locally grown", a product that was grown or raised in the same county or city not within a county in which the UAZ is located or in an adjoining county or city not within a county.For a product raised or sold in a city not within a county, locally grown also includes an adjoining county with a charter form of government with more than nine hundred fifty thousand inhabitants and those adjoining said county;

(8)"Meat", any edible portion of livestock or poultry carcass or part thereof;

(9)"Meat product", anything containing meat intended for or capable of use for human consumption, which is derived, in whole or in part, from livestock or poultry;

(10)"Mobile unit", the same as motor vehicle as defined in section 301.010;

(11)"Poultry", any domesticated bird intended for human consumption;

(12)"Processing UAZ", a type of UAZ:

(a)That processes livestock, poultry, or produce for human consumption;

(b)That meets federal and state processing laws and standards;

(c)Is a qualifying small business approved by the department;

(13)"Qualifying small business", those enterprises which are established within an Urban Agricultural Zone subsequent to its creation, and which meet the definition established for the Small Business Administration and set forth in Section 121.201 of Part 121 of Title 13 of the Code of Federal Regulations;

(14)"Value-added agricultural products", any product or products that are the result of:

(a)Using an agricultural product grown in this state to produce a meat or dairy product in this state;

(b)A change in the physical state or form of the original agricultural product;

(c)An agricultural product grown in this state which has had its value enhanced by special production methods such as organically grown products; or

(d)A physical segregation of a commodity or agricultural product grown in this state that enhances its value such as identity preserved marketing systems;

(15)"Urban agricultural zone" or "UAZ", a zone within a metropolitan statistical area as defined by the United States Office of Budget and Management that has one or more of the following entities that is a qualifying small business and approved by the department, as follows:

(a)Any organization or person who grows produce or other agricultural products;

(b)Any organization or person that raises livestock or poultry;

(c)Any organization or person who processes livestock or poultry;

(d)Any organization that sells at a minimum seventy-five percent locally grown food;

(16)"Vending UAZ", a type of UAZ:

(a)That sells produce, meat, or value-added locally grown agricultural goods;

(b)That is able to accept food stamps under the provisions of the Supplemental Nutrition Assistance Program as a form of payment; and

(c)Is a qualifying small business that is approved by the department for an UAZ vendor license.

2.(1)A person or organization shall submit to any incorporated municipality an application to develop an UAZ on a blighted area of land.Such application shall demonstrate or identify on the application:

(a)If the person or organization is a grower UAZ, processing UAZ, vending UAZ, or a combination of all three types of UAZs provided in this paragraph, in which case the person or organization shall meet the requirements of each type of UAZ in order to qualify;

(b)The number of jobs to be created;

(c)The types of products to be produced; and

(d)If applying for a vending UAZ, the ability to accept food stamps under the provisions of the Supplemental Nutrition Assistance Program if selling products to consumers.

(2)A municipality shall review and modify the application as necessary before either approving or denying the request to establish an UAZ.

(3)Approval of the UAZ by such municipality shall be reviewed five and ten years after the development of the UAZ.After twenty-five years, the UAZ shall dissolve.

If the municipality finds during its review that the UAZ is not meeting the requirements set out in this section, the municipality may dissolve the UAZ.

3.The governing body of any municipality planning to seek designation of an urban agricultural zone shall establish an urban agricultural zone board.The number of members on the board shall be seven.One member of the board shall be appointed by the school district or districts located within the area proposed for designation of an urban agricultural zone.Two members of the board shall be appointed by other affected taxing districts.The remaining four members shall be chosen by the chief elected officer of the municipality.The four members chosen by the chief elected officer of the municipality shall all be residents of the county or city not within a county in which the UAZ is to be located, and at least one of such four members shall have experience in or represent organizations associated with sustainable agriculture, urban farming, community gardening, or any of the activities or products authorized by this section for UAZs.

4.The school district member and the two affected taxing district members shall each have initial terms of five years.Of the four members appointed by the chief elected official, two shall have initial terms of four years, and two shall have initial terms of three years.Thereafter, members shall serve terms of five years.Each member shall hold office until a successor has been appointed.All vacancies shall be filled in the same manner as the original appointment.For inefficiency or neglect of duty or misconduct in office, a member of the board may be removed by the applicable appointing authority.

5.A majority of the members shall constitute a quorum of such board for the purpose of conducting business and exercising the powers of the board and for all other purposes.Action may be taken by the board upon a vote of a majority of the members present.

6.The members of the board annually shall elect a chair from among the members.

7.The role of the board shall be to conduct the activities necessary to advise the governing body on the designation of an urban agricultural zone and any other advisory duties as determined by the governing body.The role of the board after the designation of an urban agricultural zone shall be review and assessment of zone activities.

8.Prior to the adoption of an ordinance proposing the designation of an urban agricultural zone, the urban agricultural board shall fix a time and place for a public hearing and notify each taxing district located wholly or partially within the boundaries of the proposed urban agricultural zone.The board shall send, by certified mail, a notice of such hearing to all taxing districts and political subdivisions in the area to be affected and shall publish notice of such hearing in a newspaper of general circulation in the area to be affected by the designation at least twenty days prior to the hearing but not more than thirty days prior to the hearing.Such notice shall state the time, location, date, and purpose of the hearing.At the public hearing any interested person or affected taxing district may file with the board written objections to, or comments on, and may be heard orally in respect to, any issues embodied in the notice.The board shall hear and consider all protests, objections, comments, and other evidence presented at the hearing.The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing.

9.Following the conclusion of the public hearing required under subsection 8 of this section, the governing authority of the municipality may adopt an ordinance designating an urban agricultural zone.

10.The real property of the UAZ shall not be subject to assessment or payment of ad valorem taxes on real property imposed by the cities affected by this section, or by the state or any political subdivision thereof, for a period of up to twenty-five years as specified by ordinance under subsection 9 of this section, except to such extent and in such amount as may be imposed upon such real property during such period, as was determined by the assessor of the county in which such real property is located, or, if not located within a county, then by the assessor of such city, in an amount not greater than the amount of taxes due and payable thereon during the calendar year preceding the calendar year during which the urban agricultural zone was designated.The amounts of such tax assessments shall not be increased during such period so long as the real property is used in furtherance of the activities provided under the provisions of subdivision (15) of subsection 1 of this section.At the conclusion of the period of abatement provided by the ordinance, the property shall then be reassessed.If only a portion of real property is used as an UAZ, then only that portion of real property shall be exempt from assessment or payment of ad valorem taxes on such property, as provided by this section.

11.If the water services for the UAZ are provided by the municipality, the municipality may authorize a grower UAZ to pay wholesale water rates for the cost of water consumed on the UAZ.If available, the UAZ may pay fifty percent of the standard cost to hook onto the water source.

12.(1)Any local sales tax revenues received from the sale of agricultural products sold in the UAZ, or any local sales tax revenues received by a mobile unit associated with a vending UAZ selling agricultural products in the municipality in which the vending UAZ is located, shall be deposited in the urban agricultural zone fund established in subdivision (2) of this subsection.An amount equal to one percent shall be retained by the director of revenue for deposit in the general revenue fund to offset the costs of collection.

(2)There is hereby created in the state treasury the "Urban Agricultural Zone Fund", which shall consist of money collected under subdivision (1) of this subsection.The state treasurer shall be custodian of the fund.In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.The fund shall be a dedicated fund and, upon appropriation, shall be used for the purposes authorized by this section.Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.Fifty percent of fund moneys shall be made available to school districts.The remaining fifty percent of fund moneys shall be allocated to municipalities that have urban agricultural zones based upon the municipality's percentage of local sales tax revenues deposited into the fund.The municipalities shall, upon appropriation, provide fund moneys to urban agricultural zones within the municipality for improvements.School districts may apply to the department for money in the fund to be used for the development of curriculum on or the implementation of urban farming practices under the guidance of the University of Missouri extension service and a certified vocational agricultural instructor.The funds are to be distributed on a competitive basis within the school district or districts in which the UAZ is located pursuant to rules to be promulgated by the department, with special consideration given to the relative number of students eligible for free and reduced-price lunches attending the schools within such district or districts.

13.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.

14.The provisions of this section shall not apply to any county with a charter form of government and with more than three hundred thousand but fewer than four hundred fifty thousand inhabitants.

(L. 2013 H.B. 542, A.L. 2015 S.B. 12, A.L. 2018 S.B. 627 & 925)

262.859 - Annual report submitted to general assembly and the governor, contents.

The board shall, following the close of each fiscal year, submit an annual report of its activities for the preceding year to the governor and the general assembly.Each report shall set forth a complete operating and financial statement for the authority during the fiscal year it covers.

(L. 2005 S.B. 355)

262.001 - Agritourism defined.

As used in the statutory laws of this state, "agritourism" means the act of visiting a working farm or any agricultural operation for the purpose of enjoyment, education, training, or active involvement in the activities of the agricultural operation.

(L. 2010 H.B. 2182)

262.701 - Southern dairy compact commission, Missouri delegates appointed by governor — terms, vacancies, per diem, funding.

1.Three delegates from Missouri shall be appointed by the governor and confirmed by the senate to represent the state on the southern dairy compact commission, created and provided for in article III of the compact contained in section 262.700.The delegates shall include one dairy producer who is engaged in the production of milk at the time of appointment or reappointment, one consumer representative, and one dairy processor.

2.Each delegate shall serve for a term of four years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the southern dairy compact.

3.Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position.

4.Delegates shall receive a per diem not to exceed fifty dollars for service and traveling expenses incurred in the performance of their duties as delegates.

5.The director of the department of agriculture may provide funding, subject to appropriation, as necessary to the delegation during its term.

(L. 1999 H.B. 541)

262.850 - Executive director to be employed, duties — technical experts and other employees permitted.

The board shall employ an executive director.The executive director shall be the secretary of the board and shall administer, manage, and direct the affairs and business of the board, subject to the policies, control, and direction of the board.The board may employ technical experts and such other officers, agents, and employees as they deem necessary, and may fix their qualifications, duties, and compensation.The executive director of the board shall be paid an amount to be determined by the board, but not to exceed that of a division director of the department of agriculture.The executive director and all other employees of the board shall be state employees and eligible for all corresponding benefits.The board may delegate to the executive director, or to one or more of its agents or employees, such powers and duties as it may deem proper.

(L. 2005 S.B. 355)

262.805 - Notice of agricultural zoning presumed, when — uses of agricultural land — hazards contained on agricultural land.

