2 CSR — Department of Agriculture

Division 10 Ag Business Development

Chapter 1 Organization and Description

2 CSR 10-1.010 General Organization {#sec-2-csr-10-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-1.010}

PURPOSE: The purpose of this rule is to comply with section 536.023, RSMo which requires each agency to adopt as a rule a description of its operation and the methods in which the public may obtain information or make submissions or requests.

(1) The Ag Business Development Division is a unit of the Department of Agriculture, state of Missouri.

(A) The primary responsibilities of this division are to provide leadership for the promotion and advancement of Missouri’s agricultural economy in support of producers, consumers, and agri-business innovation, technology adoption, and economic development.

(B) To accomplish this the division pursues advocacy for producers and consumers through domestic and international market development and business development activities.

(2) This division is located at 1616 Missouri Blvd., Jefferson City, MO 65101, (573) 751- 2613.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 536.023, RSMo 2016. Original rule filed April 9, 1976, effective July 15, 1976. Amended: Filed May 11, 2018, effective Dec. 30, 2018. Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

Chapter 2 Subscription Fees

2 CSR 10-2.010 Subscription Fees for the “Weekly Market News Summary” {#sec-2-csr-10-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-2.010}

OF AGRICULTURE

2 CSR 10-2.010 Subscription Fees for the “Weekly Market News Summary” {#sec-2-csr-10-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-2.010}

(Rescinded September 30, 2018)

Original rule filed Feb. 25, 1982, effective June 11, 1982. Amended: Filed May 14, 1984, effective Aug. 11, 1984. Amended:

Filed Jan. 12, 1988, effective April 15, 1988.

Amended: Filed May 14, 1991, effective Sept. 30, 1991. Amended: Filed March 1, 1995, effective July 30, 1995. Amended: Filed Oct. 31, 2003, effective April 30, 2004. Rescinded:

Filed Feb. 20, 2018, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: section 261.020, RSMo 2000.

Chapter 3 Usage Fees

2 CSR 10-3.010 Usage Fees for the KCI Multipurpose Export Facility OF AGRICULTURE {#sec-2-csr-10-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-3.010}

2 CSR 10-3.010 Usage Fees for the KCI Multipurpose Export Facility {#sec-2-csr-10-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-3.010}

(Rescinded September 30, 2018)

Original rule filed April 16, 1990, effective Sept. 28, 1990. Rescinded: Filed Feb. 20, 2018, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: section 261.020, RSMo 1986.

Chapter 4 AgriMissouri Matching Fund Program

2 CSR 10-4.010 Guidelines for the AgriMissouri Matching Fund Program AGRICULTURE Program {#sec-2-csr-10-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-4.010}

2 CSR 10-4.010 Guidelines for the Agri- Missouri Matching Fund Program {#sec-2-csr-10-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-4.010}

(Rescinded September 30, 2018)

Original rule filed March 20, 1992, effective Dec. 3, 1992. Rescinded: Filed Feb. 20, 2018, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: section 261.020, RSMo 1986.

Chapter 5 Price Reporting

2 CSR 10-5.010 Price Reporting Requirements for Livestock Purchases by Packers {#sec-2-csr-10-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-5.010}

2 CSR 10-5.015 Public Complaint Handling and Disposition Procedure For Missouri Livestock AGRICULTURE {#sec-2-csr-10-5.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-5.015}

2 CSR 10-5.005 Price Reporting Requirements for Livestock Purchases by Packers Emergency rule filed Sept. 3, 1999, effective Sept. 13, 1999, expired March 2, 2000. {#sec-2-csr-10-5.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-5.005}

2 CSR 10-5.010 Price Reporting Requirements for Livestock Purchases by Packers {#sec-2-csr-10-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-5.010}

(Rescinded September 30, 2018)

1999. This rule previously filed as 2 CSR 10- 5.005. Emergency rule filed Sept. 3, 1999, effective Sept. 13, 1999, expired March 2, 2000. Emergency rescission and rule filed June 15, 2001, effective June 25, 2001, expired Feb. 28, 2002. Original rule filed Oct. 15, 1999, effective April 30, 2000.

Rescinded: Filed Feb. 20, 2018, effective Sept. 30, 2018.

History

• AUTHORITY: section 277.215, RSMo Supp.

2 CSR 10-5.015 Public Complaint Handling and Disposition Procedure for Missouri Livestock Marketing Law {#sec-2-csr-10-5.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 10-5.015}

(Rescinded September 30, 2018)

Rescinded: Filed Feb. 20, 2018, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: sections 277.200–277.215, RSMo 2000 and Supp. 2001. Emergency rule filed Oct. 16, 2001, effective Oct. 26, 2001, expired April 23, 2002. Original rule filed Feb. 13, 2002, effective July 30, 2002.

Division 20 Administrative Services

Chapter 1 Organization and Description

2 CSR 20-1.010 General Organization {#sec-2-csr-20-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 20-1.010}

(Rescinded December 30, 2018)

Original rule filed April 9, 1976, effective July 15, 1976. Rescinded: Filed May 21, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 536.023, RSMo 1986.

Chapter 3 Registration of Foreign-Owned Agricultural Land

2 CSR 20-3.010 Who Shall Register {#sec-2-csr-20-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 20-3.010}

(Moved to 2 CSR 110-4.010)

2 CSR 20-3.020 Interest Defined {#sec-2-csr-20-3.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 20-3.020}

(Moved to 2 CSR 110-4.020)

2 CSR 20-3.030 Nonfarming Purposes Interpreted {#sec-2-csr-20-3.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 20-3.030}

(Moved to 2 CSR 110-4.030)

2 CSR 20-3.040 Procedure for Filing {#sec-2-csr-20-3.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 20-3.040}

(Moved to 2 CSR 110-4.040)

2 CSR 20-3.050 Severability {#sec-2-csr-20-3.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 20-3.050}

(Rescinded December 30, 2018)

Original rule filed Jan. 12, 1982, effective May 15, 1982. Rescinded: Filed May 21, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 442.592, RSMo 1986.

Division 30 Animal Health

Chapter 1 Organization and Description

2 CSR 30-1.010 General Organization {#sec-2-csr-30-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-1.010}

PURPOSE: This rule complies with section 536.023, RSMo, which requires each agency to adopt as a rule a description of its operation and the methods where the public may obtain information or make submissions or requests.

(1) The Division of Animal Health is a unit of the Department of Agriculture, state of Missouri. The animal health division’s primary responsibility is to control and eradicate livestock diseases to ensure optimum health of Missouri’s livestock population. This responsibility is carried out through various programs such as disease control and eradication, animal health laboratories, livestock market and dealer registration, rendering plant licensing, meat and poultry inspection, registration of livestock brands, and dead animal surveillance.

(2) The state veterinarian’s office is housed within the George Washington Carver State Office Building located at 1616 Missouri Boulevard, Jefferson City, MO 65102.

(3) Two (2) laboratories are maintained by the state veterinarian’s office and are located at the following addresses: Animal Health Diagnostic Laboratory, 101 North Chestnut, Jefferson City, MO 65101; and Animal Health Diagnostic Laboratory, 701 North Miller Avenue, Springfield, MO 65802.

Amended: Filed Nov. 10, 2010, effective June 30, 2011. Amended:

Filed July 21, 2023, effective Jan. 30, 2024. *Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

History

• AUTHORITY: section 536.023, RSMo 2016. Original rule filed April 9, 1976, effective July 15, 1976. Amended: Filed Dec. 13, 1989, effective April 27, 1990. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Amended: Filed March 5, 2004, effective Oct. 30, 2004.

2 CSR 30-1.020 Laboratory Services and Fees {#sec-2-csr-30-1.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-1.020}

PURPOSE: This rule establishes fees charged for laboratory services performed by Animal Health Diagnostic Laboratories.

(1) The Animal Health Diagnostic Laboratories are operated by and under the direction of the state veterinarian. The mailing addresses of the Animal Health Diagnostic Laboratories are as follows:

(A) Animal Health Diagnostic Laboratory, 101 North Chestnut Street, Jefferson City, MO 65102; and (B) Animal Health Diagnostic Laboratory, 701 North Miller Avenue, PO Box 2510, Springfield, MO 65802-2510.

(2) No fees will be charged for tests for diseases which are included in a state and federal cooperative program. Fees for nonprogram services performed at the Animal Health Diagnostic Laboratories are as follows:

(A) Pathology— 1. Necropsy— A. Gross Necropsy Exam $55.00 B. Gross Necropsy with Bacterial Culture $68.25 C. Special Procedures Inquire (B) Bacteriology— 1. Aerobic Bacterial Culture (except blood) $21.00 2. Aerobic Culture plus Salmonella Screen $22.05 3. Anaerobic Bacterial Culture (per sample) $26.25 4. Antimicrobial Susceptibility $21.55 5. Brucella canis Culture $12.60 6. Fungal Culture $19.95 7. Isolation and Identification (per sample) $15.00 8. Johne’s Culture $18.90 9. Milk Culture and Sensitivity $25.20 10. Mycoplasma Culture $36.75 (C) Molecular Diagnostics— 1. Avian Influenza PCR $21.00 2. African Swine Fever PCR $20.00 3. Avian Metapneumovirus A/B $35.00 4. Avian Metapneumovirus C $35.00 5. Classical Swine Fever PCR $20.00 6. Egg Drop Syndrome (Adenovirus 76) $38.50 7. Foot & Mouth Disease PCR $20.00 8. Johne’s PCR, DNA Probe $26.25 9. Johne’s Pooling (per sample) $31.50 10. Newcastle Disease Virus PCR $21.00 11. Salmonella PCR $21.00 12. Tritrichomonas Foetus PCR $26.25 13. Tritrichomonas Foetus PCR Pooling $31.50 (D) Serology— 1. Anaplasmosis ELISA (per sample) $ 5.25 2. Bluetongue ELISA (per sample) $ 5.25 3. Bovine Leukosis ELISA (per sample) $ 5.25 4. Bovine Pregnancy ELISA (1-4 samples) $ 5.25 5. Bovine Pregnancy ELISA (5 or more) $ 3.20 6. Brucella canis CARD (per sample) $21.00 7. Brucella canis ELISA (1-10 samples) $ 6.30 8. Brucella canis ELISA (11 or more samples) $ 4.20 9. Brucella canis Tube Agg (TAT) (1-10 samples) $ 6.30 10. Brucella canis Tube Agg (TAT) (11 or more samples) $ 4.20 11. Brucella melintensis $ 3.00 12. Brucella ovis ELISA $10.00 13. Brucella species BAPA $ 4.00 14. Brucella species BBA $ 3.00 15. Brucella species FP Verification $ 6.00 16. Brucella species SPT $ 3.00 17. Brucella species STT $ 5.00 18. BVD PI ELISA $ 2.90 19. CWD ELISA $31.50 20. EIA AGID (per sample) $ 5.25 21. EIA ELISA (per sample) $ 8.40 22. Johne’s ELISA (per sample) $ 5.25 23. PRRS ELISA $ 3.70 24. PRV ELISA (per sample) $ 2.10 (E) Avian— 1. API Inquire 2. Avian Fungal Culture (litter) $14.70 3. Avian Influenza AGID $ 1.05 4. Avian Influenza Antigen Detection (per test) $12.60 5. Avian Influenza ELISA (per sample) $ 3.15 6. Bordetella ELISA $ 1.85 7. Hatchery Fluff Bacterial Counts $10.50 8. Hemorrhagic Enteritis ELISA $ 1.85 9. MG HI Serology Fee $ 0.80 10. MG Rapid Plate Test or ELISA $ 0.45 11. MM HI Serology Fee $ 0.80 12. MM Rapid Plate Test or ELISA $ 0.45 13. MS HI Serology Fee $ 0.80 (6/30/25) Denny Hoskins 14. MS Rapid Plate Test or ELISA $ 0.45 15. Mycoplasma PCR, DNA Probe $21.00 16. Newcastle ELISA $ 1.55 17. NPIP Salmonella Screen $10.50 18. Pasturella ELISA $ 1.05 19. Salmonella Pullorum Microtiter (per sample) $ 0.10 20. Salmonella Pullorum Rapid Plate $ 0.15 21. Salmonella Pullorum Tube Agglutination $ 0.30 22. Salmonella Typhimurium Tube Agglutination $ 0.30 (F) Clinical Pathology— 1. Fecal— A. Direct Fecal Smear $ 5.25 B. Fecal Flotation $ 7.35 2. Cytology and Fluid Analysis— A. Gram’s Stain $ 5.25 (G) Meat Inspection Program Testing 1. Antibiotic Residue $47.25 2. Campylobacter Screen $21.00 3. Campylobacter Verification $26.25 4. E. Coli 0157:H7 PCR $21.00 5. E. Coli 0157:H7 Verification $52.50 6. E. Coli STEC PCR $21.00 7. E. Coli STEC Verification $367.50 8. Generic E-Coli Surveillance $18.90 9. Listeria spp. PCR $21.00 10. Listeria spp. Verification $21.00 11. Meat-Aerobic Plate Count Petrifilm $10.00 12. pH Determination $15.75 13. Salmonella PCR $21.00 14. Salmonella Verification $ 7.35 15. Water Activity $26.25 (H) Milk Tests— 1. Cryoscope $10.50 2. Direct Microcopic Somatic Cell Count (DMSCC) $ 5.25 3. High Sensitivity Coliform Plate Count (HSCC) $10.50 4. Inhibitors (Delvo) $10.00 5. Beta-Lactam Snap $18.90 6. Aerobic Plate Count-Milk $10.50 7. Coliform Plate Count Petrifilm $10.50 8. VRB Coliform $10.50 9. Residual Phosphatase $21.00 (I) Other— 1. Transfer Media & Other Supplies/Reagent Inquire 2. Custom Testing Procedures Inquire 3. Postage Due Inquire 4. Pullorum Testing Equipment and Antigen Inquire (3) Samples will be referred to appropriate laboratories for tests not done at the Animal Health Diagnostic Laboratories. The charge for this service will include charges from the referral laboratory plus a charge that covers shipping and handling fees.

(4) Fees are not refundable.

(5) The veterinarian, company, or business requesting the service shall be responsible for payment of charges for laboratory services. Further laboratory services will not be performed if an account is more than ninety (90) days overdue.

(6) Uncollectible checks or other uncollectible financial instruments will be charged an additional twenty-five dollars ($25).

(7) All samples must be submitted on official forms and must be complete and legible. Test charts and samples improperly submitted may be returned to the veterinarian for rectification.

Amended: Filed Jan. 8, 2024, effective July 30, 2024. Emergency amendment filed Jan. 27, 2025, effective Feb. 10, 2025, expired Aug. 8, 2025. Amended: Filed Jan. 27, 2025, effective July 30, 2025. *Original authority: 267.122, RSMo 1992, amended 1993, 1995, 1996.

History

• AUTHORITY: section 267.122, RSMo 2016. Original rule filed July 15, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Amended: Filed March 5, 2004, effective Oct. 30, 2004. Amended: Filed May 21, 2008, effective Dec. 30, 2008. Amended: Filed Feb. 10, 2023, effective Sept. 30, 2023.

Chapter 2 Health Requirements for Movement of Livestock, Poultry and Exotic Animals

2 CSR 30-2.005 Vesicular Stomatitis Restrictions on Domestic and Exotic Ungulates {#sec-2-csr-30-2.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.005}

2 CSR 30-2.010 Health Requirements Governing the Admission of Livestock, Poultry, {#sec-2-csr-30-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.010}

2 CSR 30-2.011 Prohibiting Movement of Elk, White-Tailed Deer and Mule Deer into {#sec-2-csr-30-2.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.011}

2 CSR 30-2.012 Requirements for Captive Elk Entering Missouri During September 1, {#sec-2-csr-30-2.012 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.012}

2 CSR 30-2.014 Import Restrictions of Beef Cattle, Bison and Cervids from the State of {#sec-2-csr-30-2.014 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.014}

2 CSR 30-2.015 Transmissible Spongiform Encephalopathics Reportable and {#sec-2-csr-30-2.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.015}

2 CSR 30-2.016 Rabbit Hemorrhagic Disease Import Restrictions on Rabbits and Hares {#sec-2-csr-30-2.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.016}

2 CSR 30-2.020 Movement of Livestock, Poultry, Miscellaneous, and Exotic Animals {#sec-2-csr-30-2.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.020}

2 CSR 30-2.030 Rules Governing Movement of Swine Into and Within Missouri {#sec-2-csr-30-2.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.030}

2 CSR 30-2.050 Requirements for the Eradication of Pullorum Disease and Fowl Typhoid {#sec-2-csr-30-2.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.050}

2 CSR 30-2.060 Regulations Regarding Required Use and Sale of Brucella Abortus {#sec-2-csr-30-2.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.060}

2 CSR 30-2.070 Enforcement Regulations Governing Interstate Movement of Livestock Livestock, Poultry, Miscellaneous, and Exotic Animals {#sec-2-csr-30-2.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.070}

2 CSR 30-2.004 Definitions {#sec-2-csr-30-2.004 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.004}

PURPOSE: This rule defines terms used in interstate, intrastate, and exhibition requirements for the movement of livestock, poultry, miscellaneous, and exotic animals in Missouri. by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) As used in this chapter, the following terms mean— (A) Accredited Laboratory—A diagnostic laboratory which meets the standards of an approved accreditation body such as American Association of Veterinary Laboratory Diagnosticians (AAVLD) or an International Organization for Standardization (ISO) 17025 accrediting audit group;

(B) Accredited Veterinarian—A veterinarian approved by the administrator of the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA), and the state veterinarian in accordance with Part 161 of Title 9, Chapter 1, of the Code of Federal Regulations (CFR), to perform functions required by cooperative state-federal animal disease control and eradication programs;

(C) Approved Livestock Market—A place of business or place where livestock is concentrated for the purpose of sale, exchange, or trade made at regular or irregular intervals, whether at auction or not, except this definition shall not apply to any public farm sale or purebred livestock sale, or to any sale, transfer, or exchange of livestock from one person to another person for movement or transfer to other farm premises or directly to a licensed market and licensed by the Missouri Department of Agriculture;

(D) Certificate of Veterinary Inspection (CVI)—The term Certificate of Veterinary Inspection means a legible record made on an official form of the state of origin, issued by an accredited licensed veterinarian. The official Certificate of Veterinary Inspection shall state that the animal(s) are free of visible signs of contagious, infectious, or communicable disease and describe the animal(s) by species, breed, sex, and age. All animals will be individually identified and listed on the CVI along with all data for required tests and vaccinations, including date, results, and the name of the laboratory performing the test;

(E) Certified Free Herd—A herd of cattle, swine, goats or a flock of sheep or birds which has met the requirements and the conditions set forth in sections 267.560 to 267.660, RSMo, and as required by the department and as recommended by the USDA, and for such status for a specific disease and for a herd of cattle, swine, goats or flock of sheep, or birds in another state which has met those minimum requirements and conditions under the supervision of the livestock sanitary authority of the state in which said animals or birds are domiciled, and as recommended by the USDA for such status for a specific disease;

(F) Commercial Swine—Swine that are continuously managed and have adequate facilities and practices to prevent exposures to feral swine;

(G) Chronic Wasting Disease (CWD) Susceptible Cervids–Cervidae species that have proven to be susceptible to CWD, which includes, but not limited to, whitetail deer, blacktail deer, mule deer, red deer, elk, moose, sika deer, reindeer, muntjac, axis deer, and roe deer; except, it does not include fallow deer;

(H) Dairy Cattle—All cattle, regardless of age or sex, breed, or current use, that are born on a dairy farm or of a breed(s) used to produce milk or other dairy products for human consumption, or cross bred calves of any breed that are born to dairy cattle including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red and Whites;

(I) Department or Department of Agriculture—The Department of Agriculture of the state of Missouri, and when by this law the said Department of Agriculture is charged to perform a duty, it shall be understood to authorize the performance of such duty by the Director of Agriculture of the state of Missouri, or by the state veterinarian of the state of Missouri or his/ hers duly authorized deputies acting under the supervision of the Director of Agriculture;

(J) Director—The director of the Department of Agriculture of Missouri;

(K) Entry Permits—It is specifically noted within these rules when an entry permit is required. Entry permit numbers may be obtained by using the 24/7 online permitting system at https://mo.tnatc.org/usaherds/ops/Login.aspx or by contacting the Missouri Department of Agriculture, Division of Animal Health, at (573) 751-3377 during normal business hours, Monday through Friday. If using an approved electronic health certificate application that submits the health certificate instantaneously, the permit requirement is waived, except for any species affected by an ongoing disease outbreak and for any cervidae. Please contact the Division of Animal Health to see if your electronic health certificate application is approved;

(L) Exotic Animals—Any animal that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term spe cifically includes animals such as, but not limited to, non-human primates, felids (excluding the species Felis catus) and panthera, elephants, antelope, anteaters, macropods, water buffalo, and certain species of exotic bovids, such as Ankole, Gayal, and Yak;

(M) Feral Swine—Swine that is born, living, or has lived in the wild, and the offspring of such swine. For the purposes of this subsection, “in the wild” means not confined by humans to pens, houses, or other facilities designed to hold swine and prevent their escape;

(N) Licensed Dealer—Any person engaged in the business of buying, selling, or exchanging in commerce of livestock;

(O) Licensed Market—A place of business or place where livestock is concentrated for the purpose of sale, exchange, or trade made at regular or irregular intervals, whether at auction or not, except this definition shall not apply to any public farm sale or purebred livestock sale, or to any sale, transfer, or exchange of livestock from one person to another person for movement or transfer to other farm premises or directly to a licensed market;

(P) Licensed Veterinarian—A person who has graduated from an American Veterinary Medical Association (AVMA) accredited school of veterinary medicine or has received equivalent formal education as determined by the Administrator, and who has a valid license to practice veterinary medicine in some state;

(Q) Livestock—Cattle, swine, sheep, ratite birds including but not limited to ostrich and emu, aquatic products as de fined in section 277.024, RSMo, llamas, alpaca, buffalo, bison, elk documented as obtained from a legal source and not from the wild and raised in confinement for human consumption or animal husbandry, goats, poultry, equine, and exotic animals;

(R) Miscellaneous Animals—All other species not specifically listed, to include but not limited to rabbits, rodents, reptiles, pet birds, etc;

(S) Negative Trichomoniasis Bull—A bull with one (1) negative polymerase chain reaction (PCR) test for Tritrichomonas foetus or two (2) negative PCR tests if commingled with a positive Trichomoniasis herd;

(T) Negative Trichomoniasis Herd—A group of bovines that have been commingled in the previous breeding season and all test-eligible bulls have tested negative for Tritrichomonas foetus within the previous twelve (12) months;

(U) Official Identification—An official form of identification such as an official ear tag or group/lot identification number (GIN), as defined by Title 9, Code of Federal Regulations, Part 71, published June 13, 1963, herein incorporated by reference and made a part of this rule, as published by the United States Government Publishing Office, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, additions;

(V) Official Laboratory—A Veterinary Diagnostic Laboratory operated by and under the direction of the state veterinarian or other diagnostic laboratories accredited by the American Association of Veterinary Laboratory Diagnosticians or mem ber of the National Animal Health Laboratory Network;

(W) Official Scrapie Identification—As defined in Title 9, Code of Federal Regulations, Part 79, published March 25, 2019, herein incorporated by reference and made a part of this rule, Office, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov or any other means of identification approved by the state veterinarian identifying them to the flock of origin and listed on a CVI. This rule does not incorpo rate any subsequent amendments or additions;

(X) Positive Trichomoniasis Bull—Male bovine which has ever tested positive for Trichomoniasis (Tritrichomonas foetus);

(Y) Positive Trichomoniasis Herd—A group of bovines that have commingled in the previous breeding season and in which an animal (male or female) has had a positive diagnosis for Tritrichomonas foetus;

(Z) Quarantine—A condition in which an animal or bird of any species is restricted in movement to a particular premises under such terms and conditions as may be designated by order of the state veterinarian or his/hers duly authorized deputies;

(AA) Swine Production Health Plan—A written agreement developed for a swine production system designed to main tain the health of the swine and detect signs of communicable disease as defined in 9 CFR Part 71.1 Definitions;

(BB) Transitional Swine—Swine raised on dirt or that have reasonable opportunities to be exposed to feral swine; and (CC) Trichomoniasis—A venereal disease of cattle caused by the protozoan parasite species of Tritrichomonas foetus.

History

• AUTHORITY: section 267.645, RSMo 2016. Original rule filed May 5, 2023, effective Dec. 30, 2023.

2 CSR 30-2.005 Vesicular Stomatitis Restrictions on Domestic and Exotic Ungulates (Hoofed Animals) Entering Missouri {#sec-2-csr-30-2.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.005}

PURPOSE: This rule is necessary to restrict the movement of ungulates (hoofed animals) into Missouri if Vesicular Stomatitis has been diagnosed in the United States.

(1) In addition to any other entry requirements, any domestic or exotic ungulate(s) (hoofed animal) originating from a county affected with Vesicular Stomatitis, meaning a county with a premises under quarantine for Vesicular Stomatitis, must meet the following requirements:

(A) Any animal entering Missouri requiring a Certificate of Veterinary Inspection must have an entry permit issued by the Missouri Department of Agriculture, Division of Animal Health and the permit number shall be listed on the Certificate of Veterinary Inspection;

(B) The Certificate of Veterinary Inspection must be issued within seven (7) days prior to entering Missouri and must state that the animals listed are free of clinical signs of Vesicular Stomatitis and have not been exposed to Vesicular Stomatitis or located on a premises quarantined for Vesicular Stomatitis within the past fourteen (14) days; and (C) These requirements shall remain in place until a quarantine release has been issued for all affected premises in the county from which the animal originates.

July 14, 1995, effective July 24, 1995, expired Nov. 20, 1995. Original

rule filed Aug. 15, 2005, effective March 30, 2006. Amended: Filed April 30, 2020, effective Oct. 30, 2020.

2 CSR 30-2.010 Health Requirements Governing the Admission of Livestock, Poultry, Miscellaneous, and Exotic Animals Entering Missouri {#sec-2-csr-30-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.010}

PURPOSE: This rule sets forth the requirements governing the admission of livestock, poultry, miscellaneous, and exotic animals into Missouri.

(1) Relation to Federal Requirements. All animals entering Missouri must be in compliance with the Missouri require ments contained in this rule, in addition to federal regulations.

(2) Cattle (beef and dairy), Bison, and Exotic Bovids. All cattle, bison, or exotic bovids exchanged, bartered, gifted, leased, or sold entering Missouri must meet the following (A) A Certificate of Veterinary Inspection (CVI) is required.

(B) Baby calves—calves under two (2) months of age not accompanied by their dam may be imported by resident buyers, directly to a Missouri farm, or move directly from farm of origin to a market and must meet the following 1. A CVI and an entry permit must be obtained on all shipments of calves under two (2) months of age. All calves under two (2) months of age will be quarantined to the receiving farm for sixty (60) days; and 2. All calves under two (2) months of age must be individually identified by an official ear tag as defined by official identification, or registration tattoo, or any other veterinarian and listed on the CVI;

(C) Brucellosis requirements—all states— 1. A negative brucellosis test shall consist of one (1) of the following tests: Brucella Buffered Antigen (BBA) Card Test, Buffered Acidified Plate Antigen Presumptive Test (BAPA), or other official tests approved by the state veterinarian. All tests, regardless of method, must be confirmed at a stateor federally-approved laboratory. Any discrepancies in test results must be reported to the state veterinarian’s office;

2. Test-eligible animals include all sexually intact animals eighteen (18) months of age and over;

3. All test-eligible animals must be individually identified by an official ear tag as defined by official identification, or registration tattoo, or any other means of permanent identification approved by the state veterinarian and listed on the CVI;

4. The state veterinarian may designate high incidence areas within certain states that must meet additional import restrictions and retest requirements; and 5. Classification of states. Animals that originate directly from officially classified states must meet the requirements that follow:

A. Class free states— (I) Farm of origin animals may move to approved livestock markets and slaughter establishments accompanied by a waybill, bill of lading, or owner/shipper statement showing origin and destination;

(II) Other animal movements must be accompanied by a CVI, showing individual identification on all animals that are test-eligible; and (III) No brucellosis test or entry permit is required;

B. Class A states— (I) All animals must be accompanied by a CVI showing individual identification on all animals that are test-eligible. A negative brucellosis test within thirty (30) days prior to shipment is required on all test-eligible animals.

Farm of origin animals may move to an approved market or slaughter establishment accompanied by a waybill, bill of lading, or owner/shipper statement showing origin and destination;

(II) Animals from certified brucellosis-free herds may enter on herd status without additional testing, provided the certified herd number and current test date is shown on the CVI;

(III) Rodeo bulls must have a negative brucellosis test within twelve (12) months prior to entering the state; and (IV) No entry permit is required;

(D) Tuberculosis.

1. Beef cattle.

A. All classes of beef cattle (including exotic bovids and bison) two (2) months of age and older, both breeding and feeding, entering Missouri from a state having a tuberculosisfree status may enter without additional testing requirements or entry permit.

B. All classes of beef cattle (including exotic bovids and bison) six (6) months of age and older, both breeding and feeding, entering Missouri from a state having a tuberculosis status less than free must meet the following requirements:

(I) Must be officially identified and listed on a CVI;

(II) Must obtain an entry permit;

(III) Must have a negative tuberculosis test within sixty (60) days of shipment (test date must be listed on the CVI); or (IV) Move from an accredited tuberculosis-free herd (herd number and current herd test date must be listed on the CVI); or (V) Move directly from a herd of origin that has had one (1) complete negative herd test within one (1) year (date of test must be listed on the CVI).

2. Dairy cattle.

A. All dairy cattle, both breeding and feeding, entering Missouri must meet the following requirements:

(I) Must obtain an entry permit;

(II) Must be officially identified and listed on the CVI;

(III) All sexually intact dairy cattle six (6) months and older must have a negative tuberculosis test within sixty (60) days of shipment (test date must be listed on the CVI); or (IV) Move from an accredited tuberculosis-free herd (herd number and current herd test date must be listed on the CVI); or (V) Move directly from a herd of origin that has had one (1) complete negative herd test within one (1) year (date of test must be listed on the CVI).

3. Importation of steers and spayed heifers from Mexico.

A. Steers and spayed heifers from Mexican states that have been determined by the state veterinarian of Missouri, based on the recommendation of the Bi-National Committee, to have fully implemented the Control/Preparatory Phase of the Mexican Tuberculosis Eradication Program may enter Missouri, provided they have been tested negative for tuberculosis in accordance with the Norma Official Mexicana (NOM) within sixty (60) days prior to entry into the United States, and obtain an entry permit prior to entering Missouri.

B. Steers and spayed heifers from Mexican states that have been determined by the state veterinarian of Missouri, based on the recommendation of the Bi-National Committee to have fully implemented the Eradication Phase of the Mexican Tuberculosis Eradication Program, may enter Missouri, provided they have been tested negative for tuberculosis in accordance with the Norma Official Mexicana (NOM) within sixty (60) days prior to entry into the United States. Steers and spayed heifers from these same Mexican states that originate from herds equal to U.S. Accredited TB- Free herds may enter Missouri without testing, provided they are moved directly from the herd of origin across the border as a single group and not commingled with other cattle prior to arriving at the border, and obtain an entry permit prior to C. Steers and spayed heifers from Mexican states that have been determined by the state veterinarian of Missouri, based on the recommendation of the Bi-National Committee, to have achieved accredited-free status may enter Missouri without testing, provided they are moved as a single group and not commingled with cattle of a different status prior to arriving to the border, and obtain an entry permit prior to D. Dairy and dairy-cross steers and spayed heifers from Mexico are prohibited from entering Missouri, regardless of test history.

4. All rodeo stock, over eighteen (18) months of age, must be tested negative for tuberculosis within sixty (60) days and obtain an entry permit prior to entering Missouri. No sexually intact rodeo stock from Mexico will be permitted into Missouri without a negative tuberculosis test within sixty (60) days of shipment (test date must be listed on the CVI).

5. The state veterinarian may designate high incidence areas within certain states that must meet additional import restrictions and retest requirements; and (E) Trichomoniasis requirements.

6. All breeding bulls (excluding bison and exotic bovids) entering the state shall be— A. Virgin bulls not more than twenty-four (24) months of age as determined by the presence of both permanent central incisor teeth in wear or by breed registry papers; or B. Be tested negative for Trichomoniasis with an official polymerase chain reaction (PCR) test by an official laboratory, or any official test approved by the state veterinarian, within thirty (30) days prior to entry into the state.

(I) Bulls shall be tested one (1) time by an official PCR test or any official test approved by the state veterinarian prior to entering Missouri.

(II) Bulls shall be identified by official identification at the time the initial test sample is collected.

(III) Bulls that have had contact with female cattle subsequent to testing must be retested prior to entry.

2. If the breeding bulls are virgin bulls, less than twentyfour (24) months of age, they shall be— A. Individually identified by official identification;

B. Be accompanied with a breeder’s certification of virgin status signed by the breeder or his representative attesting that they are virgin bulls; and C. The official identification number shall be written on the breeder’s certificate.

3. A CVI listing official identification and test performed, date of test, results, and laboratory, if testing is required.

4. Bulls going directly to slaughter are exempt from Trichomoniasis testing.

(3) Swine.

(A) An entry permit and a CVI is required on all classes of swine entering Missouri, except farm of origin swine consigned directly to an approved market or slaughter establishment.

(B) All commercial or transitional swine, individual and/or moving in a group/lot production system, entering Missouri, except farm of origin swine consigned to an approved market or slaughter establishment, must meet the following 1. Must be veterinarian inspected, individually identified by an official ear tag or group/lot identification number (GIN) as defined by official identification, or ear notch, tattoo, or any other means of permanent identification approved by the state veterinarian and listed on the CVI;

2. Originate from a validated swine brucellosis-free state or from a validated brucellosis-free herd (herd numbers and current herd test dates must be listed on the CVI); and 3. Originate from a pseudorabies stage V state or from a qualified negative pseudorabies herd (herd numbers and current herd test dates must be listed on the CVI; or 4. Move on a swine health plan as defined in 9 CFR 71.1, and agreed upon by the state veterinarians of both the origin and destination states.

(C) All feral swine are prohibited from entering Missouri.

(4) Equidae. This includes exotic equine, donkeys, asses, burros, and zebras.

(A) All equidae (except nursing foals accompanied by their dams) bartered, donated, exchanged, gifted, leased, relinquished, sold, or otherwise involved in a change of ownership entering Missouri must be accompanied by— 1. A negative Equine Infectious Anemia (EIA) test within twelve (12) months prior to entry and documented on a VS Form 10-11 or any officially recognized federal/state EIA test chart showing the graphic description of all markings or imprinted photograph on any officially recognized federal/ state EIA test chart needed for permanent identification.

A. For change of ownership (including leasing or gifting) an original VS Form 10-11 or any officially recognized federal/state EIA test chart is required.

B. No equidae will be sold EIA test pending through private treaty; and 2. A CVI is required showing identification (registered legible tattoo, registered brand, microchip, or any other veterinarian) and description of each equidae listed on the CVI; or photograph of each equidae imprinted on the VS Form 10-11 or any officially recognized federal/state EIA test chart and the date, results, and name of laboratory listed on the CVI.

(B) For purpose of travel or exhibition, an electronically generated copy of the VS Form 10-11 or any officially recognized federal/state EIA test chart may be accepted.

(C) For purpose of travel or exhibition, Missouri will accept six- (6-) month passports from states with which there is a reciprocal agreement. These passports must meet the following criteria:

1. A negative EIA test within thirty (30) days of the date of application of the passport;

2. Permanent identification for each horse by means of registered brand, legible tattoo, or imprinted photograph on any officially recognized federal/state EIA test chart, or electronic identification (microchip). Permanent identification is to be recorded on the passport and the VS Form 10-11 or any officially recognized federal/state EIA test chart with other identifying characteristics;

3. Inspection by an accredited veterinarian within thirty (30) days of the date of application of the passport; and 4. In the event of confirmed Vesicular Stomatitis in any of the states with which reciprocal agreements exist, use of the six- (6-) month passport will be immediately suspended by the state veterinarian of Missouri.

(D) Equidae entering Missouri moving directly from a farm of origin (defined as maintained on premises for at least one hundred twenty (120) days) to a licensed Missouri livestock market/sale may be accompanied by a waybill or owner/ shipper statement showing origin and destination, in lieu of a CVI.

(E) Alteration or substitution of any information on the VS Form 10-11 or any officially recognized federal/state EIA test chart, including any electronically generated copy, or CVI shall cause the document to be invalid and in violation penalties not to exceed ten thousand dollars ($10,000) per violation.

(F) Venezuelan Equine Encephalomyelitis (VEE) vaccination is required three (3) weeks prior to entry on equidae originating from states in which VEE has been diagnosed within the preceding twelve (12) months. An entry permit is also required on equine from those states.

(G) Equidae positive for brucellosis may not enter Missouri.

(5) Sheep (including exotic sheep and antelope).

(A) All sheep (including exotic sheep and antelope), regardless of age or sex, must be individually identified by official scrapie identification as defined by official identification, or any other means of identification approved by the state veterinarian identifying them to the flock of origin and listed on a CVI.

(B) Flock of origin sheep (including exotic sheep and antelope) consigned directly to a licensed Missouri market/ sale or a slaughter establishment must have individual official scrapie identification identifying them to the flock of origin, but are not required to have a CVI.

(C) Scrapie positive, suspects, or high-risk animals may enter Missouri for immediate slaughter only and with specific approval from the state veterinarian.

(D) Sheep (including exotic sheep and antelope) from a scabies-quarantined area must be dipped or treated by an officially approved method within ten (10) days prior to (E) All intact male sheep six (6) months of age or older require a negative Brucella ovis test within thirty (30) days of shipment (test date, results, and name of approved laboratory and accession number must be listed on the CVI).

1. Move from a certified Brucella ovis free flock (must be accompanied by the certificate number and date of last test).

(F) No permit is required for sheep entering Missouri.

(6) Goats (including exotic goats).

(A) All goats (including exotic goats), regardless of age or sex, must be individually identified by official scrapie identification as defined by official identification, or any other means of identification approved by the state veterinarian identifying them to the herd of origin and listed on a CVI.

(B) Herd of origin goats (including exotic goats) consigned directly to a licensed Missouri market/sale or slaughter establishment must be individually identified by official scrapie identification identifying them to the herd of origin, but are not required to have a CVI.

(C) Scrapie positive, suspects, or high-risk animals may enter Missouri for immediate slaughter only and with specific approval from the state veterinarian.

(D) No tests or permit are required on goats (including exotic goats) entering Missouri.

(7) Poultry and Waterfowl.

(A) Live poultry (except those consigned directly to slaughter) shall be accompanied by a CVI or a VS Form 9-3 (see 2 CSR 30-2.040). If a VS Form 9-3 is used, a signed and dated owner/shipper statement must be included stating that, to his/her best knowledge, the birds are healthy. Poultry known to be infected with pullorum or typhoid that are consigned directly to slaughter must be identified as such by the consignor.

(B) All poultry and hatching eggs imported into Missouri require an entry permit prior to shipment. Annual entry permits shall be issued by the department to participants in the National Poultry Improvement Plan (NPIP) or an equivalent program. Producers not approved by NPIP or an equivalent program must request a permit with each shipment.

(C) Live poultry entering Missouri must be tested negative for pullorum-typhoid within the past ninety (90) days or originate from a flock approved by the NPIP or an equivalent program which has been tested within the past twelve (12) months with no change of ownership, except— 1. Commercial table egg pullets and/or layer flocks— no pullorum-typhoid testing is required if the birds are documented to have originated from a known pullorumtyphoid clean hatchery. Hatchery of origin must be written on the CVI or VS Form 9-3.

(D) Hatching eggs must be accompanied by a CVI certifying the eggs to be from pullorum-free flocks or by a VS Form 9-3.

(8) Captive Cervids.

(A) Captive cervids, including but not limited to elk, elk-hybrids, red deer, roe deer, sika deer, moose, reindeer, muntjac, axis deer, and fallow deer that are bartered, exchanged, gifted, leased, or sold entering Missouri, regardless of age, must be veterinary inspected, individually identified with two (2) forms of identification, with one (1) being an official ear tag as defined by official identification, or other means of permanent identification approved by the state veterinarian and listed on a CVI.

(B) An entry permit is required.

(C) Brucellosis requirement.

1. No testing is required except— A. No cervidae from the Greater Yellowstone Area or Ecosystem, or any brucellosis surveillance area will be allowed to enter Missouri.

(D) Tuberculosis requirements.

1. Captive cervids, less than six (6) months of age, not known to be affected or exposed to tuberculosis, and not in a status herd must have one (1) negative tuberculosis test within ninety (90) days prior to entering Missouri, using the single cervical method or Dual Path Platform (DPP) test. The negative test date must be listed on the CVI. Captive cervids must have been isolated from other captive cervids during the testing period.

2. Captive cervids, six (6) months of age and older, not known to be affected with or exposed to tuberculosis and not in a status herd, must have two (2) negative tuberculosis tests, not less than ninety (90) days apart, using the single cervical method or DPP test. The second test must be within ninety (90) days prior to movement. Both negative tests dates must be listed on the CVI. Captive cervids must have been isolated from other captive cervids during the testing period.

3. Movement from tuberculosis status herds.

A. Accredited herd—Captive cervids originating from an accredited tuberculosis-free cervid herd may enter on herd status without additional testing provided the accredited herd number and current test date is listed on the CVI.

B. Qualified herd—Captive cervids originating from a qualified herd must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to the date of movement.

C. Monitored herd—Captive cervids originating from a monitored herd must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to the date of movement.

D. Captive cervids less than twelve (12) months of age born within and originating from a status herd may be moved without further testing provided that they have not been exposed to captive cervids from a lower status herd.

(E) Chronic Wasting Disease (CWD).

1. Captive cervids will not be allowed to enter the state if, within the last five (5) years, the animal— A. Originates from an area or has been in an area that has been reported as a CWD endemic area; and B. Originates from a CWD positive captive herd.

2. CWD susceptible cervids entering Missouri from any state must have participated in a CWD certification program for five (5) consecutive years. Original anniversary date must be listed on the Certificate of Veterinary Inspection.

3. Fallow deer entering Missouri from any state must have documentation of a current annual inspection conducted by an accredited veterinarian and record of current inventory, except fallow deer that have contact with susceptible species must meet the CWD certification program requirements.

4. Captive cervids moving between publicly owned Association of Zoos and Aquariums (AZA) accredited zoos must meet the CWD certification program requirements.

(9) Alpacas, Camels, and Llamas.

(A) All alpacas, camels, llamas, and other camelids bartered, exchanged, leased, sold, or relinquished entering Missouri (excluding livestock markets) must be accompanied by an official CVI showing an individual listing of the common name(s) of the animal(s) such as sex, age, weight, and coloration and be individually identified by official ear tag as defined by official identification, or microchip, tattoo, or any other means of permanent identification approved by the state veterinarian.

(B) No tests or permit are required to enter Missouri.

(10) Ratites (including but not limited to ostrich, rheas, and emus).

(A) A CVI is required on all ratites bartered, exchanged, leased, sold, or relinquished entering Missouri, except farm of origin ratites consigned to an approved slaughter establishment. Ratites must be veterinary inspected and individually identified by official identification (leg band, microchip, wing band, legible tattoo, or other means approved by the state veterinarian) and listed on the CVI. Ear tags attached to the ratites are not acceptable.

(B) No tests or permit are required on ratites entering (11) Psittacine birds, (including but not limited to macaws or parrots) except budgerigar, must have a CVI to enter (12) Dogs and Cats.

(A) All dogs and cats entering Missouri must be accompanied by a CVI. Dogs and cats over four (4) months of age must be vaccinated for rabies by one (1) of the methods and within the time period published in the March 1, 2016, edition of the Compendium of Animal Rabies Vaccines by the National Association of State Public Health Veterinarians, Inc., incorporated by reference and made a part of this rule, Office, 732 N. Capital Street NW, Washington DC 20402-0001, phone: toll free (866) 512-1800: DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(B) Any person who transports a domestic dog or cat from a foreign country into Missouri shall provide the recipient with a copy of that animal’s CVI and when applicable, rabies vaccination information as prescribed in (12)(A) of this rule, not more than thirty (30) days after transfer of the dog or cat to the recipient.

(C) Any person who receives a domestic dog or cat from a foreign country into Missouri shall provide the state veterinarian with a copy of that animal’s CVI and, when applicable, rabies vaccination information as prescribed in (12)(A) of this rule, not more than thirty (30) days after acquisition of the dog or cat.

(D) All dogs and cats must be eight (8) weeks of age to enter into commerce.

(13) Aquaculture. All aquaculture entering Missouri must— (A) Be accompanied by a CVI and obtain an entry permit; and (B) All Viral Hemorrhagic Septicemia (VHS) susceptible species must be tested and name of laboratory, test date, results, and accession number must be listed on the CVI.

(14) Miscellaneous Animals.

(A) All miscellaneous animals must be accompanied by an official CVI showing an individual listing of the common name(s) of the animal(s) and appropriate descriptions of animal(s) such as sex, age, weight, coloration, and the permanent identification.

(B) Importation of wildlife into Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9. Importation of certain (15) Exotic Animals.

(A) All exotic animals must be accompanied by an official CVI showing an individual listing of the scientific and/or common name(s) of the animal(s) and appropriate descriptions of animal(s) such as sex, age, weight, coloration, and the permanent identification.

(B) Elephants (Asiatic and African) and non-human primates must test negative for tuberculosis within one (1) year prior to entry.

(C) No tests are required for animals moving between accredited zoos, but shipment must be accompanied by a CVI. Cervids moving between publicly owned AZA accredited zoos must meet the CWD monitoring requirements as outlined in subsection (10)(E). An entry permit is required on all animals moving between publicly owned AZA accredited zoos.

(D) Importation of wildlife into Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9. Importation of certain

Amended: Filed Aug. 8, 1980, effective Nov. 14, 1980. Amended:

Filed May 12, 1981, effective Sept. 1, 1981. Amended: Filed Dec. 10, 1981, effective April 11, 1982. Amended: Filed Feb. 16, 1983, effective June 12, 1983. Emergency amendment filed Feb. 16, 1984, effective Feb. 26, 1984, expired June 25, 1984. Amended: Filed Jan. 26, 1984, effective June 12, 1984. Amended: Filed Dec. 2, 1985, effective March 14, 1986. Emergency amendment filed Feb. 14, 1986, effective Feb. 24, 1986, expired June 14, 1986. Emergency amendment filed May 1, 1987, effective May 11, 1987, expired Sept. 11, 1987. Rescinded and readopted: Filed Dec. 14, 1987, effective March 25, 1988. Amended: Filed Nov. 15, 1988, effective March 26, 1989. Amended: Filed Dec. 13, 1989, effective April 27, 1990.

Emergency amendment filed July 25, 1990, effective Aug. 3, 1990, expired Nov. 22, 1990. Amended: Filed Sept. 17, 1990, effective March 14, 1991. Emergency amendment filed April 11, 1991, effective April 21, 1991, expired Aug. 9, 1991. Amended: Filed April 16, 1991, effective Aug. 30, 1991. Amended: Filed July 15, 1991, effective Dec. 9, 1991. Emergency amendment filed Jan. 23, 1992, effective Feb. 2, 1992, expired May 30, 1992. Amended: Filed Feb. 4, 1992, effective June 25, 1992. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Emergency amendment filed July 30, 1992, effective Aug. 9, 1992, expired Dec. 6, 1992. Amended: Filed March 3, 1992, effective Sept. 6, 1992.

Emergency amendment filed Aug. 20, 1993, effective Aug. 30, 1993, expired Dec. 27, 1993. Amended: Filed Aug. 27, 1993, effective Jan. 31, 1994. Emergency amendment filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994. Amended: Filed April 4, 1994, effective Sept. 30, 1994. Amended: Filed Jan. 31, 1995, effective July 30, 1995. Amended: Filed July 31, 1996, effective March 30, 1997.

Amended: Filed Jan. 4, 1999, effective July 30, 1999. Emergency amendment filed Nov. 2, 2001, effective Nov. 12, 2001, expired May 10, 2002. Amended: Filed April 10, 2002, effective Sept. 30, 2002.

Amended: Filed May 14, 2002, effective Dec. 30, 2002. Amended:

Filed Jan. 30, 2003, effective July 30, 2003. Amended: Filed March 17, 2003, effective Sept. 30, 2003. Emergency amendment filed Aug. 23, 2004, effective Sept. 3, 2004, expired March 1, 2005.

Amended: Filed Aug. 23, 2004, effective Feb. 28, 2005. Emergency amendment filed Dec. 2, 2004, effective Dec. 12, 2004, expired May 31, 2005. Amended: Filed Dec. 2, 2004, effective June 30, 2005. Amended: Filed June 15, 2005, effective Jan. 30, 2006.

Amended: Filed June 12, 2009, effective Jan. 30, 2010. Amended:

Filed Nov. 10, 2010, effective June 30, 2011. Amended: Filed Oct. 30, 2014, effective May 30, 2015. Amended: Filed Feb. 11, 2020, effective Aug. 30, 2020. Amended: Filed May 5, 2023, effective Dec. 30, 2023.

History

• AUTHORITY: section 267.645, RSMo 2016. This version of rule filed Jan. 24, 1975, effective Feb. 3, 1975. Amended: Filed Aug. 15, 1975, effective Aug. 25, 1975. Amended: Filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Dec. 14, 1976, effective April 11, 1977. Amended: Filed Oct. 13, 1978, effective Jan. 13, 1979.

2 CSR 30-2.011 Prohibiting Movement of Elk, White-Tailed Deer and Mule Deer into Missouri Emergency rule filed May 1, 2002, effective May 11, 2002, expired Oct. 27, 2002. {#sec-2-csr-30-2.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.011}

2 CSR 30-2.012 Requirements for Captive Elk Entering Missouri During September 1, 2002 through September 30, Emergency rule filed Aug. 6, 2002, effective Aug. 16, 2002, expired Feb. 1, 2003. {#sec-2-csr-30-2.012 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.012}

2 CSR 30-2.014 Import Restrictions of Beef Cattle, Bison and Cervids from the State of Minnesota Emergency rule filed Jan. 6, 2006, effective Jan. 16, 2006, terminated March 2, 2006. {#sec-2-csr-30-2.014 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.014}

2 CSR 30-2.015 Transmissible Spongiform Encephalopathics Reportable and Quarantinable Emergency rule filed June 22, 1998, effective July 2, 1998, expired Feb. 25, 1999. {#sec-2-csr-30-2.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.015}

2 CSR 30-2.016 Rabbit Hemorrhagic Disease Import Restrictions on Rabbits and Hares Entering Missouri {#sec-2-csr-30-2.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.016}

PURPOSE: This rule is necessary to restrict the movement of rabbits and hares into Missouri due to the recent diagnosis of Rabbit Hemorrhagic Disease in the United States.

(1) No rabbits or hares may enter Missouri if the animals have originated from a state or country where Rabbit Hemorrhagic Disease (RHD) has been diagnosed in the prior twelve (12) months unless they meet the following requirements:

(A) Must obtain an entry permit; and (B) Must have a Certificate of Veterinary Inspection from an accredited veterinarian that states— 1. All rabbits and hares in the shipment have been examined within seventy-two (72) hours of shipment for and found free of communicable diseases and have originated from a single premises that has no signs of a communicable disease;

2. There has been no movement of rabbits and hares onto the originating premises within thirty (30) days prior to shipment; and 3. No rabbits or hares in the shipment have had contact with wild rabbits or hares within thirty (30) days prior to shipment.

July 1, 2020, effective July 16, 2020, expired Jan. 11, 2021. Original

rule filed July 1, 2020, effective Jan. 30, 2021.

2 CSR 30-2.020 Movement of Livestock, Poultry, Miscellaneous, and Exotic Animals Within Missouri {#sec-2-csr-30-2.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.020}

PURPOSE: This rule sets forth the requirements governing the movement of livestock and poultry within Missouri.

(1) Cattle, Bison, and Exotic Bovids.

(A) Brucellosis.

1. No test requirements for movement of cattle from herds not under quarantine for brucellosis.

(B) Tuberculosis. No test required for movement of cattle from herds not under quarantine for tuberculosis.

(C) No Certificate of Veterinary Inspection (CVI) is required.

(D) Trichomoniasis (Excluding Bison and Exotic Bovids).

1. Test-eligible animal—Any bull at least twenty-four (24) months of age or any non-virgin bull that is sold, leased, bartered, or traded in Missouri.

2. All breeding bulls (excluding bison and exotic bovids) sold, bartered, leased, or traded within the state shall be— A. Virgin bulls not more than twenty-four (24) months of age as determined by the presence of both permanent central incisor teeth in wear or by breed registry papers; or B. Tested negative for Trichomoniasis with an official polymerase chain reaction (PCR) test by an approved diagnostic laboratory or any official test approved by the state veterinarian within sixty (60) days prior to change in ownership or possession within the state.

(I) Bulls shall be tested one (1) time by an official PCR test or any official test approved by the state veterinarian.

(II) Bulls shall be identified by official identification at the time the initial test sample is collected and the official identification recorded on the test documents.

(III) Bulls that have had contact with female cattle subsequent to or at the time of testing must be retested prior to movement.

3. If the breeding bulls are virgin bulls and less than twenty-four (24) months of age, they shall be— A. Individually identified by official identification; and B. Accompanied with a breeder’s certification of virgin status signed by the breeder or his representative attesting that they are virgin bulls.

C. The official identification number shall be written on the breeder’s certificate.

4. Bulls going directly to slaughter are exempt from Trichomoniasis testing.

5. All positive Tritrichomonas foetus test results must be reported to the state veterinarian within seventy-two (72) hours of confirmation.

6. Procedures for managing a Tritrichomonas foetus positive herd— A. An epidemiological investigation shall be performed on each infected herd.

(I) The Missouri Department of Agriculture shall notify adjacent herd owners that their herd may have been exposed to Trichomoniasis.

(II) The Missouri Department of Agriculture shall educate adjacent herd owners about Trichomoniasis, including a recommendation that adjacent herd owners have their herds tested for the disease.

(III) The Missouri Department of Agriculture may require the adjacent herd owner to test the adjacent herd for Trichomoniasis if it is indicated by the epidemiological investigation;

B. A Positive Trichomoniasis herd shall be quarantined.

(I) Any non-virgin female or female twelve (12) months of age or older may be sold directly to slaughter and move on a VS 1-27 permit or remain quarantined.

(II) Positive bulls shall be sent directly to slaughter or to a licensed livestock market for slaughter only and shipped on a VS 1-27 permit.

(III) Positive animals shall be identified by a state issued tamper-evident ear tag;

C. The quarantine shall be released upon the following:

(I) All bulls in a positive Tritrichomonas foetus herd shall have tested negative on two (2) consecutive official Tritrichomonas foetus PCR tests or any official test approved by the state veterinarian at least one (1) week apart. The initial negative test is included in the series of negative tests required; and (II) Female(s) with a calf at side and has had no exposure to other than known negative Tritrichomonas foetus bulls since parturition, or has one hundred twenty (120) days of sexual isolation, or is determined by an accredited veterinarian to be at least one hundred twenty (120) days pregnant;

D. A request for reclassification of a positive bull shall be considered by the state veterinarian, providing the owner or agent submits a written request to the state veterinarian within ten (10) business days of the initial positive test result being reported to the owner agent;

E. Upon receipt of a request for reclassification the state veterinarian shall conduct an investigation that shall include but is not limited to further analysis of the original positive sample, additional testing of the positive bull, and/ or review of the herd record data for the bull in question.

The owner or agent must pay the expenses for all tests conducted by or requested by the state veterinarian on the owner’s herd; and F. The state veterinarian shall send a written response to the owner or agent stating why the reclassification was or was not granted within ten (10) business days after the investigation is completed.

(2) Swine.

(A) Commercial Swine and Transitional Swine.

1. No CVI is required.

2. Brucellosis. No test is required for movement of swine from herds not under quarantine for brucellosis.

3. Pseudorabies. No test is required for movement of swine from herds not under quarantine for pseudorabies.

4. All Missouri origin sows and boars not under quarantine and sold for slaughter are to be individually identified by a backtag, ear tag, tattoo, or other approved device at the first point of concentration.

5. All feral swine are prohibited from movement within (3) Equidae. This includes exotic equine, donkeys, asses, burros, and zebras.

(A) Change of Ownership.

1. All equidae (except nursing foals accompanied by their dams) bartered, donated, exchanged, gifted, leased, relinquished, sold, or otherwise involved in a change of ownership must have an official negative Equine Infectious Anemia (EIA) test within twelve (12) months prior to change of ownership or lease.

2. All change of ownership or leasing must be accompanied by the original owner’s copy of the VS Form 10-11 or any officially recognized federal/state EIA test chart showing the graphic description of all markings or imprinted photograph on any officially recognized federal/state EIA test chart needed for permanent identification.

3. No photocopies of the VS Form 10-11 are valid for change of ownership or leasing.

4. No equidae will be sold EIA test pending through private treaty.

(B) Boarding, Breeding, and Training Facilities.

1. All equidae assembled at boarding, breeding, or training stables shall be tested negative for EIA within the preceding twelve (12) months.

2. The owner/manager of the premises is responsible for maintaining proof of current negative EIA test for each animal either the original VS From 10-11 or any officially recognized federal/state EIA test chart, or an electronically generated copy of the VS Form 10-11 or any officially recognized federal/state EIA test chart is acceptable proof of a current negative EIA test.

(C) Equidae Owned, Leased, or Rented by a Business or Public Entity.

1. Equidae owned, leased, or rented by a business or public entity that congregate with privately owned equidae or other equidae offering the same service must have an official negative EIA test within the preceding twelve (12) months.

2. The owners or managers shall be responsible for maintaining either the original VS Form 10-11 or any officially recognized federal/state EIA test chart, or electronically generated copy of the VS Form 10-11, or any officially recognized federal/state EIA test chart recording a current negative test for each animal being used for the service. These records shall be available for inspection by a veterinarian or animal health officer employed by the Missouri Department of Agriculture or the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS)- Veterinary Services (VS).

(D) All managed or sponsored trail rides, rodeos, or competitions must require an official negative EIA test within twelve (12) months prior to the event.

1. The manager or sponsor of each assembly or event shall be responsible for ensuring that each animal is accompanied by proof of an official negative EIA test (either the original VS Form 10-11 or any officially recognized federal/state EIA test chart, or an electronically generated copy of the VS Form 10- 11, or any officially recognized federal/state EIA test chart), and shall not allow equidae not so certified to participate in the event or to congregate with other equidae.

2. These records shall accompany the animal and shall be available for inspection by state/federal personnel as well as show/event personnel establishing compliance with regulations.

3. The owner of each animal is also responsible to comply with these requirements under sections 267.010 to 267.730, RSMo, and may result in assessed civil penalties not to exceed ten thousand dollars ($10,000) for each violation.

(E) Alteration or substitution of any information on any VS Form 10-11 or any officially recognized federal/state EIA test chart, including any electronically generated copy, or CVI shall cause the document to be invalid and in violations penalties, not to exceed ten thousand dollars ($10,000) per violation.

(F) Procedures for Handling Missouri EIA Positive Equidae.

1. Upon notification of a positive EIA test from any accredited laboratory, the positive animal(s) will be permanently identified by microchip implantation, quarantined, and isolated at least two hundred (200) yards from any other equidae.

2. All equidae determined or believed to be exposed to the positive animal will be quarantined, permanently identified by microchip implantation, and blood collected by a veterinarian employed by the Missouri Department of Agriculture or a veterinarian employed by USDA, APHIS-VS, or a licensed accredited deputy veterinarian acting under the direction of the state veterinarian for official EIA testing.

3. The original reactor animal is to be tested a second time within thirty (30) days of the first positive test. The second sample will be drawn by state or federal regulatory personnel and will be submitted to an official laboratory approved by regulatory officials. The owner may request that the sample be split and one (1) sample submitted to a private accredited laboratory of their choice at their own expense.

4. Upon confirmation of positive status by a Department of Agriculture Animal Health Diagnostic Laboratory and the National Veterinary Services Laboratory, the positive animal will be freeze-branded on the left side of the neck with an alphanumeric code that indicates the state of Missouri (by the number 43), EIA positive (by AP), the last digit of the year (by the last digit of the year in which the animal was found positive), followed by the positive EIA case number for that year (for instance, the first case would be 01). The freeze-brand will be a minimum of two inches (2") high and seven (7) characters long. The positive animal will also have a microchip implanted by a regulatory official.

5. The owner or a representative of the owner must decide within fifteen (15) days the disposition of the positive animal with the following options:

A. Euthanasia with a written statement from the attending veterinarian, including date and disposition of the animal(s); or B. Permanently quarantined, with the owner agreeing to abide by all the stipulations required by signing an EIA Quarantine Affidavit (MO Form 350-1052).

6. All other equidae owned/managed or leased will be placed under quarantine for sixty (60) days after removal of the last known positive animal. Two (2) negative EIA tests will be required to be released from quarantine. The first test shall be considered at the time exposure was discovered and the second test at sixty (60) days or more after the removal of the last known positive animal.

A. All exposed animals will be permanently identified by electronic microchip.

B. Blood samples will be drawn by a veterinarian or animal health officer employed by the Missouri Department of Agriculture or the USDA, APHIS-VS, and submitted to an official laboratory approved by regulatory officials at no charge.

C. Foals from EIA positive mares will acquire passive antibody to EIA in the colostrum and may test positive for more than six (6) months. In these cases, the foal will be quarantined for at least sixty (60) days after weaning or separation from all positive equids and up to one (1) year of age, pending negative EIA test results. If the animal is still test-positive by one (1) year of age, it is considered infected and will be handled as a Missouri EIA Positive Equidae.

7. Violation of quarantine by any person in possession of the positive animal(s) or exposed animal(s) or refusal to test or to allow microchip implanting will be in violation of

section 267.603, RSMo, and may result in civil penalties, not to exceed one thousand dollars ($1,000) for each violation and penalties, not to exceed five hundred dollars ($500) for each day such person fails to cooperate as required under this subsection.

(G) Brucellosis in Equidae. All equine showing signs of fistulous withers or poll evil will be tested for brucellosis.

Samples must be submitted to an official laboratory approved by regulatory officials.

1. All positive animals will be euthanized and a written statement from the attending veterinarian, including date and disposition of the animal(s) provided to the department upon request.

(4) Sheep.

(A) All sheep (including exotic sheep and antelope), regardless of age or sex, which are exchanged, bartered, gifted, leased, or sold within Missouri must be free of symptoms of infectious or contagious diseases.

(B) All sheep (including exotic sheep and antelope), regardless of age or sex, must be individually identified by official scrapie identification as defined by official identification, or any other means approved by the state veterinarian identifying them to the flock of origin.

(C) No tests or CVI is required.

(D) All suspected or confirmed cases of scrapie must be reported immediately to the state veterinarian.

(E) All sheep (including exotic sheep and antelope) from a scrapie infected or source flock will be individually identified and quarantined. Official identification is required on any live scrapie positive, suspect, or high risk animal of any age and of any sexually intact exposed animal of more than one (1) year of age or any sexually intact exposed animal of less than one (1) year of age upon change of ownership (except for exposed animals moving in slaughter channels at less than one (1) year of age), whether or not the animal resides in a source or infected flock.

(F) Quarantine release will be issued by the state veterinarian according to Title 9, Code of Federal Regulations,

Part 79, published March 25, 2019, herein incorporated by reference and made a part of this rule, as published by the United States Government Publishing Office, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore. gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(5) Goats (Including Exotic Goats).

(A) All goats (including exotic goats), regardless of age or sex, which are exchanged, bartered, gifted, leased, or sold within Missouri must be free of symptoms of infectious or contagious diseases.

(B) All goats (including exotic goats), regardless of age or sex, must be individually identified by official scrapie identification as defined by official identification, or any other means approved by the state veterinarian identifying them to the herd of origin.

(C) No tests or CVI is required.

(D) All suspected or confirmed cases of scrapie must be reported immediately to the state veterinarian.

(E) All goats (including exotic goats) from a scrapie infected or source herd will be individually identified and quarantined. Official identification is required on any live scrapie positive, suspect, or high risk animal of any age and of any sexually intact exposed animal of more than one (1) year of age or any sexually intact exposed animal of less than one (1) year of age upon change of ownership (except for exposed animals moving in slaughter channels at less than one (1) year of age), whether or not the animal resides in a source or infected flock.

(F) Quarantine release will be issued by the state veterinarian according to the Title 9, Code of Federal Regulations, Part 79, published March 25, 2019, herein incorporated by refer ence and made a part of this rule, as published by the United States Government Publishing Office, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, additions.

(6) Captive Cervids.

(A) Captive cervids, including but not limited to elk, elk-hybrids, red deer, roe deer, white-tailed deer, mule deer, sika deer, moose, reindeer, muntjac, and fallow deer, exchanged, bartered, gifted, leased, or sold within Missouri must be individually identified with two (2) forms of identification, with one (1) being an official ear tag as defined by official identification, legible tattoo, or any other means of permanent identification approved by the state veterinarian and be individually listed on a CVI or a Breeder’s Movement Certificate.

1. Breeder’s Movement Certificate. A form provided by the Missouri Department of Agriculture (MDA) which documents the movement of cervids within Missouri and may be completed by the breeder and must list the official identification, age, sex, species of the cervids moving within Missouri, and a complete address of the farm of origin and destination. The form will also list any required testing and Chronic Wasting Disease (CWD) status of the herd of origin.

The original will accompany the shipment, and a copy will be submitted to the MDA within thirty (30) days of movement.

(B) Chronic Wasting Disease (CWD).

1. All CWD susceptible cervids over one (1) year of age must be enrolled in a CWD program sponsored by the Missouri Department of Agriculture. Original anniversary date must be listed on the CVI or Breeder’s Movement Certificate. All CWD susceptible cervids must have a CWD Status Level of 1 to move within Missouri.

2. Fallow deer must have documentation of a current annual inspection conducted by an accredited veterinarian and record of current inventory, except fallow deer that have contact with susceptible species must be enrolled in a CWD program sponsored by the Missouri Department of Agriculture.

3. All suspected or confirmed cases of CWD must be reported to the state veterinarian.

4. All captive cervids from infected or source herds will be quarantined until the animal(s) meet provisions for release by the appropriate state officials.

(C) Hunting Preserves.

1. Must be permitted with the Missouri Department of Conservation (MDC) and comply with all regulations of the Missouri Wildlife Code (3 CSR 10-9).

2. Must maintain records of all purchased and harvested cervids.

A. Documentation must be maintained for five (5) years and provided for inspection to Missouri Department of Agriculture and Missouri Department of Conservation authorities upon request. Records required include the name and address of any individual harvesting any animal, identification and origin (including owner and address) of the harvested animal, and CVI or Breeder’s Movement Certificate required for movement.

B. Any cervids entering the hunting preserve must be officially identified and listed on a CVI or Breeder’s Move ment Certificate.

(7) Alpacas, Camels, and Llamas. No testing, identification, or CVI is required on alpacas, camels, llamas, and other camelids exchanged, bartered, leased, relinquished, or sold within Missouri (excluding livestock markets).

(8) Ratites. No testing, identification, or CVI is required on ratites (including but not limited to ostrich, rheas, and emus) exchanged, bartered, leased, relinquished, or sold within Missouri (excluding livestock markets).

(9) Dogs and Cats.

(A) All dogs and cats exchanged, bartered, leased, or sold within Missouri over four (4) months of age must be vaccinated by one (1) of the methods and within the time period published in the Compendium of Animal Rabies Vaccines March 1, 2016, by the National Association of State Public Health Veterinarians, Inc., incorporated by reference and made a part of this rule, as published by the United States Government Publishing Office, 732 N. Capital Street NW, Washington DC 20402-0001, phone: toll free (866) 512-1800, additions.

(B) All dogs and cats must be eight (8) weeks of age to enter into commerce.

(10) Miscellaneous Animals.

(A) No CVI is required.

(B) All miscellaneous animals exchanged, bartered, leased, relinquished, or sold within Missouri must be free of symptoms of infectious or contagious diseases.

(C) Movement of wildlife within Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9. Movement of certain (11) Exotic Animals.

(A) All exotic animals must be accompanied by an official CVI showing an individual listing of the scientific and/ or common name(s) of the animal(s) and appropriate descriptions of animal(s) such as sex, age, weight, coloration, and permanent identification.

(B) Elephants (Asiatic and African) and non-human primates must be tested negative for tuberculosis within one (1) year prior to movement.

(C) Animals moving between publicly owned Association of Zoos and Aquariums (AZA) accredited zoos are exempt from the requirement through this regulation, except cervids moving between publicly owned AZA accredited zoos must meet the chronic wasting disease monitoring requirements as outlined in subsection (6)(B).

(D) Movement of wildlife within Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9. Movement of certain

Rescinded and readopted: Filed Dec. 14, 1987, effective March 25, 1988. Amended: Filed Nov. 15, 1988, effective March 26, 1989. Amended: Filed Dec. 13, 1989, effective April 27, 1990.

Emergency amendment filed March 8, 1991, effective March 18, 1991, expired July 15, 1991. Amended: Filed March 15, 1991, effective Aug. 30, 1991. Amended: Filed June 4, 1991, effective Oct. 31, 1991. Emergency amendment filed Dec. 20, 1991, effective Dec. 30, 1991, expired April 27, 1992. Amended: Filed Feb. 4, 1992, effective June 25, 1992. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992.

Amended: Filed March 3, 1992, effective Sept. 6, 1992. Emergency amendment filed Aug. 20, 1993, effective Aug. 30, 1993, expired Dec. 27, 1993. Amended: Filed Aug. 27, 1993, effective Jan. 31, 1994. Emergency amendment filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994. Amended: Filed April 4, 1994, effective Sept. 30, 1994. Emergency amendment filed Jan. 17, 1995, effective Jan. 27, 1995, terminated Feb. 1, 1995.

Amended: Filed Jan. 31, 1995, effective July 30, 1995. Amended:

Filed July 31, 1996, effective March 30, 1997. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Amended: Filed Feb. 15, 2000, effective July 30, 2000. Amended: Filed May 14, 2002, effective Dec. 30, 2002. Amended: Filed Jan. 30, 2003, effective July 30, 2003. Amended: Filed March 17, 2003, effective Sept. 30, 2003. Amended: Filed March 17, 2003, effective Sept. 30, 2003. Emergency amendment filed March 5, 2004, effective March 15, 2004, expired Aug. 27, 2004. Amended: Filed March 5, 2004, effective Oct. 30, 2004. Amended: Filed June 12, 2009, effective Jan. 30, 2010. Amended: Filed Nov. 10, 2010, effective June 30, 2011. Amended: Filed July 26, 2011, effective Feb. 29, 2012. Emergency amendment filed Oct. 29, 2012, effective Nov. 8, 2012, expired May 6, 2013. Amended: Filed Oct. 29, 2012, effective April 30, 2013. Amended: Filed Oct. 30, 2014, effective May 30, 2015. Amended: Filed June 19, 2019, effective Feb. 29, 2020. Amended: Filed May 5, 2023, effective Dec. 30, 2023.

History

• AUTHORITY: section 267.645, RSMo 2016. Original rule filed April 18, 1975, effective April 28, 1975. Amended: Filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Dec. 14, 1976, effective April 11, 1977. Amended: Filed Aug. 13, 1977, effective Nov. 11, 1979. Amended: Filed Aug. 8, 1980, effective Nov. 14, 1980. Amended: Filed Feb. 16, 1983, effective June 12, 1983. Amended: Filed Jan. 6, 1984, effective June 12, 1984.

2 CSR 30-2.030 Rules Governing Movement of Swine Into and Within Missouri {#sec-2-csr-30-2.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.030}

(Rescinded September 30, 1994)

History

• AUTHORITY: section 267.645, RSMo 1986. Original rule filed July 16, 1969, effective July 26, 1969. Amended: Filed Sept. 22, 1969, effective Oct. 2, 1969. Emergency rescission filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994. Rescinded: Filed April 4, 1994, effective Sept. 30, 1994.

2 CSR 30-2.040 Animal Health Requirements for Exhibition {#sec-2-csr-30-2.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.040}

PURPOSE: This rule revises and clarifies Missouri’s regulations on intrastate and interstate requirements for exhibition.

(1) Animals with active lesions of ringworm with resulting loss of hair or warts easily visible without close examination will not be permitted to exhibit and shall be subject to isolation or expulsion depending upon the nature and seriousness of the disease.

(2) Scheduled breed association sales with shows in conjunction with the sales must employ accredited veterinarians other than state regulatory personnel for examining animals and processing Certificate of Veterinary Inspections (CVI) upon change of ownership.

(3) The listed minimal health and testing requirements on livestock are for exhibition only and do not qualify livestock to be sold or moved to a new owner or destination.

(4) Exhibition Requirements for Cattle, Bison, and Exotic Bovids.

(A) Intrastate (Missouri origin cattle and bison moving for 1. A CVI is required.

2. All animals must be individually identified by an official ear tag as defined by official identification, or reg istration tattoo, or any other means approved by the state veterinarian, be individually listed on a CVI, and be free of clinical signs of infectious or contagious disease.

3. Brucellosis—no test is required.

4. Tuberculosis—no test is required.

(B) Interstate (cattle, bison, and exotic bovids entering Missouri for exhibition only).

1. A CVI is required.

2. All animals must be individually identified by an official ear tag as defined by official identification, or registration tattoo, or any other means approved by the state veterinarian, be individually listed on a CVI, and be free of clinical signs of infectious or contagious disease.

3. Brucellosis.

A. Cattle from brucellosis-free states. No brucellosis test or entry permit is required.

B. Cattle from brucellosis Class A states.

(I) Test-eligible animals include all sexually intact animals eighteen (18) months of age and over.

(II) All test-eligible cattle must be tested and negative within thirty (30) days prior to entry except— (a) Cattle from a certified brucellosis-free herd. The certified herd number and the date of the last test must be listed on the CVI.

(III) Steers. No brucellosis test required but must be individually identified and listed on a CVI.

(IV) Rodeo bulls from a Class A state must have a negative brucellosis test within twelve (12) months prior to exhibition.

4. Tuberculosis.

A. Beef cattle—All classes of beef cattle (including exotic bovids and bison), two (2) months of age and older, entering Missouri for exhibition must meet the following (I) All classes of beef cattle entering Missouri for exhibition from a state having a tuberculosis-free status may enter without additional testing requirements or entry permit;

(II) All classes of beef cattle, six (6) months of age and older, entering Missouri for exhibition from a state having a tuberculosis status less than free must meet the following (a) Must obtain an entry permit;

(b) Must have a negative tuberculosis test within sixty (60) days of shipment, test date must be listed on the CVI;

(c) Move from an accredited tuberculosis-free herd (herd test date must be listed on the CVI); or (d) Move directly from a herd of origin that has had one (1) complete negative herd test within one (1) year (date of test must be listed on the CVI).

B. Dairy—All classes of dairy cattle, two (2) months of age and older, entering Missouri for exhibition must meet the following requirements:

(I) Must obtain an entry permit;

(II) All sexually intact dairy cattle six (6) months and older must have a negative tuberculosis test within sixty (60) days of shipment, test date must be listed on the CVI; or (III) Move from an accredited tuberculosis-free herd (herd test date must be listed on the CVI); or (IV) Move directly from a herd of origin that has had one (1) complete negative herd test within one (1) year (date of test must be listed on the CVI).

C. Rodeo Livestock.

(I) Rodeo livestock, eighteen (18) months of age and older, must be tested negative for tuberculosis every twelve (12) months and obtain an entry permit prior to entering (II) No sexually intact rodeo stock from Mexico will be permitted to enter Missouri without a negative tuberculosis test within sixty (60) days of shipment (test date must be listed on the CVI).

(5) Exhibition Requirements for Swine.

(A) Intrastate (Missouri origin swine moving for exhibition only).

1. A CVI is required.

2. All swine must be individually identified by official ear tag as defined by official identification, or ear notch, tattoo, or any other means of permanent identification ap proved by the state veterinarian, be individually listed on a CVI, and be free of clinical signs of infectious or contagious disease.

3. Brucellosis. No test is required.

4. Pseudorabies. No test is required.

(B) Interstate (swine entering Missouri for exhibition only).

1. A CVI is required.

2. All swine must be individually identified by official ear tag as defined by official identification, or ear notch, tattoo, or any other means of permanent identification approved by the state veterinarian, be individually listed on a CVI, and be free of clinical signs of infectious or contagious disease.

3. An entry permit is required.

4. Brucellosis.

A. Swine originating from brucellosis-free states may exhibit without a brucellosis test.

B. Swine originating from a state having a brucellosis status less than free must be tested negative within sixty (60) days prior to exhibition except— (I) Breeding swine from a validated brucellosis-free herd. The validated herd number and date of last validating test must be listed on the CVI.

5. Pseudorabies.

A. Swine originating from a state classified as Stage V in the National Pseudorabies (PRV) Eradication Plan may exhibit without a pseudorabies test.

B. All other swine must be tested negative within sixty (60) days prior to exhibition except— (I) Swine from a qualified pseudorabies-free herd. The qualified herd number and date of the last qualifying test.

(6) Exhibition Requirements for Equidae (including exotic equine, donkeys, asses, burros, and zebras).

(A) Intrastate (Missouri origin horses and other equidae moving for exhibition).

1. Equidae must be free of clinical signs of an infectious or contagious disease. Any equidae showing signs of infec tious or contagious disease at an exhibition shall be excused by the official inspecting veterinarian. When an official inspecting veterinarian is present, all equidae will be subject to daily inspection.

2. A CVI is not required.

3. All equidae (except nursing foals accompanied by their dams) must be accompanied by a current VS Form 10-11 or any officially recognized federal/state Equine Infectious Anemia (EIA) test chart showing test date within twelve (12) months prior to exhibition for each animal, the name of the EIA ac credited testing laboratory and the test accession number assigned by the laboratory, the graphic description of all mark ings needed for identification, or microchip, or legible tattoo, or unique registered brand or imprinted photograph on any officially recognized federal/state EIA test chart. An electron ically generated copy of the VS Form 10-11 or any officially recognized federal/state EIA test chart may be accepted for the

purpose of exhibition.

A. Alteration or substitution of any information on any VS Form 10-11 or any officially recognized federal/state EIA test chart, including electronically generated copy, or CVI shall cause the document to be invalid and in violation of sections 267.010 to 267.730, RSMo, and may result in civil penalties not to exceed ten thousand dollars ($10,000) per violation and subject to expulsion.

(B) Interstate (including exotic equine, donkeys, asses, burros, and zebras).

1. Equidae must be free of clinical signs of an infectious or contagious disease. Any equidae showing signs of infectious or contagious diseases at an exhibition shall be excused by the official inspecting veterinarian. When an official inspecting veterinarian is present, all equidae will be subject to daily inspection.

2. A CVI is required on all equidae (except nursing foals accompanied by their dams) showing identification and description of equidae listed and negative test results of an official EIA test, showing test date within twelve (12) months prior to exhibition for each animal, and the name of the EIAaccredited testing laboratory and the test accession number assigned by the laboratory. All equidae entering without an official CVI and/or EIA test shall be excused from the show until proper documentation and test are available.

3. All equidae (except nursing foals accompanied by their dams) must be accompanied by a current VS Form 10-11 or any officially recognized federal/state EIA test chart showing test date within twelve (12) months prior to exhibition for each animal, the name of the EIA accredited testing laboratory and the test accession number assigned by the laboratory, the graphic description of all markings needed for identification or microchip, or legible tattoo, or unique registered brand or imprinted photograph on any officially recognized federal/ state EIA test chart. An electronically generated copy of the VS Form 10-11 or any officially recognized federal/state EIA test chart may be accepted for the purpose of exhibition.

A. Alteration or substitution of any information on any VS Form 10-11 or any officially recognized federal/state EIA test chart, including electronically generated copy, or CVI shall cause the document to be invalid and in violation penalties not to exceed ten thousand dollars ($10,000) per violation and subject to expulsion.

4. A six- (6-) month passport from states with which there is a reciprocal agreement will be accepted in lieu of a CVI.

These passports must have record of a negative EIA test within thirty (30) days of the date of application of the passport and permanent identification for each horse recorded on the passport and the VS Form 10-11 or any officially recognized federal/state EIA test chart, along with other identifying characteristics. In the event of confirmed vesicular stomatitis in any of the states with which reciprocal agreements exist, use of the six- (6-) month passport will be immediately suspended by the state veterinarian of Missouri.

5. Venezuelan Equine Encephalomyelitis (VEE) vaccination and entry permit is required prior to entry on equidae originating from states in which VEE has been diagnosed within the preceding twelve (12) months.

6. The board, organization, or manager of each assembly or event is responsible for certifying that all equidae admitted or participating meet the regulations in this section and shall not admit or allow participation of equidae not so certified.

Untested equidae shall not be allowed to congregate with other equidae. The owner of each animal shall comply with requirements under sections 267.010 to 267.730, RSMo, and may be assessed civil penalties not to exceed ten thousand dollars ($10,000) for each violation.

(7) Exhibition Requirements for Sheep (including exotic sheep and antelope).

(A) Intrastate—Missouri origin sheep (including exotic sheep and antelope) moving for exhibition.

1. All sheep (including exotic sheep and antelope), re gardless of age or sex, must be free of clinical signs of an 2. All sheep (including exotic sheep and antelope), re gardless of age or sex, must be individually identified by an official scrapie identification as defined by official identifi cation, or any other means of permanent identification approved by the state veterinarian identifying them to the flock of origin and be listed on a CVI.

2. No tests are required.

3. Scabies.

A. Sheep from a scabies quarantined area must be dipped or treated by an officially approved method within ten (10) days prior to exhibition.

(B) Interstate—Sheep (including exotic sheep and ante lope) entering Missouri for exhibition only.

1. All sheep (including exotic sheep and antelope), regardless of age or sex, must be free of clinical signs of an 2. All sheep (including exotic sheep and antelope), re gardless of age or sex, must be individually identified by an official scrapie identification as defined by official identifi cation or any other means of permanent identification approved by the state veterinarian identifying them to the flock of origin and be listed on a CVI.

2. All rams six (6) months of age and older must have a negative Brucella ovis test within thirty (30) days of shipment (test date, results, and name of approved laboratory must be listed on the CVI).

A. Move from a certified Brucella ovis free flock (must be accompanied by the certificate number and date of last test).

4. Scabies.

A. Sheep (including exotic sheep and antelope) from a scabies quarantined area must be dipped or treated by an officially approved method within ten (10) days prior to exhi bition.

B. A permit number must be obtained and recorded on a CVI if the sheep (including exotic sheep and antelope) are from a scabies quarantined area.

(8) Exhibition Requirements for Goats (including exotic goats).

(A) Intrastate—Missouri origin goats (including exotic goats) moving for exhibition only.

1. All goats (including exotic goats), regardless of age or sex, must be free of clinical signs of an infectious or conta gious disease.

2. All goats (including exotic goats), regardless of age or sex, must be individually identified by an official scrapie identification as defined by official identification or any other means of permanent identification approved by the state veterinarian identifying them to the herd of origin and listed on a CVI.

3. No test is required.

(B) Interstate—Goats (including exotic goats) entering Missouri for exhibition only.

1. All goats (including exotic goats) must be free of clinical signs of an infectious or contagious disease.

2. All goats (including exotic goats), regardless of age or sex, must be individually identified by an official scrapie identification as defined by official identification or any other means of permanent identification approved by the state vet erinarian identifying them to the herd of origin and listed on a CVI.

3. No tests or entry permits are required.

(9) Exhibition Requirements for Poultry.

(A) Intrastate (Missouri origin poultry moving for exhibition).

1. All poultry must be free of clinical signs of any infec- 2. No CVI is required.

2. Pullorum-typhoid. All poultry exhibited (except Missouri origin waterfowl) shall be tested negative for pullorum-typhoid within ninety (90) days prior to exhibition or equivalent program in which the flock has been tested within the past twelve (12) months with no change of ownership.

This information shall be documented on a VS Form 9-2 (see 2 CSR 30-8.020) or similar certificate which shall accompany the poultry to the exhibition and shall be made available on request.

(B) Interstate (poultry entering Missouri for exhibition only).

1. All poultry must be free of clinical signs of any infec- 2. A CVI, VS Form 9-2 or similar certificate is required.

2. Pullorum-typhoid test. All poultry exhibited shall be tested negative for pullorum-typhoid within ninety (90) days prior to exhibition or originate from a flock approved by the National Poultry Improvement Plan (NPIP) or an equivalent program in which the flock has been tested within the past twelve (12) months with no change of ownership. This information shall be documented on a CVI, a VS Form 9-2 (see 2 CSR 30-8.020), or similar certificate which shall accompany the poultry to exhibition and shall be made available on request.

3. An entry permit is required.

(C) Requirements for sponsoring exhibitions for poultry.

1. An official representing the person or organization sponsoring any poultry exhibition shall notify the state veteri narian no later than thirty (30) days prior to the exhibition giving the names, place, inclusive dates, and times of the event.

2. Recordkeeping. The sponsor of the exhibition shall compile a list of all poultry present at the exhibition. The list shall contain the name and address or voluntary premises identification number of each owner and the number, spe cies, breed, variety, type, sex, and pullorum-typhoid status of all poultry present. A copy of this list shall be retained by the sponsor of the exhibition for at least twelve (12) months and shall be made available upon request to a representative of the department.

3. Inspection. Poultry must be free of clinical signs of any infectious or contagious disease. Any poultry showing signs of infectious or contagious disease at an exhibition may be excused by the official inspecting veterinarian or department representative.

4. Pullorum-typhoid status. All poultry (except Missouri origin waterfowl) exhibited shall be tested negative for pullo rum-typhoid within the past ninety (90) days or originate from a flock approved by the NPIP or equivalent program in which the flock has been tested within the past twelve (12) months with no change of ownership. This information shall be documented on a VS Form 9-2 (see 2 CSR 30-8.020) or simi lar certificate which shall be made available on request.

(10) Exhibition Requirements for Captive Cervids.

(A) Intrastate (Missouri origin captive cervids moving for 1. All captive cervids must be accompanied by a CVI or a Breeder’s Movement Certificate and individually identified with two (2) forms of identification, with one (1) being an of ficial ear tag as defined by official identification, or any other veterinarian, must not commingle with other animals, and must be individually listed on a CVI or Breeder’s Movement Certificate.

A. Breeder’s Movement Certificate. A form provided by the Missouri Department of Agriculture (MDA) which documents the movement of cervids within Missouri and may be completed by the breeder and must list the official identification, age, sex, species of the cervids moving within Missouri, and a complete address of the farm of origin and destination. The form will also list any required testing and Chronic Wasting Disease status of the herd of origin. The original will accompany the shipment, and a copy will be submitted to the MDA within thirty (30) days of movement.

2. Chronic Wasting Disease (CWD).

A. All CWD susceptible cervids over one (1) year of age must be enrolled in a CWD program sponsored by the Mis souri Department of Agriculture. Original anniversary date must be listed on the CVI. All CWD susceptible cervids must have a CWD Status Level of 1 to move within Missouri.

B. Fallow deer must have documentation of a current annual inspection conducted by an accredited veterinarian and record of current inventory, except fallow deer that have contact with susceptible species must be enrolled in a CWD program sponsored by the Missouri Department of Agricul ture.

(B) Interstate (captive cervids entering Missouri for exhibition only).

1. All captive cervids must be accompanied by a CVI and individually identified with two (2) forms of identifi cation, with one (1) being an official ear tag as defined by official identification, or any other means of permanent identification approved by the state veterinarian, must not commingle with other animals and must be individually listed on a CVI.

2. An entry permit is required.

3. Brucellosis requirements. No testing is required, except— A. No cervidae from the Greater Yellowstone Area or Ecosystem, or any brucellosis surveillance area will be al lowed to enter Missouri.

4. Tuberculosis.

A. Captive cervids—Less than six (6) months of age, not known to be affected or exposed to tuberculosis and not in a status herd must have one (1) negative tuberculosis test, using the single cervical method or Dual Path Platform (DPP) test, within ninety (90) days prior to entering Missouri. The negative test date must be listed on the CVI. Captive cervids must have been isolated from other captive cervids during the testing period.

B. Captive cervids, six (6) months of age and older, not known to be affected or exposed to tuberculosis and not in a status herd must have two (2) negative tuberculosis tests, not less than ninety (90) days apart, using the single cervical method or DPP test prior to entering Missouri for exhibition.

The second test must be within ninety (90) days prior to ex hibition. Both negative test dates must be listed on the CVI.

Captive cervids must have been isolated from other captive cervids during the testing period.

C. Movement from tuberculosis status herds.

(I) Accredited herd—Captive cervids originating from an accredited tuberculosis-free cervid herd may enter on herd status without additional testing provided the ac credited herd number and current test date is listed on the CVI.

(II) Qualified herd—Captive cervids originating from a qualified herd must have one (1) negative tuberculo sis test, using the single cervical method, within ninety (90) days prior to the date of exhibition.

(III) Monitored herd—Captive cervids originating from a monitored herd must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to the date of movement.

(IV) Captive cervids less than twelve (12) months of age born within and originating from a status herd may be moved without further testing provided that they have not been exposed to captive cervids from a lower status herd.

5. Chronic wasting disease.

A. Captive cervids will not be allowed to enter the state if, within the last five (5) years, the animal— (I) Originates from an area or has been in an area that has been reported as a CWD endemic area; and (II) Originates from a CWD positive captive herd.

B. CWD susceptible cervids entering Missouri from any state must have participated in a CWD certification program for five (5) consecutive years. Original anniversary date must be listed on the CVI.

C. Fallow deer entering Missouri from any state must have documentation of a current annual inspection con ducted by an accredited veterinarian and record of current inventory, except fallow deer that have contact with sus ceptible species must meet the CWD certification program requirements.

D. Captive cervids moving between publicly owned Association of Zoos and Aquariums (AZA) accredited zoos must meet the CWD certification program requirements.

(11) Exhibition Requirements for Alpacas, Camels, and Llamas.

(A) Intrastate (Missouri origin alpacas, camels, llamas, and other camelids moving for exhibition).

1. All alpacas, camels, llamas, and other camelids must be free of clinical signs of infectious or contagious disease.

2. No CVI is required.

(B) Interstate (alpacas, camels, llamas, and other camelids entering Missouri for exhibition only).

1. All alpacas, camels, llamas, and other camelids must be free of clinical signs of infectious or contagious diseases.

2. All alpacas, camels, llamas, and other camelids must be accompanied by an official CVI showing an individual listing of the common name(s) of the animal(s) such as sex, age, weight, coloration, and the official ear tag as defined by official identification, microchip, tattoo, or any other means of permanent identification approved by the state veterinarian.

3. No test is required.

4. No permit is required.

(12) Exhibition Requirements for Ratites.

(A) Intrastate.

1. Ratites (including but not limited to ostrich, rheas, and emus) must be veterinarian inspected and individually identified as defined, or by leg band, microchip, wing band, legible tattoo, or any other means approved by the state vet erinarian and listed on the CVI.

(B) Interstate.

1. Ratites (including but not limited to ostrich, rheas, and emus) must be veterinarian inspected and individually identified as defined, or by leg band, microchip, wing band, legible tattoo, or any other means approved by the state vet erinarian and listed on the CVI.

2. No test is required.

(13) Exhibition Requirements for Dogs and Cats.

(A) Intrastate (Missouri origin dogs and cats moving for exhibition).

1. Dogs and cats must be free of clinical signs of infec- 2. No CVI is required.

2. Dogs and cats, four (4) months of age and older, must be vaccinated for rabies by one (1) of the methods and within the time period published in the March 1, 2016 edition of the Compendium of Animal Rabies Vaccines by the National Association of State Public Health Veterinarians, Inc., incorporated by reference and made a part of this rule, Office, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(B) Interstate (dogs and cats entering Missouri for exhibition only).

1. Dogs and cats must be free of clinical signs of infec 2. A CVI is required.

2. All dogs and cats, four (4) months of age and older, must be vaccinated for rabies by one (1) of the methods and within the time period published in the March 1, 2016 edition of the Compendium of Animal Rabies Vaccines by the National Association of State Public Health Veterinarians, Inc., incorpo rated by reference and made a part of this rule, as published by the United States Government Publishing Office, 732 N.

Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http:// bookstore.gpo.gov. This rule does not incorporate any subse quent amendments or additions.

4. No entry permit is required.

(14) Exhibition Requirements for Miscellaneous Animals.

(A) Intrastate (Missouri origin miscellaneous animals moving for exhibition only).

1. Miscellaneous animals must be free of clinical signs of any infectious or contagious disease.

2. Exhibition and movement of wildlife within Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9.

Exhibition of certain wildlife species is prohibited or may require a permit.

(B) Interstate (miscellaneous animals entering Missouri for 1. All miscellaneous animals must be free of clinical signs of any infectious or contagious disease.

2. A CVI is required showing an individual listing of the common name(s) of the animal(s) and appropriate descriptions of animal(s) such as sex, age, weight, coloration, and must be individually identified as defined, or by any other means approved by the state veterinarian and listed on the CVI.

3. Exhibition and importation of wildlife into Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9. Exhibition and importation into Missouri of certain wildlife species is prohibited or may require a permit.

(15) Exhibition Requirements for Exotic Animals.

(A) Intrastate (Missouri origin exotic animals moving for 1. A CVI is required showing an individual listing of the scientific and/or common name(s) of the animal(s), appropriate descriptions of animal(s) such as sex, age, weight, coloration, and must be individually identified as defined by official identification or any other means approved by the state veterinarian and listed on the CVI.

2. Elephants (Asiatic, African) and non-human primates must be tested negative for tuberculosis within one (1) year prior to exhibition.

3. No tests are required for animals moving between accredited zoos, except cervids moving between publicly owned (AZA) accredited zoos must meet the chronic wasting disease monitoring requirements as outlined in section (10).

4. Exhibition and movement of wildlife within Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9.

Exhibition of certain wildlife species is prohibited or may require a permit.

(B) Interstate (exotic animals entering Missouri for 1. All exotic animals must be free of clinical signs of any 2. A CVI is required showing an individual listing of the scientific and/or common name(s) of the animal(s), appropriate descriptions of animal(s) such as sex, age, weight, coloration, and must be individually identified as defined by official identification, or any other means approved by the state veterinarian and listed on the CVI.

3. Elephants (Asiatic and African) and non-human primates must be tested negative for tuberculosis within one (1) year prior to exhibition.

4. No tests are required for animals moving between accredited zoos, but shipment must be accompanied by a CVI. Cervids moving between publicly owned AZA accredited zoos must meet the CWD monitoring requirements as outlined in section (10). An entry permit is required on all animals moving between publicly owned AZA accredited zoos.

5. Exhibition and importation of wildlife into Missouri is regulated by the Missouri Wildlife Code 3 CSR 10-9. Exhibition and importation into Missouri of certain wildlife species is prohibited or may require a permit.

June 28, 1977, effective July 8, 1977, expired Nov. 5, 1977. Original

rule filed June 28, 1977, effective Oct. 13, 1977. Amended: Filed Feb. 8, 1978, effective May 11, 1978. Amended: Filed Feb. 1, 1979, effective May 11, 1979. Amended: Filed Feb. 2, 1982, effective May 13, 1982. Rescinded and readopted: Filed Jan. 9, 1984, effective April 12, 1984. Amended: Filed Feb. 10, 1986, effective May 11, 1986.

Amended: Filed Dec. 13, 1989, effective April 27, 1990. Emergency amendment filed April 24, 1991, effective May 4, 1991, expired Aug. 31, 1991. Amended: Filed July 15, 1991, effective Dec. 9, 1991.

Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Amended: Filed March 3, 1992, effective Sept. 6, 1992. Emergency amendment filed Aug. 20, 1993, effective Aug. 30, 1993, expired Dec. 27, 1993. Amended: Filed Aug. 27, 1993, effective Jan. 31, 1994. Emergency amendment filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994. Amended: Filed April 4, 1994, effective Sept. 30, 1994. Emergency amendment filed Jan. 17, 1995, effective Jan. 27, 1995, terminated Feb. 1, 1995. Amended:

Filed Jan. 31, 1995, effective July 30, 1995. Amended: Filed July 31, 1996, effective March 30, 1997. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Emergency amendment filed Nov. 2, 2001, effective Nov. 12, 2001, expired May 10, 2002. Amended: Filed April 10, 2002, effective Sept. 30, 2002. Amended: Filed May 14, 2002, effective Dec. 30, 2002. Amended: Filed Jan. 30, 2003, effective July 30, 2003. Emergency amendment filed March 5, 2004, effective March 15, 2004, expired Aug. 27, 2004. Amended: Filed March 5, 2004, effective Oct. 30, 2004. Amended: Filed March 15, 2005, effective Oct. 30, 2005. Amended: Filed Feb. 27, 2008, effective Sept. 30, 2008. Amended: Filed May 11, 2009, effective Dec. 30, 2009.

Amended: Filed May 5, 2023, effective Dec. 30, 2023.

2 CSR 30-2.050 Requirements for the Eradication of Pullorum Disease and Fowl Typhoid in Poultry {#sec-2-csr-30-2.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.050}

(Rescinded December 9, 1991)

History

• AUTHORITY: sections 267.560–267.660, RSMo 1986. Original rule filed Dec. 2, 1977, effective March 11, 1978. Rescinded: Filed July 15, 1991, effective Dec. 9, 1991.

2 CSR 30-2.060 Regulations Regarding Required Use and Sale of Brucella Abortus Vaccine {#sec-2-csr-30-2.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.060}

PURPOSE: This rule establishes the regulations relating to official calfhood vaccination in Missouri.

(1) Definitions.

(A) Accredited and approved veterinarian—A veterinarian who has been accredited by the United States Department of Agriculture (USDA) and approved by the Department of Agriculture of this state and who is duly licensed under the laws of this state to engage in the practice of veterinary medicine.

(B) Bovine—Male and female cattle or buffalo.

(C) Director—The director of the Department of Agriculture of Missouri.

(D) Official calfhood vaccinate (OCV)—Female cattle of any breed or female bison vaccinated while legal age by a veterinary services veterinarian, state veterinarian or an accredited veterinarian with an approved Brucella abortus vaccine.

(E) Quarantined feedlot—A confined area under official state quarantine and approved jointly by the director of the Department of Agriculture and officials of the USDA where all animals are to be classified as exposed to brucellosis.

(F) “S”-branded cattle—Cattle which have been identified by branding with a hot iron bearing the letter “S” to be placed on the tailhead with a letter two inches high by two inches wide (2" × 2").

(G) Spay—Sterilization of a female animal by removal of the ovaries.

(2) Vaccine for Vaccination of Female Cattle and Bison Against Brucellosis.

(A) Brucella abortus vaccine approved by the state veterinarian may be administered to female bovine and bison when they reach the age of four through twelve (4–12) months, or one hundred twenty through three hundred sixty-five (120–365) days.

1. The right ear will be tattooed with a code consisting of one (1) letter “R” followed by one (1) shield “V” followed by a number zero to nine (0–9) indicating the last digit of the present year.

Example: RV8 2. An official orange metal eartag is to be placed in the right ear. If the animal is a registered female calf, the registration tattoo may be substituted for the orange metal tag or a registered individual brand may be used instead of the orange metal tag.

3. Every vaccinated female calf must be tattooed with the proper code.

(B) Brucella abortus vaccine shall be sold only to accredited and approved veterinarians.

(3) OCV Certificate. A certificate listing the owner’s name and address, identification, age and breed of the calf will be made out by the accredited and approved veterinarian upon completion of the vaccination procedure. The serial number of the vaccine and manufacturer of the vaccine will be listed on the vaccination certificate. Certificates must be submitted to the state veterinarian’s office within sixty (60) days of vaccination.

(4) All female cattle and bison four (4) months of age and over that are imported into Missouri from brucellosis Class B and C states must be OCV, spayed, “S”-branded or from a certified brucellosis-free herd, and must meet the entry requirements as stated in Missouri interstate shipment rules.

(5) Quarantine Feedlot.

(A) The quarantined feedlot shall be maintained for finished feeding of animals in a dry lot with no provisions for pasturing or grazing.

(B) There shall be no breeding or two (2)-way cattle allowed in the quarantined feedlot.

(C) All negative exposed animals, and untested testeligible cattle must be permanently identified with a hot iron “S”-brand.

(D) All cattle except steers and spayed heifers leaving a quarantined feedlot must go directly to slaughter.

(E) An application for an approved quarantined feedlot permit (see 2 CSR 30-2.010) must be made to the Department of Agriculture. The department may suspend or revoke the permit for any violation of the rules of the department.

(F) Permission to enter the premises of a quarantined feedlot shall be granted to a duly authorized agent of the department or of the USDA.

(G) The various certificates and records of all quarantined feedlots shall be exhibited to authorized persons upon demand.

(H) Complete books and records relating to the operation of the quarantined feedlot shall be kept in a current manner for a period of two (2) years.

(I) A quarantined feedlot shall be located and constructed to eliminate any drainage of wastes from the feedlot into or upon any neighboring farm or land.

(J) A permanent, well-constructed live-stock-proof barrier or fence will be constructed to contain all animals in the feedlot, so there will be no direct contact between animals in the feedlot and any livestock that may be located adjacent to the quarantined feedlot.

Amended: Filed March 3, 1992, effective Sept. 6, 1992. Amended:

Filed Jan. 31, 1995, effective July 30, 1995. Amended: Filed Jan. 4, 1999, effective July 30, 1999.

History

• AUTHORITY: section 267.645, RSMo 1994. Original rule filed Jan. 26, 1984, effective June 12, 1984. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992.

2 CSR 30-2.070 Enforcement Regulations Governing Interstate Movement of Livestock and Poultry {#sec-2-csr-30-2.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.070}

PURPOSE: This rule strengthens the enforcement powers governing violations of movement of livestock and poultry into Missouri.

(1) Powers of the director of the Department of Agriculture in the enforcement of animal disease control and eradication law.

(A) The director shall authorize certain employees of the department or employees of the United States Department of Agriculture (USDA) to assist in the enforcement of the animal disease control and eradication law.

(B) Upon request of the director or authorized employees, all county and municipal law enforcement officials may assist the designated or authorized employees and all state law enforcement officials shall assist the designated or authorized employees upon request.

(2) Any vehicle carrying livestock in Missouri may be intercepted, stopped and detained for official inspection or inquiry of the health and proper certification of the health of the livestock being transported by authorized employees of the Department of Agriculture or authorized employees of the USDA. The rules set forth by 2 CSR 30-2.010 and 2 CSR 30-2.020 which govern the movement of livestock in and into the state will be enforced.

(3) Procedures to follow if violations of the animal disease control and eradication law or its corresponding rules are discovered.

(A) If the vehicle and livestock that it is carrying are from another state, and the livestock do not meet Missouri’s health requirements, the following shall be initiated:

1. The custodian of the livestock will be given the choice of leaving Missouri with the livestock; or 2. The custodian shall be informed that the livestock s/ he is hauling are in violation of Missouri’s laws or rules and a written order with a notice stating the reasons for the seizure and the rights of the owner shall be furnished to the custodian of the livestock. Copies will be mailed to the owner, if a person other than the custodian, by certified mail to the owner’s address as given by the custodian and the livestock will be seized and impounded at a prearranged designated area.

The custodian or owner has forty-eight (48) hours to prove or demonstrate these livestock meet Missouri’s livestock health requirements and if this is not determined within the fortyeight (48)-hour time limit, the livestock will be processed in a way that no infected or diseased-exposed livestock shall move except to slaughter or back to their origin.

(B) Within five (5) days after official notification of the order and notice, any person who objects or does not agree to an order of seizure and impoundment may appeal by filing with the director of the Department of Agriculture a petition which states in detail objections to the order. The director or authorized agent, within forty-eight (48) hours of the filing of the appeal, shall hold a hearing to determine the validity of the order and shall either affirm the order or release the livestock.

(C) If the livestock are not redeemed by the owner and no appeal is taken within five (5) days after seizure, the department may apply to the circuit court of any county in which the livestock are impounded. The department, under court order, shall sell the livestock for slaughter and deduct from the net proceeds all expenses of the department in connection with the seizure and impoundment of the livestock and remit the balance to the owner. Expenses shall cover all market expenses incurred where the livestock were impounded, such as stall or pen rent, care and feeding of the livestock, and testing and shipping of livestock.

(D) Any livestock seized and impounded may be redeemed by the owner and released to him/her by the department, provided that all these livestock have been tested, vaccinated or processed in a way that the health requirements required by Missouri have been met. In order to redeem this livestock, the owner shall pay all expenses including the care and feeding of the livestock and the expense of testing, vaccinating, processing livestock, or all of these, to make them qualify for the health requirements required by Missouri.

(E) Any person(s) or owner(s) who shall be notified to quarantine animals as provided in the animal health disease control and eradication law and who violates any of the provisions of those sections or official orders of quarantine shall be guilty of a Class A misdemeanor. This is applicable to those who shall violate provisions of the law regarding district or municipality quarantine.

History

• AUTHORITY: section 267.450, RSMo 1986. Original rule filed Feb. 7, 1984, effective June 12, 1984. Original authority: 267.450, RSMo 1939.

2 CSR 30-2.080 Pseudorabies Quar antine Requirements {#sec-2-csr-30-2.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.080}

PURPOSE: This rule establishes a method of control for animals exposed to or infected with pseudorabies.

(1) Definitions.

(A) Circle testing shall mean all swine units, including feedlots, within a two (2)-mile radius of the infected premises.

(B) Contact/adjacent herds shall mean herds sharing common premises, herds disclosed by epidemiological traces, herds within two (2) miles or herds containing purchases from or exchanges with quarantined infected herd.

(C) Herd shall mean all swine of any age under common ownership or supervision whether geographically separated or not.

(D) Individual herd plan shall mean a system for eliminating pseudorabies from the quarantine herd, written specifically for each herd and approved by the state veterinarian or his/her designee that minimizes spread to other herds and prevents reinfection after the herd has become free of pseudorabies.

The individual herd plan shall be developed by the owner, the owner’s veterinarian, and the district veterinarian.

(2) Requirements for Quarantine Release. Quarantine shall be released according to current State-Federal-Industry Program Standards.

(3) Individual Herd Cleanup Plan.

(A) An individual herd cleanup plan shall be developed with every producer who has a pseudorabies-infected herd.

(B) Minimum requirements of the individual herd cleanup plan are— 1. Test swine consistent with sound eradication principles;

2. Proper disposition of dead animals;

3. Complete epidemiological investigations. All contact/ adjacent exposed herds shall be investigated and tested (circle tested), either a complete test of all breeding swine or the test of an official random sample;

4. Animals to move only into slaughter channels or to approved quarantined feedlots; and 5. Progression towards elimination of the infection from the herd as determined by the state veterinarian or designee.

(C) The individual herd plan requirement shall be met except when the official pseudorabies epidemiologist, state veterinarian or designee authorizes modification of the plan consistent with sound eradication principles. Owners must provide for the handling of their swine and testing will be at owner’s expense.

Amended: Filed April 4, 1994, effective Sept. 30, 1994. Amended:

Filed Jan. 4, 1999, effective July 30, 1999.

History

• AUTHORITY: section 267.645, RSMo Supp. 1994. Original rule filed Nov. 15, 1988, effective March 26, 1989. Emergency amendment filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994.

2 CSR 30-2.090 Swine Quarantine Feedlot {#sec-2-csr-30-2.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-2.090}

(Rescinded July 30, 1999)

Amended: Filed Feb. 4, 1992, effective June 25, 1992. Rescinded:

Filed Jan. 4, 1999, effective July 30, 1999.

History

• AUTHORITY: section 267.645, RSMo 1986. Original rule filed Nov. 15, 1988, effective March 26, 1989. Emergency amendment filed July 25, 1990, effective Aug. 3, 1990, expired Nov. 22, 1990. Amended: Filed Sept. 17, 1990, effective March 14, 1991.

Chapter 3 Brucellosis

2 CSR 30-3.010 Qualifications and Eligibility Requirements on Brucellosis Indemnity Payments {#sec-2-csr-30-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-3.010}

PURPOSE: This rule explains in detail the conditions under which a cattle herd owner may collect indemnity payments for animals slaughtered because of brucellosis.

(1) Section 267.490, RSMo states that ìno indemnity shall be paid if, in the judgment of the state veterinarian, the animal does not qualify for indemnity or the owner is ineligible for payments.î Furthermore, the owner must be carrying on an approved brucellosis control program in his/her herd to be eligible for indemnity payments. The regulations clarify these statements as follows:

(A) Indemnity payments will not be paid on the following classes of livestock:

1. Any test-eligible animal that moved into Missouri without a negative blood test for brucellosis, or without an approved health certificate, permit, or both, when applicable, or in violation of any other health requirement for admission;

2. Any non-Missouri animal imported into the state that originated from a known infected or quarantined herd, or determined otherwise to be an exposed animal; and 3. Cattle owned by dealers and traders moving in trade channels within Missouri;

(B) In order to be eligible, any animal on which indemnity is requested must have been in Missouri for at least ninety (90) days and negative to an approved brucellosis test upon entry;

(C) Any animal on which an indemnity claim is made must be properly tagged and branded within fifteen (15) days of disclosure, sold for slaughter within fifteen (15) days of branding and proof of slaughter obtained from meat inspection. Home slaughter by the original owner for home consumption is allowed, but proof of slaughter must be supplied;

(D) Section 267.490, RSMo states that ìan owner must be carrying on an approved brucellosis control program in the herd.î The herd requirement would exclude dealers, traders, as any group of assembled cows would not constitute a herd. Also, an approved brucellosis control program would include complete herd test as opposed to partial herd tests, regular herd retest intervals and also cooperation in adopting proven disease control and eradication procedures by the owner. In herd depopulations, the owner accepts additional responsibilities including a requirement for complete herd depopulations, including all heifers, a cleaning and disinfecting (C&D) requirement of the premises and a requirement to test all herd replacements including valid test papers on all animals purchased in order to be eligible for indemnity; and (E) In herd depopulations, a written agreement outlining the requirements shall be signed by the owner and the chief regulatory official (state or federal) in the district in which the depopulation occurs. Authorization for the depopulation is to be approved by the state veterinarian and the amount of indemnity to be mutually agreed to prior to signing of the agreement.

Filed March 3, 1992, effective Sept. 6, 1992.

Amended: Filed Jan. 31, 1995, effective July 30, 1995. Amended: Filed Jan. 4, 1999, effective July 30, 1999. *Original authority: 267.475, RSMo 1955.

History

• AUTHORITY: section 267.475, RSMo 1994. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Dec. 14, 1976, effective April 11, 1977. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Amended:

2 CSR 30-3.020 Brucellosis Quarantine Requirements on Cattle {#sec-2-csr-30-3.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-3.020}

PURPOSE: This rule delineates the procedures for quarantine release of brucellosis infected herds.

(1) Definitions.

(A) Herd shall mean all cattle (genus Bos), bison, including calves under common ownership or supervision, whether geographically separated or not, except steers and spayed heifers.

(B) Whole Herd Vaccination. Vaccination of all female cattle except spayed heifers over eight (8) months of age with a brucellosis vaccine approved by the state veterinarian.

Such cattle shall be identified as official adult vaccinates by an adult vaccination tag and tattoo.

1. Heifer calves eight (8) months of age and under that are not spayed, are to be vaccinated with a brucellosis vaccine approved by the state veterinarian.

2. The testing of the herd may resume within thirty (30) days after vaccine is administered. The test schedule shall be consistent with the schedule used in non-vaccinated herds.

(C) Individual herd plans shall mean an approved brucellosis control program of the herd under quarantine for the purpose of eliminating brucellosis from the herd, preventing spread to other herds and preventing reintroduction after the herd has become free of brucellosis. The individual herd plan shall be developed by the herd owner, the ownerís veterinarian, if requested by the owner, and the district veterinarian. The individual herd plan shall be reviewed by the state veterinarian or his/her designated representative and must be adhered to in order to be eligible for indemnity payments.

(D) Contact/adjacent herds shall mean herds sharing common premises, herds within one (1) mile or epidemiologically traced herds.

(2) Requirements for Herd Quarantine Release.

(A) Complete Depopulation.

1. All reactors tagged and ìBî-branded, and slaughtered on a VS 1-27 shipping permit (see 2 CSR 30-2.010).

2. All other cattle ìSî-branded and slaughtered, or ìSî-branded and moved to a state-/federal-approved quarantined feedlot under permit except steers and spayed heifers.

(B) Minimum Requirements of the Individual Herd Plan.

1. Three (3) consecutive negative herd tests. All quarantined test-eligible cattle presented for test with the first test not fewer than thirty (30) days after removal of all reactors, the second test to be not fewer than one hundred twenty (120) days after removal of all reactors, the third negative test to be not fewer than three hundred (300) days after removal of all reactors. The herd owner is encouraged to test at more frequent intervals.

2. All calves in infected herds will remain under quarantine untiló A. Bull calves are castrated;

B. Heifers are spayed and identified by a hot iron brand on either jaw or official pink eartag or both;

C. Calves are ìSî-branded and tagged and shipped to a state-/federal-quarantined feedlot or to slaughter on permit;

D. Heifer calves on reactors not spayed may be tagged and branded, and slaughtered on permit with indemnity;

E. Bull calves not castrated must be isolated for at least one hundred twenty (120) days and tested negative; and F. Heifer calves from negative cows not spayed must be isolated, and tested, and negative between fifteen and forty-five (15ó 45) days after first calving.

MATTBLUNT(9/30/04)

Chapter 3óBrucellosis2 CSR 30-3 3. All contact/adjacent exposed herds shall be placed under quarantine within fifteen (15) days for a complete herd test and may involve testing up to the level of a quarantined herd. Contact/adjacent herds shall be tested within one hundred twenty (120) days after the affected herd is released from quarantine.

4. Individual herd management plan requirements shall be met except when a designated brucellosis epidemiologist authorizes the modifications of the plan consistent with sound brucellosis eradication principles.

Testing, tagging and branding may be rendered without expense to the owner, however, owners are to provide for handling of their cattle.

Amended: Filed March 5, 2004, effective Oct. 30, 2004. *Original authority: 267.645, RSMo 1955, amended 1993.

4CODE OF STATE REGULATIONS

(9/30/04) MATTBLUNT 2 CSR 30-3óDEPARTMENT OF AGRICULTUREDivision 30óAnimal Health

History

• AUTHORITY: section 267.645, RSMo 2000. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Aug. 8, 1980, effective Nov. 14, 1980. Rescinded and readopted: Filed Dec. 2, 1985, effective March 14, 1986. Amended: Filed Jan. 31, 1995, effective July 30, 1995. Emergency amendment filed March 5, 2004, effective March 15, 2004, expired Aug. 27, 2004.

Chapter 4 Garbage Feedlots

2 CSR 30-4.010 Garbage Cooking and Feeding {#sec-2-csr-30-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-4.010}

PURPOSE: This rule prohibits feeding of raw garbage to swine. The rule also defines the procedures for cooking of raw garbage and the conditions under which cooked garbage may be fed to swine. Also defined are the requirements to license a garbage feedlot, the fee to be paid and quarantine restrictions on garbage fed hogs.

(1) It shall be unlawful for any person, firm, partnership or corporation, except an individual who feeds to his/her own swine only the garbage obtained from his/her household, to feed garbage including all waste material, byproducts of a kitchen, restaurant or slaughter house, every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, to swine unless that garbage has been heated to a temperature of two hundred twelve degrees Fahrenheit (212° F) for thirty (30) minutes.

(2) Before any person shall engage in the feeding of garbage, other than garbage obtained from his/her own household, to swine located in Missouri, an annual permit must be obtained from the Missouri Department of Agriculture.

(A) Application blanks for permits may be obtained upon request from the Missouri Department of Agriculture. An annual fee of twenty-five dollars ($25) shall be charged for each permit and is valid July 1 through June 30 of each year.

(B) Upon receipt of the application and license fee, a member of the Department of Agriculture promptly shall make an inspection of the equipment and premises and if found in compliance with the law and this

rule, a permit shall be issued for a period of one (1) year.

(3) The cooking process shall be by one (1) or more of the following methods: wet steaming or boiling in open vat, dry steaming or boiling in a jacketed kettle, steaming in a pressure cylinder, steam boilers, or direct heating over open fire.

(4) Accurate, approved type recording thermometers shall be used regardless of the manner of cooking.

(A) Daily cooking records are to be kept for a period of ninety (90) days.

(B) Recording thermometer charts shall have been maintained and stored properly, and available at all times to a representative of the Missouri Department of Agriculture or the United States Department of Agriculture.

(5) The location, arrangement and relationship of garbage cooking, dumping and feeding facilities shall be such as to eliminate any possibility of contamination with raw garbage of any pen, lot or other enclosure in which swine are or may be kept. The final decision to be made by an inspector representing the Missouri Department of Agriculture.

(A) Garbage shall be fed to swine on feeding platforms and troughs constructed of concrete or other impervious materials. Premises must be free of accumulations of unused garbage, waste materials or manure.

Approved rat and fly control measures must be practiced at all times as a further means of preventing the spread of disease.

(B) All feeding platforms and troughs, trucks and equipment shall be maintained in a sanitary condition at all times. Adequate water supply shall be available for maintenance of equipment in a sanitary condition.

(6) Trucks, railroad cars or other vehicles transporting swine from garbage feedlots within a quarantined area shall be cleaned thoroughly and disinfected immediately after discharging swine and before using the truck, railroad car or other vehicle for any other

purpose and a certificate of inspection issued by the deputy state veterinarian representative of the Missouri Department of Agriculture or the United States Department of Agriculture; and the certificate of inspection shall accompany the truck, railroad car or other vehicle at all times. Cleaning and disinfection under supervision shall be required of all trucks, railroad cars and vehicles when deemed necessary by the Missouri Department of Agriculture or the United States Department of Agriculture. All trucks, vehicles and containers used for the transportation of raw garbage to cooking plants shall be constructed of, or lined with, impervious material which does not permit the escape of any fragments of garbage or of liquids and the garbage shall be covered in an acceptable and approved manner.

(7) Any authorized representative of the Missouri Department of Agriculture or the United States Department of Agriculture shall have the power to enter, at reasonable times, upon any private or public property, regardless as to whether the owner or feeder is a holder of a garbage cooking permit as defined in this rule or not, where garbage is being fed for the purpose of inspection and investigating conditions relating to the feeding of garbage. An authorized representative of the Missouri Department of Agriculture or of the United States Department of Agriculture may examine any records or memoranda pertaining to the feeding or cooking of garbage fed to swine. Records shall be maintained of all purchases and sales of swine and the names and addresses of owners of trucks hauling swine into and from the garbage premises shall be available at all times.

