Missouri § 266.545 - Rules, procedure — director's powers.

§ 266.545. Rules, procedure — director's powers.

1.  The duty of enforcing and administering sections 266.500 to 266.550 shall be vested in the director.  The director shall, in accordance with this section and chapter 536, promulgate such reasonable rules and regulations necessary to provide for the efficient enforcement of sections 266.500 to 266.550; except that, no rule or regulation, nor revision or rescission thereof, shall be filed with the secretary of state until the same has been approved by a majority of the advisory council members provided for in sections 266.500 to 266.550.

2.  The director or his authorized agents are authorized and empowered to:

(1)  Collect samples, inspect, and make analyses of agricultural liming materials sold, offered, or exposed for sale within this state;

(2)  Enter upon any public or private premises during the regular business hours in order to have access to the agricultural liming materials subject to sections 266.500 to 266.550, and the rules and regulations promulgated thereunder, and to take samples and inspect such agricultural liming materials;

(3)  Inspect and audit the records pertaining to the sale of agricultural liming materials of every producer or distributor who sells, offers for sale, or exposes for sale agricultural liming materials for consumption or use in this state, to determine whether or not compliance with the provisions of sections 266.500 to 266.550 are being met;

(4)  Issue and enforce a written or printed "stop-sale, use, or removal" order to the owner or custodian of any agricultural liming material which is found to be in violation of any of the provisions of sections 266.500 to 266.550, which order shall prohibit further sale of such agricultural liming materials until the provisions within sections 266.500 to 266.550 have been complied with or the violation has been otherwise legally disposed of by authority of the director;

(5)  Maintain a laboratory with necessary equipment, and to employ such employees as may be necessary to aid in the administration of sections 266.500 to 266.550;

(6)  Publish each year the full and detailed report giving the names and addresses of all producers and distributors registered under sections 266.500 to 266.550, including the analytical results of all samples collected.  A statement of all fees, tonnage of agricultural lime, and expenditures made under sections 266.500 to 266.550 shall be a composite for the entire state of Missouri;

(7)  Revoke or suspend the permit or refuse to issue a permit to any producer or distributor who has willfully violated any of the provisions of sections 266.500 to 266.550 or who failed or neglected to pay the fees provided for in sections 266.500 to 266.550.

3.  No rule or portion of a rule promulgated under the authority of sections 266.500 to 266.550 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1976 H.B. 1630 § 10, A.L. 1985 S.B. 65, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

---- end of effective  28 Aug 1995 ----

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