Purchasers of real property within one mile of areas zoned for agriculture or used for farming purposes as defined by the farmland protection act contained in sections 262.800 to 262.810 shall be presumed to have notice of such agriculture zoning or use for farming purposes.Agricultural zoned land or land used for farming purposes may be used for commercial or hobby operations that may include but are* not limited to the following:breeding and rearing of livestock, weaning and treating of livestock, raising and harvesting of crops, application of fertilizers and pesticides, dust, noise, odors, gunfire, burning, extended hours of operation, seasonal operations, timber operations, cultivated and idle land.Agriculture operations typically consist of open and timbered spaces that are private property and are not open to the public or to public access.Agriculture operations contain many hazards, including but not limited to, open water (including ponds, streams, ditches), open pits, brush, brush piles, snakes, untamed and unpredictable animals, electric and barbed fences, storage building and structure, tractors and equipment, and hidden obstacles.Children and adults are not permitted to roam, play or trespass on farm or agriculture property.These activities and conditions may already be regulated by state, federal or local law and nothing herein is meant to exempt such property from any such laws or regulations but is simply notification to purchasers that living in a rural environment does not mean you will live in an environment free of conditions you find irritating, dangerous, or unpleasant.

(L. 2001 S.B. 462)

*Word "is" appears in original rolls.

262.250 - Entry fees — classification.

The commission may charge a fee on any entry to be paid at the time of entry.All animals and articles must be entered in their proper classes and no other.The director shall determine all questions of classification.In addition to any exemption in chapter 144, no sales taxes shall be levied and collected on any entry fee or charge authorized in this section.

(RSMo 1939 § 14157, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12477; 1919 § 12046; 1909 § 678

262.350 - Appropriation of money by county commission.

The county commission of any county may, if it be deemed expedient, appropriate out of the county treasury for the benefit of any society regularly organized as a county agricultural and mechanical society, county fair, county corn growers' association, county poultry association, county stock growers' association or any other organization or incorporated society having for its object the holding of county fairs or the advancement of agriculture or its allied industries, a sum not exceeding three hundred dollars in any one year.The money so appropriated shall be drawn by the treasurer of the society on proper warrant; provided said money shall be awarded by the board of directors or other proper officials in premiums or expended by them in the purchase of premiums, to be known as "The ______ County Commission Premiums" to be awarded according to the rules, regulations and bylaws of the society; provided further, that in all counties in this state of the first class, and all counties of the second class the county commission of such county may, if it be deemed expedient, appropriate out of the surplus remaining in the county treasury, for the benefit of any such society, a sum not exceeding ten thousand dollars to be used as in this section above set out, or in any other manner that said board of directors may deem best.

(RSMo 1939 § 14167, A.L. 1943 p. 318, A.L. 1945 p. 99, A.L. 1963 p. 400)

Prior revisions: 1929 § 12490; 1919 § 12059; 1909 § 691

262.450 - State aid for county fairs — certain counties.

1.The director of agriculture, for the purpose of fostering and developing agriculture within the state of Missouri, is hereby authorized to pay to nonprofit county and district fairs and to regularly organized or incorporated nonprofit agricultural societies having as their object the holding of shows, exhibitions or fairs for the advancement of agriculture in Missouri a percentage of certain premiums actually paid by such county, district or agricultural society, shows or fairs as provided by law.

2.District fairs are hereby defined as fairs covering more than one county yet not large enough to be considered statewide in purpose and territory.

3.The total of such state aid to be paid by the director of the department of agriculture shall not exceed the appropriation made to the department of agriculture by the general assembly for such use and purpose.

(RSMo 1939 § 14177, A.L. 1947 V. I p. 21)

Prior revisions: 1929 § 12500; 1919 § 12069

262.550 - Definitions.

The following words and phrases as used in sections 262.550 to 262.620, unless a different meaning is plainly required by the context, shall mean:

(1)"Council" shall mean University of Missouri extension council, authorized under section 262.563;

(2)"County" does not include the city of St. Louis;

(3)"University" shall mean the curators of the University of Missouri.

(L. 1961 p. 7 § 1)

262.801 - Farming purposes defined.

For purposes of the farmland protection act, "farming purposes" shall be defined as at least three-fourths of the property used for farming, tillage of the soil, dairy farming, ranching, production or raising of crops, poultry or livestock, breeding, pasturing, training or boarding of equines or mules, and production of poultry or livestock products in an unmanufactured state.

(L. 2001 S.B. 462)

262.650 - Organization — officers — membership.

Before any one of the aforesaid organizations can take advantage of sections 262.630 to 262.660, it shall be duly organized with a president, a secretary, a treasurer, an executive board consisting of not less than three members, and a signed membership of not less than twenty-five farmers.

(RSMo 1939 § 14317)

Prior revisions: 1929 § 12659; 1919 § 12149

262.340 - Moneys of societies, how expended.

All moneys paid by members and others, and donations made to the society, shall be appropriated under the direction of said board, in conformity to such constitution, bylaws, rules and regulations as may be ordained and established for the government of the society and for the advancement and encouragement of the objects of the society.

(RSMo 1939 § 14166)

Prior revisions: 1929 § 12489; 1919 § 12058; 1909 § 690

262.815 - Citation of law, purpose — trust created, objectives — advisory board created, members, duties, terms — fund created — rulemaking authority.

1.This section shall be known and may be cited as the "Missouri Farmland Trust Act".The purpose of this section is to allow individuals and entities to donate, gift, or otherwise convey farmland to the state department of agriculture for the purpose of preserving the land as farmland and to further provide beginning farmers with an opportunity to farm by allowing long-term low and variable cost leases, thereby making it affordable for the next generation of farmers to continue to produce food, fiber, and fuel.

2.There is hereby created the "Missouri Farmland Trust" which shall be implemented in a manner to accomplish the following objectives:

(1)Protect and preserve Missouri's farmland;

(2)Link new generations of prospective farmers with present farmers; and

(3)Promote best practices in environmental, livestock, and land stewardship.

3.(1)There is hereby created within the department of agriculture the "Missouri Farmland Trust Advisory Board" which shall be comprised of five members appointed by the director of the department of agriculture.Members shall serve without compensation but, subject to appropriations, may be reimbursed for actual and necessary expenses.

(2)The board shall make recommendations to the director on the appropriate uses of farmland in the trust, criteria to be used to select applicants for the program, and review and make recommendations regarding applications to lease farmland in the trust.

(3)Members shall serve five-year terms, with each term beginning July first and ending June thirtieth; except that, of the members initially appointed two shall be appointed for a term of three years, two shall be appointed for a term of four years, and one shall be appointed for a term of five years.Each member shall serve until his or her successor is appointed.Any vacancies occurring prior to the expiration of a term shall be filled by appointment for the remainder of such term.No member shall serve more than two consecutive terms.

4.The department of agriculture is authorized to accept or acquire by purchase, lease, donation, or agreement any agricultural lands, easements, real and personal property, or rights in lands, easements, or real and personal property, including but not limited to buildings, structures, improvements, equipment, or facilities subject to preservation and improvement.Such lands shall be properties of the Missouri farmland trust for purposes of this section and shall be governed by the provisions of this section and rules promulgated thereunder.

5.(1)There is hereby created in the state treasury the "Missouri Farmland Trust Fund", which shall consist of all gifts, bequests, donations, transfers, and moneys appropriated by the general assembly under this section.The state treasurer shall be custodian of the fund.In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.Upon appropriation, money in the fund shall be used for the administration of this section and may be used to make payments to counties for the value of land as payment in lieu of real and personal property taxes for privately owned land acquired after August 28, 2011, in such amounts as determined by the department; except that, the amount determined shall not be less than the real property tax paid at the time of acquisition.The department of agriculture may require applicants who are awarded leases to pay the property taxes owed under this section for such property.

(2)Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(3)The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

6.The department of agriculture is authorized to accept all moneys, appropriations, gifts, bequests, donations, or other contributions of moneys or other real or personal property to be expended or used for any of the purposes of this section.The department may improve, maintain, operate, and regulate any such lands, easements, or real or personal property to promote agriculture and the general welfare using moneys in the fund.Property acquired by the department under this section shall be used for agricultural purposes.The director shall establish by rule guidelines for leasing farmland to the trust to beginning farmers for a period not to exceed twenty years.All property acquired by the department under this section shall be farmed and maintained using the best environmental, conservation, and stewardship practices as outlined by the department.The department may charge an administrative fee for lease application processing under this section.

7.The department, in consultation with the Missouri farmland advisory board, shall promulgate rules to implement the provisions of this section, including but not limited to requirements for lessees, selection process for granting leases, and the terms of the lease, including requirements for applicants, renewal process, requirements for the maintenance of real and personal property by the lessee, and conditions for the termination of leases.

8.Any person or entity donating land to or leasing land from the department shall forever release the state of Missouri, the Missouri department of agriculture, the department's director, officers, employees, volunteers, agents, contractors, servants, heirs, successors, assigns, persons, firms, corporations, representatives, and other entities who are or who will be acting in concert or privity with or on behalf of the state from any and all actions, claims, or demands that he or she, family members, heirs, successors, assigns, agents, servants, employees, distributees, guardians, next-of-kin, spouse, and legal representatives now have or may have in the future for any injury, death, property damage related to:

(1)Participation in such activities;

(2)The negligence, intentional acts, or other acts, whether directly connected to such activities or not, and however caused; and

(3)The condition of the premises where such activities occur.

9.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.

(L. 2011 H.B. 458 merged with S.B. 356)

262.240 - Printing and distribution of catalogues.

At least three months before the holding of any annual fair the director, at the direction of the commission, shall prepare a catalogue and list of premiums offered.He shall print the same in proper form, with the rules and regulations governing entries, exhibits and the payment of premiums; and he shall, at least three months before the opening of the fair, cause as many copies of the catalogue as the commission directs to be distributed throughout the state, and he shall send a copy to any person making request therefor.

(RSMo 1939 § 14156, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12476; 1919 § 12045; 1909 § 677

262.040 - Purposes of experiment station.

The leading objects of said experiment station shall be to experiment with the different kinds of fruits, to wit:Apples, peaches, berries of all kinds, grapes and small fruits of all kinds, and to ascertain the varieties that are the best adapted to this state, and to study the different diseases and insects to which said fruits, berries and grapes are subject and the remedies to prevent diseases and insects from injuring or infesting said trees and orchards, with power to destroy and remove any infected trees or orchards if necessary in the judgment of the manager and inspector of said experiment station, to keep the disease or insects or plague from scattering and infecting other trees or orchards under rules herein set out.