(8) No garbage-fed swine shall be moved from any feedlot in the state except on permit issued by a representative of the Missouri Department of Agriculture or of the United States Department of Agriculture. This permit need not be presented to anyone except a representative of the Missouri Department of Agriculture, the United States Department of Agriculture, a member of the Missouri Highway Patrol or the county sheriff.

(A) Swine which have been fed raw garbage shall be quarantined promptly to the premises until moved to slaughter on permit issued by a representative of the Missouri Department of Agriculture or a representative of the United States Department of Agriculture.

(B) Swine described in subsection (8)(A) of this rule shall not qualify for a slaughter permit for at least thirty (30) days from the date of last feeding of raw and/or inadequately cooked garbage and then only when a competent veterinarian, representing the Missouri Department of Agriculture or the United States Department of Agriculture, has inspected the swine and certifies that the swine are apparently free of any evidence of vesicular exanthema.

(C) Swine, described in subsection (8)(A) of this rule, which have been fed raw garbage or inadequately cooked garbage, may not enter a stockyards market which is under federal inspection or directly into slaughtering establishments which are under federal inspection nor may move interstate as required by regulations of the United States Department of Agriculture.

(D) Swine which have been fed raw garbage or inadequately cooked garbage shall be quarantined immediately and shall be identified promptly and marked permanently under the supervision of a representative of the Missouri Department of Agriculture or the United States Department of Agriculture by means of an identification eartag approved by the department securely placed in the right ear of each head of swine and by means of diamond shaped ear punch mark placed in the left ear of each head of swine so quarantined.

Rebecca McDowell Cook (6/30/99)

(9) No raw garbage shall be moved into or from Missouri except upon special permit from and under the supervision of the Missouri Department of Agriculture. No person shall, and the owner or feeder of swine shall not, permit any raw garbage to be brought upon the premises where swine are fed or quartered, unless the raw garbage is from the household, and the household only, of the owner or feeder.

(10) No indemnity will be paid for swine affected with vesicular exanthema that have been fed garbage in violation of this act or this regulation. Indemnities will not be paid for swine affected with vesicular exanthema unless garbage cooking facilities are equipped with an approved type recording thermometer and provided that charts show no evidence of tampering during the cooking process.

Op. Atty. Gen. No. 74, Missouri State Penitentiary, 6-19-53. Missouri State Penitentiary is not required to cook the garbage fed to swine owned by the state and fed on the state penitentiary farms under House Bill No. 60 of the 67th General Assembly (now covered by 2 CSR 30-4.010).

Op. Atty. Gen. No. 77, Rosner, 8-19-53. 1)

A college which serves food to students in substantial numbers on a commercial basis, in dining rooms of the college and feeds the garbage from such dining rooms and kitchens to swine, are required to cook the garbage before feeding. 2) A nursing home, which furnishes to elderly people, invalids and convalescents, living quarters, nursing services and food on a commercial basis and who feed the garbage to swine, are required to cook garbage before feeding.

4CODE OF STATE REGULATIONS

(6/30/99) Rebecca McDowell Cook

History

• AUTHORITY: section 266.420, RSMo 1994. Original rule filed May 28, 1956, effective June 7, 1956. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Original authority 266.420, RSMo 1953.

Chapter 5 Livestock Markets

2 CSR 30-5.010 Duties and the Facilities of the Market Veterinarian 2 CSR 30-5.020Procedures for Handling of Test-Eligible Cattle at Livestock Markets AGRICULTURE {#sec-2-csr-30-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-5.010}

2 CSR 30-5.010 Duties and the Facilities of the Market Veterinarian {#sec-2-csr-30-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-5.010}

(Rescinded April 29, 1991)

Original rule filed Jan. 24, 1975, effective Feb. 3, 1975. Rescinded and readopted: Filed Oct. 15, 1984, effective March 11, 1985.

Emergency amendment filed March 12, 1985, effective March 22, 1985, expired July 20, 1985. Emergency amendment filed July 19, 1985, effective July 29, 1985, expired Nov. 26, 1985. Amended: Filed July 19, 1985, effective Oct. 11, 1985. Emergency rescission filed Dec. 14, 1990, effective Dec. 24, 1990, expired April 22, 1990. Rescinded: FIled Dec. 18, 1990, effective April 29, 1991.

History

• AUTHORITY: section 277.100, RSMo 1986.

2 CSR 30-5.020 Procedures for Handling of Test-Eligible Cattle at Livestock Markets {#sec-2-csr-30-5.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-5.020}

(Rescinded April 29, 1991)

Original rule filed Aug. 13, 1979, effective Nov. 11, 1979. Emergency rescission filed Dec. 14, 1990, effective Dec. 24, 1990, expired April 22, 1990. Rescinded: Filed Dec. 18, 1990, effective April 29, 1991.

MATTBLUNT(4/30/01)

History

• AUTHORITY: section 277.100, RSMo 1986.

Chapter 6 Livestock Markets

2 CSR 30-6.010 Provisions for Registration and Recordkeeping of Livestock Dealers {#sec-2-csr-30-6.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-6.010}

(Moved to 2 CSR 30-7.010)

2 CSR 30-6.015 Requirements and Responsibilities of Market Licensees {#sec-2-csr-30-6.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-6.015}

PURPOSE: This rule defines the requirements and responsibilities of livestock market owners and operators.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Terms defined in section 277.020, RSMo are incorporated by reference for use in this

rule.

(2) As used in this chapter, unless the context clearly says otherwise, the following terms shall mean:

(A) Livestock—Cattle, swine, sheep, goats, poultry, ratite birds including but not limited to ostrich and emu, elk, equine, and exotic animals;

(B) Livestock market—A place of business or a place where livestock is concentrated for sale, exchange or trade at regular or irregular intervals, whether at auction or not. This definition exempts public farm sales, purebred livestock sales, or any sale, transfer, or exchange of livestock from one (1) person to another person for movement or transfer to another farm premises or directly to a licensed market;

(C) Livestock sale—The business of mediating for a commission or otherwise, the sale, purchase, or exchange transaction of livestock, whether or not at a livestock market.

However, the term livestock sale shall not apply to order buyers, livestock dealers or other persons acting directly as a buying agent for any third party;

(D) Official identification—as defined by Title 9, Code of Federal Regulations, Part 71, published annually in January, herein incorporated by reference and made a part of this

rule, as published by the United States Superintendent of Documents, 732 N Capital Street 1800, website: http://bookstore.gpo.gov, or any other means of individual identification approved by the state veterinarian. This rule does not incorporate any subsequent amendments or additions.

(E) Person—Individuals, partnerships, corporations and associations; and (F) State veterinarian—The state veterinarian of the Missouri Department of Agriculture.

(3) Any person engaged in establishing or operating a livestock sale or market shall file with the state veterinarian an application and be granted a license to transact business prior to opening.

(4) An annual license fee of seventy-five dollars ($75) must accompany all applications.

This license shall entitle the applicant to conduct business for one (1) calendar year, January through December. The state veterinarian must receive all completed renewal applications and fees by December 1 for the next calendar year. All licensees defined in

Chapter 277, RSMo shall publicly post the license issued by the state veterinarian at the place of business. The license shall be displayed for inspection by any person.

(5) All markets/sales licensed under the laws of Missouri must present to the department, no later than April 15 following the end of the year, their sales volumes for the preceding business year.

(6) Bonding Requirements. Every person subject to the provisions of Chapter 277, RSMo shall provide proof of a satisfactory bond in the amount specified by the USDA Packers and Stockyards Administration or the state veterinarian before receiving a license.

In lieu of any bond, persons may substitute any instrument of financial security approved by the USDA Packers and Stockyards Administration. All surety coverage for licensees must be in accordance with 2 CSR 30-6.030.

(7) All licensees defined in Chapter 277, RSMo, must secure veterinary inspection of all livestock offered for sale at any livestock sale or market. A licensed, accredited veterinarian approved by the state veterinarian must inspect all livestock, perform all required testing of livestock for disease, identify individuals by official identification, and forward required information (age, gender, breed, official eartag and backtag, owner contact information/ticket number) in an approved format to the state veterinarian. No person shall remove or tamper with, or cause the removal of or tampering with, an official eartag or backtag or other identification device required to move animals interstate, intrastate, or through a livestock market/sale.

No person shall cause livestock to be removed from any livestock market/sale until that livestock has met all the requirements of Missouri or the state of destination, whichever applies.

(A) All assignments, replacements, and removals of veterinarians as market/sale veterinarians must have prior approval of the state veterinarian in accordance with section 277.100, RSMo.

(B) Upon approval of the state veterinarian, the market/sale veterinarian must sign a Market Veterinarian Agreement form MO 350-0488 provided by the Missouri Department of Agriculture. The licensee also must sign the form. The market/sale veterinarian shall keep one (1) copy of the agreement, the licensee one (1) copy and one (1) copy shall be forwarded to the state veterinarian’s office.

(8) Facilities provided by the livestock market/sale for the market/sale veterinarian shall include— (A) Office and laboratory area to allow ample work space and room for a work table, desk, chair, lamp, and one (1) file cabinet;

(B) Heat, light, and ventilation to properly perform required diagnostic tests;

(C) Livestock handling facilities with livestock collecting pens, runways, and a catching chute to confine and restrain animals for completion of required testing and/or official identification (eartag and backtag) requirements; and (D) A laboratory area with a sink, hot and cold running water, and a floor of an impervious material which allows cleaning and disinfection. Electrical outlets must be available and convenient to enable the use of equipment such as centrifuges, branding irons, and electrical heaters.

(9) Failure of the licensee to aid the market/sale veterinarian in executing all laws and regulations governing the sale and movement of livestock may result in removal of the license to conduct sales.

(10) Structurally safe and sanitary conditions must be maintained on yards, pens, chutes, alleys, and other facilities and premises used in connection with livestock by the person(s) in possession of the facilities and premises.

These facilities are subject to inspection by USDA Veterinary Services or state Animal Health personnel.

(11) All licensees defined in Chapter 277, RSMo, must present upon request to a duly authorized representative of the Division of Animal Health records of any livestock sale or transaction. Failure to do so may result in the suspension or revocation of the market/sale license, a civil penalty of up to one thousand dollars ($1,000) for each violation, or both.

(12) Violations at Markets/Sales. Failure either to comply with the laws of Missouri and the rules of the Missouri Department of Agriculture or to fulfill the requirements and responsibilities as specified in this rule can result in a suspension or revocation of the market/sale license, fines of up to one thousand dollars ($1,000) per violation, or both.

Amended: Filed Jan. 4, 1999, effective July 30, 1999. Amended: Filed June 12, 2009, effective Jan. 30, 2010.

History

• AUTHORITY: section 277.160, RSMo 2000. Original rule filed June 15, 1990, effective Dec. 31, 1990. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Amended: Filed March 3, 1992, effective Sept. 6, 1992.

2 CSR 30-6.020 Duties and Facilities of the Market/Sale Veterinarian {#sec-2-csr-30-6.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-6.020}

PURPOSE: Under section 277.100, RSMo, this rule outlines the basic duties and responsibilities of the veterinarian under contract with a licensed livestock market/sale or sale to inspect all livestock offered for sale.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Assignment and Approval of Market/Sale Veterinarians.

(A) All assignments, replacements, and removals of licensed, accredited veterinarians as market/sale veterinarians must have prior approval of the state veterinarian.

(B) Upon approval of the state veterinarian, the market/sale veterinarian must sign a Market/Sale Veterinarian Agreement form MO 350-0488 provided by the Missouri Department of Agriculture. This form states the veterinary responsibilities at livestock markets/sales. The licensee must also sign the form. The market/sale veterinarian shall keep one (1) copy of the agreement, the licensee one (1) copy and one (1) copy shall be forwarded to the state veterinarian’s office.

(C) Neglect of duty or misconduct by the market/sale veterinarian shall be cause for removal and replacement.

(D) Failure of the licensee to aid the market/sale veterinarian in executing all laws and rules governing the sale and movement of livestock may result in removal of the license to conduct sales.

(2) Duties and Responsibilities of the Market/Sale Veterinarian. The market/sale veterinarian shall— (A) Collect required blood samples from all test-eligible animals consigned to the market/sale and submit those samples to the Cooperative State and Federal Veterinary Diagnostic Laboratory in Jefferson City for testing required by the Animal Health laws and rules pertaining to disease control;

(B) Inspect livestock markets/sales for cleanliness, good repair, and proper disinfection of certain areas possibly contaminated by diseased livestock;

(C) Inspect all livestock visually and, if necessary, perform further diagnostic procedures to determine the health status. No livestock shall be released from a licensed Missouri livestock market/sale by the market/sale veterinarian until the livestock have been officially identified, tested, and treated as required by Animal Health laws and rules pertaining to the movement of livestock. The market/sale veterinarian shall forward required information (age, gender, breed, official eartag and backtag, owner contact information/ticket number) in an approved format to the state veterinarian; and (D) The market veterinarian is authorized to render judgement on any animal determined to be sick or suffering from a noninfectious or infectious disease upon admittance to the livestock market. The animal(s) will be— 1. Returned to the farm of origin with or without a quarantine, depending on the seriousness of the disease or illness;

2. Condemned, isolated, and later destroyed or properly disposed of in a timely manner; or 3. Isolated and, if allowed to sell, an announcement must be made at the time of sale about the problem the animal is suffering (for example, bloat, cancer eye, foot rot).

(3) Cattle, Bison, and Exotic Bovids.

(A) Animal Identification. All animals eighteen (18) months of age and older shall be identified by eartag and backtag. No person shall remove or tamper with or cause the removal of or tampering with an official eartag or backtag or other identification devices required to move animals interstate, intrastate, or through a livestock market/sale.

1. If color-coded bangle tags are used to indicate state of pregnancy, they shall be applied as follows:

A. Blue—first trimester—one through three (1–3) months pregnant;

B. Red—second trimester—four through six (4–6) months pregnant;

C. Green—third trimester—seven through nine (7–9) months pregnant;

D. Yellow—open—not pregnant; and E. White—not examined for pregnancy status.

2. Proper procedure for determining the age of cattle is— A. Eighteen (18) months—absence of the central deciduous (baby) incisors;

B. Two (2) years—the presence of the first pair of fully erupted permanent incisor teeth;

C. Two and one-half (2 ½) years—the appearance of the second pair of permanent incisor teeth;

D. Eruption, spread, and wear of incisor teeth may be used to determine age;

E. The age of the animal will be shown on the official bangle tag or displayed on the animal in a manner easily visible to the buyer.

(B) Brucellosis Requirements.

1. An official bangle tag may serve as identification for a health certificate for intrastate movement, provided the following information is shown on the tag:

A. Date of test;

B. Complete official eartag number;

C. Age of the animal; and D. State code letters of the testing veterinarian.

(C) Tuberculosis Requirements.

1. All test-eligible (those animals over two (2) months of age) animals must be individually identified by official eartag as defined by Title 9, Code of Federal Regula tions, Part 4CODE OF STATE REGULATIONS 71, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov, individual brand, registration tattoo, or any other means approved by the state veterinarian and listed on the Certificate of Veterinary Inspection. This rule does not incorporate any subsequent amendments or additions.

2. Beef cattle.

A. All classes of beef cattle (including exotic bovids and bison) two (2) months of age and older, both breeding and feeding, entering Missouri to a licensed market from a state having a tuberculosis-free status may enter without additional testing requirements, entry permit, or Certificate of Veterinary Inspection.

B. All classes of beef cattle two (2) months of age and older, both breeding and feeding, prior to entering Missouri to a licensed livestock market from a state having a tuberculosis status less than free must meet the following requirements:

(I) Must obtain an entry permit;

(II) Must have a negative tuberculosis test within sixty (60) days of shipment, test date must be listed on the Certificate of Veterinary Inspection; or (III) Move from an accredited tuberculosis-free herd (herd number and current herd test date must be listed on the Certificate of Veterinary Inspection); or (IV) Move directly from a herd of origin that has one (1) complete negative herd test within one (1) year (date of test must be listed on the Certificate of Veterinary Inspection).

3. Dairy cattle.

A. All classes of dairy cattle two (2) months of age and older, both breeding and feeding, prior to entering Missouri to a licensed market must meet the following requirements:

(I) Must obtain an entry permit;

(II) Must have a negative tuberculosis test within sixty (60) days of shipment (test date must be listed on the Certificate of Veterinary Inspection); or (III) Move from an accredited tuberculosis-free herd (herd number and current herd test date must be listed on the Certificate of Veterinary Inspection); or (IV) Move directly from a herd of origin that has one (1) complete negative herd test within one (1) year (date of test must be listed on the Certificate of Veterinary Inspection).

(D) Trichomoniasis Requirements.

1. All breeding bulls (excluding bison and exotic bovines) prior to entering a licensed livestock market/sale shall be— A. Virgin bulls not more than twentyfour (24) months of age as determined by the presence of both permanent central incisor teeth in wear or by breed registry papers; or B. Tested negative for Trichomoniasis with an official culture test or official Polymerase Chain Reaction (PCR) test by an official laboratory within sixty (60) days prior to entry into the state.

(I) Bulls shall be tested three (3) times, not less than one (1) week apart, by an official culture test or one (1) time by official PCR test prior to entering Missouri.

(II) Bulls that have had contact with female cattle subsequent to testing must be retested prior to entry.

(III) Bulls tested at the market must be quarantined at the farm of destination or livestock market pending negative test results.

If test results are positive, the positive animals and cohorts will be quarantined.

2. If the breeding bulls are virgin bulls, less than twenty-four (24) months of age, they shall be— A. Individually identified by official identification; and B. Accompanied by a breeder’s certificate or statement of virgin status signed by the breeder or his representative attesting that they are virgin bulls.

C. The official identification number shall be written on the breeder’s certificate.

3. Non-virgin or bulls twenty-four (24) months of age or older must be Trichomoniasis tested with three (3) official cultures or one (1) official PCR test. Bulls may be quarantined at farm pending test results. If test results are positive, the positive animal and cohorts will be placed under quarantine.

4. A Certificate of Veterinary Inspection listing official identification and test performed, date of test, results, and laboratory, if testing is required.

5. Bulls going directly to slaughter are exempt from Trichomoniasis testing.

(4) Swine.

(A) Swine that arrive at a licensed Missouri market/sale are classified as follows:

1. Commercial swine—swine that are continuously managed and have adequate facilities and practices to prevent exposure to feral swine;

2. Feral swine—swine that are free roaming or Russian and/or Eurasian that are confined. This includes javelenas and peccaries; and 3. Transitional swine—swine raised on dirt or that have reasonable opportunities to be exposed to feral swine.

(B) All swine (except slaughter swine) presented to a licensed Missouri livestock market/sale must be individually identified by official eartag as defined by Title 9, Code of Federal Regulations, Part 71, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512- 1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov, tattooed, backtagged, or identified by any other means of permanent identification approved by the state veterinarian, veterinarian inspected for signs of infectious or contagious disease, and must be identified to the farm of origin. This

rule does not incorporate any subsequent amendments or additions. The market/sale must keep these records for one (1) year. All sows and boars sold for slaughter are to be individually identified (official eartag, tattooed, or backtagged, or identified by any approved by the state veterinarian), at the first point of concentration.

(C) Market-to-market movement of swine into and within Missouri is prohibited, except to slaughter-swine-only markets/sales.

(D) All commercial swine bought at a market/sale consigned to a farm or premises will be quarantined to the point of destination for a minimum of thirty (30) days.

(E) Swine offered for sale that fail to pass veterinary inspection due to sickness or signs of infection with a contagious, infectious, or communicable disease shall either— 1. Return to the farm of origin under quarantine. Quarantined animals not amenable to treatment shall remain under quarantine until released for slaughter; or 2. Go directly to slaughter. Animals sold for slaughter must be identified and shipped on a VS Form 1-27 shipping permit.

(F) All breeding swine (regardless of age) that arrive at a licensed Missouri livestock market/sale must originate from a validated brucellosis-free state or validated brucellosisfree herd and a state classified as stage V in the National Pseudorabies (PRV) Eradication Plan or from a qualified negative pseudorabies-free herd.

(G) Movement Other than Commercial Swine.

1. Feral (including Eurasian, Russian, javalenas, and peccaries) swine may only move from a farm of origin directly to an 6CODE OF STATE REGULATIONS approved slaughter or to an approved slaughter-only market.

2. Transitional swine may move only to a licensed market/sale or to slaughter.

A. Feeder pigs from transitional swine herds may move from farm of origin to a market to be inspected and officially identified by official eartag and then moved from the market under quarantine to be finished for slaughter.

(5) Equidae(Including Exotic Equine, Donkeys, Asses, Burros, and Zebras).

(A) Veterinary inspection is required on all equidae before sale.

(B) All equidae presented at any licensed market/sale for the purpose of change of ownership, not having proof of an official negative Equine Infectious Anemia (EIA) test within the previous twelve (12) months, shall have blood samples for EIA testing collected before the sale at the seller’s expense.

1. In a licensed livestock market/sale where the veterinarian has an approved EIA testing laboratory, EIA tests will be run prior to the sale. Test positive suspect equids will be identified by microchip and returned to the owner’s premises under quarantine and isolated at least two hundred (200) yards from any other equidaepending test confirmation, or the owner may sell that animal directly to slaughter accompanied by a VS Form 1-27 shipping permit.

2. In markets where on-site EIA testing is not available, the equids will sell test-pending, identified as such by a red hip tag (furnished by the Missouri Department of Agriculture) recorded on an Equine Sales & Test Record form (MO 350-1138) and sold under quarantine to the buyer. This quarantine restricts the buyer from taking the equids out of Missouri and from another change of ownership until the test results are received.

(C) Equidaepresented with current, negative EIA test chart (VS Form 10-11 or any officially recognized federal/state EIA test chart) will be sold with a white hip tag (furnished by the Missouri Department of Agriculture) and recorded on an Equine Sales & Test Record form (MO 350-1138). The seller must present an original EIA test chart; no photocopies or facsimiles will be accepted.

The EIA test must have been done within the previous twelve (12) months, and the VS Form 10-11, or any officially recognized federal/state EIA test chart, must be accurately completed, showing graphic descriptions of all markings needed for identification or imprinted photograph on any officially recognized federal/state EIA test chart. Verification of each animal to the EIA test chart shall be the responsibility of the market veterinarian. If in the opinion of the market veterinarian the information shown on the EIA test chart does not match the animal presented or the test chart has been altered, the market veterinarian shall confiscate the form, mark the document “invalid,” and the animal(s) will be tested at the seller’s expense prior to the sale.

(D) No equidaewill be released from any licensed market/sale without a current, negative EIA test; a test-pending quarantine, or released on a VS Form 1-27 shipping permit returning to the seller’s premises. One copy of all quarantines and Equine Sales & Test Record forms (MO 350-1138) completed for each sale will be sent to the state veterinarian’s office in a format approved by the state veterinarian.

(E) All EIA positive animals presented for sale to slaughter at a licensed market/sale must be accompanied by a VS Form 1-27 shipping permit signed by state or federal regulatory personnel authorizing the move.

All EIA positive animals shall be segregated at least two hundred (200) yards from any other equidaeand not sold in the auction ring. The market veterinarian shall verify the animals’ permanent identification (freezebrand or electronic microchip) shown on the form and issue a new VS Form 1-27 consigning the animal to a federally approved slaughter facility. No EIA positive animal shall be moved from a licensed livestock market/sale without being permanently identified and consigned to slaughter on a VS Form 1-27.

(F) Alteration or substitution of any information on any VS Form 10-11 or certificate of veterinary inspection shall cause the document to be invalid and in violations of sections 267.010 to 267.730, RSMo and may result in civil penalties not to exceed ten thousand dollars ($10,000) per violation.

(6) Sheep and Goats (Including Exotic Sheep, Goats, and Antelopes).

(A) Veterinary inspection is required on all sheep and goats prior to sale.

(B) Sheep and goats (including exotic sheep, goats, and antelopes) regardless of age or gender must be individually identified by an official scrapie eartag as defined in Title 9, Code of Federal Regulations, Part 79, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street 1800, website: http://bookstore.gpo.gov for sheep and goats or electronic implant for goats only identifying them to the flock or herd of origin or any other means of permanent identification approved by the state veterinarian. This rule does not incorporate any subsequent amendments or additions.

(C) Sheep and goats that come into the market without official identification must have official identification applied at the market prior to commingling with other animals, and prior to sale.

(D) Any official identification that is applied by the market veterinarian or market personnel must maintain the following records:

1. The date tagged;

2. The number of sheep and goats identified (including exotic sheep, goats, and antelopes);

3. The serial numbers applied;

4. The name and address of the owner of the flock of origin;

5. If the person who currently owns the animals is different from the owner of the flock or herd of origin or birth, the current owner’s name and address and the owner of the flock or herd of origin, if known;

6. If the owner of the flock of birth is different from the owner of the flock of origin, and if the animals were born after January 1, 2002, the name and address of the owner of the flock of birth, if known; and 7. All records of official identification must be maintained for five (5) years.

(7) Poultry and Waterfowl.

(A) Out-of-state live poultry (except those consigned directly to slaughter) shall be accompanied by an official Certificate of Veterinary Inspection or a VS Form 9-3 (see 2 CSR 30-2.040). If a VS Form 9-3 is used, a signed and dated owner/shipper statement must be included stating that, to his/her best knowledge, the birds are healthy. Poultry known to be infected with pullorum or typhoid that are consigned directly to slaughter must be identified as such by the consignor.

(B) Out-of-state live poultry entering Missouri must be tested negative for pullorumtyphoid within the past ninety (90) days or originate from a flock approved by the National Poultry Improvement Plan (NPIP) or an equivalent program which has been tested within the past twelve (12) months with no change of ownership.

(C) All hatching eggs must be accompanied by an official Certificate of Veterinary Inspection certifying the eggs to be from pullorum-free flocks or by a VS Form 9-3.

(D) Out-of-state poultry and hatching eggs moving through a Missouri livestock market/sale require an entry permit prior to shipment. Annual entry permits shall be issued by the department to participants in the NPIP or an equivalent program. Producers not approved by NPIP or an equivalent program must request a permit with each shipment.

(8) Captive Cervids.

(A) Captive cervids, including but not limited to, elk, elk-hybrids, red deer, roe deer, white-tailed deer, mule deer, sika deer, moose, reindeer, mutjac, and fallow deer, that are bartered, exchanged, gifted, leased, or sold that arrive at any licensed Missouri livestock market/sale must meet the following requirements:

1. Captive or farm cervids, regardless of age, must be veterinary inspected, individually identified by official eartag as defined in Title 9, Code of Federal Regulations, Part 71, published annually in January, herein incorporated by reference and made a part of this

rule, as published by the United States Superintendent of Documents, 732 N Capital Street 1800, website: http://bookstore.gpo.gov, or approved by the state veterinarian. This rule does not incorporate any subsequent amendments or additions.

2. An entry permit is required.

(B) Brucellosis Requirements.

1. All sexually intact animals six (6) months of age and over not in a status herd or under quarantine for brucellosis must test negative for brucellosis within ninety (90) days prior to arrival at a Missouri livestock market/sale except— A. Brucellosis-free herd—captive cervids originating from certified brucellosisfree herds may move through a Missouri livestock market/sale on herd status without additional testing provided the certified herd number and current herd test date is listed on the Certificate of Veterinary Inspection;

B. Brucellosis-monitored herd—all sexually intact animals six (6) months of age and older must test negative for burcellosis within ninety (90) days prior to arrival at a Missouri livestock market/sale.

(C) Tuberculosis Requirements.

1. Captive cervids less than six (6) months of age, not known to be affected with or exposed to tuberculosis and not in a status herd, must have one (1) negative tuberculosis test, not less than ninety (90) days prior to arrival at a livestock market/sale in Missouri, using the single cervical method. The negative test date must be listed on the Certificate of Veterinary Inspection. Captive cervids must have been isolated from other captive cervids during the testing period.

2. Captive cervids, six (6) months of age and older, not known to be affected with, or exposed to, tuberculosis and not in a status herd, must have two (2) negative tuberculosis tests, not less than ninety (90) days apart, using the single cervical method. The second test must be within ninety (90) days prior to arrival at a Missouri livestock market/sale.

Both negative test dates must be listed on the Certificate of Veterinary Inspection. Captive cervids must have been isolated from other captive cervids during the testing period.

3. Movement from tuberculosis status herds.

A. Accredited herd—captive cervids originating from accredited tuberculosis-free cervid herd may move through a market/sale on herd status without additional testing provided the accredited herd number and original anniversary date is listed on the Certificate of Veterinary Inspection.

B. Qualified herd—captive cervids originating from a qualified herd must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to arrival at the market/sale.

C. Monitored herd—captive cervids originating from a monitored herd must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to arrival at the market/sale.

D. Captive cervids less than twelve (12) months of age that originate from and were born in qualified or monitored herds may move through a market/sale without further tuberculosis testing, provided that they are accompanied by a Certificate of Veterinary Inspection showing official individual identification (official eartag or any other means of permanent identification approved by the state veterinarian) stating that such captive cervids originated from such herds and have not been exposed to captive cervids from a lower status herd.

(D) Chronic Wasting Disease.

1. Captive cervids will not be allowed to move through a livestock market/sale if, within the last five (5) years, the animals— A. Originate from an area or has been in an area that has been reported as a Chronic Wasting Disease (CWD) endemic area; or B. Originate from a CWD positive captive herd.

2. Elk, elk-hybrids, red deer, roe deer, sika deer, white-tailed deer, mule deer, and moose twelve (12) months of age must be enrolled in a CWD program for at least five (5) years prior to moving through a Missouri livestock market/sale. Other cervids, including, but not limited to, reindeer, mutjac, and fallow deer, must have participated in a surveillance program recognized by the stateof-origin prior to arrival at a Missouri livestock market/sale. Original anniversary date must be listed on the Certificate of Veterinary Inspection.

3. Captive cervids moving between publicly-owned Association of Zoos and Aquariums (AZA)-accredited zoos must meet the CWD surveillance program requirements.

(9) Camelids, Alpacas, Camels, and Llamas.

Alpacas, camels, llamas, and others of that group exchanged, bartered, sold, leased, or relinquished at a licensed livestock market/sale in Missouri must be veterinarian inspected, accompanied by a Certificate of Veterinary Inspection showing an individual listing of the common and scientific name(s) of the animal(s) and appropriate description of animal(s) such as sex, age, weight, and coloration, and must be individually identified by an official eartag as defined in Title 9, Code of Federal Regulations, Part 71, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website http://bookstore.gpo.gov, microchip, or other method approved by the state veterinarian. This rule does not incor porate any subsequent amendments or additions.

(10)

Ratites (Including, But Not Limited to, Ostrich, Rheas, and Emus). All ratites must be veterinarian inspected, individually identified by official identification (leg band, microchip, wing band, legible tattoo, or any approved by the state veterinarian), and listed on a Certificate of Veterinary Inspection. In addition, ratites entering Missouri for sale at a licensed livestock/market must obtain an entry permit.

(11)Miscellaneous and Exotic Animals. All exotic animals presented for exchange, barter, lease, or sale at a licensed livestock market/sale must be veterinarian inspected, individually identified by official identification (official eartag, brand, tattoo, or any other means of permanent identification approved by the state veterinarian), and accompanied by an official Certificate of Veterinary Inspection showing an individual listing of the common and scientific name(s) of the animal(s) and appropriate descriptions of animal(s) such as sex, age, weight, and coloration.

(A) Elephants (Asiatic, African) must be tested negative for tuberculosis within one (1) year prior to movement; test results must be noted on the Certificate of Veterinary Inspection.

(B) Importation of skunks and raccoons into Missouri is prohibited by the Missouri Wildlife Code (3 CSR 10-9).

Amended: Filed June 4, 1991, effective Oct. 31, 1991. Emergency amendment filed Dec. 20, 1991, effective Dec. 30, 1991, expired April 27, 1992. Emergency amendment filed Jan. 23, 1992, effective Feb. 2, 1992, expired May 30, 1992. Amended: Filed Feb. 4, 1992, effective June 25, 1992. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Amended: Filed March 3, 1992, effective Sept. 6, 1992.

Emergency amendment filed Aug. 20, 1993, effective Aug. 30, 1993, expired Dec. 27, 1993. Amended: Filed Aug. 27, 1993, effective Jan. 31, 1994. Emergency amendment filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994. Amended: Filed April 4, 1994, effective Sept. 30, 1994. Emergency amendment filed Jan. 17, 1995, effective Jan. 27, 1995, expired Feb. 1, 1995. Amended:

Filed Jan. 31, 1995, effective July 30, 1995.

Amended: Filed July 31, 1996, effective March 30, 1997. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Emergency amendment filed Nov. 2, 2001, effective Nov. 12, 2001, expired May 10, 2002. Amended:

Filed April 10, 2002, effective Sept. 30, 2002.

Amended: Filed May 14, 2002, effective Dec. 30, 2002. Amended: Filed Jan. 30, 2003, effective July 30, 2003. Emergency amendment filed March 5, 2004, effective March 15, 2004, expired Aug. 27, 2004. Amended:

Filed March 5, 2004, effective Oct. 30, 2004.

Emergency amendment filed Aug. 23, 2004, effective Sept. 3, 2004, expired March 1, 2005. Amended: Filed Aug. 23, 2004, effective Feb. 28, 2005. Amended: Filed June 12, 2009, effective Jan. 30, 2010. Amended: Filed Dec. 23, 2010, effective Aug. 30, 2011.

Amended: Filed Oct. 30, 2014, effective May 30, 2015.

History

• AUTHORITY: section 277.160, RSMo 2000. Original rule filed June 15, 1990, effective Dec. 31, 1990. Emergency amendment filed April 11, 1991, effective April 21, 1991, expired Aug. 9, 1991. Amended: Filed April 16, 1991, effective Aug. 30, 1991.

2 CSR 30-6.030 Bonding (Surety) Requirements for Livestock Market Licensees {#sec-2-csr-30-6.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-6.030}

PURPOSE: This rule sets forth procedures for establishing proper surety coverage for licensees defined in Chapter 277, RSMo.

(1) Bonding Requirements. Every person subject to the provisions of Chapter 277, RSMo shall provide proof of a satisfactory bond in the amount specified by the United States Department of Agriculture (USDA)

Packers and Stockyards Administration or the state veterinarian before receiving a license.

In lieu of any bond, persons may substitute any instrument of financial security approved by the USDA Packers and Stockyards Administration.

(2) All surety bonds and certificates of deposit shall name the state veterinarian as trustee or beneficiary. Letters of credit shall name the state veterinarian and the issuing financial institution as co-trustees. For livestock markets or sales whose corporate headquarters are located in another state, it is not required that the state veterinarian act as beneficiary or trustee, although proof of adequate bonding must be submitted with the application for a license. These bonds shall be in favor of Missouri with the director as trustee for the benefit of all persons selling livestock to the livestock market/sale and their legal representatives, attorneys or assigns, and shall be dependent upon the following:

(A) The livestock market/sale as a buyer must pay to the seller the agreed upon purchase price of the livestock purchased from the seller;

(B) The livestock markets/sales must faithfully perform their duties as licensed livestock markets/sales and comply with Chapter 277, RSMo and its corresponding rules. This

rule applies to purchases made from the effective date of the bond until official cancellation of the bond;

(C) A surety bond required by section 277.080, RSMo shall be effective on the date of issue, not affected by the expiration of the license, and shall continue in effect until cancelled. The continuous nature of a bond however, in no event shall allow the liability of a surety under a bond to accumulate for each successive license period during which the bond is in force, but limited in the aggregate to the amount stated on the bond, or as changed, from time-to-time, by appropriate endorsement or rider;

(D) The required bond shall be kept in force at all times while conducting business as a licensed livestock market or sale. Failure to keep that bond in force is cause for revocation of the license and the market/sale is subject to the penalties provided in this chapter. No market/sale shall cancel an approved bond without the prior written approval of the state veterinarian and the state veterinarian’s approval of a substitute bond;

(E) Upon written demand of the state veterinarian for payment, either the surety shall pay over to the state veterinarian the sum demanded up to the full face amount of the bond or shall deposit the sum demanded in an interest-bearing escrow account at the highest rate of interest available. When a surety pays the state veterinarian upon demand, the state veterinarian shall set a date for an informal conference to allow the parties to discuss the claim. If the surety pays as demanded and the parties or a court of law determines the surety is not liable, the state veterinarian shall return to the surety the sum paid to the state veterinarian plus all accumulated interest, or any pro ratapart of the sum, plus interest, as applicable in the event of liability less than the sum demanded. If the surety chooses to deposit the demanded sum in an interestbearing escrow account and upon the exhaustion of appeals, if any, the surety immediately shall pay to the state veterinarian for distribution to claimants the amount for which the surety is determined to be liable plus accumulated interest on that amount;

(F) Every bond filed shall contain a provision that the principal or surety company cannot cancel the bond except upon ninety (90) days’ prior notice in writing, by certified mail, to the state veterinarian at the Jefferson City office. When a surety gives notice of cancellation, a copy of that notice shall be mailed to the principal by certified mail on the same day.

The cancellation does not affect the liability accumulated or which may accu mulate under that bond before the expiration of the ninety (90) days. The notice shall contain the termination date. If notice procedures are not followed, the bond shall remain in effect until properly cancelled;

(G) Whenever the state veterinarian receives notice from a surety that it intends to cancel the bond of a livestock market or sale, the state veterinarian shall automatically suspend the market/sale license if a new bond is not submitted to the state veterinarian within forty-five (45) days of receipt of the notice of intent to cancel. If a new bond is not received within eighty (80) days of receipt of the notice of intent to cancel, the state veterinarian shall revoke the market/sale license. The state veterinarian may cause an inspection of the livestock market/sale at the end of the eighty (80)-day period. That inspection may include an attempt to identify all possible livestock sellers and related claimants of the market/sale by advertising for the same in local news media; and (H) Verbal or written surety bond binders issued by a surety on behalf of a livestock market/sale for original or replacement bonds are recognized as legally effective in Missouri when those binders meet the following 8CODE OF STATE REGULATIONS conditions:

1. The licensee or principal has paid, or has promised to pay, the surety a tentatively agreed upon premium or other consideration;

2. A surety provides the state veterinarian, either in writing or verbally— A. A bond number;

B. The amount of the bond;

C. The effective date of the bond; and D. Assurance that the person providing the preceding information has authority to commit the surety. The state veterinarian may or may not accept this binder, depending on the particular circumstances involved and consistent with the orderly administration of this rule.

(3) Provisions and rules on bonds will also apply to certificates of deposit and irrevocable letters of credit, with the exception that a letter of credit may only be cancelled on its natural termination date.

(A) Any certificate of deposit submitted instead of a surety bond required under section 277.080, RSMo shall be filed with the state veterinarian as trustee for the benefit of all persons selling livestock to the livestock market/sale. The certificate of deposit shall be kept in the custody of the state veterinarian.

(B) A licensee may submit instead of a bond, an irrevocable letter of credit, payable to the state veterinarian or the issuing financial institution for the benefit of claimants and issued by a federally- or state-chartered bank. If the state veterinarian finds that the issuing bank is or may become insolvent, or for any other reason may be unable to honor the terms of the letter of credit, the state veterinarian may refuse to accept a letter of credit instead of the bond required by this

rule if the state veterinarian finds that the issuing bank is or may become insolvent, or for any other reason may be unable to honor the terms of the letter of credit. The state veterinarian may require an issuing bank to submit evidence of its financial condition and the state veterinarian may seek the cooperation of the Division of Finance in checking the financial condition of an issuing bank. The state veterinarian shall promulgate all necessary rules regarding certificates of deposit and irrevocable letters of credit.

(C) On written demand of the state veterinarian for payment, the bank either shall pay over to the state veterinarian the sum demanded, up to the full face value of the irrevocable letter of credit, or shall deposit the sum demanded in an escrow account at the highest rate of interest available. Upon receipt of funds and the determination that the bank is not liable for claims against the irrevocable letter of credit, the state veterinarian shall return to the bank the sum paid to the state veterinarian and all accumulated interest earned, minus any penalties due or paid. If the liability is less than the sum demanded, the state veterinarian shall return the proper pro rataportion of the funds received and interest earned as applicable.

(4) Amount of bond or surety will vary based upon the following criteria:

(A) Each market/sale licensed under Chapter 277, RSMo that does not meet USDA Packers and Stockyards Administration criteria either in volume or type of livestock sold must carry a minimum ten thousand dollar ($10,000) surety bond or like security; and (B) Those markets/sales which exceed two hundred thousand dollars ($200,000) of business in the preceding year shall add to the ten thousand dollar ($10,000) bond with an amount to equal two and one-half percent (2.5%) of the dollar volume over two hundred thousand dollars ($200,000), rounded to the nearest ten thousand dollars ($10,000).

History

• AUTHORITY: section 277.160, RSMo Supp. 1998. Original rule filed June 15, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 4, 1999, effective July 30, 1999.

Chapter 7 Missouri Livestock Dealer Law

2 CSR 30-7.010 Provisions for Registration and Recordkeeping of Livestock Dealers {#sec-2-csr-30-7.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-7.010}

PURPOSE: This rule sets forth the requirements for records and retention time required by the new Dealer Law, subdivision (2) of subsection 1. of section 276.626.

(1) Each registered dealer, agent, representative or consignee of a dealer will be required to keep the following written records:

(A) Origin and destination of livestock (include name and address of seller, buyer and any other party involved in each transaction and including the place of any destination of same);

(B) Date and place of transaction;

(C) Number of head involved in transaction; and (D) Type of livestock (including heifer calves, yearling heifers, steer and bull calves, test-eligible cows and bulls).

(2) These records shall be kept for a minimum of two (2) full calendar years as required by Packers & Stockyards Act, section 201.50, unless notified that specific records should be retained pending completion of any investigation or proceeding under sections 276.600–276.646, RSMo for such periods of time as the director of agriculture shall require.

(3) The records specified in this rule shall be made available at any reasonable period of time to the director of agriculture or his/her designated representative. Every effort shall be made to inspect the records upon twentyfour (24) hours’ notice at the dealer’s place of business or at a local livestock market; but should inspection of records at these locations be deemed impractical or futile by the director, a dealer may be required by order of the director to produce them at the official offices of the Missouri Department of Agriculture in Jefferson City, Missouri.

rule previously filed as 2 CSR 30-6.010.

Original rule filed April 9, 1981, effective July 11, 1981. Rescinded and readopted:

Filed Dec. 14, 1987, effective March 25, 1988. *Original authority: 267.560, RSMo 1959.

MATTBLUNT(4/30/01)

History

• AUTHORITY: section 267.560, 1986. This

Chapter 8 Poultry

2 CSR 30-8.010 Requirements for the Eradication of Pullorum Disease and Fowl Typhoid in Poultry {#sec-2-csr-30-8.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-8.010}

PURPOSE: This rule contains the health standards designed to control and eradicate pullorum disease and fowl typhoid in Missouri. Poultry health standards are stated for hatcheries operating within the state and for exhibition of poultry and restrictions are placed on the importation of poultry and hatching eggs.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Definitions.

(A) Baby poultry shall mean newlyhatched poultry that have not been fed or watered.

(B) Department shall mean the Department of Agriculture of Missouri or its designee.

(C) Exhibition shall mean the displaying or showing of any poultry for the purposes of competition or advancement of the species and shall include, among other examples, county, regional and state fairs, farm shows and breeding shows.

(D) Flock shall mean all the poultry on one (1) premises except that any group of poultry which is segregated from other poultry and has been so segregated for a period of at least twenty-one (21) days, at the discretion of the department, may be considered as a separate flock.

(E) Fowl typhoid or typhoid shall mean a disease of poultry caused by Salmonella Gallinarum.

(F) Game birds shall mean peafowl, pheasants, partridge, quail, grouse and guineas, but not doves, pigeons or waterfowl.

(G) Hatchery shall mean incubators, hatchers and auxiliary equipment on one (1) premises operated and controlled by any person for the hatching or incubating of hatching eggs.

(H) Hatching eggs shall mean fertile eggs used to produce poultry or embryonated eggs.

(I) Junior exhibitor shall mean an exhibitor under nineteen (19) years of age.

(J) National Poultry Improvement Plan (NPIP) shall mean National Poultry Improvement Plan as outlined in the Code of Federal Regulations, 9 CFR parts 145–147.

(K) Person shall include individuals, partnerships, corporations and associations.

(L) Poultry shall mean domesticated fowl including chickens, turkeys, waterfowl and game birds.

(M) Pullorum disease or pullorum shall mean a disease of poultry caused by Salmonella Pullorum.

(N) Pullorum-typhoid tests shall mean one (1) of the methods recognized by the NPIP to test poultry for pullorum disease and fowl typhoid.

(O) Started poultry shall mean young poultry that have been fed and watered and are less than six (6) months of age.

(P) State veterinarian shall mean the state veterinarian of Missouri or his/her designated representative.

(Q) Waterfowl shall mean domesticated fowl that normally swim, such as ducks and geese.

(2) Importations.

(A) Live poultry (except those consigned directly to slaughter) shall be accompanied by an official certificate of veterinary inspection or a VS Form 9-3 (see 2 CSR 30-2.040).

If a VS Form 9-3 is used, a signed and dated owner/shipper statement must be included stating that to his/her best knowledge the birds are healthy. Poultry known to be infected with pullorum or typhoid that are consigned directly to slaughter must be identified as infected by the consignor.

(B) Live poultry entering Missouri must be tested negative for pullorum-typhoid within the past ninety (90) days or originate from a flock approved by the NPIP or an equivalent program which has been tested within the past twelve (12) months with no change of ownership.

(C) Hatching eggs must be accompanied by an official certificate of veterinary inspection certifying the eggs to be from pullorumfree flocks or by a VS Form 9-3.

(D) All poultry and hatching eggs imported into Missouri require an entry permit prior to shipment. Annual entry permits shall be issued by the department to participants in the NPIP or an equivalent program. Producers not approved by NPIP or an equivalent program must request a permit with each shipment.

(3) Hatcheries, Started Poultry and Hatching Eggs.

(A) All started pullets, baby poultry and hatching eggs marketed in Missouri must originate from flocks and hatcheries participating in the NPIP or must have met equivalent requirements for pullorum-typhoid control under official supervision by the Missouri Department of Agriculture.

(B) Recordkeeping. Persons marketing poultry (except birds for immediate slaughter) and hatching eggs shall maintain the identity of the product and keep adequate records. The records of product purchased shall include the name and address of each flock owner, the number of eggs or poultry received from each flock owner, the number of poultry received in each shipment and the date received. The records of product sold shall include the name and address of each purchaser, the number, breed and variety sold, and the date of shipment. These records shall be retained for at least twenty-four (24) months, and be made available to a representative of the department during their inspection of the premises.

(C) Sanitation. All hatcheries, incubator equipment and brooder rooms shall be kept strictly sanitary. Sanitation evaluations will be based on the appropriate sections of the NPIP provisions.

(D) Inspection. Any representative of the department shall have access at any reasonable time, whether in operation or not, to inspect the premises of all hatcheries.

(4) Exhibitions.

(A) An official representing the person or organization sponsoring the exhibition shall notify the state veterinarian no later than thirty (30) days prior to the exhibition giving the names, place, inclusive dates and times of the event.

(B) Recordkeeping. The sponsor of the exhibition shall compile a list of all poultry present at the exhibition. The list shall contain the name and address of each owner, the number, species, breed, variety, type, sex and pullorum-typhoid status of all poultry present. A copy of this list shall be retained by the sponsor of the exhibition for at least twelve (12) months thereafter and shall be made available upon request to a representative of the department.

(C) Inspection. All poultry to be exhibited must be free of clinical signs of any infectious or contagious disease. A representative of the department shall have access to the exhibits and may conduct inspections and tests as deemed necessary to enforce the requirements of this regulation.

(D) Pullorum-Typhoid Status. All poultry (except waterfowl) exhibited shall be tested negative for pullorum-typhoid within the past ninety (90) days or originate from a flock approved by the NPIP or an equivalent program which has been tested within the past twelve (12) months with no change of ownership. This information shall be documented on a VS Form 9-2 (see 2 CSR 30-8.020) or similar certificate which shall accompany the poultry to the exhibition and shall be made available on request.

(5) Diagnosis of Pullorum or Typhoid Disease.

(A) Reporting. All persons performing poultry disease diagnostic services within Missouri are required to report to the state veterinarian within forty-eight (48) hours, the source of all poultry specimens from which S. pullorum or S. gallinarumis isolated.

(B) Investigation. Upon receipt of a report of pullorum or typhoid in poultry, the state veterinarian shall direct an immediate investigation by a representative of the department to determine the origin and avenue of transmission of the infection. A representative of the department may enter a place or premises for those inspections or investigations as deemed necessary.

(6) Containment by Quarantine. All flocks found to be infected with Salmonella pullorum and Salmonella gallinarum shall be quarantined until the flock is slaughtered or the flock is determined to be free of infection by retesting at intervals based on the NPIP provisions. All hatcheries found to be infected with Salmonella pullorum or Salmonella gallinarumshall be quarantined until infected eggs and birds are destroyed and disposed of properly, and the hatchery is thoroughly cleaned and disinfected with a United States Department of Agriculture (USDA)-approved disinfectant.

(7) Removal of Flock Quarantine. Quarantine may be removed either through depopulation or an approved and monitored testing program.

(A) Depopulation. Birds shall be sent to slaughter or killed on the premises and disposed of in an approved manner. After depopulation, the house and the equipment in the house must be thoroughly cleaned and disinfected with a USDA-approved disinfectant before another flock of birds is placed in the house. State personnel shall inspect the facilities after the cleaning and disinfection.

(B) Testing Program. If testing is chosen as the method of eradication of the disease, the testing shall be supervised and directed by state personnel. That testing shall follow guidelines in the appropriate sections of the NPIP provisions. Once the flock is determined to be negative, the quarantine shall be removed.

History

• AUTHORITY: section 267.560, RSMo 1986. Original rule filed July 15, 1991, effective Dec. 9, 1991. Original authority 1959.

2 CSR 30-8.020 Missouri Poultry Improvement Plan (MPIP)—Requirements for Participation and Compliance With the National Poultry Improvement Plan (NPIP) {#sec-2-csr-30-8.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-8.020}

PURPOSE: The National Poultry Improvement Plan is a state-federal cooperative program for the improvement of poultry and poultry products throughout the country. The Missouri Poultry Improvement Plan is the plan administered in Missouri.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Administration. The plan is administered through a memorandum of understanding between the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS, USDA) and the Missouri Department of Agriculture (MDA).

The state veterinarian shall sign the memorandum of understanding and shall be responsible for administration of the plan within the state.

(2) Official State Agency. The MDA is recognized as the official state agency (OSA), as the OSA is referred to in the Code of Federal Regulations, 9 CFR Parts 145–147. The MDA shall create an OSA review committee to advise the state veterinarian. Participants in the National Poultry Improvement Plan (NPIP) are eligible to serve on the committee by appointment from the state veterinarian.

The members of the review committee shall include at least one (1) participant from each

subpart of the NPIP and the contact representative. The supervisor of the poultry program for the MDA shall be the contact representative and the chair of the review committee.

(3) Requirements for Participation in the Missouri Poultry Improvement Plan (MPIP).

(A) New Participants. An application and a signed memorandum of agreement between the participant and the MDA is required. In addition, participants must provide proof that their products will comply with the general provisions and the specific provisions contained in the subpart for which they intend to be certified.

(B) Current Participants. An application and a signed memorandum of agreement between the participant and the MDA is required annually. In addition, participants must have demonstrated to the OSA throughout the preceding twelve (12)-month period that they have complied with the general provisions and the specific provisions contained in the subparts for which they applied.

(4) MPIP Regulations.

(A) All provisions, including definitions, relating to disease surveillance, disease control or testing of birds or premises for the presence of disease, are to be based on and consistent with the provisions of the NPIP published in the Code of Federal Regulations, 9 CFR Parts 145–147.

(B) All started pullets, baby poultry and hatching eggs marketed in Missouri must originate from flocks and hatcheries participating in the NPIP or an equivalent program.

(C) All participants are required to observe and abide by the regulations pertinent to the continuance of the United States Pullorum- Typhoid Clean State status designated for Missouri by the NPIP.

(5) Disciplinary Action.

(A) If at any time a participant fails to comply with the provisions of the NPIP or the MPIP, s/he may be placed on probation after the case has been examined by the OSA review committee created by the MDA.

(B) NPIP membership shall be revoked when a participant has repeatedly violated provisions of the plan, or when violations have occurred during probation. Revocation of membership shall not be instituted without a recommendation from the OSA and a hearing before the MDA.

4CODE OF STATE REGULATIONS

(4/30/01) MATTBLUNT

History

• AUTHORITY: section 267.560, RSMo 1986. Original rule filed July 15, 1991, effective Dec. 9, 1991. Original authority 1959.

Chapter 9 Animal Care Facilities

2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports, {#sec-2-csr-30-9.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.020}

2 CSR 30-9.030 Animal Care Facilities Minimum Standards of Operation and {#sec-2-csr-30-9.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.030}

2 CSR 30-9.100 Eurasian, Russian, and Captured Feral Swine Facility Act Definitions {#sec-2-csr-30-9.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.100}

2 CSR 30-9.110 Feral Swine Confinement Permit and Standards {#sec-2-csr-30-9.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.110}

2 CSR 30-9.010 Animal Care Facilities Definitions {#sec-2-csr-30-9.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.010}

PURPOSE: This rule defines terms used in licensing, operating, and inspecting animal care facilities.

(1) The terms defined in sections 273.325 and 273.345, RSMo, in addition to other relative terms pertaining to animal care will be applied for use in 2 CSR 30-9.020 and 2 CSR 30-9.030.

(2) Definitions. As used in 2 CSR 30-9.020 and 2 CSR 30-9.030, the following terms shall mean:

(A) ACFA means the Animal Care Facilities Act;

(B) Adequate food means the provision, at suitable intervals of not more than twelve (12) hours, unless the dietary requirements of the species requires a longer interval, of a quantity of wholesome foodstuff, suitable for the species and age, enough to maintain a reasonable level of nutrition in each animal. All foodstuffs must be served in a safe receptacle, dish, or container;

(C) Adequate housing means the continuous provision of a sanitary facility, protection from the extremes of weather conditions, proper ventilation, and appropriate space (depending on the species of animal) as defined by the regulations of the United States Department of Agriculture (USDA) and this rule;

(D) Adequate water means the provision of a supply of potable water in a safe receptacle, dish, or container. Water shall be provided continuously or at intervals suitable to the species (intervals shall not exceed eight (8) hours);

(E) Adequate rest between breeding cycles means, at minimum, ensuring that female dogs are not bred to produce more litters in any given period than what is recommended by a licensed veterinarian as appropriate for the species, age, and health of the dog;

(F) Adopter means a person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency;

(G) Adult animal means any dog or cat that has reached the age of one hundred eighty (180) days or six (6) months or more;

(H) Animal means any dog or cat used or intended for use for research, teaching, testing, breeding, exhibition purposes, or as a pet;

(I) Animal shelter means a facility used to house or contain animals, operated or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization.

An animal shelter is devoted to the welfare, protection, and humane treatment of animals; or a person whose primary

purpose is to act as an animal rescue, to collect and care for unwanted animals, or to offer them for adoption is also included in this definition;

(J) Animal welfare official means any licensed veterinarian designated by and under the supervision of the state veterinarian, who administers or assists in the administration of the ACFA, or any appointee of the director and shall include all deputy state veterinarians;

(K) Attending veterinarian means any Doctor of Veterinary Medicine who has a valid license to practice veterinary medicine in Missouri issued by the Missouri Veterinary Medical Board and who has a written agreement to perform specified services for a licensee;

(L) Auction means any person selling any consignment of dog(s) or cat(s) to the highest bidder. This shall include any means, procedure, or practice in which the ownership of a dog or cat is conveyed from one (1) person to another by any type or method of bidding process. Auction sales shall be considered as brokers and must be licensed as dealers under the ACFA;

(M) Boarding kennel means a place or establishment, other than a pound or animal shelter, where animals, not owned by the proprietor, are sheltered, fed, and watered in return for a consideration. This term shall include all boarding activities regardless of name used, such as, but not limited to, pet sitters.

However, boarding kennel shall not include hobby or show breeders who board intact females for a period of time for the sole purpose of breeding the intact females, and shall not include individuals who temporarily, and not in the normal course of business, board or care for animals owned by other individuals;

(N) Business hours means a reasonable number of hours between seven o’clock in the morning and seven o’clock in the evening (7:00 a.m.–7:00 p.m.), Monday through Friday, except legal state holidays, each week of the year, during which inspections may be made;

(O) Carrier means the operator of any airline, aircraft, railroad, motor carrier, shipping line, or other enterprise which is engaged in the business of transporting any animals for hire;

(P) Cat means any live or dead Felis catus;

(Q) Commercial breeder means a person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than three (3) intact females for the primary

purpose of breeding animals for sale;

(R) Commercial kennel means any kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration;

(S) Contract kennel means any facility operated by any person or entity other than the state or any political subdivision of the state, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals, on behalf of and pursuant to a contract with the state or any political subdivision;

(T) Covered dog means any individual of the species of the domestic dog, Canis lupus familiaris, or resultant hybrids, that is over the age of six (6) months and has intact sexual organs;

(U) Dealer means any person who is engaged in the business of buying for resale, selling, or exchanging animals, as a principal or agent, or who holds him/herself out to be so engaged or is otherwise classified as a dealer by the USDA as defined by the regulations of the USDA;

(V) Director means the director of the Missouri Department of Agriculture;

(W) Dog means any live or dead Canis lupus familiaris;

(X) Euthanasia means the act of putting an animal to death in a humane manner and shall be accomplished by a method specified as acceptable by the American Veterinary Medical Association Panel on Euthanasia;

(Y) Examination means a complete physical evaluation from head to tail of a covered dog or cat by a licensed veterinarian to include auscultation, palpation, and a visual inspection in which the heart rate, respiratory rate, breeding soundness, and the results of palpation are assessed and recorded as indicated on the forms provided;

(Z) Exhibitor means any person (public or private) exhibiting any dog or cat to the public for compensation or for a consideration of any kind whether directly or indirectly. This term excludes pet shops who are exhibiting only the animals for sale to the general public if exhibited only within the licensed facility;

(AA) Exotic animals for the purpose of the ACFA means any member of the families Canidae or Felidae not indigenous to Missouri or any hybrid descendant of any member of the families Canidae or Felidae crossed with any Canis lupus familiaris or Felis catus;

(BB) Extreme weather means outdoor temperatures above eighty-five degrees Fahrenheit (85 °F) or below forty-five degrees Fahrenheit (45 °F) or during a severe weather alert;

(CC) Hobby or show breeder means a noncommercial breeder who breeds dogs or cats with the primary purpose of exhibiting or showing dogs or cats, improving the breed or selling the dogs or cats, and having no more than ten (10) intact females.

These breeders shall be classified as a hobby or show breeder if they sell only to other breeders or to individuals. Hobby or show breeders are exempt from the licensure and inspection requirements, but must register annually with the director for the purpose of establishing that these persons are hobby or show breeders, at no cost to the hobby or show breeders. A breeder who buys or sells any animal for the primary purpose of resale does not qualify as a hobby or show breeder.

1. Registered hobby or show breeders are those meeting the definition in this subsection.

2. Licensed hobby or show breeders are those meeting the definition in this subsection with the exception of having more than ten (10) intact females. Licensed hobby or show breeders shall be required to pay the same license and per capita fees and meet the same rules, standards, and inspection requirements as the commercial breeders;

(DD) Housing facility means any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals;

(EE) Impervious surface means a surface that does not permit the absorption of fluids;

(FF) Indoor housing facility means any structure or building with environmental controls, housing or intended to house animals and meeting the following requirements:

1. It must be capable of controlling the temperature within the building or structure within the limits set forth for that species of animal, of maintaining humidity levels of thirty to seventy percent (30-70%), and of rapidly eliminating odors from within the building;

2. It must be an enclosure created by the continuous connection of a roof, floor, and walls (a shed or barn set on top of the ground does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); and 3. It must have at least one (1) door for entry and exit that can be opened and closed (any windows or openings which provide natural light must be covered with a transparent material such as glass or hard plastic);

(GG) Inspector means any person employed by the department who is authorized to perform a function under the ACFA and these rules, or any animal welfare official as defined in this rule;

(HH) Intact female means, with respect to the dog, a female between the ages of six (6) months and ten (10) years that can be bred. With respect to the cat, a female between the ages of six (6) months and eight (8) years that can be bred;

(II) Intermediate handler means any person engaged in any business in which s/he receives custody of animals through boarding, ownership, or brokering in connection with their transportation in commerce, excluding persons licensed under the ACFA who are transporting animals only in the normal course of conducting their licensed business;

(JJ) Licensee means any animal shelter, boarding kennel, commercial breeder, commercial kennel, contract kennel, dealer, intermediate handler, pet shop, and pound or dog pound licensed according to the provisions of the ACFA;

(KK) Necessary veterinary care means, at minimum, examination at least once yearly by a licensed veterinarian, prompt treatment of any serious illness or injury by a licensed veterinarian, and where needed, humane euthanasia by a licensed veterinarian using lawful techniques deemed acceptable by the American Veterinary Medical Association;

(LL) Outdoor housing facility means any structure, building, land, or premises, housing or intended to house animals, which does not meet the definition of any other type of housing facility provided in the rules, and in which temperatures cannot be controlled within set limits;

(MM) Person means any individual, partnership, firm, joint venture, corporation, association, limited liability company, trust, estate, receiver, syndicate, or other legal entity;

(NN) Pet means any species of the domestic dog, Canis lupus familiaris, or resultant hybrids, normally maintained in or near the household of the owner thereof;

(OO) Pet shop means any facility where animals are bought, sold, exchanged, or offered for retail sale to the general public;

(PP) Pound or dog pound means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;

(QQ) Primary enclosure means any structure or device used to restrict an animal(s) to a limited amount of space, such as a room, pen, run, cage, compartment, pool, hutch, or tether;

(RR) Registrant means any hobby or show breeder who has properly registered with the director according to the provisions of the ACFA;

(SS) Regular exercise means the type and amount of exercise sufficient to comply with an exercise plan that has been approved by a licensed veterinarian, developed in accordance with regulations regarding exercise promulgated by the Missouri Department of Agriculture, and where such plan affords the dog maximum opportunity for outdoor exercise as weather permits;

(TT) Retail pet store means a person or retail establishment open to the public where dogs are bought, sold, exchanged, or offered for retail sale directly to the public to be kept as pets, but that does not engage in any breeding of dogs for the

purpose of selling any offspring for use as a pet;

(UU) Sanitize means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health;

(VV) Serious illness or injury means a condition or injury that would likely result in significant pain or progression of disease if not addressed within twenty-four (24) hours and would require daily or continuing treatment as determined by a veterinarian;

(WW) Sheltered housing facility means a housing facility which provides the animal with shelter, protection from the elements, and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/ outside runs or pens with the inside pens in a totally enclosed building;

(XX) Standards means the requirements set forth in 2 CSR 30- 9.020 through 2 CSR 30-9.030;

(YY) State means Missouri;

(ZZ) State veterinarian means the state veterinarian of Missouri;

(AAA) Sufficient food and clean water means access to appropriate nutritious food at least twice a day sufficient to maintain good health, and continuous access to potable water that is not frozen and is generally free of debris, feces, algae, and other contaminants;

(BBB) Sufficient housing, including protection from the elements, means the continuous provision of a sanitary facility, the provision of a solid surface on which to lie in a recumbent position, protection from the extremes of weather conditions, proper ventilation, and appropriate space in accordance with regulations of the Missouri Department of Agriculture;

(CCC) Sufficient space to turn and stretch freely, lie down, and fully extend his or her limbs means having appropriate space in accordance with regulations of the Missouri Department of Agriculture;

(DDD) Transporting vehicle means any truck, car, trailer, airplane, ship, or railroad car used for transporting animals;

(EEE) USDA means the United States Department of Agriculture;

(FFF) Weaned means that an animal has become accustomed to taking solid food and has done so, without nursing, for a period of at least five (5) days; and (GGG) Wire strand flooring means pliable metallic strands in any length or diameter, mesh or grill-type, with or without a coating, and used for a surface on which an animal stands.

rule filed Jan. 13, 1994, effective Aug. 28, 1994. Amended: Filed Oct. 24, 1994, effective May 28, 1995. Emergency amendment filed July 11, 2011, effective July 21, 2011, expired Feb. 23, 2012. Amended:

Filed July 22, 2011, effective Jan. 30, 2012. Amended: Filed Jan. 21, 2016, effective Aug. 30, 2016. Amended: Filed Nov. 25, 2019, effective July 30, 2020.

2 CSR 30-9.020 Animal Care Facility Rules Governing Licensing, Fees, Reports, Record Keeping, Veterinary Care, Identification, and Holding Period {#sec-2-csr-30-9.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.020}

PURPOSE: This rule sets forth the standards and requirements for the licensing and operation of animal care facilities.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material, which is incorporated by reference as a portion of this rule, would be unduly cumbersome or expensive. Therefore, the material, which is so incorporated, is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction.

The entire text of the rule is printed here. This note refers only to the incorporated by reference material. The publication for AVMA Guidelines for the Euthanasia of Animals: 2013 Edition can be accessed at http://www.avma.org.

(1) Application for License and Conditions of Issuing.

(A) Any person or organization operating an animal shelter, boarding kennel, commercial kennel, contract kennel, pet shop, pound or dog pound, or acting as a dealer, commercial breeder, intermediate handler or exhibitor in Missouri, must have a valid license issued by the director in accordance with the Animal Care Facilities Act (ACFA).

(B) Any person seeking a license under the provisions of the ACFA shall— 1. Apply on a form furnished by the director;

2. Be at least eighteen (18) years of age;

3. Provide all information requested on the application form, including a valid mailing address through which the licensee or applicant can always be reached and a valid premises address where animals, animal facilities, equipment, and records shall be inspected for compliance;

4. File the completed application form with the director;

5. Submit the appropriate fee as calculated in section (2) of this rule; and 6. Obtain a separate license for each separate physical facility requiring a license according to the ACFA.

(C) The following persons are exempt from the licensing fees and inspection requirements:

1. Persons engaged in breeding dogs and cats who harbor three (3) or less intact females; and 2. Registered hobby and show breeders, with proof of show.

(D) Pounds or dog pounds are exempt from the licensing fees but must meet all other standards in 2 CSR 30-9 and will be inspected at least annually.

(E) Any person exempt from the licensing requirements may voluntarily apply for a license, but shall comply with all rules and standards of the ACFA. A voluntary license may be surrendered at any time the licensee so desires.

(F) The director may refuse to issue or renew or may revoke or suspend a license on any one (1) or more of the following grounds:

1. Material and deliberate misstatement on the application for any original license or for any renewal license;

2. Conviction of any violation of any state or federal law on the disposition or treatment of animals;

3. The failure of any person to comply with any provision of the ACFA, or any of the provisions of the standards in 2 CSR 30-9; or 4. The refusal to allow the inspector free and unrestricted access to inspect any ACFA required records, or any animal, premises, facility, area, equipment, or vehicle.

(G) An applicant whose check is returned by the bank will be charged a fee of fifteen dollars ($15) for each returned check.

An applicant shall not receive a license until payment has cleared normal banking procedures. A delay of up to thirty (30) days or more may be expected if a personal check is used for payment of fees.

(H) Operation of an animal shelter, boarding kennel, commercial kennel, contract kennel, pet shop, pound or dog pound, or activity as a commercial breeder, dealer, intermediate handler, or exhibitor (other than a limited show or exhibit) without a valid license is a class A misdemeanor.

(I) All premises licensed under the ACFA shall be inspected at least once each year, or upon a complaint to the department about a particular facility. The validity of the complaint will be determined by the state veterinarian.

(J) All licensees or applicants for a license or license renewal must make his/her facilities, animals, premises, and records available for inspection during business hours or at other times mutually agreeable, in writing, to the applicant and the animal welfare official designated by the state veterinarian.

If the licensee’s or applicant’s facilities, animals, premises, procedures, or records do not meet the requirements in 2 CSR 30-9.020 through 2 CSR 30-9.030, the applicant will be advised in writing of existing deficiencies and the corrective measures that must be completed in a timely manner to be in compliance with the standards. Persons or facilities which subsequently fail two (2) consecutive reinspections for an original violation shall be charged a fee of one hundred dollars ($100), which shall be paid before subsequent inspections will be made or the renewal of that person’s or facility’s license.

(K) The Department of Agriculture shall not retain, contract with, or otherwise utilize the services of the personnel of any nonprofit organization for the purpose of inspection or licensing of any animal shelter, pound or dog pound, boarding kennel, commercial kennel, contract kennel, commercial breeder, hobby or show breeder, or pet shop under sections 273.325 to 273.357, RSMo.

(L) A licensee or applicant for a license shall not interfere with, threaten, abuse (including verbal abuse), or harass any inspector or state or federal official while carrying out his/her duties.

(M) A license shall be issued to specific persons for specific premises, facilities, and operations and does not transfer upon change of ownership, nor is it valid at a different location.

Otherwise, a license issued under 2 CSR 30-9 shall be valid and effective unless— 1. The license has been revoked or suspended pursuant to

section 273.329, RSMo;

2. The license is voluntarily terminated by the written request of the licensee to the director;

3. The license has expired or has otherwise been terminated under 2 CSR 30-9.020; or 4. The applicant did not pay the license fee as required.

(N) There will be no refund of fees if a license is terminated for any reason before its expiration.

(O) Licensees must accept delivery of registered mail or certified mail notice and provide the director notice of any change of address.

(P) All licenses will expire on January 31 each year and will automatically terminate at midnight on that date unless the properly completed application with the appropriate fee has been received by the director. A person whose license has been automatically terminated shall not conduct any activity unless a valid license has been duly issued.

(Q) A license which is suspended or revoked under 2 CSR 30-9 shall be surrendered to the director. If the license cannot be found, the licensee shall provide a written statement so stating to the director.

(R) Contested cases and other matters involving licensees and the director, or his designee, may be informally resolved by consent agreement, settlement, stipulation, consent order, or default.

(S) Whenever the state veterinarian or a state animal welfare official finds past violations of sections 273.325 to 273.357, RSMo, have occurred and have not been corrected or addressed, including operating without a valid license under

section 273.327, RSMo, the director may request the attorney general or the county prosecuting attorney or circuit attorney to bring an action in circuit court in the county where the violations have occurred for a temporary restraining order, preliminary injunction, permanent injunction, or a remedial order enforceable in a circuit court to correct such violations and, in addition, the court may assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) for each violation. Each violation shall constitute a separate offense.

(T) A person commits the crime of canine cruelty if such person repeatedly violates sections 273.325 to 273.357, RSMo, so as to pose a substantial risk to the health and welfare of animals in such person’s custody or knowingly violates an agreed-to remedial order involving the safety and welfare of animals under this section. The crime of canine cruelty is a class C misdemeanor, unless the person has previously pled guilty or nolo contendere to or been found guilty of a violation of this subsection, in which case, each such violation is a class A misdemeanor.

1. The attorney general or the county prosecuting attorney or circuit attorney may bring an action under sections 273.325 to 273.357, RSMo, in circuit court in the county where the crime has occurred for criminal punishment.

2. No action under this section shall prevent or preclude action taken under section 578.012, RSMo, or under subsection 3 of section 273.329, RSMo.

(2) License Fees.

(A) In addition to the application for a license or license renewal, each person shall submit to the director the annual license fee prescribed in this section and calculated upon the previous year’s business— 1. Animal shelter—One hundred dollars ($100), plus the annual animal shelter per capita fee for every animal sold, traded, bartered, brokered, adopted out, or given away, up to a 2. Pound/dog pound—No fee, but must meet the standards in 2 CSR 30-9;

3. Commercial kennel—One hundred dollars ($100), plus the annual commercial kennel per capita fee for each board day, up to a maximum of two thousand five hundred dollars ($2,500);

4. Boarding kennel—One hundred dollars ($100), plus the annual boarding kennel per capita fee for each board day, up to a maximum of two thousand five hundred dollars ($2,500);

5. Commercial breeder—One hundred dollars ($100), plus the annual commercial breeder per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a 6. Contract kennel—One hundred dollars ($100), plus the annual contract kennel per capita fee for every animal sold, traded, bartered, brokered, adopted out, or given away, up to a 7. Dealer (also auction sale operator or broker)—One hundred dollars ($100), plus the annual dealer per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a maximum of two thousand five hundred dollars ($2,500);

6. Pet shop—One hundred dollars ($100), plus the annual pet shop per capita fee for every animal sold, traded, bartered, brokered, or given away, up to a maximum of two thousand five hundred dollars ($2,500);

7. Intermediate handler—One hundred dollars ($100), plus a per capita fee for each board day and each animal purchased or brokered and transported up to a maximum of two thousand five hundred dollars ($2,500). Animals which are transported only will be considered as carrier-transported and not subject to a per capita fee; and 10. Hobby or show breeder—Exempt from fees and inspection requirements, provided that such breeder qualifies annually for the purpose of establishing status for registration.

(B) Per Capita Fees.

1. Per capita fees assessed for previous year’s sales are one dollar ($1.00) for every animal sold, traded, bartered, brokered, adopted out, or given away.

2. Per capita fees assessed for previous year’s services are ten cents ($.10) for every board day.

(C) An initial application fee is one hundred dollars ($100).

The renewal application fee is based upon the calculations stated previously in this section.

(D) Operation Bark Alert. Each licensee subject to sections 273.325 to 273.357, RSMo, shall pay an additional annual fee of twenty-five dollars ($25) to be used by the Department of Agriculture for the purpose of administering Operation Bark Alert or any successor program.

(3) Annual Report by Licensee.

(A) Each year, the licensee shall renew their license on forms furnished by the state veterinarian.

(B) Each year, the licensee shall submit the total number of animals sold, traded, bartered, brokered, adopted out, given away, or boarded during the previous year, January through December, and any other information required on the form.

(4) Acknowledgment of Rules and Standards. The director will supply a copy of the ACFA and the rules and standards upon request of any prospective applicant or licensee.

(5) Notification of Change in Business Licensed. Any change in the name, address, management, substantial control and ownership of the business or operation, or of additional sites, shall be provided to the state veterinarian within ten (10) days of the change.

(6) Activity by Persons/Facilities Whose Licenses Have Been Suspended or Revoked.

(A) Any person who has been an officer, agent, direct family member, or employee of a licensee whose license has been suspended or revoked and who was responsible for, or participated in, the violation upon which the license was suspended or revoked will not be licensed within the same period during which the suspension or revocation is in effect.

(B) Any facility involved in an order of suspension or revocation shall— 1. Not be used for licensed activity; and 2. Not be licensed under his/her name, or in any other manner within the period during which the suspension or revocation is in effect.

3. Not buy, sell, trade, barter, broker, transport, board, exhibit, or deliver for transportation any animal during the period of license suspension or revocation.

(C) Any person whose license has been suspended or revoked may apply in writing to the director for reinstatement of his/ her license.

(7) Denial of Initial License Application.

(A) A license will not be issued to any applicant who— 1. Is not in total compliance with the rules and the standards set forth in 2 CSR 30-9, including the payment of fees;

A. An initial applicant for license will be allowed a maximum of three (3) inspections and a period of up to ninety (90) days from the date of the first inspection in which to attain total compliance with the rules and standards prior to denial of license. Failure of these inspections would not subject an initial applicant to the one hundred dollar ($100)-penalty fee for failed inspections. However, initial license fee will not be returned and subsequent applications must be accompanied with another initial license fee; and B. Persons denied a license under subparagraph (7)

(A)1.A. may reapply after six (6) months from the date of the last failed inspection.

2. Has had a license revoked or is currently under suspension;

3. Has been fined, sentenced to jail, or pled no contest under state or local animal cruelty laws within one (1) year of application, except that if no penalty is imposed as a result of a no contest plea, the applicant may reapply immediately; or 4. Has made any false or fraudulent statements or provided any false or fraudulent records to the department.

(B) Any applicant whose initial license has been denied may request an administrative hearing in accordance with Chapter 536, RSMo, for the purpose of showing why the application should not be denied. If the license denial is upheld, the applicant may reapply for license one (1) year from the date of the denial. No partnership, firm, corporation, or other legal entity in which a person whose license application has been denied has a substantial interest, financial or otherwise, will be licensed within one (1) year of denial.

(8) Attending Veterinarian and Adequate Veterinary Care.

(A) Each licensee shall have an attending veterinarian who shall provide adequate veterinary care to animals covered under the rules in 2 CSR 30-9.020 through 2 CSR 30-9.030;

1. Each licensee shall employ an attending veterinarian under formal arrangements. In the case of a part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises of the licensee. Boarding kennels in large metropolitan areas, where twenty-four (24) hour emergency veterinary clinics are in operation, and rotation of veterinary practitioners is essential for good will and referral services, may be exempted from the requirement of a formal arrangement if approved by the state veterinarian. This exemption must be requested in writing and will be approved only on an individual basis.

2. Each licensee shall assure that the attending veterinarian has appropriate authority to ensure the provision of adequate veterinary care and to oversee the adequacy of other aspects of animal care and use.

(B) Each licensee shall establish and maintain programs of adequate veterinary care that include:

1. The availability of appropriate facilities, personnel, equipment, and services to comply with the provisions in 2 CSR 30-9.020 through 2 CSR 30-9.030;

2. The use of appropriate methods to prevent, control, diagnose, and treat diseases and injuries, and the availability of emergency, weekend, and holiday care;

3. Individual health records shall be maintained on all animals above the age of eight (8) weeks or that have been weaned or that have been treated with a medical procedure, whichever occurs first. Litter health records may be kept on litters when littermates are treated with the same medication or procedure. Health records (or a copy) may accompany all animals upon the transfer of ownership;

4. Daily observation of all animals to assess their health and well-being. Provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian; and provided further, that problems of animal health, behavior, and well-being is conveyed to the attending veterinarian in a timely manner;

5. Adequate training and guidance to personnel involved in the care and use of animals. The employer must be certain his/her employees can perform at the level required by these rules; and 6. Adequate pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures.

(C) Each licensee subject to the provisions of section 273.345, RSMo, shall establish and maintain programs of veterinary care that include:

1. Examination as defined in 2 CSR 30-9.010(2)(Y) at least once yearly by a licensed veterinarian, and upon detection of any affliction, a comprehensive examination, diagnosis, and appropriate treatment. Provided however, at the discretion of the attending veterinarian, any subsequent treatment may be carried out by somebody other than the attending veterinarian. An individual health examination shall be prescribed, conducted, and recorded on forms furnished by the state veterinarian;

2. Consultation on sound breeding practices, including a written and signed recommendation on reproductive health for individual female covered dogs that accounts for species, age, and health of the breeding dogs under care of the licensee.

An individual recommendation shall be recorded on forms furnished by the state veterinarian;

3. Animal health and husbandry. Review of disease prevention techniques, vaccination protocols, parasite protocols, pest control, nutrition, euthanasia, and guidance on preventative care. Approval of these practices must be certified by the attending veterinarian and included with the written program of veterinary care; and 4. Approval of an exercise plan developed in accordance with regulations regarding exercise prescribed in these rules and where such plan affords the dog maximum opportunity for outdoor exercise as weather permits.

(D) Each licensee subject to the provisions of section 273.345, RSMo, shall ensure that animals with serious illness or injury as defined in 2 CSR 30-9.010(2)(UU) receive prompt treatment by a licensed veterinarian.

(E) If the state veterinarian or his/her designee finds that an animal or group of animals is suffering from a contagious, communicable, or infectious disease or exposure to a disease, a quarantine to the premises may be issued until the animals meet the provisions for release as established by the state veterinarian.

(F) Animals with obvious signs of disease or injury shall not be sold or shipped (except on the advice of the attending veterinarian and with the knowledge and consent of the purchaser), abandoned, or disposed of in an inhumane manner.

(9) Identification of Animals.

(A) All licensees with a United States Department of Agriculture (USDA) license shall identify their animals as prescribed in the USDA regulations.

(B) All licensees without a USDA license shall identify all dogs and cats held on the premises, purchased, boarded, sheltered, or otherwise acquired, sold, released, given away, or otherwise disposed of or removed from the premises for any reason to or through any person, by one (1) or more of the appropriate methods as follows:

1. By an official tag of the type described in this section affixed to the animal’s neck by means of a collar made of a material generally considered acceptable to pet owners. In general, well fitting collars made of plastic or leather will be acceptable. The use of certain types of chains presently used by some dealers may also be acceptable if sharp edges cannot be felt which may reasonably be expected to cause discomfort to the animal. The use of materials such as wire, elastic, or any other material which may seem to cause discomfort to the animal shall not be used;

2. A distinctive and legible tattoo marking;

3. Puppies or kittens, less than sixteen (16) weeks of age, may be identified by a plastic type collar acceptable to the director which has the information legibly placed on the collar pursuant to this section;

4. Animal shelters, contract kennels, pounds or dog pounds may use distinctive cage cards. Cage cards, if used, must be sequentially numbered, used in sequential order and placed in an area which will prevent animals, water, or cleaning solutions from contacting them or damaging the cards. If cage cards cannot be protected, or if licensee fails to provide proper protection, all animals in his/her facility must be identified by a more permanent method as described in paragraph (9)(B)1.

Each cage card must fully and completely describe the animal to which it is assigned including breed (or an estimate of predominant breed and cross, and the like), size, date of birth or approximate age, sex, color and markings, and any other distinctive feature or marking;

5. Boarding kennels and commercial kennels may use distinctive cage cards. Boarding kennels and commercial kennels may use any abbreviated form of information on the cage cards that meets the needs of their business if all of the information listed in this paragraph is immediately available to the animal caretaker and inspector. Cage cards, if used, must:

A. Be placed in an area which will prevent animals, water, or cleaning solutions from contacting or damaging the cards;

B. Provide a brief description of the animal including name, breed, sex, color, and distinctive markings; and C. Specify any medications with directions for administering, any special needs or instructions, and emergency instructions stating veterinarian of choice and telephone number; and 6. Pet shops may use distinctive cage cards. Cage cards, if used as the primary identification, must be— A. Sequentially numbered and used in sequential order;

B. Placed in an area which will prevent animals, water, or cleaning solutions from contacting them or damaging the cards; and C. Provided with enough information to assure proper identification of all animals in the enclosure and may include information such as a brief description of the animal including breed, sex, date of birth or approximate age, color, and distinctive markings.

(C) All animals shall be officially identified at the time of acquisition, or in the case of puppies or kittens, when weaned or separated from their mother or foster mother. When any licensee has made a reasonable effort to affix an official tag to a cat, as set forth in this section, and has been unable to do so, or when the cat exhibits serious distress from the attachment of the collar and tag, the licensee shall attach the collar and tag to the door of the primary enclosure containing the cat and take measures to maintain the identity of the cat in relation to the tag. Each primary enclosure shall contain no more than one (1) weaned cat without an affixed collar and official tag, unless the cats are identified by a distinctive and legible tattoo or plastictype collar approved by the director.

(D) If an animal is already identified by an official tag or tattoo which has been applied by another licensed entity under USDA or ACFA, the acquiring licensee may continue identifying the animal by the previous identification number, or may replace the previous tag with his/her own official tag or tattoo, in which case, only the new identification number shall be used for all subsequent sales or transactions. In either case, the licensee shall correctly list all old and new numbers or tattoos in his/her records.

(E) Tags must be sequentially numbered, used in sequential order, and must be referenced to a record(s) which completely and accurately identify the source of the animal and any number used by that source to identify the animal, all medical treatments or procedures, and disposition of the animal.

A record of the number used to identify the animal shall accompany the animal at disposition.

(F) No licensee shall use the same identification tag or cage card number for a period of at least five (5) years.

(G) Each official tag shall have the following information embossed or stamped on one (1) side that is easily readable:

1. The information identifying the licensee or facility, for example, AC123456; and 2. The information identifying the animal, for example, 0006.

(H) Licensees must obtain the official tags or cage cards at their own expense.

(I) Each licensee shall be held accountable for all official tags acquired. In the event an official tag is lost from an animal while in the possession of the licensee, the licensee will make every diligent effort to locate and reapply the tag to the proper animal. If the lost tag is not located, the licensee shall affix another official tag to the animal and record both the old and new tag numbers on the official records. Only the new number will be used on subsequent transactions.

(10) Records.

(A) Records for Commercial Breeders, Dealers, Exhibitors, Intermediate Handlers, and Voluntary Licensees.

1. Each commercial breeder, dealer (other than operators of auction sales and brokers to whom animals are consigned), intermediate handlers, exhibitors, and voluntary licensees shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each dog or cat purchased or otherwise acquired, owned, held, or otherwise in his/her possession or control which is transported, euthanized, sold, or otherwise disposed of by that licensee. These records shall include any offspring born of any animal while in his/her possession or under his/her control:

A. The name and complete mailing address of the person from whom a dog or cat was purchased or otherwise received or acquired whether or not the person is required to be licensed or registered under this Act;

B. The USDA and the ACFA license or registration number of the person if s/he is licensed or registered under the Acts. Both USDA and ACFA numbers are required if seller is licensed or registered under both Acts;

C. The vehicle license number and the state, or the driver’s license number and state if s/he is not licensed or registered under either of the Acts;

D. The name and complete mailing address of the person to whom a dog or cat was sold, given, or delivered, and that person’s license or registration number(s) if s/he is licensed or registered under the Acts;

E. The date a dog or cat was acquired or disposed of, or both, and the method of disposition, including by death or euthanasia;

F. The official USDA or ACFA tag number or tattoo assigned to a dog or cat;

G. A description of each dog or cat which shall include:

(I) The species and breed or type;

(II) The sex;

(III) The date of birth or approximate age; and (IV) The color and any distinctive markings;

H. The method of transportation including the name of the initial carrier or intermediate handler or, if a privately owned vehicle is used to transport a dog or cat, the name of the owner of the privately owned vehicle;

I. Records of Dogs and Cats on hand (APHIS Form 7005 or similar form may be used) and Records of Disposition of Dogs or Cats (APHIS Form 7006 or similar form may be used) shall be maintained by commercial breeders, dealers, exhibitors, and voluntary licensees;

J. State approved forms may be used by dealers and exhibitors to make, keep, and maintain the information required by subsection (11)(A) of this rule; and K. One (1) copy of the record containing the information required by this section shall accompany each shipment of any dog or cat purchased or otherwise acquired by a commercial breeder, dealer, or exhibitor. One (1) copy of the record containing the information required by this section shall accompany each shipment of any dog or cat sold or otherwise disposed of by a commercial breeder, dealer, or exhibitor. One (1) copy of the record shall be retained by the commercial breeder, dealer, or exhibitor.

2. Individual medical records shall be maintained on all animals bought, raised, or otherwise obtained, held, kept, maintained, sold, donated, or otherwise disposed of, including by death or euthanasia, which shall specify all treatments and medications given and all procedures performed on the animal, to include reasons for or the condition requiring the treatment, medication, or procedure, and the results of the treatment, medication, or procedure will be included in this record. Litter health records may be kept on litters when all littermates are treated with the same medication or procedure.

Medical records (or a copy) may accompany the animal when sold.

3. All records shall be maintained for a period of one (1) year, (B) Records of Operators of Auction Sales and Brokers.

4. Every broker or operator of an auction sale shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal sold, whether or not a fee or commission is charged:

A. The name and complete mailing address of the person who owned or consigned the animal(s) for sale;

B. The name and complete mailing address of the buyer or consignee who received the animal;

C. The USDA and ACFA license or registration number of the person(s) selling, consigning, buying, or receiving the animals if s/he is licensed or registered under the Acts;

D. The vehicle license number and state or the driver’s license number and state of the person, if s/he is not licensed or registered under the Acts;

E. The date of the consignment;

F. The official USDA or ACFA tag number assigned to the animal(s) under this rule;

G. A description of the animal(s) which shall include:

(I) The species and breed or type;

(II) The sex of the animal;

(III) The date of birth or approximate age; and (IV) The color and any distinctive markings;

H. The auction sales number or records number assigned to the animal; and I. The name, mailing address, any USDA/ACFA license number of all people registering at the auction to buy animals.

2. One (1) copy of the record shall be given to the consignor of each animal, one (1) copy of the record shall be given to the purchaser of each animal, and one (1) copy of the record shall be retained by the broker or operator of the auction sale for each animal sold.

3. All records shall be maintained for a period of one (1) year, (C) Records for Boarding Kennels and Commercial Kennels.

4. Every operator of a boarding kennel or commercial kennel shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal boarded, or otherwise kept or maintained, sold, given, or otherwise disposed of:

A. Name, address, and phone number of pet owner;

B. Emergency contact number;

C. Animal’s name, age, sex, and breed;

D. Vaccination information, with official rabies;

E. Preexisting physical problems;

F. Medication information and instructions;

G. Veterinarian of choice;

H. Special feeding instructions, if needed;

I. Special boarding instructions, if needed;

J. Any additional services to be performed;

K. Date animal received; and L. Date animal released.

2. Animal cage card must be attached to the primary enclosure of every animal being boarded, kept, or maintained.

3. The record of daily health observations, medications, and treatments given and exercise periods shall be maintained.

4. The name and complete mailing address of the person to whom the animal was sold or given, and the USDA or ACFA license numbers, or both, if that person was licensed under the Acts.

5. A copy of the health certificate for each animal shipped interstate.

6. All records shall be maintained for a period of sixty (60) days except on those animals on which a complaint was made by the owner or if some other problem occurred during boarding, those records shall be kept for one (1) year, unless the director requests in writing that they be maintained for a longer period, for the purpose of investigation.

(D) Records for Animal Shelters, Contract Kennels, and Pounds or Dog Pounds.

1. Every operator of an animal shelter, contract kennel, pound, or dog pound shall make, keep, and maintain records or forms which fully and correctly disclose the following information concerning each animal boarded, housed, retained, or otherwise kept or maintained, transported, sold, given, adopted out, released, or otherwise disposed of:

A. The date of acquisition;

B. The name and complete mailing address of the person from whom the animal was obtained;

C. The vehicle license number and state, or the driver’s license number and state of the person delivering the animal;

D. A complete description of the animal including breed or type, sex, size, approximate weight, approximate age, color, and any distinctive markings;

E. Date of disposition and method;

F. The name and complete mailing address of the person to whom the animal was sold, given, released to, or adopted by, and the USDA or ACFA license numbers, or both, if the person was licensed under the Acts;

G. Spay or neuter contract; and H. Veterinary certification of spay or neuter.

2. Animal cage card must be attached to the primary enclosure of every animal being held, retained, kept, or maintained.

3. The record of daily health observations, medications and treatments given, and exercise periods shall be maintained.

4. All records shall be maintained for a period of one (1) year, (E) Records for Pet Shops.

5. Every operator of a pet shop shall make, keep, and maintain records or forms which fully and correctly disclose the following concerning each animal purchased or otherwise acquired, kept or maintained, transported, sold, given, released, or otherwise disposed of— A. The name and complete mailing address of the person from whom the animal was obtained;

B. The USDA or ACFA license number, or both, of the seller if s/he was licensed under the Acts;

C. The vehicle license number and state, or the driver’s license number and state of the person delivering the animal if the seller is not licensed under the Acts;

D. A complete description of the animal, including breed or type, sex, size, approximate weight, or a combination of these, date of birth or approximate age, color, and any distinctive markings, including any official tag number or tattoo markings;

E. Date of acquisition;

F. Date of disposition and method; and G. The name and complete mailing address and telephone number of the person to whom the animal was sold, given, released to, or otherwise disposed of.

2. Animal cage card, if used, must be attached to the primary enclosure of every animal being held, retained, kept, or maintained.

3. The record of daily health observations, medications, and treatments given shall be maintained.

4. Shot records and a copy of treatment, medications, and medical procedures performed on the animal, while in the possession of the licensee, may be furnished to the retail pet purchaser. Medical records, to the extent possible may accompany the animal when sold.

5. All records shall be maintained for a period of one (1) year, (F) Records for Carriers and Intermediate Handlers. In connection with all live dogs or cats delivered for transportation, in commerce to any carrier or intermediate handler, by any commercial breeder, dealer, research facility, exhibitor, operator of an auction sale, broker, pet shop, or any other person licensed under the ACFA, or department, agency, or instrumentality of the United States or of any state or local government, the accepting carrier or intermediate handler shall keep and maintain a copy of the health certificate completed in accordance with state and federal regulations, tendered with each live dog or cat.

(G) Health Certification and Identification.

1. No commercial breeder, dealer, exhibitor, operator of an auction sale, broker, pet shop, research facility, voluntary licensee, or any department, agency, or instrumentality of the United States or of any state or local government shall deliver to any intermediate handler or carrier for transportation in interstate commerce or shall transport in interstate commerce any dog or cat unless the dog or cat is accompanied by a health certificate executed and issued by a licensed veterinarian. The health certificate shall state that— A. The licensed veterinarian inspected the dog or cat on a specified date which shall not be more than ten (10) days prior to the delivery of the dog or cat for transportation; and B. When so inspected, the dog or cat appeared to the licensed veterinarian to be free of any infectious disease or physical abnormality which would endanger the animal(s) or endanger public health.

2. No intermediate handler or carrier to whom any live dog or cat is delivered for transportation by any commercial breeder, dealer, exhibitor, broker, pet shop, research facility, operator of an auction sale, or any department, agency, or instrumentality of the United States or any state or local government shall receive a live dog or cat for transportation in interstate commerce, unless and until it is accompanied by a health certificate issued by a licensed veterinarian.

3. State approved forms may be used for health certification by a licensed veterinarian as required by this section.

4. Intrastate shipments, which at no time leave the state, may utilize an owner/shipper statement in lieu of a health certificate. The owner/shipper statement must specify the date of shipment, name, address, phone number, and ACFA/ USDA license numbers of consignor and consignee of the shipment, specify species and list each animal in the shipment by its individual ACFA/USDA number, breed, age, sex, color, and distinctive markings, vaccination history, and certify—“To the best of my knowledge, all animals in this shipment are healthy and have not been exposed to an infectious or contagious disease.” The statement must contain the signature, printed name, address, and phone number of the certifying individual.

(H) Disposition of Records.

1. No licensee, for a period of one (1) year, shall destroy or dispose of, without the consent in writing of the director, any books, records, documents, or other papers required to be kept and maintained under the ACFA and this rule.

2. Unless otherwise specified, the records required to be kept and maintained under this rule shall be held for one (1) year after an animal is euthanized or disposed of and for any period in excess of one (1) year as necessary to comply with any applicable federal, state, or local laws. Whenever the director notifies the licensee in writing that specified records shall be retained pending completion of an investigation or proceeding under the ACFA, the licensee shall hold those records until their disposition is authorized by the director.

3. Any person subject to the provisions of section 273.345, RSMo, shall maintain all veterinary records and sales records for the most recent previous two (2) years. These records shall be made available to the state veterinarian, a state or local animal welfare official, or a law enforcement agent upon request.

(11) Compliance With Standards and Holding Periods. Each licensee shall comply in all respects with the standards set forth in 2 CSR 30-9.020 through 2 CSR 30-9.030 for the humane handling, care, treatment, housing, and transportation of (12) Holding Period.

(A) Any live dog or cat, other than owner-relinquished or feral animals which are not known to have bitten anyone within the preceding ten (10) days, acquired by an animal shelter or contract kennel shall be held for a period of not less than five (5) business days before offering for adoption or euthanasia.

(B) Any live dog or cat acquired by a commercial breeder, dealer, exhibitor, or pet shop shall be held under his/her supervision and control, for a period of not less than five (5) full days, not including the day of acquisition, after acquiring the animal, excluding time in transit.

(C) Any dog or cat presented for euthanasia by its owner or any animal suffering from disease, emaciation, or injury may be destroyed by euthanasia prior to the completion of the holding period required by this section.

(D) Any dog or cat, one hundred twenty (120) days of age or less, that was obtained from the person that bred and raised the animal, may be exempted from the five- (5-) day holding requirement and may be sold or otherwise disposed of by a licensee after a minimum holding period of twenty-four (24) hours, excluding time in transit. Each subsequent licensee must also hold that animal for a minimum of twenty-four (24) hours excluding time in transit. Intermediate handlers who obtain an animal one hundred twenty (120) days of age or less, only in conjunction with its transportation in commerce will be exempt from the twenty-four- (24-) hour holding period.

(E) During the period in which any animal is being held as required by this section, the animal shall be unloaded from any means of conveyance in which it was received, for food, water, and rest, and shall be handled, cared for, and treated in accordance with 2 CSR 30-9.020 through 2 CSR 30-9.030.

(13) Miscellaneous.

(A) Information as to business shall be furnished by all licensees. Each licensee shall furnish to any department official any information concerning the business of the licensee which the department official may request in connection with the enforcement of the provisions of the ACFA and 2 CSR 30-9.020 through 2 CSR 30-9.030.

(B) Access and Inspection of Records and Property. Each licensee, during business hours, shall allow department officials to— 1. Enter its place of business;

2. Examine records required to be kept in accordance with the ACFA and this rule;

3. Make copies of the records;

4. Inspect and photograph the facilities, property, and animals as the department officials consider necessary to enforce the provisions of the ACFA and the standards in 2 CSR 30-9.020 through 2 CSR 30-9.030; and 5. Document, by the taking of photographs and other means, conditions and areas of noncompliance.

(C) Inspection for Missing Animals. Each licensee shall allow, upon request and during business hours, police or officers of other law enforcement agencies with general law enforcement

1. The police or other law officer shall furnish to the licensee a written description of the missing animal and the name and address of its owner before making a search; and 2. The police or other law officer shall abide by all security measures required by the licensee to prevent the spread of disease, including the use of sterile clothing, footwear, and masks where required, or to prevent the escape of an animal.

(D) Confiscation and Destruction of Animals.

1. If an animal being held by a licensee or transported by a carrier is found by a department official to be suffering as a result of the failure of the licensee or carrier to comply with any provisions of the ACFA or the standards set forth in 2 CSR 30-9.020 through 2 CSR 30-9.030, the department official shall make a reasonable effort to notify the licensee of the condition of the animal(s) and request that the condition be corrected and that adequate care be given to alleviate the animal’s suffering or distress, or that the animal(s) be destroyed by euthanasia. In the event that the licensee refuses to comply with this request, the department official may confiscate the animal(s) for care, treatment, or disposal as indicated in this

section, if, in the opinion of the director, the circumstances indicate the animal’s health is in danger.

2. In the event that the department official is unable to locate or notify the licensee as required in this section, the department official shall contact a local police or other law officer to accompany him/her to the premises and shall provide for adequate care when necessary to alleviate the animal’s suffering. If in the opinion of the director, the condition of the animal(s) cannot be corrected by this temporary care, the department official shall confiscate the animal(s).

3. Confiscated animals may be placed, by sale or donation, with other licensees or registrants who are in compliance with the ACFA and the standards in 2 CSR 30-9.020 through

History

• authority (not those agencies whose duties are limited to enforcement of local animal rules) to enter his/her place of business to inspect animals and records for the purpose of seeking animals that are missing, under the following conditions:

2 CSR 30-9.030 and can provide proper care, or they may be euthanized. The licensee from whom the animals were confiscated shall bear all costs incurred in performing the placement or euthanasia activities authorized by this rule. {#sec-2-csr-30-9.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.030}

(E) Minimum Age Requirements. No dog or cat shall be delivered by any person to any carrier or intermediate handler for transportation, in commerce, or shall be transported in commerce by any person, except to a registered research facility, unless that dog or cat is at least eight (8) weeks of age and has been weaned.

(F) Handling of Animals.

1. All handling and public exhibition of animals shall be in accordance with Code of Federal Regulations, Title 9, Chapter 1, Subchapter A, Part 2, Subpart I, Section 2.131.

2. All euthanasia of animals shall be accomplished by a method approved by the AVMA Guidelines for the Euthanasia of Animals: 2013 Edition, as incorporated by reference in this rule, as published by the American Veterinary Medical Association, 1931 N Meacham Road, Schaumburg, IL 60173, phone number: 1-800-248-2862, website: www.avma.org. This rule does not incorporate any later amendments or additions.

(14) Procurement of Dogs and Cats by Licensees.

(A) A dealer may obtain dogs and cats from within this state only from other licensees who are licensed under the ACFA in accordance with this rule or exempt sources.

(B) No person shall obtain live dogs or cats by use of false pretenses, misrepresentation, or deception.

(15) Exotic Animals. Exotic animals as defined in rules promulgated under the ACFA shall be permitted, as may be required by, and maintained under the rules and standards of the Missouri Department of Conservation and the regulations and standards of the USDA.

rule filed Jan. 13, 1994, effective Aug. 28, 1994. Amended: Filed Oct. 24, 1994, effective May 28, 1995. Amended: Filed Nov. 30, 1995, effective July 30, 1996. Amended: Filed May 15, 2003, effective Dec. 30, 2003. Emergency amendment filed Dec. 7, 2010, effective Dec. 17, 2010, expired June 14, 2011. Amended: Filed Dec. 7, 2010, effective July 30, 2011. Emergency amendment filed July 11, 2011, effective July 21, 2011, expired Feb. 23, 2012. Amended: Filed July 22, 2011, effective Jan. 30, 2012. Amended: Filed Jan. 21, 2016, effective Aug. 30, 2016. Amended: Filed Nov. 25, 2019, effective July 30, 2020.

2 CSR 30-9.030 Animal Care Facilities Minimum Standards of Operation and Transportation {#sec-2-csr-30-9.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.030}

PURPOSE: This rule sets forth the minimum standards for operation of animal care facilities and the transportation of (1) Facilities and Operating Standards.

(A) Housing Facilities, General.

1. Structure and construction. Housing facilities for dogs and cats must be designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the animals from injury, contain the animals securely, and restrict other animals from entering.

2. Condition and site. Housing facilities and areas used for storing animal food or bedding must be free of any accumulation of trash, waste material, junk, weeds, and other discarded materials. Animal areas inside of housing facilities must be kept neat and free of clutter, including equipment, furniture, and stored material, but may contain materials actually used and necessary for cleaning the area, and fixtures or equipment necessary for proper husbandry practices.

Housing facilities must be physically separated from any other business, like fur business, rabbitries, poultry operations and the like, located on the same premises so that animals the size of dogs, skunks, and raccoons are prevented from entering it.

3. Surfaces.

A. General requirements. The surfaces of housing facilities including houses, dens, and other furniture-type fixtures and objects within the facility must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs or cats must be free of— (I) Excessive rust that prevents the required cleaning and sanitization or that affects the structural strength of the surface; and (II) Jagged edges or sharp points that might injure the B. Maintenance and replacement of surfaces. All surfaces must be maintained on a regular basis. Surfaces of housing facilities including houses, dens, and other furniture-type fixtures and objects within the facility that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.

C. Cleaning. Hard surfaces with which the dogs or cats come in contact must be spot-cleaned daily and sanitized in accordance with this section to prevent accumulation of excreta and reduce disease hazards. Floors made of dirt, absorbent bedding, sand, gravel, grass or other similar material must be raked or spot-cleaned with sufficient frequency to ensure all animals the freedom to avoid contact with excreta.

Contaminated material must be replaced whenever this raking and spot-cleaning is not sufficient to prevent or eliminate odors, insects, pests or vermin infestation. All other surfaces of housing facilities must be cleaned and sanitized when necessary to satisfy generally accepted husbandry standards and practices. Sanitization may be done using any of the methods provided in this rule for primary enclosures.

4. Water and electric power. The housing facility must have reliable electric power adequate for heating, cooling, ventilation, and lighting, and for carrying out other husbandry requirements in accordance with 2 CSR 30-9. The housing facility must provide adequate potable running water for the animals’ drinking needs, for cleaning, and for carrying out other husbandry requirements.

5. Storage.

A. Supplies of food and bedding must be stored outside the animal area and in a manner that protects the supplies from spoilage, contaminations, and vermin infestation. The supplies must be stored off the floor and away from the walls, to allow cleaning underneath and around the supplies. Foods requiring refrigeration must be stored accordingly, and all food must be stored in a manner that prevents contamination and deterioration of its nutritive value. All open supplies of food and bedding must be kept in leakproof containers with tightly fitting lids to prevent contamination and spoilage. Only food and bedding that is currently being used may be kept in the animal areas.

B. Chemicals used for normal husbandry practices, cleaning, disinfecting, and the like, that may be toxic to the animals must not be stored in food storage or food preparation areas, but may be stored in adjacent rooms or in secure cabinets in the animal areas. All chemicals and mixing containers must be clearly labeled.

C. All medications must be stored in clean, dust restricting cabinets with well-fitting doors or other suitable container with well-fitting lid or top. All medications must be clearly marked, or labeled with patient’s name and directions if issued for a specific animal. Manufacturers’ labels, including expiration date, shall not be removed or defaced. Medications such as dips and rinses and those marked for external use only, may be stored in the same cabinet but must be physically separated from other medications.

6. Drainage and waste disposal. Housing facility operators must provide for regular and frequent collection, removal, and disposal of animal and food waste, bedding, debris, garbage, water, other fluids and wastes, and dead animals, in a manner that minimizes contamination and disease risks. Housing facilities must be equipped with disposal facilities and drainage systems that are constructed and operated so that animal waste and water are rapidly eliminated and animals stay dry.

Disposal and drainage systems must minimize vermin and pest infestation, insects, odors, and disease hazards. All drains must be properly constructed, installed, and maintained. If closed drainage systems are used, they must be equipped with traps and prevent the backflow of gases and the backup of sewage onto the floor. If the facility uses sump or settlement ponds, or other similar systems for drainage and animal waste disposal, the system must be located far enough away from the animal area of the housing facility to prevent odors, diseases, pests and vermin infestation. Standing puddles of water in animal enclosures and adjacent areas must be drained or mopped up so that the animals stay dry. Trash containers in housing facilities, food storage, and food preparation areas must be leakproof and must have tightly fitted lids on them at all times.

Dead animals, animal parts, and animal waste must not be kept in food storage or food preparation areas, food freezers, food refrigerators, or animal areas.

7. Washrooms and sinks. Washing facilities such as washrooms, basins, sinks, or showers (as needed) must be provided for animal caretakers and must be readily accessible.

8. Fire detection and extinguishers.

A. All indoor housing facilities and the indoor portion of sheltered housing facilities shall be equipped with properly maintained smoke or heat detection devices and extinguishers.

Type, number, and location of the detectors and extinguishers shall be in accordance with the National Fire Code and local fire codes.

(B) Indoor Housing Facilities.

1. Heating, cooling, and temperature. Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature extremes and to provide for their health and well-being.

When animals are present, the ambient temperature in the facility must not fall below fifty degrees Fahrenheit (50°F) or ten degrees Celsius (10°C) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds) and for sick, aged, young, or infirm animals, except as approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50°F) or ten degrees Celsius (10°C). The ambient temperature must not fall below forty-five degrees Fahrenheit (45°F) or seven and two-tenths degrees Celsius (7.2°C) for more than four (4) consecutive hours when animals are present and must not rise above eighty-five degrees Fahrenheit (85°F) or twenty-nine point five degrees Celsius (29.5°C) for more than four (4) consecutive hours when animals are present.

2. Ventilation. Indoor housing facilities for animals must be sufficiently ventilated at all times when animals are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation.

Ventilation must be provided by windows, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is eighty-five degrees Fahrenheit (85°F) or twenty-nine point five degrees Celsius (29.5°C) or higher. The relative humidity must be maintained at a level that ensures the health and well-being of dogs or cats housed in the facility, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices.

3. Lighting. Indoor housing facilities for animals must be lighted well enough to permit routine inspection, cleaning of the facility, and observation of the animals. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the animals from excessive light.

4. Interior surfaces. The floors and walls of indoor housing facilities and any other surfaces in contact with the animals must be impervious to moisture. The ceilings of indoor housing facilities must be impervious to moisture or be replaceable, for example, a suspended ceiling with replaceable panels.

(C) Sheltered Housing Facilities.

1. Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for animals must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature extremes and to provide for their health and well-being. The ambient temperature in the sheltered part of the facility must not fall below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as shorthaired breeds), and for sick, aged, young, or infirm animals, except as approved by the attending veterinarian. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C). The ambient temperature must not fall below forty-five degrees Fahrenheit (45 °F) or seven and two-tenths degrees Celsius (7.2 °C) for more than four (4) consecutive hours when animals are present and must not rise above eighty-five degrees Fahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5 °C) for more than four (4) consecutive hours when animals are present.

2. Ventilation. The enclosed or sheltered part of sheltered housing facilities for animals must be sufficiently ventilated when animals are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning, must be provided when the ambient temperature is eighty-five degrees Fahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5 °C) or higher.

3. Lighting. Sheltered housing facilities for animals must be lighted well enough to permit routine inspection and cleaning of the facility and observation of the animals. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals. Primary enclosures must be placed so as to protect the animals from excessive light.

4. Shelter from the elements. Animals must be provided with adequate shelter from the elements at all times to protect their health and well-being. The shelter structures must be large enough to allow each animal to sit, stand, and lie in a normal manner and to turn about freely.

5. Surfaces.

A. The following areas in sheltered housing facilities must be impervious to moisture:

(I) Indoor floor areas in contact with the animals;

(II) Outdoor floor areas in contact with the animals, when the floor areas are not exposed to the direct sun or are made of a hard material such as wire, wood, metal, or concrete; and (III) All walls, boxes, houses, dens, and other surfaces in contact with the animals.

B. Outside floor areas in contact with the animals and exposed to the direct sun may not consist of bare dirt or sand and must have adequate drainage.

(D) Outdoor Housing Facilities.

1. Restrictions. The following categories of animals must not be kept in outdoor facilities, unless that practice is specifically approved by the attending veterinarian:

A. Animals that are not acclimated to the temperatures prevalent in the area or region where they are maintained;

B. Animal breeds that cannot tolerate the prevalent temperatures of the area without stress or discomfort (such as short-haired breeds in cold climates);

C. Sick, infirm, aged, or young animals; and D. When their acclimation status is unknown, animals must not be kept in outdoor facilities when the ambient temperature is less than fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C).

2. Shelter from the elements. Outdoor facilities for animals must include one (1) or more shelter structures that are accessible to each animal in each outdoor facility and that are large enough to allow each animal in the shelter structure to sit, stand, lie in a normal manner, and to turn about freely.

In addition to the shelter structures, one (1) or more separate outside areas of shade must be provided by means of trees, permanent awnings, or suspended shade cloth or heavy duty tarps in good repair and firmly secured to a frame, large enough to contain all the animals at once and protect them from the direct rays of the sun. Tarps kept firmly secure and in good repair may be used as windbreaks. Shelters in outdoor facilities for animals must contain a roof, four (4) sides, and a floor and must— A. Provide the animals with adequate protection and shelter from the cold and heat;

B. Provide the animals with protection from the direct rays of the sun and the direct effect of wind, rain, or snow;

C. Be provided with a wind break and rain break at the entrance; and D. Contain clean, dry bedding material if the ambient temperature is below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C). Additional clean, dry bedding is required when the temperature is thirty-five degrees Fahrenheit (35 °F) or one and seven-tenths degrees Celsius (1.7 °C) or lower.

3. Construction. Building surfaces in contact with animals in outdoor housing facilities must be impervious to moisture.

Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures. The floors of outdoor housing facilities may not be of bare dirt or sand; must have adequate drainage; and must be replaced if there are any prevalent odors, diseases, insects, pests, or vermin. All surfaces must be maintained on a regular basis. Surfaces of outdoor housing facilities, including houses, dens, and the like, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled. If aggregate or fine gravel is used for flooring, it must be appropriate to the size of the dog.

(E) Mobile or Traveling Facilities.

1. Heating, cooling, and temperature. Mobile or traveling housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature extremes and to provide for their health and wellbeing. The ambient temperature in the mobile or traveling housing facility must not fall below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C) for animals not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as shorthaired breeds) and for sick, aged, young, or infirm animals. Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below fifty degrees Fahrenheit (50 °F) or ten degrees Celsius (10 °C). The ambient temperature must not fall below forty-five degrees Fahrenheit (45 °F) or seven and two-tenths degrees Celsius (7.2 °C) for more than four (4) consecutive hours when animals are present, and must not exceed eighty-five degrees Fahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5 °C) for more than four (4) consecutive hours when animals are present.

2. Ventilation. Mobile or traveling housing facilities for animals must be sufficiently ventilated at all times when animals are present to provide for the health and well-being of the animals and to minimize odors, drafts, ammonia levels, moisture condensation, and exhaust fumes. Ventilation must be provided by means of windows, doors, vents, fans, or air conditioning. Auxiliary ventilation such as fans, blowers, or air conditioning must be provided when the ambient temperature within the animal housing area is eighty-five degrees Fahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5 °C) or higher.

3. Lighting. Mobile or traveling housing facilities for animals must be lighted well enough to permit proper cleaning and inspection of the facility and observation of the animals.

Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout animal facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning, adequate inspection of animals, and for the well-being of the animals.

(F) Primary Enclosures. Primary enclosures for animals must meet the following minimum requirements:

1. General requirements.

A. Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosure must be kept in good repair.

B. Primary enclosures must be constructed and maintained so that they— (I) Have no sharp points or edges that could injure the animals;

(II) Protect the animals from injury;

(III) Contain the animals securely;

(IV) Keep other animals from entering the enclosure;

(V) Enable the animals to remain dry and clean;

(VI) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the animals;

(VII) Provide sufficient shade to shelter all the animals housed in the primary enclosure at one time;

(VIII) Provide all the animals with easy and convenient access to clean food and water;

(IX) Enable all surfaces in contact with the animals to be readily cleaned and sanitized in accordance with this rule, or be replaceable when worn or soiled;

(X) Have floors that are constructed in a manner that protects the animals’ feet and legs from injury and that, if elevated construction, must be constructed of materials strong enough to prevent sagging and with a mesh small enough that will not allow the animals’ feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of elevated flooring, a solid resting surface(s) or a perforated surface(s) with holes small enough to prevent any portion of the animals’ feet or toes to pass through that, in the aggregate, is large enough to hold all the occupants of the primary enclosure at the same time comfortably must be provided; and (XI) Provide sufficient space to allow each animal to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner.

C. Any primary enclosure subject to the provisions of

section 273.345, RSMo shall meet the following standards for elevated flooring:

(I) Wire strand flooring shall be prohibited;

(II) Slatted flooring must be flat, no less than one and one-half inches (1.5") in width, and constructed of materials strong enough to prevent sagging and with openings that will not allow the animals’ feet to pass through any openings in the floor;

(III) Plastic flooring must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals’ feet to pass through any openings in the floor;

(IV) Metal flooring coated with a flexible plastic surface must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals’ feet to pass through any openings in the floor. The coating must be maintained in such a manner that the animal is not allowed to come into contact with the metal; and (V) Galvanized metal flooring must be constructed of materials strong enough to prevent sagging and with openings that will not allow the animals’ feet to pass through any openings in the floor. Galvanized metal flooring must have a flat surface that is free of rust and sharp points;

2. Additional requirements for cats.

A. Space. Each cat, including weaned kittens, that is housed in any primary enclosure must be provided minimum vertical space and floor space as follows:

(I) Each primary enclosure housing cats must be at least twenty-four inches (24") high or sixty and ninety-six hundredths centimeters (60.96 cm). Temporary housing such as queening cages may be reduced to a height of eighteen inches (18") or forty-five and seventy-two hundredths centimeters (45.72 cm) to reduce injury to kittens;

(II) Cats up to and including eight and eight-tenths (8.8) pounds or four (4) kilograms must be provided with at least three (3.0) square feet or twenty-eight hundredths (0.28) square meters;

(III) Cats over eight and eight-tenths (8.8) pounds or four (4) kilograms must be provided with at least four (4.0) square feet or thirty-seven hundredths (0.37) square meters;

(IV) Each queen with nursing kittens must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined by the attending veterinarian. If the additional amount of floor space for each nursing kitten is equivalent to less than five percent (5%) of the minimum requirement for the queen, the housing must be approved by the state veterinarian; and (V) The minimum floor space required by this section is exclusive of any food or water pans. The litter pan may be considered part of the floor space if properly cleaned and sanitized.

B. Compatibility. All cats housed in the same primary enclosure must be compatible, as determined by observation.

Not more than twelve (12) adult nonconditioned cats may be housed in the same primary enclosure. Queens in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, queens with litters may not be housed in the same primary enclosure with other adult cats, and kittens under four (4) months of age may not be housed in the same primary enclosure with adult cats, other than the dam or foster dam. Cats with a vicious or aggressive disposition must be housed separately.

C. Litter. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes.

D. Resting surfaces. Each primary enclosure housing cats must contain a resting surface(s) that, in the aggregate, is large enough to hold all the occupants of the primary enclosure at the same time comfortably. The resting surfaces must be elevated, impervious to moisture, and be able to be easily cleaned and sanitized or easily replaced when soiled or worn.

(I) Low resting surfaces that do not allow the space under them to be comfortably occupied by the animal will be counted as part of the floor space. Floor space under low resting surfaces shall not be counted as floor space to meet the minimum space requirements.

(II) Elevated resting surfaces will not be required for short-term housing, housed three (3) months or less, facilities such as boarding kennels, commercial kennels, contract kennels, pet shops, and pounds or dog pounds, however, elevated resting surfaces may be properly installed to increase floor space to that required in this rule; and 3. Additional requirements for dogs.

A. Space.

(I) Each dog housed in a primary enclosure (including weaned puppies) must be provided a minimum amount of floor space, calculated as follows: Find the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus six inches (6"); then divide the product by one hundred forty-four (144).

The calculation is: (length of dog in inches plus six (6)) times (length of dog in inches plus six (6)) equals required floor space in square inches. Required floor space in inches divided by one hundred forty-four (144) equals required floor space in square feet.

(II) Each bitch with nursing puppies must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined by the attending veterinarian. If the additional amount of floor space for each nursing puppy is less than five percent (5%) of the minimum requirement for the bitch, this housing must be approved by the state veterinarian.

(III) The interior height of a primary enclosure must be at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position.

(IV) Permanent tethering of dogs is prohibited for use as a primary enclosure. Temporary tethering of dogs is prohibited for use as a primary enclosure unless written approval is obtained from the state veterinarian.

B. Compatibility. All dogs housed in the same primary enclosure must be compatible, as determined by observation.

Not more than twelve (12) adult nonconditioned dogs may be housed in the same primary enclosure. Bitches in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, bitches with litters may not be housed in the same primary enclosure with other adult dogs, and puppies under four (4) months of age may not be housed in the same primary enclosure with adult dogs, other than their dam or foster dam. Dogs with a vicious or aggressive disposition must be housed separately.

C. Additional space requirements for dogs subject to the provisions of section 273.345, RSMo, shall be based upon the minimum amount of floor space as calculated from part (1)

(F)3.A.(I) of this rule and multiplied by factor or added to the total living area as prescribed in this rule.