(RSMo 1939 § 14053)

Prior revisions: 1929 § 12386; 1919 § 11956; 1909 § 617

262.219 - Director to be appointed by commission, salary — staff may be employed, limits.

1.After January 1, 1996, the commission shall appoint a director of the Missouri state fair who shall, at that time, assume from the director of the department of agriculture the responsibility for administration of the state fair.The director shall receive an annual salary as established by the commission, subject to appropriations, to be paid in the same manner as other state employees.The director shall serve at the pleasure of the commission.The director may reside on the grounds of the Missouri state fair, and housing and utilities may be provided by the commission out of funds appropriated for that purpose.

2.Within the limits of appropriations made for that purpose, necessary administrative and maintenance staff may be employed by the director for the care and maintenance of the state fair grounds.

(L. 1994 S.B. 692)

262.440 - Appropriations, how disbursed.

Any appropriations made to or for the benefit of any such circuit by the general assembly shall be made through the Missouri state department of agriculture and specified in the biennial appropriations to said state department to be for such purpose, and when so made shall be by the director of agriculture paid to the treasurer of said circuit in equal annual installments, and when so paid shall be by said circuit used in such manner as may by said circuit be deemed best for the promotion of the agricultural interests and the general interest in raising and breeding stock of all classes in the state of Missouri; provided, that such appropriations shall be used only in payment for advertising, printing of catalogues, payments of premiums or purses for the general benefit of the whole circuit, or divided equally between the members of such circuit and disbursed in same manner for the benefit of such member.

(RSMo 1939 § 14176)

Prior revisions: 1929 § 12499; 1919 § 12068; 1909 § 700

262.640 - Warrants, how drawn.

The money paid out under sections 262.630 to 262.660 shall be upon warrants of the county authorizing the payment, drawn in favor of the treasurer of the organization making such approved application, and upon a statement of such itemized expenses, which may include expenses of holding and conducting said agricultural meetings as herein provided, namely hiring of hall, advertising, expense of procuring speakers from a distance who are not on the regular staffs of the state department of agriculture or college of agriculture or state teachers' colleges, such statements to be signed and sworn to by said treasurer of said organization.

(RSMo 1939 § 14316)

Prior revisions: 1929 § 12658; 1919 § 12148

262.844 - Meetings of the board.

The board shall meet in Jefferson City within sixty days of the effective date of this act to elect a chairperson and vice chairperson of the board.The committee shall thereafter meet annually, within sixty days of July first, to elect officers and conduct business of the board.Additional meetings shall be held at the call of the chairperson or whenever two board members so request.Six members of the board shall constitute a quorum, and any action taken by the board under the provisions of sections 262.820 to 262.859 may be authorized by resolution approved by a majority, but not less than five, of the board members present at any regular or special meeting.In the absence of the chairman, the vice chairman may preside over the annual meeting of the board or in the absence of the chairman, any meeting requested by two or more commissioners.No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(L. 2005 S.B. 355)

262.215 - State fair, definitions.

Unless the language or context clearly indicates a different meaning is intended, as used in sections 262.215 to 262.280, the following terms mean:

(1)"Commission", the state fair commission established by sections 262.215 to 262.280;

(2)"Commissioner", a member of the state fair commission;

(3)"Director", before January 1, 1996, the director of the department of agriculture; after January 1, 1996, the director of the Missouri state fair appointed by the state fair commission.

(L. 1994 S.B. 692)

262.060 - Manager and inspector.

Said manager and inspector shall be under the control of the board of regents of Southwest Missouri State University.

(RSMo 1939 § 14055)

Prior revisions: 1929 § 12388; 1919 § 11958; 1909 § 619

262.583 - Powers and duties of council — organization — meetings — duties of officers.

1.The council of the respective counties shall have the following powers and duties:

(1)Determine the number of elective council positions for each district provided that no district shall have less than one council member and there shall not be less than ten or more than twenty members elected to the council;

(2)Nominate at least two citizens residing within the district for each elected council position;

(3)Determine the council positions to be filled for a one-year term and those to be filled for a two-year term when necessary under the provisions of subsection 2 of section 262.567;

(4)Set the date or dates, and places of the elections in the respective districts to be held in January of each year and set the dates and places for the bimonthly meetings of the council and the bimonthly meetings of the officers and may set the date and place of other meetings of the council or officers;

(5)Provide ballots and make all necessary arrangements for the holding of elections within each of the districts within the county;

(6)Give notice to the farm organizations selected to have representation on the council and to the towns and cities entitled to have representation thereon, at least thirty days before each annual election of council members and give notice to any organization, town or city in the event a vacancy occurs in the position on the council for which it shall make appointment;

(7)Give all notices and publications required by sections 262.550 to 262.620 and select the newspaper or newspapers in which publication of the notices shall be made.

2.At the first annual meeting after taking office the council shall elect from its elected and appointed members a chairman, a vice chairman, a secretary, and a treasurer.

3.All officers of the council shall, within five days after their election, take and sign the usual oath of public officers which shall be filed in the office of the county clerk.

4.The council shall meet at least bimonthly and special meetings may be called by the chairman or by five members of the council by giving written notice to all members of the council of the date, time and place of meeting not less than ten days prior to the day of the meeting.

5.The officers of the council shall meet bimonthly in the months in which the council does not have a regular meeting for the purpose of making requisitions to the county commission for the amount of the month's expenditures and for allowing and paying authorized accounts and passing upon routine matters, but no other business of the council shall be transacted at such officers' meetings.

6.Members of the council and the officers thereof shall receive no compensation for their services as members or officers of the council.Members of the council and the officers thereof shall be entitled to their actual expenses incurred on account of council business, provided all such expenses shall be approved by the council.

(L. 1961 p. 7 § 11)

262.360 - Board's report.

At each annual meeting of the society, which shall be held on the second Tuesday of December or such other date as may be provided in the bylaws of the society, the board of directors shall report in writing the number of members and the financial condition of their society, the quantity and character of property owned by it, and the quality and cost of improvements of the same; the number and value of premiums awarded at their annual fair; the number and character of animals and articles exhibited; a statement of the probable quantity of the staple commodities of the county, and prices current thereof, and such other information in relation to the agricultural and mechanical interests of the county as they may deem worthy of general notice; and a copy of the report so made shall be transmitted to the director of the department of agriculture, to be disposed of as provided in section 262.370.

(RSMo 1939 § 14168, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12491; 1919 § 12060; 1909 § 692

262.835 - Board members, qualifications, terms.

The powers of the board shall be vested in eleven members, who shall be residents of this state.The board shall be composed of seven industry members who shall represent the Missouri grape and wine industry, food service industry, or media marketing industry.These seven members shall be current members of the Missouri grape and wine advisory board as of the effective date of this act.Such members shall serve the remainder of their terms established for the advisory board.Upon the expiration of the terms of such members, the members of the board representing the industry shall be appointed by the governor, with the advice and consent of the senate.Except for ex officio members, each board member appointed by the governor shall serve a four-year term ending four years from the date of expiration of the term for which his or her predecessor was appointed; except that a person appointed to fill a vacancy prior to the expiration of such a term shall be appointed for the remainder of the term.No board member appointed under sections 262.820 to 262.859 by the governor shall serve more than two consecutive full terms.Each appointed board member shall hold office for the term of the member's appointment and until a successor is appointed and qualified.The board shall have four ex officio members, including the president of the Missouri Grape Growers Association, the president of the Missouri Vintners Association, the president of the Missouri Wine Marketing and Research Council, and the director of the department of agriculture.Ex officio members shall be voting members of the board and their terms will coincide with the time they hold the elected or appointed office qualifying them to be a member of the board.

(L. 2005 S.B. 355)

262.260 - Admission fees, revenues from sale of privileges and pari-mutuel wagering — disposition — state fair fee fund created — gifts and grants authorized, transfer to general revenue prohibited — purpose of fund — investment.

1.The commission shall establish admission fees to be charged at the gates of the fairgrounds.The admission fees, revenues from the sale of privileges and revenues as a result of pari-mutuel wagering shall be payable to and collected by the department of agriculture and transmitted to the state director of revenue who shall deposit the same to the credit of the "State Fair Fee Fund" which is hereby created in the state treasury.Such fund may also receive gifts, grants, contributions, appropriations and funds or benefits from any other source or sources.The money in the state fair fee fund may be used in improving and beautifying the grounds, paying premiums and defraying expenses of the state fair, including officers' salaries, the hire of assistants, expense and equipment, capital improvements and maintenance and repair.

2.The unexpended balance in the state fair fee fund at the end of each fiscal year shall not be transferred to the general revenue fund of the state, and the provisions of section 33.080 relating to the transfer of funds to the general revenue fund of the state by the state treasurer shall not apply to the state fair fee fund.

3.Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state.All income from such investments shall be deposited in the state fair fee fund.

(RSMo 1939 § 14158, A.L. 1947 V. I p. 19, A.L. 1967 p. 370, A.L. 1977 S.B. 431, A.L. 1983 H.B. 729, A.L. 1986 S.B. 572 merged with S.B. 580, A.L. 1992 S.B. 602, A.L. 1994 S.B. 692, A.L. 1997 S.B. 216, A.L. 2000 S.B. 540)

Prior revisions: 1929 § 12478; 1919 § 12047; 1909 § 679

262.660 - Certain persons not to be beneficiaries.

No money shall be paid out under sections 262.630 to 262.660 for the services, traveling expenses or hotel bills of any officers or local committees or of any person or persons under pay of the state department of agriculture, college of agriculture or state teachers' colleges.

(RSMo 1939 § 14318)

Prior revisions: 1929 § 12660; 1919 § 12150

262.587 - Where council established, university to hire employees and consult with council on programs.

In counties in which there is a council the university shall:

(1)Have the responsibility and authority to employ and discharge such agents and employees as it deems necessary and proper for the conduct of extension work within the county and shall prescribe and assign their duties and determine their compensation and expenses allowed in the discharge of their duties and shall exercise supervisory powers in the establishment and maintenance of proper offices, equipment, and supplies necessary for the proper administration of the extension program.

(2)With the advice and counsel of the council, formulate extension programs in the county and it shall be responsible for the administration and execution of the extension program in each county.

(3)Before assigning any extension personnel in the area over which the council has jurisdiction first consult and advise with the council affected before making the assignment of personnel.If personnel proposed by the university is not satisfactory to the council another person shall be made available by the university.

(4)Consult with the council before taking action to discharge or remove any employee.

(L. 1961 p. 7 § 12)

262.560 - University to hire employees — salaries and expenses paid, how.

The university shall have the responsibility and authority to employ such persons as it deems necessary and proper for the conduct of extension work and shall prescribe and assign their duties and provide for the compensation and expenses incurred in the discharge of their duties and shall provide for the establishment and maintenance of proper offices, equipment, and supplies therefor, provided that, in counties having a council, the council shall pay such salaries and expenses as shall be assigned to it in the financial budget.

(L. 1961 p. 7 § 4)

262.960 - Citation of law — program created, purpose — agencies to make staff available — duties of department.

1.This section shall be known and may be cited as the "Farm-to-Table Act".

2.There is hereby created within the department of agriculture the "Farm-to-Table Program" to connect Missouri farmers and institutions in order to provide institutions with locally grown agricultural products for inclusion in meals and snacks and to strengthen local farming economies.The department shall establish guidelines for voluntary participation and parameters for program goals, which shall include, but not be limited to, participating institutions purchasing at least ten percent of their food products locally by December 31, 2019.The department shall designate an employee to administer and monitor the farm-to-table program and to serve as liaison between Missouri farmers and institutions.Nothing in this section, nor the guidelines developed by the department, shall require an institution to participate in the farm-to-table program.

3.The following agencies shall make staff available to the Missouri farm-to-table program for the purpose of providing professional consultation and staff support to assist the implementation of this section:

(1)The department of health and senior services;

(2)The department of elementary and secondary education;

(3)The office of administration; and

(4)The department of corrections.

4.The duties of the department employee coordinating the farm-to-table program shall include, but not be limited to:

(1)Establishing and maintaining a website database to allow farmers and institutions to connect whereby farmers can enter the locally grown agricultural products they produce along with pricing information, the times such products are available, and where they are willing to distribute such products;

(2)Providing leadership at the state level to encourage institutions to procure and use locally grown agricultural products;

(3)Conducting workshops and training sessions and providing technical assistance to institution food service directors, personnel, farmers, and produce distributors and processors regarding the farm-to-table program; and

(4)Seeking grants, private donations, or other funding sources to support the farm-to-table program.

(L. 2014 S.B. 672 merged with S.B. 701, A.L. 2016 S.B. 665)

262.829 - Principal office location — responsibilities of board.

The principal office of the board shall be located in Jefferson City, Missouri.The board may have offices at such other places as the board may from time to time designate.The board shall act as the organization within the department of agriculture charged with the promotion, research, and advisement of grapes and grape products in Missouri, and shall be the sole recipient of funding as provided for in section 311.554.

(L. 2005 S.B. 355)

262.593 - Council official for purposes of federal law — activities forbidden — collection of fees — acceptance of contributions and assistance.

1.The council shall be recognized as the official body within the county to cooperate with the university in carrying out the provisions of the Smith-Lever Act of Congress and amendments and acts supplementary thereto (7 U.S.C.A. Sec. 341 et seq.) and any other acts affecting extension programs.

2.The council shall not engage in commercial or other private enterprises, legislative programs, or other activities not authorized by sections 262.550 to 262.620 and shall not give preferred service to any individual, group or organization.

3.Councils may collect fees for specific services which require special equipment or personnel, such as a soil testing laboratory, seed testing service or other educational service, but they shall not collect dues for or pay dues to any state or national organization or association.The furnishing of supplies or services deemed necessary by the university and the council to the conduct of any education program authorized under sections 262.550 to 262.620 shall not be considered private enterprise or commercial activity within the meaning of sections 262.550 to 262.620.

4.Councils may accept contributions of funds from private sources to be used for extension purposes.Nothing in sections 262.550 to 262.620 shall prevent councils or extension personnel from using or seeking opportunities to reach an audience of persons interested in extension work through the help of interested farm organizations, civic organizations or any other group, but in using or seeking such opportunities the council and extension personnel shall make available to all groups and organizations in the county equal opportunity to cooperate in the educational extension program.

5.Extension personnel shall not require uniform bylaws, regulations and methods of procedure.

(L. 1961 p. 7 § 14)

262.270 - Director, powers — gambling prohibited, exception for pari-mutuel wagering — serving intoxicating liquor prohibited, exception — cooperation from other agencies, reimbursement.

1.The director shall make and, after its creation, the commission shall approve all rules, regulations and bylaws necessary and suitable for the conduct and control of the exhibitions, the sale of privileges, and for the proper control, operation and conduct of the fair not inconsistent with the law relevant to the operation of the state fair or with the constitution and laws of this state.All contracts granted after January 1, 1996, in relation to the state fair and state fairgrounds shall be approved by the commission and shall not be valid until approved.The director may employ necessary personnel for the proper management of the fair, and may rent or enter into long-term leases for a period not to exceed fifteen years with a right of renewal on consent of all parties or donate the use of any portion of the grounds and buildings for such purposes as he deems proper, section 37.005 or any other law to the contrary notwithstanding, and the grounds may be used, free of charge, by the state for encampment grounds for the state troops under the direction of the adjutant general of Missouri; except that in no event shall the rental or donation of the use of the grounds be allowed to interfere with the preparation for or the holding of the Missouri state fair.He shall not, directly or indirectly, permit any gambling devices of whatever nature other than for licensed pari-mutuel wagering conducted under the direction of the Missouri horse racing commission to be operated on the grounds, nor permit any intoxicating liquors, wine or beer to be sold thereon except in a facility operated as a part of and in conjunction with a restaurant facility operated in conjunction with and as a part of the facilities used for the conducting of horse racing and pari-mutuel wagering or except as provided in section 311.487.

2.The director with the approval of the commission may appoint and employ as many special policemen as are needed to maintain order or prevent breaches of the peace on and about the grounds whereon the fair is held.Before entering upon the discharge of his office, each special policeman shall take and subscribe an oath of office to faithfully and impartially discharge the duties thereof before an associate circuit judge or other official empowered to administer oaths in the county wherein the fair is held; and the officer shall give to such special policeman a certificate of his appointment and qualification, which shall clothe him with the same power to maintain order, preserve the peace and make arrests as is now held by a peace officer.In addition, any such special policeman may arrest and expel from the grounds persons violating the rules, regulations and bylaws of the Missouri state fair, under order of the director or his duly authorized representative.

3.The commission may request assistance from any state agency and may reimburse the contributing agency for the expense of cooperation involved from state fair fund.

(RSMo 1939 § 14159, A. 1949 S.B. 1091, A.L. 1967 p. 370, A.L. 1986 S.B. 572, A.L. 1987 S.B. 384, A.L. 1993 S.B. 76, A.L. 1994 S.B. 692)

Prior revisions: 1929 § 12480; 1919 § 12049; 1909 § 681

262.370 - Director's report to general assembly.

The director of agriculture shall, at each session of the general assembly of the state of Missouri, report faithfully all the facts, statistics and information contained in the reports transmitted to him from the county agricultural and mechanical societies organized and incorporated under the provisions of sections 262.290 to 262.540, and such other facts, statistics and information as he may gather from other counties in this state in regard to agriculture, mechanical and domestic manufactures and productions, and to the raising of the various breeds of stock.

(RSMo 1939 § 14169)

Prior revisions: 1929 § 12492; 1919 § 12061; 1909 § 693

262.470 - Rules and regulations, promulgation.

The director of the department of agriculture shall be and is hereby authorized and directed to make all reasonable and needful rules and regulations for the proper protection to the state in the administration of sections 262.215 to 262.490.Among other rules and regulations there is hereby delegated authority to examine and investigate at the expense of the fund for the encouragement of agriculture through county and district fairs and certain other agricultural exhibitions to make certain that such county and district fairs and exhibitions are deserving of participation in said fund; said director is further authorized to make needful expenditures from this fund for the proper administration of sections 262.215 to 262.490, including bulletins thereon, and it shall be the duty of said director to make full and complete report in matters relating hereto to the general assembly.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(RSMo 1939 § 14181, A.L. 1994 S.B. 692, A.L. 1995 S.B. 3)

Prior revision: 1929 § 12504

262.597 - Financial budget for extension programs — appropriations from counties.

The council, in cooperation with the county commission and the university, shall prepare an annual financial budget covering the county's share of the cost of carrying on the extension services contemplated by sections 262.550 to 262.620 which shall be filed with the county commission on or before January first each year and the county commission shall include the budget so filed in class four of the budget of county expenditures for such year in counties budgeting county expenditures by classes, and in the budget document of all other counties, subject to the following minimum appropriations:

(1)In counties with an assessed valuation of seventy million dollars or more, ten thousand dollars;

(2)In counties with an assessed valuation of twenty-five million dollars or more, but less than seventy million dollars, five thousand dollars;

(3)In counties with an assessed valuation of fifteen million dollars or more, but less than twenty-five million dollars, four thousand dollars;

(4)In counties with an assessed valuation of ten million dollars or more, but less than fifteen million dollars, two thousand five hundred dollars;

(5)In counties with an assessed valuation of eight million dollars or more, but less than ten million dollars, one thousand five hundred dollars;

(6)In counties with an assessed valuation below eight million dollars, one thousand two hundred dollars.

(L. 1961 p. 7 § 15)

*262.598 - Extension districts authorized — powers and duties — tax authorized, ballot language — withdrawal, ballot language — increase in tax, ballot language.

1.As used in this section, the following terms shall mean:

(1)"Consolidated district", a district formed jointly by two or more councils;

(2)"Council", a University of Missouri extension council authorized under section 262.563;

(3)"District" or "extension district", a political subdivision formed by one or more councils;

(4)"Governing body", the group of individuals who govern a district;

(5)"Single-council district", a district formed by one council.

2.University of Missouri extension councils, except for any council located in a county with a charter form of government and with more than nine hundred fifty thousand inhabitants, are hereby authorized to form extension districts made up of cooperating counties for the purpose of funding extension programming.An extension district may be a single-council district or a consolidated district.A single-council district shall be formed upon a majority vote of the full council.A consolidated district shall be formed upon a majority vote of each participating council.

3.In a single-council district, the council shall serve as the district's governing body.In addition to any other powers and duties granted to the council under sections 262.550 to 262.620, the council shall also have the powers and duties provided under subsection 5 of this section.