(I) The minimum allowable space for primary enclosures subject to the provisions of section 273.345, RSMo, shall be calculated as follows:

(a) Dogs housed singly. Any dogs housed singly must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of six (6);

(b) Dogs housed as a pair. Any dogs housed as a pair must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3);

(c) Dogs housed in small groups of three (3) to four (4). Any dogs housed in small groups of three (3) to four (4) shall have the largest two (2) dogs calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3), with each additional dog being provided additional space at one hundred percent (100%) of the same formula; and (d) Dogs housed in large groups of five (5) to six (6).

Any dogs housed in large groups of five (5) to six (6) must have their minimum amount of floor space as calculated from part (1)(F)3.A.(I) of this rule (minimum amount of floor space) and multiplied by a factor of three (3). No more than six (6) adult dogs may be housed in the same primary enclosure.

Common examples under part (1)(F)3.C.(I)

(II) Exemptions.

(a) Covered dogs subject to the provisions of

section 273.345, RSMo, may be exempted from the space requirements of this rule for the purpose of documented treatment for veterinary purposes, provided that they meet space requirements under part (1)(F)3.A.(I) of this rule.

(b) Female covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the space requirements of this rule when they are within two (2) weeks of their whelping date and eight (8) weeks post parturition, provided that they meet space requirements under part (1)

(F)3.A.(II) of this rule.

(2) Animal Health and Husbandry Standards.

(A) Compatible Grouping. Animals that are housed in the same primary enclosure must be compatible, with the following restrictions:

1. Females in heat (estrus) may not be housed in the same primary enclosure with males, except for breeding purposes;

2. Any animal exhibiting a vicious or overly aggressive disposition must be housed separately;

3. Puppies or kittens four (4) months of age or less may not be housed in the same primary enclosure with adult dogs or cats other than their dams or foster dams, except when permanently maintained in breeding colonies;

4. Dogs or cats may not be housed in the same primary enclosure with any other species of animals, unless they are compatible; and 5. Dogs and cats that have or are suspected of having a contagious disease must be isolated from healthy animals in the colony, as directed by the attending veterinarian. When an entire group or room of animals is known to have or believed to be exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment, and control.

(B) Exercise for Dogs.

1. Animal shelters, boarding kennels, commercial kennels, commercial breeders, dealers, exhibitors, and voluntary licensees must develop, document, and follow an appropriate plan to provide dogs with an opportunity for exercise. In addition, the plan must be approved and signed by the licensee and the attending veterinarian. The plan must include written standard procedures to be followed in providing the opportunity for exercise. The plan must be made available to the state veterinarian or his/her designated representative upon request. The plan, at a minimum, must comply with each of the following:

A. Dogs housed individually. Dogs over twelve (12) weeks of age, except bitches with litters, housed, held, or maintained by any animal shelter, boarding kennel, commercial kennel, commercial breeder, dealer, exhibitor, or voluntary licensee must be provided the opportunity for exercise regularly if they are kept in individual cages, pens, or runs that provide less than two (2) times the required floor space for that dog, as prescribed in this rule; and B. Dogs housed in groups. Dogs over twelve (12) weeks of age housed, held, or maintained in groups by any dealer or exhibitor do not require additional opportunity for exercise regularly if they are maintained in cages, pens, or runs that provide in total at least one hundred percent (100%) of the required space for each dog if maintained separately. These animals may be maintained in compatible groups unless— (I) In the opinion of the attending veterinarian, this housing would adversely affect the health or well-being of the dogs(s); or (II) Any dog exhibits aggressive or vicious behavior.

2. Methods and period of providing exercise opportunity.

A. The frequency, method, and duration of the opportunity for exercise shall be determined by the attending veterinarian.

B. Licensees, in developing their plan, should consider providing positive physical contact with humans that encourages exercise through play or other similar activities.

If a dog is housed, held, or maintained at a facility without sensory contact with another dog, it must be provided with positive physical contact with humans at least daily.

C. The opportunity for exercise may be provided in a number of ways, such as— (I) Group housing in cages, pens, or runs that provide at least one hundred percent (100%) of the required space for each dog if maintained separately under the minimum floor space requirements of this rule;

(II) Maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum amount of floor space required by this rule;

(III) Providing access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or (IV) Other similar activities.

D. Forced exercise methods or devices such as swimming, treadmills, or carousel-type devices are unacceptable for meeting the requirements of this section.

3. Exemptions. If, in the opinion of the attending veterinarian, it is inappropriate for certain dogs to exercise because of their health, condition, or well-being, the licensee may be exempted from meeting the requirements of this section for those specific dogs. This exemption must be documented by the attending veterinarian and, unless the basis for exemption is a permanent condition, must be reviewed and signed at least every thirty (30) days by the attending veterinarian.

4. Constant and unfettered access. Except as prescribed herein by rule, commercial breeders with more than ten (10) intact females must provide covered dogs with constant and unfettered access to an attached outdoor run. The following general exemptions shall apply to constant and unfettered access:

A. Purposes of veterinary care. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from the requirement of constant and unfettered access to outdoor exercise for the purpose of documented treatment for veterinary purposes;

B. Whelping. Female covered dogs subject to the exercise when they are within two (2) weeks of their whelping date and eight (8) weeks post parturition;

C. Extreme weather. Covered dogs subject to the Single Pair Group of 3 Group of 4 Group of 5 Group of 6 18 inch dog 24 sq ft 24 sq ft 28 sq ft 32 sq ft 60 sq ft 72 sq ft 30 inch dog 54 sq ft 54 sq ft 63 sq ft 72 sq ft 135 sq ft 162 sq ft 42 inch dog 96 sq ft 96 sq ft 112 sq ft 128 sq ft 240 sq ft 288 sq ft exercise during extreme weather conditions as defined under 2 CSR 30-9.010(2)(CC);

D. Nocturnal predators. Covered dogs subject to the exercise from dusk to dawn; and E. Municipal zoning ordinances. Covered dogs subject to the provisions of section 273.345, RSMo, may be exempted from exercise to comply with municipal zoning ordinances.

(C) Feeding.

1. Animals must be fed at least once each twelve (12) hours, unless the dietary requirements of the species require a longer interval and except as otherwise might be required to provide adequate veterinary care. The food must be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet must be appropriate for the individual animal’s age and condition.

2. Food receptacles used for animals must be readily accessible to all animals and must be located so as to minimize contamination by excreta and pests and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or disposable.

If the food receptacles are not disposable, they must be kept clean and must be sanitized in accordance with this rule. If the food receptacles are disposable, they must be discarded after one (1) use. Self-feeders may be used for the feeding of dry food. If self-feeders are used, they must be kept clean and must be sanitized in accordance with this rule. Measures must be taken to ensure that there is no molding, deterioration, and caking of feed.

(D) Watering.

1. Each licensee subject to the provisions of section 273.345, RSMo, shall provide continuous access to potable water that is not frozen and is generally free of debris, feces, algae, and other contaminants.

2. If potable water is not continually available to the animals, it must be offered to the animals as often as necessary to ensure their health and well-being, but not less than once each eight (8) hours for at least one (1) hour each time, unless restricted by the attending veterinarian.

3. Water receptacles must be kept clean and sanitized in accordance with this rule and before being used to water a different animal or social grouping of animals.

(E) Cleaning, Sanitization, Housekeeping, and Pest Control.

1. Cleaning of primary enclosures.

A. Excreta and food waste must be removed from primary enclosures daily and from under primary enclosures as often as necessary to prevent an excessive accumulation of feces and food waste, to prevent soiling of the animals contained in the primary enclosures, and to reduce disease hazards, insects, pests, and odors.

B. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, animals must be removed unless the enclosure is large enough to ensure the animals would not be harmed, wetted, or distressed in the process.

C. Standing water must be removed from the primary enclosure and adjacent areas.

D. Animals in other primary enclosures must be protected from being contaminated with water and other wastes during the cleaning.

E. The pans under primary enclosures with elevated floors and the ground areas under raised runs must be cleaned as often as necessary to prevent accumulation of feces and food waste and to reduce disease hazards, pests, insects, and odors.

F. Any person required to have a license under sections 273.325 to 273.357, RSMo, who houses animals in stacked cages without an impervious barrier between the levels of such cages, except when cleaning such cages, is guilty of a class A misdemeanor.

2. Sanitization of primary enclosures and food and water receptacles.

A. Used primary enclosures and food and water receptacles must be cleaned and sanitized in accordance with this section before they can be used to house, feed, or water another animal, or social grouping of animals.

B. Used primary enclosures and food and water receptacles for animals must be sanitized at least once every two (2) weeks using one (1) of the methods prescribed in this

section, and more often if necessary to prevent accumulation of dirt, debris, food waste, excreta, and other disease hazards.

C. Hard surfaces of primary enclosures and food and water receptacles must be sanitized using one (1) of the following methods:

(I) Live steam under pressure;

(II) Washing with hot water (at least one hundred eighty degrees Fahrenheit (180 °F) or eighty-two and twotenths degrees Celsius (82.2 °C)) and soap or detergent, as with a mechanical cage washer; or (III) Washing all soiled surfaces with appropriate detergent solutions and disinfectants, or by using a combination detergent/disinfectant product that accomplishes the same

purpose, with a thorough cleaning of the surfaces to remove organic material, so as to remove all organic material and mineral build-up, and to provide sanitization followed by a clean water rinse.

D. Pens, runs, and outdoor housing areas using material that cannot be sanitized using the methods previously stated, such as gravel, sand, grass, earth, or absorbent bedding, must be sanitized by removing the contaminated material as necessary to prevent odors, diseases, pests, insects, and vermin infestation.

3. Housekeeping for premises. Premises where housing facilities are located, including buildings and surrounding grounds, must be kept clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required in this rule, and to reduce or eliminate breeding and living areas from rodents and other pests and vermin. Premises must be kept free of accumulations of trash, junk, waste products, and discarded matter. Weeds, grasses, and bushes must be controlled so as to facilitate cleaning of the premises and pest control and to protect the health and well-being of the animals.

4. Pest control. An effective program for the control of insects, external parasites affecting dogs and cats, and birds and mammals that are pests must be established and maintained so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas.

(F) Employees. Each person licensed under the provisions of the Animal Care Facilities Act (ACFA) and who is maintaining dogs or cats, or both, must have enough employees to carry out the level of husbandry practices and care required by this

rule. The employees who provide for husbandry and care or handle animals must be properly trained in these activities to the degree that their work performance ensures all standards are met in maintaining of the animals. These employees shall be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of dogs and cats to supervise others. The employer must be certain that the supervisor and other employees can perform to these standards.

(G) Primary Enclosures When Homes Are Used as Animal Facilities.

1. General requirements. Homes used as an animal housing facility must be the homes normally occupied by the human inhabitant responsible for caring for the animal(s) and must be adequate and suitable for reasonable prudent humans to live in without health or injury risks above those expected in a well managed home. Houses shall not be compartmentalized except to restrict entry into areas which may be hazardous to the animals. Areas compartmentalized from the main living area occupied by the human inhabitants shall not be used as animal areas unless they meet the standards of indoor housing facilities. The temperature in home housing facilities must be maintained between sixty degrees and eighty-five degrees Fahrenheit (60 °–85 °F) at all times when animals are present.

A. Dogs and/or cats must be compatible to be housed in the same home.

B. The home must be equipped with smoke or heat detectors.

C. Homes must be kept free of fleas and ticks.

2. Space and additional requirements.

A. Cages or crates used to contain animals for short periods of time within the home must be large enough to permit the animal to stand, sit, lie, and turn around in a normal manner and must additionally meet the standards of primary enclosures used to transport live dogs or cats as specified in subsection (3)(B) of this rule.

B. Dogs shall not be caged or crated except:

(I) At night when the caregiver retires;

(II) For short periods of time when the caregiver is away from home or temporarily unable to supervise the animal; or (III) When necessary for medical reasons.

C. Cats shall not be caged or crated unless necessary for medical reasons. If such confinement is expected to be in excess of twenty-four (24) hours, an elevated resting surface as specified in subparagraph (1)(F)2.D. of this rule must be provided unless such resting surface may aggravate the medical condition.

D. House pets being boarded or housed in homes other than their owner’s shall not be tethered inside or outside the house. They shall be on a hand-held leash anytime they are outside the house except that dogs may be unleashed for short periods of time inside a properly fenced yard when under the supervision of the caregiver.

E. When pet animals are being boarded in homes, the pet owner must be permitted to meet the caregiver and see the home, and the area of the home, that the animal will be boarded in.

F. Animal wastes must be cleared from the exercise area on a regular basis and with a frequency that assures animals exercising in the area will not become soiled. If the inside of the home becomes soiled with animal waste, the waste must be cleared and the area cleaned immediately.

G. Animal must be placed in no less than a standard size room per animal. (For example, a four (4) room home will support no more than four (4) animals.)

(3) Transportation Standards.

(A) Consignments to Carriers and Intermediate Handlers.

1. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce more than four (4) hours before the scheduled departure time of the primary conveyance on which the animal is to be transported. However, a carrier or intermediate handler may agree with anyone consigning a dog or cat to extend this time by up to two (2) hours. Animals obtained by intermediate handlers for boarding in conjunction with transportation are exempt from the four- (4-) hour restriction.

2. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless they are provided with the name, address, and telephone number of the consignee.

3. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless the consignor certifies in writing to the carrier or intermediate handler that the dog or cat was offered food and water during the four (4) hours before delivery to the carrier or intermediate handler.

The certification must be securely attached to the outside of the primary enclosure in a manner that makes it easily noticed and read. Instructions for no food or water are not acceptable unless directed by the attending veterinarian. Instructions must be in compliance with this rule. The certification must include the following information for each dog and cat:

A. The consignor’s name and address;

B. The tag number or tattoo assigned to each dog or cat as required in 2 CSR 30-9;

C. The time and date the animal was last fed and watered and the specific instructions for the next feeding(s) and watering(s) for a twenty-four- (24-) hour period; and D. The consignor’s signature and the date and time the certification was signed.

4. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce in a primary enclosure unless the primary enclosure meets the requirements of this

rule. A carrier or intermediate handler must not accept a dog or cat for transport if the primary enclosure is obviously defective or damaged and cannot reasonably be expected to safely and comfortably contain the dog or cat without causing suffering or injury.

5. Carriers and intermediate handlers must not accept a dog or cat for transport in commerce unless their animal holding area meets the minimum temperature requirements contained in this rule, or unless the consignor provides them with a certificate signed by a veterinarian and dated no more than ten (10) days before delivery of the animal to the carrier or intermediate handler for transport in commerce, certifying that the animal is acclimated to temperatures lower than those required in this rule. Even if the carrier or intermediate handler receives this certification, the temperatures the dog or cat is exposed to while in a terminal facility must not be lower than forty-five degrees Fahrenheit (45°F) or seven and two-tenths degrees Celsius (7.2°C) for more than four (4) consecutive hours when dogs or cats are present, as set forth in this rule, nor lower than forty-five degrees Fahrenheit (45°F) or seven and two-tenths degrees Celsius (7.2°C) for more than forty-five (45) minutes when moving dogs or cats to or from terminal facilities or primary conveyances. A copy of the certification must accompany the dog or cat to its destination and must include the following information:

A. The consignor’s name and address;

B. The tag number or tattoo assigned to each dog or cat as required in 2 CSR 30-9;

C. A statement by a veterinarian, dated no more than ten (10) days before delivery, that to the best of his/her knowledge, each of the dogs and cats contained in the primary enclosure is acclimated to air temperatures lower than fifty degrees Fahrenheit (50°F) or ten degrees Celsius (10°C); but not lower than a minimum temperature, specified on a certificate, that the attending veterinarian has determined is based on generally accepted temperature standards for the age, condition, and breed of the dog or cat; and D. The signature of the veterinarian and the date the certification was signed.

6. When a primary enclosure containing a dog or cat has arrived at the animal holding area at a terminal facility after transport, the carrier or intermediate handler must attempt to notify the consignee upon arrival and at least once in every six- (6-) hour period after that. The time, date, and method of all attempted notifications and the actual notification of the consignee, and the name of the person who notifies or attempts to notify the consignee must be written either on the carrier’s or intermediate handler’s copy of the shipping document or on the copy that accompanies the primary enclosure. If the consignee cannot be notified within twenty-four (24) hours after the dog or cat has arrived at the terminal facility, the carrier or intermediate handler must return the animal to the consignor or to whomever the consignor designates. If the consignee is notified of the arrival and does not accept delivery of the dog or cat within forty-eight (48) hours after arrival of the dog or cat, the carrier or intermediate handler must return the animal to the consignor or to whomever the consignor designates. The carrier or intermediate handler must continue to provide proper care, feeding, and housing to the dog or cat in accordance with generally accepted professional and husbandry practices until the consignee accepts delivery of the dog or cat or until it is returned to the consignor or to whomever the consignor designates. The carrier or intermediate handler must obligate the consignor to reimburse the carrier or intermediate handler for the cost of return transportation and care.

(B) Primary Enclosures Used to Transport Live Dogs and Cats.

Any person subject to the ACFA shall not transport or deliver for transport in commerce a dog or cat unless the following requirements are met:

1. Construction of primary enclosures. The dog or cat must be contained in a primary enclosure such as a compartment, transport cage, carton, or crate. Primary enclosures used to transport dogs and cats must be constructed so that— A. The primary enclosure is strong enough to contain the dogs and cats securely and comfortably and to withstand normal rigors of transportation;

B. The interior of the primary enclosure has no sharp points or edges and no protrusions that could injure the animal contained in it;

C. The dog or cat is at all times securely contained within the enclosure and cannot put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers or to persons or animals nearby;

D. The dog or cat can be easily and quickly removed from the enclosure in an emergency;

E. Unless the enclosure is permanently affixed to the conveyance, adequate devices such as handles or handholds are provided on its exterior, and enable the enclosure to be lifted without tilting it, and ensure that anyone handling the enclosure will not come into physical contact with the animal contained inside;

F. Unless the enclosure is permanently affixed to the conveyance, it is clearly marked on top and on one (1) or more sides with the words “Live Animals”, in letters at least one inch (1") or two and five-tenths centimeters (2.5 cm) high and with arrows or other markings to indicate the correct upright position of the primary enclosure;

G. Any material, treatment, paint, preservative, or other chemical used in or on the enclosure is nontoxic to the animal and not harmful to the health or well-being of the animal;

H. Proper ventilation is provided to the animal in accordance with this rule; and I. The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatted or wire floor that prevents seepage of waste products, such as excreta and body fluids, outside of the enclosure. If a slatted or wire mesh floor is used in the enclosure, it must be designed and constructed so that the animal cannot put any part of its body between the slats or through the holes in the mesh.

Unless the dogs and cats are on raised slatted floors or raised floors made of wire mesh, the primary enclosure must contain enough previously unused litter to absorb and cover excreta.

The litter must be of a suitably absorbent material that is safe and nontoxic to the dogs and cats;

2. Cleaning of primary enclosures. A primary enclosure used to hold or transport dogs or cats in commerce must be cleaned and sanitized before each use in accordance with the methods provided in this rule. If the dogs or cats are in transit for more than twenty-four (24) hours, the enclosures must be cleaned and any litter replaced or other methods, such as moving the animals to another enclosure, must be utilized to prevent the soiling of the dogs or cats by body wastes. If it becomes necessary to remove the dog or cat from the enclosure in order to clean, or to move the dog or cat to another enclosure, this procedure must be completed in a way that safeguards the dog or cat from injury and prevents escape;

3. Ventilation.

A. Unless the primary enclosure is permanently affixed to the conveyance, there must be— (I) Ventilation openings located on two (2) opposing walls of the primary enclosure and the openings must be at least sixteen percent (16%) of the surface area of each such wall and the total combined surface area of the ventilation openings must be at least fourteen percent (14%) of the total combined surface area of all the walls of the primary enclosure; or (II) Ventilation openings on three (3) walls of the primary enclosure, and the openings on each of the two (2) opposing walls must be at least eight percent (8%) of the total surface area of the two (2) walls, and the ventilation openings on the third wall of the primary enclosure must be at least fifty percent (50%) of the total surface area of that wall, and the total combined surface area of the ventilation openings must be at least fourteen percent (14%) of the total combined surface area of all the walls of the primary enclosure; or (III) Ventilation openings located on all four (4) walls of the primary enclosure and the ventilation openings on each of the four (4) walls must be at least eight percent (8%) of the total surface area of each such wall, and the total combined surface area of the openings must be at least fourteen percent (14%) of total combined surface area of all the walls of the primary enclosure; and (IV) At least one-third (1/3) of the ventilation area must be located on the upper half of the primary enclosure.

B. Unless the primary enclosure is permanently affixed to the conveyance, projecting rims or similar devices must be located on the exterior of each enclosure wall having a ventilation opening in order to prevent obstruction of the openings. The projecting rims or similar devices must be large enough to provide a minimum air circulation space of zero and seventy-five hundredths inch (0.75") or one and ninetenths centimeters (1.9 cm) between the primary enclosure and anything the enclosure is placed against.

C. If a primary enclosure is permanently affixed to the primary conveyance so that there is only a front ventilation opening for the enclosure, the primary enclosure must be affixed to the primary conveyance in such a way that the front ventilation opening cannot be blocked and the front ventilation opening must open directly to an unobstructed aisle or passageway inside the conveyance. The ventilation opening must be at least ninety percent (90%) of the total area of the front wall of the enclosure, and must be covered with bars, wire mesh, or smooth expanded metal having air spaces;

4. Compatibility.

A. Live dogs or cats transported in the same primary enclosure must be of the same species and be maintained in compatible groups, except that dogs and cats that are private pets, are of comparable size, and are compatible may be transported in the same primary enclosure.

B. Puppies or kittens four (4) months of age or less may not be transported in the same primary enclosure with adult dogs or cats other than their dams.

C. Dogs or cats that are overly aggressive or exhibit a vicious disposition must be transported individually in a primary enclosure.

D. Any female dog or cat in heat (estrus) may not be transported in the same primary enclosure with any male dog or cat;

5. Space and placement.

A. Primary enclosures used to transport live dogs and cats must be large enough to ensure that each animal contained in the primary enclosure has enough space to turn about normally while standing, to stand and sit erect, and to lie in a natural position.

B. Primary enclosures used to transport dogs and cats must be positioned in the primary conveyance so as to provide protection from the elements.

6. Transportation by air.

A. No more than one (1) live dog or cat, six (6) months of age or older, may be transported in the same primary enclosure when shipped via air carrier.

B. No more than one (1) live puppy, eight (8) weeks to six (6) months of age, and weighing over twenty (20) pounds or nine (9) kilograms may be transported in a primary enclosure when shipped via air carrier.

C. No more than two (2) live puppies or kittens, eight (8) weeks to six (6) months of age, that are of comparable size, and weighing twenty (20) pounds or nine (9) kilograms or less each may be transported in the same primary enclosure when shipped via air carrier.

D. Weaned live puppies or kittens less than eight (8) weeks of age and of comparable size, or puppies or kittens that are less than eight (8) weeks of age that are littermates and are accompanied by their dam, may be transported in the same primary enclosure when shipped to research facilities, including federal research facilities;

7. Transportation by surface vehicle or privately owned aircraft.

A. No more than four (4) live dogs or cats, eight (8) weeks of age or older, that are of comparable size, may be transported in the same primary enclosure when shipped by surface vehicle (including ground and water transportation) or privately owned aircraft, and only if all other requirements of this section are met.

B. Weaned live puppies or kittens less than eight (8) weeks of age and of comparable size or puppies or kittens that are less than eight (8) weeks of age that are littermates and are accompanied by their dam may be transported in the same primary enclosure when shipped to research facilities, including federal research facilities, and only if all other requirements in this section are met; and 8. Accompanying documents and records. Shipping documents that must accompany shipments of dogs and cats may be held by the operator of the primary conveyance, for surface transportation only or must be securely attached in a readily accessible manner to the outside of any primary enclosure that is part of the shipment, in a manner that allows them to be detached for examination and securely reattached, such as in a pocket or sleeve. Instructions for administration of drugs, medication, and other special care must be attached to each primary enclosure in a manner that makes them easy to notice, to detach for examination, and to reattach securely.

Food and water instructions must be attached as required in this rule.

(C) Primary conveyances (motor vehicle, rail, air, and marine).

1. The animal cargo space of primary conveyances used to transport dogs and cats must be designed, constructed, and maintained in a manner that at all times protects the health and well-being of the animals transported in them, ensures their safety and comfort, and prevents the entry of engine exhaust from the primary conveyance during transportation.

2. The animal cargo space must have a supply of air that is sufficient for the normal breathing of all the animals being transported in it.

3. Each primary enclosure containing dogs or cats must be positioned in the animal cargo space in a manner that provides protection from the elements and that allows each dog or cat enough air for normal breathing.

4. During air transportation, dogs and cats must be held in cargo areas that are heated or cooled as necessary to maintain an ambient temperature that ensures the health and wellbeing of the dogs or cats. The cargo areas must be pressurized when the primary conveyance used for air transportation is not on the ground, unless flying under eight thousand feet (8,000').

Dogs and cats must have adequate air for breathing at all times when being transported.

5. During surface transportation, auxiliary ventilation, such as fans, blowers, or air conditioning, must be used in any animal cargo space containing live dogs or cats when the ambient temperature within the animal cargo space reaches eighty-five degrees Fahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C). Moreover, the ambient temperature may not exceed eighty-five degrees Fahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C) for more than four (4) hours; nor fall below forty-five degrees Fahrenheit (45°F) or seven and two-tenths degrees Celsius (7.2°C) for a period of more than four (4) hours.

6. Primary enclosures must be positioned in the primary conveyance in a manner that allows the dogs and cats to be quickly and easily removed from the primary conveyance in an emergency.

7. The interior of the animal cargo space must be kept clean.

8. Live dogs and cats may not be transported with any material, substance (for example, dry ice), or device in a manner that may reasonably be expected to harm the dogs and cats or cause inhumane conditions.

(D) Food and Water Requirements. This shall not apply to licensees such as boarding kennels or commercial kennels using local services for close proximity or intracity delivery of pets in connection with their normal services.

1. Each dog and cat that is sixteen (16) weeks of age or more must be offered food at least once every twenty-four (24) hours. Puppies and kittens less than sixteen (16) weeks of age must be offered food at least once every twelve (12) hours. These time periods apply to all persons licensed under the ACFA, except carriers and intermediate handlers, who transport dogs and cats in their own primary conveyance, starting from the time the dog or cat was last offered food and potable water before transportation was begun. These time periods apply to carriers and intermediate handlers starting from the date and time stated on the certificate required in this

rule. Each dog and cat must be offered food and potable water within four (4) hours before being transported in commerce.

Consignors who are subject to the ACFA must certify that each dog and cat was offered food and potable water within the four (4) hours preceding delivery of the dog or cat to a carrier or intermediate handler for transportation in commerce, and must certify the date and time the food and potable water was offered in accordance with this rule.

2. Any person licensed under the ACFA offering any dog or cat to a carrier or intermediate handler for transportation in commerce must securely attach to the outside of the primary enclosure used for transporting the dog or cat, written instructions for the in-transit food and water requirements for a twenty-four (24)-hour period for the dogs and cats contained in the enclosure. The instructions must be attached in a manner that makes them easily noticed and read.

3. Food and water receptacles must be securely attached inside the primary enclosure and placed so that the receptacles can be filled from outside the enclosure without opening the door. Food and water containers must be designed, constructed, and installed so that a dog or cat cannot leave the primary enclosure through the food or water opening.

(E) Care in Transit.

1. Surface transportation (ground and water). Any person subject to the ACFA transporting dogs or cats in commerce must ensure that the operator of the conveyance or a person accompanying the operator, observes the dogs or cats as often as circumstances allow, but not less than once every four (4) hours, to make sure they have sufficient air for normal breathing, that the ambient temperature is within the limits set forth in this rule, and that all applicable transportation standards are complied with. The regulated person must ensure that the operator or person accompanying the operator determines whether any of the dogs or cats are in obvious physical distress and obtains any veterinary care needed for the dogs or cats at the closest available veterinary facility.

2. Air transportation. During air transportation of dogs or cats it is the responsibility of the carrier to observe the dogs or cats as frequently as circumstances allow, but not less than once every four (4) hours if the animal cargo area is accessible during flight. If the animal cargo area is not accessible during flight, the carrier must observe the dogs or cats whenever they are loaded and unloaded and whenever the animal cargo space is otherwise accessible to make sure they have sufficient air for normal breathing, that the animal cargo area meets the heating and cooling requirements of this rule, and that all other applicable standards in 2 CSR 30-9 are being complied with. The carrier must determine whether any of the dogs or cats are in obvious physical distress and arrange for any needed veterinary care as soon as possible.

3. If a dog or cat is obviously ill, injured, or in physical distress, it must not be transported in commerce, except to receive veterinary care for the condition.

4. Except during the cleaning of primary enclosures as required in this rule, during transportation in commerce a dog or cat must not be removed from its primary enclosure unless it is placed in another primary enclosure or facility that meets the requirements of this rule.

5. The transportation standards in this rule must be complied with until a consignee takes physical delivery of the dog or cat if the animal is consigned for transportation or until the animal is returned to the consignor.

(F) Terminal Facilities.

1. Placement. Any person subject to the ACFA must not commingle shipments of dogs or cats with inanimate cargo in animal holding areas of terminal facilities.

2. Cleaning, sanitization, and pest control. All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in this rule, as often as necessary to prevent an accumulation of debris or excreta and to minimize vermin infestation and disease hazards. Terminal facilities must follow an effective program in all animal holding areas for the control of insects, ectoparasites, and birds and mammals that are pests to dogs and cats.

3. Ventilation. Ventilation must be provided in any animal holding area in a terminal facility containing dogs or cats, by means of windows, doors, vents, or air conditioning. The air must be circulated by fans, blowers, or air conditioning so as to minimize drafts, odors, and moisture condensation.

Auxiliary ventilation, such as exhaust fans, vents, fans, blowers, or air conditioning must be used in any animal holding area containing dogs and cats, when the ambient temperature is eighty-five degrees Fahrenheit (85 °F) or twenty-nine and fivetenths degrees Celsius (29.5 °C) or higher.

4. Temperature. The ambient temperature in an animal holding area containing dogs or cats must not fall below fortyfive degrees Fahrenheit (45 °F) or seven and two-tenths degrees Celsius (7.2 °C), or rise above eighty-five degrees Fahrenheit (85 °F) or twenty-nine and five-tenths degrees Celsius (29.5 °C) for more than four (4) consecutive hours at any time dogs or cats are present. The ambient temperature must be measured in the animal holding area by the carrier, intermediate handler, or a person transporting dogs or cats who is subject to the ACFA, outside any primary enclosure containing a dog or cat at a point not more than three feet (3') or zero point ninetyone meters (0.91 m) away from an outside wall of the primary enclosure and approximately midway up the side of the enclosure.

5. Shelter. Any person subject to the ACFA holding a live dog or cat in an animal holding area of a terminal facility must provide the following:

A. Shelter from sunlight and extreme heat. Shade must be provided that is sufficient to protect the dog or cat from the direct rays of the sun; and B. Shelter from rain or snow. Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation.

6. Duration. The length of time any person subject to the ACFA can hold dogs and cats in animal holding areas of terminal facilities upon arrival is the same as that provided in this rule.

(G) Handling.

1. Any person subject to the ACFA who moves (including loading and unloading) dogs or cats within, to, or from the animal holding area of a terminal facility or a primary conveyance must do as quickly and efficiently as possible and must provide the following during movement of the dog or cat:

A. Shelter from sunlight and extreme heat. Sufficient shade must be provided to protect the dog or cat from the direct rays of the sun. The dog or cat must not be exposed to an ambient air temperature above eighty-five degrees Fahrenheit (85°F) or twenty-nine and five-tenths degrees Celsius (29.5°C) for a period of more than forty-five (45) minutes while being moved to or from a primary conveyance or a terminal facility.

The temperature must be measured in the manner provided in this rule;

B. Shelter from rain and snow. Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation; and C. Transporting devices on which live dogs or cats are placed to move them must be covered to protect the animals when outdoor temperature falls below fifty degrees Fahrenheit (50°F) or ten degrees Celsius (10°C). The dogs or cats must not be exposed to an ambient temperature below forty-five degrees Fahrenheit (45°F) or seven and two-tenths degrees Celsius (7.2°C) for a period of more than forty-five (45) minutes unless they are accompanied by a certificate of acclimation to lower temperatures as provided in this rule. The temperature must be measured in the manner provided in this rule.

2. Any person handling a primary enclosure containing a dog or cat must use care and must avoid causing physical harm or distress to the dog or cat.

A. A primary enclosure containing a live dog or cat must not be placed on unattended conveyor belts or on elevated conveyor belts, such as baggage claim conveyor belts and inclined conveyor ramps that lead to baggage claim areas, at any time; except that a primary enclosure may be placed on inclined conveyor ramps used to load and unload aircraft if an attendant is present at each end of the conveyor belt.

B. A primary enclosure containing a dog or cat must not be tossed, dropped, or needlessly tilted and must not be stacked in a manner that may reasonably be expected to result in its falling. It must be handled and positioned in a manner that written instructions and arrows on the outside of the primary enclosure indicate.

3. This section applies to movement of a dog or cat from primary conveyance, within a primary conveyance or terminal facility, and to or from a terminal facility or a primary conveyance.

rule filed Jan. 13, 1994, effective Aug. 28, 1994. Amended: Filed Nov. 30, 1995, effective July 30, 1996. Emergency amendment filed July 11, 2011, effective July 21, 2011, expired Feb. 23, 2012. Amended:

Filed July 22, 2011, effective Jan. 30, 2012. Amended: Filed Jan. 21, 2016, effective Aug. 30, 2016. Amended: Filed Nov. 25, 2019, effective July 30, 2020.

2 CSR 30-9.040 Large Carnivore Act Definitions {#sec-2-csr-30-9.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.040}

PURPOSE: This rule defines terms used in licensing, operating, and inspecting large carnivore facilities.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The terms defined in sections 578.600 to 578.624, RSMo, in addition to other relative terms pertaining to large carnivores, will be applied for use in 2 CSR 30-9.040 and 2 CSR 30-9.050.

(2) Definitions. As used in 2 CSR 30-9.040 and 2 CSR 30-9.050, the following terms shall mean:

(A) Adequate diet, a diet which is balanced to meet the dietary requirements, both nutritional and caloric, to maintain the health status and meet the needs of the species and age of each animal;

(B) Adequate housing, a facility which provides for sanitary conditions, protection from extreme weather conditions, and proper ventilation and meets the space requirement as defined by the regulations of the United States Department of Agriculture (USDA);

(C) Attending veterinarian, a qualified veterinarian who has a written agreement to perform services for the licensee;

(D) Breeding, to mate adult large carnivores for the purpose of producing offspring;

(E) Circus, an incorporated, class C licensee that is licensed as defined by Title 9, Code of Federal Regulations, Part 1, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov, that is temporarily in this state, and that offers skilled performances by live animals, clowns, and acrobats for public entertainment.

This rule does not incorporate any later amendments or additions;

(F) Department, the Missouri Department of Agriculture (MDA);

(G) Director, the Director of Agriculture for Missouri;

(H) Division, the Division of Animal Health of the Missouri Department of Agriculture;

(I) Electronic identification device, an implantable device meeting ISO 11784/11785 standards and containing a fifteen (15)digit number with an RF frequency of 134.2 Hz.;

(J) Facility, an indoor or outdoor cage, pen, or similar enclosure where a large carnivore is kept;

(K) Facility permit, the authorization obtained from the MDA which allows you to own and/or breed large carnivore(s);

(L) Humane killing, euthanasia must be in compliance with the American Veterinary Medical Association Recommended Methods of Euthanasia, unless a human life is at risk;

(M) Inspector, an individual employed by the Missouri Department of Agriculture or designated by the state veterinarian;

(N) Large carnivore, either of the following:

1. Any of the following large cats of the Felidae family that are nonnative to Missouri held in captivity: tiger, lion, jaguar, leopard, snow leopard, clouded leopard, and cheetah, including a hybrid cross with such cat, but excluding any unlisted nonnative cat, or any common domestic or house cat; or 2. A bear of a species that is nonnative to this state and held in captivity;

(O) Licensee, an individual who has been granted a permit under the large carnivore facility regulations;

(P) Livestock, the same meaning as such term is defined in

section 267.565, RSMo;

(Q) Movement permit, the authorization obtained from the MDA which allows you to transport large carnivore(s);

(R) Ownership, to possess, keep, or control a large carnivore or supervise or provide for the care and feeding of a large carnivore, including any activity relating to confining, handling, breeding, transporting, or exhibiting the large carnivore;

(S) Qualified veterinarian, a veterinarian licensed to practice veterinary medicine under Chapter 340, RSMo, under the jurisdiction of the Missouri Veterinary Medical Board;

(T) Research facility, a federal research facility as defined by Title 9, Code of Federal Regulations, Part 1, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington DC, 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512- 1800, website: http://bookstore.gpo.gov, or a facility required to be registered by USDA pursuant to Title 9, Code of Federal Regulations, Part 1. This rule does not incorporate any later amendments or additions;

(U) State veterinarian, the Director of the Animal Health Division of the Department of Agriculture; and (V) Transport, to move a large carnivore from one (1) location to another.

History

• AUTHORITY: section 578.600, RSMo Supp. 2010. Original rule filed June 23, 2011, effective Jan. 30, 2012. Original authority: 578.600, RSMo 2010.

2 CSR 30-9.050 Large Carnivore Act Permit and Standards {#sec-2-csr-30-9.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.050}

PURPOSE: This rule sets forth the standards and requirements for the permitting and operation of large carnivore facilities.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Application for Permits and Conditions for Issuing.

(A) Any individual possessing and/or breeding large carnivore(s) shall obtain a permit from the Missouri Department of Agriculture (MDA).

1. A large carnivore and facility permit application form must be completed and submitted to MDA.

2. Fee must be paid in full.

3. One (1) large carnivore permit is required for each large carnivore.

4. The facility must be inspected by an inspector prior to obtaining a facility permit and annually thereafter.

5. The large carnivore and facility permit must be renewed on an annual basis prior to the expiration date.

6. Licensee is responsible for renewing permits and submitting a renewal form.

7. The permit must be obtained within thirty (30) days prior to acquiring a large carnivore.

(B) The licensee must— 1. Be at least twenty-one (21) years of age;

2. Have not been found guilty, or pled guilty to, a violation of any state or local law prohibiting neglect or mistreatment of any animal or, within the previous ten (10) years, any felony;

3. Inform the local law enforcement agencies by written notification that you have obtained a large carnivore permit;

4. Have each large carnivore micro-chipped, or the procedure supervised, by a licensed veterinarian.

A. The microchip number and a description of the large carnivore must be maintained for the duration of ownership and for five (5) years post transfer of ownership.

B. The microchip record must be maintained for one (1) year after the large carnivore is deceased.

C. The microchip record must be available to MDA or designated authority upon request within twenty-four (24) hours; and 5. Maintain health and ownership records of the large carnivore(s) for the life of the large carnivore(s).

A. The records must list the description and microchip number of each large carnivore.

B. The records must document any veterinary services, i.e., physical exams, treatments, euthanasia, etc.

C. The records must document the name, address, and contact information for any transfer of ownership, i.e., sales and purchases.

D. The records must document any natural additions.

E. The MDA must be notified within seven (7) working days of any change in inventory.

F. The records must be available to MDA or designated

G. The records must be kept for one (1) year after the death or five (5) years after the transfer of ownership of any large carnivore.

(C) The licensee shall pay the large carnivore permit fee to the Department of Agriculture.

1. An initial fee of two hundred fifty dollars ($250) per large carnivore with a maximum of two thousand five hundred dollars ($2,500) assessed per facility will be assessed for the first permit.

2. A renewal fee of one hundred dollars ($100) per large carnivore will be assessed annually provided the renewal is made prior to lapse of the previous permit.

(D) The licensee must provide the department the following information prior to receiving an initial/renewal permit and must notify the department of any changes within thirty (30) days, unless a shorter time period is noted:

1. Name, address, telephone, and any pertinent contact information of the permit holder and the address where each large carnivore will be kept;

2. Name and address of the attending veterinarian;

3. Microchip identification number, manufacturing information, and name and address of the veterinarian inserting the microchip;

4. Provide proof of liability insurance of not less than two hundred fifty thousand dollars ($250,000);

5. Provide a Disaster Response and Evacuation Plan;

6. A complete annual inventory of each large carnivore which includes:

A. Number of large carnivores according to species;

B. The manufacturer and manufacturer’s number of the electronic device implanted in each large carnivore. The name and address of the veterinarian who placed the microchip;

C. The location of each large carnivore. The licensee must notify the department within ten (10) business days of a change of address or location where the large carnivore is kept;

D. A digital color photograph of each of the large carnivores;

E. The approximate age, sex, color, weight, scars, and any distinguishing marks of each large carnivore; and F. Any additions or deletions to the group which must reconcile with previous inventory.

(2) The attending veterinarian must agree to the following:

(A) Provide a written summary of the physical examination and documentation of any veterinary services provided to the licensee;

(B) Place a microchip and provide information about the manufacturer;

(C) Provide a health certificate when required for transport;

(D) Collect the appropriate sample for deoxyribonucleic acid (DNA) registration; and (E) Sign a veterinary care agreement form.

(3) The licensee must agree to the following:

(A) Notification of any death of the large carnivore to the department within ten (10) working days— 1. Report microchip identification number to the department;

2. Provide a description (age, color, sex, etc.) of the deceased carnivore; and 3. Provide a necropsy report if a necropsy was performed to determine the cause of death;

(B) If a large carnivore escapes or is released, immediately notify law enforcement and the department via telephone and follow up with a written statement explaining the circumstances and action taken within five (5) working days.

(C) Confine the large carnivore(s) in a primary enclosure as required by the department on the licensee’s premises. The licensee must not allow any large carnivore(s) outside of the primary enclosure post weaning unless the large carnivore is moved pursuant to any of the following:

1. To receive veterinary care from the attending veterinarian;

2. To comply with the directions of the department or law enforcement officials; or 3. To transfer ownership and possession of the large carnivore(s), pending prior approval by the department; and (D) Comply with all state regulations and federal regulations as defined by Title 9, Code of Federal Regulations, Part 1, published annually in January, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo. gov., regarding housing and transportation. This rule does not incorporate any later amendments or additions.

3. Any person transporting a large carnivore must acquire a health certificate and a movement permit and be in compliance with state regulations and USDA requirements.

4. The facilities and standards of care must be in compliance with USDA standards.

(4) If the licensee is no longer able to care for the large carnivore(s), all of the following apply:

(A) The licensee must notify the department, stating the planned disposition of the large carnivore(s);

(B) The licensee must dispose of the large carnivore(s) by transferring ownership and possession to another permit holder, upon prior approval by the department, or providing for its destruction by euthanasia as required by the department; and (C) The disposal of the large carnivore must be documented by an employee of the department, law enforcement officer, or attending veterinarian.

(5) The following are not required to obtain a permit for possessing, breeding, or transporting large carnivore(s):

(A) An animal control shelter or animal protection shelter that is providing temporary care to a large carnivore for ninety (90) days or less and has proper facilities to handle the large carnivore;

(B) A law enforcement officer or inspector acting under the “Large Carnivore Act”;

(C) A veterinarian temporarily in possession of a large carnivore to provide veterinary care for or humanely euthanize the large carnivore;

(D) A circus;

(E) The University of Missouri-College of Veterinary Medicine;

(F) A zoological park that is a part of a district created under

Chapter 184, RSMo; or (G) Class C licensee under 9 CFR 1.1 that meets the conditions described in section 578.620, RSMo.

History

• authority upon request within twenty-four (24) hours.
• AUTHORITY: section 578.600, RSMo Supp. 2010. Original rule filed June 23, 2011, effective Jan. 30, 2012. Original authority: 578.600, RSMo 2010.

2 CSR 30-9.100 Eurasian, Russian, and Captured Feral Swine Facility Act Definitions {#sec-2-csr-30-9.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.100}

(Rescinded December 30, 2023)

History

• AUTHORITY: section 270.260, RSMo Supp. 2011. Original rule filed June 23, 2011, effective Feb. 29, 2012. Rescinded: Filed May 23, 2023, effective Dec. 30, 2023.

2 CSR 30-9.110 Feral Swine Confinement Permit and Standards {#sec-2-csr-30-9.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-9.110}

(Rescinded December 30, 2023)

History

• AUTHORITY: section 270.260, RSMo Supp. 2011. Original rule filed June 23, 2011, effective Feb. 29, 2012. Rescinded: Filed May 23, 2023, effective Dec. 30, 2023.

Chapter 10 Food Safety and Meat Inspection

2 CSR 30-10.010 Inspection of Meat and Poultry {#sec-2-csr-30-10.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-10.010}

PURPOSE: This rule establishes the standards used to inspect meat/poultry slaughter and processing facilities in Missouri.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The state meat inspection program is administered by the Division of Animal Health of the Missouri Department of Agriculture.

(2) The standards used to inspect Missouri meat and poultry slaughter and processing shall be those shown in Part 300 to end of Title 9 of the Code of Federal Regulations (January 2026), herein incorporated by reference and made a part of this rule as published by the United States Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20402-0001, phone: toll-free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(3) The standards used for humane slaughter of livestock shall be those shown in Title 7, Chapter 48, the United States Code (U.S.C.), herein incorporated by reference and made a part of of Documents, 732 N. Capitol Street NW, Washington, DC 20402-0001, phone: toll-free (866) 512-1800; DC area (202) 512- (4) The standards used to inspect Missouri meat products, and enforce such standards, shall be those shown in Title 21,

Chapter 12, the United States Code (U.S.C., 601 et seq.) (May 22, 2008), herein incorporated by reference and made a part of of Documents, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800; DC area (202) 512- (5) The standards used to inspect Missouri poultry products, and enforce such standards, shall be those shown in Title 21,

Chapter 10, the United States Code (U.S.C., 451 et seq.) (May 22, 2008), herein incorporated by reference and made a part of of Documents, 732 N. Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800; DC area (202) 512- (6) The standard used for the humane slaughter and inspection of rabbits shall be those shown in Chapter 265, RSMo, with the following exceptions:

(A) The slaughtering of rabbits conducted by the person who has raised those rabbits, the processing of those rabbits by that person, and the transportation in commerce of the products of those rabbits by that person when done exclusively for use by that person, members of that person’s household, that person’s employees, and that person’s nonpaying guests;

(B) The custom slaughter of rabbits by any person when the rabbits’ owner delivers them to such slaughterer for slaughter, processing, and transportation in commerce of the rabbit products when those rabbit products are for the exclusive use of the owner, members of the owner’s household, the owner’s employees, and the owner’s nonpaying guests. Provided, however, that the custom slaughterer does not engage in the business of buying or selling any rabbit products capable of use as human food. Persons operating under this exemption must retain records reflecting the name and address of the owner and the date of slaughter. Records required by this

part must be retained and available for inspection for one (1) calendar year;

(C) The slaughtering and processing of rabbit products by any rabbit producer when done on the producer’s own premises with respect to sound and healthy rabbits raised on the producer’s premises and the distribution of the rabbit products derived from such operations. In lieu of other labeling requirements, such rabbit products must be identified with the name and address of the rabbit producer; not be otherwise misbranded; and be sound, clean, and fit for human food when so distributed. Persons operating under this exemption must retain records reflecting the date of each sale, the name of the buyer for each sale, and the number of rabbits sold at each sale. Records required by this part must be maintained and available for inspection for two (2) years from the date of sale;

(D) The slaughtering of sound and healthy rabbits or the processing of rabbit products by any rabbit producer or other person for distribution by him or her solely and directly to household consumers, restaurants, hotels, and boarding houses for use in their own dining rooms, or in the preparation of meals for sales direct to consumers. In lieu of other labeling requirements, such rabbit products must be identified with the name and address of the processor; must not be otherwise misbranded; and must be sound, clean, and fit for human food when distributed by such processor. Persons operating under this exemption must retain records reflecting the date of each sale, the name of the buyer for each sale, and the number of rabbits sold at each sale. Records required by this part must be maintained and available for inspection for two (2) years from the date of sale;

(E) The exemptions provided for in subsections (6)(C) and (6)(D) hereof shall not apply if the rabbit producer or other person— 1. Slaughters or processes the products of more than one thousand (1,000) rabbits in a calendar year;

2. Slaughters rabbit products at a facility used by any other rabbit producers or persons for slaughtering rabbits or processing rabbit product; or 3. Engages in the business of buying or selling any rabbit or rabbit products other than as specified; and (F) Any person not qualifying for exemption of rabbits and rabbit products are subject to inspection and must follow state meat inspection requirements.

(7) The slaughtering of poultry under an exemption in 9 CFR 381.10 must be done within twenty-four (24) hours of the poultry’s delivery to the slaughtering establishment. It is further provided that holding cages and cages provided by the establishment to its customers to transport the poultry to the (6/30/26) Denny Hoskins establishment for slaughter must be cleaned and disinfected by the establishment after each use.

Amended: Filed June 27, 2008, effective Dec. 30, 2008. Amended:

Filed April 8, 2009, effective Oct. 30, 2009. Emergency amendment filed Dec. 3, 2012, effective Jan. 1, 2013, expired June 29, 2013.

Amended: Filed Dec. 3, 2012, effective July 30, 2013. Amended:

Filed Nov. 21, 2013, effective May 30, 2014. Emergency amendment filed Aug. 18, 2014, effective Aug. 28, 2014, expired Feb. 26, 2015.

Amended: Filed Aug. 18, 2014, effective March 30, 2015. Emergency amendment filed Oct. 2, 2015, effective Oct. 12, 2015, expired April 18, 2016. Amended: Filed March 23, 2016, effective Oct. 30, 2016. Emergency amendment filed March 24, 2017, effective April 3, 2017, expired Jan. 10, 2018. Amended: Filed March 24, 2017, effective Oct. 30, 2017. Emergency amendment filed Jan. 30, 2018, effective Feb. 9, 2018, expired Aug. 7, 2018. Amended: Filed Jan. 30, 2018, effective Aug. 30, 2018. Emergency amendment filed July 18, 2019, effective July 28, 2019, expired Feb. 27, 2020. Amended:

Filed July 18, 2019, effective Feb. 29, 2020. Emergency amendment filed Feb. 11, 2020, effective Feb. 27, 2020, expired Aug. 24, 2020.

Amended: Filed Feb. 11, 2020, effective Aug. 30, 2020. Amended:

Filed Jan. 28, 2021, effective Aug. 30, 2021. Emergency amendment filed Jan. 11, 2022, effective Jan. 26, 2022, expired July 24, 2022.

Amended: Filed Jan. 11, 2022, effective July 30, 2022. Emergency amendment filed Jan. 9, 2023, effective Jan. 24, 2023, expired July 22, 2023. Amended: Filed Jan. 9, 2023, effective July 30, 2023.

Emergency amendment filed Feb. 14, 2024, effective Feb. 29, 2024, expired Aug. 26, 2024. Amended: Filed Feb. 14, 2024, effective Aug. 30, 2024. Emergency amendment filed Jan. 31, 2025, effective Feb. 18, 2025, expired Aug. 16, 2025. Amended: Filed Jan. 31, 2025, effective Aug. 30, 2025. Emergency amendment filed Dec. 23, 2025, effective Jan. 8, 2026, expired July 6, 2026. Amended: Filed Dec. 23, 2025, effective July 30, 2026. *Original authority: 265.020, RSMo 1939, amended 1993, 1995.

History

• AUTHORITY: section 265.020, RSMo 2016. Original rule filed Sept. 14, 2000, effective March 30, 2001. Amended: Filed Nov. 10, 2004, effective May 30, 2005. Amended: Filed Feb. 6, 2006, effective Aug. 30, 2006. Amended: Filed March 1, 2007, effective Sept. 30, 2007.

Chapter 11 Large Animal Veterinary Student Loan Program

2 CSR 30-11.010 Large Animal Veterinary Student Loan Program {#sec-2-csr-30-11.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-11.010}

PURPOSE: This rule establishes the requirements for implementing the large animal veterinary student loan program.

(1) The following definitions shall be used in the interpretation and enforcement of this

rule, in addition to those found in section 340.337, RSMo:

(A) Academic year means the period of time beginning with the start of the fall semester to the final day of the spring semester and any subsequent summer sessions;

(B) Advisory panel means individuals appointed by the director of the Missouri Department of Agriculture to advise the department regarding the rules, funding, and guidelines for implementing and administering the large animal student medicine loan;

(C) Application contract means the form provided by the Missouri Department of Agriculture for the purpose of applying for a large animal veterinary student loan;

(D) Area of defined need means a geographic area within Missouri with at least one (1) of the following characteristics and approved by the director or the director’s designated agent:

1. Large animal populations/producers sufficient to potentially sustain/employ a large animal veterinarian;

2. Employment opportunity as a large animal veterinarian;

3. Veterinary population in region is diminishing;

4. Economics of area adequate to support veterinarian;

5. Presence of livestock markets; and 6. Requests from individual, groups, organizations, and communities;

(E) Educational loans means the financial assistance provided by the department under the authority of the large animal veterinary student loan program; commercial loans made by banks, credit unions, savings and loan associations, insurance companies, schools, and other financial institutions for veterinary education purposes; or loans made by federal, state, county, or city agencies authorized by law to make loans for veterinary education purposes;

(F) Eligible applicant means a veterinary student in the college or in the final full year as a full-time student in an undergraduate course of study eligible to apply to the college;

(G) Eligible student means a resident who has made application to be a full-time student or currently enrolled in the college;

(H) Loan contract means the form signed by a large animal veterinary student loan applicant and the director of the department or the director’s authorized agent in which the applicant agrees to accept responsibility for repayment of educational loans through qualified employment or by cash;

(I) Placement form means the form provided by the department for the purpose of applying for participation in the large animal veterinary student loan program;

(J) Qualified applicant means a student matriculating in the college and in the professional program leading to a doctor of veterinary medicine degree;

(K) Reasonable educational costs means tuition, books, fees, supplies, equipment, and materials required by the college in which the loan program recipient is enrolled to obtain a doctorate of veterinary medicine; and (L) Reasonable living expenses means the cost of room, board, transportation, and miscellaneous costs based on individual program costs.

(2) Recipients of large animal veterinary student loans shall verify to the department their enrollment, their program eligibility, their academic standing within thirty (30) days following the completion of each semester and summer session, and their expected program completion date.

(A) Applicant is responsible to provide information to the department.

(B) The advisory panel shall determine the consequences of the applicant’s failure to comply with the requirement of subsection (2)(A).

(C) Interest on funds loaned by the large animal veterinary student loan program shall accrue at a rate determined by the advisory panel from the issue date of the department check.

(D) If a recipient of financial assistance ceases his/her study prior to the successful completion of the course of instruction required for graduation from the college, repayment of the principal and interest shall begin within ninety (90) days after the date the recipient ceases to be an eligible student, in accordance with the repayment contract.

The department shall be notified by the loan recipient within thirty (30) days of the date the recipient ceases to be an eligible student.

Payment shall be completed no more than twelve (12) months from that date.

(3) Section 340.390, RSMo, provides that the department may grant a limited deferral of repayment of the principal and interest to a qualified student attending the college.

(A) The department may grant a limited deferral of the repayment of the principal and interest when the deferral would best serve the interest of the state and the large animal student veterinary loan program.

(B) The status of each deferral may be reviewed as often as necessary by the department, but the department shall review each deferral annually to insure compliance with the intent of the deferral. The length of deferral may not exceed four (4) years.

(C) Interest accrued during a deferral period by a financial assistance recipient shall be forgiven on the same basis as the original loan and interest.

(4) To qualify for a large animal veterinary student loan, the applicant shall have no conflicting service obligation that would prevent the state from benefitting from the applicant’s services after graduation, with the exception of service in the National Guard or military reserve.

(5) Application contracts shall be completed, signed by the applicant, and submitted to the department between August 15 and September 15 or at another time directed by the department.

(A) Application contracts shall be accompanied by proof of Missouri residency, such as a copy of the Missouri individual income tax return for the previous year of the applicant or of the applicant’s parents or legal guardian if applicant is listed as a legal dependant on the parent’s or legal guardian’s return.

(B) Applications shall include an essay which describes the applicant’s professional ambition and how those professional goals fit with the intent of the large animal veterinary student loan program (eight hundred (800)word maximum), three (3) reference letters, and complete set of transcripts from any college courses taken.

(C) Loan recipients shall apply annually.

(D) Only application contract forms for the large animal veterinary loan program supplied by the department will be accepted.

(E) Upon approval for funding, the loan contract shall be signed by the department director or the director’s authorized agent and shall become the agreement of the applicant to accept responsibility for repayment either by cash or by service in an area of defined need.

(F) A copy of an applicant’s financial aid award notice from the college and of the ROBINCARNAHAN(1/29/09) applicant’s notice of acceptance by the college shall be on file in the department prior to funding by the large animal veterinary loan program.

(6) Selection criteria for the large animal veterinary student loan program are— (A) Eligibility of the applicant;

(B) Demonstrated financial need;

(C) Qualification and potential based upon submitted materials;

(D) Willingness to serve in designated area of need; and (E) Information presented at a personal interview if one is requested of the applicant by the committee.

(7) Subject to availability of federal, state, or community funds for the large animal veterinary student loan program, the department shall enter into a maximum four (4)-year contract with each individual qualifying for repayment of educational loans.

(8) Participants who default on their written loan contracts shall be subject to monetary repayment of the contracted amount and interest. Cash repayment periods may be authorized up to a maximum of twelve (12) consecutive months.

(A) The department may grant a deferral of payment of the loan amount and interest at the discretion of the director on the basis of hardship such as critical illness of participant or an immediate family member, death in the immediate family, or severe handicapping condition of the participant when that hardship has been adequately documented such as statement of the attending physician, death certificate, or Social Security disability determination.

(B) The status of each deferral may be reviewed as often as necessary by the department but shall be reviewed annually to insure compliance with the intent of the deferral.

(C) Once a loan participant has begun qualified employment, repayment of the loan shall continue, even if the designation of the area of defined need of qualified employment changes, as long as the loan participant does not terminate employment.

(D) If circumstances beyond the control of a loan participant result in the termination of qualified employment, deferral status may be granted for a period up to ninety (90) days to allow the participant to gain employment in an area of defined need, upon approval by the director or the director’s designated agent.

(E) Upon authorization of the director or authorized agent, forgiveness of interest and principal for a financial assistance recipient engaged in qualified employment on a less than full-time basis may be granted on a prorated basis.

(9) A graduate of the student loan program must— (A) Complete the Large Animal Veterinary Student Loan Program Placement Form prior to May 1 of the current year; and (B) Notify the department of any change of address or employment within thirty (30) days.

(10) Members of the advisory panel shall serve for three (3) years from the date of appointment by the director and may be reappointed for consecutive three (3)-year terms.

Resignations from the panel may be accepted by the director at any time. Appointments to fill vacated panel positions shall be for three (3) years. Nonattendance by a panel member at two (2) consecutive scheduled panel meetings shall constitute a resignation from the panel unless a written explanation of the absences with a written request to continue service on the panel is received by the director within thirty (30) days after the second absence of a panel member from a scheduled panel meeting. Nonattendance at more than four (4) scheduled panel meetings in any two (2) consecutive years may constitute, at the discretion of the director, a resignation from the panel.

4CODE OF STATE REGULATIONS

(1/29/09) ROBINCARNAHAN

History

• AUTHORITY: sections 340.335–340.405, RSMo Supp. 2007. Emergency rule filed July 14, 2008, effective July 24, 2008, expired Feb. 26, 2009. Original rule filed Aug. 15, 2008, effective Feb. 28, 2009. Original authority: see Missouri Revised Statutes 2000, Missouri Revised Statutes Cumulative Supplement 2007, and Senate Bill 931, Second Regular Session, Ninetyfourth General Assembly, 2008.

Chapter 21 Requirements for the Missouri Dairy Law

2 CSR 30-21.011 Specifications for the Construction and Operation of Facilities and Installation of Equipment for the Production and Processing of Manufacturing {#sec-2-csr-30-21.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.011}

2 CSR 30-21.021 Protection and Transportation of Raw Milk and Cream {#sec-2-csr-30-21.021 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.021}

2 CSR 30-21.030 Specifications for Bulk Milk Tanks and Bulk Milk Tank Rooms {#sec-2-csr-30-21.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.030}

2 CSR 30-21.031 Provisional Licensing for Fieldmen, Grader and Bulk Milk Truck Operator {#sec-2-csr-30-21.031 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.031}

2 CSR 30-21.040 Protection and Transportation of Raw Milk and Cream 2 CSR 30-21.041Dairy Manufacturing Plant and/or Dairy Manufacturing Farm and {#sec-2-csr-30-21.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.040}

2 CSR 30-21.050 Use of Standard Methods for the Examination of Milk and Dairy Products {#sec-2-csr-30-21.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.050}

2 CSR 30-21.051 Daily or Random Fresh Milk Sampling for Market Testing 2 CSR 30-21.060Requirements for Farm Certification for the Production of Manufacturing Milk {#sec-2-csr-30-21.051 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.051}

2 CSR 30-21.065 Quality Specifications for Raw Milk {#sec-2-csr-30-21.065 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.065}

2 CSR 30-21.070 Stainless Steel and Heat Resistant Glass for Milk Lines and Fittings, Designed {#sec-2-csr-30-21.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.070}

2 CSR 30-21.080 Provisional Licensing for Field Supervisor, Tester-Grader-Sampler and 2CODE OF STATE REGULATIONS (4/30/01) MATTBLUNT {#sec-2-csr-30-21.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.080}

2 CSR 30-21.085 Basis of Licensure for Buying of Milk by Plants, Buyers and Brokers {#sec-2-csr-30-21.085 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.085}

2 CSR 30-21.090 Daily or Random Fresh Milk Sampling for Market Testing AGRICULTURE Missouri Dairy Law {#sec-2-csr-30-21.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.090}

2 CSR 30-21.010 Proper Identification of Cream Containers {#sec-2-csr-30-21.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.010}

(Rescinded October 11, 1980)

Original rule filed June 9, 1948, effective June 19, 1948. Rescinded: Filed July 14, 1980, effective October 11, 1980.

2 CSR 30-21.011 Specifications for the Construction and Operation of Facilities and Installation of Equipment for the Production and Processing of Manufacturing Milk and Milk Products {#sec-2-csr-30-21.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.011}

(Moved to 2 CSR 80-6.011)

2 CSR 30-21.020 Testing of Cream for Extraneous Matter {#sec-2-csr-30-21.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.020}

(Rescinded October 11, 1980)

Original rule filed Feb. 7, 1958, effective Feb. 21, 1958. Rescinded: Filed July 14, 1980, effective October 11, 1980.

2 CSR 30-21.021 Protection and Transportation of Raw Milk and Cream {#sec-2-csr-30-21.021 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.021}

(Moved to 2 CSR 80-6.021)

2 CSR 30-21.030 Specifications for Bulk Milk Tanks and Bulk Milk Tank Rooms Original rule filed April 24, 1964, effective May 5, 1964. Emergency rescission filed July 13, 1981, effective Sept. 27, 1981, expires Jan. 25, 1982. Rescinded: Filed July 13, 1981, effective Nov. 12, 1981. {#sec-2-csr-30-21.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.030}

2 CSR 30-21.031 Provisional Licensing for Fieldmen, Grader and Bulk Milk Truck Operator {#sec-2-csr-30-21.031 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.031}

(Moved to 2 CSR 80-6.031)

2 CSR 30-21.040 Protection and Transportation of Raw Milk and Cream Oct. 11, 1980. Emergency rescission filed {#sec-2-csr-30-21.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.040}

2 CSR 30-21.041 Dairy Manufacturing Plant and/or Dairy Manufacturing Farm and Personnel Licensure {#sec-2-csr-30-21.041 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.041}

(Moved to 2 CSR 80-6.041)

2 CSR 30-21.050 Use of Standard Methods for the Examination of Milk and Dairy Products Oct. 11, 1980. Emergency rescission filed {#sec-2-csr-30-21.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.050}

2 CSR 30-21.051 Daily or Random Fresh Milk Sampling for Market Testing {#sec-2-csr-30-21.051 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.051}

(Moved to 2 CSR 80-6.051)

2 CSR 30-21.060 Requirements for Farm Certification for the Production of Manufacturing Milk Oct. 11, 1980. Emergency rescission filed {#sec-2-csr-30-21.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.060}

2 CSR 30-21.065 Quality Specifications for Raw Milk Oct. 11, 1980. Emergency rescission filed {#sec-2-csr-30-21.065 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.065}

2 CSR 30-21.070 Stainless Steel and Heat Resistant Glass for Milk Lines and Fittings, Designed for Cleaning in Place (CIP) Where so Used Original rule filed Oct. 15, 1979, effective Jan. 13, 1980. Emergency rescission filed {#sec-2-csr-30-21.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.070}

2 CSR 30-21.080 Provisional Licensing for Field Supervisor, Tester-Grader-Sampler and Milk Hauler Oct. 11, 1980. Emergency rescission filed {#sec-2-csr-30-21.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.080}

2 CSR 30-21.085 Basis of Licensure for Buying of Milk by Plants, Buyers and Brokers Original rule filed April 14, 1981, effective July 13, 1981. Emergency rescission filed {#sec-2-csr-30-21.085 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.085}

2 CSR 30-21.090 Daily or Random Fresh Milk Sampling for Market Testing Oct. 11, 1980. Emergency rescission filed MATTBLUNT(4/30/01) {#sec-2-csr-30-21.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-21.090}

Chapter 22 Requirements for the Ice Cream and Related Frozen Foods Law

2 CSR 30-22.010 Identification Tag on All Ice Cream Mix Containers {#sec-2-csr-30-22.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-22.010}

(Rescinded May 30, 2005)

Original rule filed Dec. 4, 1964, effective Dec. 14, 1964. Rescinded: Filed Nov. 10, 2004, effective May 30, 2005.

ROBINCARNAHAN(4/30/05)

Chapter 22óRequirements for the Ice Cream and Related Frozen Foods Law2 CSR 30-22

History

• AUTHORITY: section 196.861, RSMo 1986.

Chapter 36 Egg Quality Program

2 CSR 30-36.010 Enforcement of Missouri Egg Laws {#sec-2-csr-30-36.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 30-36.010}

(Moved to 2 CSR 90-36.010)

MATTBLUNT(4/30/01)

Division 40 Audits and Compliance*

Chapter 1 * - moved to 2 CSR 90-1

2 CSR 40-1 * - moved to 2 CSR 90-1 {#sec-2-csr-40-1 omnilex-key=us-mo-regs-official--title-2--2 CSR 40-1}

MATTBLUNT(4/30/01)

Rules of DEPARTMENT OF AGRICULTURE SPECIAL NOTICE

Chapter 1 On July 1, 1980, Division 40—Audits and Compliance transferred to Divison 90—Division of Weights and Measures. The rules of Audits and Compliance may be found at 2 CSR 90-1.

Chapter 3 * - moved to 2 CSR 90-38

2 CSR 40-3 * - moved to 2 CSR 90-38 {#sec-2-csr-40-3 omnilex-key=us-mo-regs-official--title-2--2 CSR 40-3}

MATTBLUNT(4/30/01)

Rules of DEPARTMENT OF AGRICULTURE SPECIAL NOTICE

Chapter 3 On October 11, 1984, Division 40—Audits and Compliance transferred to Divison 90—Division of Weights and Measures. The rules of Audits and Compliance may be found at 2 CSR 90-38.

Chapter 4 * - moved to 2 CSR 60-4

2 CSR 40-4 * - moved to 2 CSR 60-4 {#sec-2-csr-40-4 omnilex-key=us-mo-regs-official--title-2--2 CSR 40-4}

MATTBLUNT(4/30/01)

Rules of DEPARTMENT OF AGRICULTURE SPECIAL NOTICE

Chapter 4 On July 1, 1980, Division 40—Audits and Compliance transferred to Divison 60—Grain Inspection and Warehousing. The rules of Audits and Compliance may be found at 2 CSR 60-4.

Division 50 Fairs

Chapter 1 Organization and Description

2 CSR 50-1.010 General Organization {#sec-2-csr-50-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-1.010}

(Rescinded December 30, 2018)

rule filed April 9, 1976, effective July 15, 1976. Rescinded: Filed May 11, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: sections 262.450, 262.460, 262.470 and 262.480, RSMo 1986. Original

Chapter 2 Registration Statement

2 CSR 50-2.010 Registration Statement {#sec-2-csr-50-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-2.010}

(Rescinded December 30, 2018)

Original rule filed July 5, 1968, effective July 15, 1968. Rescinded: Filed May 11, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 262.470, RSMo 1986.

Chapter 3 Concessions at State Fair

2 CSR 50-3.010 General {#sec-2-csr-50-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.010}

2 CSR 50-3.020 Concession Contracts {#sec-2-csr-50-3.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.020}

(Rescinded December 30, 2018)

rule filed April 2, 1992, effective Jan. 15, 1993. Rescinded: Filed May 11, 2018, effective Dec. 30, 2018.

History

• AUTHORITY: Chapter 262 and section 262.270, RSMo Supp. 1987. This rule was previously filed as 2 CSR 50-4.020. Emergency rule filed March 27, 1980, effective April 8, 1980, expired Aug. 6, 1980. Original

2 CSR 50-3.030 Concession Advertising {#sec-2-csr-50-3.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.030}

2 CSR 50-3.040 Concession Security {#sec-2-csr-50-3.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.040}

2 CSR 50-3.050 Wholesale Purveyors {#sec-2-csr-50-3.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.050}

2 CSR 50-3.060 Concession Admission {#sec-2-csr-50-3.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.060}

2 CSR 50-3.070 Concession Parking JOHNR. ASHCROFT(11/30/18) {#sec-2-csr-50-3.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-3.070}

Chapter 4 Solicitation on Missouri State Fair Property

2 CSR 50-4.010 Rental Space Required to Advocate or Solicit Support for Ideas, Causes, Products, or Any of These, While on State Fair Property AGRICULTURE State Fair Property {#sec-2-csr-50-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-4.010}

2 CSR 50-4.010 Rental Space Required to Advocate or Solicit Support for Ideas, Causes, Products, or Any of These, While on State Fair Property {#sec-2-csr-50-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-4.010}

(Rescinded December 30, 2018)

Rescinded: Filed May 11, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: Chapter 262 and section 262.270, RSMo Supp. 1987. Emergency rule filed Aug. 2, 1990, effective Aug. 12, 1990, expired Dec. 9, 1990. Emergency rule filed Aug. 5, 1991, effective Aug. 15, 1991, expired Dec. 12, 1991. Original rule filed April 2, 1992, effective Jan. 15, 1993.

Chapter 5 Admissions

2 CSR 50-5.010 Admissions Policy {#sec-2-csr-50-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-5.010}

(Rescinded December 30, 2018)

Rescinded: Filed May 11, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: Chapter 262 and section 262.270, RSMo Supp. 1987. Original rule filed April 2, 1992, effective Jan. 15, 1993.

Chapter 6 Contracts for Goods and Services Needed by the Missouri State Fair

2 CSR 50-6.010 Hiring Procedures for Personnel During the State Fair {#sec-2-csr-50-6.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-6.010}

2 CSR 50-6.040 Contracts to Provide Entertainment at the State Fair AGRICULTURE and Services Needed by the Missouri State Fair {#sec-2-csr-50-6.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-6.040}

2 CSR 50-6.010 Hiring Procedures for Personnel During the State Fair Dec. 30, 2018. {#sec-2-csr-50-6.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-6.010}

2 CSR 50-6.020 Contracts for Professional Services Dec. 30, 2018. {#sec-2-csr-50-6.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-6.020}

2 CSR 50-6.030 Solicitation of Sponsors for the State Fair Dec. 30, 2018. {#sec-2-csr-50-6.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-6.030}

2 CSR 50-6.040 Contracts to Provide Entertainment at the State Fair Dec. 30, 2018. {#sec-2-csr-50-6.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-6.040}

JOHNR. ASHCROFT(11/30/18)

Chapter 7 Off-Season Use of State Fair Facilities

2 CSR 50-7.010 Policy and Procedure for Use of Any Facility at the State Fair During AGRICULTURE Fair Facilities {#sec-2-csr-50-7.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-7.010}

2 CSR 50-7.010 Policy and Procedure for Use of Any Facility at the State Fair During the Off-Season {#sec-2-csr-50-7.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 50-7.010}

(Rescinded December 30, 2018)

Rescinded: Filed May 11, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: Chapter 262 and section 262.270, RSMo Supp. 1987. Original rule filed April 2, 1992, effective Jan. 15, 1993.

Division 60 Grain Inspection and Warehousing

Chapter 1 Organization and Description

2 CSR 60-1.010 General Organization {#sec-2-csr-60-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-1.010}

PURPOSE: The purpose of this rule is to comply with section 536.023, RSMo which requires each agency to adopt as a rule a description of its operation and the methods where the public may obtain information or make submissions or requests.

(1) The Division of Grain Inspection and Warehousing is a unit of the Department of Agriculture, state of Missouri.

(A) One (1) responsibility of the division is the Grain Inspection Program, an inspection agency designated by the United States Department of Agriculture, which provides services pertaining to grain inspection as set out in The United States Grain Standards Act. As a disinterested third party, this program ensures the buyer and seller of a fair market value of their grain. The duties consist of official sampling, inspection, weighing, and chemical analysis of grain and official processed commodities supervision.

(B) A second responsibility of the division is the Grain Regulatory Program that provides regulatory oversight to the grain warehouse and merchandising industry. This oversight ensures a financially stable grain marketing system in Missouri where grain farmers can both store and merchandise their grain production. The duties consist of reviewing financial statements in the licensing process and periodic on-site audits of the licensees’ facilities.

(C) A third responsibility of the division is the Commodity Services Program which is responsible for checkoff collections of nine Missouri commodities: beef, corn, soybeans, rice, sheep and wool, wine, aquaculture, peaches, and apples. This program is responsible for conducting seven (7) annual merchandising council elections on behalf of the director: beef, corn, soybean, rice, sheep, aquaculture, and wine.

(2) The address of the main division office is—PO Box 630, 1616 Missouri Boulevard, Jefferson City, MO 65102, (573) 751-4112.

Filed May 18, 2018, effective Jan. 30, 2019. *Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

JOHNR. ASHCROFT(12/31/18)

History

• AUTHORITY: section 536.023, RSMo 2016. Original rule filed April 9, 1976, effective July 15, 1976. Amended: Filed Oct. 25, 1999, effective June 30, 2000. Amended:

Chapter 2 Grain Sampling

2 CSR 60-2.010 Grain Sampling {#sec-2-csr-60-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-2.010}

(Rescinded January 30, 2019)

Original rule filed Oct. 14, 1976, effective Jan. 14, 1977. Rescinded: Filed May 18, 2018, effective Jan. 30, 2019.

Op. Atty. Gen. No. 15, 4-13-78.The Director of the Department of Agriculture may set fees for grain inspection and sampling services either on a uniform basis throughout the state or on a separate basis at each location, so long as the revenue produced from the fees meet the expenses of administering Chapter 411 (RSMo) in a statewide basis or at each location.

JOHNR. ASHCROFT(12/31/18)

History

• AUTHORITY: section 265.505, RSMo 1986.

Chapter 4 Missouri Grain Warehouse Law

2 CSR 60-4.010 Definitions {#sec-2-csr-60-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.010}

(Rescinded May 11, 1980)

Original rule filed May 5, 1972, effective May 15, 1972. Rescinded: Filed Feb. 13, 1980, effective May 11, 1980.

History

• AUTHORITY: section 411.070, RSMo 1978.

2 CSR 60-4.011 Agricultural Commodities to be Regulated as Grain {#sec-2-csr-60-4.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.011}

PURPOSE: This rule explains the interpretation made by the department regarding the definition of grain in section 411.026(17), RSMo.

(1) Rice shall be regulated as grain in addition to any grain for which the United States Department of Agriculture has established standards under the United States Grain Standards Act. 1998.* Original rule filed March 12, 1982, effective June 11, 1982. Amended: Filed Jan. 11, 1985, effective May 26, 1985. Amended:

Filed Dec. 13, 1989, effective May 31, 1990.

Amended: Filed Feb. 27, 1991, effective July 8, 1991. Amended: Filed Oct. 25, 1999, effective June 30, 2000.

2 CSR 60-4.015 Scope of Law {#sec-2-csr-60-4.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.015}

PURPOSE: This rule explains the interpretation made by the department regarding the scope of the Missouri Grain Warehouse Law as provided in section 411.015, RSMo.

(1) The provisions of the Missouri Grain Warehouse Law apply to all warehouse workers (warehousemen, as defined in section 411.026, RSMo) and warehouses located in Missouri. Warehouse workers and warehouses licensed under the United States Warehouse Act are exempted from those provisions of the law which are specifically addressed and covered in the United States Warehouse Act.

History

• AUTHORITY: section 411.070, RSMo 1986. Original rule filed Nov. 2, 1992, effective May 6, 1993.

2 CSR 60-4.016 Application of Law Original rule filed Jan. 5, 1993, effective June 7, 1993. Rescinded: Filed May 18, 2018, effective Jan. 30, 2019. {#sec-2-csr-60-4.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.016}

2 CSR 60-4.020 Audit of Warehouses— Fees {#sec-2-csr-60-4.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.020}

PURPOSE: This rule states the scheduled fees to be charged for warehouse examinations.

(1) Actual capacity, not over 150,000 bushel (bu.) capacity, minimum fee $50; 150,001 bu.—300,000 bu., $50 plus 60¢per 1000 based on 1/3 capacity of excess over 150,000 bu.; 300,001 bu.—600,000 bu., $80 plus 50¢ per 1000 based on 1/3 capacity of excess over 300,000 bu.; 600,001 bu.—1,200,000 bu., $130 plus 40¢per 1000 based on 1/3 capacity of excess over 600,000 bu.; 1,200,001 bu.—2,400,000 bu., $210 plus 30¢per 1000 based on 1/3 capacity of excess over 1,200,000 bu.; 2,400,001 bu.—4,800,000 bu., $330 plus 20¢per 1000 based on 1/3 capacity of excess over 2,400,000 bu.; and over 4,800,000 bu., $490 plus 15¢per 1000 based on 1/3 capacity of excess over 4,800,000 bu.

History

• AUTHORITY: section 411.070(6), RSMo 1986. This rule was previously filed as 2 CSR 40-4.020. Original rule filed May 5, 1972, effective May 15, 1972. Rescinded and readopted: Filed Feb. 13, 1980, effective May 11, 1980.

2 CSR 60-4.030 Warehouse License—Fees {#sec-2-csr-60-4.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.030}

PURPOSE: This rule states the schedule of fees to be charged for public warehouse licenses.

(1)

Actual Capacity Fee (bushels)(per year) 1–100,000$100 100,001–300,000$200 300,001–600,000$250 600,001–900,000$300 900,001–1,500,000$350 1,500,001–2,500,000$400 2,500,001–3,500,000$450 over 3,500,000add $50 for each additional million bushels.

Filed Feb. 13, 1980, effective May 11, 1980.

Amended: Filed Dec. 29, 2015, effective June 30, 2016. 1980, 1986, 1993, 1995, 1997.

History

• AUTHORITY: section 411.070, RSMo 2000. 4.030. Original rule filed May 5, 1972, effective May 15, 1972. Rescinded and readopted:

2 CSR 60-4.040 Licensing of Grain Weighers and Grain Inspectors {#sec-2-csr-60-4.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.040}

(Rescinded June 30, 2000) 4.040. Original rule filed May 5, 1972, effec- 1980, effective May 11, 1980. Rescinded:

Filed Oct. 25, 1999, effective June 30, 2000.

2 CSR 60-4.045 Weighing of Grain Original rule filed Nov. 2, 1992, effective May 5, 1993. Rescinded: Filed May 18, 2018, effective Jan. 30, 2019. {#sec-2-csr-60-4.045 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.045}

2 CSR 60-4.050 Warehouse Receipts {#sec-2-csr-60-4.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.050}

PURPOSE: This rule states the requirements for negotiable warehouse receipts including the issuance, distribution, cancellation, retention, and the procedures required when a negotiable receipt is lost or stolen, including the issuance of duplicate receipts, and also requirements on nonnegotiable receipts.

(1) All paper negotiable warehouse receipts must be ordered from the Missouri Department of Agriculture, GRS, PO Box 630, Jefferson City, MO 65102. Copies shall be distributed as follows:

(A) The original copy of the negotiable warehouse receipt must be issued to the owner of the stored commodity; and (B) The original warehouse receipt stub and at least one (1) copy of each warehouse receipt ordered, whether issued or voided, must be retained by the warehouseman in accordance with section 411.383, RSMo.

(2) The cancellation date, method of disposition and disposition document number must be shown on each original warehouse receipt cancelled by the warehouseman.

(3) If the original copy of a negotiable warehouse receipt is lost, stolen, or destroyed by the owner, the following procedures must be followed:

(A) The owner(s) of the receipt shall complete and file an affidavit, on a form approved by the department, with the issuing warehouseman stating that s/he is lawfully entitled to the possession of the original receipt, that s/he has not negotiated or assigned the original receipt, how the original receipt was lost, stolen or destroyed, and that a diligent effort has been made to find the receipt without success;

(B) The owner also shall obtain and file with the warehouseman a lost instrument bond, issued by a surety company that is authorized to do business in Missouri, in an amount equal to double the current value of the commodity represented by the lost warehouse receipt. The bond shall indemnify the warehouseman against loss, liability, or expense that may be sustained as a result of the warehouseman’s issuance of duplicate (replacement) receipt; and (C) Upon receipt of the previously mentioned documents, the warehouseman shall issue a duplicate (replacement) warehouse receipt with the same terms, subject to the same conditions and bearing on its face the number and date of the receipt which it is replacing, along with the word DUPLICATE.

(4) If the original copy of a negotiable warehouse receipt is lost or destroyed by a licensed warehouseman, the director shall require proof of that loss or destruction and may require the warehouseman to sign an affidavit stating— that the receipt has been lost or destroyed and therefore cannot be produced for cancellation, that delivery or payment in full for the commodity receipted has been made to the owner, and that the warehouseman has not negotiated the receipt for value. The director also may require the owner(s) of the negotiable receipt to sign an affidavit stating that s/he received delivery of, or payment in full for, the grain represented by the receipt and that the original receipt was given to the warehouseman for cancellation.

(5) A summary of all nonnegotiable warehouse receipts, other than scale tickets, issued by a licensed warehouse must be made available to department auditors or mailed to the Missouri Department of Agriculture, GRS, P.O. Box 630, Jefferson City, MO 65102. The summary must state the bushel amount and current market value of each type of commodity receipted and the total dollar amount receipted.

(6) Negotiable electronic warehouse receipts may be utilized. All electronic warehouse receipts must be obtained from a Missouri Department of Agriculture approved provider.

Filed March 2, 1989, effective May 25, 1989.

Rescinded and readopted: Filed Feb. 2, 1990, effective May 31, 1990. Amended: Filed Dec. 29, 2015, effective June 30, 2016. 1980, 1986, 1993, 1995, 1997.

History

• AUTHORITY: section 411.070, RSMo 2000. 4.050. Original rule filed May 5, 1972, effec- 1980, effective May 11, 1980. Amended:

2 CSR 60-4.060 Safety Requirements {#sec-2-csr-60-4.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.060}

4.060. Original rule filed May 5, 1972, effec- 31, 1990. Rescinded: Filed May 18, 2018,

2 CSR 60-4.070 Notification of Destruction or Damage to Grain 1998. {#sec-2-csr-60-4.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.070}

This rule was previously filed as 2 CSR 40-4.070. Original rule filed May 5, 1972, effective May 15, 1972. Amended: Filed Feb. 13, 1980, effective May 11, 1980. Amended:

Filed Dec. 13, 1989, effective May 31, 1990.

Amended: Filed Oct. 25, 1999, effective June 30, 2000. Rescinded: Filed May 18, 2018,

2 CSR 60-4.080 Storage Space Approval {#sec-2-csr-60-4.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.080}

PURPOSE: This rule establishes requirements for the approval of warehouse storage space for licensing.

(1) Upon receipt of an application for a warehouse license, the director shall verify the following prior to approving storage space for licensing:

(A) The flooring is steel or concrete, except for wooden elevators and raised aeration floors;

(B) The sidewalls are rigid and self-supporting;

(C) The space is immobile;

(D) Adequate means of entrance and exit to the storage space are provided; and (E) The space is otherwise capable of maintaining the quantity and quality of grain stored in it.

(2) The requirements for flooring, sidewalls, and immobility may be modified by the director for emergency or temporary storage on a case-by-case basis if it is shown that adequate protection for stored grain is provided by the storage space.

(3) Approved space may be used only when all other licensing requirements have been met, and a warehouse license has been issued by the director.

(4) The licensed storage capacity of the warehouse may be increased upon the director’s verification that the space to be added meets the requirements of section (1) of this rule; however, prior to using any additional space, the warehouseman, based on the increased capacity, shall increase stock insurance and license security to the amounts required under sections 411.278, 411.281 and 411.290, RSMo.

(5) The licensed storage capacity of the warehouse may be decreased or space deleted from a license upon the director’s verification that all grain has been removed from the space. However, if the space is connected to other licensed space by grain transporting equipment, the director may consider the space one (1) functional unit and require the space to remain licensed.

History

• AUTHORITY: section 411.070, RSMo 2016. 4.080. Original rule filed May 5, 1972, effec- 31, 1990. Amended: Filed May 18, 2018,

2 CSR 60-4.081 Approval of Emergency Storage Emergency rule filed Nov. 19, 1992, effective Nov. 29, 1992, expired Dec. 31, 1992. {#sec-2-csr-60-4.081 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.081}

4CODE OF STATE REGULATIONS

2 CSR 60-4.090 Scale Tickets {#sec-2-csr-60-4.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.090}

4.090. Original rule filed May 5, 1972, effec- 31, 1990. Rescinded: Filed May 18, 2018,

2 CSR 60-4.100 Daily Position Record {#sec-2-csr-60-4.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.100}

PURPOSE: This rule clarifies the requirements of a perpetual inventory record.

(1) A perpetual inventory record shall be called a daily position record for the purpose of this rule. This record must reflect grain movements in and out of the warehouse and total amount of grain stocks in the warehouse at the close of each business day. A business day shall be defined as any twenty-four (24)hour period, during which time business is conducted. All entries to the daily position record shall be supported by source documents.

(2) Adjustments for shrinkage due to operational and moisture losses shall be made to the daily position record at least once per month, based on a shrinkage policy established by the warehouseman. The policy shall be formulated so that calculated losses are representative of actual shrinkage incurred.

(3) Upward or downward adjustments of the daily position record to measured inventory may be made only upon departmental approval or when ordered by departmental auditors.

(4) Upward or downward adjustments of the daily position record to actual weigh-up inventory may be made at any time. However, the warehouseman shall furnish upon request of the department copies of scale tickets used in the weigh-up.

History

• AUTHORITY: section 411.070, RSMo 1986. 4.100. Original rule filed May 5, 1972, effec- 31, 1990.

2 CSR 60-4.110 Preparation of Financial Statements {#sec-2-csr-60-4.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.110}

PURPOSE: This rule sets forth what financial statements are required with an application for a Missouri grain warehouse license, who may prepare the financial statements, how these financial statements shall be prepared and what assets may be disallowed for licensing purposes.

(1) The following definitions shall apply to these rules:

(A) Balance sheet—A statement of assets, liabilities and net worth;

(B) Combined balance sheet—A statement that includes all business and personal assets, liabilities and net worth of an individual;

(C) Director—The director of the Missouri Department of Agriculture or a designated representative;

(D) Generally accepted accounting principles (GAAP)—The conventions, rules and procedures necessary to define accepted accounting practice, which include broad guidelines of general application as well as detailed practices and procedures generally accepted by the accounting profession and which have substantial authoritative support from the American Institute of Certified Public Accountants;

(E) Personal balance sheet—A statement of personal assets, liabilities and net worth for an individual including the net equity of all business interests other than those for which an application is being made;

(F) Certified public accountant—Any person permitted to engage in the practice of public accounting under Chapter 326, RSMo;

(G) Qualified accountant—A certified public accountant competent in the application of GAAP provided that this person is not the applicant. Also, that if the applicant is an individual, this person is not an employee of the applicant, or if the applicant is a corporation or partnership, this person is not an officer, shareholder, partner or employee of the applicant; and (H) Statement of income and expenses—A statement showing the income and expenses of a particular entity for a given period of time.

(2) All applicants for a Missouri grain warehouse license shall submit a balance sheet and a statement of income and expenses. The financial statements shall be no more than six (6) months old, unless waived by the director.

If waived, the director may require interim financial statements as s/he deems necessary.

The financial statements shall be prepared by a qualified accountant in accordance with these rules. If the applicant’s qualified accountant has prepared a statement of retained earnings, a statement of changes in financial position, and notes and disclosures to the financial statements, then these items shall also be submitted.

(3) The applicant shall submit copies of the financial statements submitted to the applicant’s bonding company, or submitted to the Commodity Credit Corporation in support of a Uniform Grain Storage Agreement, or submitted to the United States Department of Agriculture in support of a federal warehouse license if the financial statements are prepared as of a different date, or for a different period of time, or to show different amounts than those submitted with the application for a Missouri grain warehouse license.

(4) The financial statements required by these rules shall be prepared in accordance with GAAP except as otherwise allowed or required by these rules.

(5) All financial statements required by these rules shall be prepared on the accrual basis of accounting unless waived by the director. If waived, the director may require the applicant to provide an estimate, prepared by the applicant’s qualified accountant, of the effect of converting the financial statements to the accrual basis of accounting.

(6) If the applicant is an individual, the applicant shall submit a balance sheet and a statement of income and expenses for the proprietorship business in accordance with GAAP.

If the applicant is an individual, the applicant also shall submit a personal balance sheet.

The applicant, in lieu of submitting a business and a personal balance sheet, may submit a combined balance sheet. Personal nonbusiness assets should be shown at the lower of historical cost or estimated fair market value. If the applicant is an individual and desires to show estimated current values that are higher than the historical cost basis for the proprietorship business balance sheet, the personal balance sheet, or the combined balance sheet, the estimated current values should be accompanied by a qualified appraisal. If a qualified appraisal is accepted, appropriate adjustments to the balance sheet will be made by the Missouri Department of (7) If the applicant is a partnership, the applicant shall submit a balance sheet and a statement of income and expenses for the partnership business in accordance with GAAP.

Only the partnership assets and liabilities will be considered in computing net worth. The personal financial statements for the individual partners will not be considered in computing net worth.

(8) If the applicant is a partnership and desires to show estimated current values that are higher than the historical cost basis, the estimated current values should be accompanied by a qualified appraisal. If a qualified appraisal is accepted, appropriate adjustments to the balance sheet will be made by the Missouri Department of Agriculture.

(9) If the applicant is a partnership, a copy of a written partnership agreement shall be submitted.

(10) If the applicant is a corporation, the applicant shall submit a balance sheet and a statement of income and expenses for the corporation in accordance with GAAP. If the applicant is a corporation and desires to show estimated current values that are higher than the historical cost basis, the estimated current values should be accompanied by a qualified appraisal. If a qualified appraisal is accepted, appropriate adjustments to the balance sheet will be made by the Missouri Department of (11) If the applicant is a corporation and is a party of a majority- or wholly-owned corporate parent/subsidiary relationship, the applicant shall submit the financial statements required by these rules and the consolidated financial statements. For licensing purposes, the director may use the applicant’s net worth or the consolidated net worth. If the applicant is a wholly- or majority-owned subsidiary, the director may require the applicant to submit a corporate letter of guaranty from the parent company on a form prescribed by the director.

(12) If the applicant is a corporation and is a

part of a group of related corporations that do business with each other where the same individual or partnership owns a controlling interest in all of the corporations, the applicant shall submit the required financial statements for the applicant and the combined financial statements for the group of related corporations.

(13) In determining allowable net worth for licensing purposes, the director shall disallow the following assets if s/he is of the opinion that these assets are withdrawals of equity or that these assets are uncollectible: 1) notes receivable due from stockholders, 2) accounts receivable, 3) advances to affiliates, 4) investments or equities in cooperatives or 5) goodwill. The director also may disallow other assets that in his/her opinion are or may be withdrawals of equity, or that are or may be uncollectible.

Filed March 16, 1988, effective June 27, 1988. Amended: Filed Oct. 25, 1999, effective June 30, 2000. *Original authority 411.070, RSMo 1941, amended 1955, 1965, 1977, 1980, 1986, 1993, 1995, 1997; and 411.260, RSMo 1939, amended 1941, 1949, 1965, 1977, 1986, 1997.

History

• AUTHORITY: sections 411.070 and 411.260, RSMo Supp. 1998. Original rule filed Feb. 13, 1980, effective May 11, 1980. Amended:

2 CSR 60-4.120 Tariffs {#sec-2-csr-60-4.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.120}

PURPOSE: This rule states when a tariff must be submitted to the department and establishes what the tariff must contain.

(1) A schedule of charges shall be submitted with an original warehouse license application.

An amended schedule of charges may be filed at any time. The schedule shall contain rates to be charged for storage, receiving, loadout, cleaning, drying, and any other charges applicable to the conditioning or processing of grain delivered by patrons of the warehouse. The schedule of charges also shall set forth any minimum charges, shrinks, or time limits applicable to grain storage accounts.

(2) The charges applicable to stored products shall be those which were in effect at the time of delivery, except that if a new or amended schedule of charges is filed, the new rate shall be applicable from the anniversary of the deposit date.

Filed May 18, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 411.070, RSMo 2016. Original rule filed Feb. 13, 1980, effective May 11, 1980. Amended: Filed Dec. 29, 2015, effective June 30, 2016. Amended:

2 CSR 60-4.130 Acceptance of Appraisal Values on Financial Statements {#sec-2-csr-60-4.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.130}

PURPOSE: This rule sets forth who is eligible to submit an appraisal of financial statement items, what items may be appraised, who may prepare an appraisal, what an appraisal must contain, the definition of fair market value, how often an appraisal must be submitted, and how an appraisal will be discounted.

(1) A grain warehouseman holding a Missouri public grain warehouse license or an applicant for a Missouri public grain warehouse license may submit an appraisal of fixed assets, that is, land, buildings, and equipment, for consideration in computing net worth. However, if at any time the director determines that a serious cash flow problem exists, or that current liabilities far exceed current assets, the director may disallow the use of an appraisal in computing net worth.

(2) An appraisal must be submitted by an individual or company competent and experienced in conducting appraisals and in making assessments of the fair market value of fixed assets as land, buildings, and equipment.

(3) If only land is being appraised, the appraisal may be completed by a real estate salesperson or broker licensed with the Missouri Real Estate Commission or with a comparable commission of another state. If land is appraised by a real estate salesperson or broker, the appraisal must include at least two (2) quotes of recent sales of similar land in the same geographic area. In the absence of recent sales in the area, this requirement may be waived by the director.

(4) If only transportation or farm equipment is being appraised, the appraisal may be completed by an equipment dealer with experience in appraising transportation and farm equipment.

(5) If a grain warehouseman holding a Missouri public grain warehouse license or an applicant for a Missouri public grain warehouse license desires to submit an appraisal, the director may require that the appraisal be conducted by an individual or professional appraisal company holding the designation MAI (Member of the Appraisal Institute) awarded by the American Institute of Real Estate Appraisers (AIREA) of the National Association of Realtors or that the appraisal be conducted by an individual or professional appraisal company who is a member in good standing of the Society of Real Estate Appraisers (SREA).

(6) For an appraisal to be considered in computing net worth the appraiser must state the estimated fair market value of the items being appraised. For the purpose of this rule, fair market value shall be defined to mean the highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus.

6CODE OF STATE REGULATIONS

(7) If buildings, equipment, or both, are being appraised, the appraiser shall use the cost approach (replacement cost less depreciation) or the market-data approach, unless an alternate approach is approved by the director.

(8) If an appraiser determines fair market value by computing the replacement cost less depreciation, the appraisal process shall include, but not be limited to, the following steps:

(A) If land is appraised, the value of the land as if vacant is to be estimated;

(B) If improvements on the land are appraised, the cost to reproduce (new) the existing improvements is to be estimated;

(C) For the improvements, the deduction for depreciation from all causes is to be estimated; and (D) If applicable, the value of the land is to be added to the cost to reproduce (new) the existing improvements less the deduction for depreciation from all causes.

(9) To determine the deduction for depreciation from all causes, the appraiser should evaluate and estimate the disadvantages and deficiencies of the existing improvements as compared with new improvements. Depreciation, when measured as a disadvantage or deficiency, may be one (1) or all of the following kinds:

(A) Physical deterioration—deterioration or the physical wearing out of the property;

(B) Functional obsolescence—a lack of desirability in layout, style, and design as compared with that of a new property serving the same function; and (C) Economic obsolescence—relating to a loss of value from causes outside the property itself.

(10) If an appraiser determines fair market value by using the market-data approach or comparison approach, the appraiser shall determine fair market value by comparing known sales of similar properties which have occurred within a recent period of time to the subject property.

(11) All appraisals must be accompanied by a statement of the appraiser’s qualifications unless the statement is already on file with the department. This statement should include the appraiser’s educational background, his/her experience in preparing appraisals, memberships in professional appraisal societies and organizations, and a partial list of past clients.

(12) The appraisal must include a detailed description of the basic method or technique by which the appraised value was determined and must include a certification signed by the appraiser making the following statement:

(A) The appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property;

(B) The appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the parties involved;

(C) The appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the appraiser’s knowledge and belief, all statements and information in the appraisal report are true and correct, and the appraiser has not knowingly withheld any significant information;

(D) If the appraiser is affiliated with an appraisal organization, the appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and the Standards of Professional Conductof the appraisal organization; and (E) All conclusions and opinions concerning the properties that are set forth in the appraisal report were prepared by no one other than the appraiser unless otherwise indicated.

(13) The appraiser may set forth all of the limiting conditions (imposed by the terms of the assignment or by the appraiser) affecting the analysis, opinions, and conclusions contained in the appraisal report.

(14) To assist the appraiser in setting forth his/her qualifications, experience, and other information relating to the performance of the appraisal, the director may prepare a form for use by the appraiser. However, in addition to the appraisal form, the appraiser shall submit a copy of the actual appraisal.

(15) An appraisal shall be accepted for a period of four (4) years from the date of the appraisal. However, if during the four- (4-) year period the director becomes of the opinion that there may have been a significant reduction in the value of the appraised property, an updated appraisal may be requested.

Otherwise, once four (4) years has elapsed, a new appraisal must be submitted with the next required financial statement or the department shall use the book value of the appraised property.

(16) The amount by which the appraised value exceeds the licensee’s basis at the time of the appraisal shall be known as appraisal surplus. This value shall be discounted thirty percent (30%) to allow for possible fluctuations in market value and for capital gains taxed that could result if the asset(s) were disposed of at the appraised value. The discounted appraisal surplus shall be added to the book value to arrive at the allowable value for the appraised assets.

(17) If, during the period that an appraisal is allowed, the items included in the appraisal remain on the books or new items are added to the books, the allowable value for fixed assets will be determined by adding the original discounted appraisal surplus to the present book value.

(18) If, during the period that an appraisal is allowed, some of the items included in the appraisal are removed from the books, the allowable value for fixed assets will be determined by recomputing the original discounted appraisal surplus, taking into account the items that must be removed from both the appraisal and the list of book values and adding the adjusted discounted appraisal surplus to the present book value.

(19) If the book value or basis in the property cannot be determined, the director shall discount the appraisal value thirty percent (30%) to allow for possible fluctuations in market value and for capital gains taxes that could result if the asset(s) were disposed of at the appraised value.

(20) An appraisal of assets will not be accepted for a period of one (1) year after that assets are purchased.

Filed March 16, 1988, effective June 27, 1988. Amended: Filed May 18, 2018, effective Jan. 30, 2019. 1965, 1977, 1980, 1986 , 1993, 1995, 1997 and 411.260, RSMo 1939, amended 1941, 1949, 1965, 1977, 1986, 1997, 2014.

History

• AUTHORITY: sections 411.070 and 411.260, RSMo 2016. Original rule filed Jan. 11, 1985, effective May 26, 1985. Amended:

2 CSR 60-4.140 Certificates of Deposit {#sec-2-csr-60-4.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.140}

PURPOSE: This rule sets forth guidelines for the submission, acceptance, safeguarding, possible liquidation and return of a certificate of deposit that has been submitted in lieu of a Missouri grain warehouse bond.

(1) A certificate of deposit (CD) issued by a bank or savings and loan association that is a member in good standing with the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation respectively may be submitted to the Missouri Department of Agriculture in lieu of a Missouri grain warehouse bond as required by sections 411.010–411.800, RSMo. The CD must be in an amount equal to the otherwise required bond.

(2) A CD shall have a term of no longer than one (1) year and shall be automatically renewable. However, the term of the CD may be for a period longer than one (1) year if the issuing bank states in writing that in the event the Missouri Department of Agriculture liquidates the CD, the bank will honor the request for liquidation and will not assess a penalty for early withdrawal.

(3) A CD submitted in lieu of a Missouri grain warehouse bond shall be held in a safedeposit box of a local bank or savings and loan association by the director of the Missouri Department of Agriculture who shall act as trustee for the benefit of all persons storing grain with the warehousemen as set forth in the Missouri Grain Warehouse Law, sections 411.010–411.800, RSMo.

(4) All CDs shall be made payable or properly assigned to the Missouri Department of Agriculture as follows: Pay to the order of the Director of the Missouri Department of Agriculture. If a CD is assigned to the Department of Agriculture, written consent of the assignment must be received from the financial institution issuing the certificate.

The director may make the necessary inquiries to determine that the certificate is negotiable and, if applicable, to confirm that the assignment of the CD to the Missouri Department of Agriculture has been approved by the financial institution issuing the CD.

(5) A CD assigned or purchased by a principal shareholder, officer, employee or any other individual for or on behalf of a licensee shall disclose on its face the name of the licensee in whose favor the CD is deposited.

The balance of any proceeds remaining after liquidation and disbursement shall be paid to the assignor or purchaser.

(6) In the event that a plurality of CDs from any number of sources are deposited in satisfaction of a licensee’s bonding obligation, the director may satisfy claims arising under the Missouri Grain Warehouse Law by liquidating any one (1) or more of these CDs without regard to proration.

(7) In the event that a licensee desires to substitute a bond for a CD then on deposit with the director of agriculture, the CD shall be retained by the Department of Agriculture for a period of ninety (90) days following the later of the effective date of the bond or the date the bond is received by the director. A substitute bond shall be considered as received by the director when the bond is actually received or when a binding verbal commitment for a substitute bond has been accepted by the director. The director may retain the CD beyond ninety (90) days for such time as may be required to fully ascertain the existence of any claims. After that, the CD shall be returned to the purchaser.

Should the maturity date be interposed during this transition period, the director, at the option of the licensee and upon its timely request, shall cause the CD to be liquidated and the proceeds deposited in a passbook savings account for the duration of the transition period, when the funds shall be forwarded to the purchaser or assignor of the CD.

(8) A licensee shall be required to augment CD deposits in any situation where it would be required to increase its coverage under a bond; this augmentation shall be commensurate to the increased bond value required.

(9) All CDs liquidated by the Department of Agriculture pursuant to these rules may be redeemed by collection proceedings through a local bank or savings and loan association selected by the director.

(10) A CD may only be liquidated for disbursement upon the same reasons that bond proceeds may be demanded for disbursement and shall apply to all claims whenever arising.

(11) All interest earned on the CD is to be credited or paid directly to the purchaser of the CD, except in the event of liquidation for the purpose of paying claims, in which event interest attributed to the claim amounts shall be payable to claimants.

(12) If a licensee desires to surrender its license and requests the return of a CD to the CD purchaser, the licensee must return its grain warehouse license and make written request by registered or certified mail with return receipt for return of the CD. Upon receipt of the written request and submission of the grain warehouse license, the director shall hold the CD until the director is satisfied that no claims exist, which may include a minimum ninety (90)-day holding period, before the CD is returned to the purchaser.

(13) If a grain warehouse license is revoked, the CD shall be held by the director for a period of one hundred twenty (120) days or until the director is satisfied that no claims against the licensee exist.

(14) In the event that a licensee desires to substitute a letter of credit for a CD, the director shall return the CD to the purchaser upon receipt and authentication of the letter of credit.

(15) In the event that the amount of the bond required under sections 411.010–411.800, RSMo decreases, a licensee may substitute a CD for the lesser amount; however, that substitution shall be made only at maturity of the CD in possession of the Department of Agriculture, or at such time as approved by the director.

(16) If the decrease in bond requirement is due to a decrease in storage capacity, a minimum ninety (90)-day holding period may be required from the date of the amendment audit, before a decreased CD will be accepted.

(17) If the decrease in bond requirement is due to an increase in net worth, a minimum ninety (90)-day holding period may be required from the date the improved net worth is accepted by the director.

rule filed April 15, 1986, effective April 25, 1986, expired Aug. 23, 1986. Original rule filed May 2, 1986, effective Aug. 25, 1986.

Amended: Filed March 16, 1988, effective June 27, 1988. Amended: Filed Oct. 25, 1999, effective June 30, 2000. *Original authority 411.070(2), RSMo 1941, amended 1955, 1965, 1977, 1980, 1986, 1993, 1995, 1997; and 411.277.1, RSMo 1986, amended 1987.

History

• AUTHORITY: sections 411.070(2) and 411.277.1., RSMo Supp. 1998. Emergency

2 CSR 60-4.150 Letters of Credit {#sec-2-csr-60-4.150 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.150}

PURPOSE: This rule sets forth guidelines for the submission, acceptance of, and proceedings upon a bank letter of credit that has been submitted in lieu of a Missouri grain warehouse bond.

(1) A letter of credit issued by a commercial bank chartered under the laws of Missouri, or any state, or chartered pursuant to the National Banking Act, Title 12 U.S.C. may be submitted to the Missouri Department of Agriculture in lieu of a Missouri grain warehouse bond as required by sections 411.010–411.800, RSMo, provided that the commer cial bank adopts and 8CODE OF STATE REGULATIONS adheres to the rules enumerated in the International Chamber of Commerce publication UCP-600pertaining to letters of credit and issues those letters in conformity with

Article V of the Uniform Commercial Code,

section 400.5-101, RSMo. The letter of credit must be in an amount equal to the otherwise required bond.

(2) The letter of credit shall be irrevocable and the beneficiary shall be the Missouri Department of Agriculture. Payment shall be made immediately upon presentment of a sight draft(s) or a letter of demand signed by the director of agriculture or his/her designated representative without accompanying supporting documentation.

(3) All letters of credit shall conform to a required format, unless waived in writing by the director of agriculture. A standard letter of credit form embodying the required format shall be made available upon the request of any licensee or prospective licensee. Forms may be obtained by directing an inquiry to the Division of Grain Inspection and Warehousing, Missouri Department of Agriculture, P.O. Box 630, Jefferson City, MO 65102 or by telephone at 573-751-4112.

(4) A sight draft or letter of demand upon a letter of credit may be presented for payment only upon the reasons that bond proceeds may be demanded for disbursement and shall apply to all claims whenever arising.

(5)

Letters of credit shall have a term of one (1) year which shall be renewable automatically for additional one- (1-) year terms. A letter of credit may be revoked by the licensee or issuer only at its expiration date by giving the Department of Agriculture at least ninety (90) days written notice, by certified mail, prior to a renewal date. Notice is not deemed sufficiently given unless the director of agriculture receives the cancellation notice in writing, by certified mail, at least ninety (90) days prior to the renewal date of the letter of credit. Upon the timely receipt of this notice, the licensee shall be required to arrange for substitution of a suitable bond or certificate of deposit (CD) at least sixty (60) days prior to the expiration of the letter of credit. If satisfactory evidence of these arrangements is not timely received, the director shall proceed in accordance with the provisions of section 411.275, RSMo.

(6) If a licensee desires to surrender its license and requests the release of a letter of credit, the licensee must return its grain warehouse license and make written request by registered mail or certified mail with return receipt for the release of the letter of credit. Upon receipt of the written request and the submission of the grain warehouse license, the director shall hold the letter of credit until the director is satisfied that no claims exist, which may include a minimum ninety- (90-) day holding period, before notice of release is transmitted to the issuer.

(7) In the event that a licensee desires to substitute a bond for a letter of credit then in possession of the director of agriculture, the letter of credit shall remain in force for a period of ninety (90) days following the later of the effective date of the bond or the date the bond is received by the director. A substitute bond shall be considered as received by the director when the bond is actually received or when a binding verbal commitment for a substitute bond has been accepted by the director. The director may retain the letter of credit beyond ninety (90) days for such time as may be required to fully ascertain the existence of any claims. After that, notice of release shall be transmitted to the issuer of the letter of credit.

(8) In the event that a licensee desires to substitute a CD for a letter of credit, the director shall transmit a release to the issuer of the credit letter upon receipt and authentication of the CD.

(9) In the event that a plurality of letters of credit from any number of issuers are presented in satisfaction of a licensee’s bonding obligation, the director may satisfy claims under the Missouri Grain Warehouse Law by presentment of sight drafts or letter of demand against one (1) or more letters of credit, without regard to proration.

(10) A licensee shall be required to augment letters of credit in any situation where it would be required to increase its coverage under a bond; this augmentation shall be commensurate to the increased bond value required. In the event of a decreased bond requirement, a new letter of credit for the lesser amount may be substituted for a prior letter upon the renewal date of the letter of credit or at that time as approved by the director.

(11) If the decrease in bond requirement is due to a decrease in storage capacity, a minimum ninety- (90-) day bonding period may be required from the date of the amendment audit before a decreased letter of credit will be accepted.

(12) If the decrease in bond requirement is due to an increase in net worth, a minimum ninety- (90-) day bonding period may be required from the date the improved net worth is accepted by the director.

(13) Licensees or prospective licensees may present any combination of CDs, letters of credit, and bonds in satisfaction of its bonding requirement under this chapter; however, in making disbursements for claims, the director shall liquidate the CDs first, draw upon the letters of credit second, and make demand upon the bond(s) third.

(14) When the director has made written demand for payment of a letter of credit, the letter shall be considered paid if the issuing bank pays the sum demanded to the director within three (3) days of the bank’s receipt of that demand, or if the issuing bank deposits the sum demanded in an escrow account solely in the name of the director at a bank designated by the director within three (3) days of the bank’s receipt of that demand. Deposit of the sum demanded in this escrow account shall not constitute refusal or failure of the issuing bank to pay the sum demanded to the director and shall prevent a penalty assessment for refusal or failure to pay the sum demanded to the director. When the sum demanded is deposited in this escrow account, the funds shall remain in the escrow account until the liability of the bank has been determined in accordance with Chapter 411, RSMo. In the event that a penalty assessment is necessary in accordance with Chapter 411, RSMo, the penalty assessment shall begin on the fourth day following the date of the bank’s receipt of written demand for payment by the director and shall be assessed at the rate of one-seventh (1/7) of a week for each day of delay.

Amended: Filed March 16, 1988, effective June 27, 1988. Amended: Filed Oct. 25, 1999, effective June 30, 2000. Amended:

Filed Dec. 29, 2015, effective June 30, 2016. *Original authority 411.070(2), RSMo 1941, amended 1955, 1965, 1977, 1980, 1986, 1993, 1995, 1997; and 411.277.1, rsmo 1986, amended 1987, 1993, 1995, 1997.

History

• AUTHORITY: sections 411.070(2) and 411.277, RSMo 2000. Emergency rule filed April 15, 1986, effective April 25, 1986, expired Aug. 23, 1986. Original rule filed May 2, 1986, effective Aug. 25, 1986.

2 CSR 60-4.160 Short-Term Letters of Credit Emergency rule filed June 18, 1986, effective June 29, 1986, expired Oct. 27, 1986. {#sec-2-csr-60-4.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.160}

2 CSR 60-4.170 Insurance Deductible {#sec-2-csr-60-4.170 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.170}

PURPOSE: This rule provides for the acceptance of insurance policies with deductible clauses.

(1) An insurance policy with a deductible clause pertaining to the insurance of grain stocks contained in a licensed grain warehouse shall be acceptable if the amount of the Missouri grain warehouse bond, or certificate of deposit, or letter of credit submitted in place of a Missouri grain warehouse bond is increased by the amount of the deductible.

Filed May 18, 2018, effective Jan. 30, 2019. 1965, 1977, 1980, 1986, 1993, 1995, 1997 and 411.290, RSMo 1941, amended 1965, 1977, 1986, 1987.

History

• AUTHORITY: sections 411.070 and 411.290, RSMo 2016. Original rule filed March 2, 1989, effective May 25, 1989. Amended:

2 CSR 60-4.180 Claim Valuation {#sec-2-csr-60-4.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.180}

PURPOSE: This rule establishes procedures to be followed in settling storage claims and in determining the value of storage claims. It also sets forth the methods and procedures to be used in allowing claims against the bond (security) files with the Department of (1) The following words, terms and phrases when used in this rule, except where the context clearly indicates otherwise, shall mean:

(A) Board price—purchase price offered by grain warehouses for grain delivered or sold from storage. Generally this price is posted in public view and is changed periodically as market prices change;

(B) Claimant—any person who has a grain storage claim against a licensed warehouse;

(C) Costs of liquidating grain—costs incurred by the department in liquidating and loading out the grain contained in the warehouse. This includes labor to monitor the warehouse facility until the grain is loaded out, load-out of the grain and charges for grading, as well as trucking expenses;

(D) Daily Market Summary—report published daily by the market news section of the marketing division of the Missouri Department of Agriculture which notes among other things, the range of cash truck bids paid for grain to producers for different areas of the state;

(E) Department—the Missouri Department of Agriculture;

(F) Depositor—any person who deposits grain in a warehouse for storage, handling, shipment or processing, or who is the owner or holder of a warehouse receipt, or who is otherwise lawfully entitled to possession of the grain;

(G) Director—the director of the Missouri Department of Agriculture or his/her designated representative;

(H) Licensed warehouse—a warehouse for which the department has issued a license to operate as a public warehouse in accordance with the provisions of Chapter 411, RSMo;

(I) Local paying price—purchase price offered by grain warehouses and grain dealers, with receiving and shipping capabilities similar to the warehouse with storage claims, located in a twenty (20)-mile radius;

(J) Pricing date—the date that a claimant loses the ability, by action of the warehouse or the Missouri Department of Agriculture, to demand redelivery of grain deposited at the warehouse or sell the grain to the warehouse;

(K) Storage claim—occurs upon the inability of a licensed warehouse to redeliver grain to a depositor upon demand;

(L) Storage grain—any grain received in a warehouse, including grain bank grain, unless sold in accordance with the provisions of section(s) 411.325 or 276.401–276.582, RSMo;

(M) Total gross claim value—claimant’s quantity of a commodity multiplied times the unit claim value;

(N) Total net claim value—total gross claim value less warehouse charges and other charges approved by the director or circuit court;

(O) Unit claim value—the price determined by the department in accordance with this rule to be the value per normally traded unit of individual commodities stored by the warehouse as of the pricing date; and (P) Warehouse charges—amounts charged by the licensed warehouse in accordance with the schedule of charges filed with the department. Allowable charges include: storage, receiving, load-out, cleaning, drying, quality discounts and other charges applicable to the conditioning or processing of grain delivered.

(2) When a license of a warehouse is revoked or expires, when a renewal is refused or when an examination conducted by the department shows storage claims, these claims shall be settled in accordance with this rule or as approved by the department.

(3) The department shall determine if a shortage of grain, either in quantity or quality, in the warehouse versus storage grain obligations may exist. If a shortage does exist, the department shall determine if redelivery of grain in the warehouse to storage customers on a pro ratabasis shall be allowed. This determination may be made on the basis of each commodity.

(4) If the department determines that a shortage may exist, the earlier of either the date the license is revoked or expires or renewal is refused, or the date that the redelivery period ends shall be considered the pricing date.

(5) If redelivery is an option, the department shall verify storage claims prior to allowing redelivery. This shall be done by contacting known storage customers, as noted in the records of the warehouse, and public notice of claim filing procedures. This public announcement shall be made by the news media serving the county the warehouse is located in as well as adjoining counties or other counties the warehouse is known to do business in which, all storage claims shall be filed on an affidavit of grain claim form available from the department. The department shall verify all claims based on records of the warehouse, records of the claimant and other means necessary.

(6) The period for filing claims shall be set by the department and shall not be less than seven (7) days after public notice is made.

The failure of a claimant to file a claim within the time period set by the department shall limit the claimant’s ability to participate in redelivery of storage obligations.

(7) To be considered as a claim under the security filed by the warehouse with the department, the period for filing claims shall be sixty (60) days from the date public notice is made. If the department determines that redelivery is not an option, the filing period of claims against the escrow account also shall be sixty (60) days. The department may grant an extension when deemed necessary.

(8) After the claim filing deadline, the department shall reconsider the viability of allowing redelivery, based on claims filed, inventory of grain on hand and if claimants desire redelivery. If the department determines that redelivery is still an option, the department shall establish a redelivery schedule, notify all claimants of this schedule and how quality differences will be handled. Notification may be verbal.

(9) Load-out charges and warehouse charges shall be paid before the grain is loaded out or deducted from the quantity of grain loaded out. The department shall determine the quantity of grain deducted based on the unit claim value.

10CODE OF STATE REGULATIONS

(10) If the department determines that redelivery is not an option, the grain shall be sold at the best price available, as determined by the department. The sale of the grain shall not be delayed by the claims filing period.

Proceeds from the sale of the grain shall be deposited into an interest bearing escrow account to be distributed only upon further order of the director or circuit court. The department shall document bid procedures used, bids received and the reason the bid was awarded if any price other than the highest gross price is accepted. This report shall be available for review by any claimant or other interested party.

(11) The grade on all grain loaded out or sold shall be based on official grades based on submitted samples or official samples as drawn from the grain loaded out unless the grain is sold or redelivered on an as-is, where-is basis, with no quality discounts to apply.

(12) The gross unit claim value may be based on any of the following methods, listed in order of preference. Different methods may be used to value different commodities.

Rationale used should be documented and available for review if any of the methods of lower preference are used:

(A) The board price of the warehouse. If this price varies by more than one percent (1%) from the local paying price, the local paying price shall be used;

(B) The local paying price as determined by the department;

(C) The average bid price for grain reported by the “Daily Market Summary” for the area in which the warehouse is located;

(D) The value per unit of the storage as determined by experts in the industry as defined by the department; and (E) The gross value per unit received for the grain sold less any market basis differential.

(13) Following the determination of the unit claim value, the total gross claim value and net claim value shall be determined.

Warehouse charges shall be computed through the pricing date. Prepaid charges paid by the storage claimant shall not be added to the total gross claim value.

(14) Upon written order of the director or circuit court, proceeds from the sale of a commodity plus accumulated interest shall be distributed on a pro ratabasis to storage customers with a storage claim for that commodity. The amount distributed shall be deducted from the total net claim value. The excess of proceeds from the sale of an individual commodity shall be set aside for distribution by future order of the director or circuit court. Uses of this excess include payment of grain dealer claims for the same commodity, payment of grain dealer claims for other commodities, payment of storage claims within other commodities, payment of lien holders and payment to the warehouse.

(15) The cost of liquidating the grain may be deducted from the proceeds from the sale of the grain. These costs may be paid by the department immediately upon incurring them without waiting for an order approving the payment of storage claims. These costs shall be prorated per commodity. If liquidation costs of any one (1) commodity exceed the proceeds from that commodity, the remaining liquidation costs shall be paid by the department and may be charged to the warehouse.

(16) The department shall document procedures used for valuing claims and the costs of liquidating grain. A report summarizing this information shall be available for review by any claimant or other interested party.

(17) After the distribution of proceeds from the sale of grain, any remaining unpaid claim shall be a claim against the security filed by the warehouse with the department.

Accumulated interest on the proceeds from the sale of grain distributed shall not be considered a reduction in the net claim value. All remaining claim amounts, regardless of commodity, shall be an equal claim against the security. If total remaining claims exceed the total security plus any accumulated interest or penalty, the total proceeds shall be distributed on apro ratabasis, by order of the department or circuit court, to all individual claims per commodity. 1998.* Original rule filed April 19, 1989, effective June 29, 1989. Amended: Filed Oct. 25, 1999, effective June 30, 2000.

Chapter 5 Missouri Grain Dealer’s Law

2 CSR 60-5.010 Agricultural Commodities to be Regulated as Grain {#sec-2-csr-60-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.010}

PURPOSE: This rule explains the interpretation made by the department regarding the definition of grain in section 276.401(16), RSMo.

(1) Rice shall be regulated as grain in addition to any grain for which the United States Department of Agriculture has established standards under the United States Grain Standards Act.

Filed Jan. 11, 1985, effective May 26, 1985. Amended: Filed Feb. 27, 1991, effective July 8, 1991. Amended: Filed Oct. 25, 1999, effective June 30, 2000. *Original authority: 276.401, RSMo 1980, amended 1986, 1987, 1997, 1999; and 276.406, RSMo 1980, amended 1986, 1993, 1995.

History

• AUTHORITY: sections 276.401 and 276.406, RSMo Supp. 1999. Original rule filed March 12, 1982, effective June 11, 1982. Amended:

2 CSR 60-5.020 Interpretive Rule {#sec-2-csr-60-5.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.020}

PURPOSE: This rule explains the interpretation made by the Missouri Department of Agriculture of provisions contained in sections 276.401–276.582, RSMo, which may be confusing or subject to differing interpretations by interested members of the public.

(1) The provisions of section 276.426(2), RSMo, are deemed to mean— (A) Payment for grain delivered and sold to a licensed grain dealer, with final price established at or prior to delivery, is covered under the grain dealer’s security;

(B) Payment of the agreed-upon minimum price of any valid minimum price contract pursuant to 276.461(10), RSMo, is covered by the grain dealer’s security; and (C) Payment for grain delivered to a licensed grain dealer for which title has transferred to the licensed grain dealer prior to final price being established is not covered under the grain dealer’s security. Once title to grain has been transferred under a valid delayed price contract to the licensed grain dealer, the subsequent pricing of the grain is not covered under the grain dealer’s security.

(2) For the purposes of determining coverage under the licensed grain dealer’s security, grain for which a check was issued as payment by a licensed grain dealer that was not paid by the grain dealer’s bank, for whatever reason, shall be as if the check was never written (priced but unpaid, deferred payment, delayed price, or minimum price).

Filed Oct. 25, 1999, effective June 30, 2000. Amended: Filed Jan. 9, 2026, effective Aug. 30, 2026. *Original authority: 276.406, RSMo 1980, amended 1986, 1993, 1995.

History

• AUTHORITY: section 276.406, RSMo 2016. Original rule filed March 15, 1982, effective June 11, 1982. Rescinded and readopted:

2 CSR 60-5.030 Scale Tickets {#sec-2-csr-60-5.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.030}

(Rescinded June 30, 2000)

rule filed March 15, 1982, effective June 11, 1982. Rescinded: Filed Oct. 25, 1999, effective June 30, 2000.

History

• AUTHORITY: sections 276.406 and 276.516, RSMo 1986. Original

2 CSR 60-5.040 Daily Position Record {#sec-2-csr-60-5.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.040}

(Rescinded January 30, 2019)

History

• AUTHORITY: section 276.406, RSMo Supp. 1999. Original rule filed March 15, 1982, effective June 11, 1982. Amended: Filed Oct. 25, 1999, effective June 30, 2000. Rescinded: Filed May 18, 2018, effective Jan. 30, 2019.

2 CSR 60-5.050 Acceptance of Appraisal Values on Financial Statements {#sec-2-csr-60-5.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.050}

PURPOSE: This rule sets forth who is eligible to submit an appraisal of financial statement items, what items may be appraised, who may prepare an appraisal, what an appraisal must contain, the definition of fair market value, how often an appraisal must be submitted and how an appraisal will be discounted.

(1) A grain dealer holding a Missouri grain dealer’s license or an applicant for a Missouri grain dealer’s license may submit an appraisal of fixed assets, such as land, buildings and equipment, for consideration in computing net worth. However, if at any time the director determines that a serious cash flow problem exists or that current liabilities far exceed current assets, the director may disallow the use of an appraisal in computing net worth.

(2) An appraisal must be submitted by an individual or company competent and experienced in conducting appraisals and in making assessments of the fair market value of fixed assets, such as land, buildings and equipment.

(3) If only land is being appraised, the appraisal may be completed by a real estate salesperson or broker licensed with the Missouri State Real Estate Commission or with a comparable commission of another state. If land is appraised by a real estate salesperson or broker, the appraisal must include at least two (2) quotes of recent sales of similar land in the same geographic area. In the absence of recent sales in the area, this requirement may be waived by the director.

(4) If only transportation or farm equipment is being appraised, the appraisal may be completed by an equipment dealer with experience in appraising transportation and farm equipment.

(5) If a grain dealer holding a Missouri grain dealer’s license or an applicant for a Missouri grain dealer’s license desires to submit an appraisal, the director may require that the appraisal be conducted by an individual or professional appraisal company holding the designation Member of the Appraisal Institute (MAI) awarded by the American Institute of Real Estate Appraisers (AIREA) of the National Association of Realtors or that the appraisal be conducted by an individual or professional appraisal company who is a member in good standing of the Society of Real Estate Appraisers (SREA).

(6) For an appraisal to be considered in computing net worth, the appraiser must state the estimated fair market value of the items being appraised. For the purpose of this rule, fair market value shall be defined to mean the highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, buyer and seller each acting prudently, knowledgeable and assuming the price is not affected by undue stimulus.

(7) If buildings, equipment, or both, are being appraised, the appraiser shall use the cost approach (replacement cost less depreciation) or the market data approach, unless an alternate approach is approved by the director.

(8) If an appraiser determines fair market value by computing the replacement cost less depreciation, the appraisal process shall include, but not be limited to, the following steps:

(A) If land is appraised, the value of the land as if vacant is to be estimated;

(B) If improvements on the land are appraised, the cost to reproduce (new) the existing improvements is to be estimated;

(C) For the improvements, the deduction for depreciation from all causes is to be estimated; and (D) If applicable, the value of the land is to be added to the cost to reproduce (new) the existing improvements less the deduction for depreciation from all causes.

(9) To determine the deduction for depreciation from all causes, the appraiser should evaluate and estimate the disadvantages and deficiencies of the existing improvements as compared with new improvements. Depreciation, when measured as a disadvantage or deficiency, may be one (1) or all of the following kinds:

(A) Physical deterioration—deterioration or the physical wearing out of the property;

(B) Functional obsolescence—a lack of desirability in layout, style and design as compared with that of a new property serving the same function; or (C) Economic obsolescence—relating to a loss of value from causes outside the property itself.

(10) If an appraiser determines fair market value by using the market data approach or comparison approach, the appraiser shall determine fair market value by comparing known sales of similar properties which have occurred within a recent period of time to the subject property.

(11) All appraisals must be accompanied by a statement of the appraiser’s qualifications unless that statement is already on file with the department. This statement should include the appraiser’s educational background, his/her experience in preparing appraisals, memberships in professional appraisal societies and organizations and a partial list of past clients.

(12) The appraisal must include a detailed description of the basic method or technique by which the appraised value was determined and must include a certification signed by the appraiser making the following statements:

(A) The appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal nor the compensation for it is contingent upon the appraised value of the property;

(B) The appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the parties involved;

(C) The appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the appraiser’s knowledge and belief, all statements and information in the appraisal report are true and correct and the appraiser has not knowingly withheld any significant information;

(D) If the appraiser is affiliated with an appraisal organization, the appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and the Standards of Professional Conduct of the appraisal organization; and (E) All conclusions and opinions concerning the properties set forth in the appraisal report were prepared by no one other than the appraiser unless otherwise indicated.

(13) The appraiser may set forth all of the limiting conditions (imposed by the terms of the assignment or by the appraiser) affecting the analysis, opinions and conclusions contained in the appraisal report.

(14) To assist the appraiser in setting forth his/her qualifications, experience and other information relating to the performance of the appraisal, the director may prepare a form for use by the appraiser. However, in addition to the appraisal form, the appraiser shall submit a copy of the actual appraisal.

(15) An appraisal shall be accepted for a period of four (4) years from the date of the appraisal. However, if during the four (4)year period the director becomes of the opinion that there may have been a significant reduction in the value of the appraised property, an updated appraisal may be requested. Otherwise, once four (4) years has elapsed, a new appraisal must be submitted with the next required financial statement or the department shall use the book value of the appraised property.

(16) The amount by which the appraised value exceeds the licensee’s basis at the time of the appraisal shall be known as appraisal surplus. This value shall be discounted thirty percent (30%) to allow for possible fluctuations in market value and for capital gains taxes that could result if the asset(s) was disposed of at the appraised value. The discounted appraisal surplus shall be added to the book value to arrive at the allowable value for the appraised assets.

(17) If, during the period that an appraisal is allowed, the items included in the appraisal remain on the books or new items are added to the books, the allowable value for fixed assets will be determined by adding the original discounted appraisal surplus to the present book value.

(18) If, during the period that an appraisal is allowed, some of the items included in the appraisal are removed from the books, the allowable value for fixed assets will be determined by recomputing the original discounted appraisal surplus, taking into account the items that must be removed from both the appraisal and the list of book values and adding the adjusted discounted appraisal surplus to the present book value.

(19) If the book value or basis in the property cannot be determined, the director shall discount the appraisal value thirty percent (30%) to allow for possible fluctuations in market value and for capital gains taxes that could result if the asset(s) was disposed of at the appraised value.

(20) An appraisal of assets will not be accepted for a period of one (1) year after the assets are purchased.

Filed March 16, 1988, effective June 27, 1988. Amended: Filed Oct. 25, 1999, effective June 30, 2000. *Original authority: 276.406, RSMo 1980, amended 1986, 1993, 1995; and 276.421, RSMo 1980, amended 1986, 1987, 1997.

History

• AUTHORITY: sections 276.406 and 276.421, RSMo Supp. 1999. Original rule filed Jan. 11, 1985, effective May 26, 1985. Amended:

2 CSR 60-5.060 Certificate of Deposit {#sec-2-csr-60-5.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.060}

(Rescinded August 25, 1986)

Original rule filed Jan. 10, 1985, effective May 26, 1985. Emergency rescission filed April 15, 1986, effective April 25, 1986, expired Aug. 23, 1986. Rescinded: Filed May 2, 1986, effective Aug. 25, 1986.

History

• AUTHORITY: sections 276.406 and 276.431, RSMo Supp. 1984.

2 CSR 60-5.070 Certificates of Deposit {#sec-2-csr-60-5.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.070}

PURPOSE: This rule sets forth guidelines for the submission, acceptance, safeguarding, possible liquidation and return of a certificate of deposit that has been submitted in lieu of a Missouri grain dealer bond.

(1) A certificate of deposit (CD) issued by a bank or savings and loan association that is a member in good standing with the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation respectively, may be submitted to the Missouri Department of Agriculture in lieu of a Missouri grain dealer bond as required by sections 276.401–276.582, RSMo. The CD must be in an amount equal to the otherwise required bond.

(2) A CD shall have a term of no longer than one (1) year and shall be automatically renewable. However, the term of the CD may be for a period longer than one (1) year if the issuing bank states, in writing, that in the event the Missouri Department of Agriculture liquidates the CD, the bank will honor the request for liquidation and will not assess a penalty for early withdrawal (see 2 CSR 60-4.140 for certificate of deposit waiver of penalty).

(3) A CD submitted in lieu of a Missouri grain dealer bond shall be held in a safe-deposit box of a local bank or savings and loan association by the director of the Missouri Department of Agriculture who shall act as trustee for the benefit of all persons selling grain to the grain dealer as set forth in the Missouri Grain Dealer Law, sections 276.401–276.582, RSMo.

(4) All CDs shall be made payable or properly assigned to the Missouri Department of Agriculture as follows: Pay to the order of the director of the Missouri Department of Agriculture (see

2 CSR 60-4.140 for Certificate of Deposit Assignment Form). {#sec-2-csr-60-4.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-4.140}

If a CD is assigned to the Department of Agriculture, written consent of the assignment must be received from the financial institution issuing the certificate. The director may make the necessary inquiries to determine that the certificate is negotiable and, if applicable, to confirm that the assignment of the CD to the Missouri Department of Agriculture has been approved by the financial institution issuing the CD.

(5) A CD assigned or purchased by a principal, shareholder, officer, employee or any other individual for or on behalf of a licensee shall disclose on its face the name of the licensee in whose favor the CD is deposited. The balance of any proceeds remaining after liquidation and disbursement shall be paid to the assignor or purchaser.

(6) In the event that a plurality of CDs from any number of sources are deposited in satisfaction of a licensee’s bonding obligation, the director may satisfy claims arising under the Missouri Grain Dealers Law by liquidating any one (1) or more of these CDs without regard to proration.

(7) In the event that a licensee desires to substitute a bond for a CD then on deposit with the director of agriculture, the CD shall be retained by the Department of Agriculture for a period of ninety (90) days following the later of the effective date of the bond or the date the bond is received by the director. A substitute bond shall be considered as received or when a binding verbal commitment for a substitute bond has been accepted by the director. The director may retain the CD beyond ninety (90) days for such time as may be required to fully ascertain the existence of any claims. After that, the CD shall be returned to the purchaser. Should the maturity date be interposed during this transition period, the director, at the option of the licensee and upon its timely request, shall cause the CD to be liquidated and the proceeds be deposited in a passbook savings account for the duration of the transition period, when the funds shall be forwarded to the purchaser or assignor of the CD.

(8) A licensee shall be required to augment CD deposits in any situation where it would be required to increase its coverage under a bond; this augmentation shall be commensurate to the increased bond value required.

(9) All CDs liquidated by the Department of Agriculture pursuant to these rules may be redeemed by collection proceedings through a local bank or savings and loan association selected (10) A CD may only be liquidated for disbursement upon the same reasons that bond proceeds may be demanded for disbursement and shall apply to all claims whenever arising.

(11) All interest earned on the CD is to be credited or paid directly to the purchaser of the CD, except in the event of liquidation for the purpose of paying claims, in which event interest attributed to the claim amounts shall be payable to claimants.

(12) If a licensee desires to surrender its license and requests the return of a CD to the purchaser, the licensee must return its grain dealer license and make written request by registered or certified mail with return receipt for return of the CD. Upon receipt of the written request and submission of the grain dealer license, the director shall hold the CD until the director is satisfied that no claims exist, which may include a minimum ninety (90)-day holding period, before the CD is returned to the purchaser.

(13) If a grain dealer license is revoked, the CD shall be held by the director for a period of one hundred twenty (120) days or until the director is satisfied that no claims against the licensee exist.

(14) In the event that a licensee desires to substitute a letter of credit for a CD, the director shall return the CD to the purchaser upon receipt and authentication of the letter of credit.

(15) In the event that the amount of the bond required under sections 276.401–276.582, RSMo decreases, a licensee may substitute a CD for the lesser amount; however, this substitution shall be made only at maturity of the CD in possession of the Department of Agriculture or at such time as approved by the director.

(16) If the decrease in bond requirement is due to an increase in net worth, a minimum ninety (90)-day holding period may be required from the date the improved net worth is accepted

History

• AUTHORITY: sections 276.406(2) and 276.431, RSMo Supp. 1999. Emergency rule filed April 15, 1986, effective April 25, 1986, expired Aug. 23, 1986. Original rule filed May 2, 1986, effective Aug. 25, 1986. Amended: Filed March 16, 1988, effective June 27, 1988. Amended: Filed Oct. 25, 1999, effective June 30, 2000. Original authority: 276.406, RSMo 1980, amended 1986, 1993, 1995; and 276.431, RSMo 1980 amended 1986, 1987.

2 CSR 60-5.080 Letters of Credit {#sec-2-csr-60-5.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.080}

PURPOSE: This rule sets forth guidelines for the submission, acceptance of, and proceedings upon a bank letter of credit that has been submitted in lieu of a Missouri grain dealer bond.

(1) A letter of credit issued by a commercial bank chartered under the laws of Missouri, or any other state, or chartered pursuant to the National Banking Act, Title 12 U.S.C. may be submitted to the Missouri Department of Agriculture in lieu of a Missouri grain dealer bond as required by sections 276.401– 276.582, RSMo, provided that the commercial bank adopts and adheres to the rules enumerated in the International Chamber of Commerce publication UCP-600 pertaining to letters of credit and issues those letters in conformity with Article V of the Uniform Commercial Code, section 400.5-101, RSMo. The letter of credit must be in an amount equal to the otherwise required bond.

(2) The letter of credit shall be irrevocable and the beneficiary shall be the Missouri Department of Agriculture. Payment shall be made immediately upon presentment of a sight draft(s) or letter of demand signed by the director of agriculture or his/her designated representative, without accompanying supporting documentation.

(3) All letters of credit shall conform to a required format, unless waived in writing by the director of agriculture. A standard letter of credit form embodying the required format shall be made available upon the request of any licensee or prospective licensee. Forms may be obtained by directing an inquiry to the Division of Grain Inspection and Warehousing, Missouri Department of Agriculture, P.O. Box 630, Jefferson City, MO 65102 or by telephone at (573) 751-4112.

(4) A sight draft or letter of demand upon a letter of credit may be presented for payment only upon the reasons that bond proceeds may be demanded for disbursement and shall apply to all claims whenever arising.

(5) Letters of credit shall have a term of one (1) year which shall be automatically renewable for additional one- (1-) year terms.

A letter of credit may be revoked by the licensee or issuer only at its expiration date by giving the Department of Agriculture at least ninety (90) days’ written notice, by certified mail, prior to renewal date. Notice is not deemed sufficiently given unless the director of agriculture receives the cancellation notice in writing, by certified mail, at least ninety (90) days prior to the renewal date of the letter of credit. Upon notice timely received, the licensee shall be required to arrange for substitution of a suitable bond or certificate of deposit (CD) at least sixty (60) days prior to the expiration of the letter of credit. If satisfactory evidence of these arrangements is not timely received, the director shall proceed in accordance with the provisions of section 276.426, RSMo.

(6) If a licensee desires to surrender its license and requests the release of a letter of credit, the licensee must return its grain dealer license and make written request by registered or certified mail with return receipt for the release of the letter of credit. Upon receipt of the written request and the submission of the grain dealer license, the director shall hold the letter of credit until the director is satisfied that no claims exist, which may include a minimum ninety- (90-) day holding period, before notice of release is transmitted to the issuer.

(7) In the event that a licensee desires to substitute a bond for a letter of credit then in possession of the director of agriculture, the letter of credit shall remain in force for a period of ninety (90) days following the later of the effective date of the bond or the date the bond is received by the director. A substitute bond shall be considered as received by the director when the bond is actually received or when a binding verbal commitment for a substitute bond has been accepted by the director. The director may retain the letter of credit beyond ninety (90) days for such time as may be required to fully ascertain the existence of any claims. After that, notice of release shall be transmitted to the issuer of the letter of credit.

(8) In the event that a licensee desires to substitute a CD for a letter of credit, the director shall transmit a release to the issuer of the credit letter upon receipt and authentication of the CD.

(9) In the event that a plurality of letters of credit from any number of issuers is presented in satisfaction of a licensee’s bonding obligation, the director may satisfy claims under the Missouri Grain Dealer’s Law by presentment of sight drafts or letter of demand against one (1) or more letters of credit, without regard to proration.

(10) A licensee shall be required to augment letters of credit in any situation where it would be required to increase its coverage under a bond; this augmentation shall be commensurate to the increased bond value required. In the event of a decreased bond requirement, a new letter of credit for the lesser amount may be substituted for a prior letter upon the renewal date of the letter of credit, or at such time as approved by the director.

(11) If the decrease in bond requirement is due to an increase in net worth, a minimum ninety- (90-) day holding period may be required from the date the improved net worth is accepted (12) Licensees or prospective licensees may present any combination of CDs, letters of credit, and bonds in satisfaction of its bonding requirement under this chapter; however, in making disbursements for claims, the director shall liquidate the CDs first, draw upon the letters of credit second, and make demand upon a bond(s) third.

(13) When the director has made written demand for payment of a letter of credit, the letter shall be considered paid if the issuing bank, within three (3) days of the bank’s receipt of that demand, pays the sum demanded to the director, the sum demanded or if the issuing bank deposits, at a bank designated by the director, in an escrow account solely in the name of the director within three (3) days of the bank’s receipt of that demand. Deposit of the sum demanded in the escrow account shall not constitute refusal or failure of the issuing bank to pay the sum demanded to the director and shall prevent a penalty assessment for refusal or failure to pay the sum demanded to the director. When the sum demanded is deposited in the escrow account, the funds shall remain in the escrow account until the liability of the bank has been determined in accordance with sections 276.401–276.582, RSMo. In the event that a penalty assessment is necessary in accordance with sections 276.401–276.582, RSMo, this penalty assessment shall begin on the fourth day following the date of the bank’s receipt of written demand for payment by the director and shall be assessed at the rate of one-seventh (1/7) of a week for each day of delay.

rule filed April 15, 1986, effective April 25, 1986, expired Aug. 23, 1986. Original rule filed May 2, 1986, effective Aug. 25, 1986.

Amended: Filed March 16, 1988, effective June 27, 1988. Amended:

Filed Oct. 25, 1999, effective June 30, 2000. Amended: Filed Dec. 29, 2015, effective June 30, 2016. *Original authority: 276.406, RSMo 1980, amended 1986, 1993, 1995; and 276.431, RSMo 1980, amended 1986, 1987.

History

• AUTHORITY: sections 276.406 and 276.431, RSMo 2000. Emergency

2 CSR 60-5.090 Short-Term Letters of Credit Emergency rule filed June 19, 1986, effective June 29, 1986, expired Oct. 27, 1986. {#sec-2-csr-60-5.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.090}

2 CSR 60-5.100 Preparation of Financial Statements {#sec-2-csr-60-5.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.100}

PURPOSE: This rule sets forth what financial statements are required with an application for a Missouri grain dealer license, who may prepare the financial statements, how these financial statements shall be prepared and what assets may be disallowed for licensing purposes. Failure to submit financial statements in accordance with these rules may result in denial of the application.

(1) The following definitions shall apply to these rules:

(A) Balance sheet—A statement of assets, liabilities and net worth;

(B) Combined balance sheet—A statement that includes all business and personal assets, liabilities and net worth of an individual;

(C) Director—The director of the Missouri Department of Agriculture or a designated representative;

(D) Generally accepted accounting principles (GAAP)—The conventions, rules and procedures necessary to define accepted accounting practice, which include broad guidelines of general application as well as detailed practices and procedures generally accepted by the accounting profession and which have substantial authoritative support from the American Institute of Certified Public Accountants;

(E) Personal balance sheet—A statement of personal assets, liabilities and net worth for an individual including the net equity of all business interests other than those for which an application is being made;

(F) Certified public accountant—Any person permitted to engage in the practice of public accounting under Chapter 326, RSMo;

(G) Qualified accountant—A certified public accountant competent in the application of GAAP provided that this person is not the applicant. Also, that if the applicant is an individual, this person is not an employee of the applicant, or if the applicant is a corporation or partnership, this person is not an officer, shareholder, partner or employee of the applicant; and (H) Statement of income and expenses—A statement showing the income and expenses of a particular entity for a given period of time.

(2) All applicants for a Missouri grain dealer license shall submit a balance sheet and a statement of income and expenses. The financial statements shall be no more than six (6) months old, unless waived by the director. If waived, the director may require interim financial statements as s/he deems necessary.

The financial statements shall be prepared by a certified public accountant in accordance with these rules. If the applicant’s certified public accountant has prepared a statement of retained earnings, a statement of changes in financial position, and notes and disclosures to the financial statements, then these items shall also be submitted.

(3) The applicant shall submit copies of the financial statements submitted to the applicant’s bonding company, or submitted to the Commodity Credit Corporation in support of a Uniform Grain Storage Agreement, or submitted to the United States Department of Agriculture in support of a federal warehouse license if these financial statements are prepared as of a different date, or for a different period of time, or to show different amounts than those submitted with the application for a Missouri grain dealer license.

(4) The financial statements required by these rules shall be prepared in accordance with GAAP, except as otherwise allowed or required by these rules.

(5) All financial statements required by these rules shall be prepared on the accrual basis of accounting unless waived by the director. If waived, the director may require the applicant to provide an estimate, prepared by the applicant’s qualified accountant, of the effect of converting the financial statements to the accrual basis of accounting.

(6) If the applicant is an individual, the applicant shall submit a balance sheet and a statement of income and expenses for the proprietorship business in accordance with GAAP. If the applicant is an individual, the applicant shall also submit a personal balance sheet. The applicant, in lieu of submitting a business and a personal balance sheet, may submit a combined balance sheet. Personal nonbusiness assets should be shown at the lower of historical cost or estimated fair market value.

If the applicant is an individual and desires to show estimated current values that are higher than the historical cost basis for the proprietorship business balance sheet, the personal balance sheet or the combined balance sheet, the estimated current values should be accompanied by a qualified appraisal.

If a qualified appraisal is accepted, appropriate adjustments to the balance sheet will be made by the Missouri Department of Agriculture.

(7) If the applicant is a partnership, the applicant shall submit a balance sheet and a statement of income and expenses for the partnership business in accordance with GAAP. Only the partnership assets and liabilities will be considered in computing net worth. The personal financial statements for the individual partners will not be considered in computing net worth.

(8) If the applicant is a partnership and desires to show estimated current values that are higher than the historical cost

basis, the estimated current values should be accompanied by a qualified appraisal. If a qualified appraisal is accepted, appropriate adjustments to the balance sheet will be made by the Missouri Department of Agriculture.

(9) If the applicant is a partnership, a copy of a written partnership agreement shall be submitted.

(10) If the applicant is a corporation, the applicant shall submit a balance sheet and a statement of income and expenses for the corporation in accordance with GAAP. If the applicant is a corporation and desires to show estimated current values that are higher than the historical cost basis, the estimated current values should be accompanied by a qualified appraisal. If a qualified appraisal is accepted, appropriate adjustments to the balance sheet will be made by the Missouri Department of Agriculture.

(11) If the applicant is a corporation and is a part of a majorityor wholly-owned corporate parent/subsidiary relationship, the applicant shall submit the financial statements required by these rules for the applicant and the consolidated financial statements. For licensing purposes, the director may use the applicant’s net worth or the consolidated net worth. If the applicant is a wholly- or majority-owned subsidiary, the director may require the applicant to submit a corporate letter of guaranty from the parent company on a form prescribed by the director.

(12) If the applicant is a corporation and is a part of a group of related corporations that do business with each other where the same individual or partnership owns a controlling interest in all of the corporations, the applicant shall submit the required financial statements for the applicant and the combined financial statements for the group of related corporations.

(13) In determining allowable net worth for licensing purposes, the director shall disallow the following assets if s/he is of the opinion that these assets are withdrawals of equity or that these assets are uncollectible: 1) notes receivable due from stockholders, 2) accounts receivable, 3) advances to affiliates, 4) investments or equities in cooperatives and 5) goodwill. The director may also disallow other assets that in his/her opinion are or may be withdrawals of equity or that are or may be uncollectible.

rule was previously filed as 2 CSR 60-5.090. Original rule filed March 16, 1988, effective June 27, 1988. Amended: Filed Oct. 25, 1999, effective June 30, 2000. *Original authority: 276.406, RSMo 1980, amended 1986, 1993, 1995; and 276.421, RSMo 1980, amended 1986, 1987, 1997.

History

• AUTHORITY: sections 276.406 and 276.421, RSMo Supp. 1999. This

2 CSR 60-5.110 Surety Bond Amount Emergency rule filed March 3, 1993, effective March 14, 1994, expired July 11, 1994. {#sec-2-csr-60-5.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.110}

2 CSR 60-5.120 Fees {#sec-2-csr-60-5.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 60-5.120}

PURPOSE: This rule states what fees shall be charged when not specified by statute. This rule sets fees allowed in 276.423, RSMo.

(1) The fees allowed by section 276.423, RSMo, if not specified, shall be the same rates as specified in 276.506, RSMo.

History

• AUTHORITY: section 276.406, RSMo Supp. 1999. Original rule filed Oct. 25, 1999, effective June 30, 2000. Original authority: 276.406, RSMo 1980, amended 1986, 1993, 1995.

Division 70 Plant Industries

Chapter 1 Organization and Description

2 CSR 70-1.010 General Organization {#sec-2-csr-70-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-1.010}

PURPOSE: The purpose of this regulation is to comply with section 536.023, RSMo 1986 which requires each agency to adopt as a rule a description of its operation and the methods which the public may obtain information or make submissions or requests.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Plant Industries Division is a regulatory and service agency of the Missouri Department of Agriculture and is subdivided into the following bureaus and functions:

(A) The Bureau of Plant Pest Control, under the supervision of the state entomologist, is responsible for administering the following statutes:

1. The Missouri Plant Law requires the state entomologist to make mandatory inspections of nurseries and nursery stock including woody plants and perennials. The Act also requires the state entomologist to stay abreast of serious plant pests; to make surveys for and to control the spread of especially serious plant pests; establish and enforce plant pest quarantines; provide inspection service and issue special certification for plants and plant parts to be shipped to foreign countries; and to issue special certification for plants, plant material and other regulated items being shipped from quarantined areas. Rules pertaining to the Missouri Plant Law are filed in

Chapter 10 and Plant Law Quarantines are filed under Chapter 11 of this division; and 2. The Missouri Apiary Law empowers the state entomologist to provide inspection of apiaries within the state and issue certificates on colonies found to be free of American and European foulbrood and other serious bee diseases. This inspection service is optional and must be paid for by the beekeeper receiving inspection. Rules pertaining to the Missouri Apiary Act are filed under

Chapter 15 of this division;

(B) The Bureau of Pesticide Control is responsible for administering the following statutes:

1. The Missouri Pesticide Registration Act requires the registration of all pesticides distributed, sold or held for sale in the state of Missouri. Any pesticide is defined to be any substance intended for preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds or other forms of plant or animal life or viruses, except viruses or fungi on or in living men or other animals. The Act establishes labeling requirements and sets penalties for violators.

Inspections of retail dealers of pesticides are performed throughout the state to enforce compliance with this Act; and 2. The Missouri Pesticide Use Act requires the certification and licensing of persons who apply pesticides for a fee. This includes pest control operators and aerial applicators, as well as other custom applicators of agricultural pesticides. The Act also requires the certification of persons applying any pesticides which have been declared restricted due to its environmental impact.

This group of pesticide applicators includes— farmers, called private applicators; government employees who apply pesticides in the course of their duties; and persons involved in research and experimental programs.

Pesticide technicians are required to attain verifiable training and become licensed.

Dealers of restricted use pesticides must also be licensed. The Act sets penalties for violations. Rules pertaining to the Missouri Pesticide Act are filed under Chapter 25 of this division;

(C) Bureau of Feed and Seed is responsible for administering the following statutes:

1. The Missouri Commercial Feed Law provides for regulation of the feed industry through the registration of commercial feeds and commercial feed manufacturers. The Act requires accurate labeling of commercial feed ingredients. The feed control laboratory supports the work of the bureau by performing analytical tests to determine that protein, fat, fiber, minerals, salt, vitamin A, and drugs actually exist in the feed in the same proportions as guaranteed by the label. The Act gives the director of agriculture the authority to stop-sale any feed failing to meet the labeling claims. An inspection fee of ten cents (10¢) per ton is charged to manufacturers for commercial feed inspected under the program in Missouri. Rules pertaining to the Missouri Commercial Feed Law are filed under Chapters 30 and 31 of this division; and 2. The Missouri Seed Law requires the licensing of wholesale and retail seed dealers and requires accurate labeling of agricultural and vegetable seed sold in this state. The statute also provides for personnel and laboratory facilities to determine that the label guarantees for purity, germination, and noxious weeds are within tolerances set by the Act. The test date for seed must be shown on the label and all seed must be sold within nine (9) months of testing. Stop-sales are placed on seed failing to meet the statutory requirements. Rules pertaining to the Missouri Seed Law are filed under Chapter 35 of this division;

(D) The following statutes are also administered by the Plant Industries Division:

1. Hemp extract cultivation and production facility licensing and inspection

(2) The Plant Industries Division is administered by the divisional director and administrative staff with the main offices located at 1616 Missouri Blvd., Jefferson City, MO 65109.

(A) The mailing address is: Plant Industries Division, Missouri Department of Agriculture, PO Box 630, Jefferson City, MO 65102. Telephone (314) 751-2462 or (314) 751-4310.

(B) The following laboratories and outlying offices are functions of the Plant Industries Division:

1. Feed Control Laboratory, 115 Constitution Drive, Jefferson City, Missouri.

Mail should be sent to PO Box 630, Jefferson City, MO 65102; and 2. Seed Control Laboratory, 115 Constitution Drive, Jefferson City, Missouri.

Mail should be sent to PO Box 630, Jefferson City, MO 65102.

Filed June 14, 2018, effective Jan. 30, 2019. *Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

JOHNR. ASHCROFT(12/31/18)

History

• authority is granted under section 261.265, RSMo. Rules pertaining to this chapter are filed under Chapter 14 of this division; and 2. The Missouri Johnson Grass Control Eradication Law is a county option law which, after approval by a majority electorate of a county, allows the director of agriculture to appoint a county weed control board and requires the control and eradication of Johnson grass on both private and public lands within the county. Rules pertaining to the Missouri Johnson Grass Control and Eradication Law are filed under Chapter 45 of this division.
• AUTHORITY: section 536.023, RSMo 2016. Original rule filed April 9, 1976, effective July 15, 1976. Amended: Filed April 16, 1990, effective Sept. 28, 1990. Amended:

Chapter 10 Missouri Plant Law Rules

2 CSR 70-10.020 Certification of Nursery Stock Is Required and a Copy of the Certificate {#sec-2-csr-70-10.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.020}

2 CSR 70-10.090 Establishment of a Declared Public Nuisance Insect and Plant Disease List AGRICULTURE {#sec-2-csr-70-10.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.090}

2 CSR 70-10.010 Nursery Stock Defined {#sec-2-csr-70-10.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.010}

PURPOSE: This rule defines nursery stock as used in sections 263.010–263.080, RSMo and the corresponding rules.

(1) Nursery stock shall be understood to mean all plants having a persistent woody stem, perennials, bulbs, roots, crowns, corms, rhizomes and tubers capable of propagating, including strawberry, asparagus and rhubarb, but excluding seed potatoes and other garden vegetables. Grass sod, stolons and plugs distributed for the purpose of propagation are also included in the term nursery stock.

Aug. 14, 1958. Amended: Filed April 22, Jan. 1, 1985.

2 CSR 70-10.015 Restricted Nursery Dealer Defined {#sec-2-csr-70-10.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.015}

PURPOSE: This rule defines a restricted nursery dealer.

(1) A nursery dealer with limited sales of nursery stock. The retail value of all nursery stock sold in one (1) license year (October 1 to September 30) shall not exceed two thousand dollars ($2000). Restricted nursery dealers shall be subject to all requirements listed in sections 263.020(4) and 263.070.5(1), RSMo.

Original rule filed Dec. 2, 1991, effective April 9, 1992.

2 CSR 70-10.020 Certification of Nursery Stock Is Required and a Copy of the Certificate Must Be Attached {#sec-2-csr-70-10.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.020}

rule filed Aug. 4, 1958, effective Aug. 14, 1958. Amended: Filed April 22, 1965, effective May 2, 1965. Amended: Filed March 25, 1966, effective April 4, 1966. Amended:

Filed May 27, 1975, effective June 6, 1975.

Rescinded: Filed Aug. 14, 1984, effective Jan. 1, 1985.

History

• AUTHORITY: 263.040, RSMo 1978. Original

2 CSR 70-10.025 Nonprofit Nursery Dealer Defined {#sec-2-csr-70-10.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.025}

PURPOSE: This rule defines a nonprofit nursery dealer.

(1) A nursery dealer registered with the state as a nonprofit organization overseeing membership entities which may offer nursery stock for sale. The sale of such nursery stock is limited to not more than two (2) sales events conducted in a certificate year (October 1 to September 30) for each membership entity, with each sales event lasting a maximum of two (2) days. Nonprofit nursery dealers and their membership entities shall be subject to the provisions of 263.010 to 263.180, RSMo. Nonprofit nursery dealers shall submit notification to the department for each membership entity sale at least thirty (30) days prior to the sale. Notification shall include, but not be limited to, the name, contact name, address, phone number, sale location(s), and sale date(s) for the membership entity.

Original rule filed Oct. 22, 2019, effective May 30, 2020.

2 CSR 70-10.030 Shipments of Nursery Stock May Be Held for Inspection {#sec-2-csr-70-10.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.030}

PURPOSE: This rule authorizes inspection of all foreign shipments of nursery stock and greenhouse stock whether or not they are accompanied by a valid inspection certificate.

It gives the state entomologist the authority to hold any plants or plant products up to twelve hours for inspection.

(1) Any shipment of nursery stock or greenhouse stock, herbaceous or bedding plants, or parts of them, or other plants or plant products in the raw or unmanufactured state, including fruits, nuts, field, vegetable or flower seeds, which is shipped or carried into this state from any foreign country or territorial possession of the United States whether or not accompanied by a valid certificate of inspection may be inspected by the state entomologist or his/her authorized representative, except those countries or territories with which Missouri has reciprocal agreements, and any person who receives the shipment shall hold same subject to instruction.

(2) The state entomologist may cause any plants, plant products, things or substances under the jurisdiction of the Missouri Plant Law to be held for inspection, regardless of whether labeled according to the statutes and rules. These plant products shall not be held for over twelve (12) hours if proper inspection is available.

Aug. 14, 1958. Amended: Filed April 22, Jan. 1, 1985.

2 CSR 70-10.040 Nurseryman to Report Treatment {#sec-2-csr-70-10.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.040}

PURPOSE: This rule requires nursery-men to report to the state entomologist the amount and kinds of nursery stock treated under quarantine requirements.

(1) Each nurseryman shall make a prompt report to the office of the state entomologist of the amounts and kinds of nursery stock fumigated, dipped or otherwise treated under quarantine requirements.

Aug. 14, 1958. Amended: Filed April 22, Jan. 1, 1985.

2 CSR 70-10.050 Out-of-State Nurseryman to Verify Inspection-Certification {#sec-2-csr-70-10.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.050}

PURPOSE: This rule verifies that all nurserymen shipping nursery stock into Missouri have had their nurseries inspected and certified by their state plant regulatory agency.

(1) Any nurseryman of any other state, territory, or district of the United States desiring to ship nursery stock into Missouri shall be listed in their state certified nursery directory and this directory must be filed with the office of the Missouri state entomologist or posted online by their state plant regulatory agency. Nurseries in states that fail to file this directory individually must file a copy of their certificate of inspection with the office of the Missouri state entomologist.

Aug. 14, 1958. Amended: Filed April 22, Jan. 1, 1985. Amended: Filed Oct. 22, 2019, effective May 30, 2020.

2 CSR 70-10.060 Inspection of Noncommercial Plant Material {#sec-2-csr-70-10.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.060}

Aug. 14, 1958. Amended: Filed April 22, 6, 1975. Rescinded: Filed Aug. 14, 1984, effective Jan. 1, 1985.

History

• AUTHORITY: section 263.040, RSMo 1978.

2 CSR 70-10.070 Violation of Federal Quarantine Also State Violation {#sec-2-csr-70-10.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.070}

PURPOSE: This rule makes it a violation of the Missouri Plant Law to violate a United States Department of Agriculture plant quarantine.

(1) Any plants, plant products or any other material moving or moved into the state in violation of a United States Department of Agriculture plant quarantine is a violation of the Missouri Plant Law and the material, plants and plant products shall be held and disposed of under the direction of the state entomologist.

Aug. 14, 1958. Amended: Filed April 22, Jan. 1, 1985.

2 CSR 70-10.075 Fee Schedule {#sec-2-csr-70-10.075 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.075}

PURPOSE: This rule establishes a fee schedule for inspections performed. Monies derived from these inspections are to be deposited in the state treasury and shall not exceed the actual cost of the inspections.

(1) Nursery inspection fees for all plants, except grass sod, shall be as follows: for less than one-half (1/2) acre of salable stock, fifty dollars ($50); one-half to one (1/2–1) acre of salable stock, seventy-five dollars ($75); each additional acre or fraction of an acre, five dollars ($5). Grass sod inspection fees shall be as follows: for less than one-half (1/2) acre of salable stock, fifty dollars ($50); one-half to one (1/2–1) acre of salable stock, seventy dollars ($70); each additional acre or fraction of an acre, two dollars ($2). Fees will be paid at the time of initial application and upon annual renewal.

(2) Fees for the field inspection of grain and forage crops or any other plants or plant products other than nursery stock and sod shall be as follows: for less than one-half (1/2) acre of salable stock, fifty dollars ($50); one-half to one (1/2–1) acre of salable stock, seventy dollars ($70); each additional acre or fraction of an acre, four dollars ($4).

(3) Fees for supervising the fumigation of any plants, plant products, machinery, equipment or any other articles of any nature shall be one hundred dollars ($100) for the first hour worked while on the premises with a one hundred dollar ($100) minimum fee and forty dollars ($40) for each additional hour or fraction of an hour worked while on the premises.

(4) Fees for the inspection of grain elevators, warehouses, and other facilities shall be one hundred dollars ($100) for the first hour worked while on the premises with a one hundred dollar ($100) minimum fee and forty dollars ($40) for each additional hour or fraction of an hour while on the premises. These inspections shall be made as often as required by the destination state or country or the United States Department of Agriculture for the issuance of their certificates.

(5) Fees for specialty-type inspections including, but not limited to, phytosanitary, European corn borer, (that is not a grain elevator), vegetable transplant, house plant inspections, and any other plant regulatory work shall be fifty dollars ($50) for the first hour worked while on the premises with a fifty dollar ($50) minimum fee and forty dollars ($40) for each additional hour or fraction of an hour worked while on the premises.

There shall be a fifty dollar ($50) certification fee for each certificate issued.

(6) Fees for the reissuance of a phytosanitary certificate, or any other type of certificate, based upon a prior inspection or some other documentation shall be fifty dollars ($50).

(7) Anyone desiring a phytosanitary inspection and certification or any other type inspection/certification for plants or plant products may bring those plants or plant products to the inspector at a designated time and place at the inspector’s choosing and have that inspection performed and a certificate issued, providing the plant material meets the requirements of the destination state or country, for a fee of twenty-five dollars ($25) for the inspection and fifty dollars ($50) for each certificate issued.

(8) Payment of inspection and certification fees may be made at the time of inspection, or upon receipt of an invoice from the department. Certificates will not be issued until application has been made, certification requirements have been verified, and previous inspection and certification fees have been paid. Failure to qualify for certification does not remove the obligation of the owner to pay the designated inspection fees.

(9) Fees for greenhouse inspection shall be as follows: for twenty-five thousand (25,000) square feet or less, fifty dollars ($50); for twenty-five thousand one to fifty thousand (25,001–50,000) square feet, seventy dollars ($70); for each additional twenty-five thousand (25,000) square feet or portion, twenty dollars ($20). Fees shall be paid at the time of the fall inspection or upon receipt of an invoice from the department for both inspections performed during the year.

(10) Nursery dealer registration-inspection certificates shall be one hundred twenty-five dollars ($125) annually per outlet and this fee is payable at the time of making application.

Restricted nursery dealer registration-inspection certificates shall be fifty dollars ($50)

(4/30/20) JOHN R. ASHCROFT annually per outlet and this fee is payable at the time of making application. Nonprofit nursery dealer registration-inspection certificates shall be one hundred twenty-five dollars ($125) annually per nonprofit organization overseeing membership entities and this fee is payable at the time of making application. If the nursery dealer registration-inspection certificate is not renewed prior to offering nursery stock for sale, there shall be a penalty of fifty percent (50%) assessed and added to the original fee and paid by the applicant before the registration-inspection certificate shall be issued. This penalty is to recover the costs associated with reinspections.

(11) Annual fees for fruit tree and grapevine virus-free certification shall be as follows: three dollars ($3) per registered fruit tree and one dollar ($1) per registered grapevine. Fees are payable by June 30 for the following year’s certification.

(12) Fees are not prorated and certificates are effective from the time of issuance until the expiration date as mandated by section 263.070, RSMo or the destination state or country.

Original rule filed Sept. 12, 1984, effective Jan. 1, 1985. Amended: Filed Dec. 2, 1991, effective April 9, 1992. Amended: Filed Oct. 22, 2019, effective May 30, 2020.

2 CSR 70-10.080 Certification Requirements {#sec-2-csr-70-10.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.080}

PURPOSE: This rule sets forth the procedures for certification of native wild plant material, virus-free fruit tree nursery stock, and virus-free grapevine nursery stock.

(1) The inspection of collected native wild plant material is required and is provided for in this section. Whenever an individual offers for sale collected native wild plant material, it shall be advertised and sold as such. The buyer must be informed as to the nature of this stock and all shipments must bear a collected native wild plant inspection certificate.

Certification shall be on the basis of inspection of the collecting range or periodic inspections of plant material being sold.

(2) Fruit tree virus disease certification of nursery stock is provided for under this section. Certified nursery stock advertised or sold with reference to freedom from virus and virus-like disease and sources of propagating material for virus-certified nursery stock shall meet one (1) of the following classifications:

(A) Cooperating nurseries may register parent trees with the Missouri Department of Agriculture to serve as source material for scion blocks. These trees will be known as Registered Parent Trees. Registered Parent Trees shall meet the following requirements:

1. The source of budwood for Registered Parent Trees shall be either the Interregional Research Project (IR-2), another governmentapproved virus-free repository or a source indexed and visually inspected for freedom from virus infection under the supervision of the Missouri Department of Agriculture for the following diseases:

A. Malus sources shall be indexed for freedom from stem pitting, stem grooving, spy lethal, bud necrosis, and chlorotic leaf spot. These sources shall have borne fruit and shall be inspected visually for other infectious abnormalities such as scar skin, rubbery wood, mosaic, and flat limb;

B. Pyrus sources shall have borne fruit and shall be inspected visually for foliar and fruit abnormalities of a genetic or infectious nature;

C. Prunus sources shall be indexed for freedom from prunus ring spot virus, prune dwarf virus, and green ring mottle.

They shall have borne fruit and shall be inspected visually for foliar and fruit abnormalities of a genetic or infectious nature; and D. The Missouri Department of Agriculture may require the indexing for any additional virus diseases as it shall determine necessary;

2. The source of understock for Registered Parent Trees shall be one (1) of the following:

A. True seedlings of Malus or Pyrus;

B. Clonal understocks indexed and certified for freedom from virus by the Missouri Department of Agriculture or the department of agriculture of another state or country whose certificate is acceptable to the Missouri Department of Agriculture; and C. Prunus seedlings from seed from trees indexed and certified for freedom from seed-borne virus by the Missouri Department of Agriculture or a certifying body acceptable to the Missouri Department of Agriculture;

3. Registered Parent Trees shall be maintained in isolation from noncertified trees of the same genus. Malus and Pyrus shall have at least one hundred fifty feet (150') of isolation. Prunus shall have at least one-fourth (1/4) mile of isolation;

4. All Registered Parent Trees shall be inspected visually at least once a year under the supervision of the Missouri Department of Agriculture;

5. Registered Parent Trees may be indexed at any time at the discretion of the 6. Any Registered Parent Tree found infected with virus shall be removed within no more than ten (10) days of receipt of notice from the Missouri Department of 7. The nursery shall provide the Missouri ing the location and variety of each Registered Parent Tree. The nursery’s records of the indexing and maintenance history of these trees shall be available for inspection by the notice;

6. The nursery shall notify the Missouri Department of Agriculture before adding any tree to the Registered Parent Tree growing area; and 9. Registered Parent Trees shall be (B) Cooperating nurseries may register groups of trees with the Missouri Department of Agriculture to serve as source material for the propagation of virus-certified nursery stock. These groups of trees will be known as Registered Scion Blocks. Trees in Registered Scion Blocks shall meet the following requirements:

7. The source of budwood for Registered Scion Block Trees shall be from Registered Parent Trees as set forth in subsection (2)(A), IR-2, or another government-approved virusfree repository;

8. The source of understock for Registered Scion Block Trees shall meet the same standards as understocks for Registered Parent Trees as set forth in paragraph (2)(A)2.;

9. Registered Scion Blocks shall be maintained in isolation from noncertified trees of the same genus. Malus and Pyrus shall have at least one hundred fifty feet (150') of isolation. Prunus shall have at least four hundred fifty feet (450') of isolation;

10. In any Registered Scion Blocks established after these rules go into effect, whenever there is more than one (1) variety in a row, there shall be a separation of at least ten feet (10') between varieties;

11. All Registered Scion Blocks shall be inspected visually at least once a year under the supervision of the Missouri Department of Agriculture;

12. Registered Scion Block Trees may be reindexed at any time at the discretion of the 7. Any Registered Scion Block Tree found infected with a virus shall be removed within no more than ten (10) days of receipt of notice from the Missouri Department of 8. The nursery shall provide the Missouri ing the location and varieties included in each Registered Scion Block. The nursery’s records of the sources of budwood and understock shall be available for inspection by the notice;

13. The nursery shall notify the Missouri Department of Agriculture before adding any trees, buds, or understocks to any Registered Scion Block; and 10. Registered Scion Blocks shall be (C) Cooperating nurseries may register Prunus trees with the Missouri Department of Agriculture to serve as a source of seed for the production of virus-certified nursery stock, Registered Scion Block Trees, and Registered Parent Trees. These trees will be known as Registered Seed Source Trees.

Registered Seed Source Trees shall meet the following requirements:

1. Registered Seed Source Trees shall be either indexed under the supervision of the Missouri Department of Agriculture for freedom from seed-borne viruses or must be propagated from budwood and understock meeting the same requirements as for propagating Registered Scion Block Trees as set forth in paragraphs (2)(B)1. and 2.; and 2. Isolation, inspection, indexing, recordkeeping, and notification requirements shall be the same as for Registered Parent Trees as set forth in paragraphs (2)(A)3.–9.;

(D) Cooperating nurseries may register clonal plantings of self-rooted certified trees with the Missouri Department of Agriculture for the purpose of producing vegetativelypropagated rootstocks. These plantings will be known as Registered Stool Beds and shall meet the following requirements:

1. The source of propagating material for Registered Stool Beds shall meet the same requirements as budwood for Registered Parent Trees as set forth in paragraph (2)(A)1.;

2. Registered Stool Beds shall be maintained in isolation of one hundred fifty feet (150') from noncertified trees of the same genus; and 3. Inspection, reindexing, removal, recordkeeping, and notification requirements shall be the same as for Registered Parent Trees as set forth in paragraphs (2)(A)4.–9.;

(E) Nursery stock bearing the Fruit Tree Budwood and Understock Virus Certificate shall meet the following requirements:

1. The source of budwood for the top variety and interstems shall be Registered Scion Block Trees or Registered Parent Trees as set forth in subsections (2)(A) and (B);

2. The source of understock shall be one (1) of the following:

A. True seedlings of Malus or Pyrus;

B. Clonal understocks produced in Registered Stool Beds as set forth in subsection (2)(D) or bearing a virus certificate from a certifying body acceptable to the Missouri Department of Agriculture; and C. Seedlings from seed of Registered Seed Source Trees as set forth in subsection (2)(C) or from seed bearing a virus certificate from a certifying body acceptable to the 3. The nursery stock shall be grown in blocks separated from noncertified trees of the same genus by at least ten feet (10');

4. In any new plantings of nursery stock under this certification established after these rules go into effect, whenever there is more than one (1) variety in a nursery row, there shall be a separation of at least five feet (5') between varieties;

5. The nursery stock shall be inspected 6. Samples of nursery stock bearing the Fruit Tree Budwood and Understock Certificate may be indexed at the discretion of the Missouri Department of Agriculture;

6. The nursery shall provide the Missouri ery stock produced under this certificate. They also shall provide copies of virus certificates for nursery stock and propagating material received from outside Missouri. The records of sources of propagating material shall be open for inspection by the Missouri Department of Agriculture; and 8. Nursery stock in the field and in storage shall be marked in such a manner as to be easily identifiable to the Missouri Department of Agriculture as virus-certified material;

(F) Nursery stock bearing the Fruit Tree Budwood Virus Certificate shall meet the following requirements:

1. The source of budwood for the top variety and interstems shall be Registered Scion Block Trees or Registered Parent Trees as set forth in subsections (2)(A) and (B);

2. The nursery stock shall be grown in blocks separated from noncertified trees of the same genus by at least ten feet (10');

3. In any new plantings of nursery stock under this certification established after these rules go into effect, whenever there is more than one (1) variety in a nursery row there shall be a separation of at least five feet (5') between varieties;

4. The nursery stock shall be inspected 5. Samples of nursery stock may be indexed at the discretion of the Missouri 6. The nursery shall provide the Missouri ery stock produced under this certification.

They also shall provide copies of virus certificates for nursery stock and propagating material received from outside Missouri. The nursery’s records of sources of propagating material shall be open for inspection by the notice; and 7. Nursery stock in the field and in storage shall be marked in such a manner as to be easily identifiable to the Missouri Department of Agriculture and nursery personnel as virus-certified material; and (G) Nursery stock or seed bearing the Fruit Tree Understock Virus Certificate shall meet the following requirements:

1. The source of seed bearing this certificate shall be Registered Seed Source Trees as set forth in subsection (2)(C). Seedlings bearing this certificate must be grown from seed of Registered Seed Source Trees as set forth in subsection (2)(C) or from seed bearing the virus certificate of a certifying body acceptable to the Missouri Department of Agriculture. Clonal understocks bearing this certificate must be propagated in Registered Stool Beds as set forth in subsection (2)(D);

2. Seedlings shall be grown in blocks separated from noncertified trees of the same genus by ten feet (10');

3. The nursery stock shall be inspected 4. Samples of nursery stock or seed bearing the Fruit Tree Understock Virus Certificate may be indexed at the discretion of the Missouri Department of Agriculture;

4. The nursery shall provide the Missouri ery stock and seed produced under this certificate. They also shall provide copies of virus certificates of seed received from outside (4/30/20) JOHN R. ASHCROFT Missouri. The records of sources of propagating materials shall be open for inspection by the Missouri Department of Agriculture; and 6. Nursery stock in the field and in storage and seed in storage shall be marked in such a manner as to be easily identifiable to the Missouri Department of Agriculture as virus-certified material.

(3) Grape virus disease certification of nursery stock is optional and is provided for under this section. Grapevines advertised or sold with reference to freedom from virus and virus-like diseases and propagating material for virus-certified grapevines shall meet one (1) of the following classifications:

(A) Foundation blocks shall be registered with the Missouri Department of Agriculture.

These will serve as source material for the propagation of registered stock blocks and virus-certified nursery stock and may be located at cooperating nurseries or other locations approved by the Missouri Department of Agriculture and shall meet the following requirements:

1. Propagating wood for foundation blocks shall be from material which has been tested for and found to be apparently free from the following viruses: fanleaf degeneration, leaf-roll, corky bark, American grape decline (peach rosette-mosaic virus), fleck, stem-pitting, tobacco ringspot virus, and tomato ringspot virus;

2. Foundation block vines shall be tested at appropriate intervals by the Missouri Department of Agriculture for the viruses listed in paragraph (3)(A)1.;

3. Foundation blocks shall be at least one hundred feet (100') from land on which noncertified grapevines have been grown within the past ten (10) years;

4. All foundation blocks shall be inspected visually at least twice a year in the spring and in the fall by the Missouri 5. Any foundation block plants found to be infected with virus or virus-like diseases shall be removed under the supervision of the Missouri Department of Agriculture and within ten (10) days of receipt of notice from the department;

5. The Missouri Department of Agriculture shall be provided with charts showing the location and variety of each foundation block plant;

6. The Missouri Department of Agriculture shall be notified before any grapevines are added to a foundation block;

7. Foundation block plants shall be Agriculture; and 9. The Missouri Department of Agriculture may require such treatments or precautionary measures as may be necessary to protect against infection or infestation with the viruses listed in paragraph (3)(A)1.;

(B) Registered Stock Block—Cooperating nurseries shall register stock block plants with the Missouri Department of Agriculture.

These may serve as a source of propagating material for nursery stock. Plantings of these vines will be known as Registered Stock Blocks and shall meet the following requirements:

1. Propagating wood for Registered Stock Blocks shall originate from foundation blocks or from grapevines which meet or exceed the Missouri requirements for foundation block plants;

2. Registered Stock Block plants may be tested for infection by viruses at any time at the discretion of the Missouri Department of Agriculture; and 3. Requirements of paragraphs (3)(A)3.– 9. also shall apply to Registered Stock Blocks;

(C) Nursery stock bearing the Grapevine Virus Certificate shall meet the following requirements:

1. The source of propagating wood shall be registered stock block vines, foundation block vines or propagating wood which meets the requirements of Registered Stock Block vines;

2. Samples of nursery stock bearing the Grapevine Virus Certificate may be virustested at the discretion of the Missouri 3. The nursery stock shall be planted at least one hundred feet (100’) from land on which noncertified grapevines have been grown within the past ten (10) years. This also includes container-grown stock;

3. The propagating area shall be disinfected in a manner approved by the Missouri Department of Agriculture any time it is utilized for the propagation of grape plants that do not meet the virus-free certification requirements;

4. The nursery stock shall be inspected at least once a year by the Missouri 6. The nursery shall provide the Missouri Department of Agriculture with the charts showing the growing location and quantity of nursery stock produced under this certificate;

5. Nursery stock in propagating areas in the field and in storage shall be marked in such a manner as to be easily recognizable to the Missouri Department of Agriculture as virus-certified material; and 8. Nursery stock shall remain in the nursery row for no more than two (2) growing seasons; and (D) Foundation container grapevines, grown in greenhouses, which are isolated from noncertified grapevines, may be registered with the Missouri Department of Agriculture to serve as propagating material for virus-certified nursery stock and viruscertified stock plants, and shall meet the following requirements:

6. Propagating wood for foundation container grapevines shall have been tested and found to be apparently free from the viruses listed in paragraph (3)(A)1.;

7. Requirements set forth for foundation blocks in paragraphs (3)(A)3.–9. shall apply to foundation container grapevines; and 3. Nursery stock propagated from foundation container grapevines bearing the Grapevine Virus Certificate shall be no more than four (4) cutting generations removed from plants which have been tested for and found to be apparently free from the diseases listed in paragraph (3)(A)1.

Aug. 14, 1958. Amended: Filed April 22, 6, 1975. Refiled March 11, 1976. Amended:

Filed March 16, 1977, effective June 15, 1977. Amended: Filed Jan. 13, 1982, effective April 15, 1982. Amended: Filed Jan. 13, 1984, effective May 15, 1984. Rescinded:

Jan. 1, 1985. Amended: Filed Oct. 2, 1989, effective Dec. 28, 1989. Amended: Filed June 14, 2018, effective Jan. 30, 2019.

2 CSR 70-10.090 Establishment of a Declared Public Nuisance Insect and Plant Disease List {#sec-2-csr-70-10.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-10.090}

rule filed Aug. 4, 1958, effective Aug. 14, 1958. Amended: Filed April 22, 1965, effective May 2, 1965. Amended: Filed March 25, 1966, effective April 4, 1966. Amended:

Filed May 27, 1975, effective June 6, 1975.

Rescinded: Filed Aug. 14, 1984, effective Jan. 1, 1985.

History

• AUTHORITY: 263.040, RSMo 1978. Original

Chapter 11 Missouri Plant Law Quarantines

2 CSR 70-11.010 Soybean Cyst Nematode Intrastate Quarantine {#sec-2-csr-70-11.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.010}

(Rescinded August 15, 1980)

Filed June 15, 1964, effective June 25, 1964.

Amended: Filed Sept. 13, 1965, effective Sept. 23, 1965. Amended: Filed Dec. 4, 1967, effective Dec. 14, 1967. Amended:

Filed Feb. 27, 1969, effective March 9, 1969.

Amended: Filed Oct. 10, 1969, effective Oct. 20, 1969. Amended: Filed Dec. 8, 1972, effective Dec. 18, 1972. Amended: Filed Jan. 12, 1973, effective Feb. 1, 1973. Rescinded:

Filed May 5, 1980, effective Aug. 15, 1980.

History

• AUTHORITY: sections 263.040 and 263.050 RSMo 1969. Original rule filed Oct. 15, 1957, effective Oct. 25, 1957. Amended:

2 CSR 70-11.020 Japanese Beetle Intrastate Quarantine {#sec-2-csr-70-11.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.020}

Filed April 21, 1970, effective May 1, 1970.

Amended: Filed Oct. 26, 1972, effective Nov. 5, 1972. Amended: Filed Feb. 4, 1987, effective April 26, 1987. Rescinded: Filed June 14, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: sections 263.040 and 263.050, RSMo 1986. Original rule filed Sept. 10, 1959, effective Sept. 20, 1959. Amended:

2 CSR 70-11.030 Pink Bollworm Intrastate Quarantine {#sec-2-csr-70-11.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.030}

rule filed Dec. 10, 1974, effective Dec. 20, 1974. Rescinded: Filed Jan. 28, 1977, effective May 15, 1977. Emergency rule filed Feb. 25, 1994, effective March 7, 1994, expired July 4, 1994. Readopted: Filed May 3, 1994, effective Sept. 30, 1994. Rescinded: Filed June 14, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: sections 263.040, RSMo 1986 and 263.050, RSMo Supp. 1993. Original

2 CSR 70-11.040 Bakanae of Rice Exterior Quarantine {#sec-2-csr-70-11.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.040}

PURPOSE: This rule prohibits the introduction of a serious disease pest of rice, known as Bakanae of rice or Foolish Seedling Disease, caused by the fungal organism,Gibberella fujikuroi(bakanae strains), into the state of Missouri, and establishes those articles and areas which are to be regulated. In the absence of a federal quarantine to prevent the movement and spread of this harmful disease of rice, it is necessary that the state entomologist take action to insure that infected rice seed and other regulated articles are not introduced into the state of Missouri.

(1) It has been determined that a harmful disease pest of rice known as Bakanae (Foolish Seedling Disease), caused by the fungal organism Gibberella fujikuroi(bakanae strains), is not now known to be present in this state, is present in the state of California, designated as the infested area, and that its introduction into Missouri would result in serious loss and damage to the agriculture resources and to the general welfare of the state. Under the authority of section 263.130, RSMo of the Missouri Plant Law, the state entomologist does hereby establish a quarantine to prevent the of entry of rice seed from infested areas into the state of Missouri, and now sets forth the name of the pest against which the quarantine is established, the infested areas, the articles regulated, the rules governing movement of regulated articles, the rules governing issuance of permits, the rules governing suppression activities and the penalty.

(2) The following definitions shall apply to (A) Certificate—a document issued or authorized by the Missouri Department of Agriculture, or regulatory official of the state of origin, indicating that a regulated article is not contaminated with Gibberella fujikuroi (bakanae strains), or has been treated in such a manner as to eliminate the organism. Such articles may be moved to any destination.

(B) Compliance agreement—a written agreement between the Missouri Department of Agriculture and any person engaged in growing, dealing in or moving regulated articles wherein the latter agrees to comply with conditions specified in the agreement to prevent the dissemination of Gibberella fujikuroi (bakanae strains).

(C) Exemptions—provisions contained in these regulations which allow for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.

(D) Farm operator—a person responsible for the production and/or sale of a rice crop on any individual farm.

(E) Infected—the presence of the causal organism on or in seed or any plant part that may or may not sustain and support the living and reproduction of the organism.

(F) Infested—actually infested with the organism or so exposed to infestation that it would be reasonable to believe that an infestation exists.

(G) Inoculum—spores or any other part of the causal organism that might serve to cause the organism to survive and reproduce on any plant or plant part that it comes into contact with.

(H) Inspector—any authorized employee of the Missouri Department of Agriculture, or any other person authorized by the Missouri Department of Agriculture to enforce the provisions of quarantine and its rules.

(I) Limited permit—a document issued or authorized by an inspector or a designated regulatory official to provide for the movement of regulated articles to restricted destination for limited handling, utilization or processing or for treatment.

(J) Mill operator—a person responsible for the operation of a manufacturing plant, and all facilities of that plant, involved in the processing, packaging or handling of rough rice and rice products.

(K) Milled rice—rice that has been subjected to processing to produce products from rough rice.

(L) Milling rice—rice that has been produced, handled, acquired and destined for processing through a mill.

(M) Person—any individual, corporation, company, society, association or other business entity.

(N) Regulated area—any state or any portion of such state that is known to be infested with Gibberella fujikuroi (bakanae strains).

(O) Research rice—any rice seed or rice plant parts that are to be used in a recognized research project conducted by a state or federal program under the supervision of a trained and credentialed professional staff that has in place proper safety programs to prevent the accidental release and/or spread of the disease.

(P) Rice mill—any manufacturing plant and all associated facilities that are involved in processing rough rice to produce rice related products.

(Q) Rice—all parts of rice and wild rice plants of the genera Oryza.

(R) Rice hulls—the outer covering of the rice seed that usually is removed in the milling process.

(S) Rice production area—any area utilized in the growing of rice plants for production of the plant and/or subsequent seed for harvesting in the state of Missouri.

(T) Rice products—any commodity or product that has been produced from any part of the rice plant and may contain parts of the original plant structure or they may be unrecognizable as having originated from the rice plant because of being subjected to additional processing.

(U) Rice mill waste—any trash or discarded material that was originally contained or in contact with rice plants, seed or other plant parts utilized in a milling process.

(V) Rough rice—rice seed harvested, handled and transported in the same form it was in immediately following harvest and removal from the rice plant.

(W) Seed assay—any test available to be applied to a sample, lot or other quantity of seed to determine the presence of Gibberella fujikuroi (bakanae strains).

(X) Seed rice—seed removed from the rice plant and subjected to such processing as to make the seed suitable for use as planting material for subsequent rice crops. This processing may include but is not limited to cleaning, treating and bagging. Depending on the handling and products applied to this seed it may or may not be suitable for human consumption.

(Y) Treatment—any process that may be applied to rice seed or other plant parts in an attempt to modify or affect the presence of Gibberella fujikuroi (bakanae strains).

(Z) Used rice equipment—any equipment previously used to harvest, strip, transport, destroy or process rice.

(3) The following is a list of articles, the (A) The causal agent, Gibberella fujikuroi (bakanae strains), in any living stage of development;

(B) Rice;

(C) Rough rice;

(D) Seed rice;

(E) Research rice;

(F) Milling rice;

(G) Rice hulls;

(H) Rice mill waste;

(I) Used rice equipment;

(J) Any other products, articles or means of conveyance, not covered by this section, when determined by an inspector they present a hazard of spread of Gibberella fujikuroi (bakanae strains) and the person in possession thereof has been so notified.

(4) The following subsections shall govern the movement of regulated articles. Requirements under other applicable state and federal quarantines must also be met:

(A) A certificate or limited permit is required to transport regulated articles from a regulated area into or through any rice production area.

(B) A certificate or limited permit for movement of regulated articles may be obtained from the Missouri Department of Agriculture or an authorized cooperator/collaborator agency.

(C) A certificate or limited permit may be issued by an inspector if a regulated article:

1. Has originated in the non-infested area of this state or in a non-infested area of any other state and has not been exposed to infestation at any time; or 2. Has been treated to eliminate infestation; or 3. Has been subjected to a seed assay to determine if the causal agent is present and none is found; or 4. Has been grown, manufactured, stored or handled in such a manner that in the judgment of the inspector no infestation will be transmitted thereby.

(D) Limited permits may be issued by an inspector to allow the movement of noncertified regulated articles for specified handling, utilization, processing or treatment in accordance with approved procedures, provided the inspector has determined that such movement will not result in the spread of Gibberella fujikuroi (bakanae strains).

(E) When certificates or limited permits are required, they shall be securely fastened to the regulated article or to the outside of the container in which the regulated article is being moved.

(F) Any certificate or limited permit which has been issued or authorized may be withdrawn by the inspector if they determine that the holder thereof has not complied with any conditions for the use of such documents or with any conditions contained in a compliance agreement.

(G) Persons requesting certification or a limited permit must request the services from an inspector(s) at least forty-eight (48) hours before the services are needed. The regulated articles must be assembled at the place and manner in which the inspector designates outside the rice production area. The following information must be provided at the time the request is submitted:

1. The quantity of the regulated article to be moved;

2. The location of the regulated article;

3. The names and addresses of the consignee and consignor;

4. The method of shipment; and 5. The scheduled date of shipment.

(5) Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions; provided, a permit is securely attached to the container of such articles or to the article itself.

(6) As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating or moving such articles may be required to sign a compliance agreement stipulating that s/he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector.

(7) Regulated products transported in violation of this quarantine must be treated or destroyed or returned to the point of origin at the discretion of the state entomologist. Common carriers or other carriers, persons, firms or corporations, who shall transport or move regulated products in violation of this quarantine and these rules shall be subject to the penalties named in section 263.180, RSMo.

(8) Regulated areas include the state of California and any other rice production area where Gibberella fujikuroi (bakanae strains) and/or Bakanae (Foolish Seedling Disease) have been confirmed to occur. 263.130 and 263.140, RSMo Supp. 2004.* Emergency rule filed May 18, 2005, effective May 28, 2005, expired Nov. 23, 2005. Original rule filed June 6, 2005, effective Nov. 30, 2005. 263.130, RSMo 1939, amended 1984; and 263.140, RSMo 1939, amended 1984.

2 CSR 70-11.050 Emerald Ash Borer Intrastate Quarantine and 263.180, RSMo, 2000. Emergency rule filed Aug. 18, 2008, effective Aug. 28, 2008, expired Feb. 26, 2009. Original rule filed Dec. 18, 2008, effective July 30, 2009. {#sec-2-csr-70-11.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.050}

Rescinded: Filed June 14, 2018, effective Jan. 30, 2019.

2 CSR 70-11.060 Thousand Cankers Disease of Walnut Exterior Quarantine {#sec-2-csr-70-11.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.060}

PURPOSE: This rule prevents the introduction into Missouri of a newly-described destructive pest complex known as Thousand Cankers Disease of Walnut, consisting of an 4CODE OF STATE REGULATIONS (12/31/18) JOHNR. ASHCROFT insect pest, the Walnut Twig Beetle, Pityophthorus juglandis, and a fungal pathogen, Geosmithia morbida sp. nov.

(1) It has been determined that Thousand Cankers Disease of Walnut, a lethal insectfungal pathogen pest complex of walnut (Juglans spp.) has been detected in at least nine (9) states (Arizona, California, Colorado, Idaho, New Mexico, Oregon, Tennessee, Utah, and Washington). The Walnut Twig Beetle is known from several western states and Mexico; however, the fungus is a newly-described fungus with a proposed name of Geosmithia morbida sp. nov. Thousand Cankers Disease has not yet been found in Missouri, but its introduction could cause an estimated $851 million in losses over a twenty (20)-year period to the state economy, as well as inestimable, long-term ecological and sociological impacts. As such, the state entomologist, under the authority of section 263.140, RSMo, of the Missouri Plant Law does now establish a quarantine to prevent the introduction of this pest complex into Missouri and now sets forth the name of this pest complex against which the quarantine is established, the quarantined area, the articles regulated, and the penalty.

(2) The following definitions shall apply to (A) Bark means the natural bark of a tree, including the ingrown bark around the knots and bark pockets between rings of annual growth and an additional one-half (½)-inch of wood, including the vascular cambium;

(B) Compliance agreement is a written agreement between the state entomologist and a person or entity moving regulated articles from or through a quarantined area into Missouri;

(C) Firewood for the purposes of this quarantine shall be defined as wood, either split or unsplit, in sections less than four feet (4') in length;

(D) State entomologist refers to the Missouri Department of Agriculture Plant Pest Control Bureau Administrator; and (E) State plant regulatory official refers to the National Plant Board member of the state of origin.

(3) The following is a list of articles, the (A) The Walnut Twig Beetle, Pityophthorus juglandis, in any living stage of development;

(B) The fungal pathogen, Geosmithia morbida sp. nov.;

(C) Firewood of any non-coniferous (hardwood) species;

(D) All plants and plant parts of the genus Juglans, including but not limited to nursery stock, budwood, scionwood, green lumber, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips. Specific exceptions are nuts, nut meats, hulls, processed lumber (one hundred percent (100%) bark-free, kiln-dried with squared edges), and finished wood products without bark, including walnut furniture, instruments, and gun stocks; and (E) Any article, product, or means of conveyance when it is determined by the state entomologist to present the risk of spread of the Walnut Twig Beetle, Pityophthorus juglandis, or the fungal pathogen, Geosmithia morbida sp. nov.

(4) Regulated articles from the areas listed below are prohibited entry into Missouri under any circumstances.

(A) Arizona.

(B) California.

(C) Colorado.

(D) Idaho.

(E) Nevada.

(F) New Mexico.

(G) Oregon.

(H) Tennessee.

(I) Utah.

(J) Washington.

(K) Any other areas of the United States as determined by the state entomologist to have Thousand Cankers Disease of Walnut.

(5) The following are conditions of movement of regulated articles:

(A) All regulated articles are prohibited movement into or transiting through the state of Missouri;

(B) Articles listed in section (3) originating in an area not known to have Thousand Cankers Disease but transiting through an area known to have Thousand Cankers Disease will be considered to be regulated articles; and (C) Regulated articles to be used for research purposes, at the discretion of the state entomologist, may move under a compliance agreement between the state entomologist and the Missouri recipient. At minimum, the compliance agreement shall require inspection of the regulated articles at the point of origin, a state phytosanitary certificate issued by the state plant regulatory official in the state of origin, and at least twentyfour (24) hours’ pre-shipment notification.

(6) Regulated articles transported in violation of this quarantine may be destroyed, or returned to the point of origin, at the discretion of the state entomologist. Common carriers or other carriers, persons, firms, or corporations who transport or move regulated articles in violation of this quarantine and these rules will be subject to the penalties named in section 263.180, RSMo, of the Missouri Plant Law.

(7) These rules are distinct from, and in addition to, any federal statute, regulation, or quarantine order addressing the interstate movement of articles from the known infested areas. and 263.180, RSMo 2000.* Emergency rule filed April 2, 2010, effective April 12, 2010, expired Jan. 19, 2011. Original rule filed Sept. 24, 2010, effective Jan. 30, 2011. and 263.180, RSMo 1939, amended 1984.

2 CSR 70-11.070 Pine Shoot Beetle Intrastate Quarantine {#sec-2-csr-70-11.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-11.070}

PURPOSE: This rule establishes a quarantine against the spread of a serious insect pest, known as the pine shoot beetle, Tomicus piniperdaLinnaeus, to other uninfested areas of the state of Missouri, and other states, and establishes those articles and areas which are to be regulated.

(1) It has been determined that the pine shoot beetle, native to Europe, and a destructive pest of pine (Pinus spp.) has become established in Missouri. It is not yet known to be generally distributed throughout the state of Missouri, and its introduction into the remainder of the state would cause further economic and ecological loss. As such, the state entomologist, under the authority of

section 263.140, RSMo, of the Missouri Plant Law does now establish a quarantine to prevent the spread of this pest into uninfested parts of Missouri and other states and now sets forth the name of this pest against which the quarantine is established, the quarantined area, the articles regulated, the rules governing movement of regulated articles, and the penalty.

(2) The following definitions shall apply to (A) Bark means the natural bark of a tree, including the ingrown bark around the knots and bark pockets between rings of annual growth and an additional one-half- (½-) inch of wood, including the vascular cambium;

(B) Certificate of inspection is a document authorized to be issued by the director to allow the movement of regulated articles from the quarantined area to destinations within the state of Missouri;

(C) Compliance agreement is a written agreement between the director and a person or entity moving regulated articles out of the quarantined area;

(D) Director is the director of the Missouri Department of Agriculture or his/her authorized representative;

(E) Established refers to the presence of a reproducing population of the pine shoot beetle;

(F) Inspector refers to an employee of the Missouri Department of Agriculture, Plant Pest Control Bureau or United States Department of Agriculture/Animal and Plant Health Inspection Service/Plant Protection and Quarantine (USDA/APHIS/PPQ) authorized to enforce the provisions of this quarantine;

(G) Limited permit means a document which an inspector, or person operating under a compliance agreement, affirms that the regulated article identified on the document is eligible for intrastate and/or interstate movement in accordance with this quarantine to a specified destination and only in accordance with specified conditions; and (H) Pine shoot beetle is the insect classified as Tomicus piniperda Linnaeus in any life stage.

(3) The following is a list of articles, the (A) The pine shoot beetle,Tomicus piniperda Linnaeus, in any living stage of development;

(B) Nursery stock, Christmas trees, bark products, raw pine materials for pine wreaths and garlands, lumber with bark attached, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips of the genus Pinus;

(C) Any item made from or containing pine wood that is capable of spreading the pine shoot beetle; and (D) Any article, product, or means of conveyance when it is determined by the director to present the risk of spread of the pine shoot beetle.

(4) The director may designate any area of Missouri as quarantined for the pine shoot beetle by listing the designated area on the Missouri Department of Agriculture website (www.mda.mo.gov). The director will notify affected counties upon designation.

(5) The following are conditions of movement of regulated articles:

(A) Movement Within a Quarantined Area—Movement of the regulated article within a quarantined area is allowed;

(B) Movement Out of a Quarantined Area—Movement of the regulated article from any quarantined area to any destination outside the quarantined area is prohibited, except under the following conditions:

1. Pine Christmas trees and brush— Movement of Christmas trees and brush during October, November, and December, or when ambient air temperature is below ten degrees Celsius (10 °C) (fifty degrees Fahrenheit (50 °F)), is allowed under a limited permit, certificate, or compliance agreement if— A. Visual inspection of the trees or brush in a shipment or the plantation does not detect the presence of the pine shoot beetle.

The number of trees selected for inspection is determined by the size and type of shipment, in accordance with 7 CFR, Ch. III, Part 301.50;

B. The Christmas tree plantation is under and adhering to the conditions of a compliance agreement; or C. The shipment of Christmas trees or brush is treated using one (1) of the fumigation methods as outlined in accordance with 7 CFR, Ch. III, Part 301.50; or 2. Pine logs and lumber with bark attached—Movement of pine logs or lumber with bark attached out of the quarantine area is prohibited, except under the following conditions:

A. If the shipment is taking place from July 1 through October 31, and the source of the pine was felled during the same period, the shipment may move unrestricted; or B. If the shipment is taking place from November 1 through June 30 movement is allowed under the following conditions:

(I) The shipment has been treated at the point of origin under the supervision of an inspector with the approved method of fumigation as outlined in accordance with 7 CFR, Ch. III, Part 301 and issued a certificate attesting to such; or (II) The shipment will be moved under a limited permit to a receiving facility that is operating under, and meeting the standards set forth in, a compliance agreement approved by the director. The compliance agreement will specify the conditions for handling, processing, and/or utilizing pine bark to prevent the spread of the pine shoot beetle; or 3. Pine bark and pine mulch—Movement of pine bark and pine mulch out of the quarantine area is prohibited, except under the following conditions:

A. If the shipment is taking place from July 1 through October 31, and the source of the pine was felled during the same period, then the shipment may move unrestricted after the issuance of a certificate by an inspector attesting to such; or B. If the shipment is taking place from November 1 through June 30, movement is allowed under the following conditions:

(I) The shipment has been treated at the point of origin under the supervision of an inspector with the approved method of fumigation as outlined in accordance with 7 CFR, Ch. III, Part 301.50 and issued a certificate attesting to such; or (II) The pine bark or pine mulch shipment will be meeting the standards set forth in a compliance agreement approved by the director. The compliance agreement will specify the conditions for the handling and processing of the pine bark which will prevent the spread of the pine shoot beetle; or 4. Pine nursery stock—Movement of pine nursery stock is allowed under a certificate or compliance agreement if— A. A visual inspection of one hundred percent (100%) of the trees in a shipment is conducted. Evidence of infestation in any one (1) tree will result in the rejection of that tree; or B. The pine tree nursery is under, and adhering to the conditions of, a compliance agreement; and (C) Transiting Quarantined Areas—Movement of the regulated article from an area outside the quarantined area to any destination outside the quarantined area that transits through the quarantined area is allowed under the following conditions:

1. The point of origin must be indicated on the waybill, invoice, or shipping document that accompanies the shipment; and 2. The shipment must move through the quarantined areas without stopping except to drop-off loads, refuel, or for traffic conditions such as traffic lights or stop signs. If the regulated article is transiting a quarantined area during the period of January 1 through September 30, and the temperature is higher than ten degrees Celsius (10 °C) (fifty degrees Fahrenheit (50 °F)), the article must be shipped in an enclosed vehicle or completely covered (such as with plastic, canvas, or other closely woven cloth) so as to prevent access by the pine shoot beetle.

(6) Regulated articles transported in violation of this quarantine must be treated, destroyed, or returned to the point of origin at the discretion of the state entomologist. Common carriers or other carriers, persons, firms, or corporations who transport or move regulated articles in violation of this quarantine and 6CODE OF STATE REGULATIONS (12/31/18) JOHNR. ASHCROFT these rules will be subject to the penalties named in section 263.180, RSMo, of the Missouri Plant Law.

(7) These rules are distinct from, and in addition to, any federal statute, regulation, or quarantine order addressing the interstate movement of articles from the quarantined area or the state of Missouri. 263.130, 263.140, and 263.180, RSMo 2000.* Emergency rule filed Oct. 2, 2012, effective Oct. 12, 2012, expired April 9, 2013. Original rule filed Oct. 2, 2012, effective April 30, 2013. 263.130, RSMo 1939, amended 1984; 263.140, RSMo 1939, amended 1984; and 263.180, RSMo 1939, amended 1984.

Chapter 12 Sustainable Agriculture

2 CSR 70-12.010 Sustainable Agriculture Demonstration Awards AGRICULTURE {#sec-2-csr-70-12.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-12.010}

2 CSR 70-12.010 Sustainable Agriculture Demonstration Awards {#sec-2-csr-70-12.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-12.010}

(Rescinded January 30, 2019)

Original rule filed Nov. 9, 1994, effective April 30, 1995. Rescinded: Filed June 14, 2018, effective Jan. 30, 2019.

JOHNR. ASHCROFT(12/31/18)

History

• AUTHORITY: section 261.105, RSMo 1994.

Chapter 13 Boll Weevil Eradication

2 CSR 70-13.010 Definitions {#sec-2-csr-70-13.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.010}

PURPOSE: This rule defines terms used in the boll weevil eradication program.

(1) As used in 2 CSR 70-13.010 to 2 CSR 70- 13.040 the following terms mean:

(A) Eradication programóany unified regional or statewide program designed to eliminate the boll weevil as an economic pest within the specified area;

(B) Certified Cotton Growers Organizationóa cotton growersí organization certified by the Department of Agriculture for the purpose of entering into agreements with the state of Missouri, other states, federal agencies, and any other agency of Missouri or another state as may be necessary to carry out the purposes of this rule;

(C) Compliance agreementóa written agreement between the Department of Agriculture and any person engaged in growing, dealing in, or moving regulated articles wherein the latter agrees to comply with specified provisions to prevent dissemination of the boll weevil;

(D) Eradication zoneóthat portion of Missouri where eradication of the boll weevil is undertaken as an objective;

(E) FSAóUnited States Department of Agriculture, Farm Service Agency;

(F) Gin trashóall material produced during the cleaning and ginning of seed cotton, bolls or snapped cotton except lint and cottonseed;

(G) Regionóa specific cotton growing area within the state as defined by the Certified Cotton Growers Organization;

(H) Regulated areaóany county, township, city or other civil division or part thereof in any state or territory as being placed under quarantine, and such other areas as may become infested or deemed to present a hazard of spread of the boll weevil;

(I) Seed cottonócotton as it comes from the field prior to ginning;

(J) Used cotton equipmentóany cotton equipment previously used to harvest, strip, transport, or process cotton; and (K) Waiveróa written authorization which exempts an individual from compliance with one (1) or more specific requirements of a statute or rule, as it pertains to the boll weevil eradication program.

History

• AUTHORITY: section 263.505, RSMo Supp. 1998. Original rule filed June 29, 1999, effective Dec. 30, 1999.

2 CSR 70-13.015 Regions {#sec-2-csr-70-13.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.015}

PURPOSE: This rule identifies the regions of Missouri, by county, for the purpose of implementing a boll weevil eradication program.

(1) The eradication program shall be implemented in the following identified state regions:

(A) Southeast Missouri Region: including the counties of Bollinger, Butler, Cape Girardeau, Dunklin, Mississippi, New Madrid, Pemiscot, Ripley, Scott, Stoddard; and (B) Out-State Region: all other counties in Missouri not listed in the Southeast Missouri Region.

History

• AUTHORITY: sections 263.505 and 263.527, Original authority: 263.505, RSMo 1995 and 263.527, RSMo 1995, amended 1998.

2 CSR 70-13.020 Boll Weevil Intrastate Quarantine {#sec-2-csr-70-13.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.020}

PURPOSE: This rule is to eradicate and prevent reintroduction and spread of the boll weevil within this state.

(1) In order to eradicate and prevent future reintroduction, upon implementation of an eradication program, a quarantine is hereby established against boll weevil throughout the entire state of Missouri.

(A) The following areas are hereby regulated and the movement of regulated articles within this area is prohibited without proper certification:

1. The counties of Bollinger, Butler, Cape Girardeau, Dunklin, Mississippi, New Madrid, Pemiscot, Ripley, Scott, Stoddard and any other counties in Missouri where cotton is grown.

(B) The following is a list of articles the movement of which is regulated:

1. The boll weevil;

2. Gin trash;

3. Cotton plants and parts of plants;

4. Seed cotton;

5. Used cotton equipment; and 6. Any other products, articles, means of conveyance, or any other item whatsoever is determined by the director to present a hazard in the spread of the boll weevil, and the person in possession of such item has been so notified.

(C) The following subsections shall govern the movement of regulated articles. Requirements under other applicable state and federal quarantines must also be met:

1. Regulated articles moving from a regulated area into, or through the eradication zone of the state of Missouri shall be accompanied by a certificate or permit issued by an authorized regulatory official in the state where such articles originated. Nothing contained in this paragraph shall be deemed to require a permit for movement of a regulated

article solely within the eradication zone; and 2. Regulated articles originating outside a regulated area may be moved into or through Missouri, including the eradication zones, without a certificate or permit, if accompanied by documentation of the point of origin, and if, to the satisfaction of the director, such articles have been adequately protected from boll weevil infestation during movement through all regulated areas.

(D) Issuance of Certificates and Permits.

1. Certificates for movement of regulated articles may be issued by the director when such articlesó A. Originated in noninfested areas in the state of Missouri and have not been otherwise exposed to infestation;

B. Have been treated to destroy infestation in accordance with approved procedures;

C. Have been grown, manufactured, stored or handled in such a manner that, in the judgement of the director, they would not transmit infestation; and D. Have been found, upon examination by the director to be free of any infestation.

2. Permits may be issued by the director to allow the movement of noncertified regulated articles from the regulated area to locations outside the regulated area for particular handling, utilization, processing, or treatment in accordance with approved procedures, when the director has determined that such movement will not result in spreading of the boll weevil.

(E) Certificates and permits shall be handled as follows:

1. Certificates and permits, when required, shall be securely attached to the outside container in which regulated articles are moved, provided that when the regulated articles are adequately described on the shipping document, the certificate or permit may be attached to the shipping document; and 2. Copies of all certificates and permits shall be furnished by the carrier to the consignee at the final destination.

(F) Any certificate or permit may be canceled by the director upon determination that the holder thereof has failed to comply with any condition for the use of such permit, or with any term of the compliance agreement.

History

• AUTHORITY: sections 263.505 and 263.515, Original authority: 263.505, RSMo 1995 and 263.515, RSMo 1995.

2 CSR 70-13.025 Boll Weevil Exterior Quarantine {#sec-2-csr-70-13.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.025}

PURPOSE: This rule is to prevent the reintroduction and spread of boll weevil from other states.

(1) In order to prevent the reintroduction of boll weevil from other states, upon implementation of an eradication program, an exterior quarantine is hereby established against boll weevil throughout the following states:

(A) Alabama, Arizona, Arkansas, California, Florida, Georgia, Kansas, Oklahoma, Louisiana, Mississippi, New Mexico, North Carolina, South Carolina, Tennessee, Texas, Virginia and any other area where cotton is grown; and (B) Any regulated article moving into an eradication zone, or an area declared to be free of boll weevil in the state of Missouri, must be certified free of boll weevil and a copy of the certificate must accompany the

article.

History

• AUTHORITY: sections 263.505 and 263.515, Original authority: 263.505, RSMo 1995 and 263.515, RSMo 1995.

2 CSR 70-13.030 Program Participation, Fee Payment and Penalties {#sec-2-csr-70-13.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.030}

PURPOSE: This rule describes the program cost, fee payment schedule and penalties for nonpayment of fees in the boll weevil eradication program.

PUBLISHERíS NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

Therefore, the material which is so incorporated is on file with the agency who filed this

rule, and with the Office of the Secretary of State. Any interested person may view this material at either agencyís headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

(1) Upon passage of the grower referendum conducted under the provisions of section 263.527, RSMo 2000, all cotton growers in the affected regions as set out in 2 CSR 70- 13.015, as defined by the Certified Cotton Growers Organization, shall be required to participate in the boll weevil eradication program as follows:

(A) Upon implementation of a boll weevil eradication program, all cotton growers in an eradication area shall certify their actual cotton acreage with their local Farm Service Agency (FSA) office in accordance with the FSA final certification date;

(B) Each year the boll weevil eradication program is in operation, the Certified Cotton Growers Organization shall set an assessment fee each year, which shall not exceed fifteen dollars ($15) per acre of cotton as certified with FSA including any non-certified cotton acreage that is trapped and/or treated;

(C) During each year that the eradication program is in operation, all cotton growers shall pay all fees to the Missouri Department of Agriculture by the date set by the Certified Cotton Growers Organization, but in no event shall each yearís payment date be set after December 1; and (D) Upon notification from the department, the grower of any noncommercial or ornamental cotton grown in the state shall file a location registration form with the department.

(2) Failure to pay all assessments due on or before such date as designated by the Certified Cotton Growers Organization will result in a late assessment charge of up to five dollars ($5) per acre. A cotton grower who fails to pay all assessments, including late assessment charge, is subject to all provisions of

section 263.534, RSMo 2000 and may be subject to a five dollar ($5) per acre penalty.

(3) Any cotton grower may apply for a waiver requesting delayed payment. Any cotton grower applying for a waiver shall make application in writing to the director on a form prescribed by the director. This request must be accompanied by an assignment of payment form (FSA form CCC-36, which is incorporated by reference) designating the Missouri Department of Agriculture as first assignee. Should a grower not be eligible to use FSA form CCC-36 as required, a financial statement from a bank or lending agency will be required to be submitted with the waiver application. Any cotton grower submitting an approved FSA form CCC-36 will not be charged additional penalties or interest for delayed payment. Growers who do not have an FSA CCC-36 form on file with the waiver application will be charged interest payable at a rate equal to one percent (1%) above prime per annum as listed in the Wall Street Journalon the date of the waiver application. The decision whether or not to waive all or part of these requirements shall be made by the director with the approval of the Board of Directors of the Certified Cotton Growers Organization and notification given to the cotton grower by the director within thirty (30) days after receipt of such application. Failure to file a completed waiver request for delayed payment on or before the designated assessment payment deadline will result in a late assessment charge of up to five dollars ($5) per acre and may be subject to a penalty of up to five dollars ($5) per acre.

Waivers will expire on a designated date within one (1) year of date of approval.

Growers that have not paid assessments and interest by the designated date or have not requested an extension of the waiver will be subject to late assessment charge of up to five dollars ($5) per acre and may be subject to a penalty of up to five dollars ($5) per acre.

(4) At such times as are beneficial to the boll weevil eradication program, the Certified Cotton Growers Organization may authorize credits for early cotton stalk destruction.

Such credits shall be applied to the subsequent yearís assessment as determined by the Certified Cotton Growers Organization. In order to claim such creditsó (A) The cotton grower must have a completed stalk destruction verification form;

(B) The stalk destruction must be verified by an authorized representative of the Certified Cotton Growers Organization; and (C) The stalk destruction verification form must be received at the department no later than December 1 of the current growing season.

Filed March 29, 2001, effective Oct. 30, 2001. Emergency amendment filed Aug. 21, 2003, effective Aug. 31, 2003, expired Feb.

4CODE OF STATE REGULATIONS

(2/28/06) ROBINCARNAHAN 2 CSR 70-13óDEPARTMENT OF AGRICULTUREDivision 70óPlant Industries

Chapter 13óBoll Weevil Eradication2 CSR 70-13 16, 2004. Amended: Filed Aug. 21, 2003, effective March 30, 2004. Amended: Filed Sept. 29, 2005, effective March 30, 2006. *Original authority: 263.505, RSMo 1995; 263.512, RSMo 1995; 263.517, RSMo 1995; 263.527, RSMo 1995, amended 1998; and 263.534, RSMo 1995, amended 2004.

History

• AUTHORITY: sections 263.505, 263.512, 263.517, 263.527, RSMo 2000 and 263.534, RSMo Supp. 2005. Original rule filed June 29, 1999, effective Dec. 30, 1999. Amended:

2 CSR 70-13.035 Purchase of Cotton for Effectuation of Program Objectives {#sec-2-csr-70-13.035 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.035}

PURPOSE: This rule describes the instance where the director of the Missouri Department of Agriculture may authorize the purchase of growing cotton in the boll weevil eradication program.

(1) The director may authorize the Certified Cotton Growers Organization to purchase growing cotton when it is deemed in the best interest of the program. Purchase price shall be based on the United States Department of Agriculture, Farm Service Agency (FSA) farm established yield for the current year.

History

• AUTHORITY: section 263.505, RSMo Supp. 1998. Original rule filed June 29, 1999, effective Dec. 30, 1999.

2 CSR 70-13.040 Cotton Stalk Destruction {#sec-2-csr-70-13.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.040}

PURPOSE: This rule states the date by which cotton fields shall be destroyed and the penalty for not meeting that specific date, and cases in which a penalty will not be issued in the boll weevil eradication program.

(1) All growers in the eradication zone are hereby required to destroy cotton stalks in every field location planted to cotton on or before February 1 of each year. Such cotton stalk destruction shall consist of shredding or discing to the extent of eliminating standing cotton stalks.

(2) Failure to destroy cotton stalks on or before February 1 of each year will result in a five dollars ($5) per acre late stalk destruction charge and may result in penalty of up to five dollars ($5) per acre. In fields with cotton stalks left standing after February 1, the director shall have authority to destroy the standing stalks and assess the grower for actual costs of such destruction in addition to the late stalk destruction charge and penalty.

Any grower who cannot destroy cotton stalks before February 1 due to emergency or hardship conditions may apply for a waiver. Any grower applying for a waiver shall make application in writing to the director stating the conditions under which they request such a waiver. The decision of whether or not to waive this requirement shall be made by the director and notification given to the farm operator within two (2) weeks after receipt of such application. The decision shall be based onó (A) Meteorological conditions;

(B) Economic hardship; and (C) Any other uncontrollable destructive forces.

Original rule filed June 29, 1999, effective Dec. 30, 1999. Amended: Filed Sept. 29, 2005, effective March 30, 2006.

2 CSR 70-13.045 Registration of Apiaries {#sec-2-csr-70-13.045 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.045}

PURPOSE: This rule states that apiaries within a mile of the eradication zone shall be registered by a specific date, providing sitespecific locations and identification on each hive within the apiary.

(1) Every person or owner who is in possession of an apiary, which is located within the eradication zone or within one (1) mile of that zone, in the counties of Butler, Dunklin, Mississippi, New Madrid, Pemiscot, Scott, and Stoddard shall register each apiary location with the Missouri Department of Agriculture. Every person required to register under this regulation, shall do so on or before the first day of May of each year in which they own, maintain, or are in possession of an apiary.

(2) Every person who moves an apiary into the eradication zone or within one (1) mile of that zone or otherwise comes into possession of an apiary or hive that is located within the eradication zone after the first day of May, shall register with the Missouri Department of Agriculture, the number of and location of apiaries prior to movement into, or upon possession within the eradication zone counties.

(A) Registration of an apiary, which does not contain active hives with supers, and/or failure to notify the Missouri Department of Agriculture within twenty-four (24) hours that a registered apiary is no longer in use, shall be subject to a penalty of up to five hundred dollars ($500) per apiary location.

(B) The Missouri Department of Agriculture may limit registration of apiaries based upon number of registered apiaries within a field unit as described within the eradication zone. At such time registration of specific apiary locations may be denied.

(3) Every person or owner who is in possession of an apiary, shall pay, an annual registration fee of five dollars ($5) per apiary location up to a maximum of three hundred dollars ($300) to the Missouri Department of Agriculture at the time of registration.

(4) No person shall maintain any apiary which is not registered pursuant to this article within one (1) mile of the eradication zone. Each registration is valid until January 31 of the following year.

(5) Every person or owner who is in possession of an apiary, within the eradication zone or within one (1) mile of that zone shall also provide the global position system (GPS) coordinates of each apiary location. The GPS coordinates shall be updated immediately upon relocation of the apiary. Failure to provide accurate GPS coordinates will void apiary registration.

(6) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:

(A) By a sign prominently displayed in each apiary that states the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone a statement to that effect. Each hive within the apiary shall be identified by name or brand.

(7) No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the landowner or lessee. The approval shall include the name, address and phone number of the person granting approval and shall be included with the registration.

Emergency rule filed April 12, 2002, effective April 22, 2002, expired Jan. 30, 2003. Original rule filed April 12, 2002, effective Nov. 30, 2002.

2 CSR 70-13.050 Cotton/Bee Protection Area {#sec-2-csr-70-13.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-13.050}

PURPOSE: This rule states that all persons in possession of apiaries within the eradication zone or within one (1) mile of the eradication zone shall relocate apiaries out of the eradication zone during cotton bloom or take necessary action to protect bees and defines the policy used during the eradication program.

(1) Beekeepers with apiaries located within a cotton/bee protection area of the eradication zone will be notified of impending spray applications. Upon notification beekeepers shall move apiaries out of the cotton/bee protection area in the eradication zone prior to June 30 of each year. Beekeepers who choose not to move prior to June 30 shall be advised to protect apiaries by confining bees as described in MU publication G7600.

(A) Beekeepers not moving apiaries will be responsible for losses caused by bees foraging on treated cotton and must indicate on the apiary registration form that apiaries will not be removed from the cotton/bee protection area of the eradication zone by the specified date.

(B) The area within each field planted to cotton and within one (1) mile of any cotton planted is designated as a cotton/bee protection area during the cotton bloom period.

(C) The cotton bloom period, in any cotton field for the purposes of declaring bloom and label interpretation, shall be from July 1 until the first killing frost or defoliation of the cotton plants.

(2) Pesticide applications made in conjunction with the boll weevil eradication program during the cotton blooming period shall follow the procedures specified in the current version of the Boll Weevil Eradication Program Honeybee Policy as designated by the Missouri Department of Agriculture.

(3) Each beekeeper will be notified in advance of applications of pesticides in accordance with the Boll Weevil Eradication Program Honeybee Policy and shall file an agreed upon method of notification with registration form with how, when and where he/she can be contacted.

(4) Each beekeeper with apiaries located within a cotton/bee protection area shall be notified at least twenty-four (24) hours in advance of spray applications in accordance with the Boll Weevil Eradication Honeybee Policy.

Emergency rule filed April 12, 2002, effective April 22, 2002, expired Jan. 30, 2003. Original rule filed April 12, 2002, effective Nov. 30, 2002.

6CODE OF STATE REGULATIONS

(2/28/06) ROBINCARNAHAN 2 CSR 70-13óDEPARTMENT OF AGRICULTUREDivision 70óPlant Industries

Chapter 14 Missouri Cannabidiol Oil Rules

2 CSR 70-14.005 Preemption of All Ordinances and Rules of Political Subdivisions {#sec-2-csr-70-14.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.005}

2 CSR 70-14.020 Application for a Cultivation and Production Facility License {#sec-2-csr-70-14.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.020}

2 CSR 70-14.030 Supporting Forms, Documents, Plans, and Other Information to be Submitted with the Applicant’s Application for a Cultivation and {#sec-2-csr-70-14.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.030}

2 CSR 70-14.060 Rejection of Cultivation and Production Facility Application Request for Licensure and the Revocation or Suspension of a License {#sec-2-csr-70-14.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.060}

2 CSR 70-14.070 Cultivation and Production Facility License Expiration {#sec-2-csr-70-14.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.070}

2 CSR 70-14.080 License not Transferable and Request to Modify or Alter License {#sec-2-csr-70-14.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.080}

2 CSR 70-14.090 Cultivation and Production Facility License Stipulations and {#sec-2-csr-70-14.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.090}

2 CSR 70-14.100 Requirements for Production, Manufacture, Storage, Transportation, {#sec-2-csr-70-14.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.100}

2 CSR 70-14.110 Hemp Monitoring System Records to be Maintained for Manufacture, Storage, Testing, and Distribution of Hemp and Hemp Extract {#sec-2-csr-70-14.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.110}

2 CSR 70-14.120 Packaging and Labeling of Hemp and Hemp Extract {#sec-2-csr-70-14.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.120}

2 CSR 70-14.130 Cultivation and Production Facility and Cannabidiol Oil Care Center Security Measures, Reportable Events, and Records to be Maintained {#sec-2-csr-70-14.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.130}

2 CSR 70-14.140 Waste Disposal of Unusable Hemp and Hemp Extract {#sec-2-csr-70-14.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.140}

2 CSR 70-14.160 Inspection of Premises and Facility of License Holder, Samples Collected for Analysis, Issuance of Search Warrant, and Powers of Director During Investigation or Hearing, When the Director May Report Violations to {#sec-2-csr-70-14.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.160}

2 CSR 70-14.180 Revocation, Suspension, or Modification of a Cultivation and {#sec-2-csr-70-14.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.180}

2 CSR 70-14.190 Penalty for Violations of the Act or Any Regulation Issued Thereunder {#sec-2-csr-70-14.190 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.190}

2 CSR 70-14.005 Preemption of All Ordinances and Rules of Political Subdivisions {#sec-2-csr-70-14.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.005}

2 CSR 70-14.010 Definitions {#sec-2-csr-70-14.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.010}

2 CSR 70-14.020 Application for a Cultivation and Production Facility License {#sec-2-csr-70-14.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.020}

2 CSR 70-14.030 Supporting Forms, Documents, Plans, and Other Information to be Submitted with the Applicant’s Application for a Cultivation and Production Facility License {#sec-2-csr-70-14.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.030}

2 CSR 70-14.040 Application—Selection Criteria {#sec-2-csr-70-14.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.040}

2 CSR 70-14.060 Rejection of Cultivation and Production Facility Application Request for Licensure and the Revocation or Suspension of a License {#sec-2-csr-70-14.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.060}

2 CSR 70-14.070 Cultivation and Production Facility License Expiration {#sec-2-csr-70-14.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.070}

2 CSR 70-14.080 License not Transferable and Request to Modify or Alter License {#sec-2-csr-70-14.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.080}

2 CSR 70-14.090 Cultivation and Production Facility License Stipulations and Requirements {#sec-2-csr-70-14.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.090}

2 CSR 70-14.100 Requirements for Production, Manufacture, Storage, Transportation, and Testing of Hemp and Hemp Extract {#sec-2-csr-70-14.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.100}

2 CSR 70-14.110 Hemp Monitoring System Records to be Maintained for Manufacture, Storage, Testing, and Distribution of Hemp and Hemp Extract {#sec-2-csr-70-14.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.110}

2 CSR 70-14.120 Packaging and Labeling of Hemp and Hemp Extract (4/30/24) John R. Ashcroft {#sec-2-csr-70-14.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.120}

2 CSR 70-14.130 Cultivation and Production Facility and Cannabidiol Oil Care Center Security Measures, Reportable Events, and Records to be Maintained {#sec-2-csr-70-14.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.130}

2 CSR 70-14.140 Waste Disposal of Unusable Hemp and Hemp Extract {#sec-2-csr-70-14.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.140}

2 CSR 70-14.150 Pesticide Record Keeping Requirements {#sec-2-csr-70-14.150 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.150}

2 CSR 70-14.160 Inspection of Premises and Facility of License Holder, Samples Collected for Analysis, Issuance of Search Warrant, and Powers of Director During Investigation or Hearing, When the Director May Report Violations to Prosecuting Attorney for Action {#sec-2-csr-70-14.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.160}

2 CSR 70-14.170 Stop Sale, Use, or Removal Orders {#sec-2-csr-70-14.170 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.170}

2 CSR 70-14.180 Revocation, Suspension, or Modification of a Cultivation and Production Facility License {#sec-2-csr-70-14.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.180}

2 CSR 70-14.190 Penalty for Violations of the Act or Any {#sec-2-csr-70-14.190 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-14.190}

Regulation Issued Thereunder

Chapter 15 Missouri Apiary Law Rules

2 CSR 70-15.055 Compensation of Part-Time Inspectors Working Under Contract to the {#sec-2-csr-70-15.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.055}

2 CSR 70-15.070 The Elimination of Diseases Other Than American Foulbrood AGRICULTURE Law Rules {#sec-2-csr-70-15.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.070}

2 CSR 70-15.010 Definitions of Words and Terms {#sec-2-csr-70-15.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.010}

2 CSR 70-15.015 Inspection Fees {#sec-2-csr-70-15.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.015}

PURPOSE: This rule establishes fees for inspecting apiaries.

(1) Each beekeeper who requests inspection of an apiary shall pay fees as provided for in

section 264.041, RSMo. The following fees shall be charged at the time of inspection: for the inspection of five (5) colonies or less, five dollars ($5); for the inspection of each additional hive opened, fifty cents (50¢); mileage from the inspector’s official domicile to the apiary and return at the rate then authorized by the commissioner of administration. The initial five-dollar ($5)-fee will be charged only once per inspection, regardless of the number of apiaries inspected. No fee will be charged for nonrequested inspections and reinspections of quarantined apiaries or individual colonies.

Feb. 1, 1979.

2 CSR 70-15.020 Qualifications of Inspectors {#sec-2-csr-70-15.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.020}

2 CSR 70-15.025 Apiary Inspection Procedures {#sec-2-csr-70-15.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.025}

PURPOSE: This rule establishes apiary inspection procedures.

(1) Apiary inspection procedures are as follows:

(A) Bees shall be inspected on a random sampling basis as listed:

1. Apiary of one to fifteen (1–15) colonies, all hives are to be opened and inspected;

2. Apiary of sixteen to ninety-nine (16– 99) colonies, fifteen (15) hives opened and inspected on a random sampling basis, using a random numbers table to eliminate human influence. All colonies suspected of disease are to be opened and inspected in addition to the others. If more than two percent (2%) of colonies inspected are diseased, all hives are to be opened and inspected;

3. Apiaries having more than one hundred (100) colonies shall be divided into smaller lots of less than one hundred (100) colonies each and sampled separately; and 4. For nonrequested inspections, apiaries will be inspected as provided for in paragraphs (1)(A)1., 2. and 3. of this rule, only after written notice to the owner and when there is probable cause to believe disease exists. Probable cause shall be determined by some type of tangible evidence, such as disease within a two (2)-mile radius of the apiary, evidence that bees have been moved from a diseased apiary or a diagnostic report from the United States Department of Agriculture, Science and Education Administration Bioenvironmental Bee Laboratory.

Feb. 1, 1979.

2 CSR 70-15.030 Appointment of Inspectors {#sec-2-csr-70-15.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.030}

2 CSR 70-15.035 Elimination of American Foulbrood Disease {#sec-2-csr-70-15.035 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.035}

(Rescinded January 30, 2019)

Feb. 1, 1979. Rescinded: Filed June 14, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 264.095, RSMo 1986.

2 CSR 70-15.040 Inspection Fees {#sec-2-csr-70-15.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.040}

2 CSR 70-15.045 Control of Apiary Arthropod Pests and Diseases {#sec-2-csr-70-15.045 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.045}

PURPOSE: This rule establishes how apiary arthropod pests and diseases will be dealt with prior to certification of the colony.

(1) The control of apiary arthropod pests and diseases will be dealt with on an individual

basis. Apiary inspectors will determine whether certification is possible. Written recommendation will be given for those arthropod pests and diseases that require some type of treatment for control. When certification is withheld, reinspection will be made within a six (6)-month period.

History

• AUTHORITY: section 264.095, RSMo 2016. Feb. 1, 1979. Amended: Filed June 14, 2018, effective Jan. 30, 2019. Original authority: 264.095, RSMo 1985, amended 1993, 1995.

2 CSR 70-15.050 Apiary Inspection Procedures {#sec-2-csr-70-15.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.050}

2 CSR 70-15.055 Compensation of Part- Time Inspectors Working Under Contract to the Missouri Department of Agriculture {#sec-2-csr-70-15.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.055}

PURPOSE: This rule compensates those apiary inspectors who are not employed on a full-time basis by the Missouri Department of Agriculture.

(1) Compensation for owner-requested apiary inspections shall be in the exact amount charged the owner as provided for in 2 CSR 70-15.015(1).

(2) Compensation for nonrequested inspections and reinspections of quarantined apiaries and individual colonies shall be in the same amount as provided for in 2 CSR 70- 15.015(1), however, no fee will be charged to the owner or manager for this type of inspection.

JOHNR. ASHCROFT(12/31/18)

Feb. 1, 1979.

2 CSR 70-15.060 Elimination of American Foulbrood Disease {#sec-2-csr-70-15.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.060}

2 CSR 70-15.070 The Elimination of Diseases Other Than American Foulbrood {#sec-2-csr-70-15.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-15.070}

4CODE OF STATE REGULATIONS

(12/31/18) JOHNR. ASHCROFT

History

• AUTHORITY: section 264.010, RSMO 1969.

Chapter 16 Missouri Department of Agriculture Organic Program

2 CSR 70-16.010 Definitions of the Missouri Department of Agriculture 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.010}

2 CSR 70-16.015 The Adoption of NOP Standards 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.015}

2 CSR 70-16.020 MDA Organic Program Advisory Board 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.020}

2 CSR 70-16.025 Procedures for Organic Certification 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.025}

2 CSR 70-16.030 Records to be Maintained for Certification 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.030}

2 CSR 70-16.035 Inspections and Sampling for Certification 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.035 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.035}

2 CSR 70-16.040 Complaints and Investigations 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.040}

2 CSR 70-16.045 Compliance Enforcement 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.045 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.045}

2 CSR 70-16.050 Certificates Issued as Result of Certification with the MDA 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.050}

2 CSR 70-16.055 MDA Organic Program Seal 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.055}

2 CSR 70-16.060 Registration with the MDA Organic Program 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.060}

2 CSR 70-16.065 Inspection and Sampling for Registration 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.065 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.065}

2 CSR 70-16.070 Marketing When Registered with the MDA Organic Program 2002. Original rule filed Jan. 3, 2003, effec- {#sec-2-csr-70-16.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.070}

2 CSR 70-16.075 Organic Certifying Agent Registration 2002. Original rule filed Jan. 3, 2003, effec- JOHNR. ASHCROFT(12/31/18) {#sec-2-csr-70-16.075 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-16.075}

Chapter 17 Industrial Hemp

2 CSR 70-17.020 Registration and Permit Application Requirements {#sec-2-csr-70-17.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.020}

2 CSR 70-17.030 State and Federal Fingerprint Criminal History Background Check {#sec-2-csr-70-17.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.030}

2 CSR 70-17.040 Industrial Hemp Pilot Program Grower and Handler Registration Agreement {#sec-2-csr-70-17.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.040}

(Rescinded May 30, 2020). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 CSR 70-17.050 General Provisions for Registered Producers and Agricultural Hemp {#sec-2-csr-70-17.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.050}

2 CSR 70-17.060 Modification of Grower and Handler Applications and Fees {#sec-2-csr-70-17.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.060}

2 CSR 70-17.080 Site Access for Missouri Department of Agriculture (MDA) and Law {#sec-2-csr-70-17.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.080}

2 CSR 70-17.090 Inspection of Site, Crop, and Sampling Requirements for Laboratory Analysis (Responsibilities of Registered Grower and Handler) {#sec-2-csr-70-17.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.090}

2 CSR 70-17.100 Sampling Requirements and Results of Analysis {#sec-2-csr-70-17.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.100}

2 CSR 70-17.110 Industrial Hemp Plant Monitoring System Requirements {#sec-2-csr-70-17.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.110}

2 CSR 70-17.010 Definitions {#sec-2-csr-70-17.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.010}

Amended: Filed Sept. 30, 2019, effective May 30, 2020. Emergency amendment filed May 26, 2021, effective June 10, 2021, terminated Nov. 30, 2021. Amended: Filed May 26, 2021, effective Nov. 30, 2021. Rescinded: Filed Nov. 8, 2023, effective May 30, 2024.

History

• AUTHORITY: section 195.773, RSMo Supp. 2021. Original rule filed Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020.

2 CSR 70-17.020 Registration and Permit Application Requirements Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.020}

2 CSR 70-17.030 State and Federal Fingerprint Criminal {#sec-2-csr-70-17.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.030}

History Background Check Requirements Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020.

2 CSR 70-17.040 Industrial Hemp Pilot Program Grower and Handler Registration Agreement Nov. 20, 2018, effective July 30, 2019. Emergency rescission filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.040}

2 CSR 70-17.050 General Provisions for Registered Producers and Agricultural Hemp Propagule and Seed Permit Holders Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.050}

2 CSR 70-17.060 Modification of Grower and Handler Applications and Fees Nov. 20, 2018, effective July 30, 2019. Emergency rescission filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.060}

2 CSR 70-17.070 Industrial Hemp Program Fees Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.070}

2 CSR 70-17.080 Site Access for Missouri Department of Agriculture (MDA) and Law Enforcement Inspection Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.080}

2 CSR 70-17.090 Inspection of Site, Crop, and Sampling Requirements for Laboratory Analysis (Responsibilities of Registered Grower and Handler) {#sec-2-csr-70-17.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.090}

Nov. 20, 2018, effective July 30, 2019. Emergency rescission filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020.

2 CSR 70-17.100 Sampling Requirements and Results of Analysis {#sec-2-csr-70-17.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.100}

Amended: Filed Sept. 30, 2019, effective May 30, 2020. Emergency amendment filed May 26, 2021, effective June 10, 2021, terminated Nov. 30, 2021. Amended: Filed May 26, 2021, effective Nov. 30, 2021. Rescinded: Filed Nov. 8, 2023, effective May 30, 2024.

History

• AUTHORITY: section 195.773, RSMo Supp. 2021. Original rule filed Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020.

2 CSR 70-17.110 Industrial Hemp Plant Monitoring System Requirements Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.110}

2 CSR 70-17.120 Revocation of Registration or Permit Nov. 20, 2018, effective July 30, 2019. Emergency amendment filed (4/30/24) John R. Ashcroft Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. {#sec-2-csr-70-17.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.120}

2 CSR 70-17.130 Agricultural Hemp Seed Requirements {#sec-2-csr-70-17.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-17.130}

Rescinded: Filed Nov. 8, 2023, effective May 30, 2024.

History

• AUTHORITY: section 195.773, RSMo Supp. 2019. Emergency rule filed Dec. 17, 2019, effective Jan. 2, 2020, terminated May 30, 2020. Original rule filed Sept. 30, 2019, effective May 30, 2020.