4.In a consolidated district, the governing body of the district shall consist of at least three, but no more than five, representatives appointed by each participating council.The term of office shall be two years.Representatives may be reappointed.The governing body shall elect officers, who shall serve as officers for two years, and establish a regular meeting schedule which shall not be less than once every three months.

5.The governing body of a district shall have the following powers and duties:

(1)Review the activities and annual budgets of each participating council;

(2)Determine, by September first of each year, the tax rate necessary to generate sufficient revenue to fund the extension programming in the district, which includes annual funding for each participating council for the costs of personnel and the acquisition, supply, and maintenance of each council's property, work, and equipment;

(3)Oversee the collection of any tax authorized under this section by ensuring the revenue is deposited into a special fund and monitoring the use of the funds to ensure they are used solely for extension programming in the district;

(4)Approve payments from the special fund in which the tax revenue is deposited; and

(5)Work cooperatively with each participating council to plan and facilitate the programs, equipment, and activities in the district.

6.The governing body of a district may submit a question to the voters of the district to institute a property tax levy in the county or counties that compose the district.Questions may be submitted to the voters of the district at any general municipal election.Any such proposed tax shall not exceed thirty cents per one hundred dollars of assessed valuation.The costs of submitting the question to the voters at the general municipal election shall be paid as provided in section 115.063.Such question shall be submitted in substantially the following form:

Shall the Extension District in ______ County (insert name of county) be authorized to levy an annual tax of ______ (insert amount not to exceed thirty) cents per one hundred dollars of assessed valuation for the purpose of funding the University of Missouri Extension District programs, equipment, and services in the district?

In a single-council district, if a majority of the voters in the county approve the question, then the district shall impose the tax.If a majority of the voters in a single-council district do not approve the question, then no tax shall be imposed.In a consolidated district, if a majority of voters in each county in the district approve the question, then the district shall impose the tax.If a majority of the voters in a consolidated district do not approve the question, then no tax shall be imposed in any county of the district.In a consolidated district, if a majority of voters in a county do not approve the question, the council in the county that did not approve the question may withdraw from the district.Upon such withdrawal, the district shall be made up of the remaining counties and the tax shall be imposed in those counties.However, if the county that did not approve the question does not withdraw from the district, the tax shall not be imposed.Revenues collected from the imposition of a tax authorized under this section shall be deposited into a special fund dedicated only for use by the local district for programming purposes.

7.The county commission of any county in which the tax authorized under this section is levied and collected:

(1)Shall be exempt from the funding requirements under section 262.597 if revenue derived from the tax authorized under this section is in excess of an amount equal to two hundred percent of the average funding received under section 262.597 for the immediately preceding three years; or

(2)May reduce the current year's funding amount under section 262.597 by thirty-three percent of the amount of tax revenues derived from the tax authorized under this section which exceed the average amount of funding received under section 262.597 for the immediately preceding three years.

8.Any county that collects tax revenues authorized under this section shall transfer all attributable revenue plus monthly interest for deposit into the district's special fund.The governing body of the district shall comply with the prudent investor standard for investment fiduciaries as provided in section 105.688.

9.In any county in which a single-council district is established, and for which a tax has not been levied, the district may be dissolved in the same manner in which it was formed.

10.A county may withdraw from a consolidated district at any time by the filing of a petition with the circuit court having jurisdiction over the district.The petition shall be signed by not fewer than ten percent of those who voted in the most recent presidential election in the county seeking to withdraw that is part of a consolidated district stating that further operation of the district is contrary to the best interest of the inhabitants of the county in which the district is located and that the county seeks to withdraw from the district.The circuit court shall hear evidence on the petition.If the court finds that it is in the best interest of the inhabitants of the county in which the district is located for the county to withdraw from the district, the court shall make an order reciting the same and submit the question to the voters.The costs of submitting the question to the voters at the general municipal election shall be paid as provided in section 115.063.The question shall be submitted in substantially the following format:

Shall the County of ______ (insert name of county) being part of ______ (insert name of district) Extension District withdraw from the district?

The question shall be submitted at the next general municipal election date.The election returns shall be certified to the court.If the court finds that two-thirds of the voters voting on the question voted in favor of withdrawing from the district, the court shall issue an order withdrawing the county from the district, which shall contain a proviso that the district shall remain intact for the sole purposes of paying all outstanding and lawful obligations and disposing of the district's property.No additional costs or obligations for the withdrawing county shall be created except as necessary.The withdrawal shall occur on the first day of the following January after the vote.If the court finds that two-thirds of the voters voting on the question shall not have voted favorably on the question to withdraw from the district, the court shall issue an order dismissing the petition and the district shall continue to operate.

11.The governing body of any district may seek voter approval to increase its current tax rate authorized under this section, provided such increase shall not cause the total tax to exceed thirty cents per one hundred dollars of assessed valuation.To propose such an increase, the governing body shall submit the question to the voters at the general municipal election in the county in which the district is located.The costs of submitting the question to the voters at the general municipal election shall be paid as provided in section 115.063.The question shall be submitted in substantially the following form:

Shall the Extension District in ______ (insert name of county or counties) be authorized to increase the tax rate from ______ (insert current amount of tax) cents to ______ (insert proposed amount of tax not to exceed thirty) cents per one hundred dollars of assessed valuation for the purpose of funding the University of Missouri Extension District programs, equipment, and services in the district?

In a single-council district, if a majority of the voters in the county approve the question, then the district shall impose the tax.If a majority of the voters in a single-council district do not approve the question, then the tax shall not be imposed.In a consolidated district, if a majority of voters in the district approve the question, then the district shall impose the new tax rate.If a majority of the voters in a consolidated district do not approve the question, then the tax shall not be imposed in any county of the district.Revenues collected from the imposition of the tax authorized under this section shall be deposited into the special fund dedicated only for use by the district.

(L. 2013 H.B. 542 merged with S.B. 9)

Effective 8-28-13 (H.B. 542); 10-11-13 (S.B. 9)

*S.B. 9 effective 10-11-13, see § 21.250.S.B. 9 was vetoed July 2, 2013.The veto was overridden on September 11, 2013.

262.570 - Description of district boundaries filed with county commission — numbering of districts — publication.

On or before October 1, 1961, or of any year thereafter, the university shall file with the county commission in each county in which there is to be established a council an instrument setting forth the boundaries of each district within the county established for the purpose of electing members to the council.The districts in each county shall be consecutively numbered from one.A copy thereof shall be published within fifteen days after it is filed.If the districts as originally established are at any time thereafter altered or changed, the university shall, on or before the first day of July, file with the county commission an instrument setting forth the change in the districts and the boundaries thereof and like notice as above provided shall be given of such change.

(L. 1961 p. 7 § 7)

262.962 - Definitions — task force created, mission, duties, report.

1.As used in this section, section 262.960, and subsection 5 of section 348.407, the following terms shall mean:

(1)"Institutions", facilities including, but not limited to, schools, correctional facilities, hospitals, nursing homes, long-term care facilities, and military bases;

(2)"Locally grown agricultural products", food or fiber produced or processed by a small agribusiness or small farm;

(3)"Participating institutions", institutions that voluntarily elect to participate in the farm-to-table program;

(4)"Schools", includes any school in this state that maintains a food service program under the United States Department of Agriculture and administered by the school;

(5)"Small agribusiness", a qualifying agribusiness as defined in section 348.400, and located in Missouri with gross annual sales of less than five million dollars;

(6)"Small farm", a family-owned farm or family farm corporation as defined in section 350.010, and located in Missouri with less than two hundred fifty thousand dollars in gross sales per year.

2.There is hereby created a task force under the AgriMissouri marketing program established in section 261.230, which shall be known as the "Farm-to-Table Task Force".The task force shall be made up of at least one representative from each of the following:the University of Missouri extension service, the department of agriculture, the department of corrections, the department of health and senior services, the department of elementary and secondary education, the office of administration, and a representative from one of the military bases in the state.In addition, the director of the department of agriculture shall appoint one person actively engaged in the practice of small agribusiness.In addition, the commissioner of education shall appoint one person from a school within the state who directs a food service program.The director of the department of corrections shall appoint one person employed as a correctional facility food service director.The director of the department of health and senior services shall appoint one person employed as a hospital or nursing home food service director.The director of the department of agriculture shall appoint one person who is a registered dietician under section 324.200.One representative for the department of agriculture shall serve as the chairperson for the task force and shall coordinate the task force meetings.The task force shall hold at least two meetings, but may hold more as it deems necessary to fulfill its requirements under this section.Staff of the department of agriculture may provide administrative assistance to the task force if such assistance is required.

3.The mission of the task force is to provide recommendations for strategies that:

(1)Allow institutions to more easily incorporate locally grown agricultural products into their cafeteria offerings, salad bars, and vending machines; and

(2)Allow institutions to work with food service providers to ensure greater use of locally grown agricultural products by developing standardized language for food service contracts.

4.In fulfilling its mission under this section, the task force shall review various food service contracts of institutions within the state to identify standardized language that could be included in such contracts to allow institutions to more easily procure and use locally grown agricultural products.

5.The task force shall prepare a report containing its findings and recommendations and shall deliver such report to the governor, the general assembly, and to the director of each entity represented on the task force no later than December thirty-first of each year.

6.In conducting its work, the task force may hold public meetings at which it may invite testimony from experts, or it may solicit information from any party it deems may have information relevant to its duties under this section.

7.Nothing in this section shall require an institution to participate in the farm-to-table program, and the department shall not establish guidelines or promulgate rules that require institutions to participate in such program.

(L. 2014 S.B. 672 merged with S.B. 701, A.L. 2016 S.B. 665)

262.462 - Application for funds, contents of — report on completion of a project, contents of.

1.The clerk or duly authorized official of a county, municipality, or other political subdivision shall submit a formal application to the director for matching funds, giving a description and providing plans and specifications of the proposed project together with estimated costs and a resolution passed by the governing body of the county, municipality, or political subdivision authorizing the application and the clerk or duly authorized official, upon notice of preliminary approval shall submit such additional detailed information as may be requested by the director. Approved projects shall be completed as soon as possible.

2.Upon completion of a project and acceptance by the governing body of the county, municipality, or other political subdivision, the clerk or duly authorized official of that county, municipality, or political subdivision shall submit to the director an itemized listing of services and materials, together with receipted invoices covering the services and materials or, in case of contracts, a copy of the contract, a summary of all bids received; and proof that all state laws and local ordinances concerning safety and building codes have been complied with.