Chapter 20 Economic Poisons Law

2 CSR 70-20.080 Interpretation No. 1 with Respect to Substances Included in the Definition of Economic Poison Under the Missouri Economic Poisons Law {#sec-2-csr-70-20.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.080}

(Rescinded AGRICULTURE

2 CSR 70-20.010 Definitions Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.010}

2 CSR 70-20.020 Label Content Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.020}

2 CSR 70-20.030 Ingredient Statement Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.030}

2 CSR 70-20.040 Coloration and Discoloration Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.040}

2 CSR 70-20.050 Registration Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.050}

2 CSR 70-20.060 Inspection and Collection of Samples Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.060}

2 CSR 70-20.070 Economic Poisons Highly Toxic to Man Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.070}

2 CSR 70-20.080 Interpretation No. 1 with Respect to Substances Included in the Definition of Economic Poison Under the Missouri Economic Poisons Law Jan. 1, 1956. Refiled: March 11, 1976. {#sec-2-csr-70-20.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-20.080}

MATTBLUNT(4/30/01)

Chapter 25 Pesticides

2 CSR 70-25.060 Applications for a Certified Commercial Applicator License, Certified Noncommercial Applicator License, Certified Public Operator License, Certified Private Applicator License, Certified Provisional Private Applicator License, Pesticide Dealer License, or Noncertified {#sec-2-csr-70-25.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.060}

2 CSR 70-25.070 Requirements for Certified Commercial Applicators in Structural {#sec-2-csr-70-25.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.070}

2 CSR 70-25.080 Stipulations for a Certified Commercial Applicator License, Certified Noncommercial Applicator License, Certified Public Operator License, Certified Private Applicator License, Certified Provisional Private Applicator License, Noncertified Restricted Use Pesticide (RUP) Applicator License, Pesticide Technician License, and {#sec-2-csr-70-25.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.080}

2 CSR 70-25.090 Examinations for Certified Commercial Applicators, Certified Noncommercial Applicators, Certified Public Operators, Certified Private Applicators, Certified Provisional Private Applicators, Noncertified Restricted Use Pesticide (RUP) Applicators, and {#sec-2-csr-70-25.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.090}

2 CSR 70-25.100 Certification Categories for Certified Commercial Applicators, {#sec-2-csr-70-25.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.100}

2 CSR 70-25.110 Standards of Competence for the Certification of Commercial Applicators, Noncommercial Applicators, Public Operators, and {#sec-2-csr-70-25.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.110}

2 CSR 70-25.120 Contents of Records Maintained by Certified Commercial Applicators, {#sec-2-csr-70-25.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.120}

2 CSR 70-25.130 Requirements for a Certified Private Applicator License or Certified {#sec-2-csr-70-25.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.130}

2 CSR 70-25.140 Certification Categories for Private Applicators and Certified {#sec-2-csr-70-25.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.140}

2 CSR 70-25.153 Stipulations and Training Requirements for Noncertified Restricted {#sec-2-csr-70-25.153 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.153}

2 CSR 70-25.155 Declaration of the Agricultural Pesticide Heptachlor as a Restricted Use Pesticide for Controlling Cutworms on Missouri Field Corn Acreage and Implementation of a Program of Restricted Use of Heptachlor for the Years 1978, 1979 and 1980 {#sec-2-csr-70-25.155 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.155}

2 CSR 70-25.156 Responsibilities of Certified Commercial Applicators or Their Employers; {#sec-2-csr-70-25.156 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.156}

Application Requirements, Qualifications, and Stipulations for

2 CSR 70-25.005 Certification Allowances and Effective Date of New Categories {#sec-2-csr-70-25.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.005}

PURPOSE: This rule details the certification allowances and effective date of new categories in Chapter 25.

(1) Any certified applicator with a valid license and certification as of December 31, 2024, may continue to renew their license, if applicable, and operate pursuant to their license and certification allowances until such time that their certification expires, except that only licensed noncertified restricted use pesticide (RUP) applicators can use or determine the need for the use of RUPs under the direct supervision of a certified applicator. Upon expiration of their certification held on December 31, 2024, the certified applicator will be required to obtain the appropriate license and certification required by the Missouri Pesticide Use Act.

History

• AUTHORITY: section 281.025, RSMo Supp. 2024. Original rule filed May 15, 2024, effective Jan. 1, 2025.

2 CSR 70-25.010 Definitions {#sec-2-csr-70-25.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.010}

PURPOSE: This rule defines certain terms in Chapter 281, RSMo 1986, and defines terms in these rules.

(1) Act—the Missouri Pesticide Use Act.

(2) Agricultural commodity—any plant, fungus, or algae, or

part thereof, or any animal or animal product produced or being produced by a person primarily for sale, consumption, propagation, or other use by man or animals. Producers of an agricultural commodity include farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, sod producers, or other comparable persons.

(3) Direct supervision or supervise the use of—a process by which— (A) A noncertified applicator uses or determines the need for the use of a pesticide while acting under the control of a certified commercial applicator; or (B) A noncertified restricted use pesticide (RUP) applicator uses a restricted use pesticide while acting under the control of a certified noncommercial applicator or certified public operator;

(C) Process requires, at a minimum, that— 1. The certified applicator must be certified in the category of use and is responsible for the actions of the noncertified applicator even though the certified applicator is not present during the process;

2. The certified applicator and noncertified applicator must work from the same physical location and be employed by the same entity;

3. While applying pesticides, the noncertified applicator shall have in their possession either a work order, job ticket, invoice, or similar document for that pesticide application.

Each document shall include, at a minimum— A. The name and license number of the certified applicator;

B. The name and, if applicable, license number of the noncertified applicator; and C. The name of the person requesting the pesticide application, the address or a brief description of the pesticide application location, and the application date;

4. The certified applicator must provide the noncertified applicator with a complete copy of the label and labeling for each pesticide to be used. The label and labeling must be in the possession of the noncertified applicator while using pesticides. The noncertified applicator shall follow all label and labeling directions;

5. When the label of a pesticide product requires that personal protective equipment be worn for mixing, loading, transferring, applying, or any other use activities, the certified applicator must ensure that the noncertified applicator has clean, label-required personal protective equipment in proper operating condition, and that the personal protective equipment is worn and used correctly for its intended purpose;

6. Before each day of use, the certified applicator must ensure equipment used by the noncertified applicator for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects on the applicator, other persons, or the environment;

7. The certified applicator shall be available by phone and, when needed, respond in person when the noncertified applicator is using pesticides; and 8. The certified applicator shall be at the pesticide use site when required by the pesticide label.

(4) End user of a pesticide—that individual who uses a pesticide.

(5) Forest—a concentration of trees and related vegetation in nonurban areas sparsely inhabited by and infrequently used by humans and characterized by natural terrain and drainage patterns.

(6) Fumigant—a restricted use pesticide used in fumigation.

(7) In the business of using pesticides—using, supervising the use of, determining the need for the use of, or supervising the determination of the need for the use of any pesticide on the lands of another as a service to the public in exchange for a fee or compensation.

(8) Label—the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(9) Labeling—all labels and other written, printed, or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device. Official publications of the Environmental Protection Agency, the United States Departments of Agriculture, Interior, and Health, Education and Welfare, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides are not to be considered labeling.

(10) Legal age—eighteen (18) years. Individuals who are sixteen (16) or seventeen (17) years of age and an immediate family member of a certified private applicator are eligible to obtain certification as a certified provisional private applicator.

(11) Limited rodent fumigation—the use of calcium cyanide dust for rodent control, in accordance with the label or labeling, by applicators certified in the category of General Structural Pest Control, at a distance greater than ten feet (10') from any building or dwelling for the control of rodents associated with, or likely to be associated with, the building or dwelling.

(12) Mishap—an event that adversely affects man or the environment and that is related to the use of or presence of a pesticide, whether the event was unexpected or intentional.

(13) Noncertified applicator—any applicator not holding a valid license as a certified applicator, including pesticide technician trainees, pesticide technicians, or noncertified RUP applicators.

(14) Non-cropland—any land on which agricultural crops have not been planted and will not be planted during the current growing year.

(15) Ornamentals—trees, shrubs, and other plantings intended primarily for aesthetic purposes in and around habitations, including residences, parks, streets, retail outlets, industrial buildings, and institutional buildings.

(16) Outlet—that site, location, place, vehicle, or personage (in the case of an individual who travels from place to place in the business of selling restricted use pesticides) at, or in which, or by whom, restricted use pesticides are sold at retail or otherwise made available to the end user. An outlet shall not necessarily be a site, location, place, or vehicle where restricted use pesticides are merely stored or where the purchaser takes physical possession of the restricted use pesticide after it has been purchased.

(17) Personal protective equipment—devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including but not limited to coveralls, chemical-resistant suits, chemical-resistant gloves, chemicalresistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

(18) Physical location—principal structure where a certified applicator conducts business that involves the use of pesticides.

(19) Practical knowledge—the possession of pertinent facts and comprehension sufficient to properly perform functions associated with use of pesticides, including properly responding to reasonably foreseeable problems and situations.

(20) Regulated pest—a specific organism determined by state or federal law to be a pest requiring regulatory restrictions, regulations, or control procedures in order to protect the host, man, or the environment.

(21) Standards of competence—the level of knowledge needed for the safe and proper use of pesticides to be demonstrated by the applicator or operator as a basis for certification or licensing.

(22) Structure—any edifice or building including the contents, any patio or terrace attached, and the land on which situated, plus any portion of land within the given proprietorship or any adjacent proprietorships which might constitute a potential harborage for pests which could affect the edifice or building or its contents, any portion of land upon which work has begun for the erection of an edifice or building, any wharf, dock, ship, boat, railroad siding, or refuse area, and any vehicle used as a common carrier.

2 CSR 70-25.020 To Whom Licenses Are Issued {#sec-2-csr-70-25.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.020}

PURPOSE: This rule explains who shall be licensed under Chapter 281, RSMo 1986. The reason for this rule is to clarify that in all cases an individual rather than the business entity will be licensed. Chapter 281, RSMo requires all holding licenses to have proven competence through examination or training courses.

Only an individual is capable of meeting these requirements.

(1) Licenses issued under the Missouri Pesticide Use Act (the Act) are issued to the individual and not to business entities.

Licenses issued under the Act are valid anywhere in Missouri, provided that the licensee notifies the director in writing within ten (10) days of any change of name, business name, address, or any other information affecting licenses issued under sections 281.010—281.115, RSMo.

(2) No license shall be issued to any individual not of legal age.

(3) Nonresident licenses shall be issued in accordance with the provisions for resident licenses, except as provided for in

section 281.075, RSMo.

(4) Licenses are not transferable to any individual or business.

History

• AUTHORITY: section 281.030, RSMo Supp. 2024. Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed May 15, 2024, effective Jan. Original authority: 281.030, RSMo 1974, amended 1977, 1981, 1988, 1995, 2021.

2 CSR 70-25.030 Classification of Licenses {#sec-2-csr-70-25.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.030}

PURPOSE: This rule classifies licenses that will be issued under the

(1) Certified Applicator Licenses.

(A) Certified Commercial Applicator License. Certified commercial applicator licenses shall be obtained by individuals who use, supervise the use of, supervise the determination of the need for the use of, or determine the need for the use of any pesticide on the lands of another as a service to the public in exchange for a fee or compensation.

(B) Certified Noncommercial Applicator License. A certified noncommercial applicator license shall be obtained by those John R. Ashcroft (11/30/24)* individuals, whether or not they are private applicators with respect to some uses, who use or supervise the use of restricted use pesticides only on lands owned or rented by them or their employers.

(C) Certified Private Applicator License. A certified private applicator license shall be obtained by those individuals who use restricted use pesticides (RUP) as a private applicator as defined in section 281.020(2)(d), RSMo.

(D) Certified Provisional Private Applicator. A certified provisional private applicator license shall be obtained by individuals who use restricted use pesticides as a provisional private applicator as defined in section 281.020(2)(e).

(E) Certified Public Operator License. A certified public operator license shall be obtained by individuals who use or supervise the use of restricted use pesticides as employees of federal, state, county, or local governmental agencies. A public operator license is valid only when the licensee is functioning as an employee of the agency.

(2) Pesticide Technician License. Individuals under direct supervision of certified commercial applicators, using or determining the need for the use of general use or minimal risk pesticides in the category of ornamental and turf pest control, the subcategory of general structural pest control, or the subcategory termite pest control shall obtain a pesticide technician license. The certified commercial applicator must be certified in the same pest control category(ies).

(3) Noncertified RUP Applicator License. A noncertified RUP applicator license shall be obtained by individuals under the direct supervision of certified commercial applicators when using or determining the need for the use of restricted use pesticides. A noncertified RUP applicator license shall be obtained by individuals under the direct supervision of certified noncommercial applicators or certified public operators when using restricted use pesticides.

(4) Pesticide Dealer License. A pesticide dealer license shall be obtained by those individuals who sell or otherwise make available to the end user any restricted use pesticide.

History

• authority of Chapter 281, RSMo 1986. The reason for this rule is to clarify the type of licenses needed by persons whose occupations require them using or selling certain pesticides.
• AUTHORITY: section 281.030, RSMo Supp. 2024. Original rule filed Original authority: 281.030, RSMo 1974, amended 1977, 1981, 1988, 1995, 2021.

2 CSR 70-25.050 Review of Certification or License {#sec-2-csr-70-25.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.050}

PURPOSE: This rule provides for review of licenses by the director as provided for in section 281.110, RSMo 1986. The reason for this

rule is to allow the director to determine whether or not denial or revocation procedures should be invoked on an individual whose license has been denied or revoked or who has been convicted in criminal or civil action in another state or by the federal government for misuse of pesticides. This rule is needed to keep unscrupulous pesticide applicators and dealers from continuing business by seeking harborage in another state.

(1) The director may investigate the need for hearings to deny, suspend, revoke, or modify a license or certification.

These investigations may extend to license qualifications and possible violations of the Missouri Pesticide Use Act.

(2) Additional training or reexamination of certified commercial applicators, certified noncommercial applicators, and certified public operators is required within three (3) years from initial certification and within each subsequent three- (3-) year period. Additional training and reexamination shall pertain to maintaining competence and meeting the needs of changing technology in the safe and proper use of pesticides through one (1) of the following options:

(A) Certified commercial applicators, certified noncommercial applicators, and certified public operators must attend a recertification training program approved by the department that meets the general standards of competency and category specific standards of competency for each category of certification; or (B) Certified commercial applicators, certified noncommercial applicators, and certified public operators must pass the general standards of competence exam (CORE) and each category exam for which the applicator is certified.

(3) Additional training of pesticide technicians is required within three (3) years from initial licensing and within each subsequent three- (3-) year period. Pesticide technicians may attend a recertification training program approved by the department that meets the general standards of competency and the category specific standards of competency for each category in which the technician is licensed or by completing the approved technician classroom training program for each category. Additional training shall pertain to maintaining competence and meeting the needs of changing technology in the safe and proper use of pesticides.

(4) Additional training or reexamination of certified private applicators is required within five (5) years from initial certification and within each subsequent five- (5-) year period.

This additional training and reexamination shall pertain to maintaining competence and meeting the needs of changing technology in the safe and proper use of agricultural pesticides through one (1) of the following options:

(A) Certified private applicators must attend a departmentapproved University of Missouri Extension private applicator in-person or online certification training program that meets the general standards of competency and the category specific standards of competency for each category of certification; or (B) Certified private applicators must pass the examination for each category of certification: 20–General Agricultural Pest Control, 21–Soil Fumigation Pest Control, 22–Non-Soil Fumigation Pest Control, or 23–Aerial Pest Control.

(5) If successful completion of the additional training or reexamination requirement is not met prior to the CORE, training, or category(ies) expiration date, the CORE or category(ies) becomes invalid. Licensed applicators will be given sixty (60) days from the expiration date to properly comply with the additional training or reexamination requirement.

(A) Use of an invalid license or category during the sixty- (60-) day period following expiration will be in violation of the Act.

(6) Noncertified restricted use pesticide (RUP) applicator (NRUP) licenses will be cancelled if the NRUP training or the CORE examination requirement is not successfully completed within sixty (60) days of the CORE/Training expiration date.

(7) Certified Commercial Applicator, Certified Noncommercial Applicator, and Certified Public Operator licenses will be canceled if the CORE additional training or reexamination (11/30/24)* John R. Ashcroft requirement is not successfully completed within sixty (60) days of the CORE expiration date.

(A) Categories will be canceled if the additional training or reexamination requirement is not successfully completed within sixty (60) days of the category expiration date. If all categories are canceled, the license will be canceled.

(8) Pesticide Technician categories will be canceled if the retraining requirement is not successfully completed within sixty (60) days of the category expiration date. If all categories are canceled, the license will be canceled, and the individual shall be required to satisfy all the requirements of licensure as if such individual was never licensed.

(9) Certified Private Applicator licenses will be canceled if the additional training or reexamination requirement for Category 20–General Agricultural Pest Control is not successfully completed within sixty (60) days of the expiration date.

(A) Additional categories will be canceled if the additional training or reexamination requirement is not successfully completed within sixty (60) days of the category expiration date.

History

• AUTHORITY: section 281.110, RSMo 2016. Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended: Filed Sept. 6, 1977, 1, 1990. Amended: Filed May 15, 2024, effective Jan. 1, 2025. Original authority: 281.110, RSMo 1974. Pursuant to Executive Order 21-07, 2 CSR 70-25.050, section (2) was suspended from March 26, 2020 through April 23, 2021.

2 CSR 70-25.060 Applications for a Certified Commercial Applicator License, Certified Noncommercial Applicator License, Certified Public Operator License, Certified Private Applicator License, Certified Provisional Private Applicator License, Pesticide Dealer License, or Noncertified Restricted Use Pesticide (RUP) Applicator License {#sec-2-csr-70-25.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.060}

PURPOSE: This rule determines what personal and professional information will be required of an applicant for a commercial applicator’s license. This rule is necessary to provide the information needed by the state to administer an effective regulatory program as required by Chapter 281, RSMo 1986, and still protect the privacy of the individual applicant.

(1) Applications for a certified commercial applicator license, certified noncommercial applicator license, certified public operator license, certified private applicator license, certified provisional private applicator license, noncertified RUP applicator license, or pesticide dealer license will be furnished by the Bureau of Pesticide Control, Missouri Department of Agriculture.

(2) Applications shall be either typed or clearly printed in ink.

(3) A clear full-face, head and shoulder photograph of the applicant, taken within the preceding twelve (12) months of the date of application shall be attached to the application.

(4) Applications are valid for eighteen (18) months from the date received by the director. If a license is not issued within eighteen (18) months from the date received by the director, all documents pertaining to that application may be destroyed.

(5) If a license expires for more than one (1) year, all documents pertaining to that license may be destroyed.

(6) Applications may contain the following:

(A) Name, including any other names under which the applicant has been known;

(B) Last four (4) digits of Social Security number;

(C) Date of birth;

(D) Name and private applicator license number of immediate family member if requesting a certified provisional private applicator license;

(E) Residential address (no PO Box accepted);

(F) Business/farm name and business/farm address from which pesticides will be used;

(G) Business/farm mailing address;

(H) Categories in which the applicant requests a license;

(I) List of present and past employers for the three (3) years prior to application;

(J) List of all present and past pesticide licenses, permits, certifications, and registrations;

(K) Explanation of any violation of the statutes of Missouri, any state or protectorate of the United States, or of the federal government which resulted in the denial, suspension, revocation, or modification of a pesticide license, permit, certification, or registration, or issuance of a civil penalty;

(L) Explanation of any criminal prosecution, whether or not sentence was imposed, in which the applicant was found guilty, entered a plea of guilty or nolo contendere, or is subject to criminal prosecution under the laws of any state or of the United States, for the following:

1. Offenses reasonably related to the qualifications, functions, or duties of professions regulated under this chapter;

2. Offenses an essential element of which is fraud, dishonesty, or an act of violence; and 3. Offenses involving moral turpitude; and (M) Private applicators must attest they are a producer of agricultural commodities as defined in the Act.

(7) Any applicant who willfully makes a false statement in an application may be subject to the provisions of section 281.060, RSMo.

History

• AUTHORITY: section 281.035, RSMo Supp. 2024. Original rule filed

2 CSR 70-25.065 Acceptable Insurance and Bond Forms for Commercial Applicators {#sec-2-csr-70-25.065 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.065}

PURPOSE: This rule identifies those insurance and bond forms which are acceptable to the Missouri Department of Agriculture as evidence of financial responsibility protecting persons who may suffer legal damages as a result of the operations of a commercial pesticide applicator.

(1) Commercial applicators must use one (1) of the following methods for providing evidence of financial responsibility:

(A) Insurance or bond forms provided by the director. These forms must be completed and signed by an insurance company representative or a bonding agent. Acceptable bonds must have power of attorney, or authority to bind surety, attached;

(B) Certificates of insurance provided by insurance companies.

These forms must include the following information for the commercial pesticide business:

1. Business name and business address;

2. Policy number;

3. Effective and expiration dates;

4. Limits of liability; and 5. Insurance company representative’s signature; or (C) Complete insurance policies which meet the requirements of section 281.065, RSMo.

(2) Before the completion of an inspection, the commercial pesticide business establishment or certified commercial applicator must make available for inspection by the director a valid form of financial responsibility that has an effective date of coverage prior to or on the date of inspection and a future expiration date.

(3) If a valid form of financial responsibility is not made available to the director for inspection before the completion of the inspection, the commercial pesticide business establishment will receive a Notice of Warning for being in violation of

section 281.065, RSMo. All commercial use of pesticides, supervision of the use of pesticides, and determining the need for the use of pesticides by licensed certified applicators, licensed technicians, and noncertified applicators working from the commercial pesticide business establishment must immediately cease upon receipt of the Notice of Warning.

(4) If the Jefferson City office of the Bureau of Pesticide Control does not receive an acceptable form of financial responsibility within sixty (60) days of the issuance of a Notice of Warning, the director will issue a Notice of Cancellation in accordance with section 281.065(3), RSMo, cancelling all certified commercial applicator licenses at the commercial pesticide business establishment.

(5) Employers of certified commercial applicators must notify the director within ten (10) working days of the discontinued employment of a certified commercial applicator or when the company’s liability insurance or surety bond no longer provides coverage for a certified commercial applicator. Notification shall include: the employer’s business name and address; the certified commercial applicator’s name and license number; and the date of discontinued employment or discontinued liability coverage.

History

• AUTHORITY: section 281.065, RSMo Supp. 2015. Original rule filed July 8, 1977, effective Oct. 14, 1977. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed March 8, 2012, effective Sept. 30, 2012. Amended: Filed Dec. 15, 2015, effective June 30, 2016. Original authority: 281.065, RSMo 1974, amended 1977, 1988, 2015.

2 CSR 70-25.070 Requirements for Certified Commercial Applicators in Structural Pest Control {#sec-2-csr-70-25.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.070}

PURPOSE: This rule sets forth the qualifications required for those persons who wish to be certified as commercial applicators or public operators in the category of structural pest control. This category is described in 2 CSR 70-25.100(5)(G). The rule sets forth training and experience requirements for those individuals to be certified in this category.

(1) Applicants for certified commercial applicator licenses in structural pest control shall meet at least one (1) of the following requirements:

(A) Applicants shall have a minimum of an associate’s degree in agriculture, biology, chemistry, or entomology, or twenty (20) credit hours in agriculture, biology, chemistry, or entomology, from an accredited college or university. Evidence of this education shall be in the form of a copy of the degree or official transcript;

(B) Applicants shall have at least one (1) year of experience applying pesticides in accordance with the Missouri Pesticide Use Act (the Act). Experience gained as an inspector or salesperson will not qualify in place of experience gained in applying pesticides. This experience shall be— 1. Gained within the three (3) years prior to the date of application;

2. As an applicator in accordance with the laws of any state or protectorate of the United States in the subcategory of structural pest control that relates to the area of expertise in which the applicant will use pesticides; and 3. Evidenced in a statement containing the name, address, and telephone number of the employer, name and license number of the certified commercial applicator(s), certified noncommercial applicator(s), or certified public operator(s) providing direct supervision, and dates of employment; or (C) Applicants shall have a combination of education and pesticide application experience as follows:

3. Successful completion of a department-approved correspondence course in pest control within three (3) years prior to application for licensure or addition of categories to an existing license;

4. At least six (6) months experience in accordance with the Act within the three (3) years prior to the date of application, as an applicator in accordance with the laws of any state or protectorate of the United States in the subcategory of structural pest control that relates to the area of expertise in which the applicant will use pesticides; and 3. Evidence of the approved correspondence course and pesticide application experience shall include— A. A copy of the certificate from the approved correspondence course; and B. A statement containing the name, address, and telephone number of the employer, name and license number of the certified commercial applicator(s), certified noncommercial applicator(s), or certified public operator(s) providing direct supervision, and dates of employment.

May 12, 1976, effective Oct. 21, 1976. Amended: Filed July 8, 1977, effective Oct. 14, 1977. Amended: Filed Aug. 14, 1989, effective Jan.

2 CSR 70-25.080 Stipulations for a Certified Commercial Applicator License, Certified Noncommercial Applicator License, Certified Public Operator License, Certified Private Applicator License, Certified Provisional Private Applicator License, Noncertified Restricted Use Pesticide (RUP) Applicator License, Pesticide Technician License, and Pesticide Dealer License {#sec-2-csr-70-25.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.080}

PURPOSE: This rule sets stipulations on certified commercial applicators, certified noncommercial applicators and certified public operators.

(1) No certified applicator, licensed noncertified RUP applicator, licensed pesticide technician, or pesticide dealer shall use their license as authority to represent more than one (1) business or employer.

(2) No certified private applicator, certified provisional private applicator, certified public operator, certified noncommercial applicator, or licensed noncertified RUP applicator working under the direct supervision of a certified public operator or certified noncommercial applicator shall use their license to solicit business from the public.

(3) Certified applicators, licensed pesticide technicians, and licensed noncertified RUP applicators must display their licenses at all times in a prominent place at the address which shall be printed on the license.

(4) Only certified commercial applicators, certified noncommercial applicators, certified public operators, licensed pesticide dealers, and certified private applicators may purchase restricted use pesticides. Certified commercial applicators, certified noncommercial applicators, certified public operators, and certified private applicators must be certified in the proper categories of certification to purchase and use the RUP.

(5) Certified commercial applicators, certified noncommercial applicators, and certified public operators may convert their existing valid license to a new license classification after meeting the licensing requirements for the new license.

(6) Licenses are invalid upon license expiration.

2 CSR 70-25.090 Examinations for Certified Commercial Applicators, Certified Noncommercial Applicators, Certified Public Operators, Certified Private Applicators, Certified Provisional Private Applicators, Noncertified Restricted Use Pesticide (RUP) Applicators, and Pesticide Dealers {#sec-2-csr-70-25.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.090}

PURPOSE: This rule sets forth the type of examination to be taken (written, oral or practical); provides for hardship cases; provides that the director may determine the specific content of the examination; provides for rules of conduct during examinations; and provides for examination.

(1) Applicants for a certified commercial applicator license, certified noncommercial applicator license, or certified public operator license shall take written examinations based on the general standards of competence and category specific standards of competence provided in 2 CSR 70-25.110. Applicants for a certified private applicator license or certified provisional private applicator license may take a written examination for each requested category defined in 2 CSR 70-25.140 based on the standards of competence provided in 2 CSR 70-25.150.

Applicants for a noncertified RUP applicator license may take a written examination based on the general standards of competence provided in 2 CSR 70-25.110(3). Applicants for a pesticide dealer license shall take a written examination based on the laws and regulations governing the use and sale of pesticides. Applicants may be required to conduct a practical demonstration of competence, in addition to written examinations.

(2) Examinations shall cover material judged by the director to be pertinent to the request contained in the application.

(3) Applicants must present at the time of examination a valid, government-issued photo identification or other form of similarly reliable identification authorized by the director as proof of identity and age to be eligible for certification.

(4) Any applicant who gives or receives unauthorized assistance during an examination shall be dismissed from the examination and the applicant’s examination shall be voided.

(5) Only persons authorized by the director may be in the examination room during the examination.

(6) Only director-approved reference material provided by the examination proctor may be used during the examination.

All reference material will be collected and examined by the examination proctor to ensure no portion of the reference material has been removed, altered, or destroyed. No portion of any examination or reference material may be copied, photographed, or retained by any person other than a proctor authorized by the director. Examination results shall be voided for any applicant found to have copied, photographed, retained, removed, altered, or destroyed any portion of the examination or reference material.

(7) Any applicant who fails to attain a passing score of at least seventy percent (70%) on any examination may request to retake the examination through the normal registration process.

(8) All examination results are valid for eighteen (18) months and shall be retained by the department for at least eighteen (18) months from the examination date. Following the eighteen- (18-) month period of retention, the examination results will be invalid. Individuals who do not apply for a license during that eighteen- (18-) month period must reexamine.

Applicators may use valid examinations to apply for additional licenses.

History

• AUTHORITY: section 281.035, RSMo Supp. 2024. Original rule filed

2 CSR 70-25.100 Certification Categories for Certified Commercial Applicators, Certified Noncommercial Applicators, and Certified Public Operators {#sec-2-csr-70-25.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.100}

PURPOSE: This rule is necessary in order to provide categories for the certification of applicators and operators due to the wide diversity of areas of knowledge which has evolved within the pest control industry. These categories are necessary in that no individual should be expected to demonstrate a practical knowledge of all facets of the pest control industry, nor is this demonstration necessary. This rule contains information regarding the number of categories in which applicators or operators may be certified, a special stipulation regarding the category of demonstration pest control, the necessity of certification by examination and a description of the activities of those individuals required to be certified in the various categories.

(1) To qualify for a certified commercial applicator license, certified noncommercial applicator license, or certified public operator license, individuals shall be certified in one (1) or more of the following pesticide applicator categories: Category 1— Agricultural Pest Control, Subcategory a—Agricultural Plant Pest Control, Subcategory b—Agricultural Animal Pest Control;

Category 2—Forest Pest Control; Category 3—Ornamental and Turf Pest Control; Category 4—Seed Treatment; Category 5—Aquatic Pest Control, Subcategory b—Sewer Root Pest Control; Category 6—Right-of-Way Pest Control; Category 7— Structural Pest Control, Subcategory a—General Structural Pest Control, Subcategory b—Termite Pest Control, Subcategory c—Fumigation Pest Control; Category 8—Public Health Pest Control; Category 9—Regulatory Pest Control; Category 10— Demonstration and Research Pest Control; Category 11—Wood Products Pest Control; Category 12—Soil Fumigation Pest Control; and Category 13—Aerial Pest Control.

(2) Those individuals who wish to obtain a certified commercial applicator license, certified noncommercial applicator license, or certified public operator license as authority to conduct demonstrations involving pesticides and devices must be certified in Category 10—Demonstration and Research Pest Control. In addition, those individuals must be certified in the categories that relate to the area of expertise in which they wish to conduct these demonstrations.

(3) Those individuals who wish to obtain a certified commercial applicator license, certified noncommercial applicator license, or certified public operator license as authority to use any pesticide with any manned or unmanned aircraft, either fixed wing or rotary wing, must be certified in Category 13—Aerial Pest Control, as well as the proper category(ies) of use.

(4) Description of Commercial Applicator, Noncommercial Applicator, and Public Operator Certification Categories.

(A) Category 1—Agricultural Pest Control.

1. Subcategory a—Agricultural Plant Pest Control. This category is provided for pesticide use relating to agricultural commodities, including but not limited to tobacco, peanuts, cotton, corn, cereal grain, feed grains, soybeans, forages and forage crops, vegetables, small fruits, tree fruits and nuts, grassland and noncrop agricultural lands, greenhouse products, Christmas tree plantings, sod nurseries, plant nurseries, and forested areas to be converted to agricultural lands.

2. Subcategory b—Agricultural Animal Pest Control. This category is provided for pesticide use relating to animals, including but not limited to cattle, swine, sheep, furbearing animals, horses, goats, poultry, honey bees, other livestock, wild or exotic animals in captivity, and places where animals are confined with the exception of aquatic harborages. This includes those agricultural animals used as work or draft animals and those used as pleasure animals.

(B) Category 2—Forest Pest Control. This category is provided for pesticide use relating to forests, forest nurseries, and forest seed producing areas for the purpose of the propagation and maintenance of those forests, forest nurseries, and forest seed producing areas.

(C) Category 3—Ornamental and Turf Pest Control. This category is provided for pesticide use, excluding fumigants, relating to the control of pests in the care and maintenance of ornamental trees, shrubs, flowers, and turf.

(D) Category 4—Seed Treatment. This category is provided for pesticide use relating to seeds.

(E) Category 5—Aquatic Pest Control. This category is provided for pesticide use relating to standing or running water for the control of aquatic pests with the exception of health-related pests.

1. Subcategory b—Sewer Root Pest Control. This subcategory is provided for pesticide use relating to the control of roots within sewer systems.

(F) Category 6—Right-of-Way Pest Control. This category is provided for pesticide use relating to the maintenance of public roads, electric power lines, pipelines, industrial sites, electric and gas substations, cell phone towers, riprap along banks and shorelines, parking lots, trails, railroad rights-ofway, or similar areas.

(G) Category 7—Structural Pest Control. This category is provided for pesticide use in, on, or around any structure.

1. Subcategory a—General Structural Pest Control. This subcategory is provided for pesticide use relating to the control of general structural pests with the exception of wooddestroying organisms.

2. Subcategory b—Termite Pest Control. This subcategory is provided for pesticide use relating to the control of wooddestroying organisms, including but not limited to termites, carpenter ants, and powderpost beetles.

3. Subcategory c—Fumigation Pest Control. This subcategory is provided for the use of fumigants for structural pest control and mole control.

(H) Category 8—Public Health Pest Control. This category is provided for pesticide use in public health programs relating to the management and control of pests having medical and public health importance.

(I) Category 9—Regulatory Pest Control. This category is provided for pesticide use relating to the control of regulated pests.

(J) Category 10—Demonstration and Research Pest Control.

This category is provided for individuals who demonstrate to the public the proper use of restricted use pesticides or supervise the demonstration. It is also provided for individuals who conduct field research with pesticides and, in doing so, use or supervise the use of restricted use pesticides. The applicant must also be certified in the proper category(ies) of use.

(K) Category 11—Wood Products Pest Control. This category is provided for pesticide use relating to the control or prevention of wood-degrading organisms, including but not limited to insects and the fungi or bacteria causing surface molding, surface staining, sap staining, brown rot, white rot, dry rot, and soft rot.

(L) Category 12—Soil Fumigation Pest Control. This category is provided for the use of fumigants to soil for the control of pests (excluding moles) found in or on labeled sites.

(M) Category 13—Aerial Pest Control. This category is provided for the use of pesticides applied by any manned or unmanned aircraft, either fixed or rotary wing. The applicant must also be certified in the proper category(ies) of use.

Filed Sept. 6, 1977, effective Dec. 11, 1977. Amended: Filed March 13, 1978, effective June 11, 1978. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed May 15, 2024, effective Jan. *Original authority: 281.035, RSMo 1974, amended 1977, 1988, 2019, 2021, and 281.045, RSMo 1974, amended 1977, 1988, 2021.

History

• AUTHORITY: sections 281.035 and 281.045, RSMo Supp. 2024. Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended:

2 CSR 70-25.110 Standards of Competence for the Certification of Commercial Applicators, Noncommercial Applicators, Public Operators, and Noncertified Restricted Use Pesticide (RUP) Applicators {#sec-2-csr-70-25.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.110}

PURPOSE: This rule contains the general standards of competence for applicators and operators on which the contents of examinations will be based. It also contains the category specific standards of competence on which the category examinations will be based. This rule is necessary in order to convey to the applicant a knowledge of the standards for which s/he will be required to demonstrate an acceptable level of competence.

(1) Commercial applicators, noncommercial applicators, and public operators shall pass an examination to demonstrate competence in the use of pesticides based on the general standards of competence and shall pass an examination based on the specific standards of competence for at least one (1) of the certification categories listed in 2 CSR 70-25.100.

(2) Noncertified RUP applicators may pass an examination to demonstrate competence in the use of restricted use pesticides based on the general standards of competence found in section (3) of this rule.

(3) General Standards of Competence for the CORE Examination.

The applicant shall demonstrate a practical knowledge of— (A) Pesticide labels and labeling, including— 1. The format and terminology of pesticide labels and labeling, and an understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

2. The classification of pesticides as to general or restricted use and that a pesticide may be unclassified;

3. Understanding labeling requirements relating to supervising noncertified applicators who are working under the direct supervision of a certified applicator;

4. Understanding label requirements that a certified applicator must be physically present at the site of the application;

5. Recognizing and understanding the difference between mandatory and advisory labeling language; and 6. Understanding that they must comply with all use restrictions and directions for use found on the label and labeling, including being certified in the certification category appropriate to the type and site of application and that it is a violation of state and federal law to use any registered pesticide in a manner inconsistent with its labeling;

(B) Applicator pesticide safety, including— 1. Pesticide toxicity, hazards to man, and common exposure routes;

2. The types and causes of pesticide accidents and the precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

3. Understanding the different natures of the risks of acute toxicity, as well as the long-term effects of pesticides;

4. The need for, and the use of, protective clothing and 5. Symptoms of pesticide poisoning;

5. First aid and other procedures to be followed in case of pesticide accidents; and 7. Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers including precautions to be taken to prevent children from having access to pesticides and pesticide (C) Environment, including— 1. Potential environmental consequences of the use, and the misuse, of pesticides as may be influenced by such factors as weather and other climatic conditions; types of terrain, soil, and other substrate; the presence of fish, wildlife, and other nontarget organisms; and drainage patterns;

(D) Pests and pest recognition, including— 1. The common features of pest organisms and the characteristics of pest damage as a means of pest recognition;

2. Pest development, including the biology and habits of pests, as may be relevant to problem identification in pest control; and 3. Correctly selecting the proper pesticide product(s) for effective pest control and verifying the labeling does not prohibit the use of the product for the control of the target pest(s) or use site;

(E) Pesticides, including— 1. Types of pesticides, types of pesticide formulations, compatibility, synergism, persistence, and the toxicity of various pesticides and pesticide formulations to animals and plants;

2. The hazards and residues associated with pesticide use;

3. Factors which influence pesticide effectiveness or lead to such problems as resistance to pesticides; and 4. Dilution procedures;

(F) Pesticide equipment, including— 1. The types of equipment and the advantages and limitations of each type;

2. The use, maintenance, and calibration of pesticide equipment; and 3. Drift prevention and pesticide loss into the environment;

(G) Application techniques, including— 1. Methods and procedures used to apply various formulations of pesticides and the application technique to use in a given situation;

2. Understanding how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse;

3. The prevention of pesticide drift and of pesticide loss into the environment; and 4. Which application method to use in a given situation and that use of a fumigant or aerial application requires additional certification;

(H) State and federal pesticide laws and regulations;

(I) Responsibility of certified applicators supervising noncertified applicators, including— 1. Understanding and complying with all regulations for certified applicators who supervise noncertified applicators using general use and restricted use pesticides and the regulatory requirements for recordkeeping for noncertified applicators who have demonstrated competency in the safe use of all pesticides;

2. Providing use-specific instructions to noncertified applicators prior to using general use and restricted use pesticides under the direct supervision of a certified applicator;

3. Pertinent state and federal pesticide laws and regulations for explanation to noncertified applicators who use general use and restricted use pesticides under the direct supervision of certified applicators; and (J) Professionalism, including— 1. Understanding of the importance for maintaining chemical security for all pesticides and how to communicate information about pesticide exposure and risks with the public; and 2. Pesticide product stewardship.

(4) Specific Standards of Competence for Certification of Commercial Applicator, Noncommercial Applicator, and Public Operator Categories. The applicant shall demonstrate a practical knowledge of at least one (1) of the following categories:

(A) Category 1—Agricultural Pest Control, including— 1. Subcategory a—Agricultural Plant Pest Control, A. The crops to which pesticides will be applied;

B. The specific pests of those crops; and C. Potential soil and water problems, preharvest intervals, reentry intervals, phytotoxicity due to a wide variety of plants to be protected, drift, persistence beyond the intended period of pest control, potential for environmental contamination, potential for injury to nontarget plants and animals, and potential for causing community problems resulting from the use of pesticides in agricultural areas;

2. Subcategory b—Agricultural Animal Pest Control, A. Animals or the harborages of animals to which the pesticides are applied and their associated pests;

B. Specific pesticide toxicity to animals and the potential for illegal pesticide residues when these animals are to be used for human or animal food; and C. Hazards associated with pesticide formulations and application techniques as they apply to animals of various ages, animals under various types of stress, and the extent of treatment;

(B) Category 2—Forest Pest Control, including— 1. The types of forest, forest nurseries, seed production, and the pests involved;

2. The cyclic occurrence of certain pests;

3. Specific population dynamics as a basis for programming pesticide applications;

4. Nontarget plants and animals and their vulnerability to pesticides;

5. Control methods which will minimize the possibility of secondary problems such as the unintended effects on wildlife and which will minimize problems of pollution;

6. Specialized equipment, especially as it relates to meteorological factors and adjacent land use;

7. Relevant organisms causing harm and their vulnerability to the pesticides to be applied;

8. How to determine when pesticide use is proper;

9. The selection of application method; and 10. Potential for phytotoxicity due to a wide variety of plants to be protected, drift, and persistence beyond the intended period of pest control;

(C) Category 3—Ornamental and Turf Pest Control, 1. Pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and the production and maintenance of turf;

2. Potential phytotoxicity (chemical burn of plant tissue) due to a wide variety of plant material involved;

3. Pesticide drift;

4. The persistence of pesticides beyond the intended period of pest control;

5. Application methods which will minimize or prevent hazards to humans, pets, and other domestic animals; and 6. Nontarget exposures;

(D) Category 4—Seed Treatment, including— 1. The types of seeds which require chemical protection against pests;

2. Factors such as seed coloration, pesticide carriers, and surface active agents which influence pesticide binding and may affect germination;

3. The hazards associated with the handling, sorting, and mixing of treated seed;

4. The problems regarding the misuse of seed treated with pesticides, such as the introduction of treated seed into food and feed channels;

5. The proper disposal of unused treated seed; and 6. The importance of proper application techniques to avoid harm to nontarget organisms;

(E) Category 5—Aquatic Pest Control, including— 1. The secondary effects which can be caused by improper application rates, incorrect formulations, and the faulty application of those pesticides used in this category;

2. Various water use situations and the potential for downstream adverse effects;

3. The potential adverse effects of pesticides on nontarget plants, fish, birds, beneficial insects, and other organisms which may be present in aquatic environments; and 4. The principles of limited area applications;

(F) Subcategory 5b—Sewer Root Pest Control, including— 1. Pesticide labels and labeling including metam-sodium pesticide products used for sewer root pest control;

2. Pesticide safety and the need for the use of personal protective equipment, including problems and mistakes leading to exposure and the signs and symptoms of human and environmental exposure;

3. Equipment used to perform sewer root pest control applications; and 4. Proper storage, handling, transport, spills, cleanup, and disposal including the disposal of excess material, waste, and (G) Category 6—Right-of-Way Pest Control, including— 1. The wide variety of environments involved in right-ofway pest control;

4. Techniques to minimize nontarget exposure, pesticide run off, pesticide drift, and excess foliage destruction;

5. The recognition of target pest organisms involved in right-of-way pest control;

6. Herbicides and the need for containing these pesticides within the right-of-way area;

7. The impact of pesticides on adjacent areas and communities;

8. Potential for phytotoxicity due to a wide variety of plants and pests to be controlled; and 7. Persistence beyond the intended period of pest control;

(H) Category 7—Structural Pest Control, including— 1. Subcategory a—General Structural Pest Control, A. A wide variety of structural pests, including signs of their presence, life cycles, biology, and behavior as it may be relevant to problem identification and control;

B. The types of formulations appropriate for the control of these pests;

C. The application of pesticides in a manner to avoid damage to the structure, contamination of food, contamination of the structure and surrounding area, and exposure of people and pets;

D. The specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this category; and E. Environmental conditions relating to outdoor applications of pesticides used in this category;

2. Subcategory b—Termite Pest Control, including— A. Termites, including their life cycle and habits and a practical knowledge of termite damage;

B. Various associated wood-destroying organisms, including but not limited to powderpost beetles, carpenter ants, and other wood-destroying insects;

C. The use of pesticides in a manner to avoid exposure to humans, domestic pets, and other nontarget organisms;

D. Potential contamination of the environment and associated problems; and E. Types of formulations appropriate for control; and 3. Subcategory c—Fumigation Pest Control, including— A. Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements specific to non-soil fumigants;

B. Safety. Measures to minimize adverse health effects, (I) Understanding how certified applicators, noncertified applicators, and bystanders can become exposed to (II) Common problems and mistakes that can result in direct exposure to fumigants;

(III) Signs and symptoms of human exposure to (IV) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;

(V) Steps to take if a fumigant applicator experiences sensory irritation;

(VI) Understanding air monitoring, when it is required, and where and when to take samples;

(VII) Buffer zones, including procedures for buffer zone monitoring and who is allowed to be in a buffer zone;

(VIII) First-aid measures to take in the event of exposure to a fumigant; and (IX) Labeling requirements for transportation, storage, spill clean up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers;

C. Non-soil fumigant chemical characteristics. Characteristics of non-soil fumigants including all of the following:

(I) Chemical characteristics of non-soil fumigants;

(II) Specific human exposure concerns for non-soil (III) How fumigants change from a liquid or solid to a gas;

(IV) How fumigants disperse in the application zone;

(V) Compatibility concerns for tanks, hoses, tubing, and other equipment;

D. Application. Selecting appropriate application methods and timing, including all of the following:

(I) Application methods and equipment commonly used for non-soil fumigation;

(II) Site characteristics that influence fumigant exposure;

(III) Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications under specific conditions;

(IV) Conducting pre-application inspection of application equipment and the site to be fumigated;

(V) Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use;

(VI) Calculating the amount of product required for a specific treatment area;

(VII) Understanding the basic techniques for calibrating non-soil fumigant application equipment; and (VIII) Understanding when and how to conduct air monitoring and when it is required;

E. Pest factors. Pest factors that influence fumigant activity, including all of the following:

(I) Influence of pest factors on fumigant volatility;

(II) Factors that influence gaseous movement through the area being fumigated and into the air;

(III) Identifying pests causing the damage and verifying they can be controlled with fumigation;

(IV) Understanding the relationship between pest density and application rate; and (V) The importance of proper application rate and F. Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following:

(I) Following label directions for required personal (II) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(III) Understanding the types of respirators required when using specific non-soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and (IV) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and G. Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including all of the following:

(I) When a fumigant management plan must be in during the application, and who must have access to it;

(II) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

(III) The person responsible for verifying that a fumigant management plan is accurate; and (IV) The elements, purpose, and content of a postapplication summary, who must prepare it, and when it must be completed; and H. Posting requirements. Understanding posting requirements, including all of the following:

(I) Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such areas;

(II) Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting time frames for each; and (III) Proper choice and placement of warning signs;

(I) Category 8—Public Health Pest Control, including— 1. Vector-disease transmission as it relates to, and influences, pesticide application problems;

2. Pests commonly involved in public health pest control, including the life histories and habits of these pests;

3. Environments and sites commonly found in public health pest control, which range from streams to those conditions found in buildings;

4. The importance of, and employment of, such nonchemical control methods as sanitation, waste disposal, and drainage;

5. How to minimize damage to and contamination of areas treated;

6. Acute and chronic exposure of people and pets; and 7. Nontarget exposures;

(J) Category 9—Regulatory Pest Control, including— 1. Regulated pests, applicable laws pertaining to pest quarantine and other forms of pest regulation, and the potential impact on the environment of pesticides used in suppression and eradication programs; and 2. Factors influencing introduction, spread, and population dynamics of relevant pests;

(K) Category 10—Demonstration and Research Pest Control, 1. Comprehensive standards reflecting a broad spectrum of pesticide uses;

2. Problems, pests, and population levels occurring in each demonstration or research situation;

3. An understanding of pesticide-organism interactions and the importance of integrating pesticide use with other control methods;

4. Effects of restricted use pesticides on target and nontarget organisms; and 5. The applicant shall demonstrate competence in the category of Demonstration and Research Pest Control and must also be certified in the proper category(ies) of use;

(L) Category 11—Wood Products Pest Control, including— 1. Wood degradation and a general knowledge of pesticides used to prevent or control the degradation; and 2. An understanding of the pesticides used to preserve wood, including a knowledge of solution formulations, application techniques, hazards to man, domestic animals, and the environment, and the safe and proper means of container storage and disposal;

(M) Category 12— Soil Fumigation Pest Control, including— 1. Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil fumigation, including all of the following:

A. Labeling requirements specific to soil fumigants;

B. Requirements for certified applicators of fumigants, fumigant handlers, and fumigant handler activities, and the safety information that certified applicators must provide to noncertified restricted use pesticide applicators using fumigants under their direct supervision;

C. Entry-restricted periods for tarped and untarped field application scenarios;

D. Recordkeeping requirements; and E. Labeling provisions unique to fumigant products containing certain active ingredients;

2. Safety. Measures to minimize adverse health effects, A. Understanding how certified applicators, noncertified RUP applicators using fumigants under direct supervision of certified applicators, field workers, and bystanders can become exposed to fumigants;

B. Common problems and mistakes that can result in direct exposures to fumigants;

C. Signs and symptoms of human exposure to fumigants;

D. Air concentrations of a fumigant that require that applicators wear respirators or exit the work area entirely;

E. Steps to take if a fumigant applicator experiences sensory irritation;

F. Understanding air monitoring, when it is required, and where and when to take samples;

G. Buffer zones, including procedures for buffer zone monitoring and determining who is allowed to be in the buffer zone;

H. First-aid measures to take in the event of exposure to a soil fumigant; and I. Labeling requirements for transportation, storage, spill cleanup, and emergency response for soil fumigants, including safe disposal of containers and contaminated soil, and management of empty containers;

3. Soil fumigant chemical characteristics. Characteristics of soil fumigants including all of the following:

A. Chemical characteristics of soil fumigants;

B. Specific human exposure concerns for soil fumigants;

C. How soil fumigants change from a liquid or solid to a gas;

D. How soil fumigants disperse in the application zone;

E. Compatibility concerns for tanks, hoses, tubing, and other equipment;

4. Application. Selecting appropriate application methods and timing, including all of the following:

A. Application methods, including but not limited to water-run and non-water-run applications, and equipment commonly used for each soil fumigant;

B. Site characteristics that influence fumigant exposure;

C. Understanding temperature inversions and their impact on soil fumigant application;

D. Weather conditions that could impact timing of soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during specific weather conditions;

E. Conducting pre-application inspection of application F. Understanding the purpose and methods of soil sealing, including the factors that determine which soil sealing method to use;

G. Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair;

H. Calculating the amount of product required for a specific treatment area; and I. Understanding the basic techniques for calibrating soil fumigant application equipment;

5. Soil and pest factors. Soil and pest factors that influence fumigant activity, including all of the following:

A. Influence of soil factors on fumigant volatility and movement within the soil profile;

B. Factors that influence gaseous movement through the soil profile and into the air;

C. Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application;

D. Identifying pests causing the damage and verifying they can be controlled with soil fumigation;

E. Understanding the relationship between pest density and application rate; and F. The importance of proper application depth and 6. Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following:

A. Following labeling directions for required personal B. Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

C. Understanding the types of respirators required when using specific soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and D. Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and 7. Fumigant management plans and post-application summaries. Information about fumigant management plans, A. When a fumigant management plan must be in during the application, and who must have access to it;

B. The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

C. The person responsible for verifying that a fumigant management plan is accurate; and D. The elements, purpose, and content of a postapplication summary, who must prepare it, and when it must be completed; and 8. Buffer zones and posting requirements. Understanding buffer zones and posting requirements, including all of the following:

A. Buffer zones and the buffer zone period;

B. Identifying who is allowed in the buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period;

C. Using the buffer zone table from the labeling to determine the size of the buffer zone;

D. Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits;

E. Distinguishing buffer zone posting and treated area posting, including the pre-application and post-application posting time frames for each; and F. Proper choice and placement of warning signs; and (N) Category 13—Aerial Pest Control, including— 1. Labeling. Labeling requirements and restrictions specific to aerial application of pesticides including— A. Spray volumes;

B. Buffers and no-spray zones; and C. Weather conditions specific to wind and inversions;

2. Application equipment. Understand how to choose and maintain manned and unmanned aircraft equipment, either fixed or rotary wing, for aerial application, including all of the following:

A. The importance of inspecting aerial application equipment to ensure it is in proper operating condition prior to beginning an application;

B. Selecting proper nozzles to ensure it is in proper operating condition prior to beginning an application;

C. Knowledge of components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles;

D. Interpreting a nozzle flow chart;

E. Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width;

F. How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence;

G. Where to place nozzles to produce the appropriate droplet size;

H. How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;

I. How to calculate required and actual flow rate;

J. How to verify flow rate using fixed timing, open timing, known distance, or a flow meter; and K. When to adjust and calibrate application equipment;

3. Application considerations. The applicator must demonstrate knowledge of factors to consider before and during application, including all of the following:

A. Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;

B. How to determine wind velocity, direction, and air density at the application site; and C. The potential impact of thermals and temperature inversions on aerial pesticide application;

4. Minimizing drift. The applicator must demonstrate knowledge of methods to minimize off-target pesticide movement, including all of the following:

A. How to determine drift potential of a product using a smoke generator;

B. How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;

C. Selecting techniques that minimize pesticide movement out of the area to be treated; and D. Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift;

5. Performing aerial application. The applicator must demonstrate competency in performing an aerial pesticide application, including all of the following:

A. Selecting a flight altitude that minimizes streaking and off-target pesticide drift;

B. Choosing a flight pattern that ensures applicator and bystander safety and proper application;

C. The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern;

D. Tools available to mark swaths, such as global positioning systems and flags; and E. Recordkeeping requirements for aerial pesticide applications including application conditions if applicable;

6. The applicant shall not only demonstrate competence in the category of Aerial Pest Control, but must also be certified in the proper category(ies) of use. effective Dec. 11, 1977. Amended: Filed March 13, 1978, effective June 11, 1978. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990.

Amended: Filed May 15, 2024, effective Jan. 1, 2025.

2 CSR 70-25.120 Contents of Records Maintained by Certified Commercial Applicators, Certified Noncommercial Applicators, and Certified Public Operators {#sec-2-csr-70-25.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.120}

PURPOSE: This rule sets forth the contents of records to be maintained by certified commercial applicators, noncommercial applicators, and public operators. This rule is necessary to provide all the necessary information on particular pesticide treatments in the event a commercial applicator, noncommercial applicator, or public operator is charged with misuse of a pesticide or possible other charges, either by the director, other regulatory agencies, or by a client.

(1) Certified commercial applicators or their employers shall keep and maintain records for the use of all pesticides. These records shall be completed within three (3) business days from the date of use and be kept for three (3) years in a neat and legible condition.

(2) Certified noncommercial applicators and certified public operators or their employers shall keep and maintain records for the use of restricted use pesticides (RUP). These records shall be completed within three (3) business days from the date of use and be kept for a period of three (3) years in a neat and legible condition.

(3) These records shall be available for inspection by the director during regular business hours at the physical location from which certified applicators use or supervise the use of pesticides or, upon request in writing, the director shall be furnished a copy of these records within ten (10) days of receipt of request.

(4) These records shall contain the following for each application:

(A) Name and license number of the certified applicator using or supervising the use of pesticides;

(B) Name of the noncertified applicator, name and license number of the noncertified RUP applicator, name of the pesticide technician trainee, or the name and license number of the pesticide technician using the pesticide(s), if applicable;

(C) Application date, start time, and end time;

(D) Name and address of the person requesting the pesticide use;

(E) Address or brief description of the application site;

(F) Size of the area treated (such as square feet, linear feet, acres, etc.) excluding indoor spot and crack and crevice applications;

(G) The site, crop and variety name, commodity, or stored product to which pesticide was applied, if applicable;

(H) Target pest(s);

(I) Complete trade (manufacturer’s brand) name(s) from the label(s) of the pesticide(s) used;

(J) The United States Environmental Protection Agency (EPA) registration number(s) from the label(s) of the pesticide(s) used and the special local need registration number, if applicable. In lieu of recording the United States EPA registration number(s) for each pesticide use, documentation shall be maintained that provides incontrovertible correlation between each pesticide use and the United States EPA registration number(s) of the pesticide(s) used;

(K) The pesticide(s) mixture rate, the total amount of mixture used, and the rate of application expressed in reasonable and understandable terms, if applicable;

(L) For pre-mixed, ready-to-use pesticide products, a reasonable estimate of the amount of pesticide used and the actual rate of application expressed in reasonable and understandable terms, if applicable;

(M) The air temperature, measured wind speed, and wind direction at the site of outdoor pesticide applications, excluding applications of pesticides in general structural pest control and termite pest control within ten feet (10') of a building; and (N) A written, signed, and dated request from the agricultural producer requesting the use of a lesser concentration of pesticide than is provided on the pesticide label, if applicable.

Filed Sept. 6, 1977, effective Dec. 11, 1977. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed May 15, 2024, effective Jan. 1, 2025. *Original authority: 281.035, RSMo 1974, amended 1977, 1988, 2019, 2021, and 281.045, RSMo 1974, amended 1977, 1988, 2021.

History

• AUTHORITY: sections 281.035 and 281.045, RSMo Supp. 2024. Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended:

2 CSR 70-25.130 Requirements for a Certified Private Applicator License or Certified Provisional Private Applicator License {#sec-2-csr-70-25.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.130}

PURPOSE: This rule sets forth the requirements for a certified private applicator license.

(1) Applicants for a certified private applicator license or certified provisional private applicator license shall— (A) Be of legal age;

(B) Be a producer of agricultural commodities as defined in 2 CSR 70-25.010;

(C) Present a valid, government-issued photo identification, or other form of similarly reliable identification approved by the director, as proof of identity and age at the time of the training program or examination to be eligible for certification or recertification;

(D) Obtain certification in Category 20–General Agricultural Pest Control:

1. Applicants for a Certified Private Applicator license shall also obtain certification in the following categories when required by the Act: Category 21–Soil Fumigation Pest Control, Category 22–Non-Soil Fumigation Pest Control, and Category 23–Aerial Pest Control.

2. Applicants for a Certified Provisional Private Applicator license are only eligible for certification in Category 20-General Agricultural Pest Control; and (E) Meet one (1) of the following three (3) options for each required category:

3. Attend a private applicator certification training program approved by the director as required by section 281.040, RSMo, and provided and presented by the University of Missouri Extension. The individual’s attendance of an approved private applicator certification training program and successful demonstration of competency in comprehending pesticide label and labeling directions for use shall be verified by the signature of the University of Missouri Extension instructor and the signature of the individual on a verification document provided by the director. The signed document shall be immediately forwarded to the Missouri Department of Agriculture as proof of attendance and evidence of successful demonstration of competency in comprehending pesticide label and labeling directions for use;

4. Complete a private applicator online certification training program approved by the director as required by

section 281.040, RSMo, and provided and presented by the University of Missouri Extension. Immediately following the completion of an online private applicator certification training program, the University of Missouri Extension shall forward verification of the individual’s successful completion of the training program, including evidence of the individual’s demonstration of competency in comprehending pesticide label and labeling directions for use; or 3. Pass the required private applicator category certification examination(s) based on the standards of competence for Category 20–General Agricultural Pest Control, Category 21–Soil Fumigation Pest Control, Category 22–Non-Soil Fumigation Pest Control, and Category 23–Aerial Pest Control. Passing scores require at least seventy percent (70%).

2 CSR 70-25.140 Certification Categories for Private Applicators and Certified Provisional Private Applicators {#sec-2-csr-70-25.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.140}

PURPOSE: This rule details the certification categories for private applicators.

(1) Category 20–General Agricultural Pest Control. This category is provided for private applicators who are required to obtain private applicator certification to use restricted use pesticides for the purpose of producing any agricultural commodity, excluding soil and non-soil fumigants and the aerial application of restricted use pesticides.

(2) Category 21–Soil Fumigation Pest Control. This category is provided for certified private applicators certified in Category 20 who are required to obtain proper category certification for the use of soil fumigants classified as restricted use pesticides for the control of pests found in or on soil during the production of any agricultural commodity.

(3) Category 22–Non-Soil Fumigation Pest Control. This category is provided for certified private applicators certified in Category 20 who are required to obtain proper certification for the use of non-soil fumigants classified as restricted use pesticides for the control of pests in the production and storage of any agricultural commodity.

(4) Category 23–Aerial Pest Control. This category is provided for certified private applicators certified in Category 20 who are required to obtain proper category certification to apply restricted use pesticides with manned or unmanned aircraft, either fixed wing or rotary wing, in the production of any agricultural commodity.

May 15, 2024, effective Jan. 1, 2025.

2 CSR 70-25.150 Standards of Competence for the Certification of Private Applicators {#sec-2-csr-70-25.150 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.150}

PURPOSE: This rule is necessary to set forth the contents of any course of instruction for the private applicator which is to be approved by the director. The approval is provided for in section 281.040, RSMo 1986. This rule sets forth the contents of any course of instruction, plus the standards of competence to be covered during the course of instruction. A method for the verification of private applicator training is set forth in this rule also.

(1) To qualify for private applicator certification or provisional private applicator certification, private applicators are required to read and demonstrate competency in the understanding of pesticide labels and labeling and shall— (A) Attend a University of Missouri Extension private applicator Category 20–General Agricultural Pest Control certification training program;

(B) Complete a University of Missouri Extension private applicator Category 20–General Agricultural Pest Control online certification training program; or (C) Pass the department’s private applicator Category 20– General Agricultural Pest Control certification examination.

(2) Private applicators must obtain certification in Category 20– General Agricultural Pest Control prior to becoming certified in one (1) of the additional private applicator certification categories. Private applicators that use restricted use pesticides to fumigate soil must also obtain certification in Category 21–Soil Fumigation Pest Control. Private applicators that use restricted use pesticides to fumigate non-soil commodities or non-soil sites must also obtain certification in Category 22–Non-Soil Fumigation Pest Control. Private applicators that apply restricted use pesticides through aerial application must also obtain certification in Category 23–Aerial Pest Control.

The certification training programs, online certification training programs, and certification examinations provided for Categories 20, 21, 22, and 23 shall encompass the standards of competence as provided in sections (3), (4), (5), and (6) of this rule.

(3) Category 20–General Agricultural Pest Control Standards of Competence. The applicant shall demonstrate practical (A) The recognition of common agricultural pests, damage caused by these pests, the importance of selecting proper pesticide products for effective control, and the importance of verifying that the label does not prohibit the use of the product to control the target pest(s) or use site;

(B) Reading and understanding the label and labeling information, including general format and terminology, the common name of the pesticide, the pest to be controlled, timing and methods of application of the pesticide, signal words, symbols, safety precautions, pre-harvest intervals, reentry intervals, and disposal procedures for pesticides and pesticide containers;

(C) All use restrictions and directions for use found on the label and labeling, certification requirements in the appropriate category to use restricted use pesticides, and state and federal pesticide laws requiring the use of any registered pesticide in a manner consistent with its labeling;

(D) The meaning of product classification, the difference between mandatory and advisory labeling language, and understanding and complying with product-specific notification requirements;

(E) The application of pesticides in accordance with label and labeling instructions and warnings, including the ability to prepare the proper concentration of the pesticides to be used under particular circumstances, taking into account factors such as the area to be covered, speed in which application equipment will be driven, and the quantity to dispense in a given period of operation;

(F) The characteristics of pesticides, including types of pesticides, types of formulations, compatibility, synergism, persistence, animal and plant toxicity, hazards and residues associated with use, factors influencing effectiveness or leading to problems such as pesticide resistance, and dilution procedures;

(G) The recognition of local environmental situations that must be considered during application to avoid contamination and potential environmental consequences of the use and misuse of pesticides, including weather and other climatic conditions, types of terrain, soil, or other substrate, presence of fish, wildlife, and nontarget organisms, and drainage patterns;

(H) Measures to avoid or minimize adverse health effects, common types and causes of pesticide mishaps, needs for and proper use of personal protective clothing and equipment, and precautions to prevent injury to applicators and other individuals in or near treated areas;

(I) Likely ways pesticide exposure may occur, symptoms of pesticide poisoning, the difference between acute toxicity and chronic toxicity and their long-term effects, understanding that a pesticide’s risk is a function of exposure and the pesticide’s toxicity, and first aid and other procedures to be followed in case of a pesticide mishap;

(J) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide (K) Application equipment, including types of equipment and the advantages and limitations of each, uses, maintenance, and calibration procedures;

(L) Selecting appropriate application methods including methods used to apply various forms and formulations of pesticides, which application method to use in a given situation, that use of a fumigant or aerial application requires additional certification, and how the selection of application method and use of a pesticide may result in unnecessary, ineffective use and misuse;

(M) The prevention of pesticide drift and pesticide loss into the environment;

(N) The state and federal pesticide laws and regulations, including the Worker Protection Standard in 40 CFR Part 170;

(O) The importance of maintaining secure storage for pesticides and other chemicals and how to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons;

(P) Agricultural pest control, including specific pests of relevant agricultural commodities and the control of such pests with pesticides, how to avoid contamination of ground and surface waters, understanding pre-harvest and restricted entry intervals and entry-restricted periods and areas, and understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities; and (Q) Hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

(4) Category 21–Soil Fumigation Pest Control Standards of Competence. The applicant shall demonstrate practical (A) Fumigant label and labeling comprehension, including labeling requirements specific to soil fumigation, labeling requirements for certified applicators and handlers of fumigants, permitted fumigant handler activities, and the safety information that certified applicators must possess while using fumigants;

(B) Entry-restricted period for different tarped and untarped field applications, recordkeeping requirements imposed by labels and labeling, and labeling provisions unique to products containing certain active ingredients;

(C) Labeling requirements for fumigation management plans, such as when a fumigant management plan must be in during application, and who must have access to it;

(D) The elements of a fumigation plan and resources for preparing a plan, responsibility for verifying that the fumigant management plan is accurate, and the elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed;

(E) Measures to minimize adverse effects, including understanding how certified applicators, field workers, and bystanders can become exposed to fumigants;

(F) How common problems and mistakes can result in direct exposure to fumigants, the signs and symptoms of human exposure to fumigants, air concentrations, and requirements for respirators;

(G) The steps to take if a fumigant applicator experiences sensory irritation, air monitoring, when required and when to sample the air, buffer zones, first-aid measures, and the labeling requirements for transportation, storage, spill cleanup, and emergency response for soil fumigants, including safe disposal of containers and contaminated soil;

(H) Characteristics of soil fumigants, including specific human exposure concerns, how soil fumigants change from liquid or solid to a gas, how soil fumigants disperse in the application zone, and compatibility concerns for tanks, hoses, tubing, and other equipment;

(I) Selecting appropriate application methods and timing, including application methods for water-run and non-waterrun applications, equipment used for each soil fumigant, and site characteristics that influence fumigant exposure;

(J) Temperature inversions and their impact on soil fumigant applications, weather conditions that could impact timing of soil fumigation application, pre-application inspection of application equipment, the purpose and methods of soil sealing, and which methods to use;

(K) The use of tarps, how to seal tarps, labeling requirements for tarp removal, perforation, and repair, calculating the amount of fumigant required for a specific treatment area, and understanding the basic techniques for calibrating soil fumigation equipment;

(L) Soil and pest factors that influence fumigant activity, including influence of soil factors on fumigant volatility and movement within the soil and factors that influence gaseous movement through soil and air;

(M) Soil characteristics, including how they affect the success of a soil fumigant application, assessing soil moisture, correcting for soil characteristics that could hinder a successful soil fumigation, pest(s) identification and verification that the soil fumigant will control pest(s), the relationship between pest density and application rate, and proper application depth and (N) Personal protective equipment (PPE), including following all label directions requiring PPE use and selecting, inspecting, using, caring for, and replacing PPE;

(O) The types of respirators required when using specific soil fumigants and how to use respirators properly (medical evaluation, fit testing, and required replacement of cartridges and canisters), labeling requirements and other laws applicable to medical evaluation for respirator use, fit test, training, and (P) Fumigant management plans and post-application summaries, including when a fumigation management plan must be in effect, how long it must be kept on file, where it must be kept during a fumigant application, and who must have access to it;

(Q) The elements of a fumigant management plan and resources available for preparing a plan, the person responsible for verifying that a fumigation management plan is accurate, and the elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed;

(R) Buffer zones and posting requirements, including buffer zones and buffer zone periods, identifying those who can be in the buffer zone and those who cannot be in the buffer zone during the buffer zone period;

(S) How to use the buffer zone table from the labeling to determine the size of the buffer zone, factors that determine the buffer zone credits for application scenarios, and calculating buffer zones using credits; and (T) Distinguishing buffer zone posting and treated area posting, including the pre-application and post-application posting time frames for each and the proper choice and placement of warning signs.

(5) Category 22–Non-Soil Fumigation Pest Control Standards of Competence. The applicant shall demonstrate a practical (A) The use of fumigants on sites other than soil, including label and labeling comprehension of products used to perform non-soil fumigations and labeling requirements specific to non-soil fumigants;

(B) Safety measures to minimize adverse health effects, including understanding how applicators and bystanders can become exposed to fumigants, common problems and mistakes that can result in direct exposure to fumigants, and the signs and symptoms of human exposure to fumigants;

(C) When air concentrations trigger applicators, handlers, and workers to wear respirators or to exit the application site, the steps to take if an applicator using a fumigant experiences exposure, and first-aid measures to take in the event of exposure to a fumigant;

(D) When to monitor and sample air, monitoring buffer zones and who is permitted to be in the buffer zone, labeling requirements for transportation, storage, spill clean up, and emergency response to non-soil fumigants, the safe disposal of containers and contaminated materials, and management of empty containers;

(E) Non-soil fumigant chemical characteristics, specific human exposure concerns for non-soil fumigants, how fumigants change from a liquid or solid to a gas, and how fumigants disperse in the application zone;

(F) Compatibility concerns for tanks, hoses, tubing, and other (G) Appropriate application methods and timing, including application methods and equipment commonly used for nonsoil fumigation, site characteristics that influence fumigant exposure, and conditions that could impact timing of non-soil fumigations, such as air stability, air temperature, humidity, and wind currents, and labeling restrictions limiting applications when specific conditions are present;

(H) Conducting pre-application inspections of equipment and the site to be fumigated, the purpose and methods of sealing the area to be fumigated, and the factors that determine when and which sealing methods to use;

(I) Calculating the amount of fumigant required to treat the site, basic techniques for calibrating non-soil fumigant application equipment, and understanding when and how to conduct air monitoring and when it is required;

(J) Pest factors that influence fumigant activity, including influence of pest factors on fumigant volatility, factors that influence gaseous movement through the area being fumigated and into the air, and identifying pests causing the damage and verifying they can be controlled with fumigation;

(K) The relationship between pest density and application rate and the importance of proper application rate and timing;

(L) Personal protective equipment, including how to use it properly, following labeling directions for required personal protective equipment, and selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(M) The different types of respirators required when using non-soil fumigants and how to use them properly, including when to replace cartridges and canisters;

(N) Labeling requirements and other laws applicable to medical evaluations and fit testing for respirator use and applicable training and recordkeeping;

(O) When fumigation management plans and postapplication summaries are required, including when a fumigation management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(P) The elements found in a fumigation management plan and resources available to assist the applicator in preparing the fumigant management plan, who is responsible for verifying the plan is accurate, and the elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed; and (Q) Posting requirements, including understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such area, distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting time frames for each, and the proper choice and placement of warning signs.

(6) Category 23–Aerial Pest Control Standards of Competence.

The applicant shall demonstrate a practical knowledge of— (A) The pest problems and pest control practices associated with performing aerial applications;

(B) Labeling requirements and restrictions specific to aerial application of pesticides, spray volumes, buffer and no-spray zones, and weather conditions specific to wind and inversions;

(C) Label-mandated recordkeeping requirements for aerial pesticide applications including application conditions;

(D) Application equipment, including how to choose and maintain manned and unmanned aircraft equipment, either fixed or rotary wing, for aerial application, to ensure it is in proper operating condition prior to beginning an application, selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift;

(E) The components of an aerial pesticide application system (pesticide hoppers, tanks, pumps, and types of nozzles) and nozzle flow charts;

(F) Determining the number of nozzles for intended pesticide output using a nozzle flow rate chart, aircraft speed, and swath width;

(G) How nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence and where to place nozzles to produce the appropriate droplet size;

(H) How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;

(I) How to calculate required and actual flow rates, how to verify flow rate using fixed timing, open timing, known distance, or a flow meter, and when to adjust and calibrate application equipment;

(J) Application factors to consider before and during the application, including weather conditions that could impact application by affecting aircraft engine power, take-off distance, climb rate, and spray droplet evaporation;

(K) How to determine wind velocity, direction, and air density at the application site and potential impact of thermals and temperature inversions on aerial pesticide application;

(L) Methods to minimize off-target pesticide movement, including determining drift potential of a product by use of a smoke generator and how to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;

(M) Selecting techniques that minimize pesticide movement out of the treated area and how to document special equipment configurations or flight patterns used to reduce off-target pesticide drift;

(N) Performing an aerial pesticide application, including selecting a flight altitude that minimizes streaking and offtarget pesticide drift and choosing a flight pattern that ensures applicator and bystander safety and proper application; and (O) The importance of engaging and disengaging spray precisely when entering a predetermined swath pattern at the application site and the tools used to mark swath patterns, such as global positioning systems and flags.

2 CSR 70-25.153 Stipulations and Training Requirements for Noncertified Restricted Use Pesticide (RUP) Applicators {#sec-2-csr-70-25.153 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.153}

PURPOSE: This rule details stipulations and training requirements for noncertified RUP applicators.

(1) Applicants for a noncertified RUP applicator license shall complete one (1) of the following options:

(A) Pass a written examination (CORE) based on the general standards of competence provided in 2 CSR 70-25.110(3). Passing the CORE examination provides a three- (3-) year retraining period; or (B) Complete an approved noncertified RUP applicator training program. Completing an approved program provides a one- (1-) year retraining period.

1. Prior to training an individual as a noncertified RUP applicator, certified applicators or their employers must have an approved training program. Approved training programs shall be valid until revoked.

2. Noncertified RUP applicator training must be presented to applicants and noncertified RUP applicators either orally from written materials or audiovisually. The information must be presented live, whether in-person or virtual, in a manner that the applicants and noncertified RUP applicators can understand.

3. Individuals conducting training must be certified applicators of restricted use pesticides or designated by the department as educators with an institution of higher education or a professional association. The individuals conducting training must also be present during the entire training program and must respond to the noncertified applicators’ questions.

4. The noncertified RUP applicator training materials must include the information that applicants and noncertified RUP applicators need in order to protect themselves, other people, and the environment before, during, and after making a restricted use pesticide application. The noncertified RUP applicator training materials must include, at a minimum, information regarding the following:

A. Potential hazards from toxicity and exposure that pesticides present to noncertified RUP applicators and their families, including acute and chronic effects, delayed effects, and sensitization;

B. Routes through which pesticides can enter the body;

C. Signs and symptoms of common types of pesticide poisoning;

D. Emergency first aid for pesticide injuries or poisonings;

E. Routine and emergency decontamination procedures, including emergency eye-flushing techniques. Noncertified RUP applicators must be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water. Noncertified RUP applicators must also be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible;

F. How and when to obtain emergency medical care;

G. After working with pesticides, wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet;

H. Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working with pesticides;

I. Potential hazards from pesticide residues on clothing;

J. Wash work clothes before wearing them again and wash them separately from other clothes;

K. Do not take pesticides or pesticide containers used at work to your home;

L. Potential hazards to children and pregnant women from pesticide exposure;

M. After working with pesticides, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members;

N. How to report suspected pesticide use violations to the appropriate state or tribal agency responsible for pesticide enforcement;

O. Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use product statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal P. Need for, and appropriate use and removal of, personal Q. How to recognize, prevent, and provide first-aid treatment for heat-related illness;

R. Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;

S. Environmental concerns such as drift, runoff, and wildlife hazards;

T. Restricted use pesticides may be used only by a certified applicator or by a noncertified RUP applicator working under the direct supervision of a certified commercial applicator, certified noncommercial applicator, or certified public operator;

U. The certified applicator’s responsibility to provide each noncertified RUP applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface and ground water, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects.

The certified applicator must provide these instructions in a manner the noncertified RUP applicator can understand;

V. The certified applicator’s responsibility to ensure that each noncertified RUP applicator has access to the applicable product labeling at all times during its use;

W. The certified applicator’s responsibility to ensure that when the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each noncertified RUP applicator has clean, labeling-required personal protective equipment in proper operating condition, and that the personal protective equipment is worn and used correctly for its intended purpose;

X. The certified applicator’s responsibility to ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the noncertified RUP applicator, other persons, or the environment;

Y. The certified applicator’s responsibility to ensure that a means to immediately communicate with the certified applicator is available to each noncertified RUP applicator using restricted use pesticides under the certified applicator’s direct supervision.

5. Employers or certified applicators must submit to the director a noncertified RUP applicator Notice of Training form provided by the director.

6. Employers or certified applicators shall keep and maintain a copy of the noncertified RUP applicator Notice of Training form and noncertified RUP applicator application for a period of two (2) years from the date the training was completed.

(2) Noncertified RUP applicators must pass the CORE exam or complete an approved training program prior to the expiration of their retraining date. Passing the CORE examination provides a three- (3-) year retraining period. Completing an approved training program provides a one- (1-) year retraining period.

(3) The CORE examination used to obtain a valid noncertified RUP applicator license may be used for eighteen (18) months from the examination date to meet the CORE examination requirement of a Certified Commercial Applicator, Certified Noncommercial Applicator, or Certified Public Operator license.

The noncertified RUP applicator license will be canceled upon issuance of the Certified Commercial Applicator, Certified Noncommercial Applicator, or Certified Public Operator license.

May 15, 2024, effective Jan. 1, 2025.

2 CSR 70-25.155 Declaration of the Agricultural Pesticide Heptachlor as a Restricted Use Pesticide for Controlling Cutworms on Missouri Field Corn Acreage and Implementation of a Program of Restricted Use of Heptachlor for the Years 1978, 1979 and 1980 {#sec-2-csr-70-25.155 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.155}

(Rescinded August 11, 1986)

Emergency rule filed March 14, 1978, effective March 24, 1978, expired July 22, 1978. Original rule filed March 13, 1978, effective June 11, 1978. Rescinded: Filed May 13, 1986, effective Aug. 11, 1986.

History

• AUTHORITY: sections 281.025 and 281.060, RSMo Supp. 1975.

2 CSR 70-25.156 Responsibilities of Certified Commercial Applicators or Their Employers; Application Requirements, Qualifications, and Stipulations for Pesticide Technician Trainees and Pesticide Technicians {#sec-2-csr-70-25.156 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.156}

PURPOSE: This rule defines the responsibilities, application requirements, qualifications and stipulations related to the pesticide technician license classification established under

section 281.038, RSMo (Cum. Supp. 1990).

(1) Responsibilities of Certified Commercial Applicators or Their Employers for Pesticide Technicians and Pesticide Technician Trainees.

(A) Prior to employment of pesticide technician trainees, certified commercial applicators or their employers must have an approved training program for each category or subcategory in which pesticide technicians will use or determine the need for the use of pesticides and in accordance with guidelines provided by the director.

(B) Certified commercial applicators or their employers shall notify the director in writing within ten (10) days of the employment and of the discontinued employment of an individual as a pesticide technician or pesticide technician trainee. Notification shall include the applicant’s name, last four (4) digits of their Social Security number, license number if applicable, business name and address, and the dates of employment and discontinued employment.

(C) Certified commercial applicators or their employers must submit to the director a Notice of Training form provided by the director.

(D) Certified commercial applicators or their employers shall keep and maintain a copy of the Notice of Training form for a period of three (3) years from the date training was completed.

The form shall include the name and business address of the pesticide technician trainee, the name(s) and license number(s) of the person(s) providing training, the title of and time spent on each standard of competence, the dates of training, and signatures of the trainer(s) and the pesticide technician trainee.

(E) Certified commercial applicators or their employers shall keep and maintain a copy of the approved training course used for a period of three (3) years from the last date used.

(2) Application for a Pesticide Technician License.

(A) The director shall provide a pesticide technician license application form upon request. Forms may be requested from the Bureau of Pesticide Control, Missouri Department of Agriculture.

(B) Applications shall be either typed or clearly printed in ink.

(C) The applicant shall attach to the application a clear, fullface, head-and-shoulder photograph of the applicant taken within twelve (12) months prior to the date of application.

(D) Applications are valid for one (1) year from the date received.

(E) If a license expires for more than one (1) year, all documents pertaining to that license may be destroyed.

(F) The applicant shall furnish the director with the following:

1. Name, including any other names under which the applicant has been known;

2. Last four (4) digits of Social Security number;

3. Date of birth;

4. Direct supervisor name;

5. Residential address (no PO Box accepted);

6. Business name and address from which pesticides will be used;

7. Categories in which the applicant requests a license;

8. A list of present and past employers for the three (3) years prior to application;

9. A list of all present and past pesticide licenses, permits, certifications, or registrations;

10. An explanation of any violation of the statutes of Missouri, any state or protectorate of the United States, or of the federal government which resulted in the denial, suspension, revocation, or modification of a pesticide license, permit, certification, or registration or issuance of a civil penalty; and 11. An explanation of any criminal prosecution, whether or not sentence was imposed, in which the applicant was found guilty, entered a plea of guilty or nolo contendere, or is subject to criminal prosecution under the laws of any state or of the United States for the following:

A. Offenses reasonably related to the qualifications, functions, or duties of professions regulated under this chapter;

B. Offenses an essential element of which is fraud, dishonesty, or an act of violence; or C. Offenses involving moral turpitude.

(3) Qualification Requirements for a Pesticide Technician License.

(A) Applicants for a pesticide technician license shall successfully complete an approved program of verifiable training within one (1) year prior to issuance of a license.

This training shall be in accordance with guidelines provided by the director. The on-the-job, practical training shall be in the physical presence and under the direct supervision of a commercial applicator certified in the category(ies) or subcategory(ies) in which the applicant is being trained.

The training shall be specific to the following category(ies) or subcategory(ies), defined in 2 CSR 70-25.100, in which the applicant will use pesticides:

1. Category 3—Ornamental and Turf Pest Control;

2. Category 7—Structural Pest Control— A. Subcategory a—General Structural Pest Control; and B. Subcategory b—Termite Pest Control.

(B) Pesticide technician training programs must include the following information pertaining to the standards of competence for each category or subcategory of pest control in which the applicant will use pesticides. A pesticide technician training guideline shall be available from the director:

1. Pest identification—identifying pests, their habits and habitats through an understanding of life cycles, basic pest biology, identification of conditions which are favorable to pest infestations, and the pesticide(s) used for pest control;

2. Equipment—the proper use and maintenance of equipment, including proper application techniques and equipment calibration;

3. Pesticides—a basic knowledge of pesticides, including formulations, concentrations, mixing instructions, application rates, manufacturers’ brand names, target areas, pests controlled, and basic information about each pesticide used;

4. Alternative control methods—alternative methods to pest control, including sanitation, mechanical, cultural, and biological means, the possible combinations of those means used in effective pest control, and other alternatives to the application of pesticides;

5. Labels—comprehension of basic information found on pesticide labels, including the name and type of pesticide, ingredients, precautionary statements, directions for use, dilution, storage, disposal, and any information required for the use of pesticides;

6. Pesticide hazards and safety—potential hazards to the applicator, environment, or other individuals, including poisoning symptoms and prevention, first aid, use and maintenance of protective clothing and equipment, and special use precautions;

7. Pesticide spills—information regarding the prevention, reporting, and cleanup of pesticide spills; and 8. Pesticide laws—state and federal pesticide laws and regulations.

(4) Stipulations for a Pesticide Technician License.

(A) Pesticide technicians shall not use their licenses as

(B) Pesticide technicians shall not use their licenses to solicit business from the public, unless the solicitation is for the use or determination of the need for the use of pesticides under the direct supervision of a certified commercial applicator and in the category(ies) or subcategory(ies) in which the pesticide technician is licensed.

(C) Pesticide technicians must display their license in a prominent place at the address printed on the license.

(D) Persons shall not accrue more than forty-five (45) days of experience with the same employer as a pesticide technician trainee in any category or subcategory within a twelve- (12-) month period.

(E) If a pesticide technician is issued a certified commercial applicator license in the same category(ies), or issued a noncertified restricted use pesticide (RUP) applicator license, for the same business location, the pesticide technician license will be canceled.

History

• authority to represent more than one (1) business or employer.
• AUTHORITY: section 281.038, RSMo Supp. 2024. Original rule filed Aug. 14, 1989, effective July 1, 1990. Amended: Filed May 15, 2024,

2 CSR 70-25.160 Application for a Pesticide Dealer License {#sec-2-csr-70-25.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.160}

(Rescinded January 1, 2025)

History

• AUTHORITY: section 281.050, RSMo Supp. 1990. Original rule filed May 12, 1976, effective Oct. 21, 1976. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Rescinded: Filed May 15, 2024, effective Jan.

2 CSR 70-25.170 Stipulations for a Pesticide Dealer License {#sec-2-csr-70-25.170 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.170}

PURPOSE: This rule sets stipulations on pesticide dealers’ licenses. This rule is necessary to keep unlicensed persons from masquerading as pesticide dealers.

(1) A pesticide dealer must display their license at all times in a prominent place at the outlet from which they will sell restricted use pesticides, the address of which shall be printed on the license. In the case of pesticide dealers who sell restricted use pesticides by traveling on the road from place to place, the license shall be carried on the person of the licensee.

(2) Licensed pesticide dealers shall only sell, offer for sale, or distribute restricted use pesticides to licensed pesticide dealers or certified applicators who are eligible under 2 CSR 70-25.080(4) to purchase or acquire restricted use pesticides by holding valid certification in proper certification categories.

2 CSR 70-25.180 Contents of Records Maintained by Pesticide Dealers {#sec-2-csr-70-25.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-25.180}

PURPOSE: This rule outlines the contents of records to be maintained by pesticide dealers.

(1) Pesticide dealers must keep records relating to the sale or distribution of restricted use pesticides. All required information must be recorded within three (3) business days of the sale or distribution and kept for three (3) years.

(2) These records must be available for inspection by the director at reasonable times during regular business hours.

Upon written request, the director shall be furnished a copy of records within ten (10) days of receipt of the request.

(3) Records shall contain the following information:

(A) Pesticide dealer’s name and license number;

(B) The trade name, United States Environmental Protection Agency (EPA) registration number, the applicable state special local need (SLN) registration number(s), the amount of each restricted use pesticide made available at each transaction, and the date of the transaction; and (C) Information related to the individual receiving the restricted use pesticide. This shall include— 1. The name, address, license number, certification category(ies), and license expiration date of the certified applicator to whom the restricted use pesticide was made available; or 2. The name, address, license number, and license expiration date of the pesticide dealer to whom the restricted use pesticide was made available; and 3. The state, tribe, or federal agency that issued the certification or dealer license if not issued by the director; and 4. If applicable, the name, address, and verified relationship of the noncertified, designated representative to whom the restricted use pesticide was made available. The relationship between the certified applicator or pesticide dealer and noncertified, designated representative may be verified through one (1) of the following:

A. Actually seeing the certified applicator’s or pesticide dealer’s original license and an original identification document of the noncertified designated representative; or B. Actually seeing a photocopy of the certified applicator’s or pesticide dealer’s license and a signed statement from the certified applicator authorizing the noncertified designated representative to take possession of the restricted use pesticide.

History

• AUTHORITY: section 281.050, RSMo Supp. 2024. Original rule filed Original authority: 281.050, RSMo 1974, amended 1977, 1988, 2019, 2021.

Chapter 30 Feeds

2 CSR 70-30.018 Requests for Independent Consultants to Furnish Signed Copies of Their Formulations, Specifications, Use Directions, and Appropriate Warning AGRICULTURE {#sec-2-csr-70-30.018 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.018}

2 CSR 70-30.010 Definitions and Terms {#sec-2-csr-70-30.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.010}

PURPOSE: This rule defines words and terms used in these rules.

(1) The name and definitions for commercial feeds shall be the official definition of feed ingredients adopted by the Association of American Feed Control Officials (AAFCO), 2 CSR 70-30.015, except as the director designates otherwise in specific cases.

(2) The terms used in reference to commercial feeds shall be the official feed terms adopted by the AAFCO, 2 CSR 70-30.015, except as the director designates otherwise in specific cases.

(3) The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of section 266.160(2), RSMo: raw meat, hay, straw, stover, silage, cobs, husks and hulls when ground and when not mixed or intermixed with other materials; provided, that these commodities are not adulterated within the meaning of section 266.180(1), RSMo.

(4) Individual chemical compounds and substances are hereby declared exempt from the definition of commercial feed under the provisions of section 266.160(2), RSMo. It has been determined that these products meet the following criteria:

(A) There is an adopted Official Publicationof the Association of American Feed Control Officials definition for the product;

(B) The product is either generally recognized as safe (GRAS) or is not covered by a specific Food and Drug Administration (FDA) regulation;

(C) The product is either a naturally occurring product of relatively uniform chemical composition or is manufactured to meet the AAFCO definition for the product;

(D) The use of the product in the feed industry constitutes a minor portion of its total industrial use;

(E) Small quantities of additives which are intended to impart special desirable characteristics shall be permitted; and (F) There is no need or problem of control of this product.

(5) The following chemical compound(s) and substance(s) are declared EXEMPTED: loose salt.

2 CSR 70-30.015 The Adoption of Terms and Definitions for Feeds and Feed Ingredients {#sec-2-csr-70-30.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.015}

PURPOSE: The terms and definitions published in the Association of American Feed Control Officials’ Official Publicationare generally accepted throughout the United States. Adoption of these terms and definitions in Missouri would allow uniform feed labeling for feed manufacturers that distribute feed into and out of the state.

(1) The annual publication of the Association of American Feed Control Officials (AAFCO), called the Official Publication of AAFCO, is written to establish uniform methods for regulating animal feeds. The feed terms, ingredient names (bold print words in the definitions and ingredient names indicated to the official) and ingredient definitions used in the publication are adopted for administration of the Missouri Commercial Feed Law. 1997.* Original rule filed Aug. 16, 1976, effective Nov. 11, 1976. Amended: Filed May 13, 1986, effective Sept. 1, 1986. Amended:

Filed March 1, 1989, effective June 1, 1989.

Amended: Filed April 2, 1991, effective Aug. 30, 1991. Amended: Filed May 4, 1992, effective Sept. 6, 1992. Amended: Filed April 14, 1993, effective Oct. 10, 1993. Amended:

Filed March 31, 1994, effective Sept. 30, 1994. Amended: Filed April 10, 1995, effective Oct. 30, 1995. Emergency amendment filed May 22, 1996, effective June 1, 1996, expired Nov. 27, 1996. Amended: Filed May 22, 1996, effective Nov. 30, 1996. Amended:

2 CSR 70-30.016 Commercial Feed License {#sec-2-csr-70-30.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.016}

PURPOSE: This rule establishes the requirements for obtaining a commercial feed license.

(1) A commercial feed license is required to be obtained annually by any person or facility, section 266.165, RSMo— (A) Who manufactures a commercial feed within the state (including custom-mix or consultant-formula manufacturers);

(B) Who distributes a commercial feed (includes customer-formula feeds) within or into the state (broker or jobber);

(C) Whose name appears on the label as guarantor of a commercial feed; or (D) Who acts as an independent feed consultant for a fee.

(2) Any person or facility who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed being sold is supplied by a Missouri-licensed manufacturer, distributor or guarantor who has assumed full responsibility for the payment of the tonnage inspection fee is not required to obtain a license.

(3) Feed that is manufactured and consumed by the manufacturer’s own livestock is not considered commercial feed and a Missouri commercial feed license is not required.

(4) A license application supplied or approved by the Missouri Department of Agriculture must be completed, giving all required information and submitted to the department along with the established fee on an annual basis to obtain a commercial feed license. 1997).* Original rule filed Nov. 17, 1997,

2 CSR 70-30.017 Request for Copies of Labels and Labeling {#sec-2-csr-70-30.017 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.017}

PURPOSE: This rule establishes the conditions under which the state may request copies of labels or labeling from a license applicant or licensee.

(1) Copies of labels or labeling may be requested under the following conditions,

section 266.165.3, RSMo:

(A) Formal written complaint;

(B) Serious violations as to label format or label content; or (C) Question as to nutritional adequacy, suitability, safety, and content of the feed. 1997).* Original rule filed Nov. 17, 1997,

2 CSR 70-30.018 Requests for Independent Consultants to Furnish Signed Copies of Their Formulations, Specifications, Use Directions, and Appropriate Warning Statements {#sec-2-csr-70-30.018 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.018}

PURPOSE: This rule establishes the conditions under which an independent consultant may be required to furnish signed copies of their formulations, specifications, use directions and appropriate warning statements.

(1) Independent consultants formulating consultant formula feeds for a fee shall furnish signed copies of their formulations and specifications (guaranteed analysis) along with directions for use and appropriate warning statements to the manufacturer and end user of the product. Consultant formula feeds will be labeled according to section 266.170(1)(a)–(g), RSMo.

(2) Independent consultants providing animal nutritional formulation to a feed purchaser for a fee shall furnish the state with signed copies of their formulations and specifications (guaranteed analysis) along with directions for use and appropriate warning statements when requested, section 266.165.5, RSMo. 1997.* Original rule filed Nov. 17, 1997,

2 CSR 70-30.020 Label Format {#sec-2-csr-70-30.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.020}

PURPOSE: This rule establishes the format of the label, determines mandatory wording on the label, what terms may or may not be used and states what must be guaranteed.

(1) Each individual container of commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this rule on the principal display panel of the product in the following general format:

(A) Product and brand name, if any, under which the commercial feed is distributed as stipulated in 2 CSR 70-30.030(1);

(B) Purpose Statement, as stipulated in 2 CSR 70-30.030(4);

(C) If a drug is used, label as stipulated in 2 CSR 70-30.030(3);

(D) Guaranteed Analysis, as outlined in 2 CSR 70-30.030(5);

(E) Ingredient Statement, listed as stipulated in 2 CSR 70-30.050;

(F) Feeding Directions, as specified in 2 CSR 70-30.060;

(G) Warning and Precautionary Statement, as stipulated in 2 CSR 70-30.030(2)(B) and 2 CSR 70-30.060. When applicable, the Food and Drug Administration (FDA)-required prohibited mammalian protein statement “Do Not Feed to Cattle or Other Ruminants” shall appear in this section;

(H) Name and principal mailing address of the person or facility responsible for the manufacture or distribution, or whose name appears on label as guarantor, as specified in 2 CSR 70-30.030(8); and (I) Quantity Statement, as specified in 2 CSR 70-30.030(9).

(2) Location of Information on Label.

(A) The information required in 2 CSR 70- 30.020(1)(A)–(E) and (1)(H)–(I) must appear in its entirety on one (1) side of the label or one (1) side of the container.

(B) The information required by 2 CSR 70- 30.020(1)(F)–(G) shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by 2 CSR 70-30.020(1)(F)–(G) is placed on a different side of the label or container, it must be referenced on the front side with a statement such as “See back of label for directions for use.” None of the information required by CSR 70-30.020 shall be subordinated or obscured by other statements or designs.

(3) Customer-formula feed shall be accompanied with the information prescribed in this

rule using labels, invoice, delivery ticket or other shipping document bearing the following information:

(A) The name and address of the manufacturer;

(B) The name and address of the purchaser;

(C) The date of sale or delivery;

(D) The customer-formula feed name and brand name, if any;

(E) The product name, brand name, if any, and net quantity of each registered commercial feed and each other ingredient used in the mixture;

(F) The directions for use and precautionary statements as required by 2 CSR 70- 30.060 and 2 CSR 70-30.070; and (G) If a product containing drug(s) is used, the label must include:

1. The purpose of the medication (claim statement); and 2. The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with 2 CSR 70-30.040(4).

2 CSR 70-30.030 Label Information {#sec-2-csr-70-30.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.030}

PURPOSE: This rule and requirements conform to the AAFCO Model Rules. Missouri Commercial Feed Law states that products are misbranded if not labeled for appropriate use. Restrictions by FDA on meat and bone meal use are covered by this rule.

(1) Product name and brand name, if any, under which the commercial feed is distributed.

(A) The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform with the use. A commercial feed labeled for a particular species and class of animal must be suitable for that purpose.

(B) Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to that name.

(C) The name of a commercial feed shall not be derived from one (1) or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any component of a mixture unless all components are included in the name; provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis and the brand or product name is not otherwise false or misleading.

(D) The word protein shall not be permitted in the product name of a feed that contains added nonprotein nitrogen.

(E) When the name carries a percentage value, it shall be understood to signify crude protein or equivalent crude protein content only, or both, even though it may not explicitly modify the percentage with the word protein; provided, that other percentage values may be permitted if they are followed by the proper description and conform to good 4CODE OF STATE REGULATIONS labeling practice. Digital numbers shall not be used in a manner to be misleading or confusing to the consumer.

(F) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as established by 2 CSR 70-30.015, unless the director designates otherwise.

(G) The word vitamin, or a contraction, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement and which is labeled with the minimum content of each vitamin declared as specified in 2 CSR 70-30.040 (3).

(H) The term mineralized shall not be used in the name of a feed, except for trace mineralized salt. When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

(2) Prohibited Mammalian Protein in Ruminant Feeds.

(A) Mammalian protein ingredients cannot be used in ruminant feed, excluding: blood and blood products; gelatin; inspected meat products which have been cooked and offered for human food and further heat processed for feed (such as plate waste and used cellulosic food casing); and any product whose only mammalian protein consists entirely of porcine (swine) or equine (horse) protein.

(B) Any product containing prohibited mammalian protein must have the following precautionary statement “DO NOT FEED TO CATTLE OR OTHER RUMINANTS.”

Pet food and specialty pet food labels will not be required to contain this caution statement if products are sold at a retail level.

(3) If a drug is used— (A) The word “Medicated” shall appear directly following and below the product name in type size no smaller than one-half (1/2) the type size of the product name;

(B) The purpose statement shall be written as required in 2 CSR 70-30.030(4);

(C) The purpose of medication (claim statement) shall be given; and (D) An active ingredient statement listing the active drug ingredients by their established name and the amounts shall be listed in accordance with 2 CSR 70-30.040(4).

(4) Purpose Statement.

(A) The statement of purpose shall contain the specific species and animal class(es) for which the feed is intended, section 266.175(5), RSMo.

(B) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species and purpose while being consistent with the category of animal class which may include, but is not limited to weight range(s), sex, or ages of the animal(s) for which the feed is manufactured, section 2 CSR 70-30.030(5).

(C) The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended.

(D) The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state “For Further Manufacture of Feed” if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix.

(E) The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may exclude the animal class and species and state “For Further Manufacture of Feed” if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feed.

(F) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner.

(5) Nutritional Guaranteed Analysis.

(A) Sequence of nutritional guarantees, when stated, shall be— 1. Crude protein;

2. Equivalent crude protein from nonprotein nitrogen (NPN);

3. Amino acids;

4. Crude fat;

5. Crude fiber;

6. Acid detergent fiber (ADF);

7. Calcium;

8. Phosphorus;

9. Salt;

10. Sodium; and 11. Other required and voluntary guarantees.

(B) Examples of Other Required and Voluntary Guarantees (sequenced to provide consistent grouping of units of measure)— 1. Percentage (%);

2. Parts per million (ppm); and/or 3. International units (IU).

(C) Required Species Specific Guarantees.

1. Required guarantees for swine formula feeds.

A. Animal classes— (I) Pre-starter—2 to 11 pounds;

(II) Starter—11 to 44 pounds;

(III) Grower—44 to 110 pounds;

(IV) Finisher—110 to 242 pounds (market);

(V) Gilts, sows and adult boars;

(VI) Lactating gilts and sows.

B. Guaranteed analysis for swine (I) Minimum percentage of crude (II) Minimum percentage of lysine;

(III) Minimum percentage of crude (IV) Maximum percentage of crude (V) Minimum and maximum per- (VI) Minimum percentage of phos- (VII) Minimum and maximum per- (VIII) Minimum and maximum (IX) Minimum selenium in ppm;

(X) Minimum zinc in ppm.

2. Required guarantees for poultry formula feeds (broilers, layers and turkeys).

A. Animal classes— (I) Layer—Chickens that are grown to produce eggs for food, e.g., table eggs— (a) Starting/growing—From day of hatch to approximately ten (10) weeks of (b) Finisher—From approximately ten (10) weeks of age to time first egg is produced (approximately twenty (20) weeks of age);

(c) Laying—From time first egg is laid throughout the time of egg production; and (d) Breeders—Chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs, from time first egg is laid throughout their productive cycle;

(II) Broilers—Chickens that are grown for human food— (a) Starting/growing—From day of hatch to approximately five (5) weeks of (b) Finisher—From approximately five (5) weeks of age to market (42 to 52 days); and (c) Breeders—Hybrid strains of chickens whose offspring are grown for human food (broilers), any age and either sex;

(III) Broilers, Breeders—Chickens whose offspring are grown for human food (broilers)— (a) Starting/growing—From day of hatch until approximately ten (10) weeks of (b) Finishing—From approximately ten (10) weeks of age to time first egg is produced, approximately twenty (20) weeks of age;

(c) Laying—Fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced; and (IV) Turkeys— (a) Starting/growing—Turkeys that are grown for human food from day of hatch to approximately thirteen (13) weeks of age (females) and sixteen (16) weeks of age (males);

(b) Finisher—Turkeys that are grown for human food, females from approximately thirteen (13) weeks of age to approximately seventeen (17) weeks of age; males from sixteen (16) weeks of age to twenty (20) weeks of age, (or desired market weight);

(c) Laying—Female turkeys that are producing eggs; from time first egg is produced, throughout the time they are producing eggs; and (d) Breeder—Turkeys that are grown to produce fertile eggs, from day of hatch to time first egg is produced (approximately thirty (30) weeks of age), both sexes.

B. Guaranteed analysis for poultry (I) Minimum percentage of crude (II) Minimum percentage of lysine;

(III) Minimum percentage of methionine;

(IV) Minimum percentage of crude (V) Maximum percentage of crude (VI) Minimum and maximum per- (VII) Minimum percentage of (VIII) Minimum and maximum percentage of total salt, if added;

(IX) Minimum and maximum pernished by the maximum salt guarantee.

3. Required guarantees for beef cattle formula feeds.

A. Animal classes— (I) Calves (birth to weaning);

(II) Cattle on pasture (may be specific as to production stage; e.g. stocker, feeder, replacement heifers, brood cows, bulls, etc.); and (III) Feedlot cattle.

B. Guaranteed analysis for beef complete feeds and supplements (all animal classes)— (I) Minimum percentage of crude (II) Maximum percentage of equiv- (NPN) when added;

(III) Minimum percentage of crude (IV) Maximum percentage of crude (V) Minimum and maximum per- (VI) Minimum percentage of phos- (VII) Minimum and maximum per- (VIII) Minimum and maximum (IX) Minimum percentage of potassium; and (X) Minimum vitamin A, other C. Guaranteed analysis for beef mineral feeds (if added)— (I) Minimum and maximum per- (II) Minimum percentage of phos- (III) Minimum and maximum percentage of salt;

(IV) Minimum and maximum per- (V) Minimum percentage of magnesium;

(VI) Minimum percentage of potassium;

(VII) Minimum copper in ppm;

(VIII) Minimum selenium in ppm;

(IX) Minimum zinc in ppm; and (X) Minimum Vitamin A, other Units per pound.

4. Required guarantees for dairy formula feeds.

A. Animal classes— (I) Veal milk replacer—Milk replacer to be fed for veal production;

(II) Herd milk replacer—Milk replacer to be fed for herd replacement calves;

(III) Starter—Approximately three (3) days to three (3) months;

(IV) Growing heifers, bulls and dairy beef— (a) Grower 1—Three (3) months to twelve (12) months of age; and (b) Grower 2—More than twelve (12) months of age;

(V) Lactating dairy cattle; and (VI) Non-lactating dairy cattle.

B. Guaranteed analysis for veal and herd replacement milk replacer— (I) Minimum percentage of crude (II) Minimum percentage of crude (III) Maximum percentage of crude (IV) Minimum and maximum per- (V) Minimum percentage of phosphorus; and (VI) Minimum vitamin A, other C. Guaranteed analysis for dairy cattle complete feeds and supplements— (I) Minimum percentage of crude (II) Maximum percentage of equiv- (NPN) when added;

(III) Minimum percentage of crude (IV) Maximum percentage of crude (V) Maximum percentage of acid detergent fiber (ADF);

(VI) Minimum and maximum per- (VII) Minimum percentage of (VIII) Minimum selenium in ppm;

(IX) Minimum vitamin A, other D. Required guaranteed analysis for dairy mixing and pasture mineral— (I) Minimum and maximum per- (II) Minimum percentage of phos- (III) Minimum and maximum percentage of salt;

(IV) Minimum and maximum per- (V) Minimum percentage of magnesium;

(VI) Minimum percentage of potassium;

6CODE OF STATE REGULATIONS

(VII) Minimum selenium in ppm;

(VIII) Minimum vitamin A, other than the precursors of vitamin A, in International Units per pound.

5. Required guarantees for equine formula feeds.

A. Animal classes— (I) Foal;

(II) Mare;

(III) Breeding; and (IV) Maintenance.

B. Guaranteed analysis for equine (I) Minimum percentage of crude (II) Minimum percentage of crude (III) Maximum percentage of crude (IV) Minimum and maximum per- (V) Minimum percentage of phos- (VI) Minimum copper in ppm;

(VII) Minimum selenium in ppm;

(VIII) Minimum zinc in ppm; and (IX) Minimum vitamin A, other than the precursors of vitamin A, in International Units per pound (if added).

C. Guaranteed analysis for equine mineral feeds (all animal classes)— (I). Minimum and maximum per- (II) Minimum percentage of phos- (III) Minimum and maximum per- (IV) Minimum and maximum percentage of sodium shall be guaranteed only when the total sodium exceeds that furnished by the maximum salt guarantee;

(V) Minimum copper in ppm;

(VI) Minimum selenium in ppm;

(VII) Minimum zinc in ppm; and (VIII) Minimum vitamin A, other 6. Required guarantees for goat and sheep formula feeds.

A. Animal classes— (I) Starter;

(II) Grower;

(III) Finisher;

(IV) Breeder; and (V) Lactating.

B. Guaranteed analysis for goat and sheep complete feeds and supplements (all animal classes)— (I) Minimum percentage of crude (II) Maximum percentage of equiv- (NPN) when added;

(III) Minimum percentage of crude (IV) Maximum percentage of crude (V) Minimum and maximum per- (VI) Minimum percentage of phos- (VII) Minimum and maximum per- (VIII) Minimum and maximum (IX) Minimum and maximum copper in parts per million (ppm) (if added, or if total copper exceeds twenty (20) ppm);

(X) Minimum selenium in parts per million (ppm); and (XI) Minimum vitamin A, other 7. Required guarantees for duck and geese formula feeds.

A. Animal classes— (I) Ducks— (a) Starter—0 to 3 weeks of age;

(b) Grower—3 to 6 weeks of age;

(c) Finisher—6 weeks to market;

(d) Breeder developer—8 to 19 (e) Breeder—22 weeks to end of lay; and (II) Geese— (a) Starter—0 to 4 weeks of age;

(b) Grower—4 to 8 weeks of age;

(c) Finisher—8 weeks to market;

(d) Breeder developer—10 to 22 (e) Breeder—22 weeks to end of lay.

B. Guaranteed analysis for duck and geese complete feeds and supplements (for all animal classes)— (I) Minimum percentage of crude (II) Minimum percentage of crude (III) Maximum percentage of crude (IV) Minimum and maximum per- (V) Minimum percentage of phos- (VI) Minimum and maximum percentage of salt (if added); and (VII) Minimum and maximum pernished by the maximum salt guarantee.

8. Required guarantees for fish complete feeds and supplements.

A. Animal species shall be declared in lieu of animal class— (I) Trout;

(II) Catfish; and (III) Species other than trout or catfish.

B. Guaranteed analysis for all fish complete feeds and supplements— (I) Minimum percentage of crude (II) Minimum percentage of crude (III) Maximum percentage of crude fiber; and (IV) Minimum percentage of phosphorus.

9. Required guarantees for rabbit complete feeds and supplements.

A. Animal classes— (I) Grower—four (4) to twelve (12)

(II) Breeder—twelve (12) weeks of age and over.

B. Guaranteed analysis for rabbit (I) Minimum percentage of crude (II) Minimum percentage of crude (III) Minimum and maximum percentage of crude fiber (the maximum crude fiber shall not exceed the minimum by more than five (5.0) units);

(IV) Minimum and maximum per- (V) Minimum percentage of phos- (VI) Minimum and maximum per- (VII) Minimum and maximum pernished by the maximum salt guarantee; and (VIII) Minimum vitamin A, other 10. The required guarantees of grain mixtures with or without molasses and feeds other than those described in 2 CSR 70- 30.030(5)(A)–(C) shall include the following items, unless exempted in 2 CSR 70- 30.030(5)(C)11., in the order listed:

A. Animal class(es) and species for which the product is intended; and B. Guaranteed analysis— (I) Minimum percentage of crude (II) Maximum or minimum percentage of equivalent crude protein from nonprotein nitrogen (NPN) as required in 2 CSR 70-30.070;

(III) Minimum percentage of crude (IV) Maximum percentage of crude (V) Minerals in formula feeds, to include in the following order:

(a) Minimum and maximum per- (b) Minimum percentage of (c) Minimum and maximum per- (d) Minimum and maximum pernished by the maximum salt guarantee; and (e) Other minerals;

(VI) Minerals in feed ingredients— as specified by the official definitions of the Association of American Feed Control Officials;

(VII) Vitamins in such terms as specified in 2 CSR 70-30.040(3)(G).

(VIII) Total sugars as invert on dried molasses products or products being sold primarily for their sugar content;

(IX) Viable lactic acid producing microorganisms for use in silages in terms specified in 2 CSR 70-30.040(7); and (X) A commercial feed (e.g. vitamin/mineral premix, base mix, etc.) intended to provide a specialized nutritional source for use in the manufacture of other feeds, must state its intended purpose and guarantee those nutrients relevant to such stated purpose.

Article II of AAFCO’s “Criteria for Labeling Nutritional Indicators” is not applicable to the label guarantees for those specified commercial feeds.

11. Exemptions.

A. A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers is not required when— (I) The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or (II) The feed or feed ingredient is intended for non-food producing animals and contains less than six and one-half percent (6.5%) total mineral.

B. Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

C. Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

D. Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific label claims are made.

E. The indication for animal class(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species.

(6) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided.

(A) The name of each ingredient as defined in the Official Publicationof the American Association of Feed Control Officials, common or usual name, or one approved by the director.

(B) Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publicationof the Association of American Feed Control Officials in lieu of the individual ingredients, provided that— 1. When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label;

2. The manufacturer shall provide the feed control official, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state; and (C) The licensee may affix the statement, “Ingredients as filed with the state” in lieu of ingredient list on the label. The list of ingredients must be on file with the director. This list shall be made available to the feed purchaser upon request.

(7) Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required appear elsewhere on the label.

(8) Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address includes the street address, city, state, zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory. Only one (1) name and address is allowed per label.

(9) Quantity statement expressed as the numerical quantity in pounds with metric equivalent followed in parentheses; net volume (liquid or dry); or count.

Rescinded and readopted: Filed Nov. 25, 1997, effective June 30, 1998.

2 CSR 70-30.040 Expression of Guarantees {#sec-2-csr-70-30.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.040}

PURPOSE: This rule establishes what must be guaranteed and how the guarantees must be expressed.

(1) The guarantees for crude protein, equivalent crude protein from nonprotein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber will be in terms of percentage.

(2) Mineral Guarantees.

(A) When the calcium, salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following:

1. When the minimum is below two and one-half percent (2.5%), the maximum shall not exceed the minimum by more than onehalf (0.5) percentage point;

2. When the minimum is two and onehalf percent (2.5%) but less than five percent (5.0%), the maximum shall not exceed the minimum by more than one (1) percentage point; and 3. When the minimum is above five percent (5.0%) or greater, the maximum shall not exceed the minimum by more than twenty percent (20%) of the minimum and in no case shall the maximum exceed the minimum by more than five (5) percentage points.

(B) When stated, guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus and maximum fluoride shall be in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less 8CODE OF STATE REGULATIONS than ten thousand (10,000) ppm and in percentage when the concentration is ten thousand (10,000) ppm one percent (1%) or greater.

(C) Products labeled with a quantity statement (e.g., tablets, capsules, granules, or liquid) may state mineral guarantees in milligrams (mg) per units (e.g., tablets, capsules, granules, or liquids) consistent with the quantity statement and directions for use.

(3) Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and are stated in mg/lb. or in units consistent with those employed for the quantity statement unless otherwise specified— (A) Vitamin A, other than precursors of vitamin A, International Units per pound;

(B) Vitamin D-3, in products offered for poultry feeding, in International Chick Units per pound;

(C) Vitamin D for other uses, International Units per pound;

(D) Vitamin E, in International Units per pound;

(E) Concentrated oils and feed additive premixes containing vitamins A, D, and/or E may, at the option of the distributor, be stated in units per gram instead of units per pound;

(F) Vitamin B-12, in milligrams or micrograms per pound; and (G) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene.

(4) Guarantees for drugs shall be stated in terms of percent by weight except— (A) Antibiotics present at less than two thousand (2000) grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed;

(B) Antibiotics present at two thousand (2000) or more grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed;

(C) Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the federal food additive regulations, for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic;

(D) The term milligrams per pound may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions.

(5) Commercial feeds containing any added nonprotein nitrogen shall be labeled as follows:

(A) For ruminants— 1. Complete feeds, supplements and concentrates containing added nonprotein nitrogen and containing more than five percent (5%) protein from natural sources shall be guaranteed as follows: crude protein, minimum, ____% (This includes not more than ____% equivalent crude protein from nonprotein nitrogen);

2. Mixed feed concentrates and supplements containing less than five percent (5%) protein from natural sources may be guaranteed as follows: equivalent crude protein from nonprotein nitrogen, minimum ____%; and 3. Ingredient sources of nonprotein nitrogen such as urea, diammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic nonprotein nitrogen ingredients defined by the Association of American Feed Control Officials, shall be guaranteed as follows: nitrogen, minimum ____%; equivalent crude protein from nonprotein nitrogen, minimum, ____%; and (B) For nonruminants— 1. Complete feeds, supplements and concentrates containing crude protein from all forms of nonprotein nitrogen, added as such, shall be labeled as follows: crude protein, minimum, ____% (This includes not more than ____% equivalent crude protein which is not nutritionally available to (species of animal for which feed is intended)); and 2. Premixes, concentrates or supplements intended for nonruminants containing more than one and one-fourth percent (1.25%) equivalent crude protein from all forms of nonprotein nitrogen, added as such, must contain adequate directions for use and a prominent statement: WARNING: This feed must be used only in accordance with directions furnished on the label.

(6) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus and the maximum percentage of fluorine.

(7) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams or in colony forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

(8) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min. milligram. If two (2) or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

2 CSR 70-30.045 Suitability {#sec-2-csr-70-30.045 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.045}

PURPOSE: This rule establishes that a feed is labeled and suitable for a specific animal and class(es) of animal.

(1) The nutritional content of commercial feed shall be indicated by its labeling. Such animal feed, its labeling and intended use must be suitable for the intended purpose of the product.

(2) Commercial feeds for swine, poultry, and fish, and milk replacer for veal calves and herd replacement calves, when fed according to directions, must meet the nutritional requirements established by— (A) The committee on Animal Nutrition of the National Research Council of the National Academy of Sciences; or (B) A signed affidavit attesting to the nutritional adequacy of the feed based upon valid scientific evidence. Such affidavit shall be submitted to the director upon request.

1. An affidavit certifying the feed sponsor has valid scientific knowledge which assures suitability of the nutritional content of the feed product shall be submitted to the director only when the suitability of a product is challenged.

2. Submission of a completed “Affidavit of Suitability” shall serve as proof of suitability and therefore the feed sponsor shall not be required to provide scientific information nor any reference thereto unless the director has reason to believe that such product is not suitable for its intended use. In such case the director shall have the authority to conduct a hearing pursuant to the Administrative Procedures Act requiring the feed sponsor to produce sufficient scientific and other evidence on the product’s suitability.

3. Upon receipt of a completed “Affidavit of Suitability,” the feed sponsor may continue to market the product. When such affidavit is not adequately submitted, the director may continue to withdraw from distribution the feed and order its removal from the marketplace as well as all other feeds manufactured or distributed under the same product name.

4. The “Affidavit of Suitability” shall contain the following information:

A. The feed company’s name;

B. The feed’s product name;

C. The name and title of the affiant submitting the document;

D. The statement that the affiant has knowledge of the nutritional content of the listed feed product and is familiar with the nutritional requirements for the animal species and animal class(es) for which the product is intended as established by the National Research Council of the National Academy of Science;

E. The statement that the affiant has knowledge of valid scientific evidence that supports the suitability of the product for the intended animal species and animal class(es) for which the feed is intended;

F. The date of submission; and G. The signature of the affiant notarized by a certified notary public. 1997.* Original rule filed Nov. 17, 1997, *Original authority 1972, 1993, 1995, 1997.

2 CSR 70-30.050 Ingredients {#sec-2-csr-70-30.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.050}

PURPOSE: This rule establishes uniform and complete labeling of all constituents in a feed, according to language and quality restrictions adopted by theOfficial Publicationof American Feed Control Officials.

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in the official definitions of feed ingredients as published annually in the Official Publicationof the Association of American Feed Control Officials, the common or usual name, or one approved by the director.

(2) The name of each ingredient must be shown in letters or type of the same size.

(3) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

(4) The term dehydrated may precede the name of any products that have been artificially dried.

(5) A single ingredient product as established by 2 CSR 70-30.015, is not required to have an ingredient statement.

(6) Tentative definitions for ingredients, as established in 2 CSR 70-30.015, shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition (for example, sugar).

(7) When the word iodized is used in connection with a feed ingredient, the feed ingredient shall contain not less than seven thousandths percent (0.007%) iodine, uniformly distributed.

2 CSR 70-30.055 Chemically Modified Wood Particles {#sec-2-csr-70-30.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.055}

(Rescinded June 30, 1998)

Supp. 1993.* Original rule filed March 9, 1977, effective June 11, 1977. Rescinded:

History

• AUTHORITY: section 266.195, RSMo Cum.

2 CSR 70-30.060 Directions for Use and Precautionary Statements {#sec-2-csr-70-30.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.060}

PURPOSE: This rule establishes when a direction for use or precautionary statement must appear on the label.

(1) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives or nonnutritive additives, shall— (A) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of those articles; and (B) Include, but not be limited to, all information prescribed by all applicable regulations as established by Federal Food, Drug and Cosmetic Act.

(2) Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in 2 CSR 70-30.070.

(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral or other dietary nutrient or compound.

2 CSR 70-30.070 Nonprotein Nitrogen {#sec-2-csr-70-30.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.070}

PURPOSE: This rule defines use limitations and correct labeling procedures for nonprotein nitrogen.

(1) Urea and other nonprotein nitrogen products defined in 2 CSR 70-30.015 are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than eight and three-fourths percent (8.75%) of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third (1/3) of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: CAUTION: USE AS DIRECTED. The directions for use and the caution statement shall be in type of a size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

(2) Nonprotein nitrogen products defined in 2 CSR 70-30.015, when so indicated, are acceptable ingredients in commercial feeds distributed to nonruminant animals as a source of nutrient other than equivalent crude 10CODE OF STATE REGULATIONS protein. The maximum equivalent crude protein from nonprotein nitrogen sources, when used in nonruminant rations, shall not exceed one and one-fourth percent (1.25%) of the total daily ration.

(3) On labels such as those for medicated feeds which bear adequate feeding directions, warning statements or both, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of the product due to the presence of nonprotein nitrogen.