(L. 1973 H.B. 310)

262.262 - State fair trust fund for prizes — disbursement — investment.

1.A special trust fund, to be known as the "State Fair Trust Fund", is established in the state treasury.All moneys received by the state from gifts, grants, legacies or devises for the purpose of providing premiums or prizes to winners of competition at the Missouri state fair in Sedalia, Missouri, shall be deposited in the state treasury to the credit of the trust fund.Moneys in the fund may be appropriated and may be disbursed, on warrants drawn by the director and approved by the commission, only for the purpose for which the moneys were received and for no other purpose.Any balance remaining in the fund at the end of the biennium shall not be transferred and placed to the credit of the general revenue of the state, but instead shall remain in the fund until appropriated and expended, or transferred in the manner authorized by the provisions of this section.

2.Moneys in the state fair trust fund not needed currently for the purposes designated in subsection 1 of this section may be invested by the state treasurer in the manner that other moneys of the state are authorized by law to be invested.All interest, income and returns from moneys of the trust fund shall be deposited in the state treasury to the credit of the trust fund.

(L. 1979 H.B. 792 § 1, A.L. 1994 S.B. 692)

*262.030 - Station established.

There is hereby created and established a "Fruit Experiment Station" in south Missouri.

(RSMo 1939 § 14052)

Prior revisions: 1929 § 12385; 1919 § 11955; 1909 § 616

*The fruit experiment station was transferred to the Southwest Missouri State University, by type I transfer, by the Reorganization Act of 1974.

262.795 - Agriculture work, performed by children permitted, when.

Any law to the contrary notwithstanding, a child, as defined in subdivision (1) of section 294.011, may perform agriculture work, as defined in subdivision (1) of section 290.500, on a farm owned and operated by the child's parent, sibling, grandparent or sibling of a parent or, if performed by the child with the knowledge and consent of the child's parent, on any family farm, as defined in subdivision (4) of section 350.010, or on any family farm corporation, as defined in subdivision (5) of section 350.010, including work that would otherwise be prohibited by subdivisions (1), (2), (3), (7), and (12) of section 294.040; but no such child shall be permitted to engage in any other activities prohibited by section 294.040.The term "parent", as used in this section, shall have the same meaning as in subdivision (8) of section 294.011.Children engaged in work permitted by this section may do so without obtaining a work certificate as required by section 294.024.Children engaged in work permitted by this section are not subject to the limitations set out in section 294.030 and subsection 4 of section 294.045.

(L. 2013 S.B. 16)

*262.200 - State poultry experiment station — location — functions.

1.In order to determine and demonstrate the importance of improved and better methods of feeding, housing, incubation, brooding, breeding and rearing of poultry, and to bring the results of scientific research of state and federal experiment stations within the reach of all farmers and poultry raisers of Missouri, the state poultry board shall establish, conduct and maintain a state poultry experiment station.The objects and purposes of said experiment station shall be to experiment with the different kinds of houses, incubators, brooders, and appliances, and the different varieties of poultry, to determine which are best adapted to the farmers and poultry raisers of Missouri, in the different sections thereof, to make a study of different diseases to which poultry is subject, and the remedies to prevent such diseases and to make all other experiments and tests and do any and all other things which shall tend to the betterment of the poultry interests of the state.

2.Said experiment station shall be located on twenty-five acres of the land now occupied and used by the state fruit experiment station at Mountain Grove and on land adjacent thereto or in the vicinity thereto.After the manager or trustees of said fruit experiment station have selected and set aside the twenty-five acres of land they desire to have used for the state poultry experiment station, then the state poultry board are to have absolute control of said twenty-five acres of land, the poultry buildings, and the poultry experiments to be conducted on said land.Experiments and demonstrations herein provided for shall be conducted by and under the direction of the secretary of the state poultry board, which said board shall maintain its office and headquarters at said experiment station.

3.Said board shall employ such additional help as is needed to insure the success of the experiment station and to make it beneficial to the people of the state.The members of the state poultry board and the secretary of the board shall erect such buildings and conduct such experiments as the appropriations for that purpose will permit and which they believe will be most practical and helpful to the farmers and poultry raisers of Missouri.

4.Upon the request of the superintendent or steward of any state institution, it shall be the duty of the secretary of the state poultry board, by personal visit, bulletins and otherwise, to give information to the persons in charge of the poultry departments of the farms, conducted in connection with the different state institutions of this state, of such experiments as he may have conducted and such other information which he thinks would be to the interest of such departments.And it shall also be the duty of all such persons as may be in charge of such poultry departments at said institutions to make all experiments possible, not inconsistent with their other duties, and to report the same to said secretary of the state poultry board.

5.It shall be the duty of said secretary, so far as possible, to verify such experiments and results and to embody such of them as he deems advisable and of public interest in his annual reports, bulletins and publications.The state poultry board shall print an annual report and shall carefully digest and compile the results obtained as a result of experiments conducted at this station and publish the same from time to time in their reports and in bulletin form in language as free from technicalities as possible, for free distribution to the farmers of the state, to the public libraries, to the governor, and the members of the general assembly, and elsewhere as the judgment of the board may direct.

6.The state poultry board may sell such surplus poultry and eggs as may accumulate, and shall charge such prices for the same as in their judgment is reasonable and moderate, and there is also hereby appropriated such sums as may result from the sale of such surplus products, the same to be used by said board in equipment or maintenance of the poultry experiment station and to be accounted for by them in their annual report.

(RSMo 1939 § 14153)

Prior revision: 1929 § 12469

*All the powers, duties, functions and properties of the state poultry experiment station were transferred, by type I transfer, to the University of Missouri by the Reorganization Act of 1974. The state poultry association and the state poultry board were abolished. The Reorganization Act also provides that in the event the university shall cease to use the real estate of the station for the purposes of research or shall declare the same surplus, all real estate shall revert to the governor of the state and shall not be disposed of without legislative approval. See Appendix B and section 173.005.

262.007 - Exhibition of livestock at fairs and expositions in this state, all 4-H and FFA members permitted to participate — rules and fees permitted.

The governing body of all national, state, and local fairs and expositions conducted in this state which include the exhibition of livestock shall permit all qualifying 4-H and Future Farmers of America (FFA) members to exhibit livestock at such fair or expos}s.The governing body of each national, state, and local fair or exposition shall have the authority to establish rules and fees for participation in its individual events.

(L. 2012 S.B. 631 § 1)

262.703 - Violations — penalty — fines.

1.No person shall violate the southern dairy compact, or any rules or regulations adopted pursuant to the compact.

2.In addition to any other penalties provided by law, a fine of one thousand dollars may be imposed for each violation, licenses may be revoked or suspended, or an additional fine may be imposed in lieu of revocation or suspension.

3.Each day on which a violation occurs shall be a separate violation.

4.Fines for violating any rule or regulation shall be subject to the provisions of chapter 536.

(L. 1999 H.B. 541)

262.603 - Names of council members and officers given university and county commission, when.

Before the allocation of funds is made by the county commission the council shall present to the university and the county commission a list of members of the council and of its officers with statements signed by the chairman of the council certifying that the named officers have been duly elected and qualified as specified in sections 262.583 and 262.607.

(L. 1961 p. 7 § 17)

262.856 - Powers of the board.

The board shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of sections 262.820 to 262.859, including, but not limited to, the power to:

(1)Receive and accept from any source, aid, or contributions of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of sections 262.820 to 262.859, subject to the conditions upon which the grants or contributions are made, including, but not limited to, gifts, or grants from any department, agency, or instrumentality of the United States for any purpose consistent with sections 262.820 to 262.859;

(2)To work with and counsel the viticulture and enology experts on the needs and requirements of grape producers and wine makers so as to optimize their work in developing the best strains of all grape varieties related to soil and climate conditions throughout the state and developing the art of wine making utilizing Missouri produced grapes;

(3)To review progress and final reports from these experts to determine the potential of economic forecasts for developing the Missouri grape and wine industries;

(4)To confer and cooperate with similar boards or councils in other states to further understandings and accords on the grape and wine industries;

(5)To approve and recommend desirable amendments to these powers of the board;

(6)To perform such other duties as may be necessary to proper operations of the board.

(L. 2005 S.B. 355)

262.607 - Bond of treasurer — action for breach, by whom brought.

1.The treasurer of the council within ten days after his election as treasurer and before entering upon the duties of his office shall execute to the council a corporate surety bond of not less than one hundred twenty-five percent of the estimated amount that will be in his hands as treasurer at any one time.All such bonds shall be conditioned on his faithful discharge of the duties of the office of treasurer.The amount and sufficiency of all bonds shall be determined by the county clerk, and upon his approval endorsed on the bond, the bond shall be filed with the county clerk, who shall notify the chairman of the council and the county treasurer of the approval and filing.The cost of such bond shall be paid by the council.

2.In the event of the breach of any condition thereof, the chairman of the council shall, and if he does not any member of the council may, cause a suit to be commenced thereon in his own name for the benefit of the council, in which suit it shall not be necessary to include the treasurer as a party and the money collected shall be applied to the use of the council, as the same should have been applied by the treasurer.

(L. 1961 p. 7 § 18)

262.217 - State fair commission, created — commissioners, appointment, expenses, vacancies.

Effective September 1, 1995, there is created a "State Fair Commission" whose domicile for the purposes of sections 262.215 to 262.280 shall be the department of agriculture of this state.The commission shall consist of nine members, two of whom shall be active farmers, two of whom shall be either current members or past presidents of county or regional fair boards, one of whom shall be the director of the department of agriculture, one of whom shall be employed in agribusiness, and three at-large members who shall be Missouri residents.The director of the department of agriculture shall be the chairman of the commission until January 31, 1997, and shall not be counted against membership from a congressional district, at which time the chairman shall be elected from among the members of the commission by the commission members.Such officer shall serve for a term of two years.Commissioners shall be reimbursed for their actual and necessary expenses incurred when attending meetings of the commission, to be paid from appropriations made therefor.Commissioners shall be appointed by the governor, with the advice and consent of the senate.The county fair association in the state may submit to the governor a list of nominees for appointment, three from each congressional district, for those commission members who are required to be current members or past presidents of county fair boards.Not more than four commissioners excluding the director of agriculture shall be members of the same political party.Each commissioner shall be a resident of the state for five years prior to his appointment.The eight initial commissioners shall be appointed as follows:two shall be appointed for terms of one year, two for terms of two years, two for terms of three years and two for terms of four years.Their successors shall be appointed for terms of four years.A commissioner shall continue to serve until his successor is appointed and qualified.Whenever any vacancy occurs on the commission, the governor shall fill the vacancy by appointment for the remainder of the term of the commissioner who was replaced.There shall be no more than two commission members from any congressional district.