2 CSR 70-30.080 Drug and Feed Additives {#sec-2-csr-70-30.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.080}

PURPOSE: This rule defines limitations for use and labeling of nonnutritive feed additives.

(1) Prior to approval of a label for commercial feed which contains additives (including drugs, other special purpose additives or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(2) Satisfactory evidence of safety and efficacy of a commercial feed may be— (A) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are prior “sanctioned”, or “informal review sanctioned” or “generally recognized as safe” for that use; or (B) When the commercial feed is itself a drug as defined in section 266.160(9), RSMo and generally is recognized as safe and effective for the label use or is marketed subject to an application approved by the Food and Drug Administration under Title 21 U.S.C., 360(b); or (C) When one (1) of the purposes for feeding a commercial feed is to impart immunity (that is to act through some immunological process) the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended; or (D) When the commercial feed is a direct fed microbial product and— 1. The product meets the particular fermentation product definition; and 2. The microbial content statement, as expressed in the labeling, is limited to the following: “Contains a source of live (viable) naturally occurring microorganisms.” This statement shall appear on the label; and 3. The source is stated with a corresponding guarantee expressed in accordance with 2 CSR 70-30.040(7); or (E) When the commercial feed is an enzyme product and— 1. The product meets the particular enzyme definition defined by the Association of American Feed Control Officials; and 2. The enzyme is stated with a corresponding guarantee expressed in accordance with 2 CSR 70-30.040(8).

2 CSR 70-30.085 A List of Drug and Feed Additives {#sec-2-csr-70-30.085 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.085}

PURPOSE: This rule provides a list of substances that may be used as drugs or feed additives. In addition, this list allows consistent formulation between the Missouri Commercial Feed Law and most other states.

(1) 21 Code of Federal Regulations, parts 500-599, is a listing of those drugs and feed additives approved for use in interstate commerce in animal feeds. The purpose of the publication is to show what substances have been recognized as safe and to acknowledge the effectiveness of those substances for which claims are made. 1997.* Original rule filed Aug. 16, 1976, effective Nov. 11, 1976. Amended: Filed May 13, 1986, effective Sept. 1, 1986, Amended:

2 CSR 70-30.090 Adulterants {#sec-2-csr-70-30.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.090}

PURPOSE: This rule defines and limits some specific adulterants included in section 266.180, RSMo.

(1) For the purpose of section 266.180(1), RSMo, the term “poisonous or deleterious substances” include, but are not limited to, the following:

(A) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which fluorine exceeds twenty hundredths percent (0.20%) for breeding and dairy cattle, thirty hundredths percent (0.30%) for slaughter cattle, thirty hundredths percent (0.30%) for sheep, thirty-five hundredths percent (0.35%) for lambs, forty-five hundredths percent (0.45%) for swine and sixty hundredths percent (0.60%) for poultry;

(B) Fluorine-bearing ingredients when used in those amounts so that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: four thousandths percent (0.004%) for breeding and dairy cattle, nine thousandths percent (0.009%) for slaughter cattle, six thousandths percent (0.006%) for sheep, one hundredth percent (0.01%) for lambs, fifteen thousandths percent (0.015%) for swine and three hundredths percent (0.3%) for poultry;

(C) Fluorine-bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without) limited amounts of grain, that results in a daily fluorine intake in excess of fifty milligrams (50 mg) of fluorine per one hundred pounds (100 lbs.) of body weight;

(D) Soybean meal, flakes or pellets, or other vegetable meals, flakes or pellets which have been extracted with trichloroethylene or other chlorinated solvents; and (E) Sulfur dioxide, sulfurous acid and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B-1 (thiamine).

(2) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of those weed seeds so that the finished product contains no viable prohibited weed seeds and not more than one-half percent (0.5%) viable noxious weed seeds. effective Feb. 1, 1975. Amended: Filed May, 13, 1986, effective Sept. 1, 1986. Amended:

2 CSR 70-30.100 Good Manufacturing Practices {#sec-2-csr-70-30.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.100}

PURPOSE: This rule establishes manufacturing practices which will permit correct mixing and labeling of medicated feeds.

rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

(1) For the purpose of enforcement of section 266.180(4), RSMo, the director adopts the following as current good manufacturing practices:

(A) The regulations prescribing good manufacturing practices for Type B and Type C medicated feeds as published in the Code of Federal Regulations Title 21 part 225 sections 225.1–225.202; and (B) The regulations prescribing good manufacturing practices for Type A medicated articles as published in the Code of Federal RegulationsTitle 21 part 226 sections 226.1–226.115.

History

• PUBLISHER'S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this

2 CSR 70-30.105 Analytical Methods {#sec-2-csr-70-30.105 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.105}

(Rescinded June 30, 1998) 1993.* Original rule filed April 16, 1990, effective Sept. 28, 1990. Rescinded: Filed Nov. 17, 1997, effective June 30, 1998.

2 CSR 70-30.110 Assessment of Administrative Penalties {#sec-2-csr-70-30.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.110}

PURPOSE: This rule defines the terms and/or conditions under which an administrative penalty can be assessed by the director upon a violator under section 266.212(1), RSMo.

(1) The director may assess an administrative penalty, not to exceed one thousand dollars ($1,000) for each serious violation, upon a person under authority of section 266.212, RSMo. An order assessing the administrative penalty shall state the statute under which the penalty is being sought, the manner of collection, and the right of appeal.

(2) A serious violation is defined as, but is not necessarily limited to, the following conditions:

(A) The manufacturing or distributing of any adulterated or misbranded commercial feed that is hazardous to the health and well being of animals and/or humans, within the meaning of sections 266.175 and 266.180, RSMo;

(B) Excessive and/or repeated failures to meet labeling guarantees when such failures would create adverse economic impact to the purchaser of the feed; or (C) The removal, sale, or distribution of any commercial feed placed under a “Withdrawal from Distribution Order” without permission of the director or an authorized representative.

(3) Upon determination of a serious violation, an official compliance letter shall be sent to the person containing a description of the serious violation and a notification that if the violation has not been corrected within the ninety- (90-) day compliance period, an order assessing an administrative penalty may be issued.

(4) An administrative penalty, not to exceed one thousand ($1,000) dollars per serious violation, will be ordered by the director based on the following factors:

(A) The level of adulteration or misbranding, within the meaning of sections 266.175 and 266.180, RSMo;

(B) The degree of resulting physical injury, loss of health, or death to animals and/or humans;

(C) The degree of adverse economic impact to the purchaser caused by the violation; and/or (D) The overall compliance record of the person.

History

• AUTHORITY: section 266.195, RSMo 2000. Original rule filed Nov. 17, 1997, effective June 30, 1998. Amended: Filed March 8, 2012, effective Sept. 30, 2012.

2 CSR 70-30.115 Processed Animal Waste Products as Animal Feed Ingredients {#sec-2-csr-70-30.115 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-30.115}

PURPOSE: This rule establishes the requirements that must be met before recycled animal waste products can be used as commercial feed in the state.

(1) The required sampling, testing, records, warning statements, terms, and definitions are published in the current Association of American Feed Control Officials Official Publicationconcerning recycled animal waste products.

(2) The following definitions apply to recycled animal waste products manufactured, labeled, and distributed only in the state of Missouri:

(A) Dried poultry waste, high ash—means a processed animal waste product composed primarily of feces from commercial poultry, which has been thermally dehydrated to a moisture content not in excess of fifteen percent (15%). It shall contain not less than eighteen percent (18%) crude protein, and not more than seventeen percent (17%) crude fiber, forty-five percent (45%) ash, and one percent (1%) feathers on a dry matter basis.

Percentage guarantees for maximum acid detergent fiber and maximum ash must be given on the feed label, plus feeding directions. The feeding directions shall limit the inclusion of the animal waste to contributing not more than ten percent (10%) ash in the animal’s final diet by weight on a dry matter

basis. If total digestible nutrients (TDN) or calorie contents are claimed, the factors for determining them must be those established by rule and such claims must be limited to the ingredient only; and (B) Dried poultry litter, high ash—means a processed animal waste product composed of a processed combination of feces from commercial poultry together with litter that was present in the floor production of poultry, which has been dehydrated to a moisture content not in excess of fifteen percent (15%). It shall contain not less than eighteen percent (18%) crude protein, and not more than twenty-eight percent (28%) crude fiber, twenty-nine percent (29%) ash, and four percent (4%) feathers on a dry matter basis.

Percentage guarantees for maximum acid detergent fiber and maximum ash shall be given on the label, plus feeding directions.

The feeding directions shall limit the inclusion of the animal waste to contributing not more than ten percent (10%) ash in the animal’s final diet by weight on a dry matter 12CODE OF STATE REGULATIONS

basis. If TDN or calorie contents are claimed, the factors for determining them must be those established by rule and such claims must be limited to the ingredient only.

History

• AUTHORITY: section 266.195, RSMo 2000. Original rule filed Nov. 17, 1997, effective June 30, 1998. Amended: Filed March 8, 2012, effective Sept. 30, 2012.

Chapter 31 Pet Food

2 CSR 70-31.025 Nutritional Standards as a Guide to Use in Labeling Pet Foods AGRICULTURE {#sec-2-csr-70-31.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.025}

2 CSR 70-31.010 Definitions and Terms {#sec-2-csr-70-31.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.010}

PURPOSE: This rule describes terms used in regulating pet foods.

(1) Principal display panel—The part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

(2) Ingredient statements—A collective and contiguous listing on the label of the ingredients of which the pet food is composed.

(3) Immediate container—The unit, can, box, tin, bag or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

(1986). Original rule filed Jan. 16, 1975, effective Feb. 1, 1975.

2 CSR 70-31.020 Pet Food Label Format and Labeling {#sec-2-csr-70-31.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.020}

PURPOSE: This rule specifies the information required on the label.

1. Association of American Feed Control Officials, 1995 Officials Publication Officials Incorporated(Atlanta, GA:

Georgia Department of Agriculture Plant Food, Feed and Grain Division, 1995);

2. Office of the Federal Register National Archives and Records Administration, Code of Federal Regulations Title 21 part 501 (Washington: U.S. Government Print Office 1995).

(1) The quantity statement and product name must be shown on the principal display panel.

All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.

(2) The quantity statement shall be made in conformity with the 2 CSR 70-31.024.

(3) The information which is required to appear in the Guaranteed Analysis shall be listed in the following order:

(A) Crude protein (minimum percentage);

(B) Crude fat (minimum percentage);

(C) Crude fiber (maximum percentage);

(D) Moisture (maximum percentage); and (E) Additional guarantees shall follow moisture.

(4) The label of a pet food shall specify the name and address of the manufacturer, packer or distributor of the pet food. The statement of a place of business should include the street address, if any, of that place unless the street address is shown in a current city directory or telephone directory.

(5) If a person manufactures, packages or distributes a pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food was manufactured or packaged or is to be distributed if the statement is not misleading in any particular.

(6) A vignette, graphic or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

(7) The use of the word “proven” in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as “proven” is available.

(8) No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.

(9) Personal or commercial endorsements are permitted on pet food labels where the endorsements are factual and not otherwise misleading.

(10) When a pet food is enclosed in an outer container or wrapper which is intended for retail sale, all required label information must appear on the outside wrapper or container.

(11) The word “dog food,” “cat food” or similar designations must appear conspicuously upon the principal display panels of the pet food labels.

(12) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food contained, or a recommended feeding of the pet food is, or meets the requisites of, a complete, perfect, scientific or balanced ration for dogs or cats unless the product or feeding contains— (A) Ingredients in quantities sufficient to meet the nutrient requirements for all life stages established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other AAFCO-recognized authority on animal nutrition; or (B) A combination of ingredients which, when fed to a normal animal as the only source of nourishment, in accordance with the testing procedures established by AAFCO, meets the criteria of such testing procedures for all life stages.

(13) Labels for products which are compounded for or which are suitable for only a limited purpose (for example, a product designed for the feeding of puppies) may contain representations that the pet food product, or recommended feeding is, or meets the requisites of, a complete, perfect scientific or balanced ration for dogs or cats only— (A) In conjunction with a statement of the limited purpose for which the product is intended or suitable (as for example, in the statement a complete food for puppies).

These representations and required qualifications shall be juxtaposed on the same panel and in the same size, style and color print; and (B) Qualified representations may appear on pet food labels only if— 1. The pet food contains ingredients in quantities sufficient to meet the nutrient requirements established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other AAFCO-recognized

(14) Except as specified by 2 CSR 70-31.030, the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that this ingredient is present in the product in a larger amount than is the fact, shall constitute at least three percent (3%) of the total ingredients (exclusive of water sufficient for processing) when preceded by the designation “with” or like term, shall be in the same size, style, and color print and if the names of more than one (1) such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

(15) The label of a dog or cat food (other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under section (11)) shall bear, on either the principal display panel or the information panel (as those terms are defined in 21 Code of Federal Regulations 501.1 and 501.2 respectively), in type of a size reasonably related to the largest type on the panel, a statement of the nutritional adequacy or purpose of the product.

This statement shall consist of one (1) of the following:

(A) A claim that the pet food meets the requirements of one (1) or more of the recognized categories of nutritional adequacy: gestation, lactation, growth, maintenance and complete for all life stages, as those categories are set forth in sections (12) and (13).

The claim shall be stated as one (1) of the following:

1. (Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for _______. (Blank is to be completed by using the stage(s) of the pet’s life, such as, gestation, lactation, growth, maintenance or the words “All Life Stages.”)

2. Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for ______. (Blank is to be completed by using the stage(s) of the pet’s life tested, such as, gestation, lactation, growth, maintenance or the words “All Life Stages.”)

(B) A nutrition or dietary claim for purposes other than those listed in sections (12) and (13) if the claim is scientifically substantiated;

(C) The statement: “Use only as directed by your veterinarian,” if it is a pet food product intended for use by or under the supervision or direction of a veterinarian and shall make a statement in accordance with subsection 15(A) or (15)(D).

(D) The statement: “The product is intended for intermittent or supplemental feeding only,” if a product does not meet either the requirements of sections (12) and (13) or any other special nutritional or dietary need and so is suitable only for limited, intermittent or supplementary feeding.

(16) The use of claims on pet food labels stating improvement or newness shall be sufficiently substantiated by the manufacturer and limited to six (6) months production. The use of claims stating preference or comparative attribute claims shall be sufficiently substantiated by the manufacturer and limited to one (1) year production after which the claim must be removed or resubstantiated.

(17) Dog and cat foods labeled as complete and balanced for any or all life’s stages as provided in subsection (15)(A) except those pet foods labeled in accordance with subsection (15)(C) shall list feeding directions on the product label. These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum, state “Feed (weight/unit of product) per (weight unit) of dog (or cat).”

1976. Amended: Filed May 13, 1986, Oct. 20, 1995, effective June 30, 1996.

History

• authority on animal nutrition, for such limited or qualified purpose; or 2. The pet food product contains a combination of ingredients which when fed for limited purpose will satisfy the nutrient requirements for that limited purpose and has had its capabilities in this regard demonstrated by adequate testing.

2 CSR 70-31.024 Declaring Net Contents {#sec-2-csr-70-31.024 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.024}

PURPOSE: This rule standardizes packaging and labeling of contents consistent with the Association of American Feed Control Officials and other states.

(1) The listing of net contents shall be last on the principal display panel of a pet food container. The listing of net contents in all other regards, i.e., style of lettering, color contrast, free area, parallel quantity, calculation of area of principal display panel for purposes of type size, minimum height of numbers and letters, and numbers and letters proportion, shall comply with 2 CSR 90-22.140 of the Missouri Law Governing Weights and Measures and Weighting and Measuring Devices.

(Supp. 1995).* Original rule filed Aug. 16, 1976, effective Nov. 11, 1976.

Rescinded and readopted: Filed Oct. 20, 1995, effective June 30, 1996.

2 CSR 70-31.025 Nutritional Standards as a Guide to Use in Labeling Pet Foods {#sec-2-csr-70-31.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.025}

(Rescinded June 30, 1996)

2 CSR 70-31.030 Pet Food Brand and Product Names {#sec-2-csr-70-31.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.030}

PURPOSE: This rule sets limits on advertising used in a pet food name.

(1) No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method or is one of which the presence provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor.

The word flavor shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term(s) from which the flavor designation is derived.

Distributors of pet food employing this flavor designation or claims on the labels of the product distributed by them, upon request, shall supply verification of the designated or claimed flavor to the appropriate control official.

(2) The designation “100%” or “All” or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one (1) ingredient. However, for the purpose of this provision, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

(3) The term “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat byproducts are from cattle, swine, sheep and/or goats. An example would be horse meat and horse meat by-products.

(4) The name of the pet food shall not be derived from one (1) or more ingredients of a mixture of a pet food product unless all components or ingredients are included in the name except as specified by 2 CSR 70-31.030 (1), (5) or (6); provided, that the name of an ingredient or combination of ingredients may be used as a part of the product name if— (A) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser;

(B) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or 4CODE OF STATE REGULATIONS (5/31/98) Rebecca McDowell Cook (C) It is not otherwise false or misleading.

(5) When an ingredient or a combination of ingredients derived from animals, poultry or fish constitutes ninety-five percent (95%) or more of the total weight of all ingredients of a pet food mixture, the name or names of these ingredient(s) may form a part of the product name of the pet food; provided, that where more than one (1) ingredient is part of the product name then all these ingredient names shall be in the same size, style and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient(s). However, the named ingredient(s) shall constitute at least seventy percent (70%) of the total product.

(6) When an ingredient or combination of ingredients constitutes at least twenty-five percent (25%) but less than ninety-five percent (95%) of the total weight of all ingredients of a dog or cat food mixture, the name(s) or names of the ingredient(s) may form a part of the product name of the pet food if each of the ingredients constitute at lease three percent (3%) of the product weight excluding water used for processing and only if the product name also includes a primary descriptive term, such as “dinner,” “platter” or similar designations, so that the product name describes the contents of the product in accordance with an established law, custom or usage or so that the product name is not misleading. If the names of more than one (1) such ingredient are shown they shall appear in the order of their respective predominance by weight in the product. All such ingredient names and the primary descriptive terms shall be in the same size, style and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient(s). However, such named ingredient(s) shall constitute at least ten percent (10%) of the total product.

(7) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with 2 CSR 70-31.030(1), (4), (5) or (6).

Filed May, 13, 1986, effective Sept. 1, 1986. Amended: Filed Oct. 20, 1995, effective June 30, 1996.

2 CSR 70-31.040 Expression of Guarantees in a Pet Food {#sec-2-csr-70-31.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.040}

PURPOSE: This rule establishes a uniform method of expressing guarantees.

1. Association of American Feed Control Officials, 1995 Official Publication Officials Incorporated(Atlanta, GA:

Georgia Department of Agriculture Plant Food, Feed and Grain Division, 1995).

(1) The sliding scale method of expressing a guaranteed analysis (for example protein 15— 18%) is prohibited.

(2) Pursuant to section 266.170(1)(c), RSMo the label of a pet food which is formulated as, and represented to be, a mineral supplement shall include in the guaranteed analysis the minimum and maximum percentages of calcium, the minimum percentage of phosphorus and the minimum and maximum percentages of salt. The minimum content of all other essential nutrient elements recognized by the AAFCO Dog or Cat Food Nutrient Profile or other AAFCO-recognized nutrient profile from sources declared in the ingredient statement shall be expressed as the element and units specified in the recognized nutrient profile. Products labeled as per rule 2 CSR 70- 31.020(2) may express the mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules, granules or liquids) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fl. oz. = 28 grams).

(3) Vitamins guaranteed on pet food labels shall be stated in International Units per kilogram (IU/kg) for vitamins A, D, and E. All other vitamins shall be stated in milligrams per kilogram (mg/kg) except vitamin B which may be guaranteed in micrograms per kilogram (μg/kg).

(4) The label of a pet food which is formulated as and represented to be a vitamin supplement shall include a guarantee for the minimum content of each vitamin declared in the ingredient statement. Vitamin guarantees shall be expressed as per rule 2 CSR 70- 31.040(3). Products labeled as per rule 2 CSR 70-31.020(2) may express the vitamin guarantees in approved units (e.g., IU, mg, g) per unit (e.g., tablets, capsules, granules or liquids) consistent with those employed in the quantity statement and directions for use.

Liquids expressed as volume must also list a weight equivalent (e.g., 1 fl. oz. = 28 grams).

(5) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by AAFCOrecognized animal nutrition authority, this comparison may be stated in the units of measurement used in the AAFCO Dog or Cat Food Nutrient Profiles. The statement in a table of comparison of the vitamin, mineral or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. The table of comparison may appear on the label separate and apart from the guaranteed analysis.

(6) The use of percentages or words of similar import when referring to nutrient levels established by the AAFCO Dog or Cat Food Nutrient Profile or other recognized nutrient profile shall not be permitted on pet food labels, except that such direct comparisons in whole or part of the individual nutrient contents of a pet food with those recommended by the recognized nutrient profile may be made where the comparisons are expressed in the same quantitative units as those used by the cited nutrient profile and— (A) The product in question meets the nutrient profile recommended by the authority; and (B) The comparison is preceded by a statement to that effect.

1976. Amended: Filed May 13, 1986, Oct. 20, 1995, effective June 30, 1996.

2 CSR 70-31.050 Ingredients {#sec-2-csr-70-31.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.050}

PURPOSE This rule establishes uniform terms of expressing ingredients and to set standards of acceptance.

(1) The maximum moisture in all pet foods shall be guaranteed and shall not exceed seventy-eight percent (78%) or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods, such as those consisting principally of stew, gravy, sauce, broth, juice or a milk replacer, which are so labeled may contain moisture in excess of seventy-eight percent (78%).

(2) Each ingredient of the pet food shall be listed in the ingredient statement and names of all ingredients in the ingredient statement must be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in nonquantitative terms may be misleading. Any ingredient for which the Officials, 2 CSR 70-30.015 has established a name and definition shall be identified by the established name. Any ingredient for which no name and definition has been established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.

(3) The term “dehydrated” may precede the name of any ingredient in the ingredient list that has been artificially dried.

(4) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a pet food.

(5) A reference to the quality, nature, form or other attribute of an ingredient shall not be made unless that designation is accurate and unless the ingredient imparts a distinctive characteristic to the pet food because it possesses that attribute.

(1994).* Original rule filed Jan. 16.

1976. Amended: Filed May 13, 1986, Oct. 20, 1995, effective June 30, 1996.

2 CSR 70-31.060 Directions For Use of a Pet Food {#sec-2-csr-70-31.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.060}

(Rescinded June 30, 1996)

2 CSR 70-31.070 Drug and Pet Food Additives {#sec-2-csr-70-31.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.070}

PURPOSE: This rules sets limits on the additives that may be used.

1. Office of the Federal Register National Archives and Records Administration, Code of Federal Regulations Title 21 (Washington: U.S. Government Printing Office, 1995); and 2) Office of the Law Revision Counsel of the House of Representatives, U.S. Code Title 21, 360(b) (Washington: U.S. Government Printing Office, 1995).

(1) An artificial color may be used in a pet food only if it has been shown to be harmless to pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Regulations, 2 CSR 70-30.085, as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to these regulations, harmless to pets.

(2) Prior to approval of a registration application and/or approval of a label for pet food, which contains additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the pet food, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food may be— (A) When the pet food contains these additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, 2 CSR 70-30.085, or which are “prior sanctioned” or “Generally Recognized As Safe” for such use; or (B) When the pet food itself is a drug as defined in section 266.160(7), RSMo and is generally recognized as safe and effective for label use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 360(b) 2 CSR 70-30.085; and (C) The medicated labeling format recommended by the Association of American Feed Control Officials, 2 CSR 70-30.020 shall be used to assure that adequate labeling is provided. 1975, effective Feb. 1, 1975.

Amended: Filed Sept. 15, 1976, effective Dec. 11, 1976. Amended: Filed May 13, 1986, effective Sept. 1, 1986.

Amended: Filed Oct. 20, 1995, effective June 30, 1996.

2 CSR 70-31.080 Statements of Calorie Content {#sec-2-csr-70-31.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.080}

PURPOSE: This rule permits a declaration of calorie content to provide better information to pet food purchasers.

(1) The label of a dog or cat food may bear a statement of calorie content, provided— (A) The statement shall be separate and distinct from the “Guaranteed Analysis” and shall appear under the heading “Calorie Content”; and (B) The statement shall be measured in terms of metabolizable energy (ME) on an as-fed basis and must be expressed as kilocalories per kilogram (kcal/kg) of product, and may also be expressed as kilocalories per familiar household measure (e.g., cups, cans, ounces, pounds); and (C) An affidavit shall be provided upon request by the director, substantiating that the calorie content was determined— 1. By calculation using the following “Modified Atwater” formula:

ME (kcal/kg) = 10[(3.5 × CP)

+(8.5 × CF)+(3.5 × NFE)] where—CP = % crude protein as fed CF = % crude fat as fed NFE = % nitrogen-free extract (carbohydrate) as fed and the percentages of CP and CF are the arithmetic averages from proximate analyses of at least four (4) production batches of the product, and the NFE is calculated as the difference between one hundred (100) and the sum of CP, CF and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF). The results of all the analyses used in the calculation must accompany the affidavit, and the claim on the label or other labeling must be followed parenthetically by the word “calculated”; or 2. In accordance with a testing procedure established by the Association of American Feed Control Officials. The summary data used in the determination of calorie content must accompany the affidavit.

The value stated on the label shall not exceed or understate the value determined in accordance with 2 CSR 70-31.080(1)(C)1. by more than fifteen percent (15%).

6CODE OF STATE REGULATIONS

(5/31/98) Rebecca McDowell Cook (D) Comparative claims shall not be false, misleading or given undue emphasis and must be based on the same methodology for both products. 1994.* Original rule filed Oct. 20, 1995, effective June 30, 1996.

2 CSR 70-31.090 Descriptive Terms {#sec-2-csr-70-31.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-31.090}

PURPOSE: This rule defines calorie and fat terms used in the labeling of pet food in order to be consistent with the labeling laws of other states.

(1) Calorie Terms.

(A) “Light.”

1. Dog food products bearing the terms “light,” “lite,” “low calorie,” or words of similar designation shall contain and state on the label no more than 3100 kcal ME/kg for products containing less than twenty percent (20%) moisture, no more than 2500 kcal ME/kg for products containing twenty percent (20%) or more but less than sixty-five percent (65%) moisture, and no more than 900 kcal ME/kg for products containing sixty-five percent (65%) or more moisture.

The label shall bear a calorie content statement in accordance with the format provided in 2 CSR 70-31.080. Feeding directions shall reflect a reduction in calorie intake consistent with the intended use.

2. Cat food products bearing the terms “light,”“lite,” “low calorie,” or words of similar designation shall contain and state on the label no more than 3250 kcal ME/kg for products containing less than twenty percent (20%) moisture, no more than 2650 kcal ME/kg for products containing twenty percent (20%) or more but less than sixty-five percent (65%) moisture, and no more than 950 kcal ME/kg for products containing sixty-five percent (65%) or more moisture.

The label shall bear a calorie content statement in accordance with the format provided in 2 CSR 70-31.080. Feeding directions shall reflect a reduction in calorie intake consistent with the intended use.

(B) “Less” or “Reduced Calories.”

1. For dog or cat food product labels bearing a claim of “less calories,” “reduced calories,” or words of similar designation, the percentage of reduction and the product of comparison shall be explicitly stated and juxtaposed with the claim in the same size, style, and color print. The product label shall also bear a calorie content statement in accordance with the format provided in 2 CSR 70- 31.080. Comparisons between products in different categories of moisture content less than twenty percent (20%), twenty percent (20%) or more but less than sixty-five percent (65%), sixty-five percent (65%) or more are misleading. Feeding directions shall reflect a reduction in calories compared to feeding directions for the product of comparison.

(2) Fat Terms.

(A) “Lean.”

1. Dog food product labels bearing the terms “lean,” “low fat,” or words of similar designation shall contain and guarantee on the label no more than nine percent (9%) crude fat for products containing less than twenty percent (20%) moisture, no more than seven percent (7%) crude fat for products containing twenty percent (20%) or more but less than sixty-five percent (65%) moisture, and no more than four percent (4%) crude fat for products containing sixty-five percent (65%) or more moisture. The product label shall bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in 2 CSR 70-31.020(3).

2. Cat food products bearing the terms “lean,” “low fat,” or words of similar designation shall contain and guarantee on the label no more than ten percent (10%) crude fat for products containing less than twenty percent (20%) moisture, no more than eight percent (8%) crude fat for products containing twenty percent (20%) or more but less than sixty-five percent (65%) moisture, and no more than five percent (5%) crude fat for products containing sixty-five percent (65%) or more moisture. The product label shall bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in 2 CSR 70-31.020(3).

(B) “Less” or “Reduced Fat.”

1. For dog or cat food labels bearing a claim of “less fat,” “reduced fat,” or words of similar designation, the percentage of reduction and the product of comparison shall be explicitly stated and juxtaposed with the claim in the same size, style, and color print.

The product label shall also bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in 2 CSR 70-31.080.

Comparisons between products in different categories of moisture content less than twenty percent (20%), twenty percent (20%) or more but less than sixty-five percent (65%), sixty-five percent (65%) or more are misleading.

History

• AUTHORITY: section 266.195, RSMo Supp. 1997. Original rule filed Nov. 17, 1997, effective June 30, 1998. Original authority 1972, amended 1993, 1995, 1997.

Chapter 35 Seed Regulation

2 CSR 70-35.010 Definitions {#sec-2-csr-70-35.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.010}

PURPOSE: This rule designates what plants’ seeds are agricultural seeds for labeling purposes and also designates restricted weed seeds. Both agricultural seed and restricted weed seeds content must be declared on the label to comply with the statute, but the seed of plants making up these lists are not specified by statute.

(1) Agricultural Seeds. Agricultural seeds will be those listed as agricultural seeds in the Federal Seed Act, 7 CFR Section 201.2(h), January (1976).

(2) Restricted Weed Seeds.

(A) Prohibited Weed Seeds. The seeds of the following plants: balloon vine (Cardiospermum halicacubum), Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), Johnson grass (Sorghum halepense), musk thistle (Carduus nutans), serrated tussock (Nassella trichotoma) and sorghum almum (Sorghum almum).

(B) Noxious Weed Seeds. The seeds of the following plants: plants commonly known as docks of the Rumex species (red sorrel, curly dock, etc.), dodders (Cuscuta species), buckhorn (Plantago lanceolata), eastern black night-shade (Solanum ptycanthum), giant foxtail (Setarai faberi), hedge bindweed (Convolvulus sepium), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), purple moonflower (Ipomoea muricata), quackgrass (Elymus repens), Russian thistle (Salsola pestifer), slender oats (Avena barbata), wild garlic (Allium vineale), wild oats (Avena fatua), wild onion (Allium canadense) and yellow star thistle (Centaurea solstitialis) are designated as noxious and are subject to listing on seed labels according to the requirements of the Missouri Seed Law, sections 266.011 to 266.111, RSMo.

(3) Hermetically-Sealed Container. A hermetically-sealed container does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per twenty-four (24) hours per one hundred (100) square inches of surface at one hundred degrees Fahrenheit (100° F) with a relative humidity (RH) on one (1) side of ninety percent (90%) and on the other side of zero percent (0%). Water vapor penetration (WVP) is measured by the standards of the United States Bureau of Standards as—gm water/24 hr./100 sq. in./100 F/90% RH v.

0% RH.

(4) Percentage of Germination. The label claim for percent of germination shall be the result of a test of any lot of seed which has been sampled according to and analyzed by the Rules for Testing Seed, (Vol. 6, No. 2, 1981, Rev. 1984), Association of Official Seed Analysts.

Rescinded and readopted: Filed Sept. 28, 1979, effective March 13, 1980. Amended:

Filed Jan. 17, 1986, effective May 1, 1986.

Emergency amendment filed Feb. 1, 1989, effective Feb. 11, 1989, expired June 11, 1989. Amended: Filed March 1, 1989, effective June 12, 1989. Amended: Filed Sept. 16, 1991, effective Jan. 13, 1992. Amended:

Filed June 14, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 266.091, RSMo 2016. June 14, 1977, effective Sept. 11, 1977.

2 CSR 70-35.020 Seed Labeling Requirements {#sec-2-csr-70-35.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.020}

PURPOSE: This rule clarifies permitted ways in which to label noxious weed seed content, requires a complete address of the seed labeler, sets forth labeling requirements for vegetable seed below standard in germination, sets vegetable seed germination standards, requires the purity percentages of seed labeling to equal one hundred percent, requires that labeling information on the seed label be put in a set format, forbids advertising matter on a seed label, forbids extraneous information on a seed label, requires some indication of not for sale on unlabeled seed stored in sales outlets and makes the seed owner responsible for the labeling of bulk and opened bags of seed.

(1) Labeling Seed as to Noxious Weed Seed Content. Noxious weed seed content must be labeled in one (1) of the three (3) following ways:

(A) None—meaning no noxious weed seed is present;

(B) Not in excess of _______ per pound or per 100 grams. The blank is to be filled by a number given in this subsection for that kind of agricultural seed. Example: Timothy—Not in excess of 80 noxious weed seeds per pound or Not in excess of 18 noxious weed seeds per 100 grams.

Noxious Weed Seed Content Allowed by This Choice of Labeling Agricultural Seed (per pound) (per 100 grams)

Agrostis species 80 18 Poa species 80 18 Bermuda grass 80 18 Timothy 80 18 Orchard grass 80 18 Fescues (except meadow and tall) 80 18 Alside and white clover 80 18 Reed canary grass 80 18 Ryegrasses 48 11 Meadow and tall fescues 48 11 Millets 48 11 Alfalfa 48 11 Red clover 48 11 Sweet clovers 48 11 Lespedezas 48 11 Brome grass 48 11 Crimson clover 48 11 Rape 48 11 Agrogyron species 48 11 Vetches 16 4 Sudan grass 16 4 Wheat 80 18 Oats 80 18 Barley 80 18 Buckwheat 80 18 Sorghums (except sudan grass) 80 18 Soybeans 80 18 Cowpea 80 18 (C) Name and number of each kind of noxious weed seed present, when in excess of that stated in subsection (1)(B). The name and number of noxious weed seed present per pound or per one hundred grams (100 gm) may also be used if that quantity is less than the number given in subsection (1)(B); and (D) An exception of up to one hundred forty-four (144) seeds per pound or thirtytwo (32) seeds per one hundred grams (100 gm) of giant foxtail may be present in lespedeza and the noxious weed seed labeling allowed by subsection (1)(B) used, without reference to the giant foxtail seed.

(2) The seed label shall show the name, complete address and zip code of the seed labeler.

(3) Vegetable seed which is below standard according to section (4) shall also be labeled in accordance with the requirements of section 266.051, RSMo (1986) as follows:

(A) Below standard in not less than eight (8)-point type; and (B) Percentage of germination.

(4) The germination of vegetable seed in packets of one pound (1 lb.) or less must exceed the following standards or read below standard and state the germination percentage. For vegetable seed not given a standard germination percentage, the germination must be shown on the packet:

Percent of Kind of SeedGermination Artichoke 60% Asparagus 70% Beans, garden 70% Beans, lima 70% Beans, runner 75% Beet 65% Broadbean 75% Broccoli 75% Brussel Sprouts 70% Cabbage 75% Carrot 55% Cauliflower 75% Celery and Celeriac 55% Chicory 65% Chinese Cabbage 75% Citron 65% Collards 80% Corn 75% Cowpea 75% Garden Cress 60% Water Cress 40% Cucumber 80% Eggplant 60% Endive 70% Kale 75% Kohlrabi 75% Leek 60% Lettuce 80% Muskmelon 75% Mustard 75% Spinach Mustard 75% Vegetable Mustard 75% Okra 50% (including hard seed)

Onion 70% Parsley 60% Parsnip 60% Peas 80% Pepper 55% Pumpkin 75% Radish 75% Rhubarb 60% Rutabaga 75% Salsify 75% Soybean 75% Spinach (except New Zealand) 60% New Zealand Spinach 40% Squash 75% Swiss Chard 65% Tomato 75% Turnip 80% Watermelon 70% (5) The purity percentages of pure seed, inert matter, other crop and weeds’ seed shall total one hundred percent (100%) on the seed tag.

(6) The information required on an agricultural seed label should appear in the following format:

Kind or Kind and Variety of Seed Pure seed % Germination % Net weight Inert matter % Hard seed % Lot # Other crop % Total germination Origin and hard seed % Weed seed % Month and year of germination test Noxious weed seeds per pound or per one hundred grams *The name and address of person or company held responsible for seed labeling should follow other information or should be printed on opposite side of label.

An alternative to the second column labeling may be provided for crops producing hard seed as follows:

Total germination % which includes % of hard seed (7) No advertising matter of any kind shall be printed on the label.

(8) No printed or written matter of any kind shall be attached to the original label.

(9) Seed in Storage. Any agricultural or vegetable seed, whether in bags, bins or other containers exposed to customers in a retail sales outlet, shall be considered offered or exposed for sale for seeding purposes in Missouri and will be subject to the provisions of the Missouri Seed Law, unless the seed is labeled in one (1) of the following ways: “For Feeding Purposes Only” (with no reference being made to germination, variety or other factors indicating that the seed is suitable for seeding purposes) or “For Processing Only— Not For Sale”.

(10) Any treatment of seed regulated by this law must be labeled to show the treatment.

(A) The labeling of a treatment for seed must be done either on a separate tag or on the bag.

(B) If a treatment adds more than one percent (1%) to the weight of the seed, that weight must also be included in the inert matter weight of the seed.

(C) If the amount of treatment on the seed is harmful to man or animal, the label shall name the additive and give a precautionary use statement. In addition, a contrasting colored dye showing evidence of treatment must be used.

(D) If the treatment of the seed is an inoculant, a date of expiration must be stated.

(11) The owner or possessor shall be responsible for properly labeled bulk or opened bags of agricultural seed.

(12) A declaration for the maximum percentage of seed containing the endophyte fungus, Epichole typhina (Acremonium coenophialum), may be made for a seed lot. For example, “endophyte not more than ten percent (10%)” or “live endophyte not more than ten percent (10%)”. When the declaration is for live endophyte, the labeling company must provide to the Missouri Department of Agriculture upon request— (A) The name of the laboratory performing the grow out and test;

(B) Method of grow out and analytical test used;

(C) The results of the analysis for the lot tested; and (D) Declarations for the percentage of endophyte should be placed on the label after seed origin.

History

• AUTHORITY: section 266.091, RSMo 1986. 1975, effective Jan. 2, 1976. Rescinded and readopted: Filed Sept. 28, 1979, effective March 13, 1980. Amended: Filed Jan. 17, 1986, effective May 16, 1986.

2 CSR 70-35.030 Seed Standards Sept. 15, 1976, effective Dec. 11, 1976. {#sec-2-csr-70-35.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.030}

Amended: Filed Dec. 12, 1978, effective March 11, 1979. Rescinded: Filed Sept. 28,

2 CSR 70-35.031 Licensing {#sec-2-csr-70-35.031 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.031}

(Rescinded January 30, 2019)

Original rule filed Sept. 28, 1979, effective March 13, 1980. Amended: Filed April 10, 1995, effective Oct. 30, 1995. Rescinded:

Filed June 14, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 266.091, RSMo 1994.

2 CSR 70-35.035 What Seeds Are Agricultural Seeds (12/31/18) JOHN R. ASHCROFT Original rule filed Aug. 16, 1976, effective Nov. 11, 1976. Rescinded: Filed Sept. 28, {#sec-2-csr-70-35.035 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.035}

2 CSR 70-35.040 Regulatory Standards June 16, 1952, Amended: Filed Dec. 23, Sept. 15, 1976, effective Dec. 11, 1976. {#sec-2-csr-70-35.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.040}

Amended: Filed Dec. 12, 1978, effective March 11, 1979. Rescinded: Filed Sept. 28,

2 CSR 70-35.045 Exemptions {#sec-2-csr-70-35.045 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.045}

PURPOSE: This rule permits the sale of seed containing more than the normally allowed amount of weed seed when needed for experimental or breeding purposes.

(1) The director of agriculture may approve the distribution of seed normally in violation of the Missouri Seed Law if requested and the following information is provided to the director:

(A) The name and address of the firm or person responsible for the use of the seed;

(B) Scientific and common name of the seed;

(C) The name and address of the person or firm from whom the seed will be purchased;

(D) The approximate date of purchase of the seed;

(E) Where the seed will be planted;

(F) How seed will be used; and (G) If the request is for weed seed or crop seed containing more than the allowable amount of weed seed, how spread of the weed seed will be controlled.

History

• AUTHORITY: section 266.091, RSMo 1986. Original rule filed Jan. 17, 1986, effective May 1, 1986. Amended: Filed Oct. 15, 1991, effective Feb. 6, 1992.

2 CSR 70-35.050 Submitting Service Samples {#sec-2-csr-70-35.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-35.050}

PURPOSE: This rule specifies who may obtain cost-free seed analysis and how many analyses they may have free of cost. It also sets a cost on samples submitted by persons over this amount and to others who are not eligible for cost-free analysis.

(1) Complimentary, cost-free seed analyses will be performed and reported by the State Seed Laboratory during the periods from June 1 to August 31 and from November 1 to the following January 15 for those persons who request analyses under the following conditions:

(A) The seed is to be planted on a Missouri farm operated by the requestor;

(B) The seed is not intended for resale; therefore, not subject to labeling requirements of this law;

(C) The pure seed content is greater than ninety percent (90%) when purity analysis is requested; and (D) The seed should not include more than four (4) samples received from the same family residence within those dates stated in section (1) of this rule beginning on June 1 and ending January 15 of the following year.

(2) Charges for analysis and analytical reports on seed samples not qualifying for free analysis as described in section (1) of this rule will be assessed at the following rates:

(A) A cost of twenty dollars ($20) per hour will be assessed for purity analysis on any seed having less than ninety percent (90%) pure seed;

(B) Purity analysis on seed having greater than ninety percent (90%) of the crop seed to be planted (purity analysis includes percentage measurements on pure seed, other crop, total weed seed, and inert matter) shall be— 1. For one (1) cultivar$24; and 2. For more than one (1) cultivar in the same sample$36;

(C) Germination (per cultivar)$24;

(D) Tetrazolium$50;

(E) Highly chaffy seed purity (per hour)$20;

(F) Highly chaffy seed germination $28;

(G) Endophyte from growth$60;

(H) Endophyte from seed staining $40; and (I) Noxious and prohibitive weed seed$24.

Rescinded and readopted: Filed Sept. 28, 1979, effective March 13, 1980. Amended:

Filed June 28, 1991, effective Jan. 1, 1992.

Amended: Filed Oct. 22, 2019, effective May 30, 2020.

History

• AUTHORITY: section 266.091, RSMo 2016. June 14, 1977, effective Sept. 11, 1977.

Chapter 40 Missouri Treated Timber Products Law Rules

2 CSR 70-40.025 Standards for Inspection, Sampling and Analyses {#sec-2-csr-70-40.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.025}

2 CSR 70-40.030 Filing of Treatment Statement with the Director of Agriculture {#sec-2-csr-70-40.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.030}

2 CSR 70-40.050 Requirements for Treated Timber Invoices and Manifests {#sec-2-csr-70-40.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.050}

2 CSR 70-40.055 Sale or Distribution of Wood Products Similar in Appearance to Treated {#sec-2-csr-70-40.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.055}

2 CSR 70-40.070 The American Wood Preservers’ Association Standards AGRICULTURE Timber Products Law Rules {#sec-2-csr-70-40.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.070}

2 CSR 70-40.005 Treated Timber Definitions Original rule filed Aug. 27, 2008, effective March 30, 2009. Rescinded: Filed Aug. 13, {#sec-2-csr-70-40.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.005}

2 CSR 70-40.010 Treated Timber License {#sec-2-csr-70-40.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.010}

rule filed March 8, 1962, effective March 18, 1962. Amended: Filed April 18, 1974, effective April 28, 1974. Rescinded: Filed Oct. 10,

History

• AUTHORITY: 280.050, RSMo 1978. Original

2 CSR 70-40.015 Standards for Treated Timber Original rule filed Oct. 10, 1980, effective Feb. 1, 1981. Amended: Filed Sept. 15, 1984, effective Jan. 2, 1985. Amended: Filed Dec. 16, 1985, effective March 13, 1986. {#sec-2-csr-70-40.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.015}

Amended: Filed March 14, 1986, effective June 16, 1986. Amended: Filed March 18, 1987, effective April 1, 1988. Amended:

Filed Jan. 12, 1990, effective April 16, 1990.

Rescinded and readopted: Filed Aug. 6, 2002, effective March 30, 2003. Amended:

Filed Aug. 30, 2004, effective March 30, 2005. Amended: Filed Feb. 6, 2008, effective Sept. 30, 2008. Rescinded: Filed Aug. 13,

2 CSR 70-40.016 Producers to Follow Pesticide Label {#sec-2-csr-70-40.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.016}

Original rule filed Dec. 16, 1985, effective May 15, 1986. Rescinded: Filed Aug. 13,

History

• AUTHORITY: section 280.050, RSMo 1986.

2 CSR 70-40.017 Preservatives Required to be Registered Pesticides Original rule filed Feb. 6, 2008, effective Sept. 30, 2008. Rescinded: Filed Aug. 13, {#sec-2-csr-70-40.017 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.017}

2 CSR 70-40.020 Standards for Treated Timber Products 1976, effective Dec. 11, 1976. Rescinded: {#sec-2-csr-70-40.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.020}

2 CSR 70-40.025 Standards for Inspection, Sampling and Analyses Original rule filed Oct. 10, 1980, effective Feb. 1, 1981. Amended: Filed Sept. 12, 1984, effective Jan. 1, 1985. Amended: Filed Dec. 16, 1985, effective March 13, 1986. {#sec-2-csr-70-40.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.025}

Rescinded and readopted: Filed Aug. 6, 2002, effective March 30, 2003. Amended:

Filed Aug. 30, 2004, effective March 30, 2005. Amended: Filed Feb. 6, 2008, effective Sept. 30, 2008. Rescinded: Filed Aug. 13,

2 CSR 70-40.030 Filing of Treatment Statement with the Director of Agriculture 1976, effective Dec. 11, 1976. Rescinded: {#sec-2-csr-70-40.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.030}

2 CSR 70-40.040 Branding of Treated Timber 1976, effective Dec. 11, 1976. Amended: {#sec-2-csr-70-40.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.040}

Amended: Filed Sept. 12, 1984, effective Jan. 1, 1985. Rescinded and readopted: Filed Aug. 6, 2002, effective March 30, 2003.

Amended: Filed Feb. 6, 2008, effective Sept. 30, 2008. Rescinded: Filed Aug. 13, 2019, effective March 30, 2020.

2 CSR 70-40.050 Requirements for Treated Timber Invoices and Manifests {#sec-2-csr-70-40.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.050}

Amended: Filed Sept. 12, 1984, effective Jan. 1, 1985. Rescinded: Filed Aug. 13, 2019, effective March 30, 2020.

History

• AUTHORITY: section 280.050, RSMo 1986. 1976, effective Dec. 11, 1976. Amended:

2 CSR 70-40.055 Sale or Distribution of Wood Products Similar in Appearance to Treated Timber—Identification—Penalties Original rule filed Dec. 16, 1985, effective May 15, 1986. Rescinded: Filed Feb. 6, 2008, changed to amended June 23, 2008, effective Sept. 30, 2008. Rescinded: Filed Aug. 13, 2019, effective March 30, 2020. {#sec-2-csr-70-40.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.055}

2 CSR 70-40.060 Exceptions to Treated Timber Rules March 18, 1962. Rescinded: Filed Oct. 10, {#sec-2-csr-70-40.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.060}

2 CSR 70-40.070 The American Wood Preservers’ Association Standards Original rule filed Aug. 16, 1976, effective Nov. 11, 1976. Rescinded: Filed Oct. 10, {#sec-2-csr-70-40.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.070}

2 CSR 70-40.080 Federal Specifications for Wood Preservation Original rule filed Aug. 16, 1976, effective Nov. 11, 1976. Rescinded: Filed Oct. 10, {#sec-2-csr-70-40.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-40.080}

Chapter 45 Noxious Weed Rules

2 CSR 70-45.005 Noxious Weed List {#sec-2-csr-70-45.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-45.005}

PURPOSE: This rule specifies the plants considered to be noxious weeds.

(1) The director of the Department of Agriculture has the authority to designate, or remove, a weed species identified as a noxious weed.

(A) The noxious weed list includes the following plants:

1. Canada thistle (Cirsium arvense L.

Scop.);

2. Common teasel (Dipsacus fullonum 3. Cutleaf teasel (Dipsacus laciniatus 4. Field bindweed (Convolvulus arvensis 5. Johnson grass (Sorghum halepense 6. Kudzu (Pueraria montana [Lour.]

Merr.);

7. Marijuana (Cannabis sativa L.);

8. Multiflora rose (Rosa multiflora Thunb. ex Murr.);

9. Musk thistle (Carduus nutans L.);

10. Purple loosestrife (Lythrum salicaria L. and any hybrids thereof);

11. Scotch thistle (Onopordum acanthium L.); and 12. Spotted knapweed (Centaurea stoebe L., including all subspecies).

(B) The director will establish an advisory group to provide input on other plant species to consider for designation as noxious weeds that can directly or indirectly injure or cause injury to crops (including agricultural and horticultural), livestock, poultry, or other interests of agriculture. The advisory group may include representation from those entities responsible for noxious weed management on their lands or rights-of-way including, but not be limited to, federal, state, county, municipal, university, horticulture, and agriculture groups or agencies.

(C) The department will maintain a list of noxious weeds and make it available to the public.

History

• AUTHORITY: section 263.190, RSMo Supp. 2011. Emergency rule filed Aug. 18, 2011, effective Aug. 28, 2011, expired Feb. 23, 2012. Original rule filed Sept. 12, 2011, effective March 30, 2012. Original authority: 263.190, RSMo 1939, amended 1979, 1992, 2011.

2 CSR 70-45.010 Terms and Duties of County Weed Control Boards {#sec-2-csr-70-45.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-45.010}

PURPOSE: To establish terms and duties of weed control board members.

(1) Appointments of county weed control boards will be for a term of three (3) years with, the initial appointment being made as follows: one (1) man for one (1) year, one (1) man for two (2) years and one (1) man for three (3) years and each year thereafter one (1) man will be appointed to fill the expired term.

(2) Duties of Weed Control Board.

(A) To be fully informed of the requirements of the Johnson grass control and eradication law and to be informed on the control measures recommended by the Missouri College of Agriculture.

(B) Select such personnel as deemed necessary to expedite the county weed control program.

(C) Notify public utilities, the state highway department, county courts, railroads, drainage districts, township boards, special road districts and other public and quasi public corporations of the act and requirements for compliance.

(D) Review the farm maps and reports of farm inspectors to determine progress of eradication and control and report to the director of agriculture the names of those landowners not complying with the requirements of the law.

(E) Field Inspectors—not less than one (1) inspector per township should be employed for field inspection. If in the judgement of the county weed control committee, more are necessary to complete the inspection within the required time, they may be employed.

ROBINCARNAHAN(2/29/12)

History

• AUTHORITY: section 263.259, RSMo 1986. Original rule filed Dec. 1, 1966, effective Dec. 10, 1966. Original authority: 263.259, RSMo 1957, amended 1959.

Chapter 50 Missouri Apple Grade Standards

2 CSR 70-50.010 Missouri Extra Fancy Apple Grade {#sec-2-csr-70-50.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-50.010}

PURPOSE: This rule establishes a new apple grade to be used only by Missouri apple growers on apples packed in Missouri.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) For apples to qualify as Missouri Extra Fancy Grade, they must be packed in Missouri and must meet the requirements of the combination, United States Extra Fancy and United States Fancy Grade as provided in the United States Standards for Grades of Apples, 7 CFR 51.300–51.323, except that the minimum color requirement for Red Delicious shall be sixty-five percent (65%), for Black Ben or Gano and Winesap fifty percent (50%) and for Jonathan and Ben Davis forty percent (40%).

(2) Packing Requirements.

(A) Tray-pack apples shall be packaged according to approved and recognized methods for United States packing requirements.

Packs shall be at least fairly tight. Tray- or cell-packed apples shall be of the proper size for the molds or cell compartments in which they are packed. The molds or cells shall be packed in a way that no more than slight movement of apples is possible. All tray-pack apples shall have an inverted tray, pad or poly interliner over the top layer of apples. The pad or space filler over the top layer of apples shall not be more than three-fourths inch (3/4”) below the top edge of the carton.

(B) Jumble or face and fill cartons shall be fairly well filled and the minimum net weight of apples in the container shall be thirtyseven pounds (37 lbs.) for Jonathan and Golden Delicious and forty pounds (40 lbs.) for Red Delicious, Winesap, Ben Davis, Black Ben or Gano.

History

• AUTHORITY: section 265.020, RSMo 1986. Original rule filed May 23, 1969, effective June 1, 1969. Original authority: 265.020, RSMo 1939, amended 1993, 1995.

2 CSR 70-50.020 Missouri No. 1 Apple Grade {#sec-2-csr-70-50.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 70-50.020}

PURPOSE: This rule establishes a new apple grade to be used only by Missouri apple growers on apples packed in Missouri.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) For apples to qualify as Missouri No. 1 Apple Grade, they must meet the requirements of the United State No. 1 Hail Grade as provided in the United States Standards for Grades of Apples, 7 CFR 51.300–51.323, except that the minimum color requirements for Red Delicious shall be sixty five percent (65%), for Winesap fifty percent (50%) and for Jonathan forty percent (40%).

(2) Packing Requirements.

(A) Tray-pack apples shall be packaged according to approved and recognized methods for United State packing requirements.

Packs shall be at least fairly tight. Tray- or cell-packed apples shall be of the proper size for the molds or cell compartments in which they are packed. The molds or cells shall be packed in a way that no more than slight movement of apples is possible. The top layer shall not be more than three-fourths inch (3/4") below the top edge of the carton.

(B) Jumble or face and fill cartons shall be fairly well filled and the minimum net weight of apples in the container shall be thirtyseven pounds (37 lbs.) for Jonathan and forty pounds (40 lbs.) for Red Delicious and Winesap.

MATTBLUNT(4/30/01)

History

• AUTHORITY: section 265.020, RSMo 1986. Original rule filed March 10, 1981, effective July 1, 1981. Original authority: 265.020, RSMo 1939, amended 1993, 1995.

Division 80 State Milk Board

Chapter 1 Organization and Description

2 CSR 80-1.010 General Organization {#sec-2-csr-80-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-1.010}

PURPOSE: The purpose of this regulation is to comply with section 536.023, RSMo, which requires each agency to adopt as a rule a description of its operation and the methods whereby the public may obtain information or make submissions or requests.

(1) The Missouri State Milk Board is a unit of the Department of Agriculture.

(2) The board was created by House Bill 1280, 76th General Assembly.

(3) The board consists of twelve (12) members, ten (10) of whom are nominated by the director of the Department of Agriculture, appointed by the governor, and confirmed by the senate. Each of these ten (10) members serve four- (4-) year terms. The director of the Department of Agriculture and the director of the Missouri Division of Health or their designated representatives serve on the Milk Board by virtue of their position.

(4) No more than one-half (1/2) of the total members of the board may be of the same political party.

(5) The board is directed by section 196.939, RSMo 2000, to adopt regulations for the control of Grade “A” milk sanitation.

(6) The board is located at 1616 Missouri Boulevard, Jefferson City, Missouri, telephone (573) 751-3830. The board is assigned the responsibility for the administration of state milk inspection. State milk inspection is the service of inspection, regulation, grading, and program evaluation of fluid milk and fluid milk products.

ROBINCARNAHAN(8/31/12)

History

• AUTHORITY: section 196.939, RSMo 2000. Original rule filed April 5, 1976, effective Oct. 11, 1976. Amended: Filed March 13, 2012, effective Sept. 30, 2012. Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.

Chapter 2 Grade "A" Pasteurized Milk Regulations

2 CSR 80-2.001 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2023 {#sec-2-csr-80-2.001 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.001}

2 CSR 80-2.002 Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference {#sec-2-csr-80-2.002 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.002}

2 CSR 80-2.003 Adoption of Code of Federal Regulations Title 21 Food and Drugs, {#sec-2-csr-80-2.003 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.003}

Chapter I Food and Drug Administration, Department of Health and Senior Services, Subchapter B Food for Human Consumption,

Part 117 Current Good Manufacturing Practice, Hazard Analysis, and

2 CSR 80-2.004 Adoption of the Evaluation of Milk Laboratories, 2023 Revision of the United States Department of Health and Human Services, Public {#sec-2-csr-80-2.004 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.004}

2 CSR 80-2.020 Sale of Adulterated, Misbranded Milk, or Milk Products . . . . . . . . . . . . . . . . . . .4 {#sec-2-csr-80-2.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.020}

2 CSR 80-2.060 The Examination of Milk and Milk Products {#sec-2-csr-80-2.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.060}

2 CSR 80-2.091 Milk and Milk Products Which May Be Sold {#sec-2-csr-80-2.091 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.091}

2 CSR 80-2.101 Transferring; Delivery Containers; Cooling {#sec-2-csr-80-2.101 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.101}

2 CSR 80-2.110 Milk and Milk Products from Points Beyond the Limits of {#sec-2-csr-80-2.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.110}

2 CSR 80-2.160 Adoption of Grade A Pasteurized Milk Ordinances, 1965 Recommendations of the United States Public Health Service by {#sec-2-csr-80-2.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.160}

2 CSR 80-2.180 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2017 Services, Public Health Service, Food and Drug Administration {#sec-2-csr-80-2.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.180}

2 CSR 80-2.181 Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2017 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on {#sec-2-csr-80-2.181 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.181}

2 CSR 80-2.001 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration {#sec-2-csr-80-2.001 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.001}

PURPOSE: This rule provides for the adoption of the Grade “A”

Pasteurized Milk Ordinance (PMO), 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, which is the recommended ordinance for adoption by state and local governments for the sanitary control of Grade “A” milk and milk products. publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Grade “A” Pasteurized Milk Ordinance (PMO), 2023 Services, Public Health Service, Food and Drug Administration establishes minimum standards that must be complied with for satisfactorily producing and for processing Grade “A” raw milk for pasteurization and Grade “A” pasteurized milk and milk products in Missouri. The document further contains administrative procedures that provide information as to satisfactory compliance with the required items of sanitation.

The Grade “A” Pasteurized Milk Ordinance (PMO), 2023 Revision, is hereby incorporated by reference as published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food (HFS-316), 5100 Paint Branch Parkway, College Park, MD 20740-3835. This rule does not incorporate any subsequent amendments or additions to the Grade “A”

Pasteurized Milk Ordinance (PMO).

Emergency amendment filed Oct. 25, 1999, effective Nov. 4, 1999, expired May 1, 2000. Amended: Filed Nov. 1, 1999, effective April 30, 2000. Amended: Filed March 13, 2012, effective Sept. 30, 2012.

Filed April 22, 2016, effective Oct. 30, 2016. Moved and amended:

Filed April 30, 2018, effective Nov. 30, 2018. Amended: Filed Aug. 7, 2020, effective Feb. 28, 2021. Amended: Filed Sept. 27, 2024, effective April 30, 2025.

History

• AUTHORITY: section 196.939, RSMo 2016. This rule originally filed as 2 CSR 80-2.180. Original rule filed March 11, 1980, effective July 1, 1980. Amended: Filed Feb. 1, 1990, effective April 26, 1990.

2 CSR 80-2.002 Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments {#sec-2-csr-80-2.002 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.002}

PURPOSE: This rule provides for the adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments, which is the recommended procedures for adoption by state and local governments for sound and uniform milk sanitation programs. publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Procedures Governing the Cooperative State-Public Health Service, Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments are the procedures for establishing milk sanitation standards, rating procedures, sampling procedures, laboratory procedures, laboratory evaluation, and sample collector procedures. The document further contains the Constitution of the National Conference on Interstate Milk Shipments (NCIMS), the Bylaws of the NCIMS, the Memorandum of Understanding (MOU) between the United States Food and Drug Administration and NCIMS, and related documents. This procedures document governs the NCIMS and contains the information necessary to maintain a national program that is both uniform and acceptable to the states, United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the dairy industry. The Procedures Governing the Cooperative State-Public Health Service, Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision, is hereby incorporated by reference as published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food (HFS- 316), 5100 Paint Branch Parkway, College Park, MD 20740-3835.

This rule does not incorporate any subsequent amendments or additions to the Pasteurized Milk Ordinance (PMO).

Amended: Filed Sept. 27, 2024, effective April 30, 2025.

History

• AUTHORITY: section 196.939, RSMo 2016. This rule originally filed as 2 CSR 80-2.181. Original rule filed July 23, 2014, effective Jan. 30, 2015. Amended: Filed April 22, 2016, effective Oct. 30, 2016. Moved and amended: Filed April 30, 2018, effective Nov. 30, 2018. Amended: Filed Aug. 7, 2020, effective Feb. 28, 2021.

2 CSR 80-2.003 Adoption of Code of Federal Regulations Title 21 Food and Drugs, Chapter I Food and Drug Administration, Department of Health and Senior Services, Subchapter B Food for Human Consumption, Part 117 Current Good Manufacturing Practice, Hazard Analysis, and Risk Based Preventive Controls for Human Food {#sec-2-csr-80-2.003 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.003}

PURPOSE: This rule provides for the adoption of the most recent (3/31/25) Denny Hoskins publication of Title 21, Part 117 “The Code of Federal Regulations” for Missouri State Milk Board to be in compliance with federal regulations as determined by the United States Department of Agriculture and Food and Drug Administration.

(1) The standards used by the State Milk Board shall be those shown in Title 21, the Code of Federal Regulations, Subchapter B Food for Human Consumption, Part 117 Current and Good Manufacturing Practice, Hazard Analysis, and Risk Based Preventive Controls for Human Food, January 2018, are herein incorporated by reference and made part of this rule as published in the United States Superintendent of Documents, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions to the Pasteurized Milk Ordinance (PMO).

2 CSR 80-2.004 Adoption of the Evaluation of Milk Laboratories, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration {#sec-2-csr-80-2.004 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.004}

PURPOSE: This rule provides for the adoption of the Evaluation of Milk Laboratories, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, which is the recommended ordinance for adoption by state and local governments for the sanitary control of Grade “A” milk and milk products. publication of the entire text of the material that is incorporated (1) The Evaluation of Milk Laboratories, 2023 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration provides for the evaluation of milk laboratories required to meet the sanitation standards of the current in-use edition of the Grade “A” Pasteurized Milk Ordinance (PMO). The Evaluation of Milk Laboratories, 2023 Revision, is hereby incorporated by reference as published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food (HFS- 316), 5100 Paint Branch Parkway, College Park, MD 20740-3835.

This rule does not incorporate any subsequent amendments or additions to the Grade “A” Pasteurized Milk Ordinance (PMO).

History

• AUTHORITY: section 196.939, RSMo 2016. Original rule filed Sept. 27, 2024, effective April 30, 2025.

2 CSR 80-2.010 Definitions April 20, 1973, effective April 30, 1973. Rescinded and readopted: {#sec-2-csr-80-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.010}

Filed March 11, 1980, effective July 1, 1980. Amended: Filed Feb. 1, 1990, effective April 26, 1990. Amended: Filed Feb. 15, 2007, effective July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Rescinded and readopted: Filed Feb. 17, 2012, effective Aug. 30, 2012. Amended: Filed July 23, 2014, effective Jan. 30, 2015.

Amended: Filed April 22, 2016, effective Oct. 30, 2016. Rescinded:

Filed April 30, 2018, effective Nov. 30, 2018.

2 CSR 80-2.020 Sale of Adulterated, Misbranded Milk, or Milk Products {#sec-2-csr-80-2.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.020}

PURPOSE: This rule provides for the control of adulterated, misbranded Grade “A” milk, or milk products, or any combination of these. This rule corresponds with Section 2 of the federal Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80- 2.001.

(1) No person shall produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, within the state of Missouri, or its jurisdiction, any milk or milk product which is adulterated or misbranded. Provided that, in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the regulatory agency, in which case those products shall be labeled ungraded.

(2) Any adulterated or misbranded milk or milk product may be impounded under proper authority by the regulatory agency and disposed of in accordance with applicable laws or regulations, including the Grade “A” Pasteurized Milk Ordinance, as adopted in 2 CSR 80-2.001.

2 CSR 80-2.030 Permits {#sec-2-csr-80-2.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.030}

PURPOSE: This rule provides for the issuance of permits to persons involved in the production, transporting, and processing of Grade “A” milk and milk products. This rule corresponds with Section 3 of the federal Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-2.001.

(1) It shall be unlawful for any person who does not possess a permit from the regulatory agency of Missouri to bring into, send into, or receive into Missouri or its jurisdiction, for sale, or to sell, or offer for sale, or to have in storage any milk or milk products defined in these rules. Imported sources of milk or milk products shall be permitted jointly by the state Department of Agriculture, state Department of Health, and the State Milk Board. An Export Certificate shall serve as the permit. Provided that grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold at retail, but not processed, may be exempt from the requirements of this rule.

2 CSR 80-2.040 Labeling {#sec-2-csr-80-2.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.040}

2 CSR 80-2.050 Inspection Frequency and Procedure Filed July 23, 2013, effective Feb. 28, 2014. Amended: Filed July 23, 2014, effective Jan. 30, 2015. Amended: Filed Feb. 9, 2016, effective July 30, 2016. Amended: Filed April 22, 2016, effective Nov. 30, 2016. Rescinded: Filed April 30, 2018, effective Nov. 30, 2018. {#sec-2-csr-80-2.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.050}

2 CSR 80-2.060 The Examination of Milk and Milk Products {#sec-2-csr-80-2.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.060}

2 CSR 80-2.070 Standards for Milk and Milk Products {#sec-2-csr-80-2.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.070}

PURPOSE: This rule provides standards which Grade “A” raw or pasteurized milk or milk products must meet with regard to cooling temperatures, bacterial limits, somatic cell counts, antibiotics, coliform limits, phosphatase determinations, and sanitation requirements for dairy farms, milk haulers, transfer stations, receiving stations, and milk plants. This rule corresponds with Section 7 of the federal Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-2.001.

(1) All Grade “A” raw milk for pasteurization and all Grade “A” pasteurized milk and milk products shall be produced, processed, manufactured, and pasteurized to conform to the following chemical, physical, bacteriological, and temperature standards and the sanitation requirements of this rule. The Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-2.001.

(2) No process or manipulation other than pasteurization, processing, and packaging methods integral to pasteurization, and appropriate refrigeration shall be applied to milk and milk products for the purpose of removing or deactivating microorganisms. Provided that in the bulk shipment of raw cream, skim milk, or lowfat milk, the heating of the raw milk to temperatures no greater than one hundred twenty-five degrees Fahrenheit (125 °F) (fifty-two degrees Celsius (52 °C)) for separation purposes is permitted when the resulting bulk shipments of cream, skim milk, and lowfat milk are labeled heat-treated.

(3/31/25) Denny Hoskins Table 1—Chemical, Bacteriological, and Temperature Standards Grade “A” raw milk and milk products Temperature Cooled to 45 °F (7 °C) or less within two (2) hours for pasteurization after milking, provided that the blend temperature first and subsequent milkings does not exceed 50 °F (10 °C).

Bacterial limits Individual producer milk not to exceed 100,000 per milliliter (mL) prior to commingling with other producer milk.

Not to exceed 300,000 per mL as commingled milk prior to pasteurization.

Drugs Tests and methodology as required by the Grade “A”

Pasteurized Milk Ordinance, as adopted in 2 CSR 80-2.001.

Commingled milk: Tests and methodology as required by the Grade “A” Pasteurized Milk Ordinance, as adopted in 2 CSR 80-2.001.

Somatic cell count Individual cow producer milk: Not to exceed 750,000 permL.

Individual goat producer milk: Not to exceed 1,500,000 per mL.

Grade “A” pasteurized milk and Temperature Cooled to 45 °F (7 °C) or less and maintained milk products thereat.

Bacterial limits* Not to exceed 20,000 per mL.

Coliform Not to exceed 10 per mL. Provided that, in case of bulk milk transport tank shipments, shall not exceed 100 per mL.

Phosphatase Less than 350 milliunits/L for fluid products and other milk products by approved electronic phosphatase procedures.

Drugs No positive results on drug residue detection methods as referenced in Section 6. – Laboratory Techniques of the Grade “A” Pasteurized Milk Ordinance, as adopted in 2 CSR 80-2.001 which have been found to be acceptable for use with Pasteurized Milk and/or Milk Products. *Not applicable to cultured products.

(3) Ungraded Raw Milk for Pasteurization. Ungraded raw milk for pasteurization is raw milk which does not meet the requirements for Grade “A” raw milk for pasteurization.

(4) Ungraded Pasteurized Milk, Milk Products, or both.

(A) Ungraded pasteurized milk, milk products, or both, are pasteurized milk, milk products, or both, which do not meet the requirements of Grade “A” pasteurized milk products.

(B) Only in an emergency, so declared by the regulatory agency, can raw or pasteurized fluid milk products which have not been graded or the grade of which is unknown, be sold, in which case these fluid milk or milk products shall be labeled Ungraded and these milk and milk products shall comply with antibiotic, phosphatase, and pesticide residue tolerances.

(5) Grade “A” Pasteurized Milk Regulation Items.

(A) Sanitation Requirements for Grade “A” Raw Milk for Pasteurization.

1. Abnormal milk—based upon bacteriological, chemical, or physical examination, lactating animals which show evidence of the secretion of abnormal milk in one (1) or more quarters shall be milked last or with separate equipment and the milk shall be discarded. Lactating animals treated with, or lactating animals which have consumed chemical, medicinal, or radioactive agents which are capable of being secreted in the milk and which, in the judgment of the regulatory agency, may be deleterious to human health, shall be milked last or with separate equipment and the milk disposed of as the regulatory agency may direct.

2. Milking barn, stable, or parlor—construction. On all dairy farms a milking barn, stable, or parlor shall be provided in which the milking herd shall be housed during milking time operations. The areas used for milking purposes shall— A. Have floors constructed of concrete or equally impervious material;

B. Have walls and ceilings which are smooth, painted, or finished in an approved manner, in good repair, ceiling dust-tight;

C. Have separate stalls or pens for horses, calves, and bulls;

D. Be provided with natural light, artificial light, or both, well distributed for day and/or night milking, or both;

E. Provide sufficient air space and air circulation to prevent condensation and excessive odors;

F. Not be overcrowded; and G. Have dust-tight covered boxes or bins or separate storage facilities for ground, chopped, or concentrated feed.

3. Milking barn, stable, or parlor—cleanliness. The interior shall be kept clean. Floors, walls, ceilings, windows, pipelines, and equipment shall be free of filth, litter, or both, and shall be clean. Swine and fowl shall be kept out of the milking barn.

4. Cowyard. The cowyard shall be graded and drained and shall have no standing pools of water or accumulations of organic wastes. Provided that in loafing or lactating animal housing areas, lactating animal droppings and soiled bedding shall be removed or clean bedding added at sufficiently frequent intervals to prevent the soiling of the lactating animal’s udder and flanks. Waste feed shall not be allowed to accumulate. Manure packs shall be properly drained and shall provide a reasonably firm footing. Swine shall be kept out of the cowyard.

5. Milkhouse or room—construction and facilities.

Milkhouse or room construction and facilities shall comply with the following:

A. A milkhouse or room of sufficient size shall be provided, in which the cooling, handling, and storing of milk and the washing, sanitizing, and storing of milk containers and utensils shall be conducted, except as provided for in paragraph (5)(A)12. of this rule;

B. The milkhouse shall be provided with a smooth floor constructed of concrete or equally impervious material graded to drain and maintained in good repair. Liquid waste shall be disposed of in a sanitary manner; all floor drains shall be accessible and shall be trapped if connected to a sanitary sewer system;

C. The walls and ceilings shall be constructed of smooth material, in good repair, well painted, or finished in an equally suitable manner;

D. The milkhouse shall have adequate natural light, artificial light, or both, and be well ventilated;

E. The milkhouse shall be used for no other purpose than milkhouse operations; there shall be no direct opening into any barn, stable, or into a room used for domestic purposes.

Provided that a direct opening between the milkhouse and milking barn, stable, or parlor is permitted when a tight-fitting, self-closing, solid door(s) hinged to be single or double acting is provided;

F. Water under pressure shall be piped into the milkhouse;

G. The milkhouse shall be equipped with a two- (2-) compartment wash vat and adequate hot water heating facilities;

H. When a transportation tank is used for the cooling of milk, storage of milk, or both, on the dairy farm, the tank shall be provided with a suitable shelter for the receipt of milk.

The shelter shall be adjacent to, but not a part of, the milkroom and shall comply with the requirements of the milkroom with respect to construction, light, drainage, insect and rodent control, and general maintenance; and I. Effective July 1, 1985, all bulk milk cooling tanks, holding tanks, or both, in use shall be equipped with interval timing devices.

(I) Construction requirements. Interval timers shall be set and adjusted so that the milk will be agitated not less than five (5) minutes with a frequency of at least once every hour.

(II) Installation requirements. The installation and operation of interval timing devices shall be the responsibility of the milk producer.

6. Milkhouse or room—cleanliness. The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, nonproduct contact surfaces of milk containers, utensils, and equipment, and other milkroom equipment shall be clean.

Only articles directly related to milkroom activities shall be permitted in the milkroom. The milkroom shall be free of trash, animals, and fowl.

7. Toilet. Every dairy farm shall be provided with one (1) or more toilets, conveniently located and properly constructed, operated, and maintained in a sanitary manner. The waste shall be inaccessible to flies and shall not pollute the soil surface or contaminate any water supply.

8. Water supply. Water for milkhouse and milking operations shall be from a supply properly located, protected, and operated and shall be easily accessible, adequate, and of a safe, sanitary quality.

9. Utensils and equipment—construction. All multi-use containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials and shall be so constructed as to be easily cleaned. All containers, utensils, and equipment shall be in good repair. All milk pails used for hand milking and stripping shall be seamless and of the hooded type. Multi-use woven material shall not be used for straining milk. All single-service articles shall have been manufactured, packaged, transported, stored, and handled in a sanitary manner and shall comply with the applicable requirements of paragraph (7)(B)11. of this rule. Articles intended for single-service shall not be reused.

A. Farm holding/cooling tanks, welded sanitary piping, and transportation tank shall comply with the applicable require ments of paragraphs (7)(B)10. and 11. of this rule.

10. Utensils and equipment—cleaning. The productcontact surfaces of all multi-use containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be cleaned after each usage.

11. Utensils and equipment—sanitization. The productcontact surfaces of all multi-use containers, equipment, and utensils used in the handling, storage, and transportation of milk shall be sanitized before each usage.

12. Utensils and equipment—storage. All containers, utensils, and equipment used in the handling, storage, or transportation of milk, unless stored in sanitizing solutions, shall be stored to assure complete drainage and shall be protected from contamination prior to use. Provided that milk pipelines and pipeline milking equipment, such as milker claws, inflations, weigh jars, meters, milk hoses, milk receivers, and milk pumps which are designed for mechanical cleaning, may be stored in the milking barn or parlor provided this equipment is designed, installed, and operated to protect the product- and solution-contact surfaces from contamination at all times.

13. Utensils and equipment—handling. After sanitization, all containers, utensils, and equipment shall be handled in a manner as to prevent contamination of any product-contact surface.

14. Milking—flanks, udders, and teats. Milking shall be done in the milking barn, stable, or parlor. The flanks, udders, bellies, and tails of all milking animals shall be free from visible dirt. All brushing shall be completed prior to milking.

The udders and teats of all milking animals shall be cleaned and treated with a sanitizing solution just prior to the time of milking and shall be relatively dry before milking. Wet hand milking is prohibited.

15. Milking—surcingles, milk stools, and antikickers.

Surcingles, milk stools, and antikickers shall be kept clean and stored above the floor.

16. Protection from contamination. Milking and milkhouse operations, equipment, and facilities shall be located and conducted to prevent any contamination of milk, equipment, containers, and utensils. No milk shall be strained, poured, transferred, or stored unless it is properly protected from contamination.

17. Personnel—handwashing facilities. Adequate handwashing facilities shall be provided, including a lavatory fixture with running water, soap or detergent, and individual sanitary towels, in the milkhouse and in or convenient to the milking barn, stable, parlor, or flush toilet.

18. Personnel—cleanliness. Hands shall be washed clean and dried with an individual sanitary towel immediately before milking, performing any milkhouse function, and immediately after the interruption of any of these activities. Milkers and milk haulers shall wear clean outer garments while milking or handling milk, milk containers, utensils, or equipment.

19. Cooling. Raw milk for pasteurization shall be cooled to forty-five degrees Fahrenheit (45 °F) (7 °C) or less within two (2) hours after milking, provided that the blend temperature after the first milking and subsequent milkings does not exceed fifty degrees Fahrenheit (50 °F) (10 °C).

20. Vehicles. Vehicles used to transport milk from the dairy farm to the milk plant or receiving station shall be constructed and operated to protect their contents from sun, freezing, and contamination. These vehicles shall be kept clean, inside and out, and no substance capable of contaminating milk shall be transported with milk.

21. Insect and rodent control. Effective measures shall be taken to prevent the contamination of milk, containers, equipment, and utensils by insects and rodents and by chemicals used to control vermin. Milkrooms shall be free of insects and rodents. Surroundings shall be kept neat, clean, and free of conditions which might harbor or be conducive to the breeding of insects and rodents.

(6) To secure and hold a valid permit, license, or both, a hauler shall meet the following requirements governing Grade “A” milk haulers, the collection of Grade “A” milk from farm bulk milk cooling tanks, storage tanks, or both, and the collection and care of Grade “A” milk samples:

(A) General Requirements.

1. All bulk tank trucks, associated and auxiliary equipment, shall be maintained in a clean and sanitary condition and shall be in good repair.

2. Whenever a bulk tank truck has been cleaned and sanitized, as required by the regulatory agency, it shall bear a tag showing the date, time, place, and signature of the employee or contract operator doing the work, unless the truck delivers to only one (1) receiving unit where responsibility for cleaning and sanitizing can be definitely established without tagging. The tag is to be removed at the first stop on route and kept on file for the regulatory agency.

3. Milk shall never be collected at a producer farm during the milking operation. Partial collections of milk from a bulk cooling tank, storage tank, or both, are prohibited without special permission from the regulatory agency.

4. Milk which has not been cooled to forty-five degrees Fahrenheit (45 °F) (7 °C) within two (2) hours after milking or on which the blend temperature after the first milking and subsequent milkings has exceeded fifty degrees Fahrenheit (50 °F) (10 °C) shall not be collected. Except that where recording thermometer charts are available, milk may be collected provided it complies with standards adopted by the regulatory agency.

5. Abnormal milk shall not be collected.

6. The tank truck pump and hose shall be handled in a sanitary manner and shall be protected during the collection procedure.

7. An accurate complete record of each producer’s milk pick-up shall be kept. This shall include producer number and name; milk measurement, weight, or both; date and time of collection; temperature of the milk; remarks on condition or quality; and the hauler’s signature or initials.

8. Hauling of toxic materials in bulk milk tank trucks is prohibited. Permission to haul nontoxic material other than Grade “A” milk, milk products, or both, must be obtained from the regulatory agency on an individual basis;

(B) Permits and Licenses.

1. All milk haulers must possess a license from the state Department of Agriculture and a permit from the regulatory agency. The permit, license, or both, are subject to suspension or revocation whenever any of the laws or rules are violated on the second consecutive inspection. Flagrant violations on the part of the hauler, such as fraudulent practices, intentional adulteration, or any actions adversely affecting the integrity of producer milk samples, shall result in immediate permit suspension, court action, or both.

2. A temporary permit may be given in the field by the regulatory agency to an applicant who satisfactorily passes an examination and who possesses a temporary license issued through the regulatory authority. The temporary permit may be revoked for cause at any time. Regular status of a temporary permit, license, or both, is acquired only after an applicant satisfactorily passes a hauler training course provided by a company or organization if the training course has been approved by the State Milk Board and the regulatory agency.

3. An approved hauler training course should include the following:

A. Basic milk microbiology;

B. Milk quality tests and what they mean;

C. Evaluation and detection of flavors and odors;

D. Sampling and bacteriological, chemical, and physical analysis;

E. Sampling, why and how to handle samples;

F. Cleaning and sanitizing of dairy equipment;

G. Milk and its composition;

H. The how and why of tank calibration; and I. Procedures for the collection of milk from farm cooling or storage tanks, or both;

(C) Requirements Pertaining to the Operator.

1. The operator must maintain a neat and clean appearance and must have clean habits.

2. The operator must be able to differentiate between normal and abnormal milk.

3. The operator must not use tobacco in the milkroom.

4. The operator must carry an approved thermometer for checking milk temperature.

5. The operator must carry a suitable container bearing a bactericidal solution and appropriate brushes to give supplemental bactericidal treatment for bulk tank valve, tank truck hose opening, and other equipment as the need is indicated;

(D) Hauler Procedure at the Farm.

1. Examine the milk for off-odor and any other abnormalities which would class the milk as unmarketable.

Wash hands thoroughly and dry with clean single-service towel immediately prior to measuring, sampling the milk, or both.

2. Measure the milk before agitation. If the agitator is running upon arrival, the measurement can be taken only after the surface of the milk has been undisturbed for at least two (2) minutes. An accurate cold stick reading shall be used for milk measurement.

3. If the agitator is running upon arrival, run it at least five (5) minutes before sampling and recording temperature. If the agitator is not running, it must be started and run for at least five (5) minutes before sampling.

4. Identify sample container and collect sample.

5. Sanitize the hauler’s thermometer when used to check accuracy of tank thermometer or before use when tank thermometer is inoperable.

6. After pumping milk into tank truck, disconnect and cap hose and replace hose in truck. Be sure porthole cover is closed.

Rinse tank and porthole thoroughly with tempered water.

7. When a route collection has started, complete it without any unnecessary delay;

(E) Procedures and Practices Concerning Sampling. A sample which will qualify for bacteriological analysis (universal sampling) shall be properly collected at each stop on the route. The sample shall be handled properly and subsequently delivered to the proper destination. While on the pick-up route, the hauler shall have an adequate supply of sample containers available. These containers shall be properly stored and handled. An approved sampling dipper or single-service sampling tubes shall be provided and must be maintained and handled to avoid possible contamination of the sample. The following procedures shall be carried out when collecting any sample:

1. Identify the sample container with the producer number, the date, time of day, and temperature;

2. Bring sample container, dipper, and dipper container or single-service sampling tubes into the milkroom. Dipper container must contain chlorine solution of one hundred to two hundred parts per million (100–200 ppm) or other approved bactericide at all times while on the route. Dipper must be kept clean;

3. Open sample container carefully and avoid contamination of the milk contact surfaces;

4. Immerse the sample dipper at least three (3) times in the milk, completely emptying each time. This will eliminate any remaining sanitizing solution in the dipper;

5. Collect representative sample or samples from the farm tank;

6. Do not hold sample container over the milk in the tank;

7. Rinse the sample dipper free of milk and place in its carrying container; and 8. Place sample or samples in cooling medium immediately after collection; and (F) Specifications Which Are Related to Sampling.

8. All sample containers and single-service sampling tubes used for samples to determine bacteria counts shall be sterile. Samples shall be cooled to and held between thirty-two degrees Fahrenheit (32 °F) (0 °C) and forty degrees Fahrenheit (40 °F) (4 °C) during transit to the laboratory. Multi-use sampling dippers shall be cleaned and sanitized.

9. Sample containers shall have space to properly identify sample.

10. Means shall be provided to properly protect sample in sample case.

11. Adequate racks also shall be provided when plastic sample bags are used. Other methods may be used as approved by the regulatory agency.

12. Adequate insulation of sample container box or ice chest shall be provided to keep samples from freezing during cold weather.

13. An extra sample of milk shall be collected and properly identified as a temperature sample at the first stop on each route and placed in the cooling medium as a temperature check.

14. Samples for butterfat and bacterial counts shall not be taken from tanks which contain frozen or churned milk.

(7) Sanitation Requirements for Grade “A” Pasteurized Milk and Milk Products.

(A) A receiving station shall comply with paragraphs (7)(B)1.– 15., 17., 20., and 22., except that the partitioning requirement of paragraph (7)(B)5. shall not apply.

(B) A transfer station shall comply with paragraphs (7)(B)1., 4., 6.–12., 14., 15., 17., 20., and 22.; and as climatic and operating conditions require, the applicable provisions of paragraphs (7)

(B)2. and 3., provided that in every case, overhead protection shall be provided. Facilities for the cleaning and sanitizing of bulk milk pick-up tanker and milk transport tanks shall comply with paragraphs (7)(B)1., 4., 6.–12., 14., 15., 20., and 22.; and as climatic and operating conditions require, the applicable provisions of paragraphs (7)(B)2. and 3., provided that in every case, overhead protection shall be provided.

1. Floors—construction. The floors of all rooms in which milk or milk products are processed, handled, or stored, or in which milk containers, equipment, and utensils are washed shall be constructed of concrete or other equally impervious and easily cleaned material, and shall be smooth, properly sloped, provided with trapped drains, and kept in good repair. Provided that cold-storage rooms used for storing milk and milk products need not be provided with floor drains when the floors are sloped to drain to one (1) or more exits.

Provided further that storage rooms for storing dry ingredients, packaging materials, or both, need not be provided with drains and the floors may be constructed of tightly joined wood.

2. Walls and ceilings—construction. Walls and ceilings of rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed, shall be in good repair with a smooth, washable, light-colored surface.

3. Doors and windows. Effective means shall be provided to prevent the access of flies and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather.

4. Lighting and ventilation. All rooms in which milk or milk products are handled, processed, or stored, in which milk containers, equipment, and utensils are washed, or both handled and washed, shall be well lighted and well ventilated.

5. Separate rooms. There shall be separate rooms for the pasteurizing, processing, cooling, and packaging of milk and milk products; the cleaning of milk cans, bottles, and cases; the cleaning and sanitizing facilities for milk tank trucks in plants receiving milk in those tanks; and receiving cans of milk and milk products in plants receiving those cans. Rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed or stored, shall not open directly into any stable or any room for domestic purposes. All rooms shall be of sufficient size for their intended purposes.

6. Toilet—sewage disposal facilities. Every milk plant shall be provided with toilet facilities conforming with the regulations of the state of Missouri. Toilet rooms shall not open directly into any room in which milk, milk products, or both, are processed. Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing doors. Dressing rooms, toilet rooms, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and well lighted.

Sewage and other liquid wastes shall be disposed of in a sanitary manner.

7. Water supply. Water for milk plant purposes shall be from a supply properly located, protected, and operated and shall be easily accessible, adequate, and of a safe, sanitary quality.

8. Handwashing facilities. Convenient handwashing facilities shall be provided, including hot and cold or warm running water, soap, and individual sanitary towels or other approved hand drying devices. Handwashing facilities shall be kept in a clean condition and in good repair.

9. Milk plant cleanliness. All rooms in which milk and milk products are handled, processed, or stored, and in which containers, utensils, or equipment are washed or stored, shall be kept clean, neat, and free of evidence of insects and rodents.

Only equipment directly related to processing operations or to handling of containers, utensils, and equipment shall be permitted in the pasteurizing, processing, cooling, packaging, and bulk milk storage rooms.

10. Sanitary piping. All sanitary piping, fittings, and connections which are exposed to milk or milk products, or from which liquids may drip, drain, or be drawn into milk or milk products, shall consist of smooth, impervious, corrosionresistant, nontoxic, easily cleanable material. All piping shall be in good repair. Pasteurized milk and milk products shall be conducted from one (1) piece of equipment to another only through sanitary piping. Provided that cottage cheese, cheese dressings, or cheese ingredients may be transported by other methods which protect the product from contamination.

11. Construction and repair of containers and equipment.

All multi-use containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, corrosion-resistant, nontoxic material, shall be constructed for ease of cleaning, and shall be kept in good repair. All singleservice containers, closures, gaskets, and other articles with which milk or milk products come in contact shall be nontoxic and shall have been manufactured, packaged, transported, and handled in a sanitary manner. Articles intended for singleservice use shall not be reused.

12. Cleaning and sanitizing of containers and equipment.

The product-contact surfaces of all multi-use containers, utensils, and equipment used in the transportation, processing, handling, and storage of milk or milk products shall be effectively cleaned and shall be sanitized before each use.

13. Storage of cleaned containers and equipment. After cleaning, all multi-use milk or milk product containers, utensils, and equipment shall be transported and stored to assure complete drainage and shall be protected from contamination before use.

14. Storage of single-service containers, utensils, and materials. Single-service caps, cap stock, parchment paper, containers, gaskets, and other single-service articles for use in contact with milk and milk products shall be purchased and stored in sanitary tubes, wrappings, or cartons, shall be kept in a clean, dry place until used, and shall be handled in a sanitary manner.

15. Protection from contamination. Milk plant operations, equipment, and facilities shall be located and conducted to prevent any contamination of milk or milk products, ingredients, equipment, containers, and utensils. All milk or milk products or ingredients which have spilled, overflowed, or leaked shall be discarded. The processing or handling of products other than fluid milk and milk products in the pasteurization plant shall be performed to preclude the contamination of milk and milk products. The storage, handling, and use of poisonous or toxic materials shall be performed to preclude the contamination of milk and milk products, the ingredients of milk and milk products, or the product-contact surfaces of all equipment, containers, or utensils.

16. Cooling of milk. All raw milk and milk products shall be maintained at forty-five degrees Fahrenheit (45 °F) (7 °C) or less until processed. All pasteurized milk and milk products, except those to be cultured, shall be cooled immediately prior to filling or packaging in approved equipment to a temperature of forty-five degrees Fahrenheit (45 °F) (7 °C) or less. All pasteurized milk and milk products shall be stored at a temperature of forty-five degrees Fahrenheit (45 °F) (7 °C) or less. On delivery vehicles, the temperature of milk and milk products shall not exceed fifty degrees Fahrenheit (50 °F) (10 °C). Every room or tank in which milk or milk products are stored shall be equipped with an accurate thermometer.

17. Bottling and packaging. Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. Provided that cottage cheese may be transported in sealed containers in a protected, sanitary manner from one (1) plant to another for creaming, packaging, or both.

18. Capping. Capping or closing of milk and milk product containers shall be done in a sanitary manner by approved mechanical capping, closing equipment, or both. The cap or closure shall be designed and applied in a manner that the pouring lip is protected to at least its largest diameter and with respect to fluid product containers, removal cannot be made without detection.

19. Personnel—cleanliness. Hands shall be thoroughly washed before commencing plant functions and as often as may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing his/her hands. All persons shall wear clean outer garments while engaged in the processing, pasteurization, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils. All persons, while engaged in the processing of milk or milk products, shall wear adequate hair coverings and shall not use tobacco.

20. Vehicles. All vehicles used for transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at forty-five degrees Fahrenheit (45 °F) (7 °C) or less, and are protected from sun, freezing, and contamination.

21. Surroundings. Milk plant surroundings shall be kept neat, clean, and free from conditions which might attract or harbor flies, other insects, and rodents or which otherwise constitutes a nuisance.

2 CSR 80-2.080 Animal Health {#sec-2-csr-80-2.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.080}

2 CSR 80-2.090 Transferring, Delivery Containers—Cooling {#sec-2-csr-80-2.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.090}

2 CSR 80-2.091 Milk and Milk Products Which May Be Sold {#sec-2-csr-80-2.091 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.091}

Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Amended:

Filed March 13, 2012, effective Sept. 30, 2012. Amended: Filed July 23, 2014, effective Jan. 30, 2015. Amended: Filed April 22, 2016, effective Oct. 30, 2016. Rescinded: Filed April 30, 2018, effective Nov. 30, 2018.

History

• AUTHORITY: section 196.939, RSMo 2000. Original rule filed March 11, 1980, effective July 1, 1980. Amended: Filed Feb. 1, 1990, effective April 26, 1990. Amended: Filed Feb. 15, 2007, effective July 30, 2007.

2 CSR 80-2.100 Future Dairy Farms and Milk Plants {#sec-2-csr-80-2.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.100}

History

• AUTHORITY: section 196.934, RSMo 1978. Original rule filed April

2 CSR 80-2.101 Transferring; Delivery Containers; Cooling July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Amended: Filed March 13, 2012, effective Sept. 30, 2012. {#sec-2-csr-80-2.101 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.101}

2 CSR 80-2.110 Milk and Milk Products from Points Beyond the Limits of Routine Inspection April 20, 1973, effective April 30, 1973. Rescinded and readopted: {#sec-2-csr-80-2.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.110}

Filed March 11, 1980, effective July 1, 1980. Amended: Filed Feb. 1, 1990, effective April 26, 1990. Amended: Filed Feb. 15, 2007, effective July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Amended: Filed March 13, 2012, effective Sept. 30, 2012.

2 CSR 80-2.120 Procedure When Infection Is Suspected {#sec-2-csr-80-2.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.120}

2 CSR 80-2.121 Future Dairy Farms and Milk Plants {#sec-2-csr-80-2.121 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.121}

2 CSR 80-2.130 Personnel Health {#sec-2-csr-80-2.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.130}

2 CSR 80-2.140 Enforcement {#sec-2-csr-80-2.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.140}

2 CSR 80-2.141 Procedure When Infection is Suspected July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. Amended: Filed March 13, 2012, effective Sept. 30, 2012. {#sec-2-csr-80-2.141 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.141}

2 CSR 80-2.150 Unconstitutionality Clause {#sec-2-csr-80-2.150 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.150}

2 CSR 80-2.151 Enforcement {#sec-2-csr-80-2.151 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.151}

2 CSR 80-2.160 Adoption of Grade A Pasteurized Milk Ordinances, 1965 Recommendations of the United States Public Health Service by Reference {#sec-2-csr-80-2.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.160}

History

• AUTHORITY: section 196.939, RSMo 1978. Original ruled filed April 20, 1973, effective April 30, 1973. Rescinded: March 10, 1980,

2 CSR 80-2.161 Penalty {#sec-2-csr-80-2.161 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.161}

2 CSR 80-2.170 Separability Clause effective April 26, 1990. Amended: Feb. 15, 2007, effective July 30, 2007. Amended: Filed Aug. 3, 2009, effective Jan. 30, 2010. {#sec-2-csr-80-2.170 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.170}

2 CSR 80-2.180 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2017 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration {#sec-2-csr-80-2.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.180}

(Moved to 2 CSR 80-2.001)

2 CSR 80-2.181 Adoption of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administr ation Program of the National Conference on Interstate Milk Shipments, 2017 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, and the National Conference on Interstate Milk Shipments {#sec-2-csr-80-2.181 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.181}

(Moved to 2 CSR 80-2.002)

2 CSR 80-2.190 State Milk Board Grade “A” Milk Policies {#sec-2-csr-80-2.190 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-2.190}

PURPOSE: This rule provides for the adoption into regulation of certain policies of the State Milk Board. None of the following regulations should be interpreted to conflict with existing regulations set forth at 2 CSR 80-2 et seq.

(1) Added Water as Milk Adulterant.

(A) Samples for added water shall be collected and analyzed at least once each six (6) months. Compliance is based on a freeze point of −0.525 degrees centigrade. After five (5) days from the date of notice of the first unsatisfactory sample, a second sample should be collected and analyzed for added water. If the producer’s second sample violates the freeze point test, the State Milk Board will automatically suspend the producer’s permit. The producer’s permit shall remain suspended until the producer’s milk passes the freeze point test. A repeat violation of the freeze point test within a six- (6-) month period following a permit suspension for added water will result in immediate suspension of the producer’s permit. Repeated offenses during the same six- (6-) month period may result in permit revocation after a hearing before the State Milk Board. No on-farm inspection for permit reinstatement is required after an addedwater violation.

(2) Authentic Freeze Point Procedure.

(A) In order to obtain uniformity in establishing an authentic freezing point, the following procedure should be implemented:

1. The producer must request the assistance for the establishment of an authentic freeze point to the State Milk Board in writing;

2. The State Milk Board will notify the servicing sanitarian and fieldman of the request. In the absence of a fieldman, two (2) sanitarians from the State Milk Board or its agent should implement the procedure;

3. On the date of the test, the producer must make sure to— A. Thoroughly wash, rinse, and sanitize all milk contact surfaces after the morning milking and milk pickup;

B. Maintain all milk contact surfaces in a manner to allow complete drainage, including the pump and all low points in the milking equipment to eliminate any entrapped water;

C. Not allow milk contact surfaces to be sanitized or allow any water to come in contact with any milk contact surfaces after the State Milk Board or its agents have arrived for testing;

D. Not dip inflations between dairy animals or perform any procedure that could allow any water to enter the milk supply; and E. Prepare for and perform evening milking as normal;

4. At the conclusion of the milking procedure, the producer should not flush the pipeline with water while the pipeline is attached to the bulk tank. This is a prohibited procedure at any time. As soon as the milk has entered the bulk tank and has remained quiescent for at least five (5) minutes, the State Milk Board or its agent should measure the milk, take a sample of the milk, and place it on ice immediately;

5. The producer must follow the procedures outlined in paragraph (2)(A)3. above in order to allow all cleaned and sanitized surfaces to drain overnight;

6. Thirty (30) minutes prior to normal milking time the next morning, the State Milk Board or its agents should measure the milk in the bulk milk tank after a quiescent period of at least five (5) minutes. Next, the State Milk Board or its agents should agitate the milk thoroughly and collect a second sample;

7. The producer should follow the same procedure utilized in the previous milking to ensure that no water is allowed to come in contact with, or obtain entrance into, the milk supply;

8. At the end of the second milking, the State Milk Board or its agent must thoroughly agitate the milk and collect a sample;

9. The State Milk Board or its agent should transport the three (3) milk samples on ice directly to an approved milk testing laboratory. The laboratory should be notified in advance and arrangements should be made to conduct the freeze point test. The sample collected at the end of the first milking and the sample collected prior to the beginning of the second milking should provide a freezing point of a variance not greater than −0.002 degrees centigrade. There may be a slight variance in the two (2) samples as carbon dioxide in milk passes off as a gas between the night and morning milkings.

If the variance is greater than −0.002 degrees centigrade, the milk itself was altered between milkings by something other than the release of carbon dioxide. To prevent such an occurrence, the producer should lock the milk house door between these tested milkings; and 10. If the authentic freeze point procedure outlined in this

regulation is used, the producer will document the procedure and provide documentation to the State Milk Board. The samples collected immediately after the two (2) milkings will be the official non-water freezing record for the producer. For enforcement purposes, the producer will be allowed a freezing point of −0.005 degrees centigrade less than the results of the lowest number of the two (2) officially tested samples that were collected after the evening and morning milkings. Once established, the authentic freezing point will remain in effect for a producer until the producer’s feeding program or herd is substantially changed.

(3) Drug Residue Test.

(A) Whenever a drug residue test is found to be positive, the State Milk Board shall immediately suspend the producer’s permit.

(4) Appendix N.

(A) Whenever a bulk milk truck tank tests positive for antibiotic drug residue, the State Milk Board shall randomly verify the disposition of at least ten percent (10%) of milk tank truck loads. A memo for record of this verification will be attached to the Appendix N report.

(5) Water for Use in Milk House.

(A) Water sampling procedure for water used in the milk house will be as follows:

1. Three (3) consecutive unsatisfactory water samples shall result in a degrade;

2. Sixty (60) days is the maximum time allowed between the second bad sample collected and degrading sample collection;

3. A producer’s permit is considered to be under warning during the interval that the water sample is testing unsafe. A new well or continuous disinfection system of the well should be considered a new water source and would result in a return to regulatory procedure step one above;

4. It is not the duty of the sanitarian to witness, or participate in, the act of chlorination; and 5. A producer who previously has incurred three (3) consecutive bad samples as a Grade “A” producer must be given thirty (30) days as a manufacturing grade producer in which to obtain a well water sample in compliance with state regulations.

(6) Permit Suspension.

(A) Following an initial inspection or a reinstatement inspection, a new producer or a producer under permit suspension must ship milk within seven (7) calendar days or one hundred sixty-eight (168) hours. If milk is not shipped within the required time, the barn must be re-inspected to maintain sanitary conditions prior to milk marketing.

(B) Producers who incur three (3) permit suspensions within a twelve- (12-) month period shall appear before the State Milk Board or its agents for a pre-hearing. If the producer incurs an additional suspension in the following six (6) months, the producer may request a hearing before the State Milk Board.

(C) Appendix N Violations. A pre-hearing will be held after two (2) violations for antibiotics in a twelve- (12-) month period, and a third antibiotics violation in a twelve- (12-) month period will result in a permit revocation hearing before the State Milk Board.

(D) A clearing sample is required before shipping milk.

(7) Grade “A” Permits Automatically Degraded After One Hundred Eighty (180) Days of Inactivity.

(A) A Grade “A” permit issued to a producer that is in degrade status for one hundred eighty (180) consecutive days will be eliminated from the records. A producer that has lost a permit in this manner will need to reapply and comply with existing Grade “A” standards before obtaining a new permit.

All producers issued a new Grade “A” permit will be placed on accelerated sampling in accordance with the current Grade “A”

Pasteurized Milk Ordinance to establish a quality history.

(8) Milk Procurers.

(A) Milk procurers may pick up Grade “A” producers being diverted to manufacturing utilization along with producers of the manufacturing market when arrangements can be made for providing samples and other necessary information.

(9) Route Trucks.

(A) When a farm milk truck delivers a load of milk to a plant or receiving location, the truck may start a second route without general washing and sanitizing within one (1) hour from emptying to first milk picked up except when the milk delivered is found to be contaminated with chemicals such as antibiotics.

(10) Access to Dairy Farm.

(A) Dairy farmers shall provide serviceable access to the dairy through a properly maintained road or driveway. Each road or driveway must be reasonably free of ruts, ridges, potholes, overhanging limbs, and any other attributes that will damage or contaminate the entering service vehicles, including milk trucks. It is the dairy farmer’s responsibility to clear winter events of ice and snow to assure access for milk collection in accordance with these regulations.

(11) Farm Bulk Milk Collections.

(A) Farm bulk milk collections shall be made at least once every seventy-two (72) hours or every third day. Extended pickups may be granted by individual request to the executive secretary of the State Milk Board provided the safety and quality of milk is maintained and the delayed collection does not extend beyond the limit allowed by law. In the event of a natural disaster or emergency limiting milk pickups beyond the control of the hauler or producer, this regulation may be waived across specified geographic regions as needed.

(12) Milking Time Inspections—When Required.

(A) A milking time inspection shall be conducted on a new producer.

(B) A milking time inspection should be conducted when reinstating a producer permit that has been suspended for high bacteria counts, sanitation violations, or antibiotics and/ or other adulterants. If it is impractical to conduct a milking time inspection at the time of reinstatement, the milking time inspection must be made within a reasonable amount of time following reinstatement. An inspection following reinstatement after suspension for somatic cell count violations is not required.

(C) Additional milking time inspections should be made in relation to producer problems at the designation of the State Milk Board or its designated representative.

(D) A milking inspection will be made on every producer within a reasonable time frame.

(13) Distributors.

(A) This regulation affects inspection and permitting of distributors.

1. A distributor number is “D” plus the required number of digits in each contractee’s permit number series.

2. “Distributor” is defined as an individual or company that handles finished dairy products beyond the responsibility of the dairy plant and prior to delivery to retailers and/or consumers and any milk processing plant-owned branch operation in which a permanent or mobile-milk cooler is operated.

3. Distribution permits shall be issued by the contractee responsible for the area in which the distributor is located.

4. Permanent branch or independent distributing points, such as milk coolers, will be inspected at least once each twelve (12) months according to the following current Grade “A” Pasteurized Milk Ordinance items:

A. Item 2p. Walls and Ceilings – Construction;

B. Item 6p. Toilet-Sewage Disposal Facilities;

C. Item 7p. Water Supply;

D. Item 8p. Handwashing Facilities;

E. Item 15p. Protection from Contamination;

F. Item 17p. Cooling of Milk and Milk Products;

G. Item 20p. Personnel–Cleanliness;

H. Item 21p. Vehicles; and I. Item 22p. Surroundings.

5. Mobile distributors will be inspected once every twelve (12) months and checked for the following current Grade “A”

Pasteurized Milk Ordinance items:

A. Item 15p. Protection from Contamination;

B. Item 17p. Cooling of Milk and Milk Products;

C. Item 20p. Personnel–Cleanliness;

D. Item 21p. Vehicles; and E. Item 22p. Surroundings.

(14) Sanitizers.

(A) To be acceptable for use as a chemical sanitizer for milk contact surfaces, a product must— 1. Be clearly marked with an Environmental Protection Agency (EPA) registration number on its label;

2. Be clearly marked with instructions on the label, or instructions must be posted in the milk room that it is for use on milk contact surfaces;

3. Include a simple, practical test available to determine the strength of the sanitizing solution; and 4. Comply with the requirements of Appendix F of the current Grade “A” Pasteurized Milk Ordinance.

(B) The State Milk Board recognizes and accepts the use of certain quaternary ammonium compounds (QAC) as chemical sanitizers for milk contact surfaces provided the QAC meets the preceding requirements of policy 14, part 1-a, b, c, d, and 21 CFR 178.1010 with the exception: QACs are not acceptable sanitizers for sampling equipment. Since chlorhexidine is not listed in 21 CFR 178.1010, it is unacceptable as a sanitizer for dairy equipment, udders, and teats of dairy animals.

(15) Adequate Cooling.

(A) Adequate cooling of Grade “A” milk as required by the current Grade “A” Pasteurized Milk Ordinance is adversely affected if the first milking into a farm bulk tank does not touch the agitator making the milk in this instance non-grade “A” for marketing purposes. The portion of an agitator used for washing (spatter spray) is not acceptable for agitating milk.

(16) Transfer from One Milk Marketing Agency to Another.

(A) When a producer requests a transfer from one milk marketing agency to another, there is a mandatory three- (3-) day waiting period after receipt of the transfer requested by the contracted inspection agency excluding weekends and holidays.

The three- (3-) day period may be waived when agreeable to both marketing agencies.

(17) Barn Plans.

(A) Barn plan review is to be accomplished by the State Milk Board or its agents provided these plans conform to the current Grade “A” Pasteurized Milk Ordinance and the current State Milk Board Informational Guide for Construction and Reconstruction of Milking Facilities as adopted by the State Milk Board. A copy of approved barn plans must be filed with the State Milk Board office. Barn plans that deviate from these requirements may be submitted to the State Milk Board for review and approval along with recommendation by the local inspection agency regarding recommended approval or disapproval of the plan.

(B) Each approved barn plan must identify all equipment and show dimensions and location including pipe lengths and physical break locations. All location of equipment and dimensions must be clearly shown in accordance with the informational guide. Other facilities to be shown are: vestibule, feed room, toilet rooms, equipment storage, stanchions, operator pit, steps, location dairy animals enter and exit, type of barn, dairy animal holding area, and housing area when

part of contingent construction.

(C) The barn plan should show all dimensions drawn to scale as indicated.

(D) The name of the sanitarian/inspector when servicing the facility must be identified.

(E) Identify the preparer of the plan by name and affiliation.

(F) Identify the name and address of the person for whom the plan is developed.

History

• AUTHORITY: section 196.939, RSMo 2016. Original rule filed June 21, 2011, effective Dec. 30, 2011. Amended: Filed April 30, 2018, effective Nov. 30, 2018. Amended: Filed Sept. 4, 2020, effective March 30, 2021. Amended: Filed June 3, 2022, effective Dec. 30, 2022.

Chapter 3 Production and Distribution of Grade "A" Raw Milk and Milk Products

2 CSR 80-3.001 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2019 Revision of the United States Department of Health and Human {#sec-2-csr-80-3.001 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.001}

2 CSR 80-3.020 The Sale of Adulterated, Ungraded, or Misbranded Milk or Milk {#sec-2-csr-80-3.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.020}

2 CSR 80-3.050 Inspection of Production and Distribution Facilities {#sec-2-csr-80-3.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.050}

2 CSR 80-3.090 Transferring or Dipping Milk: Delivery Containers; Cooling; {#sec-2-csr-80-3.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.090}

2 CSR 80-3.130 Adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2015 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration by Reference AGRICULTURE Distribution of Grade “A” Raw Milk and Milk Products {#sec-2-csr-80-3.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.130}

2 CSR 80-3.001 Adoption of the Grade “A” {#sec-2-csr-80-3.001 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.001}

Pasteurized Milk Ordinance (PMO), 2019 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration

PURPOSE: This rule provides for the adoption of the Grade “A” Pasteurized Milk Ordinance (PMO), 2019 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration which is the recommended ordinance for adoption by state and local governments for the sanitary control of Grade “A” milk and milk products.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Grade “A” Pasteurized Milk Ordinance (PMO), 2019 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration establishes minimum standards which must be complied with for satisfactorily producing and for processing Grade “A” raw milk for pasteurization and Grade “A” pasteurized milk and milk products in Missouri. The document further contains administrative procedures, which provide information as to satisfactory compliance with the required items of sanitation.

The Grade “A” Pasteurized Milk Ordinance (PMO), 2019 Revision is hereby incorporated by reference as published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Division of Plant and Dairy Food (HFS-316), 5100 Paint Branch Parkway, College Park, MD 20740-3835.

This rule does not incorporate any subsequent amendments or additions to the Pasteurized Milk Ordinance (PMO).

Original rule filed Sept. 17, 2020, effective April 30, 2021.

2 CSR 80-3.010 Definitions {#sec-2-csr-80-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.010}

Filed April 30, 2018, effective Nov. 30, 2018.

Rescinded: Filed Sept. 17, 2020, effective April 30, 2021.

History

• AUTHORITY: section 196.939, RSMo 2016.

2 CSR 80-3.020 The Sale of Adulterated, Ungraded, or Misbranded Milk or Milk Products Prohibited {#sec-2-csr-80-3.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.020}

PURPOSE: This rule provides for the control of adulterated, ungraded, or misbranded Grade “A” Raw milk or milk products, or a combination of these. This rule corresponds with Section 2 of the federal Grade “A”

Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-3.001.

(1) No person shall produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, within the state of Missouri, or its jurisdiction, any milk or milk product which is adulterated or misbranded.

Provided that, in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the regulatory agency, in which case those products shall be labeled ungraded.

(2) Any adulterated or misbranded milk or milk product may be impounded under proper authority by the regulatory agency and disposed of in accordance with applicable laws or regulations, including the Grade “A”

Pasteurized Milk Ordinance, as adopted in 2 CSR 80-3.001.

2 CSR 80-3.030 Permits {#sec-2-csr-80-3.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.030}

PURPOSE: This rule provides for the issuance of permits to individuals involved in the production and distribution of Grade “A” raw milk and milk products.

(1) Every producer-distributor producing and distributing Grade “A” raw milk under terms of these regulations shall secure a permit from the state authority. Only a person who complies with the requirements of these regulations shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons, locations, or both.

2 CSR 80-3.040 Labeling {#sec-2-csr-80-3.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.040}

PURPOSE: This rule provides regulations for the proper labeling of Grade “A” raw milk or milk products.

(1) All containers shall be plainly labeled Grade “A” Raw with the name of the contents, net volume of contents, plant number, and the name and address of the producerdistributor. Label must include “WARNING:

This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.”

(2) The label shall be in letters of an approved size, kind, and color and shall contain no marks or words which are misleading.

2 CSR 80-3.050 Inspection of Production and Distribution Facilities {#sec-2-csr-80-3.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.050}

Filed Sept. 17, 2020, effective April 30, 2021.

History

• AUTHORITY: section 196.939, RSMo 2000. 2012, effective Jan. 30, 2013. Rescinded:

2 CSR 80-3.060 The Examination of Milk and Milk Products {#sec-2-csr-80-3.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.060}

PURPOSE: This rule specifies sampling frequency and required chemical, pathological, and bacteriological test to be conducted on Grade “A” raw milk and milk products.

(1) During each six- (6-) month period, at least four (4) samples of milk, cream, or both, from each producer-distributor shall be taken on separate days and examined at a State of Missouri approved laboratory.

Samples may be taken any time prior to the final delivery of the milk or milk products.

Bacterial plate counts, somatic cell counts, coliform counts, cooling temperature, and other laboratory and screening tests shall conform to the procedures in the most current edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association as recommended by the Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-3.001.

(2) Whenever two (2) of the last four (4) consecutive bacterial plate counts, somatic cell counts, coliform counts, and cooling temperature taken on separate days, exceeds the limit of the standards for the milk, milk product, or both, the state authority shall send a written notice to the producer and/or distributor concerned. This notice shall be in effect so long as two (2) of the last four (4) consecutive samples exceed the limit of the standard. An additional sample shall be taken within fourteen (14) days of the sending of the notice, but not before the lapse of three (3) days. Immediate suspension of the permit in accordance with 2 CSR 80-3.030, the court action, or both, shall be instituted whenever the standard is violated by three (3) of the last five (5) bacterial plate counts, somatic cell counts, coliform counts, and cooling temperature.

(3) At issuance of permit, and two (2) times during each twelve (12) month period, thereafter, a sample must be taken prior to the final delivery of the milk or milk products and tested for the presence of pathogenic bacteria including Salmonella, Listeria monocytogenes, Campylobacter, and E. Coli 0157:H7. There shall be no pathogenic bacteria detected. Should a sample test positive for pathogenic bacteria including Salmonella, Listeria monocytogenes, Campylobacter, or E. Coli 0157:H7 the state authority shall send written notice of suspension to distribute to the producer and/or distributor. This notice shall be in effect until a clearing sampling is obtained for distribution of product. At the discretion of the Missouri State Milk Board, pathogen isolates obtained from the milk or milk products must be tested by whole genome sequencing. All pathogen testing must be reported to the Missouri State Milk Board within seventy-two (72) hours from the date the results were issued. State Milk Board is responsible for initial regulatory sampling and testing and one (1) sampling and testing per year thereafter. The Grade “A” Raw Milk permit holder is responsible to arrange sampling and pay for testing one (1) time each year and for clearing sampling and testing. 30, 2016. Amended: Filed April 30, 2018, effective Nov. 30, 2018. Amended: Filed Nov. 6, 2020, effective May 30, 2021.

2 CSR 80-3.070 The Grading of Milk and Milk Products {#sec-2-csr-80-3.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.070}

PURPOSE: This rule provides standards which Grade “A” raw milk and milk products must meet.

(1) Grades shall be based on the following standards, the grading of milk products being identical with the grading of milk, except that the bacterial count standards shall be doubled in the case of cream. The grade of milk product shall be that of the lowest grade of milk product used in its preparation.

(A) Grade “A” raw milk is raw milk produced upon dairy farms conforming with all of the following items of sanitation. The bacterial plate count of the milk shall not exceed twenty thousand (20,000) per milliliter and not more than ten (10) coliform per milliliter as determined in accordance with 2 CSR 80- 3.001.

1. Cow health. All herds and additions shall be tested and found free of tuberculosis before any milk is sold, and all herds shall be retested at least every twelve (12) months thereafter until accredited or certified by the United States Department of Agriculture as a tuberculosis-free herd. The tests and retests shall be made and any reactors disposed of, in accordance with the latest requirements approved by the United States Department of Agriculture (USDA), for tuberculosis-free accredited herds, in effect at the time of the adoption of these regulations. A certificate identifying each animal signed by the veterinarian or attested to by the state authority, and filed as directed by the state authority, shall be evidence to the previously-mentioned test.

A. All herds and additions shall be tested and found free of brucellosis before any milk is sold, and all herds shall be retested at least every twelve (12) months thereafter until accredited or certified by the United States Department of Agriculture as a brucellosis-free herd. Tests and retests shall be made, and any reactors disposed of in accordance with the latest requirements by the USDA, in effect at the time of the adoption of these rules. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test and filed as directed by the state authority, shall be evidence of the previous test.

B. Cows which show a complete induration of one (1) quarter or extensive induration in one (1) or more quarters of the udder, upon physical examination whether secreting abnormal milk or not, shall be permanently excluded from the milking herd, provided that this shall not apply in the case of quarter that is completely dry. Cows giving bloody, stringy, or otherwise abnormal milk, but without entire or extensive induration of the udder, shall be excluded from the herd until reexamination shows that the milk has become normal.

C. For other diseases, such tests and examinations as the state authority may require after consultation with state livestock sanitary officials shall be made at intervals and by methods prescribed by him/her, and any diseased animals or reactors shall be disposed of as s/he may require.

June 30, 1973. Amended: Filed April 30, 2010, effective Nov. 30, 2010. Amended: Filed July 24, 2012, effective Jan. 30, 2013.

Amended: Filed Nov. 6, 2020, effective May 30, 2021.

2 CSR 80-3.080 Suspension and Reinstatement of Permit pertaining to the suspension and reinstatement of permits. {#sec-2-csr-80-3.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.080}

(1) If at any time a lower grade shall become justified, the state authority immediately (4/30/21) JOHN R. ASHCROFT shall suspend the permit in accordance with 2 CSR 80-3.001 or 2 CSR 80-3.070. This rule corresponds with Section 3 of the federal Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-3.001.

2 CSR 80-3.090 Transferring or Dipping Milk: Delivery Containers; Cooling; {#sec-2-csr-80-3.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.090}

Quarantined Residences pertaining to transferring or dipping of milk, delivery containers, cooling, and quarantined residences.

(1) Except as permitted in this rule, no milk producer/distributor shall transfer milk or milk products from one (1) container to another on the street, or in any vehicle or store, or in any place except a bottling or milkroom especially used for that purpose.

The sale of dip milk is prohibited.

(2) Milk and cream sold in the distributor’s containers in quantities of one (1) gallon or less shall be delivered in standard milk bottles or in single-service containers.

(3) It shall be the duty of all persons to whom milk or milk products are delivered to thoroughly clean the containers in which the milk or milk products are delivered before returning those containers.

(4) The delivery of milk or milk products to, and the collection of milk or milk product containers from, residences in which cases of communicable disease transmissible through milk supplies exist shall be subject to the special requirements of the state authority.

2 CSR 80-3.100 Notification of Disease {#sec-2-csr-80-3.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.100}

PURPOSE: This rule provides regulations for the notification of disease to the state authority.

(1) No person with any disease in a communicable form or who is a carrier of a communicable disease shall work at any dairy farm or milk plant in any capacity which brings him/her into contact with the production, handling, storage, or transportation of milk, milk products, containers, or equipment; and no dairy farm or milk plant shall employ in any such capacity any such person or any person suspected of having any disease in a communicable form or of being a carrier of a communicable disease. Any producer or distributor of milk or milk products upon whose dairy farm, or in whose milk plant, any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of a communicable disease shall notify the state authority immediately.