(L. 1994 S.B. 692, A.L. 1995 S.B. 437)

262.613 - Secretary, duties, report — records open.

The secretary of the council shall record the proceedings of all meetings of the council and of the officers of the council in books provided for that purpose; prepare and submit to each annual meeting of the council a report on the work and activities of the council since the last annual meeting; and perform such other duties as are usually performed by secretaries and as may be prescribed by the council.

(L. 1961 p. 7 § 20)

262.617 - Annual report to county commission.

At the close of each calendar year the council, through its secretary, shall make an annual detailed report to the county commission, covering all receipts and expenditures, together with a summary of work undertaken and results accomplished.The report shall be filed with the county commission not later than February first, following the close of the year or portion of year covered by the report.

(L. 1961 p. 7 § 21)

*262.010 - State horticultural society created.

"The Missouri State Horticultural Society" is hereby instituted and created a body corporate, to be named and styled as above, and shall have perpetual succession, power to sue and be sued, complain and defend in all courts, and to make and use a common seal and alter the same at pleasure.

(RSMo 1939 § 14032)

Prior revisions: 1929 § 12365; 1919 § 11953; 1909 § 614

*The state horticultural society was transferred to the department of agriculture, by type I transfer, by the Reorganization Act of 1974.

CROSS REFERENCES:

Apple merchandising fund, society to authorize director of the department of agriculture to expend, how, 265.200

Hawthorn blossom, state floral emblem, cultivation to be encouraged, 10.030

262.847 - Reimbursement for expenses.

Board members shall receive no compensation for the performance of their duties under sections 262.820 to 262.859, but each board member shall be reimbursed from the funds of the board for actual and necessary expenses incurred in carrying out the member's official duties under sections 262.820 to 262.859.

(L. 2005 S.B. 355)

262.557 - Formulation and administration of extension program.

The university may formulate an extension program in the counties of the state and shall be responsible for the administration and execution of the extension program in each county.

(L. 1961 p. 7 § 3)

262.553 - University may receive and disburse federal grants for extension work.

The assent of the general assembly having heretofore been given to the provisions and requirements of the Act of Congress of May 8, 1914, and amendments thereto (7 U.S.C.A. Sec. 341 et seq.), the University of Missouri is authorized and empowered to receive and expend the grants of money appropriated under said acts and all acts amendatory or supplementary thereto, together with any money appropriated by the state or received from any source whatsoever for the aid of extension work in the counties of Missouri, and to cooperate with the United States Department of Agriculture, other agencies, and with persons and organizations in the conduct thereof, all in accordance with the terms and conditions expressed in said acts of congress.The treasurer of the University of Missouri is hereby empowered to receive the funds appropriated by said acts of congress and any money appropriated by the state or received from any source whatsoever for said purposes.Any funds accepted by the university for the purpose of aiding the extension work as provided in sections 262.550 to 262.620 subject to conditions and use thereof, shall be received by the university subject to such conditions and the money shall be expended by it for such purposes and in accordance with the terms of the grant or gift.

(L. 1961 p. 7 § 2)

262.802 - Abeyance of water and sewer assessments, when — applicability — charges, when paid, amount — notice provided, contents — disputes, procedure.

1.This state or any political subdivision of this state shall hold water and sewer assessments in abeyance, without interest, until improvements on such property are connected to the water or sewer system for which the assessment was made.However, if a political subdivision requires the property to be connected to the sewer system of the political subdivision pursuant to section 644.027, such connection shall not trigger the payment of the assessment.

2.The provisions of this section shall apply only to tracts of real property:

(1)Comprised of ten or more contiguous acres; and

(2)Used for farming purposes.

3.At the time improvements on such property are connected to the water or sewer system, the owner shall pay to the political subdivision an amount equal to the proportionate charge for the number of system lines connected to improvements on such property.

4.The owner shall not be charged based on the total cost of running the water or sewer system to or across the owner's real property.Rather, the assessment shall be based on:

(1)A reasonable hookup charge;

(2)A proportionate charge for the number of improvements requested to be connected to such assessments in relation to the total capacity of the system; and

(3)The anticipated proportionate burden to the system.

5.The period of abeyance shall end when the property ceases to be used for farming purposes.

6.When the period of abeyance ends, the assessment is payable in accordance with the terms set forth in the assessment resolution, so long as such terms are not inconsistent with sections 262.800 to 262.810.To the extent that such terms are inconsistent, the provisions of sections 262.800 to 262.810 shall control.

7.All statutes of limitation pertaining to action for enforcement of payment for assessments shall be suspended during the time that any assessment is held in abeyance without interest.

8.In addition to any other federal, state or local requirements concerning assessments for improvements, the political subdivision responsible for assessments shall notify owners of all properties which are proposed to be assessed of the amount proposed to be charged and the terms of payment for each improvement and that the property may be subject to protection according to the provisions of the Missouri farmland protection act.

(1)The notice shall:

(a)Be provided in writing to the owners and all parties of recorded interest, at the address listed on records of the county for the receipt of real property tax statements for such tract of land;

(b)Be sent certified mail, return receipt requested, restricted delivery to addressee;

(c)Clearly state the total amount of the proposed assessment for said parcel of real property;

(d)State in the body of the letter as follows:

"As owners of the property proposed to be assessed, you have one hundred eighty days from the date of receipt of this notice to accept, in writing, the amount of the assessment stated herein or to dispute the amount by filing an action in the circuit court of the county where the real property is located.If your property is comprised of ten or more contiguous acres, your property may be eligible for protection from payment of the assessment under the Missouri Farmland Protection Act as provided in chapter 262, RSMo, and you have sixty days from the date of receipt of this notice to notify (the political subdivision proposing the assessment), in writing, of your intent to claim protection for your property under the Act.Whether or not you claim the protection under the Farmland Protection Act, you have the right to dispute the amount of the assessment in circuit court.";

(e)Owners must be given the address for sending notice to the political subdivision with the letter; and

(f)A copy of the farmland protection act shall be included with the letter.

(2)An owner claiming protection under the farmland protection act does not forfeit the right to contest the amount of the assessment.

9.Any owner of property proposed to be assessed who chooses to dispute the amount of the assessment shall file an action disputing the amount of the assessment in the circuit court of the county in which the real property subject to the assessment is located.The action disputing the assessment must be filed within one hundred eighty days of receipt of the notice in subsection 8 of this section.

10.Any political subdivision that disputes the applicability of the farmland protection act to property proposed to be assessed shall file an action in the circuit court of the county in which the real property subject to the assessment is located to dispute the applicability of the farmland protection act to said parcel of real property.Such action must be filed within thirty days of receipt of the notice of the claim for protection under the farmland protection act.

11.Nothing in this section shall be construed as diminishing the authority of counties or other political subdivisions to hold assessments in abeyance.

12.The provisions of this section shall not apply to public water supply districts as defined by sections 247.010 to 247.227, except that a public water supply district shall not require payment from landowners whose property is crossed to service another tract of land until any improvement on such property is connected to the rural water supply district.At the time such connection is made, the provisions of the farmland protection act shall apply.

13.In a city with a population of at least four hundred thousand located in more than one county, the assessments on a tract of property entitled to protection pursuant to the provisions of the farmland protection act shall be held in abeyance except that an initial payment of an amount not to exceed five hundred dollars per acre of the tract, up to an amount not to exceed ten thousand dollars may be assessed at the time of final judgment concerning the amount of the assessment or upon mutual agreement of the parties as to the amount of the assessment.In all other respects, the provisions of the farmland protection act shall apply.

14.If a political subdivision files any action challenging the constitutionality or to have all or any portion declared null and void or for declaratory judgment of sections 262.800 to 262.810, the state shall be added as a party to any such action and the attorney general of Missouri shall defend such action.Any owner of property that is subject to the provisions of the farmland protection act shall have the right to be apprised of the status of such action.If the property owner requests separate representation in writing, the attorney general may appoint a special assistant attorney general if the property owner asserts an argument in conflict with the arguments asserted by the attorney general.Such special assistant attorney general may continue to represent the property owner for purposes of all appeals.If the political subdivision fails to prevail, whether in whole or in part, in its action, the entire cost of providing representation to the landowner, including reasonable attorney fees and costs, shall be fully reimbursed to the state of Missouri by the political subdivision.

(L. 2001 S.B. 462)

262.853 - Duties of the secretary.

The secretary shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of its minute book.The secretary shall have the authority to cause to be made copies of all minutes and other records and documents of the board.

(L. 2005 S.B. 355)

262.702 - Dairy industry information, director to obtain, for use of southern dairy compact commission.

1.The director of the department of agriculture may, by lawful means, obtain information pertaining to the dairy industry which he deems necessary to carry out the purposes of the provisions of the southern dairy compact.Such information may be utilized by the director, the delegates, and the southern dairy compact commission.

2.The director may adopt such rules and regulations, in accordance with chapter 536, as are necessary to carry out the purposes of this chapter and the southern dairy compact.

(L. 1999 H.B. 541)

262.490 - Payment of claims.

The director of the department of agriculture shall pay the claims of any such fair, agricultural society or exhibition coming under the terms of sections 262.450 and 262.460 on approval of the commissioner of administration if satisfied, after due investigation and proof that such fair, agricultural society or exhibition has complied with the provisions of law relating to such payments and he shall pay such claims in the same manner as in the regular accounting by said department.

(RSMo 1939 § 14183, A.L. 1947 V. I p. 21)

Prior revision: 1929 § 12506

262.590 - Recommendations by council — administration of county's share of costs — council to receive property.

The council in any county shall have the right and duty to:

(1)Make recommendations and suggestions to the university concerning the extension program;

(2)Make recommendations and suggestions to the university concerning the appointment or removal of extension personnel;

(3)Arrange for and administer the county's share of the cost of the extension services in the area over which the council has jurisdiction;

(4)Receive by way of gift, purchase, or otherwise acquire, in its own name, real or personal property with the right to hold and to sell and convey title to any such property; provided no real estate not reasonably required for the administration of the extension program shall be held by the council for a period longer than two years.