2 CSR 80-3.110 Procedure When Infection is Suspected pertaining to the procedure when infection is suspected. {#sec-2-csr-80-3.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.110}

(1) When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the state authority is authorized to require any of the following measures:

(A) The immediate exclusion of that person from milk handling;

(B) The immediate exclusion of the milk supply concerned from distribution and use; and (C) Adequate medical and bacteriological examination of the person, of his/her associates, and of his/her and their body discharges.

2 CSR 80-3.120 Enforcement Interpretation {#sec-2-csr-80-3.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.120}

History

• AUTHORITY: section 196.939, RSMo 2016. 30, 2016. Amended: Filed April 30, 2018, effective Nov. 30, 2018. Rescinded: Filed Sept. 17, 2020, effective April 30, 2021.

2 CSR 80-3.130 Adoption of the Grade “A” {#sec-2-csr-80-3.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-3.130}

Pasteurized Milk Ordinance (PMO), 2015 Revision of the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration by Reference (Rescinded November 30, 2018)

History

• AUTHORITY: section 196.939, RSMo 2000. 30, 2016. Rescinded: Filed April 30, 2018, effective Nov. 30, 2018.

Chapter 4 Grade "A" Raw Milk for Pasteurization and Grade "A" Milk or Milk Products from Points Beyond the Limits of Routine Inspection

2 CSR 80-4.010 Rules for Import Milk {#sec-2-csr-80-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-4.010}

PURPOSE: This rule outlines regulations of the State Milk Board concerning imported Grade “A” milk or milk products.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) The following regulations apply to section 196.949, RSMo Supp. 2013, and the Grade “A” Pasteurized Milk Ordinance (PMO), as adopted in 2 CSR 80-2.001; except that in addition to these requirements, the following shall also apply:

(A) Labeling and advertising of products must be in compliance with 196.075, RSMo; and (B) Fees established annually by the State Milk Board to cover the cost of sample collection and analysis along with administration of the program shall be paid on a monthly

basis to the State Milk Board by the owner or manager of the milk source by the twentieth of each month for the preceding calendar month.

Filed Aug. 25, 1981, effective Jan. 14, 1982.

Amended: Filed March 13, 2012, effective Sept. 30, 2012. Amended: Filed July 23, 2014, effective Jan. 30, 2015. Amended:

Filed April 22, 2016, effective Oct. 30, 2016.

Amended: Filed April 30, 2018, effective Nov. 30, 2018. *Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995 and 196.949, RSMo 1972, amended 2006.

JOHNR. ASHCROFT(10/31/18)

Milk Products from Points Beyond the Limits of Routine Inspection2 CSR 80-4

History

• AUTHORITY: sections 196.939 and 196.949, RSMo 2016. Original rule filed May 3, 1976, effective Sept. 11, 1976. Amended:

Chapter 5 Inspections

2 CSR 80-5.010 Inspection Fees {#sec-2-csr-80-5.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-5.010}

PURPOSE: This rule complies with section 196.945, RSMo, to set inspection fees for Fiscal Year 2027 for milk produced on farms inspected by the State Milk Board and milk imported from points beyond the limits of routine inspection.

(1) The inspection fee for Fiscal Year 2027 (July 1, 2026–June 30, 2027) shall be four cents (4¢) per hundred weight on milk produced on farms inspected by the State Milk Board or its con tracted local authority and four cents (4¢) per hundred weight on milk imported from areas beyond the points of routine inspection.

Amended: Filed Feb. 19, 1981, effective July 11, 1981. Amended:

Filed May 10, 1982, effective Aug. 12, 1982. Amended: Filed March 24, 1983, effective July 13, 1983. Amended: Filed April 6, 1984, effective July 13, 1984. Amended: Filed April 10, 1985, effective July 13, 1985. Amended: Filed April 4, 1986, effective July 11, 1986.

Amended: Filed April 17, 1987, effective July 11, 1987. Amended:

Filed March 11, 1988, effective July 1, 1988. Amended: Filed March 27, 1989, effective July 1, 1989. Amended: Filed April 3, 1990, effective June 30, 1990. Amended: Filed March 4, 1991, effective July 8, 1991. Amended: Filed April 13, 1992, effective Sept. 6, 1992.

Amended: Filed April 27, 1993, effective Oct. 10, 1993. Emergency amendment filed April 12, 1994, effective July 1, 1994, expired Oct. 28, 1994. Amended: Filed April 12, 1994, effective Sept. 30, 1994.

Emergency amendment filed May 30, 1995, effective July 1, 1995, expired July 29, 1995. Amended: Filed Feb. 15, 1995, effective July 30, 1995. Amended: Filed Jan. 12, 1996, effective June 30, 1996.

Amended: Filed May 6, 1998, effective Nov. 30, 1998. Amended:

Filed Feb. 18, 1999, effective Sept. 30, 1999. Amended: Filed Jan. 14, 2000, effective July 30, 2000. Amended: Filed March 30, 2001, effective Sept. 30, 2001. Amended: Filed Jan. 30, 2002, effective July 30, 2002. Amended: Filed Feb. 28, 2003, effective Aug. 30, 2003.

Amended: Filed April 5, 2004, effective Sept. 30, 2004. Amended:

Filed April 11, 2005, effective Oct. 30, 2005. Amended: Filed March 1, 2006, effective Sept. 30, 2006. Amended: Filed June 15, 2007, effective Dec. 30, 2007. Amended: Filed Feb. 24, 2011, effective Aug. 30, 2011. Amended: Filed June 5, 2012, effective Dec. 30, 2012.

Amended: Filed July 23, 2013, effective Feb. 28, 2014. Amended:

Filed July 23, 2014, effective Jan. 30, 2015. Amended: Filed March 18, 2015, effective Sept. 30, 2015. Amended: Filed March 22, 2016, effective Sept. 30, 2016. Amended: Filed March 21, 2017, effective Sept. 30, 2017. Amended: Filed April 30, 2018, effective Nov. 30, 2018. Amended: Filed March 1, 2019, effective Sept. 30, 2019.

Amended: Filed Feb. 7, 2020, effective Sept. 30, 2020. Amended:

Filed May 4, 2021, effective Nov. 30, 2021. Amended: Filed June 3, 2022, effective Dec. 30, 2022. Amended: Filed Jan. 9, 2023, effective July 30, 2023. Amended: Filed Nov. 7, 2023, effective June 30, 2024.

Amended: Filed Sept. 10, 2024, effective April 30, 2025. Amended:

Filed Oct. 6, 2025, effective May 30, 2026. *Original authority: 196.939, RSMo 1972, amended 1993, 1994, 1995.

History

• AUTHORITY: section 196.939, RSMo 2016. Original rule filed April 12, 1977, effective Sept. 11, 1977. Amended: Filed Dec. 21, 1977, effective Aug. 11, 1978. Amended: Filed Feb. 13, 1979, effective Aug. 11, 1979. Amended: Filed March 10, 1980, effective July 1, 1980.

Chapter 6 Requirements for the Missouri Dairy Law

2 CSR 80-6.011 Specifications for the Construction and Operation of Facilities and Installation of Equipment for the Production and Processing of {#sec-2-csr-80-6.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.011}

2 CSR 80-6.031 Provisional Licensing for Fieldsmen, Grader and Bulk Milk Truck {#sec-2-csr-80-6.031 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.031}

2 CSR 80-6.041 Dairy Manufacturing Plant, Dairy Manufacturing Farm, and Personnel Dairy Law {#sec-2-csr-80-6.041 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.041}

2 CSR 80-6.011 Specifications for the Construction and Operation of Facilities and Installation of Equipment for the Production and Processing of Manufacturing Milk and Milk Products {#sec-2-csr-80-6.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.011}

PURPOSE: This rule complies with section 196.540, RSMo, to establish specifications for the construction and operation of facilities for the production and processing of manufacturing milk.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Missouri State Milk Board adopts by reference the United States Department of Agriculture, Agriculture Marketing Service, Dairy Program’s recommended requirements entitled “Milk for Manufacturing Purposes and Its Production and Processing.” “Milk for Manufacturing Purposes and Its Production and Processing” recommended requirements published by the United States Department of Agriculture establishes minimum standards which must be complied with for satisfactorily producing and processing manufacturing grade milk and manufacturing grade milk products.

(2) This is Missouri’s addendum to the adopted United States Department of Agriculture, Agriculture Marketing Service, Dairy Program’s recommended requirements entitled “Milk for Manufacturing Purposes and Its Production and Processing,”

July 21, 2011, hereby incorporated by reference as published by the United States Department of Agriculture, Agriculture Marketing Service, Dairy Program, 1400 Independence Ave.

SW, Washington, DC 20250-0225. This rule does not incorporate any subsequent amendments or additions to the “Milk for Manufacturing Purposes and Its Production and Processing.”

TRANSFER PRODUCERS—To be eligible to transfer from one (1) buyer to another, a producer cannot be under a stop sale order or under an animal health quarantine. filed as 2 CSR 30-21.011. Original rule filed Dec. 10, 1981, effective April 11, 1982. Amended: Filed Jan. 7, 1983, effective May 13, 1983.

Amended: Filed Oct. 22, 1985, effective Jan. 26, 1986. Amended:

Filed July 31, 1986, effective Oct. 11, 1986. Amended: Filed June 30, 1993, effective Dec. 9, 1993. Amended: Filed Oct. 17, 1996, effective June 30, 1997. Amended: Filed July 24, 2012, effective Jan. 30, 2013.

Amended: Filed April 30, 2018, effective Nov. 30, 2018.

2 CSR 80-6.021 Protection and Transportation of Raw Milk and Cream {#sec-2-csr-80-6.021 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.021}

PURPOSE: This rule complies with section 196.540, RSMo, and other applicable parts of sections 196.520–196.610, RSMo, and establishes provisions for the protection and transportation of raw milk and cream.

(1) Equipment and facilities for the protection and transportation of raw milk and cream are referenced in 7 CFR 58.131, July 29, 2002.

(2) Operators of vehicles used to transport bulk milk or cream from farm to plant, receiving station, or transfer station shall be licensed by the State Milk Board. A temporary bulk milk hauler’s license shall be granted when the applicant has made application, paid the fee, and satisfactorily passed a written examination. A permanent license renewable each year is acquired only after the bulk milk hauler satisfactorily com pletes an appr oved training course. The license is subject to suspension or revocation whenever any of the laws or rules are violated.

(3) Procedures for bulk milk haulers of manufacturing milk shall be identical to those found in 2 CSR 80-2.070(6), except that a Grade “A” permit from the regulatory authority that ad ministers pr ovisions of the Pasteurized Milk Ordinance (2 CSR 80-2.070(6)) will not be required to haul milk for manufactur ing purposes .

(4) The maximum allowable time that bulk raw milk for manufacturing purposes can be held on the farm using an approved bulk tank is not more than four (4) days (ninety-six (96) hours) from first milk into the tank until pick-up for delivery to a rec eiving station or plant except as specifically allowed by the State Milk Board.

(5) Cooling. Milk in cans shall be delivered to a receiving station within two (2) hours of milking. In the instance when stations are designed with collective nonindividual cooling tanks, the milk may be kept at the farm and cooled in cans of stainless steel construction to be delivered the following morning. The milk in cans must be cooled by the use of ice or refrigerant in an acceptable clean cooler located in the farm milkhouse, installed and designed to—1) adequately protect the milk from contamination and 2) allow adequate space for all other milk handling activities normally accomplished in the milkhouse. The milk shall be cooled immediately and the cooling method must be capable of cooling the milk to fifty degrees Fahrenheit (50 °F) within two (2) hours of milking and must maintain the milk at a temperature of fifty degrees Fahrenheit (50 °F) or below as indicated upon delivery to the receiving station. All new can milk receiving facilities shall be designed using individual receiving, cooling tanks for each producer delivering to the station except as approved by the State Milk Board. filed as 2 CSR 30-21.021. Original rule filed Dec. 10, 1981, effective Amended: Filed March 15, 1988, effective May 26, 1988. Amended:

Filed Aug. 1, 1990, effective Dec. 31, 1990. Amended: Filed July 24, 2012, effective Jan. 30, 2013. Amended: Filed April 30, 2018, effective Nov. 30, 2018.

(4/30/26) Denny Hoskins

2 CSR 80-6.031 Provisional Licensing for Fieldsmen, Grader and Bulk Milk Truck Operator {#sec-2-csr-80-6.031 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.031}

PURPOSE: This rule provides provisional permission for applicants for licenses of fieldsmen, graders and bulk truck operators for a period not to exceed thirty days following application, payment of the license fee and taking the examination.

(1) Applicants for license of fieldsmen, graders and bulk milk haulers shall be presented with a card granting provisional permission for applicant to perform services for which s/ he has applied for licensure, paid license fees and taken the examination. This provisional permission, not to exceed thirty (30) days, shall enable applicant to immediately perform the functions for which s/he has applied. Only one (1) thirty (30) day period is permitted for a particular license application in a year.

History

• AUTHORITY: section 196.540, RSMo 1986. This rule previously filed as 2 CSR 30-21.031. Original rule filed Dec. 10, 1981, effective Original authority: 196.540, RSMo 1981.

2 CSR 80-6.041 Dairy Manufacturing Plant, Dairy Manufactur ing Farm, and Personnel Licensure {#sec-2-csr-80-6.041 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.041}

PURPOSE: This rule prescribes needed licensure procedure for dairy plants, receiving stations, buyers of milk or cream, nonresident brokers, fieldsmen, graders, or bulk milk truck operators as required by law.

(1) It is unlawful for any person to operate a dairy manufacturing plant, receiving station, to buy milk or cream from Missouri producers, or to perform the duties of fieldman, grader, or bulk milk truck operator without a license.

(A) A dairy manufacturing plant shall be issued a license upon satisfactory application and payment of the annual license fee to the State Milk Board. The license fee shall be based on annual butterfat or milk purchased from producers, or in the event milk or butterfat purchases cannot serve as a

basis, the amount of milk, figured at the approximate average butterfat test of all milk marketed, that is required to produce the total pound volume of production during the past twelve (12) months ending June 30 as follows:

1. For any dairy manufacturing plant purchasing milk or milk products from Missouri, one hundred dollars ($100); and for each 1,400,000 pounds of milk purchased, five dollars ($5);

2. For any dairy manufacturing plant or buyer whose license is based on total pound volume of production of one hundred thousand (100,000) pounds or less, in this rule considered the equivalent of one (1) million pounds of milk, one hundred dollars ($100); for each additional 1,400,000 pounds of milk, five dollars ($5). The total volume is not construed to mean or include volume of products processed for the Commodity Credit Corporation by contract or volume of prepackaged cheese where basic form has not been changed;

3. For new dairy manufacturing plants where volume of the twelve (12) months previous to June 30 has not been established, the fee shall be five hundred dollars ($500) and include site inspection, construction plan and label approval, inspections, and license to operate. License shall expire June 30;

4. The State Milk Board, or its agent, shall have the

5. A dairy products manufacturing plant license shall not be transferable and shall not be movable from one (1) city or town to another city or town, but with the consent of the State Milk Board, may be moved from one (1) location to another location in the same city or town; and 6. When a dairy products manufacturing plant licensed as described in this rule ceases to receive milk, process milk, or both, for thirty (30) consecutive days or longer, its dairy manufacturing plant license shall be automatically terminated with no refund of licensing fee. Prior to resumption of operations, reapplication shall be made for licensing and a sanitation inspection of plant facilities showing satisfactory compliance shall be conducted by a representative of the State Milk Board prior to authorizing a new license. New licenses issued as described shall require a license fee of one hundred dollars ($100) and shall expire June 30, if the plant has continuous operation.

(B) No person shall operate a cream station or milk plant, or test milk or cream for the purpose of purchase, without having made satisfactory application, passed the required examination, and received license as a grader; the annual fee for licensure is twenty-five dollars ($25) for the licensure year or unexpired portion.

(C) No person shall operate a bulk milk truck to pick up milk from Missouri producers without a license as prescribed in 2 CSR 80-6.021 and payment of an annual license fee of twentyfive dollars ($25).

(D) No bulk milk pick-up tanker truck shall be operated without proof of inspection. Inspections shall be performed by the State Milk Board or its authorized regulatory agent every twenty-four (24) months plus remaining days of the month which inspection is due with payment of a fifty dollar- ($50-) inspection fee.

(E) A fieldman, prior to performing his/her duties in the state for a dairy manufacturing plant located either within or outside of Missouri processing either Grade “A” or manufacturing milk, must obtain a fieldman’s license from the State Milk Board.

This license, which also grants the authority to sample, test, or grade milk or cream, and to operate a bulk milk truck to pick up milk from farm producers, can be issued only to an individual free from communicable disease, who has passed a written examination grading seventy (70) or above, and has paid the annual fee of twenty-five dollars ($25); the license may be renewed upon payment of the annual fee, unless previously revoked for cause. The license is not transferable.

(F) Each dairy products manufacturing plant located outside Missouri, which is any other person buying unprocessed milk or cream directly from producers in Missouri for processing or manufacturing outside Missouri, shall apply and obtain a brokerage license for the license year, which shall include the right to buy milk or cream. A brokerage license shall be issued upon satisfactory application to the State Milk Board accompanied by an annual brokerage fee based upon the annual butterfat or milk purchases made in Missouri during the previous twelve (12) months ending on June 30 as follows:

1. For any plant purchasing milk or milk product from Missouri, one hundred dollars ($100), and for each 1,400,000 pounds of milk purchased, five dollars ($5); and 2. For new plants where volume of the twelve (12) months previous to June 30 has not been established, the license fee shall be one hundred dollars ($100).

(G) No person shall operate a receiving station without a license to operate a receiving station. An annual fee of twentyfive dollars ($25) shall be required for the license.

(H) A Certificate of Free Sale and Sanitary Origin is required by many foreign governments to allow entry of milk and dairy products into their country. For each Certificate of Free Sale issued the fee shall be one hundred dollars ($100).

(I) Manufacturers of Single Service Container and Closure Products, certified by State Milk Board, shall be assessed the fee of two hundred and fifty dollars ($250) per year.

(J) Non Interstate Milk Shippers Listed Grade A Truck Wash Stations shall be certified by State Milk Board and shall be assessed the fee of two hundred dollars ($200) per year.

(K) All fees for license renewal and applications for licenses are to be considered nonrefundable at the time of receipt by the State Milk Board or its authorized representative. filed as 2 CSR 30-21.041. Original rule filed Dec. 10, 1981, effective Amended: Filed June 7, 1983, effective Oct. 13, 1983. Amended:

Filed Dec. 6, 2010, effective June 30, 2011. Amended: Filed July 24, 2012, effective Jan. 30, 2013. Amended: Filed March 18, 2015, effective Sept. 30, 2015. Amended: Filed Feb. 9, 2016, effective July 30, 2016. Amended: Filed April 30, 2018, effective Nov. 30, 2018.

History

• authority to examine the buying and production records of any dairy products manufacturing plant for verification of the butterfat tonnage purchased at the plant, or verification of total pound volume of production manufactured or processed at the plant, at any reasonable time that the State Milk Board shall elect to make the examination. Butterfat or milk volume should be reported so as not to include any butterfat or milk volume the second time due to transfer or sale from one (1) plant to another;

2 CSR 80-6.051 Daily or Random Fresh Milk Sampling for Market Testing {#sec-2-csr-80-6.051 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.051}

PURPOSE: This rule prescribes some of the procedures and frequenc y of sampling and testing for milkfat content of milk sold by producers.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Each time milk is picked up at the farm or delivered to a receiving station a representative sample of the milk shall be taken.

(2) The milkfat content of the samples shall be evaluated by one (1) of the following manners:

(A) The milk composite sample may be prepared which contains a representative portion of each pick-up or delivery for a period not exceeding sixteen (16) days; and (B) Each fresh milk sample taken at the time of pick-up or delivery may be tested and averaged for a period not exceeding thirty-one (31) days or no fewer than four (4) fresh milk samples may be tested and averaged if the samples are randomly selected and stratified throughout the month (no fewer than two (2) in the first half of the month and no less than two (2) in the last half of the month).

(3) All samples and examinations are to be in compliance with the current edition of Standard Methods for the Examination of Dairy Products or Official Methods of Analysis of the Association of Official Analytical Chemists as required by section 196.550, RSMo.

History

• AUTHORITY: section 196.540, RSMo 1986. This rule previously filed as 2 CSR 30-21.051. Original rule filed Dec. 10, 1981, effective Original authority: 196.540, RSMo 1981.

2 CSR 80-6.055 State Approval of Milk-Testing Laboratories {#sec-2-csr-80-6.055 omnilex-key=us-mo-regs-official--title-2--2 CSR 80-6.055}

PURPOSE: Laboratories that perform examinations of milk required by the Grade “A” Pasteurized Milk Ordinance (PMO) and by the cooperative State-United States Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers must be approved by the State Milk Board, which is the official agency for approval of milk-testing laboratories. This

rule establishes up-to-date minimum requirements for laboratory approval, using the current recommendations of the federal Food and Drug Administration and the National Conference on Interstate Milk Shipments.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Missouri State Milk Board incorporates by reference the Evaluation of Milk Laboratories (EML), 2023 revision, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration Laboratory Proficiency Evaluation Team (FDA/LPET) and the National Conference on Interstate Milk Shipments (NCIMS), 10903 New Hampshire Ave., Silver Spring, MD 20993, www. gmppublications.com. The EML provides the procedures for the evaluation of milk laboratories required to meet the sanitation standards of the current edition of the Grade “A” Pasteurized Milk Ordinance (PMO). This rule does not incorporate any subsequent amendments or additions to this publication.

(2) Application for evaluation and approval of a laboratory must be made to the Missouri State Milk Board or its designee by the director of the applying laboratory. To be eligible for evaluation, a laboratory must routinely analyze samples for either interstate or intrastate milk shippers.

(3) To be eligible for approval, a laboratory must be in substantial compliance with the United States Public Health Service/Food and Drug Administration’s Evaluation of Milk Laboratories and official Milk Laboratory Evaluation Forms (NCIMS-2400 series).

(4) An on-site evaluation of the applying laboratory shall be made by the state milk laboratory evaluation officer for a review of facilities, equipment, materials, procedures, test results, and records. The evaluation shall be made using the (4/30/26) Denny Hoskins official Milk Laboratory Evaluation Forms (NCIMS-2400 series).

The evaluation officer shall determine whether the laboratory techniques of analysts of th e applying laboratory ar e in compliance with the procedures as described on the official Milk Laboratory Evaluation Forms (NCIMS-2400 series). An onsite evaluation to determine compliance of a laboratory shall be made at least every two (2) years.

(5) Analysts must participate at least annually in the examination of split samples for those specific procedures for which they are certified or approved. Failure without cause to participate in this annual proficiency testing program or failure to meet established performance criteria will result in an analyst being plac ed on provisional certified or approved status.

Failure of analysts on provisional certified or approved status to participate in the examination of split samples or to meet satisfactory performance levels on the next set of split samples will result in withdrawal of certification or approval.

(6) An analyst who has lost certification or approval must participate in a training program acceptable to the state milk laboratory evaluation officer before requesting recertification.

(7) The Missouri State Milk Board shall issue a certificate of approval to each official laboratory and officially designated laboratory which has been approved. The certificate shall be returned to the Missouri State Milk Board upon expiration or revocation.

(8) Approval of a laboratory may be revoked or suspended for failure to successfully participate in the proficiency testing program as described in section (5) of this rule, for lack of certified or approved analysts, for changes in quarters, personnel, equipment, or supplies, which result in procedures and practices not in compliance with Evaluation of Milk Laboratories or for other reasons.

History

• AUTHORITY: section 196.540, RSMo 2016. Original rule filed Oct. 28, 2025, effective May 30, 2026.

Division 90 Weights, Measures and Consumer Protection

Chapter 1 Organization and Description

2 CSR 90-1.010 General Organization {#sec-2-csr-90-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-1.010}

PURPOSE: This rule complies with section 536.023, RSMo which requires each agency to adopt as a rule a description of its operation and the method where the public may obtain information or make submissions or requests.

(1) The Division of Weights, Measures and Consumer Protection is a unit of the Department of Agriculture, state of Missouri. The primary responsibility of this division is to maintain equity in the marketplace. This is accomplished by assuring the accuracy of weighing and measuring devices which are used commercially; monitoring the weighing and measuring practices of buyers and sellers alike to assure accuracy and fair dealing in the exchange of goods and services; establishing requirements for methods and tolerances for moisture-measuring devices; inspecting eggs to insure they meet proper grade standards for quality and size; prohibiting milk sales practices that unfairly divert trade from a competitor; establishing safety standards for handling and use of anhydrous ammonia, liquefied petroleum gases, and petroleum products; establishing quality standards for motor fuel; to restore, maintain, and preserve locations of the corners set by the original surveys of the United States Public Land Surveys and their subsequent extensions along with all pertinent field notes, plats, and documents; to establish and maintain a record storage and retrieval system for all land survey records in this state; to extend geodetic control surveys to permit general use of the Missouri State Coordinate System; and to prescribe and disseminate regulations to assist in uniform and professional surveying methods and standards. The division consists of five (5) programs to carry out these duties—Metrology Laboratory, Scale/Egg/Milk Program, Petroleum/Propane/Anhydrous Ammonia Program, Grain Moisture Meter Program and The Land Survey Program.

(2) The address of the division is 1616 Missouri Boulevard, PO Box 630, Jefferson City, MO 65102.

(3) The address of the Land Survey Program is 1251A Gale Drive, PO Box 937, Rolla, MO 65402-0937. Telephone (573) 368-2300.

Filed April 17, 1990, effective June 28, 1990.

Amended: Filed Dec. 1, 2016, effective June 30, 2017. *Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

JOHNR. ASHCROFT(5/31/17)

History

• AUTHORITY: section 536.023, RSMo 2016. This rule was previously filed as 2 CSR 40- 1.010. Original rule filed April 9, 1976, effective July 15, 1976. Rescinded and readopted: Filed Nov. 9, 1981, effective Feb. 11, 1982. Rescinded: Filed Oct. 10, 1982, effective Jan. 13, 1983. Readopted: Filed May 17, 1988, effective Aug. 11, 1988. Amended:

Chapter 10 Liquefied Petroleum Gases

2 CSR 90-10.010 Installing, Metering, Transporting, Licensing for LPG 2 CSR 90-10.013 {#sec-2-csr-90-10.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.010}

2 CSR 90-10.016 Meters for Measurement—Specifications and Proving 2 CSR 90-10.017 2 CSR 90-10.019 2 CSR 90-10.020 {#sec-2-csr-90-10.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.016}

2 CSR 90-10.030 NFPA Manual No. 54A, Industrial Gas Piping and Equipment {#sec-2-csr-90-10.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.030}

2 CSR 90-10.050 NFPA Manual No. 30, Flammable and Combustible Liquids Code {#sec-2-csr-90-10.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.050}

2 CSR 90-10.060 NFPA Manual No. 59, LP Gases at Utility Gas Plants {#sec-2-csr-90-10.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.060}

2 CSR 90-10.070 NFPA Manual No. 501A, Manufactured Home Installations {#sec-2-csr-90-10.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.070}

2 CSR 90-10.080 Federal Housing and Urban Development (HUD) Standards Part 3280, Manufactured Home Construction and Safety Standards {#sec-2-csr-90-10.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.080}

2 CSR 90-10.090 NFPA Manual No. 1192, Chapter 5, Standard on Recreational Vehicles {#sec-2-csr-90-10.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.090}

2 CSR 90-10.100 Inspection of School Buses Propelled by Liquefied Propane Gas {#sec-2-csr-90-10.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.100}

2 CSR 90-10.120 Reporting of Odorized LP Gas Release, Fire, or Explosion . . . . . . . . . . . . . . . . 11 2 CSR 90-10.145 2 CSR 90-10.165 {#sec-2-csr-90-10.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.120}

2 CSR 90-10.180 Contents of the Record, Commission Order and Applications for Protection {#sec-2-csr-90-10.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.180}

2 CSR 90-10.001 Definitions and General Provisions {#sec-2-csr-90-10.001 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.001}

PURPOSE: This rule reflects the terms of the Missouri Propane Safety Commission.

(1) Definitions. The following words and phrases shall mean:

(A) “Affiliated industry,” any person or firm engaged in the manufacturing, assembling, and marketing of appliances, containers, and products used in the propane industry, the interstate or intrastate transportation or storage of propane, the installation or design of propane piping systems, or other such affiliation with the commercial, residential, or agricultural use of propane by consumers in Missouri;

(B) “Autogas,” term used for liquefied petroleum gas (LP gas) when it is used as a fuel in internal combustion engines in vehicles for highway use;

(C) “Commission,” the Missouri Propane Safety Commission;

(D) “Compressed natural gas” (CNG), a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form that has been compressed for use as a vehicular fuel;

(E) “Director,” the executive director of the commission;

(F) “Director of the Missouri Department of Agriculture,” the director of the Missouri Department of Agriculture or their designee;

(G) “Dispensing station,” a system of compressors, safety devices, cylinders, piping, fittings, valves, regulators, gauges, relief devices, vents, installation fixtures, and other compressed natural gas equipment intended for use in conjunction with motor vehicle fueling by compressed natural gas but does not include a natural gas pipeline located upstream of the inlet of the compressor;

(H) “Liquefied petroleum gas,” any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes;

(I) “Motor vehicle,” all vehicles except those operated on rails which are propelled by internal combustion engines and are used or designed for use in the transportation of a person or persons or property;

(J) “Person,” any individual, group of individuals, partnership, association, cooperative, corporation, or any other entity;

(K) “Producer,” the owner of the propane at the time it is recovered at a manufacturing facility, irrespective of the state where production occurs;

(L) “Propane,” propane, butane, mixtures of propane and butane, and liquefied petroleum gas, as defined by the National Fire Protection Association Standard 58 for the storage and handling of liquefied petroleum gases;

(M) “Propane autogas dispenser,” an assembly, equipped with low emission transfer connections, specifically for dispensing liquid propane into containers permanently mounted on over the road vehicles;

(N) “Propane dispenser,” an assembly of equipment in which LP-Gas is stored and dispensed into portable or vehicular mounted containers;

(O) “Public member,” a member of the commission who is a resident of Missouri, is a user of odorized propane, and is not related by the third degree of consanguinity to any retailer or wholesale distributor of propane;

(P) “Retail marketer,” a business engaged primarily in selling propane gas, its appliances, and equipment to the ultimate consumer or to retail propane dispensers;

(Q) “Third party,” a person or entity who is neither the student nor the instructor;

(R) “Transport,” combination vehicle or vehicle used to haul propane for non-metered delivery;

(S) “Wholesaler,” “broker,” or “reseller,” a seller of propane who is not a producer and who does not sell propane to the ultimate consumer; and (T) “Marked liquefied petroleum gas container” a liquefied gas container with a marking of any kind identifying the name of the owner thereof.

rule filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Amended: Filed June 16, 2014, effective Jan. 30, 2015. Non-substantive change filed July 1, 2016, published Aug. 31, 2016. Amended: Filed July 1, 2016, effective Feb. 28, 2017.

Amended: Filed July 10, 2019, effective Jan. 30, 2020. *Original authority: 323.010, RSMo 1947, amended 1994, 2007, 2014 and 323.030, RSMo 1947.

History

• AUTHORITY: sections 323.010 and 323.030, RSMo 2016. Original

2 CSR 90-10.010 Installing, Metering, Transporting, Licensing for LPG {#sec-2-csr-90-10.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.010}

(Rescinded November 11, 1977)

History

• AUTHORITY: section 323.020, RSMo 1969. Original rule filed Sept. 8, 1969, effective Sept. 18, 1969. Rescinded: Filed July 13, 1977, effective Nov. 11, 1977.

2 CSR 90-10.011 Inspection Authority—Duties {#sec-2-csr-90-10.011 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.011}

PURPOSE: This rule sets out the authority and duties of the inspection authority and has been developed in the interest of safety to life and property. These rules do not apply to public utilities regulated by the Missouri Public Service Commission. publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The director is the officer in charge of the safety in the storage, handling, and use of liquefied petroleum gas of the Missouri Propane Safety Commission, referred to as the inspection authority.

(A) The director of the Missouri Department of Agriculture is the officer in charge of the collection of meter inspection fees and liquefied petroleum gas (LP gas) meter inspections.

(2) The inspection authority shall have discretional authority to require annual LP system inspection and leak testing of all LP gas piping systems serving schools, churches, nursing homes, resorts, mobile home parks, public housing, hospitals, amusement parks, summer camps (Boy Scout, Girl Scout, church, etc.), and other public buildings and institutions.

It shall be the responsibility of the owner, administrator, superintendent, director, or other responsible person directly associated with any of the piping systems serving any of the listed public buildings, mobile home parks, summer camps (Boy Scout, Girl Scout, church, etc.), amusement parks, and institutions to assume full responsibility to secure the annual leak test of the LP gas system on or before September 1 of each calendar year with the exception of summer camps and amusement parks, which shall be completed on or before May 1 of each calendar year. A copy of the test report shall be submitted to the inspection authority within five (5) days after completion of the test. Failure to complete the required annual leak tests may be due cause to consider the LP gas system unsafe for continued use and shall be reason to place the system out-of-service until the time a leak test is completed and the system found to be free of leaks and safe for continued operation.

(3) The standards for storage and handling of LP gases and the standards for the installation of gas appliances and gas piping as published in the National Fire Protection Association publications, Number 54, 2024 edition, and Number 58, 2024 edition. All publications are published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269- 9101, and are incorporated by reference, and will be adhered to by the inspection authority in the course of administering its duties. This rule does not incorporate any subsequent amendments or additions to the referenced material. These are adopted as rules in 2 CSR 90-10.020, 2 CSR 90-10.040, 2 CSR 90-10.060, and 2 CSR 90-10.090.

(4) For the purpose of ascertaining whether any container or system complies with all rules regulating the storage and handling of LPGs and the installation of appliances and piping— (A) The inspection authority and/or the authorized agents, deputies, and inspectors shall have free access at reasonable times to any premises where a LP gas container or system is offered for sale, stored, being repaired, installed, or being used; and (B) Owners, operators, drivers, custodians, and occupants of transport vehicles, during reasonable hours and upon reasonable request of the inspection authority, shall permit inspection of that vehicle.

(5) Any person, firm, corporation, or others making LP gas installations or supplying fuel for installations, upon reasonable request, shall furnish reasonable and pertinent information as may be considered necessary by the inspection authority to determine that there is compliance with the rules.

(6) An exception to these regulations may be approved by the inspection authority after sufficient evidence is supplied showing that the exception will provide a level of safety at least equivalent to that contemplated by the regulations.

(7) The provisions of these regulations shall not be construed as prohibiting the continued use of an installation which received the written approval of the inspection authority at the time of installation or was in compliance with safety standards and codes at the time of installation, unless circumstances of a hazardous nature justify correction for the benefit of public safety.

(8) If the director determines that any LP gas container constitutes an immediate danger to the public or property, s/he shall require the immediate removal of liquid and vapor LP gas from the container by a registered LP gas dealer or company. If the director determines that any LP gas appliance, equipment, or system constitutes an immediate danger to the public and property, s/he shall require the immediate disconnection by a registered LP gas dealer or company from the LP gas container.

June 29, 1989. Amended: Filed April 3, 1990, effective June 28, 1990. Emergency amendment filed Oct. 15, 2008, effective Oct. 25, 2008, expired April 22, 2009. Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Amended: Filed June 16, 2014, effective Jan. 30, 2015. Nonsubstantive change filed July 1, 2016, published Aug. 31, 2016.

Amended: Filed July 1, 2016, effective Feb. 28, 2017. Amended: Filed May 15, 2024, effective Dec. 30, 2024. Amended: Filed Jan. 14, 2026, effective July 30, 2026.

2 CSR 90-10.012 Registration—Training {#sec-2-csr-90-10.012 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.012}

PURPOSE: This rule sets forth registration, training, and examination requirements for persons applying for or holding registrations to ensure the safety of life and property.

(1) As a prerequisite to registration in this state and receiving a numbered certificate of registration to engage in the business of selling at retail liquefied petroleum gas (LP gas), or in the business of handling or transporting LP gas over the highways of this state, or in the business of installing and servicing equipment and appliances for use with LP gas in this state, application shall be made to the director on forms, prescribed for this purpose with such reasonable information as shall be deemed necessary, which may be obtained from the Missouri Propane Safety Commission at (573) 893-1073 and are incorporated by reference.

(2) Registration application approval will be granted upon meeting the requirements as referenced in form MPGC-1201, March 1, 2011, published by the Missouri Propane Safety Commission, 4110 Country Club Dr., Ste. 200, Jefferson City, MO 65109-0302 and incorporated by reference. This rule does not incorporate any subsequent amendments or additions to the referenced material.

(3) All persons applying for registration to engage in the business of handling or storing LP gases or in the business of installing, repairing, converting, or servicing piping, equipment, or appliances for use with LP gases shall be properly trained and experienced in the work, familiar with all safety precautions required, and comply with all requirements of Chapter 323, RSMo, and the rules pursuant to it.

(4) Every individual handling LP gases or servicing appliances or equipment within any business involved in handling or storing LP gases or involved in the installation, repairing, converting, or servicing of piping, equipment, or appliances for use with LP gases must attend and complete an initial training program as defined in 2 CSR 90-10.012(5), including the passing of a written examination.

(A) Every individual subject to the requirements of this

section shall attend training at least once every three (3) years.

New employees shall be trained by their employer until such time that training is available through a training program approved by the director. The employer, or individual if selfemployed, is responsible for ensuring compliance with this

section.

(B) Individuals whose only propane-related job duty is to fill vehicles with autogas using low-emission transfer as defined in NFPA 58 are exempt from the training requirement of this

section, provided they are initially trained by the manufacturer or installer of the autogas system.

(5) Each training program’s curriculum must be based on a nationally recognized training program or equivalent, structured to meet the trainee’s needs, and contain information on applicable statutes and regulations governing liquefied petroleum gases. All training programs must be administered by a commission-approved instructor, include hands-on training or a skills assessment, and include an exam which requires a passing score of at least seventy percent (70%) and graded by a third party. Programs must initially be approved by the commission or its designee and resubmitted for review and approval at least once every two (2) years or at such time change has been made. Any training program that, through audit, does not meet the approved training criteria may be rejected for use by the commission or its designee.

(6) Residents of states other than Missouri who desire to engage in or continue to do business in the state shall submit an application for registration on forms MPSC-1219, MPSC-0910, and MPSC-1136, all published in 2016, and furnished for this

purpose by the director, which may be obtained from the publisher, Missouri Propane Safety Commission at (573) 893- 1073, 4110 Country Club Dr., Ste. 200, Jefferson City, MO 65109- 0302, which are incorporated by reference. This rule does not incorporate any subsequent amendments or additions to the referenced material. Qualifications and approval for this registration permit will be determined on the basis outlined in

Chapter 323, RSMo. The information submitted shall be related to the requirements of this state and any additional provisions required by the LP gas inspection authority of their state residency in determining eligibility for registration.

(7) A registration application shall be filed and approved and a certificate of registration received before commencing operations by the classes described in this section. The registrant shall notify the inspection authority within ten (10) days after discontinuance of his/her individual operations, providing the name of his/her successor organization, if any. The classes are— (A) Class I—General LP gas operator. The storage, sale, transportation, and distribution of LP gas at retail-wholesale and the installation, service, and repair of appliances, equipment, and piping for use with LP gas. This does not include LP gas carburetion or liquid meter service or repair;

(B) Class II—Installer and servicer of low pressure systems.

The installation, service, and repair of appliances, equipment, and piping for use with LP gas. This class applies to only the low pressure portion of the LP gas system downstream of the first stage regulator and those systems addressed in NFPA 54;

(C) Class III—Installer and servicer of high pressure systems.

The installation, service, and repair of piping and equipment for use with LP gas. This class applies to only the high pressure and liquid portion of the LP gas system and those systems addressed in NFPA 58;

(D) Class IV—Installer and servicer of high and low pressure.

The installation, service, and repair of appliances, equipment, and piping for use with LP gas, the installation of LP gas cylinders and tanks, and the delivery of LP gas cylinders. This class applies to both high and low pressure portions of LP gas systems as addressed in NFPA 54 and NFPA 58;

(E) Class V—LP service station operator (metered sales). The retail operation of an LP gas service station consisting of LP gas storage containers, piping, pumps, and other pertinent equipment utilized to fill portable LP gas containers by weight;

(F) Class VI—LP gas dispenser operator (non-metered sales).

The retail operation of an LP gas dispensing station consisting of an LP gas storage container(s), piping, pumps, and other pertinent equipment utilized to fill portable LP gas containers by weight;

(G) Class VII—Cylinder exchange dealer. The operation of an LP gas cylinder exchange business whereby Department of Transportation (DOT) cylinders are stored in a secured cage or area and exchanged with customers (full cylinder for empty cylinder). This does not include the filling of any cylinder or tank on premises;

(H) Class VIII—Cylinder seller and servicer. An operation or business engaged in the filling, distribution, or service of LP gas cylinders;

(I) Class IX—Carburetion system installer and servicer. An operation or business engaged in the installation and services of LP gas carburetion systems; and (J) Class X—Liquid meter repairer and servicer. The installation, repair, and service of LP gas meters utilized for liquid LP gas deliveries, i.e., bobtail delivery truck meters.

(8) Each registrant shall be issued a certificate of registration which shall bear a permanent identifying number. This certificate shall be on file in the office at the address for which issuance was made.

June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998. Amended: Filed Dec. 3, 2001, effective June 30, 2002.

Emergency amendment filed Oct. 15, 2008, effective Oct. 25, 2008, expired April 22, 2009. Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Nonsubstantive change filed July 1, 2016, published Aug. 31, 2016.

Amended: Filed July 1, 2016, effective Feb. 28, 2017. Amended:

Filed March 30, 2017, effective Oct. 30, 2017. Amended: Filed March 12, 2019, effective Oct. 30, 2019. ** Amended: Filed May 15, 2024, effective Dec. 30, 2024. Amended: Filed Jan. 14, 2026, effective July 30, 2026. **Pursuant to Executive Order 21-09, 2 CSR 90-10.012, subsection (5)(A) was suspended from March 30, 2020 through December 2, 2021.

2 CSR 90-10.013 Installation Requirements {#sec-2-csr-90-10.013 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.013}

PURPOSE: This rule sets out the minimum general standards governing design, construction, location, and installation of equipment for storing and handling liquefied petroleum gas.

These minimum general standards are designed to assure the required safety for life and property. The requirements contained in this rule will ensure the safety of life and property.

(1) Prior to any installations at buildings of public assembly or use such as schools, churches, recreational halls, tourist courts, hotels, hospitals, sanitariums, convalescent homes, nursing homes, rest homes, four- (4-) unit apartments, and larger or similar types of public buildings having institutional occupancies, for new construction, major renovations, or additions to these installations and mobile home parks, shopping center areas, service stations, bulk plants, industrial plants, and other similar locations of public gathering, form MPSC-0910 must be completed and submitted to the inspection

(2) The owner of a retail cylinder exchange cabinet shall submit a completed form MPSC-0955 to the commission within fifteen (15) days following the installation of a cylinder exchange cabinet.

(3) Form MPSC-0910 including detailed plans shall be furnished to the inspection authority for approval before installation of LP gas containers having a water capacity of over two thousand (2,000) gallons, or two (2) or more containers that are to be connected and have a combined capacity exceeding four thousand (4,000) gallons, or when LP gas in the liquid phase is to be withdrawn or of a container charging plant where portable containers are to be recharged and filled regardless of the capacity of the storage containers used as the supply for filling containers and cylinders. Form MPSC-0910, January 1, 2016, is published by the Missouri Propane Safety Commission, 4110 Country Club Dr., Ste. 200, Jefferson City, MO 65109-0302 and incorporated by reference. This rule does not incorporate any subsequent amendments or additions to the referenced material. When approval is granted, one (1) copy of the plans will be returned to the party submitting the original proposal.

Final inspection and approval is required before placing the installation into service. If installation of the proposed LP gas system has not begun within one hundred eighty (180) days from the date of approval by the state LP gas inspection

(4) The following requirements shall be met on plans that shall be submitted to the inspection authority of Missouri for approval before starting construction:

(A) A complete copy of the plans shall be submitted to the inspection authority together with detailed specifications;

(B) Plans shall be on good quality paper, legible, and contain the information required by this section; and (C) Plans and specifications are to be accompanied by a written application on a form prescribed by the inspection

1. The address of the proposed location and the name and mailing address of the owner or builder;

2. An outline of the boundary lines of the property owned or leased;

3. A diagram showing adjoining property on all sides and the distance to all adjacent buildings and roadways;

4. A diagram showing the location and sizes of each container or containers on the plot of ground to be used;

5. A diagram pinpointing each location where liquid transfer will be made, such as loading, unloading, and bottling;

6. A general layout of piping, pipe supports, and pipe protection; the location, size, and type of each important piece of equipment, gate valve, excess flow valve, pressure relief valve, hose, regulator, and all other important parts of the system planned;

7. The location of each building or shed to be built on the property and each sewer or drain opening;

8. The location of electrical lines and poles and telephone poles if located twenty-five feet (25') or less from storage tanks or liquid transfer areas;

9. The location of the electrical service pole;

10. The location of fences;

11. The dimensions of tank foundations, footings, reinforcements, and tank clearance above ground level;

12. Storage container dimensions, whether new or used, and the name of the manufacturer; and 13. All used containers of two thousand (2,000) gallons water capacity or more to be reinstalled shall have all valves, including relief valves, removed and inspected.

(5) All LP gas storage tanks shall be installed a minimum distance of twenty feet (20') from all other Class I, II, and III liquids. In the event of a hazardous location, the LP gas inspection authority may require a greater distance and location up to a maximum distance of one hundred feet (100').

Distance may be reduced to ten feet (10') when diked.

(6) All LP gas dispensers shall have form MPSC-0910 and site plans submitted as required by sections (3) and (4).

(7) All tanks of one thousand one (1,001) gallons aggregate water capacity or greater being used for liquid withdrawal shall have form MPSC-0910 and site plans submitted as required by sections (3) and (4).

(8) All LP gas and autogas dispensers shall have recommended fill procedures posted.

(A) All dispensers in the retail business of refilling cylinders shall be equipped with a state-approved scale to be utilized for the safe filling of LP gas cylinders.

June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998.

Amended: Filed Dec. 3, 2001, effective June 30, 2002. Amended:

Filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Non-substantive change filed July 1, 2016, published Aug. 31, 2016. Amended: Filed July 1, 2016, effective Feb. 28, 2017. Amended: Filed March 30, 2017, effective Oct. 30, 2017.

Op. Atty. Gen. No. 86, Sturgis, 2-3-55. A private individual user of liquified petroleum gas may transport over the highways of Missouri empty liquified petroleum gas drums or such drums containing such gas without violating Basic Rule B.15 of the regulations promulgated under section 323.020, RSMo 1969.

History

• authority. Form MPSC-0910, January 1, 2016, is published by the Missouri Propane Safety Commission, 4110 Country Club Dr., Ste. 200, Jefferson City, MO 65109-0302 and is incorporated by reference. This rule does not incorporate any subsequent amendments or additions to the referenced material.
• authority, new plans shall be resubmitted prior to the time installation does begin.
• authority and shall include the following:

2 CSR 90-10.014 Storage {#sec-2-csr-90-10.014 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.014}

PURPOSE: This rule sets out minimum general standards for the storage of liquefied petroleum gas and promotes safety for life and property. These requirements do not apply to public utility facilities regulated by the Missouri Public Service Commission.

(1) All liquefied petroleum gas (LP gas) storage containers or storage systems where one (1) tank is used having a water capacity of one hundred (100) gallons or more, or where two (2) or more tanks are used having a total combined capacity of more than one hundred (100) gallons, and all related equipment located at or near containers which are installed within twenty-five feet (25') of a playground where children in age groups of preschool through grade twelve (12) have access shall be fenced with industrial type fence a minimum of six feet (6') high as to prevent tampering with the gas piping system.

(2) Where LP gas storage of five hundred (500) gallons or less is in use or where a hazard exists in connection with any size of underground storage system, reasonable protective methods, other than fencing, which are deemed necessary may be required.

(3) Containers of any size shall not be used for storage other than manufacturer’s design and specifications; i.e., railcars, converted railcars, bulk delivery truck tanks both transport and bobtail cannot be utilized for fixed storage. A variance for bobtail delivery truck tanks may be requested. A written request must be submitted to the commission on form MPSC- 0417 included herein.

(4) All aboveground LP gas storage containers shall be kept properly painted with a light reflective paint such as white or aluminum.

(5) All aboveground LP gas storage containers, two thousand (2,000) water capacity (WC) or more, and all dispensers shall be clearly marked PROPANE, FLAMMABLE, NO SMOKING on two (2) sides in a conspicuous location of the dispenser housing, fencing, or a combination thereof. All wording shall be in block-style letters with a minimum height of two inches (2") and a minimum width of one-fourth inch (1/4") on a contrasting background.

(6) Each LP gas bulk plant or system of two thousand (2,000) gallons WC or more and all dispensers engaged in retail shall have a sign displayed in a conspicuous location stating the name and telephone number of the nearest representative, agent, or owner of the system. All wording shall be in blockstyle letters with a minimum height of one inch (1") and on a contrasting background.

(7) Any LP gas storage container, including any container used for motor fuel, which has been damaged in any manner shall be repaired according to the requirements of the code it was manufactured under and shall be hydrostatically tested prior to placing in service.

(8) Repair of any LP gas container shell, excluding valves, fittings, regulators, and attachments, shall be in conformance with the code under which the container was manufactured, and all repairs shall be performed only by a person certified under the code by which the container was manufactured.

(9) A copy of all container data information and repairs to the container shall be submitted to the inspection authority for review prior to installation of the container.

(10) LP gas storage containers supplying mobile home parks, schools, hospitals, domestic systems, or other public or institutional facilities shall not be utilized as a bulk storage plant for loading LP gas into any fuel delivery vessel or vehicle.

(11) At a bulk storage facility that the owner declares out-ofservice, the tank or tanks shall be empty, only contain residual pressure, and be capped or plugged as close as practical to the positive shut-off valve just outside the tank or tanks. Before placing the tank or plant back into operation, form MPSC-0910 including detailed plans shall be furnished to the inspection

(11/30/24) John R. Ashcroft MPSC- 0417 (06/2012) Page 1 o f 1 MISSOURI PROPANE SAFETY COMMISSION LP GAS IN SPECTION AUTHORITY APPLICATION FOR VARIANCE NOTE: ONE APPLICATION/FORM MUST BE SUBMITTED FOR EACH UNIT OF EQUIPMENT.

FOR MPS C OFFICE USE ONLY

DATE VARIANCE # MPGC APPROVAL

YES NO

THIS FORM MUST BE COMPLETED IN ITS ENTIRETY OR IT WILL BE RETURNED

OWNER NAME OWNER ADDRESS OWNER CITY, STATE, ZIP

NAME ( IF DIFFERENT F ROM OWNER) MAILING ADDRESS MAILING CITY, STATE, ZIP

LOCATION NAME LOCATION ADDRESS LOCATIO N CITY, STATE, ZI P

LOCATION COUNTY LOCATION PHONE NUMBER OF UNIT S AT LOCATION

ACTIVITY TYPE OF EQUIPMENT USAGE

NEW INSTALLATION CARGO TANKOFFICE/GOVT BUILDING

OTHER OTHER HOSPITAL/INSTITUTIONAL

CHURCH/RELIGIOUS

COMMERCIAL/INDUSTRIAL

RETAIL

SCHOOL/LIBRARY/EDUCATIONAL

DISPENSER

RESIDENCE

MOTEL/HOTEL

AGICULTURE

NURSING/RETI REMENT HOME

OTHER

MANUFACTURER DATE OF MANUFACTURER SERIAL NUMBER CAPACITY

WORKING PRESSURE SPECIFIC LOCATION LAST INSPECTION DATE

COMMENTS AND DESCRIPTION DETAIL OF INSTALLATION

Draw plan here, or attach plan in duplicate.

North ↑ WRITTEN RESPONSE REQUIRED BEFORE INSTALLATION.

SIGNATURE OF CONTACT PERSON AT LOCATION INSPECTOR SIGNATURE

PRINTED NAME AND TITLE OF CONTACT PERSON AT LOCATION

Return to: MISSOURI PROPANE SAFETY COMMISSION, 4110 COUNTRY CLUB DR., STE. 200, JEFFERSON CITY, MO 65109-0302 OR FAX T O: 573-893-1074 (01-16)

June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998.

Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended:

Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Non-substantive change filed July 1, 2016, published Aug. 31, 2016. Amended: Filed March 30, 2017, effective Oct. 30, 2017.

History

• authority for approval and approval must be granted by the inspection authority. Form MPSC-0910, January 1, 2016, is published by the Missouri Propane Safety Commission, 4110 Country Club Dr., Ste. 200, Jefferson City, MO 65109-0302 and is incorporated by reference. This rule does not incorporate any subsequent amendments or additions to the referenced material.

2 CSR 90-10.015 Container, System, or Equipment Violations {#sec-2-csr-90-10.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.015}

PURPOSE: This rule sets out the procedure to govern the inspection

(1) Any container, system, or equipment that has been determined through inspection by the inspection authority to violate these regulations so as to constitute a substantial hazard or violation which makes the container, system, or equipment unsafe for continued operation shall be so identified by the inspection authority through a notice or tag affixed to the container. The container, system, or equipment upon which the tag has been affixed shall not be used, nor shall liquefied petroleum gas be placed in the container, system, or equipment.

(2) Any container, system, or equipment that has been determined through inspection by the inspection authority to violate these rules and regulations but does not constitute an immediate hazard to life or property shall only be tagged if the defect or the violation is not corrected within five (5) days after written notification setting forth the violation or defect has been personally served upon or directed through the United States mail, certified mail, postage prepaid, returned receipt requested, to the owner, operator, or supplier of the container, system, or equipment. In the event the owner or supplier is not identified on the container, system, or equipment, notice to the occupant of the premises where the container, system, or equipment is located shall be deemed sufficient.

(3) The tag or notice attached to the container, system, or equipment, shall be the property of the commission and only shall be removed when defect or violation has been corrected.

The tag is to be removed promptly after receiving notice of correction.

(4) Any underground container or system that is being maintained in violation of these rules so as to constitute a substantial hazard to public safety may be required to be removed for inspection by the inspection authority upon reasonable demand and notice.

History

• authority’s actions in eliminating hazardous conditions which could result in serious property damage and loss of life.
• AUTHORITY: section 323.020, RSMo Supp. 2010. Original rule filed July 13, 1977, effective Nov. 11, 1977. Amended: Filed June 13, 2011, effective Jan. 30, 2012.

2 CSR 90-10.016 Meters for Measurement—Specifications and Proving {#sec-2-csr-90-10.016 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.016}

(Rescinded January 30, 2019)

Rescinded: Filed June 27, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 323.020, RSMo Supp. 2008. Original rule filed June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998. Amended: Filed Oct. 15, 2008, effective March 30, 2009.

2 CSR 90-10.017 Mobile Homes {#sec-2-csr-90-10.017 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.017}

(Rescinded March 30, 2009)

History

• AUTHORITY: section 323.020, RSMo 1994. Original rule filed July 13, 1977, effective Nov. 11, 1977. Amended: Filed March 3, 1989, effective June 29, 1989. Amended: Filed Nov. 13, 1997, effective June 30, 1998. Rescinded: Filed Oct. 15, 2008, effective March 30, 2009.

2 CSR 90-10.018 Accidents {#sec-2-csr-90-10.018 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.018}

(Rescinded June 11, 1987)

History

• AUTHORITY: section 323.020, RSMo 1986. Original rule filed July 13, 1977, effective Nov. 11, 1977. Rescinded and readopted: Filed Oct. 4, 1981, effective Jan. 14, 1982. Rescinded: Filed March 18, 1987, effective June 11, 1987.

2 CSR 90-10.019 LP Gas Containers {#sec-2-csr-90-10.019 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.019}

PURPOSE: This rule clarifies section 323.030, RSMo.

(1) No person, except the owner thereof, or persons authorized in writing by the owner shall— (A) Fill or refill a marked liquefied petroleum gas container;

(B) Evacuate a marked liquefied petroleum gas container; and (C) Deface, erase, cover up, remove, or conceal any name, mark, or other ownership identification on a marked liquefied petroleum gas container.

(D) This does not apply to cylinders of one hundred (100) pounds (propane capacity) or less.

(2) Any liquefied petroleum gas container moved at a consumer’s location and not connected for use shall meet the National Fire Protection Association’s (NFPA) fifty-eight (58) location and safety requirements, be placed on a firm foundation, and openings shall be capped or plugged.

History

• AUTHORITY: section 323.030, RSMo 2016. Original rule filed July 10, 2019, effective Jan. 30, 2020. Original authority: 323.030, RSMo 1947.

2 CSR 90-10.020 NFPA Manual No. 54, National Fuel Gas Code {#sec-2-csr-90-10.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.020}

PURPOSE: This rule regulates the installation of liquefied petroleum gas appliances and liquefied petroleum gas piping.

(11/30/24) John R. Ashcroft (1) Standards contained in National Fire Protection Association (NFPA) Manual No. 54, National Fuel Gas Code, 2024 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions to the referenced material. The balance of this rule sets forth requirements for liquefied petroleum gas (LP gas) applications not covered in the manual.

The scope of National Fire Protection Association (NFPA)

Manual No. 54, National Fuel Gas Code, 2024 edition, is to develop fire safety codes, standards, recommended practices, and manuals, as may be considered desirable, covering the installation of piping and appliances using fuel gases such as natural gas, manufactured gas, liquefied petroleum gas, and liquefied petroleum gas-air mixture.

(2) The repair or welding of LP gas appliance heat exchangers is strictly prohibited.

(3) All equipment covered by this standard shall be installed and maintained in compliance with the instructions provided by the manufacturer. Appliances designed to use only a specific fuel may not be converted to use a different fuel if the manufacturer has prohibited such conversions.

rule filed Jan. 24, 1968, effective Feb. 3, 1968. Amended: Filed Sept. 8, 1969, effective Sept. 18, 1969. Amended: Filed May 13, 1977, effective Jan. 13, 1978. Amended: Filed May 2, 1985, effective Sept. 27, 1985. Amended: Filed March 3, 1989, effective June 29, 1989.

Amended: Filed Nov. 13, 1997, effective June 30, 1998. Amended:

Filed Dec. 3, 2001, effective June 30, 2002. Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended: Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Amended: Filed June 16, 2014, effective Jan. 30, 2015.

Amended: Filed July 1, 2016, effective Feb. 28, 2017. Amended:

Filed Feb. 14, 2020, effective Aug. 30, 2020. Amended: Filed Aug. 18, 2022, effective March 30, 2023. Amended: Filed May 15, 2024, effective Dec. 30, 2024. *Original authority: 261.023, RSMo 1973, amended 2013, and 323.020, RSMo 1947, amended 1994, 1998, 2005, 2007.

History

• AUTHORITY: sections 261.023.6. and 323.020, RSMo 2016. Original

2 CSR 90-10.030 NFPA Manual No. 54A, Industrial Gas Piping and Equipment {#sec-2-csr-90-10.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.030}

(Rescinded January 13, 1978)

History

• AUTHORITY: section 323.020, RSMo 1969. Original rule filed Sept. 8, 1969, effective Sept. 18, 1969. Rescinded: Filed June 1, 1977, effective Jan. 13, 1978.

2 CSR 90-10.040 NFPA Manual No. 58, Storage and Handling of Liquefied Petroleum Gases {#sec-2-csr-90-10.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.040}

PURPOSE: This rule regulates the storage and handling of liquefied petroleum gases. The balance of the rule sets forth installation procedures required for liquefied petroleum gas carburetion which are not contained in National Fire Protection Association Manual No. 58.

(1) This rule incorporates by reference National Fire Protection Association (NFPA) Manual No. 58, Storage and Handling of Liquefied Petroleum Gases, 2024 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101, as the current standard for the storage and handling of liquefied petroleum gases (LP gas). This

rule does not incorporate any subsequent amendments or additions to the referenced material.

(2) All equipment shall be installed and maintained in compliance with the safety standards and in conformity with the rules.

(3) At all LP gas dispensers, it shall be the dispenser operator’s responsibility to provide initial training to persons who dispense propane. It shall be illegal for any person other than the trained person to operate the dispensing device. It shall be the responsibility of the owner or manager of each business, where a dispenser is located and operated, to ensure dispenser operators successfully complete training every three (3) years through a training program approved by the director.

rule filed Jan. 24, 1968, effective Feb. 3, 1968. Amended: Filed Sept. 8, 1969, effective Sept. 18, 1969. Amended: Filed Nov. 1, 1972, effective Nov. 10, 1972. Amended: Filed May 13, 1977, effective Jan. 13, 1978. Emergency amendment filed March 27, 1981, effective April 7, 1981, expired July 10, 1981. Amended: Filed March 27, 1981, effective July 11, 1981. Amended: Filed May 2, 1985, effective Sept. 27, 1985. Amended: Filed March 3, 1989, effective June 29, 1989.

Amended: Filed Nov. 13, 1997, effective June 30, 1998. Emergency amendment filed June 20, 2002, effective June 30, 2002, expired Dec. 30, 2002. Amended: Filed Dec. 3, 2001, effective June 30, 2002.

Amended: Filed Oct. 15, 2008, effective March 30, 2009. Amended:

Filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Amended: Filed June 16, 2014, effective Jan. 30, 2015. Amended: Filed July 1, 2016, effective Feb. 28, 2017. Amended: Filed Feb. 14, 2020, effective Aug. 30, 2020.

Amended: Filed May 15, 2024, effective Dec. 30, 2024. *Original authority: 261.023, RSMo 1973, amended 2013, and 323.020, RSMo 1947, amended 1994, 1998, 2005, 2007.

McConnell v. Pic-Walsh Freight Co., 432 S.W.2d 292 (Mo. 1968).

Plaintiff, employee of an LP gas company, was not contributorily negligent as a matter of law when he overfilled an LP gas tank on one (1) of defendant’s trucks after being assured by defendant’s employees that the tank was empty; plaintiff having no way of knowing the level of gas due to broken gauge. Defendant claimed plaintiff was negligent per se because he violated safety rules concerning the filling of tanks inside a building, but court held that “all reasonable minds would not conclude that the infractions were the proximate cause of the injury in this case, and therefore . . . plaintiff is not as a matter of law barred from recovery.”

History

• AUTHORITY: sections 261.023.6. and 323.020, RSMo 2016. Original

2 CSR 90-10.050 NFPA Manual No. 30, Flammable and Combustible Liquids Code {#sec-2-csr-90-10.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.050}

(Rescinded September 27, 1985)

Amended: Filed Nov. 12, 1982, effective Feb. 11, 1983. Rescinded:

Filed May 2, 1985, effective Sept. 27, 1985.

History

• AUTHORITY: section 323.020, RSMo 1978. Original rule filed July 20, 1967, effective July 30, 1967. Amended: Filed July 27, 1970, effective Aug. 6, 1970. Amended: Filed Nov. 1, 1972, effective Nov. 10, 1972. Amended: Filed May 13, 1977, effective Jan. 13, 1978.

2 CSR 90-10.060 NFPA Manual No. 59, LP Gases at Utility Gas Plants {#sec-2-csr-90-10.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.060}

(Rescinded January 30, 2012) effective Sept. 27, 1985. Rescinded: Filed June 13, 2011, effective Jan. 30, 2012.

2 CSR 90-10.070 NFPA Manual No. 501A, Manufactured Home Installations {#sec-2-csr-90-10.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.070}

(Rescinded January 30, 2012) effective Sept. 27, 1985. Rescinded: Filed June 13, 2011, effective Jan. 30, 2012.

2 CSR 90-10.080 Federal Housing and Urban Development (HUD) Standards Part 3280, Manufactured Home Construction and Safety Standards {#sec-2-csr-90-10.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.080}

(Rescinded June 29, 1989) effective Sept. 27, 1985. Rescinded: Filed March 3, 1989, effective June 29, 1989.

2 CSR 90-10.090 NFPA Manual No. 1192, Chapter 5, Standard on Recreational Vehicles {#sec-2-csr-90-10.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.090}

(Rescinded February 28, 2017)

Amended: Filed June 26, 2012, effective Jan. 30, 2013. Rescinded:

Filed July 1, 2016, effective Feb. 28, 2017.

History

• AUTHORITY: section 323.020, RSMo Supp. 2012. Original rule filed May 13, 1977, effective Jan. 13, 1978. Amended: Filed May 2, 1985, June 29, 1989. Amended: Filed June 13, 2011, effective Jan. 30, 2012.

2 CSR 90-10.100 Inspection of School Buses Propelled by Liquefied Propane Gas {#sec-2-csr-90-10.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.100}

(Rescinded March 30, 2009)

History

• AUTHORITY: section 323.020, RSMo 1986. Original rule filed Oct. 13, 1982, effective Feb. 11, 1983. Amended: Filed May 2, 1985, June 29, 1989. Rescinded: Filed Oct. 15, 2008, effective March 30, 2009.

2 CSR 90-10.120 Reporting of Odorized LP Gas Release, Fire, or Explosion {#sec-2-csr-90-10.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.120}

PURPOSE: This rule requires reporting of a release, fire, or explosion involving odorized liquefied petroleum gas (LP gas).

(1) At the earliest practical moment or within two (2) hours following discovery, the owner, manager, or operator of a vehicle or equipment regulated by this chapter shall notify the Missouri Propane Safety Commission by telephone of any event involving odorized liquefied petroleum gas (LP gas) release, fire, or explosion which— (A) Caused a death or any personal injury requiring hospitalization; or (B) Required taking an operating facility out-of-service; or (C) Resulted in uncontrolled gas release, fire, or explosion requiring an emergency response; or (D) Caused an estimated damage to the property of the operator, others, or both totaling five thousand dollars ($5,000) or more, including gas loss; or (E) Could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media interest; or (F) Is required to be reported to any other state or federal agency (such as the Missouri Department of Public Safety or the United States Department of Transportation).

(2) The telephonic notice required by section (1) shall be made to the commission at (573) 893-1073 and shall include the following:

(A) Name of reporting person;

(B) Location of leak or incident;

(C) Time of incident;

(D) Fatalities and personal injuries;

(E) Phone number of reporting person;

(F) Status of incident regarding immediate hazard; and (G) Other significant facts relevant to the incident.

(3) Following the initial telephone report, the person who made the telephone report or an authorized company representative shall submit a properly completed form MPSC-5524 to the director within fourteen (14) calendar days of the date of initial telephone notification unless an extension is authorized by the director to allow more time for investigation or research.

Form MPSC-5524, January 1, 2016, is published by the Missouri Propane Safety Commission, 4110 Country Club Dr., Ste. 200, Jefferson City, MO 65109-0302 and is incorporated by reference.

This rule does not incorporate any subsequent amendments or additions to the referenced material.

History

• AUTHORITY: section 323.025, RSMo 2016. Original rule filed June 13, 2011, effective Jan. 30, 2012. Amended: Filed June 26, 2012, effective Jan. 30, 2013. Non-substantive change filed July 1, 2016, published Aug. 31, 2016. Amended: Filed March 30, 2017, effective Oct. 30, 2017.

2 CSR 90-10.130 Addressing Commission {#sec-2-csr-90-10.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.130}

PURPOSE: This rule establishes procedures for the public to address the commission.

(1) All persons wishing to address the commission about an agenda item at an open meeting must file a petition to appear prior to the noticed meeting. This petition shall state the name of the person who wishes to address the commission and a summary of the material to be presented. No person interested in a case, matter, or application pending before the commission shall improperly attempt to influence the judgment of the commission by undertaking, directly or indirectly, to pressure or influence the commission, with regard to the case, matter, or application.

2 CSR 90-10.140 Informal Hearing {#sec-2-csr-90-10.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.140}

PURPOSE: This rule provides a procedure for informal hearings before the Missouri Propane Safety Commission under section 323.110, RSMo.

(1) Notice of Violation. A notice of violation shall be issued to any person (the respondent) who is found, upon investigation by the commission, to be in possible violation of sections 323.005 to 323.210, RSMo. The notice shall be sent to the respondent by certified mail and/or hand delivered and posted at the violation location by the commission or its designee and shall set forth the facts supporting the alleged violation, and the date, time, and location of an informal hearing at which the facts of the alleged violation may be explained.

(2) Hearing Officer. The hearing shall be conducted by one (1) or more of the commissioners or by any qualified person or persons designated by the commission.

(3) Documents. Before the hearing and at the respondent’s cost and expense, the respondent may inspect and copy any documents relied upon by the commission as the basis for the notice of violation.

(4) Evidence. The commissioner(s), or the commission’s attorney, and the respondent will have the opportunity to present evidence and to question any witnesses. The technical rules of evidence shall not apply. The commission is not required to record or transcribe the proceedings of the hearing. The burden shall be on the respondent to show why the respondent is not in violation of sections 323.005 to 323.210, RSMo as alleged in the notice.

(5) Attorney. Respondent may be represented by an attorney.

The commission’s attorney may also appear and participate in the hearing.

(6) Formal Hearing. In the event that the respondent fails to timely respond to the notice of violation or upon unsuccessful resolution of any issues relating to an alleged violation, the respondent may be summoned to a formal administrative hearing before the commission.

(7) Cease and Desist Order. If the respondent is found to have committed one (1) or more violations of sections 323.005 to 323.210, RSMo, the commission may order the respondent to cease and desist from such violation(s), such order to be enforceable as provided by law.

(8) Option to Request Formal Hearing. Respondent may request a formal hearing in lieu of an informal hearing regarding the notice of violation.

March 12, 2019, effective Oct. 30, 2019. Amended: Filed Jan. 14, 2026, effective July 30, 2026.

2 CSR 90-10.145 Formal Hearings {#sec-2-csr-90-10.145 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.145}

PURPOSE: The purpose of rules 2 CSR 90-10.145 through 2 CSR 90-10.180 is to provide procedures for formal hearings before the Missouri Propane Safety Commission pursuant to sections 323.080, 323.110, and 323.115, RSMo.

(1) The rules contained in 2 CSR 90-10.145 through 2 CSR 90- 10.180 shall govern all formal hearings of the commission. In all formal hearings before the commission, the registrant, or the party notified, shall be the respondent. For good cause, the commission may extend the time limits set forth in rules 2 CSR 90-10.145 through 2 CSR 90-10.180.

2 CSR 90-10.150 Hearing Officer {#sec-2-csr-90-10.150 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.150}

PURPOSE: This rule describes appointment of hearing officers.

(1) The commission shall retain a hearing officer to conduct the hearings required by the statutes and regulations over which the commission has jurisdiction.

(2) The hearing officer shall be a member in good standing of the Missouri Bar.

(3) Following each hearing, the hearing officer shall recommend proposed findings of fact, conclusions of law, and a final order to the commission.

(4) The commission shall review the recommendation of the hearing officer and issue findings of fact, conclusions of law, and enter a final order.

2 CSR 90-10.155 Requests for Hearings {#sec-2-csr-90-10.155 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.155}

PURPOSE: This rule establishes the procedure for requesting a hearing.

(1) All requests for hearings must— (A) Be in writing;

(B) State the name, current address, and current telephone number of the respondent;

(C) State the number assigned to the matter by the commission;

(D) State the particular section of the statutes or commission

rule involved; and (E) State in detail the reasons and facts upon which the respondent relies in contending that the commission’s decision or other action is in error including specific responses to any facts enumerated in the commission's notice or hearing and disciplinary action or other document evidencing legal action.

(2) A request for hearing must be submitted within thirty (30) days from the date of mailing by the commission of the decision or issue about which the respondent requests a hearing.

(A) The respondent may submit a request for hearing by— 1. Personal delivery;

2. Certified mail, postage prepaid; or 3. Overnight express mail, postage prepaid.

(B) All requests for hearings must be submitted to the commission at the commission’s office in Jefferson City.

(C) Documents or papers shall be considered filed on the date received to the commission.

(D) The hearing officer may deny a request for hearing if the statement of reasons and facts submitted by the respondent do not establish a prima facie case. Amendments to the respondent’s request for hearing shall be freely given when justice so requires.

(3) A notice of a suspension of registration shall be in writing and shall state the time and place for a hearing on the contemplated disciplinary action and shall be sent by registered mail to the respondent.

(4) Except as otherwise provided by law, the respondent shall be served with written notice of the time and place of hearing by certified mail, postage prepaid.

2 CSR 90-10.160 Appearances {#sec-2-csr-90-10.160 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.160}

PURPOSE: This rule establishes the procedures for attorneys filing appearances.

(1) A party may be represented by an attorney who is licensed in Missouri. All attorneys who appear in a representative capacity on behalf of a party must file entry of appearance setting forth— (A) The name, address, telephone number, and Missouri Bar number of the attorney(s); and (B) The name and address of the party represented.

(2) Upon motion, the hearing officer may permit a member, in good standing of the bar of the highest court of any state or of any United States district court, to argue and appear on behalf of a particular hearing in whole or in part on behalf of a party.

(3) An attorney may only withdraw his/her appearance upon a written request to the hearing officer stating the reasons therefore and after permission from the hearing officer.

(4) Any individual may appear on his/her own behalf.

2 CSR 90-10.165 Disciplinary Action {#sec-2-csr-90-10.165 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.165}

PURPOSE: This rule establishes the procedures for disciplinary action.

(1) When notified of facts sufficient to support disciplinary action against a respondent under the applicable statutes or rules, the commission may propose disciplinary action against a respondent. If the commission proposes disciplinary action, it shall notify the respondent of the disciplinary action proposed as provided by these rules or by law, including with the notification a proposed order for disciplinary action.

(2) The proposed order shall include a statement of facts supporting the disciplinary action, the rule or statutory section the respondent is being charged with violating, and the disciplinary action proposed. The director shall mail a copy of the proposed order by first class mail, postage prepaid to the respondent and certify to the date of mailing.

(3) Within thirty (30) days from the date of mailing of the proposed order, the respondent shall file his/her/its request for hearing by serving it on the director. If a request for hearing is not filed, the proposed order shall become a final order of the commission.

(4) The commission may authorize the director to investigate and to issue a proposed order for disciplinary action with regard to any applicant for or holder of a registration of the type that may be issued by the director.

2 CSR 90-10.170 Proceedings {#sec-2-csr-90-10.170 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.170}

PURPOSE: This rule establishes procedures for conducting hearings.

(1) The commission may issue subpoenas and subpoenas duces tecum for the production of books, records, and other pertinent documents, or upon written request to appear and offer testimony.

(2) Discovery may be obtained by the same means and under the same conditions as in civil actions in the circuit court.

Sanctions for abuse of the discovery process or failure to comply with commission orders regarding discovery shall be the same as those provided for in the rules of civil procedure.

(3) Any party may petition the commission to hold a prehearing conference at any time prior to the hearing.

(4) All prehearing conferences shall be held as directed by the commission or the hearing officer, and reasonable notice of the prehearing conference time shall be given to all parties involved.

(5) The burden of proof shall be upon the respondent to show cause by clear and convincing evidence why the proposed disciplinary action should not be ordered.

(6) All testimony shall be given under oath or affirmation.

(7) Petitioner may present an opening statement, and the commission shall present an opening statement on the merits.

Petitioner proceeds first to present evidence, except in the case of disciplinary actions against respondents, in which case the commission shall present evidence first. The hearing officer shall then hear evidence from the other party and any evidence in rebuttal.

(8) Each party may conduct cross-examination of adverse witnesses.

(9) Both parties may present closing argument. The party who presented evidence first shall argue first, then the other party, followed by any rebuttal argument.

(10) The parties may request, or the hearing officer may require, that the parties submit briefs.

(11) Failure of the respondent to appear at the hearing shall constitute an admission of all matters and facts alleged by the commission in its notice of disciplinary action and a waiver of the respondent’s right to a hearing, but the commission in its discretion may nevertheless order a hearing.

2 CSR 90-10.175 Settlements {#sec-2-csr-90-10.175 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.175}

PURPOSE: This rule establishes the procedures for settlements and settlement offers.

(1) The parties may propose settlement agreements to the hearing officer or to the commission at any stage of the proceedings, including prior to the entry of a final order or prior to the commencement of the proceedings.

(2) All settlement agreements shall be in writing, signed by the parties, and accurately reflect all the terms of the settlement, including the facts agreed to by the parties constituting the grounds for the action proposed in the settlement.

(3) The settlement agreement shall be presented to the commission for its approval or disapproval. If the commission approves the settlement offer it will become the final commission order. If the commission disapproves the settlement offer the parties shall be notified and the settlement agreement and any documents solely relating to the offer shall not constitute part of the record.

2 CSR 90-10.180 Contents of the Record, Commission Order and Applications for Rehearing {#sec-2-csr-90-10.180 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-10.180}

PURPOSE: This rule establishes the contents of the evidentiary record and procedures for issuance of the commission order.

(1) The record shall consist of the following:

(A) The commission's notice to respondent, the request for hearing, all motions, rulings on the request for hearing, and all other matters;

(B) All evidence received;

(C) A statement of matters officially noticed;

(D) Offers of proof, objections, and ruling on them;

(E) All pleadings filed by either party;

(F) The transcript of the hearing; and (G) All briefs filed by either party.

(2) Oral proceedings, or any part of them, shall be stenographically recorded or recorded by other means which adequately insure the preservation of the testimony or oral proceedings, and shall be transcribed on request of any party.

The transcript shall be paid for by the requesting party.

(3) Commission Order.

(A) The record of a case shall stand submitted for consideration by the commission after the recording of all evidence or, if applicable, after the filing of briefs or the presentation of oral argument.

(B) The commission’s order shall be in writing and shall be issued as soon as practicable after the record has been submitted for consideration.

(C) Every order of the commission shall be served by mailing a certified copy, with postage prepaid, to all parties of record.

(D) The commission may, at its discretion, issue a preliminary order and allow parties to provide responses to the preliminary order. The commission may then issue its order after reviewing the responses of the parties.

(E) As technology permits, and where the parties have provided their electronic mail address, the commission will attempt to issue an electronic copy of each order.

(F) The commission’s order shall be deemed final twenty (20) days after it is rendered.

(4) Applications for Rehearing.

(A) Applications for rehearing of the commission’s decision may be filed within twenty (20) days of the date of the order. The commission’s order shall be considered final after rehearing, if granted, or the date when all applications for rehearing are overruled. An application for rehearing shall be deemed overruled for all purposes if the commission does not

rule on it within sixty (60) days after the date the application is filed.

(B) At any time before a final order is issued, the commission may, on its own motion, reconsider, correct, or otherwise amend any order or notice issued in the case.

Chapter 11 Anhydrous Ammonia

2 CSR 90-11.010 ANSI K61.1–1999, Safety Requirements for the Storage and Handling AGRICULTURE Consumer Protection {#sec-2-csr-90-11.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-11.010}

2 CSR 90-11.010 ANSI K61.1–1999, Safety Requirements for the Storage and Handling of Anhydrous Ammonia {#sec-2-csr-90-11.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-11.010}

PURPOSE: This rule sets forth minimum safety requirements for the storage, transportation, and handling of anhydrous ammonia.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

Summary: The American National Standards Institute (ANSI), Safety Requirements for the Storage and Handling of Anhydrous Ammonia, publication No. K61.1–1999, is a guideline established for authorities charged with regulating the storage, transportation, and handling of anhydrous ammonia. These requirements apply to the design, construction, repair, alteration, location, installation, or operation of anhydrous ammonia systems including refrigerated ammonia storage systems. However, these requirements do not apply to ammonia manufacturing plants, refrigeration plants where ammonia is used solely as a refrigerant or ammonia transportation pipelines.

(1) The rule for the Division of Weights and Measures for safety requirements for anhydrous ammonia shall be those guidelines presented in the ANSI K61.1–1999, entitled Safety Requirements for the Storage and Handling of Anhydrous Ammonia.

(2) Cylinders and other portable containers used in anhydrous ammonia service shall be designed, fabricated, tested, constructed, marked, and placarded in accordance with the United States Department of Transportation Hazardous Materials regulations contained in 49 CFR parts 100 to 185, which are herein incorporated by reference, and approved for the storage and transportation of anhydrous ammonia. Each cylinder utilized for the storage and transportation of anhydrous ammonia shall be labeled, in a conspicuous location, with the words “ANHY- DROUS AMMONIA” or “CAUTION:

ANHYDROUS AMMONIA” and the UN number 1005 (UN 1005).

Filed June 27, 2018, effective Jan. 30, 2019. *Original authority: 266.355, RSMo 1983, amended 1993, 2010.

JOHNR. ASHCROFT(12/31/18)

History

• AUTHORITY: section 266.355, RSMo 2016. Original rule filed Jan. 15, 1985, effective April 11, 1985. Emergency amendment filed Nov. 17, 2003, effective Nov. 27, 2003, expired May 12, 2004. Amended: Filed Nov. 17, 2003, effective May 30, 2004. Amended:

Chapter 20 Method of Sale for Products

2 CSR 90-20.030 Sale of Meat, Poultry and Seafood {#sec-2-csr-90-20.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-20.030}

(Rescinded August 11, 1984). . . . . . . . . . 3

2 CSR 90-20.040 NIST Handbook 130, “Uniform Regulation for the Method of Sale Protection {#sec-2-csr-90-20.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-20.040}

2 CSR 90-20.010 Sale of Wood {#sec-2-csr-90-20.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-20.010}

History

• AUTHORITY: section 413.065, RSMo 1969. Original rule filed Nov. 30, 1959, effective Dec. 9, 1959. Rescinded: Filed May 9, 1984, effective Aug. 11, 1984.

2 CSR 90-20.020 Sale of Bread {#sec-2-csr-90-20.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-20.020}

History

• AUTHORITY: section 413.065, RSMo 1969. Original rule filed Nov. 30, 1959, effective Dec. 9, 1959. Rescinded: Filed May 9, 1984, effective Aug. 11, 1984.

2 CSR 90-20.030 Sale of Meat, Poultry and Seafood {#sec-2-csr-90-20.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-20.030}

History

• AUTHORITY: section 413.065, RSMo Supp. 1983. Original rule filed Nov. 20, 1963, effective Nov. 30, 1963. Amended: Filed April 24, 1974, effective May 4, 1974. Rescinded: Filed May 9, 1984, effective Aug. 11, 1984.

2 CSR 90-20.040 NIST Handbook 130, “Uniform Regulation for the Method of Sale of Commodities” {#sec-2-csr-90-20.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-20.040}

PURPOSE: This rule achieves, to the maximum extent possible, uniformity in weights and measures laws and regulations among states and local jurisdictions, which facilitates trade between the states and provides uniform and sufficient protection to all consumers in weights and measures.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: The sections of NIST Handbook 130 pertaining to regulation of the method of sale of commodities are a result of the combined efforts of the National Conference on Weights and Measures, the National Institute of Standards and Technology (NIST) and state divisions of weights and measures.

The method of sale of commodities regulation prescribes approved method of sale of food and nonfood products, presentation of price, allowable differences, combination quantity declarations, machine vended commodities, and railroad car tare weights.

(1) The rule for the Division of Weights, Measures and Consumer Protection for method of sale of commodities incorporates by reference the section of the NIST Handbook 130, 2023 edition, entitled “Uniform Regulation for the Method of Sale of Commodities,” except for section 2.20 related to gasoline-oxygenate blends. NIST Handbook 130, 2023 edition, is published by the U.S. Government Publishing Office. A copy of this material can be obtained free of charge online at NIST.gov or a hard copy may be purchased from the National Conference of Weights and Measures at NCWM.net.

This regulation does not include any later amendments or additions to NIST Handbook 130.

Amended: Filed Dec. 11, 1991, effective April 9, 1992. Amended:

Filed Feb. 24, 1995, effective Aug. 30, 1995. Amended: Filed Aug. 13, 1996, effective Feb. 28, 1997. Amended: Filed April 9, 1998, effective Oct. 30, 1998. Amended: Filed Feb. 25, 2000, effective Sept. 30, 2000. Emergency amendment filed Aug. 30, 2002, effective Sept. 10, 2002, expired March 9, 2003. Amended: Filed Aug. 30, 2002, effective Feb. 28, 2003. Amended: Filed Dec. 15, 2005, effective June 30, 2006. Amended: Filed June 27, 2018, effective Jan. 30, 2019.

Amended: Filed July 12, 2021, effective Feb. 28, 2022. Amended:

Filed May 11, 2023, effective Nov. 30, 2023. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.

History

• AUTHORITY: section 413.065, RSMo 2016. Original rule filed May 9, 1984, effective Aug. 11, 1984. Amended: Filed March 3, 1986, effective June 12, 1986. Amended: Filed Feb. 3, 1989, effective April 27, 1989. Amended: Filed Nov. 1, 1989, effective Feb. 11, 1990.

Chapter 21 Weighing and Measuring Devices

2 CSR 90-21.025 Intervals to Inspect and Test Commercial Weighing and Measuring Protection {#sec-2-csr-90-21.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.025}

2 CSR 90-21.010 Registration of Servicepersons and Service Agencies {#sec-2-csr-90-21.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.010}

PURPOSE: This rule covers guidelines pertaining to the registration of servicemen for commercial weighing devices (formerly listed as

Regulation 8).

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: NIST Handbook 130 covers the registration of servicepersons and service agencies, which promotes uniformity among jurisdictions that provide for or are contemplating the establishment of some type of control over the servicing of commercial weighing and measuring devices.

(1) The rule for the Division of Weights, Measures and Consumer Protection for Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices shall incorporate by reference the section of the NIST Handbook 130, 2023 Edition, entitled “Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices.”

NIST Handbook 130, 2023 Edition, is published by the Superintendent of Documents, U.S. Government Publishing Office, and is available free of charge online at www.NIST.gov or a hard copy may be purchased from the National Conference on Weights and Measures at www.NCWM.net. This regulation does not include any later amendments or additions to NIST Handbook 130.

(2) For the purposes of this regulation, the following terms shall mean— (A) Calibration certificate—a certificate that indicates a mass or volume standard has a traceable calibration;

(B) Registration card—a card issued by the Division of Weights, Measures and Consumer Protection that indicates a serviceperson’s name, registration number, date of issuance, scope of work the person is allowed to perform, and the expiration date of the calibration certificate associated with the person’s equipment;

(C) Service agency—a company performing installation, repair, or calibration on a weighing or measuring device;

(D) Service work—installation, repair, or calibration performed on a weighing or measuring device that is placed into service for commercial purposes; and (E) Serviceperson—an employee of a service agency performing installation, repair, or calibration on a weighing or measuring device.

(3) Registration of Servicepersons and Service Agencies. Any serviceperson or service agency that places a weighing and measuring device into service or restores a device to service shall be registered with the Division of Weights, Measures and Consumer Protection by submitting an application. Companies that are calibrating commercial weighing and measuring devices in the field are required to submit calibration certificates along with their application and must maintain calibrated equipment that is less than two (2) years from the date of calibration. Any company that does not perform calibration work, but is still placing a commercial weighing or measuring device into service, is exempt from submitting calibration certificates with their application. All registration fees are due to the division annually on July 1 and are to include a one hundred dollar ($100) registration fee for any service agency and a twenty-five dollar ($25) fee for every serviceperson. No serviceperson or service agency shall place into service a commercial weighing or measuring device without payment of the annual fee.

(4) New Registrations. Any unregistered serviceperson or service agency can register with the division at any time during the calendar year but must do so before performing service work in this state.

(5) Registration Card Expiration. Registration cards shall expire two (2) years from the oldest date of calibration on the calibration certificate(s) submitted on the application or submitted for renewal and may be renewed by that date to avoid expiration. Companies that are exempted from submitting calibration certificates in section (3) will be issued registration cards that expire two (2) years from the date the application was received.

(6) Registration Card Renewal. Any serviceperson or service agency may renew their registration card(s) by submitting the serviceperson name(s), registration number(s), and current calibration certificate(s) to the Division of Weights, Measures and Consumer Protection.

(7) All service work performed on a weighing or measuring device shall be performed with calibrated equipment or shall be deemed invalid. Should the division determine that a device has been improperly placed into service, an official rejection tag shall be placed on the device until a proper placed-inservice report is received by the department.

(8) Placed-in-Service Report. Within twenty-four (24) hours after a device is restored to service or placed in service, the original of the properly executed placed-in-service report, together with any official rejection tag removed from the device, shall be forwarded to MDA—Weights, Measures and Consumer Protection Division, PO Box 630, Jefferson City, MO 65102-0630 or faxed to (573) 751-0281.

Amended: Filed Nov. 23, 2022, effective July 30, 2023. Amended:

Filed Aug. 26, 2025, effective Feb. 28, 2026. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.

History

• AUTHORITY: section 413.065, RSMo 2016. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Nov. 14, 1977, effective April 13, 1978. Amended: Filed May 17, 1988, effective Aug. 11, 1988. Emergency amendment filed July 27, 1995, effective Aug. 5, 1995, expired Dec. 2, 1995. Amended: Filed July 27, 1995, effective Jan. 30, 1996. Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed July 12, 2021, effective Feb. 28, 2022.

2 CSR 90-21.020 Sale and Installation of Scales {#sec-2-csr-90-21.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.020}

(Rescinded April 11, 1985)

(1/29/26) Denny Hoskins AND CONSUMER PROTECTION 2 CSR 90-21—DEPARTMENT OF AGRICULTURE

History

• AUTHORITY: section 413.335, RSMo 1978. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Nov. 14, 1977, effective April 13, 1978. Rescinded: Filed Jan. 15, 1985, effective April 11, 1985.

2 CSR 90-21.025 Intervals to Inspect and Test Commercial Weighing and Measuring Devices {#sec-2-csr-90-21.025 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.025}

PURPOSE: This rule sets intervals at which commercial devices will be inspected and tested.

(1) Pursuant to subdivision 7 of section 413.065, RSMo, all commercial devices shall be sealed by the director annually.

History

• AUTHORITY: section 413.065, RSMo 1994. Original rule filed Sept. 27, 1995, effective April 30, 1996.

2 CSR 90-21.030 Requirements for Pit Type Scales {#sec-2-csr-90-21.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.030}

PURPOSE: This rule covers installation requirements for pit type scales.

(1) The minimum pit depth, measured from the bottom of the weighbridge main beams to the floor of the pit, shall be twenty-four inches (24") for load cell or two (2) section levertype vehicle and axle-load scales, thirty-two inches (32") for three (3) or more section lever-type vehicle scales, and fortyeight inches (48") for scales used for weighing livestock.

(2) The pit floor shall be of concrete sloped to a drain or sump, or both, located in close proximity to the entrance of the pit.

(3) One (1) opening shall be provided in the scale platform, pit neck covering or pit wall to provide access to the pit, except that two (2) openings shall be provided in the platform for scales with platforms longer than forty feet (40') for axle-load and vehicle scales.

(4) Openings in the scale platform or pit neck cover shall be either a circle of not less than twenty-four inches (24") in diameter or a square with at least twenty-two inch (22") sides.

(5) An entrance through a pit wall shall be a minimum of three feet (3') wide. The top of the opening shall not be lower than the bottom of the main girders and the bottom of the opening shall be approximately even with the floor. The center line of any lever extending through a pit wall opening shall be at least twenty-seven inches (27") from one (1) side of the opening.

(6) Main load bearing piers shall be of concrete poured to a depth lower than the local frost line. They shall be of monolithic construction with the walls or tied to the walls or floor with reinforcing steel. Steel perimeter coping shall be installed around the inside edge of the top of the pit walls.

Adequate provisions shall be included in the pit wall to prevent damage by platform restraint devices.

(7) Approaches to Pit Type Scales.

(A) Vehicle Scales. On the entrance and exit ends of a vehicles scale there shall be a straight approach a) the width at least the width of the platform, b) the length at least one-half (1/2) the length of the platform, but not required to be more than forty feet (40') and c) not less than ten feet (10') of any approach adjacent to the platform shall be constructed of concrete or similar durable material to insure that this portion remains smooth and level and in the same plane as the platform.

However, grating of sufficient strength to withstand all loads equal to the concentrated load capacity of the scale may be installed in this portion. Any slope in the remaining portion (B) Axle-Load Scales. At each end of an axle-load scale there shall be a straight paved approach in the same plane as the platform. The approaches shall be the same width as the platform and of sufficient length to insure the level positioning of vehicles during weight determinations.

(C) Livestock Scales. Approaches shall be of reinforced concrete. On at least one (1) entrance there shall be a ten-foot (10') approach at least as wide as the gate with a minimum gate width of four and one-half feet (4 1/2'), accessible for movement of test weights to the scale platform. This approach may be on an incline from the scale platform, but not such that would hamper the movement of test weights onto the scale platform.

1. Livestock scales installed prior to July 1, 1998, shall be exempt from the requirements of subsection (7)(C) of this rule.

(D) Railroad Track Scales. Approach rails must be installed in accordance with the requirements as outlined in the AAR Scale Handbook.

(8) All scale pit walls having traffic adjacent shall be reinforced to withstand traffic pressures.

(9) All scale pits shall have 110-volt alternating current (AC) outlets and permanent lights.

(10) Mechanical indicators shall be mounted on steel or concrete and made integral with the scale pit.

(11) If any provision of these rules is declared invalid, the validity of the remainder of these rules shall not be affected.

Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Nov. 14, 1977, effective April 13, 1978. Amended: Filed April 22, 1981, effective Sept. 11, 1981. Amended: Filed Nov. 3, 1997, effective May 30, 1998.

2 CSR 90-21.040 Portable or Self-Contained Scale Requirements {#sec-2-csr-90-21.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.040}

PURPOSE: This rule covers the installation of portable or selfcontained scales for use in semi-permanent locations for less than one hundred eighty days.

(1) Portable or self-contained scales may be used commercially for weighing soil, lime, gravel, sand, cement, and other building material when installed in accordance with the original scale manufacturer’s recommendations.

(2) Approaches to Portable or Self-Contained Scales.

(A) Approaches shall be at least the width of the platform, at least one-half (1/2) the length of the platform but not required to be more than forty feet (40') and not less than ten feet (10') of any approach adjacent to the platform shall be constructed to insure that this portion remains smooth and level and in the same plane as the platform. Any slope in the remaining portion (3) The indicating element shall be in a weatherproof housing and shall not be openly exposed to the elements. All mechanical indicators shall be mounted on a concrete pier or slab.

(4) Tolerances shall be as defined in the current edition of NIST Handbook 44 for commercial weighing devices. All scales represented as complying with this rule shall meet all of the standards specified and all applicable specifications and performance requirements of the current edition NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.

(5) Sides of the scale are not required to be enclosed unless the scale is located in an area where air currents will affect weighments.

(6) Requirements of section 413.175, RSMo must be met prior to the actual installation of devices covered in this rule. Following installation, any device covered in this rule must be calibrated and placed in service by a registered Missouri scale serviceman or officially examined by Missouri Weights and Measures Division before the device can be used in commercial service.

(7) If any provision of these rules is declared invalid, the validity of the remainder of these rules shall not be affected.

Dec. 30, 1975, effective Jan. 9, 1976. Rescinded: Filed Nov. 14, 1977, effective April 13, 1978. Readopted: Filed April 22, 1981, effective Sept. 11, 1981. Amended: Filed Jan. 15, 1985, effective April 11, 1985.

Amended: Filed April 11, 1994, effective Sept. 30, 1994. Amended:

Filed Nov. 3, 1997, effective May 30, 1998.

2 CSR 90-21.050 Requirements for Pitless Scales {#sec-2-csr-90-21.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.050}

PURPOSE: This rule covers installation requirements for pitless scales.

(1) This rule shall apply to the installation of vehicle, axle-load and livestock scales of pitless full electronic or mechanical and self-contained electronic or mechanical design being installed in one (1) permanent location for more than one hundred eighty (180) days.

(A) A pitless scale may be installed in a pit; however, all pit requirements of 2 CSR 90-21.030 must be met.

(2) All scales represented as complying with this rule shall meet all of the standards specified and all applicable specifications and performance requirements of the current edition of National Institute of Standards and Technology (NIST) Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.

(3) Whenever the provisions of this rule call for the use of reinforced concrete, the concrete shall be of grade and reinforced in the manner consistent with the guidelines established by the American Concrete Institute.

(4) A suitable foundation must be provided for the scale to rest on. This foundation should meet the following minimum requirements:

(A) Adequate bearing area to match piers to existing soil bearing capabilities stabilized at the desired grade (elevation) to support at least three thousand (3000) pounds per square foot in pier locations;

(B) The scale foundations installer shall be responsible for determining whether or not soil characteristics meet the requirements of subsections (4)(A) for a particular design, by employing a penetrometer or plate-bearing test using proper American Society of Testing and Materials (ASTM) guidelines.

If soil conditions do not meet those requirements, the installer shall notify the owner; and the owner shall arrange for spread footing design modifications to suit the existing soil conditions;

(C) The scale may be installed above the ground; however, the installation should be such that surface water will drain away from the scale area; and (D) Access to critical scale parts must be provided to permit proper inspection, servicing and cleaning.

(5) Piers.

(A) Piers shall be of reinforced concrete poured to the depth of the local frost line but not less than three feet (3').

(B) All piers must be interlocked by a solid reinforced concrete slab with a minimum thickness of six inches (6"). This slab may be below the top of the piers to promote access and cleanout; or by reinforced concrete sides with a minimum thickness of twelve inches (12") and the same depth as the piers in which case the horizontal area between the piers will be of concrete with a minimum thickness of three inches (3"), not necessarily tied to the piers or in the same plan, to promote cleanliness.

(C) Piers must support the combined loads applied by the weight of the scale, the weighbridge, plus the maximum anticipated load on the scale and must distribute these loads evenly over the underlying ground so that any settlement of the structure shall be as little as possible and that settlement shall be uniform throughout the structure.

(D) Reinforcing should extend the entire width of the piers and be of a minimum schedule consistent with the American Concrete Guidelines.

(E) Anchor bolts for check stands and load cell stands shall be of the embedded type or thunderstuds if installed in accordance with good engineering practice to assure that those working parts of the scale remain securely anchored during normal and reasonable use of the scale.

(6) On scales with a mechanical indicating element, the element shall be mounted on a firm foundation which is adequate to prevent deflection or vibration.

(7) Approaches to Pit Type Scales.

(A) Vehicle Scales. On the entrance and exit ends of a vehicle scale there shall be a straight approach a) the width at least the width of the platform, b) the length at least one-half (1/2) the length of the platform but not required to be more than forty feet (40'), and c) not less than ten feet (10') of any approach adjacent to the platform shall be constructed of concrete or similar durable material to ensure that this portion remains smooth and level and in the same plane as the platform.

However, grating of sufficient strength to withstand all loads equal to the concentrated load capacity of the scale may be installed in this portion. Any slope in the remaining portion (1/29/26) Denny Hoskins AND CONSUMER PROTECTION 2 CSR 90-21—DEPARTMENT OF AGRICULTURE (B) Axle-Load Scales. At each end of an axle-load scale there shall be a straight paved approach in the same plane as the platform. The approaches shall be the same width as the platform and of sufficient length to insure the level positioning of vehicles during weight determinations.

(C) Livestock Scales. Approaches shall be of reinforced concrete. On at least one (1) entrance there shall be a ten-foot (10') approach at least as wide as the gate with a minimum gate width of four and one-half feet (4 1/2'), accessible for movement of test weights to the scale platform. This approach may be on an incline from the scale platform, but not such that would hamper the movement of test weights onto the scale platform.

1. Livestock scales installed prior to July 1, 1998, shall be exempt from the requirements of subsection (7)(C) of this rule.

(D) Railroad Track Scales. Approach rails must be installed in accordance with requirements as outlined in the AAR Scale Handbook.

(8) The lever fulcrum stands or load cell stands shall be so designed, constructed and installed that under any practical conditions of loading, the resultant force through the bearings or load cell(s) will fall within the middle third of the length and width of the base.

(9) Means shall be provided to restrict motion of the weighbridge or platform, not to exceed one-quarter inch (1/4") in any horizontal direction unless the manufacturer proves this unnecessary for a particular design.

(10) Electronic, hydraulic and mechanical indicating elements, where used, shall be installed in a location and in a manner to assure continuous accurate performance under all ambient conditions.

(11) Load cells employed in vehicle scales shall meet the following minimum standards.

(A) The output characteristics of the load cells shall be such that they will not cause the systems performance to vary beyond allowable tolerances; and (B) Each individual load cell shall be capable of withstanding loads equal to one hundred fifty percent (150%) of its rated capacity without change in span calibration. Each load cell support structure shall be capable of withstanding loads equal to three hundred percent (300%) of the rated capacity of the cell without physical failure of the structure.

(12) All cabling between load cells, junction boxes and electronic instrumentation shall be shielded and grounded as recommended by the original scale manufacturer. The ground shall be a copper clad rod which, whenever possible, shall be driven to a depth of the water table. Connection between the ground rod and the common ground points of the system shall be made with heavy copper wire of No. 10 gauge or larger. All cables shall be insulated with materials having good nonhygroscopic qualities and stable capacitance between conductors. All cable connections, as well as the cell itself, shall be properly protected against moisture penetration. Load cell cables physically shall be separated from power cables and never shall be run in the same conduit.

(13) The power source for the electronic instrumentation shall be free from harmonics and electrical noise transients.

(A) The power source shall be on a separate circuit back to the distribution transformer with no other loads connected, unless it can be demonstrated that the other live loads will not affect the accuracy of the instrumentation.

(B) One (1) side of the power source should be at ground potential.

(14) Individual requirements of sections (12) and (13) may be waived if the manufacturer or installer demonstrates other means of providing adequate protection against moisture, radio frequency interference (R.F.I.), lightning and power surges.

(15) Pitless scales installed prior to April 11, 1985, shall be exempted from the requirements of this rule.

(16) Requirements of section 413.175, RSMo must be met prior to the actual installation of devices covered in this rule. Following installation, any device covered in this rule must be calibrated and placed in service by a registered Missouri scale serviceman or officially examined by Missouri Weights and Measures Division before the device can be used in commercial service.

(17) If any provision of these rules is declared invalid, the validity of the remainder of these rules shall not be affected.

Jan. 15, 1985, effective April 11, 1985. Amended: Filed April 14, 1994, effective Sept. 30, 1994. Amended: Filed Nov. 3, 1997, effective May 30, 1998.

2 CSR 90-21.060 National Type Evaluation Regulation {#sec-2-csr-90-21.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-21.060}

PURPOSE: This rule adopts uniform guidelines established by the National Conference on Weights and Measures pertaining to the type evaluation of weighing and measuring devices.

(1) The Division of Weights, Measures and Consumer Protection shall use the guidelines established by the National Conference on Weights and Measures (NCWM) for examining weighing and measuring devices for type evaluation.

(2) This rule shall apply to all classes of devices and/or equipment as covered in the current editions of NIST Handbooks 44, 105-1–105-3.

(3) For the purpose of this rule the following definitions shall apply:

(A) National Type Evaluation Program means a program of cooperation between the National Conference on Weights and Measures, National Institute of Standards and Technology, other federal agencies, the state and the private sector for determining uniform conformance of a type with the relevant provisions of NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, and National Conference on Weights and Measures, Publication 14, National Type Evaluation Program, Administrative Procedures, Technical Policy, Checklists, and Test Procedures;

(B) Type evaluation means the testing, examination, evaluation, or both, of a type by a participating laboratory under the National Type Evaluation Program;

(C) Type means a model(s) of a particular measurement system, instrument, element or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance and operating characteristics as specified in the certificate of conformance;

(D) Participating laboratory means any state measurement laboratory that has been certified by the NCWM, in accordance with its program for the certification of capability of state measurement laboratories, to conduct a type evaluation under the National Type Evaluation Program;

(E) Certificate of conformance means a document issued by the NCWM based on testing in participating laboratories and constituting evidence of conformance of a type with the requirements of NIST Handbooks 44, 105-1, 105-2 or 105-3; and (F) Director means the director of the Department of Agriculture.

(4) The director may require any weight or measure or any weighing or measuring instrument or device to be issued a certificate of conformance prior to use for commercial or law enforcement purposes.

(5) The director is authorized to operate a participating laboratory as part of the National Type Evaluation Program and to charge and collect fees for type evaluation services.

History

• AUTHORITY: section 413.065, RSMo 2000. Original rule filed March 29, 1989, effective June 11, 1989. Amended: Filed Dec. 11, 1991, effective April 9, 1992. Amended: Filed April 14, 1994, effective Sept. 30, 1994. Amended: Filed Oct. 24, 2000, effective May 30, 2001. Non-substantive change filed June 27, 2018, published Aug. 31, 2018.

Chapter 22 Packaging and Labeling

2 CSR 90-22.050 Declaration of Responsibility for Consumer and Nonconsumer {#sec-2-csr-90-22.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.050}

2 CSR 90-22.060 Declaration of Quantity for Consumer Packages {#sec-2-csr-90-22.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.060}

2 CSR 90-22.070 Declaration of Quantity for Nonconsumer Packages {#sec-2-csr-90-22.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.070}

2 CSR 90-22.080 Information Prominence and Placement for Consumer Packages {#sec-2-csr-90-22.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.080}

2 CSR 90-22.090 Information Prominence and Placement for Nonconsumer Packages {#sec-2-csr-90-22.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.090}

2 CSR 90-22.100 Requirements for Labels, Packages and Requirements for Specific Protection {#sec-2-csr-90-22.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.100}

2 CSR 90-22.010 Application {#sec-2-csr-90-22.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.010}

2 CSR 90-22.020 Definitions {#sec-2-csr-90-22.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.020}

2 CSR 90-22.030 Identity Consumer Packages {#sec-2-csr-90-22.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.030}

2 CSR 90-22.040 Identity Nonconsumer Packages {#sec-2-csr-90-22.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.040}

2 CSR 90-22.050 Declaration of Responsibility for Consumer and Nonconsumer Packages {#sec-2-csr-90-22.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.050}

2 CSR 90-22.060 Declaration of Quantity for Consumer Packages {#sec-2-csr-90-22.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.060}

2 CSR 90-22.070 Declaration of Quantity for Nonconsumer Packages {#sec-2-csr-90-22.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.070}

2 CSR 90-22.080 Information Prominence and Placement for Consumer Packages {#sec-2-csr-90-22.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.080}

2 CSR 90-22.090 Information Prominence and Placement for Nonconsumer Packages {#sec-2-csr-90-22.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.090}

2 CSR 90-22.100 Requirements for Labels, Packages and Requirements for Specific Consumer Commodities {#sec-2-csr-90-22.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.100}

2 CSR 90-22.110 Exemptions {#sec-2-csr-90-22.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.110}

2 CSR 90-22.120 Variations To Be Allowed {#sec-2-csr-90-22.120 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.120}

2 CSR 90-22.130 Retail Sale Price Representations (10/31/23) John R. Ashcroft AND CONSUMER PROTECTION 2 CSR 90-22—DEPARTMENT OF AGRICULTURE {#sec-2-csr-90-22.130 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.130}

2 CSR 90-22.140 NIST Handbook 130, “Uniform Packaging and Labeling Regulation” {#sec-2-csr-90-22.140 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-22.140}

PURPOSE: This rule achieves, to the maximum extent possible, uniformity in weights and measures laws and regulations among states and local jurisdictions, which facilitates trade between states and provides uniform and sufficient protection to all consumers in weights and measures issues.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: The sections of NIST Handbook 130 pertaining to packaging and labeling regulation are a result of the combined efforts of the National Conference on Weights and Measures, the National Institute of Standards and Technology (NIST) and state divisions of weights and measures. The packaging and labeling regulation parallels regulations adopted by federal agencies under the Fair Packaging and Labeling Act. It deals with declaration of quantity; prominence and placement of consumer and nonconsumer packages; requirements for specific commodities, packages and containers; variations and exemptions allowed and retail sale price representations.

(1) The rule for the Division of Weights, Measures and Consumer Protection for packaging and labeling shall incorporate by reference the section of the 2023 edition of NIST Handbook 130 entitled “Uniform Packaging and Labeling

Regulation.” NIST Handbook 130, 2023 edition, is published by the U.S. Government Publishing Office. A copy of this material can be obtained free of charge online at NIST.gov or a hard copy may be purchased from the National Conference of Weights and Measures at NCWM.net. This regulation does not include any later amendments or additions to NIST Handbook 130.

Amended: Filed Dec. 11, 1991, effective April 9, 1992. Amended:

Filed Feb. 24, 1995, effective Aug. 30, 1995. Amended: Filed Aug. 13, 1996, effective Feb. 28, 1997. Amended: Filed April 9, 1998, effective Oct. 30, 1998. Amended: Filed Feb. 25, 2000, effective Sept. 30, 2000. Amended: Filed Sept. 12, 2002, effective March 30, 2003.

Amended: Filed Dec. 15, 2005, effective June 30, 2006. Amended:

Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed July 13, 2021, effective Feb. 28, 2022. Amended: Filed May 11, 2023, effective Nov. 30, 2023. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.

History

• AUTHORITY: section 413.065, RSMo 2016. Original rule filed May 9, 1984, effective Sept. 14, 1984. Amended: Filed March 3, 1986, effective June 12, 1986. Amended: Filed Feb. 3, 1989, effective April 27, 1989. Amended: Filed Nov. 1, 1989, effective Feb. 11, 1990.

Chapter 23 Inspection of Packaged Commodities

2 CSR 90-23.010 NIST Handbook 133, Technical Procedures and Methods for Measuring Protection {#sec-2-csr-90-23.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-23.010}

2 CSR 90-23.010 NIST Handbook 133, Technical Procedures and Methods for Measuring and Inspecting Packages or Amounts of Commodities {#sec-2-csr-90-23.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-23.010}

PURPOSE: This rule updates inspection procedures of prepacked commodities and merchandise.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: NIST Handbook 133 provides procedures to test (by using statistical sampling techniques) individual lots of packages for conformance with legal requirements. Anything that is put into a container, wrapped, or banded and labeled as to quantity may be inspected. The labeled quantity may be of weight, volume, linear, square or cubic measure, count, or combination. The examination of packaged commodities may be to determine conformance with federal, state, or local net contents labeling regulations. Most often, compliance testing of packaged goods is carried out to protect the consumer/ purchaser against buying packages with less in them than the labeled quantity and to advise the manufacturer to improve delivered product quantities when necessary. Inspection for compliance with other labeling requirements (such as size of lettering or units of measurement) also may accompany package quantity compliance testing, but is not covered in this document.

(1) The technical procedures and methods used by the Division of Weights, Measures and Consumer Protection for measuring and inspecting packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery shall be those procedures and methods described and specified in the National Institute of Standards and Technology (NIST) Handbook 133, Checking the Net Contents of Packaged Goods, 2023 edition, as incorporated by reference in this rule. NIST Handbook 133, 2023 edition, is published by the U.S. Government Publishing Office. A copy of this material can be obtained free of charge online at NIST.gov or a hard copy may be purchased from the National Conference of Weights and Measures at NCWM.net. This regulation does not include any later amendments or additions to NIST Handbook 133.

Amended: Filed May 11, 2023, effective Nov. 30, 2023. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.

History

• AUTHORITY: section 413.065, RSMo 2016. Original rule filed Sept. 14, 1981, effective Dec. 15, 1981. Amended: Filed Sept. 12, 2002, effective March 30, 2003. Amended: Filed Dec. 15, 2005, effective June 30, 2006. Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed July 12, 2021, effective Feb. 28, 2022.

Chapter 24 Collection of Inspection Fees

2 CSR 90-24.010 Collection of Inspection Fees {#sec-2-csr-90-24.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-24.010}

PURPOSE: To facilitate the collection of inspection fees prescribed in section 413.225, RSMo (1986) from any person who has refused to pay such fee previously and who still owes a fee for a previous inspection.

(1) Pursuant to section 413.225, RSMo (1986), the director may require advance payment of any inspection fee imposed under this section by a person still owing for a previous inspection.

(2) Failure by any person to pay a fee in advance, including any sum owed for a previous inspection, when demand by the director or designated representative is made, shall result in the applicable weight or measure being deemed an unapproved weight or measure subject to seizure. Such weight or measure shall be retained by the director until the applicable fees are paid.

JOHNR. ASHCROFT(8/31/18)

History

• AUTHORITY: section 413.065, RSMo 1986. Original rule filed Dec. 2, 1986, effective Feb. 28, 1987. Non-substantive change filed June 27, 2018, published Aug. 31, 2018. Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995.

Chapter 25 Price Verification

2 CSR 90-25.010 Price Verification Procedures {#sec-2-csr-90-25.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-25.010}

PURPOSE: This rule establishes guidelines for price verification examination procedures.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: The section of NIST Handbook 130 pertaining to examination procedure for price verifications was developed by National Conference on Weights and Measures (NCWM) in response to public concern about price accuracy in retail stores. The procedure applies to all retail stores, including food, hardware, general merchandise, drug, automotive supply, convenience, and club or other stores. It was adopted by the National Conference on Weights and Measures at the 80th annual meeting in 1995.

(1) The Division of Weights, Measures and Consumer Protection shall follow the examination procedure for price verification incorporated by reference in the section of NIST Handbook 130, 2023 edition, entitled “Examination Procedure for Price Verification.” NIST Handbook 130, 2023 edition, is published by the U.S. Government Publishing Office. A copy of this material can be obtained free of charge online at NIST.gov or a hard copy may be purchased from the National Conference on Weights and Measures at NCWM.net. This regulation does not include any later amendments or additions to NIST Handbook 130.

Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended:

Filed July 12, 2021, effective Feb. 28, 2022. Amended: Filed May 11, 2023, effective Nov. 30, 2023. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.

History

• AUTHORITY: section 413.065, RSMo 2016. Original rule filed Aug. 13, 1996, effective Feb. 28, 1997. Amended: Filed April 9, 1998, effective Oct. 30, 1998. Amended: Filed Feb. 25, 2000, effective Sept. 30, 2000. Amended: Filed Sept. 12, 2002, effective March 30, 2003. Amended: Filed Dec 15, 2005, effective June 30, 2006.

Chapter 30 Petroleum Inspection

2 CSR 90-30.060 Automotive and Marine Service Stations {#sec-2-csr-90-30.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.060}

(Rescinded November 30, 1999) ..6

2 CSR 90-30.085 Financial Responsibility for Manufacturers, Installers and Repairers of {#sec-2-csr-90-30.085 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.085}

2 CSR 90-30.086 Financial Responsibility for Aboveground Storage Tank Owners and Protection {#sec-2-csr-90-30.086 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.086}

2 CSR 90-30.010 Inspection of Premises {#sec-2-csr-90-30.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.010}

History

• AUTHORITY: section 414.142, RSMo Supp. 1987. Original rule filed July 27, 1970, effective Aug. 5, 1970. Rescinded: Filed Oct. 16, 1987,

2 CSR 90-30.020 Measuring Devices {#sec-2-csr-90-30.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.020}

History

• AUTHORITY: section 414.142, RSMo Supp. 1987. Original rule filed July 27, 1970, effective Aug. 5, 1970. Rescinded: Filed Oct. 16, 1987,

2 CSR 90-30.030 Quality Standards for Motor Fuels {#sec-2-csr-90-30.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.030}

History

• AUTHORITY: section 414.142, RSMo Supp. 1987. Original rule filed Nov. 9, 1983, effective March 11, 1984. Amended: Filed May 15, 1985, effective Aug. 26, 1985. Rescinded: Filed Oct. 16, 1987,

2 CSR 90-30.040 Quality Standards for Motor Fuels {#sec-2-csr-90-30.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.040}

PURPOSE: This rule establishes quality standards for motor and heating fuels sold in Missouri as provided in Chapter 414, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: ASTM International, formerly known as the American Society of Testing and Materials (ASTM) addresses standard specifications for kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends, and other motor fuels. Missouri references the 2024 edition of ASTM specifications as Missouri law (section 414.032 RSMo).

(1) Regulation Regarding Quality of Motor Fuels. The following fuels when sold, offered for sale, or when used in this state shall meet the following requirements:

(A) Motor Fuels. Any liquid fuel product used for the generation of power in an internal combustion engine. Note: liquefied petroleum gas which is composed predominantly of propane, propylene, butanes (normal or isobutanes), and butylenes are not considered as motor fuels in Chapter 414, RSMo and this regulation;

(B) All automotive gasoline shall meet the requirements set in ASTM D4814-24a Standard Specification for Automotive Spark-Ignition Engine Fuel (July 2024), herein incorporated by reference and made a part of this rule as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, phone: (610) 832-9500, website: www.astm.org. This rule does not incorporate any subsequent amendments or additions;

(C) All automotive gasoline containing oxygenated additives shall meet the requirements set in ASTM D4814-24a and the following requirements:

1. When methanol is blended in quantities greater than three-tenths (0.3) volume percent, the finished blend shall contain at least an equal amount of butanol or higher molecular weight alcohol;

2. When gasoline contains one percent (1%) or up to and including fifteen percent (15%) ethanol, a one pound per square inch (1.0 psi) vapor pressure tolerance is allowed for volatility classes A, B, C, and D from September 16 through May 31 for retailers and wholesale purchaser-consumers and September 16 through April 30 for refineries, importers, pipelines, and terminals; and 3. When gasoline contains one percent (1%) or up to and including fifteen percent (15%) ethanol, a one-half pound per square inch (0.5 psi) vapor pressure tolerance is allowed for volatility class E from September 16 through May 31;

(D) All gasoline or gasoline-oxygenate blends classified as leaded shall contain a minimum of five hundredths (0.05) grams of lead per United States gallon;

(E) The minimum (R±M)/2 octane rating of automotive gasoline grades and gasoline- oxygenate blended grades shall be no less than the following:

1. Regular Unleaded 87; and 2. Premium, Super, Supreme 91; and (F) The motor octane number shall not be less than eightytwo (82) for regular unleaded gasoline.

(2) Method of Sale of Gasoline-Alcohol Blends. At the time of delivery, the retailer must be provided an invoice, bill of lading, shipping paper, or other documentation, by the supplier and/ or carrier, the presence and maximum amount of ethanol, methanol, or any type of alcohol (in terms of percent by volume) contained in the fuel. It is the responsibility of any potential blender to determine the total oxygen content of the motor fuel before blending.

(3) Procedures for Storage of Motor Fuels Containing Alcohol Additives. The following procedures shall be used by retail outlets when the total alcohol content is over three-tenths (0.3) volume percent:

(A) Retail establishments offering any gasoline-alcohol blended fuel for the first time shall remove all water and precipitated materials from the storage tank before the gasoline-alcohol blend is delivered into the tank; and (B) A suitable filter, ten (10) microns or less, must be installed in the meter inlet or discharge line and immediately adjacent to the meter.