(L. 1961 p. 7 § 13)

262.577 - Notice of nominees and statement of right to nominate to be published — ballot.

The council shall cause the list of nominees named by it to be published at least once, which publication shall be not more than fifty days nor less than thirty days prior to the date fixed for the election.The publication of notice shall also contain a statement that additional nominees for council members may be made by petition of twenty-five or more qualified voters residing within the district filed with the council within twenty days after the publication of notice of election.The names of all such nominees shall be placed upon a ballot to be submitted to the voters of the respective districts at the election.

(L. 1961 p. 7 § 9)

262.826 - Definitions.

As used in sections 262.820 to 262.859, the following terms shall mean:

(1)"Board", the Missouri wine and grape board established pursuant to section 262.820;

(2)"Council", the Missouri wine marketing and research council established pursuant to section 275.462.

(L. 2005 S.B. 355)

262.290 - Incorporation, procedure — powers — buildings and improvements — exception.

Whenever fifty or more registered voters of this state shall present a petition to the county commission of the county in which they or a majority of them reside, stating therein that they desire to organize and be incorporated for the purpose of promoting improvements in agriculture, manufacture and the raising of stock, and setting forth in such petition the name and location to be adopted by the proposed incorporation, the name to be "The (name of county) Agricultural and Mechanical Society of (name of town or city where the office of said society is to be located)", and the county commission shall be satisfied that such persons are registered voters of this state, the county commission shall, by order, declare the petitioners incorporated for the purpose specified in this section, and thenceforth the petitioners shall be a body politic and corporate by the name and style adopted, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, plead and be impleaded, defend and be defended, in all courts and in all actions, pleas and matters whatsoever, shall have the authority to borrow money, and shall have power to purchase, hold, lease, rent, mortgage, and receive any quantity of land with such buildings and improvements as may be placed thereon, and any other property and may, by vote, determine that thereafter the members of such society shall be composed of such persons as shall subscribe at least one share of the capital stock thereof, in shares not exceeding five hundred dollars each, said shares to be personal property and transferable by agreement; but no transfer shall be binding on the society until reported in writing and approved by the board of directors.The amount of such capital stock shall, from time to time, be fixed by the stockholders or board of directors, provided the same shall at no time exceed two million dollars, and the board of directors may convey, lease, sell and dispose of the property of the society, or any part thereof, for the benefit of the society and have a common seal, and break and alter the same at pleasure.

(RSMo 1939 § 14161, A.L. 1988 S.B. 811, A.L. 1990 H.B. 1070, A.L. 1992 H.B. 1595, A.L. 1993 H.B. 566, A.L. 1994 S.B. 692, A.L. 2003 S.B. 611)

Prior revisions: 1929 § 12484; 1919 § 12053; 1909 § 685

262.390 - Membership — fees — failure to pay annual fee, effect.

The members of any society organized under the provisions of sections 262.290 to 262.540 shall be composed of such persons, and none others, as shall have subscribed their names as such in the books in which the proceedings of the society and of the board of directors are or shall be recorded, and shall have paid annually to the treasurer of the society such sum, not exceeding one hundred and fifty dollars per share of stock in any one year, as may be established by the rules, bylaws and regulations of the society as a membership fee, and such persons shall be members only for the year for which they shall have paid such fee; or, if the bylaws, rules, and regulations of the society allow, a member may volunteer his time to the society in lieu of paying all or part of the fee established under this section.Any person or stockholder not paying the regular annual membership fee adopted by the board shall forfeit to the society all stock and all previous payments, whether for stock or membership.

(RSMo 1939 § 14171, A.L. 1992 H.B. 1595)

Prior revisions: 1929 § 12494; 1919 § 12063; 1909 § 695

262.573 - Annual election for membership on council.

In the month of January of each year an election shall be held in each of the established districts in which there is a vacancy for membership on the council, for the election of a member or members to the council, at which election each citizen of voting age residing in the district shall be entitled to vote.

(L. 1961 p. 7 § 8)

262.090 - Lands — duties of manager — not to engage in fruit business.

The manager and inspector under supervision of the board of regents of Southwest Missouri State University is hereby authorized to cause said lands to be cleared, fenced and put in a state of cultivation, or so much thereof as shall be necessary for present uses, and shall plant such trees, berries or vines as the manager and inspector shall think proper as an experiment, and shall test the various varieties as to their adaptability for the climate, the kinds of fruits and berries as to the kind most adapted for the market and most free from disease, and may hire and employ such force as is necessary to do and perform said work.Neither the manager and inspector or any member of his immediate family shall, either directly or indirectly, engage in the production of fruit or fruit products for sale, or purchase for resale any fruit or fruit products during his term of office.

(RSMo 1939 § 14058, A.L. 1953 p. 5)

Prior revisions: 1929 § 12391; 1919 § 11961; 1909 § 622

262.580 - Establishment of first county council.

If a council is established in any county not having a county agricultural extension council created under the provisions of section 262.561, RSMo 1959, the university shall do all acts and things required to be performed by the council incidental and necessary to the establishment of the first council within the county.

(L. 1961 p. 7 § 10)

262.567 - Council, how composed — terms of members — vacancies — duties begin, when — limit on tenure.

1.The University of Missouri extension council in each county shall be composed of the following members:

(1)At least one elected member from each district within the county as established under the provisions of sections 262.550 to 262.620; if no districts shall be established then from each township within the county.Such member shall be a resident of the district from which elected.

(2)A member of the county commission to be designated by the commission, or if none be so designated, then the presiding commissioner of the county commission.

(3)One member from each general farm organization having a membership in the county of twenty-five or more persons, such members to be appointed by the farm organization in such manner as it may determine.

(4)One member from each incorporated town or city within the county having a population of ten thousand or more, as shown by the latest federal decennial census, to be appointed by the mayor of the town or city.Such member shall be a resident of such town or city.

(5)In counties having no town or city with a population of ten thousand or more, as shown by the latest federal decennial census, one member to be appointed by the mayor of the town or city designated by the elected council of the county which may or may not be included in a district.Such member shall be a resident of the designated town or city.

2.Council members, both elected and appointed, shall hold office for a term of two years, and until their successors are elected and qualified, provided that in the first council in a county approximately one-half of the elected and appointed council members shall be elected or appointed for a term of one year, and until their successors are elected and qualified.

3.Men and women shall be eligible for membership on the council.

4.Vacancies in the elected council membership shall be filled until the next annual election by council appointment and vacancies in the appointed membership shall be filled until the next annual election in the manner provided for the original appointment.

5.The newly organized council shall assume its duties on March first of each year.

6.All elected or appointed council members may serve two consecutive two-year terms, provided that those members elected or appointed for a one-year term may not be elected or appointed for more than one additional consecutive two-year term.

7.An elected or appointed council member upon serving two two-year consecutive terms shall become eligible for reelection or reappointment to the council after one year.

8.The county agricultural extension councils of the respective counties created under provision of section 262.561, RSMo 1959, shall constitute the councils of the respective counties and shall perform the duties herein provided for such councils until the councils are established as provided by sections 262.550 to 262.620.

(L. 1961 p. 7 § 6)

262.480 - Claims for benefits — procedure.

On or before a date set by the director of agriculture the president and secretary of any fair or agricultural society claiming benefits under sections 262.450 and 262.460, shall file with the director of agriculture a sworn statement in duplicate of the actual amount of cash premiums paid for the current season, which must correspond with the public offer of premiums, and a further sworn statement that at such fair or exhibition all gambling and gambling devices of whatsoever kind, and the sale of intoxicating liquors, and all obscene exhibitions, have been prohibited and excluded from the grounds of such fair, agricultural society or exhibition, and all adjacent grounds under their authority or control.Such statement in duplicate shall be accompanied by an itemized list in duplicate of all premiums paid, upon which aid is claimed under sections 262.450 and 262.460, two copies of the published premium list of such fair, and a full detailed statement of the receipts and expenditures in duplicate for the current year, all duly verified by the president and secretary of such fair, agricultural society or exhibition, and such other reports and data as may be required by the director of agriculture.

(RSMo 1939 § 14182, A.L. 1947 V. I p. 21)

Prior revision: 1929 § 12505

262.380 - Holding of property, when.

The land and other property which may be held by any society under the provisions of sections 262.290 to 262.540 shall be held by the society for the sole purpose, and none other whatsoever, of erecting enclosures, buildings, and other improvements calculated and designed for meetings of the society, and for exhibitions of various breeds of horses, cattle, mules and other stock, and of agricultural, mechanical and domestic manufactures and productions, and for the purchase and importation, breeding and the keeping thereof of such foreign breeds of stock as the board of directors may deem advantageous to the interest of the county, and for the breeding, raising, purchasing and selling of all classes of purebred stock.

(RSMo 1939 § 14170)

Prior revisions: 1929 § 12493; 1919 § 12062; 1909 § 694

262.280 - County exhibits.

The county commission of any county in this state may, in its discretion, appropriate such sums of money as it may deem necessary or proper for an exhibit of the resources and products of the county at the Missouri state fair out of any funds not otherwise appropriated, and the county commission may appoint some suitable person to look after said exhibit for such county.

(RSMo 1939 § 14160)

Prior revisions: 1929 § 12483; 1919 § 12052; 1909 § 684

262.832 - Membership on board, effect on employment of state officers and employees.

Notwithstanding the provisions of any other law to the contrary, no officer or employee of this state shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership on the board or his or her service thereto.

(L. 2005 S.B. 355)

262.080 - Procurement of buildings and grounds.

As soon as said experiment station is located it shall be the duty of the board of regents of Southwest Missouri State University to procure grounds, if not already donated, at the best advantage, either by donation or purchase, and to erect such buildings thereon for the use of said station; provided, however, they may lease buildings or buy them, if already built, separate and apart from the grounds, provided the grounds shall not be located more than one mile from said buildings.

(RSMo 1939 § 14057)

Prior revisions: 1929 § 12390; 1919 § 11960; 1909 § 621

262.563 - Missouri extension council established in county, when.

1.The university may establish a University of Missouri extension council in each of the counties of the state, which shall be designated as the "University of Missouri Extension Council of ______ County".

2.If written requests be filed with the university by twenty-five citizens of voting age residing in each of the several townships of the county having more than one hundred citizens of voting age, or signed by ten percent of the citizens of voting age residing in those townships having less than one hundred citizens of voting age, the university shall establish a council in such county.