(4) Classification of Petroleum Fuels. When gasoline, illuminating oils, heating fuels, or other motor fuels are sold or offered for sale in Missouri, the invoice bill of lading, shipping paper, or other documentation must identify the name of the product, the particular grade of the product as designated by ASTM, and, when applicable, the minimum octane (antiknock index) as listed in subsections (4)(A)–(K) of this section. All retail dispensing devices must conspicuously identify the name of the product, the particular grade of the product as designated, and, when applicable, the minimum octane (antiknock index) as listed as follows:

(A) Automotive gasoline shall be identified by leaded or unleaded and the octane (antiknock index) number. The octane posting shall be in accordance with the Federal Trade Commission (FTC) 16 CFR Part 306 – Automotive Fuel Ratings, Certification and Posting Rule;

(B) Gasoline-alcohol blends up to and including ten percent (10%) ethanol shall be identified by leaded or unleaded and the octane number. The octane posting shall be in accordance with FTC 16 CFR Part 306 – Automotive Fuel Ratings, Certification and Posting Rule;

(C) Retailers and wholesale purchaser-consumers of gasoline shall comply with the Environmental Protection Agency (EPA) pump labeling requirements for gasoline containing greater than ten (10) volume percent up to fifteen (15) volume percent ethanol (E15);

(D) Ethanol flex fuel (gasoline greater than fifteen (15) volume percent ethanol) shall be labeled as “Ethanol Flex Fuel.” The automotive fuel rating for ethanol flex fuel shall be posted in accordance with 16 CFR Part 306 - Automotive Fuel Ratings, Certification and Posting Rule. The term “E85” is a permissible substitution for product identity for street side posting and dispenser advertising in lieu of the term “Ethanol Flex Fuel” for fuels with an ethanol concentration no less than fifty-one (51) volume percent ethanol and no greater than eighty-three (83) volume percent ethanol;

(E) Aviation gasoline shall be identified by Grade 80, Grade 100, or Grade 100LL;

(F) Aviation turbine fuels shall be identified by Jet A, Jet A-1, or Jet B;

(G) Diesel fuel shall be identified by the grades No. 1-D, No. 2-D, or No. 4-D;

(H) Diesel containing more than five (5) volume percent biodiesel shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306 - Automotive Fuel Ratings, Certification and Posting Rule;

(I) Diesel containing biodiesel greater than twenty (20) volume percent shall display a label which states “Consult Vehicle Manufacturer Fuel Recommendations.” This label shall be clearly and conspicuously posted on the upper fifty percent (50%) of the dispenser front panel in a type at least six (6) mm (¼ in) in height by 0.8 mm (1/32 in) stroke; block style letters and the color shall be in definite contrast to the background color to which it is applied;

(J) Fuel oil shall be identified by the grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6; and (K) Kerosene shall be identified by the grades of No. 1-K or No. 2-K. Grade No. 2-K sold or offered for sale at retail shall also post conspicuously on the front of the dispensing device, the words WARNING—NOT SUITABLE FOR USE IN UNVENTED HEATERS REQUIRING NO. 1-K in one-half inch by one-sixteenth inch (1/2" × 1/16") strokes, block style letters.

(5) Retail Establishments—Retention of Delivery Tickets. The retailers shall retain on the premises to which kerosene or motor fuel has been delivered, copies of the loading ticket, manifest, or delivery receipt for each grade of product received, subject to examination by the director upon request. If a delivery receipt is retained rather than a manifest or loading ticket, the delivery ticket shall bear the following information: vendor name, date of delivery, quantity of each grade, point of origin, and the manifest or loading ticket number. The required retention of the loading ticket, manifest, or delivery receipt shall be limited to the four (4) most recent receipts of each grade of product.

(6) Water in Retail Tanks. It shall be a violation for water to exceed one inch (1") in depth, when measured from the bottom through the fill pipe, of any tank utilized in the storage of regulated products sold at retail. Water must be removed from the tank prior to the delivery and subsequent selling of additional product from the storage tank.

(7) Stop Sale.

(A) Retail Service Stations. A Stop Sale notice will be issued to retail service station dealers for kerosene or motor fuel failing to meet established specifications. A release from a Stop Sale order will be awarded only after final disposition has been agreed upon by the director. Confirmation for disposition shall be submitted in writing and contain an explanation for its failure to meet specifications. The Stop Sale will apply only to the location where sample analysis indicates specification violation. Upon discovery of fuels failing to meet established specifications, meter readings and physical inventory shall be taken and reported in the confirmation for disposition.

(B) Bulk Storage Plants Including Terminals. A Stop Sale notice will be issued when petroleum products maintained in bulk plant facilities fail to meet specifications established by the director. The bulk storage plant immediately shall notify all customers that have received those products and make any arrangements necessary to replace or adjust to specifications those products. Confirmation of disposition of Stop Sale on products shall be made available in writing to the director.

Specific variations or exemptions may be made for fuels used for blending purposes or designed for special equipment or services and for which it can be demonstrated that the distribution will be restricted to those uses.

Filed Aug. 30, 2002, effective Feb. 28, 2003. Amended: Filed May 31, 2013, effective May 30, 2014. Amended: Filed Dec. 31, 2015, effective Aug. 30, 2016. Emergency amendment filed July 15, 2016, effective July 25, 2016, expired Jan. 20, 2017. Amended: Filed July 15, 2016, effective Jan. 30, 2017. Amended: Filed Feb. 27, 2018, effective Aug. 30, 2018. Amended: Filed Nov. 25, 2019, effective May 30, 2020.

Amended: Filed March 24, 2021, effective Oct. 30, 2021. Amended:

Filed Aug. 26, 2024, effective April 30, 2025. *Original authority: 414.142, RSMo 1987, amended 1993, 1995, and 414.300, RSMo 2015.

History

• AUTHORITY: sections 414.142 and 414.300, RSMo 2016. This rule was previously filed as 2 CSR 90-30.030. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Emergency amendment filed Aug. 30, 2002, effective Sept. 10, 2002, expired March 9, 2003. Amended:

2 CSR 90-30.050 Inspection of Premises {#sec-2-csr-90-30.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.050}

PURPOSE: This rule establishes requirements for the safe storage and handling of flammable and combustible liquids regulated by

Chapter 414, RSMo.

(1) All locations utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo shall meet the requirements of the National Fire Protection Association (NFPA) Manual No. 30 entitled Flammable and Combustible Liquids Code, 1996 Edition and NFPA 30A entitled Automotive and Marine Service Station Code, 1996 Edition which are incorporated herein by reference. Existing plants, storage, storage equipment, buildings, structures, and installations for the storage, handling, or use of flammable or combustible liquids at any location which is not in strict compliance with the terms of this code may be continued in use, provided these do not constitute a distinct hazard to life or property. When the director determines that continued use will constitute a distinct hazard to life and property, s/he shall notify the owner or operator and specify the reason in writing and shall order the correction, discontinuance, or removal of same.

(2) Should any portion of the 1996 Edition of NFPA Manual No. 30 or NFPA Manual No. 30A be deemed unacceptable, rules will be promulgated within this chapter denoting and excepting those portions and adopting alternative provisions as deemed necessary by the director of the Department of Agriculture.

(3) New construction and new installations or major modifications made to any location shall be in conformity with the provisions of the 1996 Edition of NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code and the 1996 Edition of NFPA 30A.

(4) The director or his/her delegated representative shall have free access, at reasonable times, to any location utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo.

(5) No person shall hinder or obstruct the director or his/her (6) All areas adjacent to storage containers containing products regulated by Chapter 414, RSMo shall be kept free of flammable and combustible materials (for example, tall grass, weeds, tires, wood, petroleum products, etc.).

(7) The fencing requirement contained in sections 2-1.3 and 2-4.7.1 of the 1996 Edition of NFPA Manual No. 30A shall not apply.

(8) Section 2-4.2.1 contained in the 1996 Edition of the NFPA Manual No. 30A may be amended by the director if justification for the need is provided in writing and the level of safety to public and property will not be diminished.

(9) After the effective date of this rule, the provisions of

section 2-4.2.2, relating to aboveground storage tank distance requirements, contained in the 1996 Edition of NFPA Manual No. 30A shall apply only to new locations and those existing locations that— (A) Install aboveground storage tanks in place of underground storage tanks;

(B) Remove and replace all aboveground storage tanks, piping, and dispensing devices;

(C) Replace any existing aboveground storage tanks with one of a larger capacity; and (D) Install additional aboveground tanks.

(10) All aboveground storage tanks installed and connected together, utilizing a common piping system or manifold, shall be installed with each tank top level with all other tank tops to prevent any overfilled tank condition. When tanks are manifolded or piped together, the total capacity of all tanks shall be considered as a single tank when calculating the capacity of the secondary containment facility.

(11) Storage tanks of double wall construction are not acceptable for use aboveground in lieu of secondary containment by diking or remote impounding unless the tanks meet the requirements of NFPA 30A, 1996 Edition, section 2-4.5, and are equipped with automatic tank gauging, overfill protection, and interstitial monitoring. Section 2-3.4.1, exception (2), contained in the 1996 Edition of NFPA 30 shall not apply.

(12) Aboveground storage tanks shall not be installed under any electrical lines or transformers. All aboveground storage tanks shall maintain a minimum horizontal distance of ten feet (10') from any overhead power line or transformer.

(13) All aboveground storage tanks utilizing compartments and storing different classes of products shall be constructed with a double wall center bulkhead with means of interstitial monitoring. This may be accomplished using an interstitial drain which must be kept closed at all times except for draining condensate or checking for leakage or failure of the bulkhead. Any liquid that is drained from the interstitial space, may be considered a hazardous waste, and must be disposed of in a manner that is in compliance with the Department of Natural Resources regulations pertaining to such liquids.

(14) The practice of switching the use of a storage tank from heating oil or kerosene to gasoline and from gasoline to heating oil or kerosene is prohibited (i.e., racing fuel to kerosene). Tank use is limited to a single product.

(15) Tanks storing different classes of petroleum products (i.e., gasoline a class I or kerosene and diesel fuel a class II) shall not be piped or connected together.

(16) Aboveground storage tanks that are not being used, and have been out of service for six (6) months or more, shall be emptied, cleaned of product and shall be removed from the secondary containment facilities.

(17) Aboveground storage tanks storing alcohols, fuel blending components or additives for motor fuels shall meet the requirements as contained in the NFPA Manuals 30 and 30A, 1996 Editions and the requirements contained in 2 CSR 90- 30.050.

(18) Each aboveground storage tank shall meet the requirements of the 1996 Edition of NFPA 30A, section 2-4.6.1.

An exception may be made for the ninety-five percent (95%) stop-fill requirement if the owner and/or operator of the tank can demonstrate there is adequate protection for the tank to prevent an overfill situation from occurring. Tanks of two thousand (2,000) gallons capacity or less, that are filled from fuel delivery vehicles by hose nozzle, and utilize a manual gaging method, such as a gage stick to determine the tank outage and volume of liquid that can be safely delivered into the tank, are exempt from the requirements of NFPA 30A,

section 2-4.6.1. If this method is utilized, the delivery truck operator/driver shall be in attendance and manually operate the delivery nozzle throughout the entire delivery process to insure the tank is not overfilled.

(19) All piping, including fiberglass and other non-metallic piping, constructed of low melting point materials shall be installed in conformance with manufacturer’s instructions.

All piping, including fiberglass and other non-metallic piping, constructed of low melting point materials in dispensing devices or open pits or sumps beneath the dispensing device shall be protected from fire exposure. Protection shall be provided by December 31, 2005 by a method that is approved by the director of the Department of Agriculture.

(20) The walls and floor of secondary containment structures shall be constructed of earth, steel, concrete, or solid masonry that is compatible with the specifications of the product being stored, that is liquid tight and have the ability to contain any released product until corrective action, such as the removal of released product and subsequent cleanup including soil and groundwater, can occur. Cleanup of any released product and contaminated soil, groundwater, etc., shall be in conformance with the Department of Natural Resources environmental regulations. The walls and floor of the containment structure shall be designed to support the gravity load of the storage containers and the hydrostatic loads resulting from a release within the secondary containment structure. Gravel, rock, or open cell block structures are not considered to be liquid tight and cannot be used.

(21) The drains in all secondary containment facilities shall remain closed at all times except when accumulated water or released/spilled product is being removed. Water or product shall not be allowed to accumulate within any secondary containment facility, this includes dikes and remote impoundments. Accumulated water and/or product within a secondary containment facility shall be removed and disposed of in manner that is in compliance with applicable rules of the Department of Natural Resources.

(22) Storage of products other than petroleum products regulated by Chapter 414, RSMo, except waste oil storage or heating oil for owner’s use, within a secondary containment facility is prohibited. Any waste oil or heating oil storage tank(s) located within a facility containing regulated products shall meet all of the requirements of regulated product storage tanks. Chemicals and fertilizers shall not be stored within the secondary containment facility.

(23) Walls of buildings or other structures cannot be utilized as a wall or common wall for any secondary containment facility.

(24) All remote pumping and pressurized piping systems, including aboveground storage tanks systems that produce a gravity head on the dispensing device and piping system, shall be equipped with a listed leak detection device or approved leak detection method that will provide an indication if the dispensing and piping system is not liquid tight. Leak detection may be accomplished by, but not limited to, one (1) or a combination of the following methods:

(A) Installation of an approved listed automatic line leak detector. The leak detector is to be tested at least once annually to insure its proper operation or at such time a problem with the detector is indicated. This also includes an annual pressure test performed on all piping;

(B) Annual pressure testing of the dispensing and piping system, provide and maintain an accurate inventory and reconciliation of all gallons of product received, gallons sold, and gallons currently on hand; and (C) Other method(s) approved by the director.

(25) In order to prevent product loss, all locations utilized for the sale of products regulated by Chapter 414, RSMo shall provide and maintain accurate inventory records of all gallons of product received, gallons sold, and gallons currently on hand. Such records shall be made available to the director of agriculture or his/her delegated representative within fortyeight (48) hours of request.

(26) All persons installing, repairing, or servicing appliances, equipment, or devices including storage tanks and piping located at any facility utilized for the sale of products regulated by Chapter 414, RSMo, shall be properly trained and experienced in the work, familiar with all safety precautions and shall install, repair, and service all appliances, equipment, and devices including storage tanks and piping in conformance with all of the requirements of Chapter 414, RSMo and the petroleum inspection rules.

(27) No person shall install, repair, or service any dispensing device without first having registered with the Department of Agriculture, Petroleum Inspection Program, submitting documentation of properly designed and calibrated testing equipment and proof of training and experience to perform such work. Registration may be revoked if such person does not obtain and maintain testing equipment calibration at least once every two (2) years and/or installs, repairs, or services any dispensing device in violation of Chapter 414, RSMo and/or any rules promulgated thereunder.

(28) Installation of equipment and devices, such as vending machines and ATMs, that may produce safety hazards by distracting the customer from the dispensing operation, limit ingress and egress to the dispensing area or from electrical components of the equipment or device, or limit visibility to vehicle refueling on islands utilized for the dispensing of petroleum products regulated by Chapter 414, RSMo is prohibited.

Amended: Filed Nov. 17, 2003, effective May 30, 2004. Amended:

Filed June 27, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 414.142, RSMo 2016. This rule was previously filed as 2 CSR 90-30.010. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Amended: Filed April 8, 1999, effective Nov. 30, 1999.

2 CSR 90-30.060 Automotive and Marine Service Stations {#sec-2-csr-90-30.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.060}

(Rescinded November 30, 1999)

Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Rescinded:

Filed April 8, 1999, effective Nov. 30, 1999.

History

• AUTHORITY: section 414.142, RSMo. Supp. 1993. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988.

2 CSR 90-30.070 Unattended Self-Service Stations {#sec-2-csr-90-30.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.070}

PURPOSE: This rule establishes requirements for service stations which allow or permit the refueling of motor vehicles with Class I, II, or III liquids by other than owner or employee without the presence of an attendant.

(1) All unattended self-service stations shall meet the requirements contained in NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code, 1996 Edition and NFPA No. 30A entitled Automotive and Marine Service Station Code, 1996 Edition which are incorporated herein by reference. Existing unattended self-service stations which are not in strict compliance with the terms of this code may be continued in use, provided these do not constitute a distinct hazard to life or property. When the director determines that continued use will constitute a distinct hazard to life or property, s/he shall notify the owner or operator and specify the reason in writing and shall order correction, discontinuance or removal of same.

(2) New construction and new installation or major modifications made to any unattended self-service station shall be in conformance with the provisions of NFPA Manual No. 30 entitled Flammable and Combustible Liquids Code, 1996 Edition and NFPA Manual No. 30A entitled Automotive and Marine Service Station Code, 1996 Edition.

(3) All unattended self-service stations shall meet the requirements contained in 2 CSR 90-30.050.

(4) Operating instructions shall be conspicuously posted in the dispensing area and shall include location of emergency controls.

(5) Warning signs shall be posted in a conspicuous location in the dispensing area stating: WARNING: a) USER MUST STAY OUTSIDE OF VEHICLE IN VIEW OF FUELING NOZZLE DURING DISPENSING OPERATION. b) IT IS UNLAWFUL AND DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS. c) NO SMOKING. d) STOP ENGINE.

(6) Emergency instructions and telephone numbers shall be posted in a conspicuous location in the dispensing area.

(7) A telephone or other clearly identified means shall be provided on the site in a conspicuous, easily accessible location to be used to notify proper authorities.

(8) Unattended self-service stations shall comply with section 8-5.8 contained in NFPA Manual No. 30A entitled Automotive and Marine Service Station Code, 1996 Edition.

(9) Equipment Required for an Unattended Self-Service Station.

(A) Dispenser Control Device (Actuators and Monitors) For Use by Customers to Activate Dispensing Equipment.

1. Devices may use keys or cards to activate dispenser and pumps. Coin or currency activated devices may be permitted upon approval by the director after a site safety assessment has been made.

2. Card devices shall use magnetically coded, optically read, or inductive coil cards to be inserted in a device to activate the pump.

3. All dispenser control devices must meet Underwriters’ Laboratory (UL) standards and shall be installed and maintained in accordance with the manufacturer’s instructions. All wiring shall comply with NFPA Manual No. 70, 1996 Edition.

4. Motors of pumps to dispensing devices shall not have electrical current supplied to them unless and until the dispensing device is activated by the insertion of the card or key device. The electric current to the motors of the pumps shall automatically terminate not more than three (3) minutes after the flow of product has ceased. Electrical current to the pump motors shall be off at all other times.

Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original 2, 1990, effective June 28, 1990. Amended: Filed March 4, 1996, effective Sept. 30, 1996. Amended: Filed April 8, 1999, effective Nov. 30, 1999. Amended: Filed June 27, 2018, effective Jan. 30, 2019. ** **Pursuant to Executive Order 21-09, 2 CSR 90-30.070, section (7) and paragraph (9)(A)4. was suspended from March 27, 2020 through December 2, 2021.

2 CSR 90-30.080 Measuring Devices {#sec-2-csr-90-30.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.080}

PURPOSE: This rule establishes requirements for the specifications, installation, use and tolerances of measuring devices.

(1) Each location dispensing products regulated by Chapter 414, RSMo shall have a measuring device for each product dispensed which shall be utilized for the sale of products regulated by Chapter 414, RSMo. All transactions involving the sale of petroleum products regulated by Chapter 414, RSMo shall be based on the gallons stated by the measuring device.

(2) All measuring devices shall be installed in locations easily accessible for testing, inspection, and maintenance purposes.

(3) The director shall order any device installed in a manner not accessible for testing, inspection, and maintenance to be corrected, discontinued from use or removed.

(4) Each measuring device used in the sale of petroleum products regulated by Chapter 414, RSMo shall meet the requirements contained in the current edition of NIST Handbook 44, National Fire Protection Association (NFPA) Manual No. 30A, 1996 Edition which is incorporated herein by reference, and be installed and maintained as recommended by the device manufacturer.

(5) At least every six (6) months, the director shall test and inspect the measuring devices used by any person selling an average of two hundred (200) or more gallons of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene or aviation turbine fuel each month at either retail or wholesale in this state except marinas, which shall be tested and inspected at least once each year.

(6) The meter of each dispensing device shall be sealed with an official state security seal applied by the director or his/ her delegated representative. No person shall break or tamper with any official state security seal without the consent of the director or his/her delegated representative except for repair or replacement of that device, at which time notification is to be given to the director within five (5) days.

(7) No person, except the director or his/her delegated representative, shall duplicate the state seal of Missouri to be used for sealing or applying seals to any measuring device dispensing products regulated by Chapter 414, RSMo.

(8) If the design, construction, or location of any device is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, the equipment, accessories, and labor shall be supplied by the owner or operator of the device as required by the weights, measures, and consumer protection official.

Amended: Filed April 8, 1999, effective Nov. 30, 1999. Amended:

Filed June 27, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 414.142, RSMo 2016. This rule was previously filed as 2 CSR 90-30.020. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Amended: Filed April 14, 1994, effective Sept. 30, 1994.

2 CSR 90-30.085 Financial Responsibility for Manufacturers, Installers and Repairers of Petroleum Equipment {#sec-2-csr-90-30.085 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.085}

PURPOSE: This rule implements the provisions of Senate Bill 1020, enacted in 2006 by the second regular session of the 93rd General Assembly.

(1) For the purposes of this rule, the following definitions shall apply:

(A) “Fuel storage tank system” means an aboveground or underground storage tank used to store petroleum or petroleum-blended fuel, and all connected piping, ancillary equipment and containment systems located beneath the fire impact valve;

(B) “Person” means a partnership, corporation, company, firm, society or association; and (C) “Repair” means any modification to, or replacement of parts on, the fuel storage tank system.

(2) Any person who manufactures an aboveground or underground fuel storage tank for use in Missouri, or piping for such tank; or any person who installs or repairs all or part of a fuel storage tank system in Missouri shall annually apply for a registration from the Department of Agriculture’s Division of Weights and Measures on an Application for Annual Registration form included herein by the department. At the time of application, such person shall provide evidence of financial responsibility for the costs of corrective action directly related to releases caused by improper manufacture, installation, or repair of such tank or piping. This evidence shall:

(A) Demonstrate that the financial responsibility mechanism provides coverage of at least one (1) million dollars per occurrence and two (2) million dollars annual aggregate;

(B) Clearly identify who is insured;

(C) Specify the retroactive date of such coverage; and (D) Specify the term of such coverage.

(3) This rule shall not apply to a person who installs or repairs tanks and/or piping owned or operated by such person.

(4) Enforcement Authority.

(A) Any person who is found, upon investigation by the Department of Agriculture, to be in possible violation of this

rule shall be notified by certified mail of the facts constituting such violation and shall be afforded an opportunity to explain such facts at an informal hearing to be conducted within fourteen (14) days of such notification. In the event that such person fails to timely respond to such notification or upon unsuccessful resolution of any issues relating to the alleged violation, such person may be summoned to a formal administrative hearing before a hearing officer conducted in conformance with Chapter 536, RSMo.

(B) If a hearing officer finds a person has violated the requirements of this rule, he/she may:

1. Order such person to immediately cease and desist the manufacture, installation or repair of petroleum storage tanks;

2. Rescind such person’s registration;

3. Order payment of a penalty of not more than five hundred dollars ($500) per violation; and/or 4. Order payment of a penalty of up to five hundred dollars ($500) for each day such violation continues.

(C) A party to such hearing who is aggrieved by a determination of the hearing officer may appeal to the circuit court of Cole County, in accordance with Chapter 536, RSMo.

(D) Any person found in violation of this rule or section 414.035, RSMo shall be deemed guilty of a class A misdemeanor and may be prosecuted in any county in which a violation occurs.

History

• AUTHORITY: section 414.035, RSMo Supp. 2006. Original rule filed May 25, 2007, effective Jan. 30, 2008. Original authority: 414.035, RSMo Supp. 2006.

2 CSR 90-30.086 Financial Responsibility for Aboveground Storage Tank Owners and Operators {#sec-2-csr-90-30.086 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.086}

PURPOSE: This rule establishes allowable mechanisms for owners and operators of regulated aboveground storage tanks to demonstrate financial responsibility for releases of products from those tanks as required by section 414.036, RSMo.

(1) Applicability.

(A) Except as outlined in paragraphs 1. and 2. of this subsection, this rule applies to the legal owner and operator of an aboveground storage tank, defined as any one (1) or a combination of tanks, including pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volume of the aboveground pipes connected thereto, is ninety percent (90%) or more above the surface of the ground, which is utilized for the sale of products regulated by Chapter 414, RSMo.

1. This rule does not apply to— A. The owner or operator of an aboveground storage tank at a refinery, pipeline terminal, rail terminal, or marine terminal;

B. The owner or operator of an aboveground storage tank used for storing heating oil for consumptive use on the premises where stored; or C. The owner or operator of an aboveground storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor.

2. Aboveground storage tanks which meet the following criteria are deferred from complying with this rule as long as the owner of such tank(s) complies with all other applicable requirements of 2 CSR 90-30:

A. The tanks are in use at a single location;

B. The tank(s), piping, and dispensing equipment are aboveground and totally contained in a liquid-tight metal, concrete, or synthetic containment;

C. The aggregate capacity of the tank(s) located in the secondary containment is two thousand (2,000) gallons or less.

(B) Owners and operators of aboveground storage tanks which are in use on or after January 1, 2011, are subject to this

rule.

(C) If the owner and operator of an aboveground storage tank are separate persons, only one (1) person is required to demonstrate financial responsibility; however, both parties are liable in the event of noncompliance.

(2) Amount and Scope of Required Financial Responsibility.

(A) The owner or operator of an aboveground storage tank (AST) shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and/or property damage caused by sudden and nonsudden accidental releases arising from the operation of the AST in at least the following amounts:

1. One (1) million dollars per occurrence; and 2. Two (2) million dollars annual aggregate.

(B) This rule shall not serve to limit the liability of the owner or operator.

(3) Allowable Mechanisms.

(A) An owner or operator may use any one (1) or a combination of the following mechanisms to meet the requirements of this

rule, provided that the total scope and amount meet the requirements of this rule:

1. Self-insurance, subject to the requirements in subsection (B) of this section;

2. The Missouri Petroleum Storage Tank Insurance Fund;

3. An insurance policy issued by a commercial insurance company or a risk retention group, subject to the requirements in subsection (C) of this section.

(B) Requirements for Self-Insurance—An owner or operator must have a tangible net worth of at least ten (10) million dollars, per audited year-end financial statements for the latest completed fiscal year or per financial statements filed with the U.S. Securities and Exchange Commission for the latest completed fiscal year.

(C) Requirements for Insurance or Risk Retention Group Coverage.

1. An owner or operator may satisfy the financial responsibility requirements of this rule by obtaining liability insurance from a qualified insurer or risk retention group. This insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

2. The endorsement or policy must provide coverage for claims otherwise covered by the policy that are reported to the insurer or risk retention group within six (6) months of the effective date of cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or retroactive date earlier than that of the prior policy and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable and prior to such policy renewal or termination date.

3. The endorsement or policy shall be issued by an insurer or risk retention group that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in this state.

(4) Cancellation or Nonrenewal by a Provider of Financial Assurance.

(A) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. Notice of termination shall comply with the following requirement:

1. Termination of insurance or risk retention group coverage, except for nonpayment or misrepresentation by the insured, shall not occur until sixty (60) days after the date on which the notice is mailed. Termination for nonpayment of premium or misrepresentation by the insured may not occur until a minimum of ten (10) days after the date on which the notice of termination is mailed.

(B) If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of the provider, the owner or operator shall obtain alternate coverage within sixty (60) days after the date coverage cancels or does not renew. If the owner or operator fails to obtain alternate coverage within sixty (60) days, the owner or operator shall immediately notify the director of the Department of Agriculture by mail of the cancellation of coverage and shall submit— 1. The name and address of the provider of financial assurance; and 2. The effective date of termination.

(5) Reporting and Enforcement.

(A) Upon request, an owner or operator shall submit one (1) or more documents demonstrating compliance with this rule to the director of the Department of Agriculture.

(B) If an owner or operator fails to comply with this rule or fails to provide documents to the director demonstrating compliance, the director may, at his sole discretion take enforcement action in accordance with section 414.152, RSMo.

History

• AUTHORITY: section 414.036, RSMo Supp. 2010. Original rule filed Jan. 18, 2011, effective Aug. 30, 2011. Original authority: 414.036, RSMo 2008.

2 CSR 90-30.090 Tank Trucks and Tank Wagons {#sec-2-csr-90-30.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.090}

PURPOSE: This rule establishes requirements for tank truck and tank wagon measuring devices and tank vehicle safety.

(1) Measuring Devices.

(A) All tank truck and tank wagon measuring devices shall be made available, upon reasonable request, to the director or his/ her delegated representative, for testing and inspection.

(B) Each tank truck and tank wagon measuring device used in the retail or wholesale dispensing of products regulated by Chapter 414, RSMo shall meet the requirements contained in the current edition of NIST Handbook 44. When these devices are found to be inaccurate or not meeting current NIST Handbook 44 requirements, the device shall be ordered corrected, removed, or discontinued from use.

(C) No means shall be provided by which any measured liquid can be diverted from the measuring chamber of the meter or its discharge line.

(D) The director of the Department of Agriculture or his/ her delegated representative at least once each year shall test and inspect the measuring devices on tank trucks and tank wagons used in the retail or wholesale dispensing of products regulated by Chapter 414, RSMo.

(E) No meter which has been condemned shall be used for commercial purposes. All condemned meters shall be conspicuously marked INACCURATE: USE PROHIBITED.

(F) Each measuring device shall be sealed with an official state security seal to be applied by the director of the Department of Agriculture or his/her delegated representative.

(G) No person, except the director or his/her delegated representative, shall duplicate the state seal of Missouri to be used for sealing or applying seals to any measuring device dispensing products regulated by Chapter 414, RSMo.

(H) No person shall break or tamper with any official state security seal without the consent of the director of the Department of Agriculture or his/her delegated representative except for the repair or replacement of this device, at which time notification is to be given to the director within five (5) days.

(I) No person shall hinder or obstruct the director or his/her (J) If the design, construction, or location of any device is such as to require a testing procedure involving special equipment or accessories, or an abnormal amount of labor, the equipment, accessories, and labor shall be supplied by the owner or operator of the device as required by the weights, measures and consumer protection official.

(2) Safety. Failure by any owner or operator of a tank wagon to remedy any deficit or condition which is or may constitute a hazard to the person of any official inspector of metering devices shall constitute a refusal to inspect those metering devices and that device shall be subject to an order for discontinuance of use.

(3) Each tank truck or tank wagon shall utilize a separate measuring device (meter) for each class of petroleum products dispensed. This requirement includes any vehicle which was not manufactured for use as a tank delivery vehicle, but has been retrofitted with a tank to be utilized to deliver products regulated by Chapter 414, RSMo to a customer or by a customer.

(4) Each meter utilized for the dispensing of products regulated by Chapter 414, RSMo shall be labeled or marked in a conspicuous location indicating those products it is utilized for (i.e., gasoline, diesel fuel, heating oil, kerosene, etc.)

(5) Tank filling shall not begin until the delivery truck driver or operator has determined the tank outage and calculated the volume that can be safely delivered into the tank.

(6) The driver, operator, or attendant of any tank vehicle shall not remain in the vehicle during the delivery of petroleum products but shall remain at or near the loading or unloading point and not leave the vehicle unattended during the loading or unloading process.

(7) Section 2-4.9.4 contained in the 1996 edition of the NFPA Manual No. 30A shall not apply.

Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original 2, 1990, effective June 28, 1990. Amended: Filed April 14, 1994, effective Sept. 30, 1994. Amended: Filed April 8, 1999, effective Nov. 30, 1999. Amended: Filed June 27, 2018, effective Jan. 30, 2019.

2 CSR 90-30.100 Terminals {#sec-2-csr-90-30.100 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.100}

PURPOSE: This rule establishes requirements for measuring devices and safety.

(1) Safety.

(A) All terminal locations utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo shall meet the requirements of the National Fire Protection Association (NFPA) entitled Manual No. 30, 1996 Edition which is incorporated herein by reference.

(B) At least once every six (6) months the director shall inspect and examine all terminal premises utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo to insure compliance with NFPA Manual No. 30, 1996 Edition.

(C) The director or his/her delegated representative shall have free access, at reasonable times, to any terminal location utilized for the sale or storage of petroleum products regulated by Chapter 414, RSMo.

(D) No person shall hinder or obstruct the director or his/ her delegated representative in the reasonable performance of his/her duties. Any measuring device which does not meet the requirements contained in the current edition of NIST Handbook 44 shall not be used and shall be ordered corrected, discontinued from use, or removed.

Dec. 1, 1987, effective Jan 1, 1988, expired March 1, 1988. Original 2, 1990, effective June 28, 1990. Amended: Filed April 14, 1994, effective Sept. 30, 1994. Amended: Filed April 8, 1999, effective Nov. 30, 1999. Amended: Filed June 27, 2018, effective Jan. 30, 2019.

2 CSR 90-30.110 Airports {#sec-2-csr-90-30.110 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-30.110}

PURPOSE: This rule establishes requirements for airport safety and measuring devices.

(1) At least every six (6) months, the director shall test and inspect the measuring devices at all airports which dispense products regulated by Chapter 414, RSMo.

(2) Each measuring device shall meet the requirements of 2 CSR 90-30.080.

(3) If the design, construction or location of any device is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, the equipment, accessories and labor shall be supplied by the owner or operator of the device as required by the weights and measures official.

(4) The director or his/her delegated representative shall have free access, at reasonable times, to any airport location utilized for the sale or storage of products regulated by Chapter 414, RSMo.

(5) No person shall hinder or obstruct the director or his/her (6) All airport locations utilized for the sale or storage of products regulated by Chapter 414, RSMo shall be safe from fire and explosion and not likely to cause injury to the public or property. The director shall order any location not meeting the requirements of this section corrected, discontinued from use or removed.

Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. *Original authority: 414.142, RSMo 1987, amended 1993.

History

• AUTHORITY: section 414.142, RSMo Supp. 1993. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988.

Chapter 31 Service Stations

2 CSR 90-31.010 Storage and Handling Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.010}

2 CSR 90-31.020 Attendance or Supervision of Dispensing Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.020}

2 CSR 90-31.030 Dispensing Systems Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.030}

2 CSR 90-31.040 Marine Service Stations Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.040}

2 CSR 90-31.050 Electrical Equipment {#sec-2-csr-90-31.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.050}

Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec-

History

• AUTHORITY: section 414.151 Supp 1984.

2 CSR 90-31.060 Heating Equipment Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.060}

2 CSR 90-31.070 Drainage and Waste Disposal Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.070}

2 CSR 90-31.080 Sources of Ignition Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- {#sec-2-csr-90-31.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.080}

2 CSR 90-31.090 Fire Control Aug. 5, 1970. Emergency rule filed April 16, 1985. Rescinded: Filed April 16, 1985, effec- MATTBLUNT(4/30/01) {#sec-2-csr-90-31.090 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-31.090}

Chapter 36 Egg Quality Program

2 CSR 90-36.005 Definitions {#sec-2-csr-90-36.005 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-36.005}

PURPOSE: This rule establishes definitions of words or terms (except in those instances where the context clearly indicates otherwise) used in the regulations of this chapter as required by

section 196.354, RSMo.

(1) “Check” means any individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A “check” is lower in quality than a “dirty.”

(2) “Consumer” means any person who purchases eggs for such person’s own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other institution or concern which purchases eggs for serving to guests or patrons thereof, or for its own use in cooking, baking, or manufacturing their products.

(3) “Container” means any box, case, basket, carton, sack, bag, or other receptacle.

(4) “Dealer” means any person who purchases eggs from the producers thereof, or another dealer, for the purpose of selling such eggs to another dealer, a processor, or retailer.

(5) “Denatured” means eggs— (A) Made unfit for human food by treatment or the addition of a foreign substance; or (B) With one-half (1/2) or more of the shell’s surface covered by a permanent black, dark purple, or dark blue dye.

(6) “Director” means the director of the Department of Agriculture.

(7) “Dirty” or “dirt” means an egg that has a shell that is unbroken and has adhering dirt or foreign material.

(8) “Eggs” means the shell eggs of a domesticated chicken, turkey, duck, quail, goose, or guinea that are intended for human consumption.

(9) “Inedible eggs” means eggs which are defined as such in the rules and regulations of the director adopted under sections 196.311 to 196.361, RSMo, which definition shall conform to the specifications adopted therefor by the United States Department of Agriculture.

(10) “Leaker” means an individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

(11) “Loss” means an egg that is inedible, cooked, frozen, contaminated, musty, or moldy, or an egg that contains a large blood spot, large meat spot, bloody white, green white, rot, sour eggs, stuck yolk, blood ring, embryo chick (at or beyond the blood ring state), free yolk in the white, or other foreign material, or an egg that is adulterated as such term is defined pursuant to the Federal Food, Drug, and Cosmetic Act.

(12) “Person” means and includes any individual, firm, partnership, exchange, association, trustee, receiver, corporation, or any other business organization, and any member, officer, or employee thereof.

(13) “Processor” means any person engaged in breaking eggs or manufacturing or processing egg liquids, whole egg meats, yolks, whites, or any mixture of yolks and whites, with or without the addition of other ingredients, whether chilled, frozen, condensed, concentrated, dried, powdered or desiccated.

(14) “Retailer” means any person who sells eggs to a consumer.

(15) “Sell” means offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.

(16) “Subcontainer” means any container when being used within another container.

March 18, 2024, effective Nov. 30, 2024.

2 CSR 90-36.010 Egg Inspection and Enforcement {#sec-2-csr-90-36.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-36.010}

PURPOSE: Under Missouri Egg Law, this rule establishes the regulations governing the licensing, selling, trafficking in, delivering, transporting, marketing, processing, and distribution of eggs. This rule is intended to insure that the consumer will be able to buy eggs that meet the proper standards.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Shell eggs shall meet the standards as incorporated by reference in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56 published by the United States Department of Agriculture, dated July 20, 2000. This rule does not incorporate any subsequent amendments or additions. This document is available on the internet at www.ams.usda.gov/ poultry under Publications or by writing to USDA, AMS, Poultry Programs Stop 0259, Room 3944 South 1400 Independence Ave, SW Washington, DC 20250-0259.

(A) Basis of Grading Service (Sampling).

1. Any grading service in accordance with the regulations in this part shall be for class, quality, quantity, or condition or any combination thereof. Grading service with respect to the determination of the quality of products shall be incorporated by reference to the United States Standards, Grades, and Weights Classes. However, grading service may be rendered with respect to products which are bought and sold based on institutional contract specifications or specifications of the applicant and such service, when approved by the administrator, shall be rendered on the basis of such specifications. The supervision of packaging shall be in accordance with such instructions as may be approved or issued by the administrator.

(10/31/24) John R. Ashcroft AND CONSUMER PROTECTION 2 CSR 90-36—DEPARTMENT OF AGRICULTURE 2. Whenever grading service is performed on a representative sample basis; such sample shall be drawn and consist of not less than the minimum number of cases as indicated in the following table.

Less than 1 case (30 dozen) 50 eggs must be examined, if less than 50, all eggs examined in lot. 1 case and above 100 eggs must be examined per sample case. For each additional 50 cases or fraction thereof.

For each additional fifty (50) cases, or fraction thereof, more than six hundred (600) cases, one (1) additional case shall be included in the sample.

(B) Identification of Graded Eggs in Containers.

1. Eggs packaged in containers by licensed dealers for supply or sale to retailers must be identified on each container with either the name and address (city and state), or approved identification number of the dealer under whose authority the eggs were packed and the day, month, and year when said eggs were graded. Either a normal dating procedure or a numerical code based on the day of the year may be used.

(Example: July 1, 1966, or 182-6; July 2, 1966, or 183-6).

2. The identification shall be stamped or printed in bold legible type upon each container with letters no less than threesixteenths inch (3/16") in height. The term container includes box, basket, carton, sack, bag, case, or other receptacle.

(C) Identification of Graded Eggs in Bulk. All eggs in bulk, packed in cases, graded for retail sale, must be accompanied by grading certificates bearing the name and address (city and state), or approved identification number of the dealer under whose authority the eggs were packed and the date when said eggs were graded. The identification may be stamped or printed in bold, legible type with letters no less than threesixteenths inch (3/16") in height upon a grading certificate of strong paper approximately five inches (5") long and three inches (3") wide which shall be placed under the top flat above the first layer of eggs, or said information may be stamped or printed on the outside of the egg case.

(2) Advertising. All advertising including newspapers, handbills, radio, and window signs shall carry the full, correct and unabbreviated designation of size and quality as provided by law. Persons selling eggs from door to door, if not entirely of their own production must have the container properly labeled as to size and quality.

(3) Records. All persons licensed under the provisions of this

rule shall keep on file for a period of two (2) years a true and complete record of all eggs purchased or sold with the following exceptions: no record need be kept of the name and address of the person from whom the eggs are bought when such person is the original producer of the eggs and the quantity purchased is less than thirty (30) dozen; no record need be kept of eggs sold at retail; records need not show size and quality of eggs bought from original producers or exchanged between wholesalers. With the previous exceptions, this record will show the name and address of the person, firm, or corporation from whom eggs were purchased and to whom sold. Such record to show the size and quality of such eggs in each transaction after they have been graded and also the number of dozens or cases included in such transaction, and the dates thereof.

(4) Stop Sale Notice. The director of the Department of Agriculture, or duly authorized agents, upon determining that the provisions of this rule, or the rules promulgated for its enforcement, are being violated may place “Stop Sale Notice” on all eggs being sold or offered for sale in violation of the provisions of this rule or the regulations thereunder and shall report the circumstances to the director of the Department of Agriculture for action. Eggs which have had “Stop Sale Notice” applied shall be recandled and regraded for size and quality within forty-eight (48) hours from the time such “Stop Sale Notice” was applied. Upon failure to bring the eggs into compliance with the rule, the director of the Department of Agriculture will take necessary steps to cause the eggs to be condemned, denatured, processed, destroyed, or otherwise disposed of by court action.

(5) Maximum Temperature for Eggs Held for Retail Sale. Shell eggs that are to be officially identified as U.S. Grade AA, A, or B shall be placed under refrigeration at an ambient temperature no greater than forty-five degrees Fahrenheit (45°F) seven and two-tenths degrees Centigrade (7.2°C) promptly after packaging. Shell eggs officially identified as U.S. Grade AA, A, or B, when shipped between official plants, shall be transported at an ambient temperature no greater than fortyfive degrees Fahrenheit (45°F) seven and two-tenths degrees Centigrade (7.2°C).

April 27, 1964, effective May 7, 1964. Amended: Filed April 1, 1966, effective April 11, 1966. Emergency rescission filed Dec. 10, 1981, effective Jan. 1, 1982, expired March 1, 1982. Rescinded: Filed Dec. 10, 1981, effective Jan. 1, 1982. Emergency rule filed Dec. 10, 1981, effective Jan. 1, 1982, expired March 1, 1982. Readopted: Filed Dec. 10, 1981, effective March 11, 1982. Rescinded and readopted: Filed Nov. 4, 2002, effective May 30, 2003. Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed March 18, 2024, effective Nov. 30, 2024.

2 CSR 90-36.015 Egg License Requirements {#sec-2-csr-90-36.015 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-36.015}

PURPOSE: This rule establishes license requirements, enforcement actions, and license fees for retailers, dealers, and processors.

(1) All persons engaged in buying, selling, trading, or trafficking in, or processing eggs is required to be licensed except— (A) Those who sell only eggs produced by their own flocks, provided such eggs are not sold at an established place of business away from the premises of such producer;

(B) Hatcheries that purchase eggs used exclusively for hatching purposes;

(C) Hotels, restaurants, and other public eating places where all eggs purchased are served in the establishment; and (D) Bakeries, confectioneries, and ice cream manufacturers purchasing eggs for use and used only in the manufacture of their products.

(2) A “retailer’s license” is required for any person selling eggs to a consumer. Along with an application and fee, a “No Tax Due” letter from the Missouri Department of Revenue must accompany application for license and must be provided each year upon renewal.

(3) A “dealer’s license” is required for any person who buys eggs from a producer or other dealer(s) to resell to other dealers, processors, or retailers.

(4) A “processor’s license” is required for any person who is engaged in breaking eggs or manufacturing or processing eggs into liquid, whole egg meats, yolks, whites, or any mixture without the addition of ingredients, whether chilled, frozen, concentrated, dried, powdered, or desiccated.

(5) The director of agriculture shall have the authority to assess egg licensing fees to assist in defraying operating expenses.

The license fees are as follows:

License TypeFee Egg Licensing Fee—R2-Retailer$25 Egg Licensing Fee—R1-Retailer: Sells at farmers markets or roadside stand $25 Egg Licensing Fee—Dealer-D1:0-100 cases$40 Egg Licensing Fee—Dealer-D4:Over 100 cases$50 Egg Licensing Fee—Processor-P1:0-250 cases$60 Egg Licensing Fee—Processor-P3: 250-1000 cases$75 Egg Licensing Fee—Processor-P4:Over 1000 cases$100 (6) All licenses shall be conspicuously posted in the place of business to which it applies. The license year shall be twelve (12) months, or any fraction thereof, beginning July 1 and ending June 30.

(7) No license shall be transferable, but it may be moved from one place to another by the consent of the director.

(8) All moneys received from license fees collected hereunder shall be deposited in the state treasury to the credit of the agriculture protection fund created in section 261.200, RSMo.

(9) The director may suspend or revoke the license of any dealer, processor, or retailer, or refuse to issue a license to any applicant. After a public hearing, if it is found that such dealer, processor, retailer, or applicant has violated any of the provisions of sections 196.311 to 196.361, RSMo, any such dealer, processor, retailer, or applicant shall have full rights to have counsel, to produce witnesses in his behalf at such hearing, and to have ten (10) days notice in writing of the date, time, and place of such hearing, and the charges and grounds upon which the license is sought to be revoked or suspended, or to be refused a license. The order of suspension, revocation, or refusal to issue a license shall not become final until ten (10) days after the date thereof, and after the party to the proceeding has been notified in writing of the action of the director. Any party to the proceedings that is aggrieved by any final decision or order of the director may appeal such order in the manner provided for such appeals in the Administrative Procedure Act of Missouri (Chapter 536).

March 14, 2024, effective Nov. 30, 2024.

2 CSR 90-36.020 Repackaging of Eggs at Retail Level {#sec-2-csr-90-36.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-36.020}

PURPOSE: This rule establishes requirements for repackaging of shell eggs at the retail level.

(1) It shall be unlawful for any handler or retailer to pack eggs into consumer-size containers other than during the original candling and grading operations except under the following stipulations:

(A) The retail location offering the eggs for sale shall make a written request and obtain written permission from the Department of Agriculture to repackage eggs. The request must include the name and location of the store. If there are multiple store locations, only one (1) letter will be required with all store locations listed in the letter;

(B) A retailer shall only repackage clean and sound shell eggs which originate from properly labeled consumer-size containers that have been damaged or their contents damaged.

These eggs shall be placed in new, clean containers that are properly labeled. Eggs or the original egg cartons must not be washed or cleaned in any way for use because of the many possibilities of bacterial introduction. All original egg cartons must be destroyed immediately upon removal of eggs. The repacked eggs shall meet USDA standards for consumer Grade B eggs. Eggs in the repacked consumer-size container shall be no less than medium in size;

(C) The consumer-size egg container which contains eggs that have been repacked shall be labeled with a statement declaring that the eggs in such containers were repacked by the retail store offering such eggs for sale, name of the retail store, its location and the oldest candling date which appeared on the consumer-size egg container or containers from which the repacked eggs originated. The candling date may be handwritten or stamped in ink. The repackaged egg container shall also be labeled “Grade B Medium” and contain a statement indicating that some of the eggs may be larger than indicated on the carton;

(D) The labeling on the consumer-size container used for the repackaged eggs shall meet the type and lettering size requirements as required on the original consumer-size containers. The additional labeling information required on repacked egg containers shall be in bold face type with lettering no less than one-eighth inch (1/8") in height;

(E) Once eggs have been repacked they are the responsibility of the retailer who must accept loss if eggs are classified as stop sale. Eggs under an official stop sale by the Department of Agriculture must be sent back to the dealer for regrading regardless of who is responsible for the eggs. Retailers are not grading stations. Only licensed dealers have the authority to grade and pack shell eggs; and (F) The Department of Agriculture shall grant permission to repackage eggs at the retail level when a written request is made by a retailer. This request will be automatically renewed on an annual basis providing the retailer has not violated any segment of the repackaging rules. A retailer violating the repackaging rules shall be subject to penalties, as provided by

section 196.361, RSMo 1986 of the Missouri Egg Law, and upon having two (2) or more violations of 2 CSR 90-36.020 during any twelve (12)-month period the retailer's permission to repack eggs shall be revoked for a period not to exceed ninety (90) days. Once a retailer's permission to repackage eggs has been revoked twice, the retailer will be subject to permanent (10/31/24) John R. Ashcroft AND CONSUMER PROTECTION 2 CSR 90-36—DEPARTMENT OF AGRICULTURE suspension of permission to repackage eggs, at the discretion of the Department of Agriculture. A retailer who has received written permission from the Department of Agriculture to repackage eggs shall post such license in a conspicuous location in the place of business to which it applies.

History

• AUTHORITY: section 196.354, RSMo 1986. Original rule filed April 12, 1985, effective June 27, 1985.

Chapter 38 Unfair Milk Sales Practices Act

2 CSR 90-38.010 Definitions {#sec-2-csr-90-38.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-38.010}

PURPOSE: This regulation provides definitions of words or terms (except in those instances where the context clearly indicates otherwise) used in the regulations of this

chapter as required by section 416.460, RSMo.

(1) The Act means the Unfair Milk Sales Practices Act, sections 416.410–416.560, RSMo (1986).

(2) The director is the director of the Department of Agriculture. Under Missouri state government reorganization, the Office of Commissioner of Agriculture has been replaced with the Office of the Director of the Department of Agriculture.

(3) Person means any individual, partnership, corporation, cooperative, public body, political subdivision or any legal entity of any kind.

(4) Processor means any person engaged in the business of processing or packing bulk milk or other materials into milk products, and includes persons who sell, at retail, milk processed by themselves.

(5) Distributor means any person other than a bulk milk handler engaged in the business of transferring title within the state to milk products for a consideration where the milk is to be sold for resale or further processing.

The following criteria will be among those considered in determining if a distributor is operating as an independent business entity, and is required to obtain a distributor's license under this Act:

(A) Takes legal title to and possession of milk products and conveys title to customers or accounts;

(B) Exercises own judgment and discretion as to all aspects of business including products price and pricing policies; and (C) Obtains customers and accounts, collects for merchandise sold and absorbs any loss for returned merchandise, faulty merchandise excluded. Persons who are commissioned salesmen, truck drivers or independent haulers for a processor and who are not free and independent business entities shall not be considered distributors under this Act and will not be licensed as such regardless of their designation by processor. Accordingly, all persons who are commissioned salesmen, drivers or independent haulers for a processor will be considered agents of that processor and that person's conduct will be imputed to and be the responsibility of the processor.

(6) Nonprocessing retailer means any person engaged in the business of transferring title to consumers of milk products not processed by him/her directly. A retailer who sells both products processed by him/herself and products processed by others shall be deemed a processor with regard to those products processed by him/herself, and a nonprocessing retailer with regard to those products by others.

(7) Milk product purchaser means any person who purchases milk products, including processors, distributors, retailers, nonprofit organizations and consumers, except persons who purchase milk for charitable purposes or for unemployment relief agencies. Public school districts, agencies and institutions of Missouri and its political subdivisions are included within the definition of milk product purchaser. The word customer, as used in these rules, refers to any milk product purchaser.

(8) Cost to the bulk milk handler means the price paid dairy farmers for the milk, plus receiving plant charge or a reasonable charge to cover all cost of operating his/her own receiving plant, plus transportation costs to the point of delivery to the purchaser.

(9) Dock cost for fluid milk means the cost of the raw milk plus the processor's cost for processing fluid milk placed on the dock at his/her processing plant, ready for sale or delivery. In the absence of specific evidence, dock cost shall be presumed to be the cost of the raw milk plus four cents (4¢) per quart, eight cents (8¢) per half-gallon and sixteen cents (16¢) per gallon (10) Transportation cost shall include the cost of loading a truck or other delivery vehicle and driving the truck or other vehicle from the distribution point to the several points of purchase, appropriately prorated among the various purchasers of the milk products on the truck.

(11) Delivery cost includes all costs of unloading the truck and stacking the milk products in the dairy case or storage case of the purchaser.

(12) Milk products include market milk, pasteurized milk, including low-fat milk, vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipped cream, homogenized cream, including halfand-half, skim milk, buttermilk and cultured buttermilk.

(13) Discount means an amount, whether computed as a percentage of the value of milk products purchased or otherwise, which is deducted from an invoice price permitting the purchaser to discharge his/her liability to the seller for a sum smaller than the invoice price of the milk products.

(14) Rebate means an amount whether computed as a percentage of the value of milk products purchased or otherwise, which is paid or credited by a seller to a purchaser of milk products after the purchaser has bought and paid for those milk products.

(15) Central billing means the billing to one (1) location or the payment from one (1) location for the sale of milk products delivered to more than one (1) location. Central billing includes, but is not limited to, the billing to the central office of a business which owns or operates more than one (1) store or restaurant, the billing to the central office of an association made up of separately-owned grocery stores and grocery chains and the billing to a jobber who purchases milk to be delivered to more than one (1) grocery store or restaurant.

(16) Equipment includes dairy display cases, dairy storage coolers, ice cream display cases, ice cream storage cases, display cases and storage cases for meats, frozen foods, produce, and other food and food products, dairy serving equipment, milk vending equipment and other types of equipment used for the storage, display for sale or serving of any dairy product, including ice cream, or any food product; refrigeration equipment, whether used in conjunction with the previously listed equipment or otherwise; and any other item used in the furnishing or operation of the business of any milk product purchaser.

(17) Invoice price is the price of a milk product quoted or billed to a customer prior to or contemporaneously with sale or delivery of the milk product, that is, the monetary amount charged for a particular milk product in a specific sized and type of container, stated as an amount of money per unit.

(18) Business day means any day except Saturday, Sunday or legal holiday.

(19) Cost to the retailer means the actual price paid by the retailer plus the retailer's cost of doing business. The retailer's cost of doing business shall include all direct and indirect cost allocable to the storage display and sale of milk products. In the absence of specific evidence the cost of doing business shall be presumed to be eight percent (8%) of the invoice price and this cost shall be calculated to the nearest half cent (1/2 ̆) per sales unit.

CSR 40-3.010. Original rule filed Nov. 26,1975, effective Dec. 10, 1975. Amended:

Filed Sept. 14, 1977 effective Jan. 1, 1978.

Amended: Filed July 10, 1984, effective Oct. 11, 1984.

2 CSR 90-38.020 Unfair Milk Sales Practices {#sec-2-csr-90-38.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-38.020}

PURPOSE: This regulation places prohibitions or requirements on practices done with the intent of or with the effect of unfairly diverting trade from a competitor or otherwise injuring a competitor or destroying competition or of creating a monopoly.

(1) No processor, distributor or nonprocessing retailer shall sell any milk product for less than cost, except in conformance with section (6) of this rule.

(2) No processor or distributor shall sell milk products from different price schedules, including any applicable volume price differentials, in different communities in this state from the same plant, except that price differentials which reflect actual transportation cost differences or which are allowed by section (12) of this rule may be made.

(3) No person may advertise, offer to sell or sell any milk product with any other commodity or service (except services permitted by section (9) of this rule) at a combined price which is less than the aggregate of the prices for which the milk product and the other commodity or service are offered for sale. This prohibition includes the giving of bonus trading stamps, cash discounts or other things of value specifically tied to the purchase of milk, but does not prohibit a retailer from giving trading stamps, cash discounts and other similar things of value for the purchase of milk products on the same basis as those things of value are given for the purchase of all other products sold by such retailer.

(4) No processor or distributor shall differentiate between the price charged for private label products and the price charged for the regular brand products if both contain like grade and quality of the same milk products and are contained in the same size and type of container unless the processor or distributor can establish a cost justification for any price differential. The sale of any private label product for a price less than the regular brand product the difference not being cost justified, will be considered an illegal discount except as that price may be authorized by section (12) of this rule.

(5) Delivery tickets or invoices from processors or distributors to retail stores must show the actual unit price of milk products delivered to the retail store. In the absence of delivery tickets or invoices a current report showing the actual unit price of milk products delivered must be furnished to each retail store.

(6) No processor or distributor shall give, allow or grant to any customer any rebate or discount from the invoice price of milk products except as follows:

(A) Cost-justified volume price differentials based on differences in delivery costs or other provable cost differences may be granted by appropriate discount from list price or by lower net invoice prices, provided that they are made available to any purchaser who buys the required volume; and (B) A processor or distributor, at its option, may allow a discount of no more than two percent (2%) for prompt payment. This discount may be allowed either where a customer requests central billing or when s/he pays on an individual and independent basis.

In no event, however, shall a customer who is centrally billed be allowed any greater discount for prompt payment than customers who pay equally promptly for products received on an individual and independent

basis. In the event that a processor or distributor chooses to offer this discount, it may do so only after defining the terms of eligibility for this discount through the publication of objective written criteria and the distribution of criteria to all customers. The criteria shall clearly state the amount of discount any customer is entitled to for payment on each of the following items: payment in advance, cash on delivery, payment within ten (10) days of delivery, payment within twenty (20) days of delivery, payment within thirty (30) days of delivery and payment within ten (10) days of monthly billing. A processor or distributor may offer the same rate of discount to more than one (1) of these categories but each category shall have a rate of discount equal to or greater than that given to all categories below it. No discount in any way shall be conditioned on the amount of milk products purchased from the processor or distributor or on the use of central billing. All customers who pay in a timely fashion so as to satisfy the written criteria for prompt payment shall be credited with that discount without further request.

(7) No processor or distributor shall extend or offer to extend and no milk product purchaser shall request or accept deferred payments or extend credit for milk products delivered except as expressly provided in this

rule:

(A) No processor or distributor shall fail to bill each customer at least once each month for all milk products delivered since the last previous billing and not yet paid for;

(B) Within twenty-five (25) days from the date of first billing which first billing shall demand payment for all milk products delivered to a milk product purchaser by a processor or distributor, but not paid for since the immediately antecedent first billing, each milk product purchaser billed must make payments in full in each of his/her outstanding milk product accounts;

(C) No processor or distributor shall deliver milk products to any customer, which customer has become in arrears on his/her account by reason of failure to pay in full the amount noted on a first billing within twentyfive (25) days of that billing, unless that processor or distributor is paid cash on delivery by the customer in arrears;

(D) No processor or distributor shall sell milk products to a customer which customer is in arrears on an open account, as provided in this rule, with any other processor or distributor unless that sale is for cash on delivery;

(E) No milk product purchaser shall accept credit terms, as expressly provided for in this

rule, from any processor or distributor unless that milk product purchaser is not in arrears on any open account with another processor or distributor; and (F) In each instance where a customer fails to pay in full, within twenty-five (25) days of the first billing for milk products delivered to the customer by any processor or distributor, that processor or distributor shall so advise the director. When a customer making payment, in full, to a processor or distributor, on an account previously in arrears, that processor or distributor receiving the payment shall so advise the director.

4CODE OF STATE REGULATIONS

(8) No processor or distributor shall grant discount or rebate for central billing unless the discount or rebate can be cost-justified by the processor or distributor.

(9) No processor or distributor shall make any payment or transfer any merchandise or other thing of value to any customer or credit the account of any customer other than for money received or products returned.

(10) No processor or distributor shall provide any free service or labor to any customer, including, but not limited to:

(A) Stamping prices;

(B) Stacking or carrying out groceries;

(C) Setting up cases or displays for products not provided by the processor or distributor; or (D) Otherwise lending assistance to a customer not limited exclusively to preparation of the processor's or distributor's products for sale on a customer's premises; provided, however, that this prohibition shall not apply to— 1. Delivery of milk products to a customer's place of business;

2. Stocking shelves with the processor's or distributor's products;

3. Pulling up and rotating stocks of the processor's or distributor's products; or 4. Cleaning up of dairy display cases when made necessary by presence of the processor's or distributor's products.

(11) No processor or distributor shall provide equipment to any milk product purchaser whether the equipment is provided free, by lease or otherwise.

(12) No processor or distributor shall provide warehouse or storage space for the use of any customer or for the use of any association whose members are customers of the processor or distributor.

(13) No processor or distributor shall meet any lower price or other competition offered by a competitor by means other than lower invoice prices or the introduction of new products or services extended in conformance with the provisions of the Missouri Unfair Milk Sales Practices Act and the rules promulgated by the director of agriculture.

(14) No processor or distributor shall purchase any equipment for, on behalf of or for use by any customer.

(15) No processor or distributor shall loan money to, or guarantee or facilitate any loan to any customer. As used in the rule, loan does not include the extention of credit for goods delivered but not yet paid for; extensions of credit are governed by section (7) of this rule.

(16) No processor or distributor shall provide, or pay in whole or in part for any sign, a sign painting or other advertisement to a customer except for point-of-sale advertising material for the promotion of the sale of the processor's or distributor's products.

(17) No milk product purchaser shall accept from any processor or distributor any rebate, discount, free service(s), advertising allowance, pay for advertising space used jointly, donation, free merchandise, rent on space used by the retailer for storing or displaying the milk processor's or distributor's merchandise, financial aid or any other thing of value, including, without limitation, those things of value which are enumerated in sections (4)–(17) of this rule, except to the extent that the giving of that thing of value by processor or distributor is not prohibited by the Act or these rules.

(18) The activities, contracts or arrangements or any stockholder, owner, officer, manager or employee of any processor, distributor, nonprocessing retailer or milk product purchaser shall be deemed to be the activities, contracts or arrangements of the processor, distributor, nonprocessing retailer or milk products purchaser, so that, for example, the payment of money to the owner of a store shall be considered the payment of money to the store within these rules.

(19) Nothing in these rules shall prohibit a processor or distributor from furnishing to any consumer of milk products a porch box or similar item used for the temporary storage of milk delivered to homes.

(20) Taste sampling of milk products for immediate consumption on the premise in quantities not to exceed three (3) ounces is not a violation of the Act.

(21) All retailers must have the actual retail price stamped on the container or attached to the display case on all milk products displayed for sale.

CSR 40-3.020. Original rule filed Nov. 26, Filed Dec. 18, 1975, effective Dec. 28, 1975.

Amended: Filed Sept. 14, 1977, effective Jan. 1, 1978. Amended: Filed July 10, 1984, effective Oct. 11, 1984.

Foremost Dairies v. Thomason,384 SW2d 651 (Mo. 1964). Court held that the following

rule, promulgated by commissioner of agriculture, was void because the commissioner of agriculture had no power under the act to so promulgate: “Rule 11. Volume pricing is a discount in price and results in a discrimination in price between localities and is therefore prohibited under the Act.” It therefore follows that the commissioner would not have the authority to make a rule the effect of which would be to prohibit cost-justified volume pricing, as Rule 10: “Rule 10. In determining cost to the processor or distributor for retail sales, all retail stops and rates in a given area should be combined and averaged to obtain a uniform cost for such areas. In determining cost to the processor or distributor for wholesale sales, all wholesale stops and routes in a given area should be combined and averaged to obtain a uniform cost for such areas.” Further, court held that Rule 12 is not authorized by the Act and is beyond the authority of the commissioner to so promulgate: “Rule 12. Public schools districts, agencies and institutions of the state of Missouri and its political subdivisions are not within the purview of sections 416.410 to 416.560, RSMo (1959) and sales of milk products to them are not regulated by the Unfair Milk Sales Practices Act.”

Foremost-McKesson, Inc. v. Davis, 488 SW2d 193 (Mo. banc 1972). Four (4) milk processors and distributors brought this action for declaratory judgement and injunctive relief from Unfair Milk Sales Practices

rule. Appellants have the burden to plead facts to show the invalidity of the rule. In view of the broad statutory authority granted the commissioner of agriculture, the rule must be regarded as prima faciereasonable. Only in a clear case will the courts interfere on the ground of unreasonableness. The burden is upon those challenging the rules to show that they bear no reasonable relationship to the legislative objective. Administrative rules should be reviewed in light of the evil they seek to cure and are not unreasonable merely because they are burdensome. They must be so at odds with fundamental principles as to be mere whim or caprice.

2 CSR 90-38.030 Procedures {#sec-2-csr-90-38.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-38.030}

PURPOSE: In order to implement the remedies afforded the director by the Act and enable the director to obtain information necessary for enforcement of the Act, it is necessary to give the director the means necessary to gain price and cost information from processors, distributors and retailers of milk products. This rule is designed to enable the director to acquire that information.

(1) Each processor, within thirty (30) days (January 9, 1976) of the effective date of these rules (December 10, 1975), shall provide the director with a list indicating the name and business address of each distributor of the milk products of the processor. Each person desiring to be licensed as a processor shall provide a list of distributors at the time application for a processor's license is made.

Each processor shall notify the director, in writing, within forty-eight (48) hours of any addition to or deletion from the distributors handling the processor's milk products.

(2) Every processor, distributor and nonprocessing retailer of milk products shall make and retain for twenty-four (24) months records showing all prices charged or offered by him/her for milk products in this state. If different prices are charged or offered in different communities or to different customers, separate records shall be kept which indicate all such price differentials. Records of any discount schedules shall be maintained, the records to include the effective dates of those schedules, the amounts of any discounts allowed and the terms of eligibility for the documents.

(3) Each processor, distributor and nonprocessing retailer shall make and retain for twenty-four (24) months product cost information which enables the processor, distributor or nonprocessing retailer to determine the cost of any milk product by a reasonable

rule, fairly allocating the price paid for raw materials and the cost of doing business among all products sold by the processor, distributor or nonprocessing retailer. Marginal cost analysis, that is, cost computation which allocates all overhead cost to some units of production and assigns only the actual cost of raw products, packaging and other marginal costs to subsequent units of production, is not acceptable under this rule.

(4) Each processor and distributor shall make and retain for twenty-four (24) months records of transportation and delivery costs to all customers. These costs, at the option of the processor or distributor, may either be averaged among all purchasers of milk products or they may be fairly prorated among different purchasers so as to reflect additional cost or cost savings attributable to distance of delivery or volume of delivery. Marginal cost analysis, that is, cost computation which allocates all transportation or delivery cost to existing customers and only marginal cost to additional customers, is not acceptable under this rule.

(5) The director of agriculture and agents shall be furnished, upon request in writing or in person, any record required to be kept in sections (2)–(4) of this rule.

(A) Every processor, distributor and retailer shall furnish, by the end of the next business day after receipt of a request, records of any requested prices and discounts schedules in effect at the time of the request. All retailers shall furnish, within one (1) business day after receipt of a request, records showing the price they pay for any milk product at the time of the request.

(B) Every processor, distributor and retailer shall furnish current cost information (other than the price paid by a retailer for milk products as provided in subsection (5)(A) of this rule) upon demand within seven (7) days of the date of request.

(C) All processors, distributors and retailers shall furnish, within seven (7) days of the date of request, price or cost information concerning any period less than thirty (30) days prior to the date of request.

(D) Any processor, distributor or retailer shall furnish, within fourteen (14) days after the date of the request, any price or cost information concerning a period more than thirty (30) days prior to the date the request was made.

(6) Any processor, distributor or nonprocessing retailer who sells milk below cost in order to meet the equally lower price of competition shall furnish the director, in writing, the identity of the person whose offer s/he is meeting, the identity of the person(s) to whom the offer was made, the date at which the offer was made or at which it came to the attention of the processor, distributor or nonprocessing retailer seeking to match the offer and the terms of the offer as understood by the processor, distributor or nonprocessing retailer. Failure to deposit this report in the United States mail by the end of the next business day after the time the first sale below cost is made by a processor, distributor or nonprocessing retailer shall be consideredprima facie evidence that no competitive offer was made and that the sale is an illegal sale below cost.

(7) All information gathered by the director or his/her agents pursuant to sections (5) and (6) of this rule will be kept confidential and will not be made available to the public because that information generally will deal with pending investigations of possible violations of the Act.

(8) On the first Monday in May of each year, the director shall conduct a hearing at the offices of the Department of Agriculture in Jefferson City, Missouri for the purposes of setting the amount of the license fee for manufacturing and processing plants and the amount of the licensing fee, if any, for distributors.

(A) At least fourteen (14) days prior to the date of the hearing, all persons who are currently licensed to operate processing or manufacturing plants and all persons who anticipate applying for a license to operate a plant for the subsequent year, whether the plant is located inside or outside Missouri, shall file with the director the following information for the calendar year ending on December 31 of the preceding year for each plant:

1. Name;

2. Corporate headquarters;

3. Locations of plant;

4. Gross poundage of raw milk purchased;

5. Total pounds used to manufacture ice cream, cheese, dry milk and other products not included in the definition of milk products in 2 CSR 90-38.010(12). This figure does not have to be itemized as to products;

6. Pounds used to manufacture cottage cheese;

7. Pounds spoiled or wasted;

8. Pounds of milk products (as defined in 2 CSR 90-38.010(12)) sold in Missouri;

9. Pounds of milk products (as defined in 2 CSR 90-38.010(12)) sold outside Missouri, specified as to state of sale; and 10. The place of sale, as used in paragraphs (8)(A)8. and 9. of this rule shall be the place of ultimate retail sale and not necessarily the place where the licensee transfers title to the milk.

(B) At least fourteen (14) days prior to the date of the hearing, all persons who are currently licensed as distributors and all persons who anticipate applying for licenses as distributors of milk products in the state shall file with the director the following information:

1. Name;

2. Name of company(ies) to be distributed for in the coming year;

3. Name of company(ies) distributed for in previous calendar year; and 4. Volume of poundage of milk products distributed in Missouri in previous year, itemized as to company.

(C) On the date of the hearing the director of the Division of Weights and Measures of 6CODE OF STATE REGULATIONS the Department of Agriculture shall present to the director— 1. Information as to the financial needs and resources of the department applicable to enforcement of the Act; and 2. A summary of the information filed with the director pursuant to subsections (8)(A) and (B) of this rule. Any person may file additional information or make any statement at the hearing as to the truth, falseness or incompleteness of the information given the director by the director of the Division of Weights and Measures or by any other person pursuant to this rule.

(D) On the date of the hearing, any person may bring any other matter concerning the enforcement of the Act to the attention of the director or may comment on any enforcement policy of the department.

(E) At the conclusion of the hearing or within fourteen (14) days after the hearings, the director shall fix the amounts of the fees provided for in the act at levels as will produce not more than an amount necessary for proper enforcement of the Act.

(9) On or before the tenth day of June of each year, every person who intends to operate a milk processing or manufacturing plant in this state or who intends to operate a milk processing or manufacturing plant outside this state, the products of which are sold in this state, shall file an application for a license with the director which shall include all information specified in subsection (8)(A) of this rule, and which shall include a check payable to the Department of Agriculture, state of Missouri, in an amount equal to the license fee for processors set by the director times the hundred-weight of milk products (as defined in 2 CSR 90-38.010(12)) sold in Missouri. The place of sale, for purposes of computing license fees, shall be the place of ultimate retail sale.

(10) On or before the tenth day of June of each year, every person who intends to act as a distributor of milk products within this state or who intends to distribute milk products within this state shall file an application for a license which shall include all information specified in subsection (8)(B) of this rule, and which shall include a check payable to the Department of Agriculture, state of Missouri, in an amount equal to the license fee for distributors set by the director.

(11) The director shall issue licenses to all persons filing satisfactory applications who are not eligible for licensing on July first of each year. Any person who has filed an application pursuant to section (9) or (10) of this rule who has not received a license on July first may continue to operate as if s/he had a license unless and until receiving notice that his/her application for a license had been denied following a hearing held in pursuant to

section 416.490 of the Act.

(12) The issuance of a license shall not waive the right of the director to subsequently suspend or revoke the license or to take appropriate actions to recover additional license fees owed the state.

(13) The director may request information from any licensee or license applicant as is believed by the director to be necessary to determine the accuracy of any license application or the eligibility of any applicant to be licensed.

(14) Any person at any time may request that one (1) or more of these sections be amended or revoked or that additional sections be promulgated. The director, at his/her discretion, may order hearings to be held with regard to any such requests.

(15) Nothing in this rule should be construed to waive or alter any statutory provision or procedure provided in the Act, and the director retains the right to take such actions and conduct such investigations as are allowed by the Act.

CSR 40-3.030 Original rule filed Nov. 26, Filed July 10, 1984, effective Oct. 11, 1984.

Foremost-McKesson, Inc. v. Davis, 488 SW2d 193 (Mo. banc 1972). Four (4) milk processors and distributors brought this action for declaratory judgement and injunction relief from Unfair Milk Sales Practices

rule. Appellants have the burden to plead facts to show the invalidity of the rule. In view of the broad statutory authority granted the commissioner of agriculture, the rule must be regarded as prima faciereasonable. Only in a clear case will the courts interfere on the ground of unreasonableness. The burden is upon those challenging the rules to show that they bear no reasonable relationship to the legislative objective. Administrative rules should be reviewed in light of the evil they seek to cure and are not unreasonable merely because they are burdensome. They must be so at odds with fundamental principles as to be mere whim or caprice.

2 CSR 90-38.040 Separability and Effective Period {#sec-2-csr-90-38.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-38.040}

PURPOSE: This rule states the separability of the rules and their provisions within Chapter 38 and the effective period of these rules.

(1) If any provision of the rules within Chapter 38 is declared invalid, the validity of the remainder of these rules shall not be affected. 1997.* This rule was previously filed as 2 CSR 40-3.040. Original rule filed Nov. 26, Filed Sept. 14, 1977, effective Jan. 1, 1978.

Amended: Filed July 10, 1984, effective Oct. 11, 1984. Amended: Filed Nov. 14, 1988, effective Feb. 11, 1989. Amended: Filed March 14, 1994, effective Aug. 28, 1994.

Amended: Filed Feb. 20, 1998, effective Aug. 30, 1998. *Original authority 1959, amended 1993, 1995.

2 CSR 90-38.050 Enforcement of 2 CSR 90-38.030 Stayed or Enjoined {#sec-2-csr-90-38.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-38.050}

PURPOSE: This rule provides alternate provisions concerning price filings, volume price differentials and cost records which were filed in 1970 and upheld in 1972 by the Missouri Supreme Court, if enforcement of all or part of 2 CSR 90-38.030 is stayed or enjoined by any court in this state.

(1) Within fifteen (15) days (July 17, 1970) after the effective date of these rules (July 2, 1970), every processor and distributor shall file with the director of agriculture, on forms furnished by the director, the price of every milk product proposed to offer for sale in Missouri. Any processor or distributor whose prices differ in localities served for the reasons enumerated in section 416.420, RSMo or for any other lawful reason will file a separate price list for each such locality. The prices filed as provided in this rule will be current at all times and any change in prices after the initial filing (up or down) will be filed with the director within forty-eight (48) hours after the effective date thereof. In compliance with this rule, processors will file their dock price and their wholesale price.

Distributors shall file their wholesale price.

(2) No sale will be made by any processor or distributor below the prices filed with the director as provided by this rule, except as provided otherwise in this rule. Provided further, nothing contained in this rule will prohibit a processor or distributor from making a sale at a price below the prices on file with the director of agriculture if such a sale is made in good faith to meet the equally lower price of a competitor. Any sale made under this provision must be reported to the director of agriculture in writing, by registered mail or telegram, postmarked or dated within twenty-four (24) hours after the sale has been made and the notification of the sale for such purpose to the director of agriculture shall name the competitor offering the lower price, the name and address of the person receiving the lower price, the date or dates, the amount of the lower price and any and all other conditions of the sale relevant to indicate the good faith of the person making the reduction to meet competition. Upon receipt of the report, the director will immediately cause an investigation to be conducted to determine whether good cause exists to justify a lower price to meet competition as alleged in the report. The director will notify the person filing the report that his/her lower price is either approved or disapproved within ten (10) days after receipt of the report.

(3) Any sale by any processor or distributor to a customer for an amount less than the prices filed under section (1), except as provided in this rule, or a reduction in good faith still validly in force under the meeting competition provisions of section (2), will beprima facieevidence of an illegal discount and a violation of section 416.420, RSMo and may result in the institution of proceedings as provided in section 416.450, RSMo.

(4) The director recognizes that, under certain conditions and circumstances, a processor or distributor may be justified in making a price reduction to a given purchaser which results from a saving to a processor or distributor because of the quantity and type of delivery in which the milk products to that purchaser are sold or delivered. The difference between the price as filed and the price as so reduced as a result of the saving, stated in cents or as a percentage of the filed price shall be known as the volume price differential. In the event any processor or distributor wishes to grant a price reduction and establish a volume price differential to one (1) or more customers, s/he will file the volume price differential with the director (on forms furnished by the director) five (5) days before the effective date of the proposed volume price differential on each price reduction to be granted, including the name and address of the recipient, the date or dates on which it will be granted and all relevant factors indicating the cost-justification. The proposed volume price differential will be examined by the director and approved or disapproved before the effective date and the proponent will be notified accordingly. If the proposed volume price differential is disapproved by the director, the aggrieved processor or distributor may request a hearing at which s/he may submit evidence to the director showing justification for the proposed volume price differential. The hearing shall be conducted in accordance with procedures for contested cases as established by Chapter 536, RSMo.

(5) Each processor and each distributor shall keep current records to show the cost of doing business. On the written request of the director, the product cost shall be computed for any designated period in accordance with accepted cost accounting methods.

CSR 40-3.050. Original rule filed June 22, 1970, effective July 2, 1970. Amended: Filed July 10, 1984, effective Oct. 11, 1984.

8CODE OF STATE REGULATIONS

Chapter 40 National Bureau of Standards Handbook 44

2 CSR 90-40.010 NBS Handbook 44, Specifications, Tolerances and Other Technical Requirements for Commercial Weighing and Measuring Devices AGRICULTURE Standards Handbook 44 {#sec-2-csr-90-40.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-40.010}

2 CSR 90-40.010 NBS Handbook 44, Specifications, Tolerances and Other Technical Requirements for Commercial Weighing and Measuring Devices {#sec-2-csr-90-40.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-40.010}

(Rescinded October 30, 2001)

Amended: Filed April 16, 1985, effective June 27, 1985. Rescinded: Filed April 17, 2001, effective Oct. 30, 2001.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 414.110 and 414.151, RSMo 1986. Original rule filed July 27, 1970, effective Aug. 5, 1970. Emergency amendment filed April 16, 1985, effective May 1, 1985, expired July 1, 1985.

Chapter 50 Moisture-Measuring Devices

2 CSR 90-50.010 Moisture-Measuring Devices for Plant Products {#sec-2-csr-90-50.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-50.010}

(Rescinded October 30, 2001)

Original rule filed Sept. 23, 1976, effective Jan. 14, 1977. Amended: Filed April 17, 1990, effective June 28, 1990. Rescinded:

Filed April 17, 2001, effective Oct. 30, 2001.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 265.610, RSMo 1986.

Chapter 60 Missouri Standards for Property Boundary Surveys

2 CSR 90-60.010 Application of Standards {#sec-2-csr-90-60.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.010}

PURPOSE: These standards provide the professional land surveyor and recipient of boundary surveys with a realistic guideline for adequate survey performance. This rule describes the types of surveys to which these standards apply.

The standards in this chapter apply to all property boundary surveys made for determining the location of land boundaries and land boundary corners, but do not apply to preliminary plats or plans, plot plans, design surveys, geodetic surveys, or cartographic surveys. Any individual or corporation licensed with the board to perform land surveying services in this state shall be familiar with and comply with these standards.

The Missouri Standards for Property Boundary Surveys are not intended to be used in place of professional land surveying judgment. There may be special circumstances and conditions that make it impractical to comply with some provisions of the standards. If the survey deviates from these standards, this deviation shall be noted, described, and justified on the plat of survey by the professional land surveyor. This provision cannot be used to intentionally circumvent the basic tenets of these standards. 2.010. Original rule filed Dec. 1, 2016, effective June 30, 2017.

2 CSR 90-60.020 Definitions {#sec-2-csr-90-60.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.020}

PURPOSE: This rule defines the various technical and legal terms used in this chapter.

(1) Condominium Survey—A property boundary survey that creates and defines condominium property in accordance with

Chapter 448, RSMo.

(2) Controlling Corners—Those corners that determine the location of the exterior corners of the surveyed boundary.

(3) Epoch Date—Refers to Reference Epoch Coordinates (RECs):

Coordinates estimated by National Geodetic Survey (NGS) for one of the official reference epochs NGS will define (every five (5) or ten (10) years, as currently planned). As these coordinates are computed by NGS they are considered part of the National Spatial Reference System (NSRS).

(4) Exterior Corners—Corners that define the shape and size of the parcel.

(5) Material Variations—The differences between surveyed lines and lines of possession or measurements called for in the record source of the property being surveyed that are, in the professional judgment of the professional land surveyor, significant enough to warrant particular notice.

(6) Original Survey—A survey which creates a new parcel.

Boundary adjustment plats, consolidation plats, riparian plats, lot splits, and minor subdivisions are examples of original surveys.

(7) Physical Monument—Natural or artificial objects which are accepted and used to mark boundaries and corners.

(8) Positional Uncertainty—The positive and negative range of values expected for a computed horizontal position as a result of random errors.

(9) Property Boundary Survey—Any survey that creates, defines, marks, remarks, retraces, or reestablishes the boundaries of parcels of real property or the subdivision of lands.

(10) Property Description—A description of the limits of real property by recitation of metes and bounds or by an aliquot

part of the United States Public Land Survey System or by lot or parcel designation referenced to a subdivision, survey, or other document recorded in the public records.

(11) Random Errors—Unavoidable errors in measurement that are caused by the inability of the operator to make exact measurements. (Random errors generally follow statistical principles and can be reduced with care in measurement, but can never be completely eliminated).

(12) Record Title Boundaries—The limits of real property ownership as evidenced and provable by one (1) or more written means of real property transfer and having provided constructive notification by being duly entered into the public records.

(13) Rural Property—Any property that is not urban property.

(14) Subdivision—A property boundary survey that partitions land into two (2) or more parcels by platting the divisions of land in accordance with Chapter 445, RSMo.

(15) Systematic Errors—Errors in measurement that conform to mathematical and physical laws and remain the same under set conditions. Systematic errors are detectible and can be removed by ensuring the proper adjustment of equipment, by applying appropriate corrections to observations, and by using appropriate observation techniques to eliminate the effects of imperfection in equipment manufacture.

(16) United States Public Land Survey Corners—Those points that determine the boundaries of the various subdivisions of the United States Public Land Survey as set forth in section 60.301(1), RSMo.

(17) Urban Property—Any property that is located wholly or partly within the corporate limits of any municipality or any commercial, industrial, or multi-unit developmental property.

section 60.510(7), RSMo Supp. 2024.* Material in this rule was originally covered in 10 CSR 30-2.020. Original rule filed Dec. 1, 2016, effective June 30, 2017. Amended: Filed Jan. 13, 2022, effective July 30, 2022. Amended: Filed Jan. 8, 2025, effective Aug. 30, 2025. *Original authority: 60.510, RSMo 1969, amended 2012, 2013, 2023; 60.550, RSMo (7/31/25) Denny Hoskins AND CONSUMER PROTECTION 2 CSR 90-60—DEPARTMENT OF AGRICULTURE 1969, amended 2013; and 448.2-109, RSMo 1983, amended 1988.

History

• AUTHORITY: sections 60.550 and 448.2-109, RSMo 2016, and

2 CSR 90-60.030 General Land Surveying Requirements {#sec-2-csr-90-60.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.030}

PURPOSE: This rule sets forth standards that apply to all property boundary surveys.

(1) Records Research.

(A) Every survey executed shall be based on the property description of the parcel or parent tract taken from the public records.

(B) Prior to performing the fieldwork, the professional land surveyor shall acquire sufficient data to ascertain the record title boundary of the parcel(s) to be surveyed (such as: adjoining deeds, maps, right-of-way plans, subdivision plats, original plats and notes, and subsequent surveys). This requirement does not obligate the professional land surveyor to search the entire chain of title.

(2) Field Investigation. The professional land surveyor or a person under his/her direct personal supervision shall— (A) Search thoroughly for monuments and accessories at the necessary controlling corners and any other physical evidence that may be required to define the location of the exterior corners of the parcel surveyed (such as: location of streets, roads, lines of occupation, and parol information);

(B) Obtain appropriate and sufficiently redundant measurements to correlate all found evidence;

(C) Evaluate the reliability of the evidence and monuments found and apply the proper theory of location in accordance with surveying precedent; and (D) Reach a conclusion on the location of the boundary and set monuments as defined herein.

(3) Monumentation.

(A) The professional land surveyor shall establish semi-permanent or confirm existing monuments at every exterior corner of the tract being surveyed, except for lines running along streams or lakes where witness monuments must be set along the connected sidelines. When it is impractical to set a monument at a required corner, a witness monument shall be set along a line of the survey or the prolongation thereof.

(B) Existing monuments shall be evaluated for permanency by the professional land surveyor. Those needing restoration, preservation, or replacement shall receive the due care necessary to ensure that their permanency is secured in accordance with the requirements set forth herein.

(C) Additional Monumentation for Subdivision Surveys.

1. In addition to meeting the requirements set forth above, the professional land surveyor shall, prior to the recording of the subdivision plat, establish at least two (2) permanent monuments for every four (4) acres of land developed by the subdivision. In cases where the lots of the subdivision are two (2) acres or larger, permanent monuments will be established so each tract has at least one (1) permanent monument. This requirement is waived if the survey does not create more than four (4) lots or parcels.

2. The permanent monuments required in paragraph (3)

(C)1. shall be set prior to the recording of the plat or if likely to be destroyed by construction, may be installed upon completion of the construction and must be set no later than twelve (12) months after the recording of the plat. The professional land surveyor shall also monument all lot corners in the subdivision with semi-permanent or witness monuments within the same twelve- (12-) month period.

3. When the subdivision is a cemetery, the requirements of paragraph (3)(C)1. for installation of permanent monuments shall be increased to include four (4) permanent monuments per block and the monumentation of all lot corners required in paragraph (3)(C)2. shall not be required.

(D) Condominium surveys shall meet the requirements for subdivisions.

(4) Publication of Results: A plat shall be made showing the results of the survey or subdivision and shall conform to all of the following provisions:

(A) The plat shall include a drawing that shall be made to a convenient scale on a reasonably permanent and dimensionally stable material;

(B) The plat shall include the name of the person or entity for whom the survey was made and the date of the survey;

(C) Lettering shall be no less than eight-hundredths of an inch (0.08") in height. All characters shall be open, wellrounded, and of uniform width;

(D) The direction of boundary lines shall be shown by angles, azimuths, or bearings with the directional reference system clearly described on the plat;

(E) A north arrow, a written scale, and a graphic scale shall be shown on every sheet containing graphic survey data;

(F) Complete dimensions (distances, directions, and curve data) of all parcels surveyed or created. All linear measurements shall be shown as horizontal distances at the ground surface in feet or meters. Curved lines shall show at least two (2) elements. For non-tangential curves, a directional component shall be included to help define the direction of the curve (preferably the chord bearing);

(G) All vertical measurements shall be shown as elevations above an established or assumed datum in feet or meters.

When elevations are shown, a clearly defined elevation datum shall be shown, including the location and elevation of the benchmark used to establish the project datum;

(H) Measurements and calculated areas will be shown on the plat to a number of significant figures representative of the actual precision of the measurements;

(I) The plat shall display either a property description for the parcel(s) and/or parent tract surveyed or a reference to the source document from which the property description was taken. Any new parcel created by survey shall have its property description shown on the plat and must be complete enough so that the parcel can be located and clearly identified.

Subdivision plats shall identify all lots for sale by numbers, as set forth in section 445.010, RSMo;

(J) The plat shall show sufficient data (distances and directions) to positively locate the parcel surveyed within the United States Public Land Survey System (USPLSS), or within the recorded subdivision. If the survey cannot be located by either of the previously mentioned provisions, it must be referenced to other lines and points sufficiently established by record;

(K) All controlling corner monuments that were found and exterior corners that were found or set shall be identified on the plat;

(L) Any material variation between record and measured dimensions; and any material variation and the extent of such variation between surveyed lines and lines of possession at all exterior corners shall be shown on the plat. Material variation will include, but is not limited to, survey monuments, fences, obvious occupation (i.e., mowed) lines, walls, or other structures whether on the property surveyed or on adjacent property;

(M) The plat shall reference the source document(s) for any pertinent data obtained during the records research provision set forth above. The plat shall also reference the property type (Urban or Rural);

(N) The identity of the record title documents for adjoining properties, consistent with the records research provision set forth above, shall be shown on the plat, including their record source;

(O) In addition to the above, all condominium surveys shall show the pertinent information required in section 448.2-109, RSMo, and the legally sufficient descriptions of easements serving or burdening the condominium; and (P) The plat shall include a statement that the survey and or subdivision were executed in accordance with the Missouri Standards for Property Boundary Surveys as set forth herein.

The statement on a condominium plat shall also include a declaration that the plat contains all information required by

section 448.2-109, RSMo.

(5) Deliverables. The professional land surveyor shall furnish to the client a plat containing the drawing and other pertinent information identified above. Each sheet of the plat shall bear the signature and seal of the professional land surveyor in responsible charge. This signed and sealed plat shall be the official plat and shall take precedence over any other formatted data that may be delivered to the client or his/her representatives, successors, or assigns. 2016.* Material in this rule was originally covered in 10 CSR 30-2.030. Original rule filed Dec. 1, 2016, effective June 30, 2017.

Amended: Filed Jan. 13, 2022, effective July 30, 2022.

2 CSR 90-60.040 Accuracy Standards for Property Boundary Surveys {#sec-2-csr-90-60.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.040}

PURPOSE: This rule sets forth the accuracy standards for all property boundary surveys.

(1) The professional land surveyor shall make an effort to detect and remove systematic errors.

(2) Precision Requirements for Urban Property.

(A) The uncertainty due to random errors of any dimension of direction or distance shown on the plat shall not exceed fifty parts per million (50ppm) or one tenth of a foot (0.10') for distances less than two thousand feet (2,000') at the sixty-eight percent (68%) confidence level (one (1) sigma); and (B) The positional uncertainty of any coordinates shown on the plat relative to the control that is held fixed, shall not exceed fifty parts per million (50ppm) or one tenth of a foot (0.10') for distances less than two thousand feet (2,000') at the sixty-eight percent (68%) confidence level (one (1) sigma).

(3) Precision Requirements for Rural Property.

(A) The uncertainty due to random errors of any dimension of direction or distance shown on the plat shall not exceed one hundred parts per million (100ppm) or one tenth of a foot (0.10') for distances less than one thousand feet (1,000') at the sixty-eight percent (68%) confidence level (one (1) sigma); and (B) The positional uncertainty of any coordinates shown on the plat relative to the control that is held fixed, shall not exceed one hundred parts per million (100ppm) or one tenth of a foot (0.10') for distances less than one thousand feet (1,000') at the sixty-eight percent (68%) confidence level (one (1) sigma). 2.040. Original rule filed Dec. 1, 2016, effective June 30, 2017.

2 CSR 90-60.050 Use of Missouri State Plane Coordinate System {#sec-2-csr-90-60.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.050}

PURPOSE: This rule sets forth the requirements for referencing land boundary corners to the Missouri State Plane Coordinate System.

(1) When the professional land surveyor is specifically requested or required to reference land boundary corners to the Missouri State Plane Coordinate System, the professional land surveyor shall comply with the following requirements:

(A) The position of the corner shall be based upon a geodetic control station having a horizontal accuracy of second order (as defined in 20 CSR 2030-18.020) or higher order;

(B) The survey connecting the corner to the geodetic control station shall meet the accuracy standards for property boundary surveys set forth in this chapter; and (C) The plat or other publication of results shall identify the geodetic control station(s) that were used to determine the position of the corner(s), along with a list of the coordinates of those control station(s); the appropriate adjustment date or realization designation and Datum/Terrestrial Reference Frame, along with the epoch date when applicable. Epoch date refers to Reference Epoch Coordinates (RECs). Coordinates estimated by National Geodetic Survey (NGS) for one of the official reference epochs NGS will define (every five (5) or ten (10) years, as currently planned). As these coordinates are computed by NGS they are considered part of the National Spatial Reference System (NSRS); a brief statement of the method used to obtain those positions; and the grid factor used (if applicable).

section 60.510(7), RSMo Supp. 2024.* Material in this rule was originally covered in 10 CSR 30-2.050. Original rule filed Dec. 1, 2016, effective June 30, 2017. Amended: Filed Jan. 8, 2025, effective Aug. 30, 2025. *Original authority: 60.510, RSMo 1969, amended 2012, 2013, 2023; 60.550, RSMo 1969, amended 2013; and 448.2-109, RSMo 1983, amended 1988.

History

• AUTHORITY: sections 60.550 and 448.2-109, RSMo 2016, and

2 CSR 90-60.060 Approved Monumentation {#sec-2-csr-90-60.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.060}

PURPOSE: This rule prescribes the approved type of monumentation to be used on property boundary surveys.

(1) The professional land surveyor shall select a type of monument providing a degree of permanency consistent with that of the adjacent terrain and physical features and as required by these standards. All monuments shall be solid and free from movement. They shall be set in the ground at least to the depth of the length given unless they are encased in concrete. With the exception of drill holes and cut crosses, the (7/31/25) Denny Hoskins AND CONSUMER PROTECTION 2 CSR 90-60—DEPARTMENT OF AGRICULTURE precise position of the corner shall be marked by a point on a cap and the cap shall be inscribed with the licensure number of the professional land surveyor in responsible charge or the corporate licensure number or name of the company.

(2) Permanent monuments shall be selected from the following:

(A) Concrete monuments consisting of reinforced concrete at least four inches (4") square or in diameter and no less than twenty-four inches (24") in length with its precise position marked by a point on a brass or aluminum cap not less than one and one-half inch (1 1/2") in diameter;

(B) Commercial cast iron or aluminum survey markers no less than twenty-four inches (24") in length. Nonferrous markers shall have ceramic magnets attached to aid in recovery;

(C) Steel, coated steel, or aluminum rod markers not less than five-eighths inch (5/8") in diameter, iron pipe markers not less than three-quarter inch (3/4") inside diameter and not less than twenty-four inches (24") in length. These monuments shall have a permanently attached cap of the same metal or of a dissimilar metal if the metals are insulated with a plastic insert to reduce corrosion. Nonferrous rod markers shall have ceramic magnets attached to aid in recovery; and (D) Brass or aluminum disks not less than two inches (2") in diameter, countersunk and well-cemented in a drill hole in either solid rock or concrete. Ceramic magnets shall be attached or installed with the disk to aid in recovery.

(3) Semi-permanent monuments shall be selected from the following:

(A) Iron pipe markers not less than three-fourths inch (3/4") outside one half inch (½") inside diameter, at least eighteen inches (18") in length, and having a plastic or metal cap;

(B) Steel or aluminum rod markers not less than one-half inch (1/2") in diameter, and not less than eighteen inches (18") in length, and having a plastic or aluminum cap;

(C) A cross-cut or drill hole in concrete, brick, stone paving, or bedrock at the precise position of the corner or on a prolongation of a boundary line; and (D) In asphalt paving, cotton picker spindles, railroad spikes (center punched or chiseled cross), semi-permanent half-inch (½") rebar, and magnetic spikes (minimum of 8" in length) that are solid and not easily removed or destroyed. 2.060. Original rule filed Dec. 1, 2016, effective June 30, 2017.

2 CSR 90-60.070 Location of Improvements and Easements {#sec-2-csr-90-60.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-60.070}

PURPOSE: This rule sets forth how and what improvements and easements are to be located and shown on a property boundary survey.

(1) When the professional land surveyor is specifically requested by the client to locate the improvements on the property surveyed, the professional land surveyor shall locate, by measurement, all permanent structures having fixed foundation, slabs, or footings and shall reference them to the property boundary on the plat with a minimum of three (3) dimensions.

Dimensions shall be parallel, perpendicular, or radial to the property lines.

(2) When the professional land surveyor is specifically requested by the client to show easements on a property boundary survey, he/she shall show by graphic representation all easements appearing on the recorded subdivision plat and all easements provided to the professional land surveyor by the client. If the professional land surveyor is specifically requested by the client to locate any easements on the ground, he/she will do so in accordance with the standards defined herein. 2.110. Original rule filed Dec. 1, 2016, effective June 30, 2017.

Chapter 61 United States Public Land Survey Corners

2 CSR 90-61.010 Definitions {#sec-2-csr-90-61.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-61.010}

PURPOSE: This rule defines the various technical and legal terms used in Chapter 61.

(1) Alteration of a corner—Changing the physical monumentation of a corner or adding witness accessories.

(2) Corners of the United States Public Land Survey—Those points that determine the boundaries of the various subdivisions represented on the official plat such as the township corner, the section corner, the quarter section corner, blank quarter

section corners, fractional section corner, center of section, grant corner, lot corner, and meander corner.

(3) Date of the field work—Is the date on which the monument was physically altered or removed and referenced.

(4) Existent corner—A corner whose position can be identified by verifying the evidence of the original monument or its accessories, or by some physical evidence described in the field notes, or located by an acceptable supplemental survey record or some physical evidence thereof, or by testimony. The physical evidence of a corner may have been entirely obliterated, but the corner will be considered existent if its position can be recovered through the testimony of one (1) or more witnesses who have a dependable knowledge of the original location. A legally reestablished corner shall have the same status as an existent corner.

(5) Lost corner—A corner whose position cannot be determined, beyond reasonable doubt, either from traces of the original marks or from acceptable evidence or testimony that bears upon the original position.

(6) Monument—The physical object which marks the corner point determined by the surveying process. The accessories, such as bearing trees, bearing objects, reference monuments, mounds of stone, and other similar objects that aid in identifying the corner position, are also considered a part of a corner monument.

(7) Reestablishment of a corner—The monumentation of a lost corner whose position has been determined by proportionate measurement.

(8) Reference monument—A monument set in such a manner and location that the position of the actual corner can be located from it by direction and distance or by two (2) distances when two (2) reference monuments are set.

(9) Removal of a corner—The complete elimination of an existing corner monument.

(10) Restoration of a corner—The alteration of an existent corner. originally filed as 10 CSR 30-3.010. Original rule filed Dec. 8, 1975, effective Dec. 18, 1975. Rescinded and readopted: Filed Feb. 10, 1982, effective May 13, 1982. Rescinded and readopted: Filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.010 and amended:

Filed Dec. 1, 2016, effective June 30, 2017. Amended: Filed Jan. 13, 2022, effective July 30, 2022.

2 CSR 90-61.020 Authorization for Removal or Alteration of {#sec-2-csr-90-61.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-61.020}

PURPOSE: This rule identifies who is authorized to alter or remove a corner of the United States Public Land Survey and how to obtain permission from the Department of Agriculture.

Only a professional land surveyor is authorized to remove, alter, restore, or reestablish a corner of the United States Public Land Survey. Any professional land surveyor who removes, alters, restores, or reestablishes a corner of the United States Public Land Survey shall report this action by filing an approved document with the Missouri Department of Agriculture, Land Survey Program within ninety (90) days from the date of the field work. The permission required by section 60.550, RSMo is granted upon filing the approved document with the Missouri Department of Agriculture Land Survey Program. originally filed as 10 CSR 30-3.020. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.020 and amended:

2 CSR 90-61.040 Procedure for Filing Documents {#sec-2-csr-90-61.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-61.040}

PURPOSE: This rule describes the procedure for filing certified land corner documents with the Department of Agriculture.

(1) Approved documents shall be filed with the Department of Agriculture, Weights, Measures and Consumer Protection Division, Land Survey Program, PO Box 937, Rolla, MO 65402- 0937. Documents filed with the county recorder must first be filed with the Department of Agriculture.

(2) Certified Land Corner Document and Resident Witness Affidavit forms may be obtained in a reasonable number from the Department of Agriculture, Weights, Measures and Consumer Protection Division, Land Survey Program, PO Box 937, Rolla, MO 65402-0937.

(3) There is no fee for filing these documents.

(4) Filing of corner documentation with the Department of Agriculture does not create an implied warranty by either the professional land surveyor or the Department of Agriculture as to conclusive evidence of the corner location. originally filed as 10 CSR 30-3.040. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.040 and amended:

(7/31/25) Denny Hoskins AND CONSUMER PROTECTION 2 CSR 90-61—DEPARTMENT OF AGRICULTURE

2 CSR 90-61.050 Monumentation {#sec-2-csr-90-61.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-61.050}

PURPOSE: This rule prescribes the type of monument to be installed to preserve the position of the United States Public Land Survey Corner.

(1) All corner monuments, witness monuments, and reference monuments shall be permanent monuments of a type providing a degree of permanency consistent with that of the adjacent terrain and physical features. Monuments shall meet the requirements for a permanent monument in accordance with the Missouri Standards for Property Boundary Surveys.

(2) In such cases where the placement of a required corner monument at its proper location is impractical, it shall be permissible to set a reference or witness monument or mark near that point, and if such reference monument or mark is set, its location shall be properly shown on the certified land corner document.

(3) All monuments shall be marked and designated in accordance with the Bureau of Land Management (BLM) system of marking monuments that furnishes ready identification of the position of the monument which bears the mark. Letters and numerals should be carefully stamped with three-sixteenths inch (3/16") or one-eighth inch (1/8") steel dies and should always be made to read from the south. Lines and crosses should be made with a sharp, cold chisel. The precise position shall be marked by a point, cross, or appropriate symbol on the monument.

(4) Where possible, four (4) reference ties (distance and direction) to durable objects will be made to provide the means for restoring the position of the marked corner if the monument is disturbed. Durable objects include, but are not restricted to: house corners, marks on concrete structures or pavement, marks on ledge or bedrock, trees, additional permanent monuments, fence posts, utility poles, and crosses on curbs. All durable objects and reference ties shall be fully described on the document.

(5) In some special cases where an existing monument is found and it is deemed appropriate to preserve the monument in its original location, a reference or witness monument may be installed nearby.

(6) At locations where a stone, iron pin, pipe, or other monument is to be replaced by a permanent monument, the existing monument will be removed and buried or placed alongside the permanent monument in such a manner that it will not be confused with the permanent monument. originally filed as 10 CSR 30-3.050. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.050 and amended:

2 CSR 90-61.070 Missouri State Plane Coordinate System {#sec-2-csr-90-61.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-61.070}

PURPOSE: This rule prescribes requirements for referencing corners of the United States Public Land Survey to the Missouri State Plane Coordinate System.

(1) When the corner that is removed, altered, restored, or reestablished is required to be referenced to the Missouri State Plane Coordinate System, the corner coordinates shall be shown on the Certified Land Corner Document form.

(A) Values for the Missouri State Plane Coordinate System may be expressed in feet and decimals of a foot or meters and decimals of a meter. When values are expressed in feet, the international foot shall be used as the standard foot for the Missouri State Plane Coordinate System. One (1) international foot equals 0.3048 meters exactly or one (1) inch equals 2.54 centimeters exactly as defined by the National Institute of Science and Technology (NIST).

(2) Coordinates referenced to the Missouri State Plane Coordinate System and shown on Certified Land Corner Document forms shall comply with the following requirements:

(A) The position of the corner shall be based upon a geodetic control station having a horizontal accuracy of second order (as defined in 2 CSR 90-62) or higher order;

(B) The survey connecting the corner to the geodetic control station shall meet the accuracy standards set forth in the Missouri Standards for Property Boundary Surveys; and (C) The following information shall be included on the Certified Land Corner Document form:

1. The geodetic control station(s) that were used to determine the position of the corner;

2. The coordinates of the geodetic control station(s) used and the appropriate Zone designation;

3. The appropriate adjustment date or realization designation and Datum/Terrestrial Reference Frame, along with the epoch date when applicable. Epoch date refers to Reference Epoch Coordinates (RECs). Coordinates estimated by National Geodetic Survey (NGS) for one (1) of the official reference epochs NGS will define (every five (5) or ten (10) years, as currently planned). As these coordinates are computed by NGS they are considered part of the National Spatial Reference System (NSRS);

4. A brief statement of the method used to obtain the position; and 5. The grid factor used, if applicable.

(3) Coordinates referenced to the Missouri State Plane Coordinate System may be used to reference corners in lieu of monuments. originally filed as 10 CSR 30-3.070. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.070 and amended:

Filed Dec. 1, 2016, effective June 30, 2017. Amended: Filed Jan. 8, 2025, effective Aug. 30, 2025.

2 CSR 90-61.080 Approved Documents {#sec-2-csr-90-61.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-61.080}

PURPOSE: This rule prescribes the form of the document to be filed with the Department of Agriculture.

(1) An approved document may be any one (1) of the following:

(A) Certified Land Corner Document form; or (B) Special form approved by the Department of Agriculture.

(2) Preparation of Certified Land Corner Document Forms. All information (except drawings) will be typed or completed in black ink. Lettering or typing shall not be less than eighthundredths inch (0.08") in height. Drawings may be made in black pencil so long as all drawings will make sharp and clear copies.

(A) The following information shall be included on all corner forms:

1. The description of the original monument, witness ties, and any subsequent restorations, including the date of the survey, the document reference (book and page and/or microfilm location), and the professional surveyor of record.

Original survey notes need not be given in urban or built-up areas;

2. Signature and seal of the professional land surveyor;

3. Date of the survey field work;

4. Basis of bearing system used;

5. Description of the monument, monument marking, and witness/reference ties;

6. Comprehensive sketch of the corner location sufficient to find the monument; and 7. Coordinates referenced to the Missouri State Plane Coordinate System, if known.

(B) The following additional information is required for forms showing the restoration or alteration of existing corner monuments:

1. Description of the evidence found indicating the corner is existent;

2. Resident witness affidavits, when the corner is restored from testimony; and 3. Distances and directions used to retrace prior evidence.

(C) The following additional information will be required for reestablished corners:

1. Statement of the method used to reestablish the corner; and 2. Distances and bearings used in the reestablishment procedure. originally filed as 10 CSR 30-3.080. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-61.080 and amended:

Filed Dec. 1, 2016, effective June 30, 2017. Amended: Filed Jan. 8, 2025, effective Aug. 30, 2025.

Chapter 62 First and Second Order Horizontal and Vertical Control

2 CSR 90-62.010 Definitions {#sec-2-csr-90-62.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-62.010}

PURPOSE: This rule defines technical terms used in Chapter 62.

(1) Positional accuracy of a station—The uncertainty in the position of the station relative to the stations that are held fixed (i.e., National Geodetic Survey (NGS) or other higher order stations) in the process of the adjustment. Positional accuracy of a station is computed from the constrained, correctly weighted, least squares adjustment at the ninety-five percent (95%) confidence level.

(2) Relative accuracy—The uncertainty in the position of one (1) station relative to another station. It is computed for all directly connected stations from the minimally constrained and the constrained correctly weighted, least squares adjustment at the ninety-five percent (95%) confidence level.

(3) Rural area—For purposes of this chapter, a rural area is any second, third, or fourth class county according to section 48.020, RSMo.

(4) Urban area—For purposes of this chapter, an urban area is any first class county according to section 48.020, RSMo. 4.010. Original rule filed March 1, 1978, effective July 15, 1978. Rescinded and readopted: Filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90-62.010 and amended: Filed Dec. 1, 2016, effective June 30, 2017.

2 CSR 90-62.020 Horizontal Control Classification {#sec-2-csr-90-62.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-62.020}

PURPOSE: This rule describes the classes of horizontal control.

(1) First Order Horizontal Control Classification. The purpose of this class of survey is to establish primary horizontal control for the Missouri Geographic Reference System or the National Spatial Reference System.

(2) Second Order Horizontal Control Classification. The purpose of this class of survey is to establish secondary and supplemental horizontal control stations of the Missouri Geographic Reference System or the National Spatial Reference System.

(3) Both first and second order stations are dependent stations constrained to the existing first and second order stations of the Missouri Geographic Reference System and/or the National Spatial Reference System. These stations are intended to be used to meet the needs of mapping, geographic information systems, land information systems, property boundary surveys, and design surveys. 4.020. Original rule filed May 3, 1994, effec- 62.020 and amended: Filed Dec. 1, 2016,

2 CSR 90-62.030 Accuracy of Horizontal Control {#sec-2-csr-90-62.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-62.030}

PURPOSE: This rule prescribes the acceptable accuracy of first and second order control.

(1) The accuracy of a horizontal control station is classified according to constrained and unconstrained, relative accuracy of the distance between stations, and the positional accuracy of the station relative to the stations held fixed in the adjustment. If the requirements for all three (3) criteria are not satisfied, the station shall fail to qualify for the classification.

(2) First Order Horizontal Control.

(A) The relative accuracy of the distance between directly connected adjacent stations shall be equal to or less than twelve millimeters (12 mm) for distances equal or less than one kilometer (1 km), and ten parts per million (10 ppm) for distances greater than one kilometer (1 km).

(B) The positional accuracy of a station shall be thirty millimeters (30 mm) in urban areas and sixty millimeters (60 mm) in rural areas.

(3) Second Order Horizontal Control.

(A) The relative accuracy of the distance between directly connected adjacent stations shall be equal to or less than twenty-five millimeters (25 mm) for distances equal to or less than one kilometer (1 km), and twenty parts per million (20 ppm) for distances greater than one kilometer (1 km).

(B) The positional accuracy of a station shall be sixty millimeters (60 mm) in urban areas and one hundred (100) mm in rural areas.

(4) To fully qualify as a first or second order control station, the station must be accepted and published by the Missouri Department of Agriculture or the National Geodetic Survey or its successor organization. 4.030. Original rule filed May 3, 1994, effec- 62.030 and amended: Filed Dec. 1, 2016,

2 CSR 90-62.040 Acceptance and Publication by Missouri Department of Agriculture {#sec-2-csr-90-62.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-62.040}

PURPOSE: This rule designates the procedures for determining which control will be a

part of the Missouri Geographic Reference System.

(1) The following information will be submitted for each control survey that is to be evaluated for inclusion into the Missouri Geographic Reference System (MO GRS) as a first or second order station.

(A) A sketch will be submitted showing all stations occupied during the control survey.

In addition to occupied stations, the sketch should show other existing horizontal or vertical stations located within or near the project area.

(B) A legend on the sketch should show the following information:

Project Name General Locality Name of organization performing observations Date of project start and completion (C) A north arrow and graphic scale should appear on the sketch. All station symbols should be labeled with the station name.

When stations are spaced too closely together to be clearly depicted on the network sketch, an inset shall be used.

(2) A report shall be submitted for each project and shall be signed and sealed by the professional land surveyor or professional engineer in responsible charge. The report shall be the main source of information for judging whether or not the stations should be accept ed as MO GRS stations. It shall be the responsibility of the professional land surveyor or professional engineer to supply sufficient information in the report to facilitate inclusion of the stations in the MO GRS.

(3) The report shall contain a clear description of the survey procedures and equipment used in the field. This includes, but is not limited to, the information entered into the field log and auxiliary information such as logistics, preanalysis, satellite selection results (if Global Positioning System (GPS) survey), personnel involved, and difficulties encountered.

(4) In the report there shall be a clear description of the procedures used in the office. This includes, but is not limited to, computer software and hardware used to process observations, options used (if any), data editing performed, source of orbital data (if GPS survey), parameters adjusted and held fixed, results of self-validation and any difficulties encountered.

(5) The following shall be included for GPS surveys. The version number and date of the GPS software used must be reported. For GPS surveys, the professional land surveyor or professional engineer must also specifically report the baselines rejected for the project. All parameters used for any coordinate transformations shall be presented and any scaling of the covariance matrix by the professional land surveyor or professional engineer must be described in detail. If the covariance matrix has been scaled, the scale factor used must also be presented. These results must be reported for all single base line and network solutions. Statistical testing of the survey results from the network solution, including analysis of variance factors, semi-major axis of two- (2-) dimensional (horizontal) or three- (3-) dimensional ninetyfive percent (95%) (horizontal and vertical) relative confidence regions between all directly connected pairs of stations, residuals and residual outliers shall be provided. In addition, the results of any self-validation checks must be reported including, but not limited to, comparisons of any repeated single base line solutions.

(6) For traverse surveys, all field data used to determine directions, distances, azimuths, and elevations, as well as the adjustment calculations, shall be submitted along with the name of the software used in the adjustment. The data submitted shall show the final results of the adjustment and the error analysis.

(7) Only those stations meeting the requirements of 2 CSR 90-62.030, 2 CSR 90- 62.040, 2 CSR 90-62.050, and 2 CSR 90- 62.060 will be accepted for publication in the MO GRS. 4.040. Original rule filed May 3, 1994, effec- 62.040 and amended: Filed Dec. 1, 2016,

2 CSR 90-62.050 GPS Survey Guidelines {#sec-2-csr-90-62.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-62.050}

PURPOSE: This rule prescribes the minimum procedures for first or second order Global Positioning System surveys.

(1) Direct connections must be made to any adjacent observable National Spatial Reference System (NSRS) and/or Missouri Geographic Reference System (MO GRS) station located five kilometers (5 km) or less from any new station.

(2) At least three (3) existing higher or equal order control points must be included in any proposed Global Positioning System (GPS) survey. Whenever possible these should be three (3) three- (3-) dimensional control stations. Otherwise two (2) sets of three (3) stations, (three (3) two- (2-) dimensional horizontal stations and three (3) vertical control stations) must be used. These control stations should be chosen to be roughly equidistant on the periphery of the proposed project so that they enclose as much of the project as possible.

(3) Each new station to be established by the proposed GPS survey must be occupied at least two (2) separate times to enable proper checking of blunders (for example, incorrect point, setup errors, incorrect antenna heights).

A separate occupation is one in which the antenna and its supporting device (tripod) have been taken down and set up again and the receiver restarted.

(4) Each station must be connected by simultaneous occupations (baselines) to at least three (3) other stations in the network after outlier baselines have been rejected from the adjustment. Because it is generally easier to resolve the integer phase ambiguities over shorter baseline, adjacent stations should be connected wherever possible.

(5) At least two (2) receivers must be used for relative positioning, although three (3) or more may be used for more efficient operation and increased station reoccupation and base line repeatability.

(6) A preanalysis should be performed to determine the minimum occupation time required to achieve the required standard of accuracy. In addition, the most appropriate satellites to observe at each site should also be selected for receivers unable to track all of the “visible” satellites. The preanalysis should be specific for carrier phase relative positioning.

(7) In order to meet second order accuracies, the carrier beat phase must be observed together with a time tag for each observation.

Pseudo-range observations are not precise enough for control surveys and cannot be used.

(8) A detailed field log must be kept during observation taken at each station. At the very least the following information must be recorded:

(A) Universal Time Coordinated (UTC) date of observations;

(B) Station identification (name and number);

(C) Session identification;

(D) Serial numbers of receiver, antenna, and data logger;

(E) Receiver operator;

(F) Antenna height and offset from monument, if any, to one millimeter (1 mm). Note should be made as to whether the height is measured as a slant height or vertical height;

(G) Diagram illustrating stamping on the monument;

(H) Other stations observed during session;

(I) Starting and ending time (UTC) of observations;

(J) Satellites observed (including time of changes); and (K) Completed field log data forms for each station occupation will be submitted either using those provided by the Missouri Department of Agriculture (MDA) or some other type containing all necessary information included on the MDA forms.

(9) The raw data files for all station occupations must be submitted. Each file will consist of one (1) set of raw observations for each station occupation session. For example, four (4) receivers operating during each of five (5) sessions will produce twenty (20) raw data files.

4CODE OF STATE REGULATIONS

(5/31/17) JOHNR. ASHCROFT

(10) The unadjusted baseline vector solution files for all observed baselines, non-trivial and trivial, will be submitted.

(11) If station description information is not provided by MDA, it must be submitted for each station occupied. Station descriptions must include station name, county, township, range, section, United States Geological Survey (USGS) seven and one-half- (7.5-) minute quadrangle name, date monumented, date of observations, complete descriptions of the station, azimuth, and all reference monuments, a current “to reach” description, and any special information such as property owner name, address, and phone number. A sketch depicting the station and reference marks with dimensions and directions shown should accompany all narrative data.

Examples of complete station description information may be obtained from MDA.

(12) If the GPS survey project includes any surveys using conventional or terrestrial horizontal surveying techniques, copies of all field notes, and associated data must be submitted. This would include eccentric point establishment and reduction. Polaris, solar, or direct observational data to establish azimuth marks shall also be submitted.

(13) When the GPS survey project includes surveys performed using conventional differential leveling techniques, copies of all field notes, and associated data must be submitted.

An example of this would be a vertical tie from a nonoccupied bench mark to a GPS station.

(14) A tabulation of the results of the repeat base line comparisons will be included in the project report.

(15) A minimally constrained (free) least squares, three- (3-) dimensional adjustment will be submitted in the form of the input and output files. 4.050. Original rule filed May 3, 1994, effec- 62.050 and amended: Filed Dec. 1, 2016,

2 CSR 90-62.060 Traverse Survey Guidelines {#sec-2-csr-90-62.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-62.060}

PURPOSE: This rule prescribes the minimum procedures for first or second order traverse surveys.

(1) First Order Traverse Procedure.

(A) The location of first order traverse lines and monumented stations shall be determined by a thorough field reconnaissance.

The traverse point spacing shall not be less than six hundred meters (600m).

(B) All first order traverse lines shall start from, and close upon, first order stations or higher order stations of the Missouri Geographic Reference System (MO GRS) or National Spatial Reference System (NSRS) in accordance with these procedures.

(C) Properly maintained theodolites with a least count of one second (1") or a DIN 18723 specification of one and one-half seconds (1.5") or smaller shall be used to observe directions and azimuths. At least four (4) positions or repetitions of the angles shall be observed. The theodolite and targets should be centered to within two millimeters (2 mm) over the survey station or traverse point.

(D) Electronic distance measuring (EDM) instruments shall be used to measure all distances. EDM instruments shall be tested on an MDA baseline at the start of and on the completion of any first order traverse. Copies of the EDM baseline comparisons shall be included in the survey report submitted to the department. Barometric pressure to the nearest five millimeters (5 mm) of mercury and temperature to the nearest one degree Celsius (1°C) shall be recorded for each measurement.

(E) Each traverse shall be tied to a minimum of two (2) bench marks. Trigonometric or spirit leveling will be observed along all traverse lines. All Instrumental Heights (HI), Reflector Height (HO), and zenith angles shall be recorded and submitted.

(F) The traverse shall be controlled by an astronomic azimuth at each end of the traverse line and at not more than every six (6) segments along the line. Astronomic azimuths shall have a standard deviation of one and onehalf seconds (1.5") or less.

(G) All field data shall be submitted to Missouri Department of Agriculture (MDA) in a format acceptable to the department.

This shall include directions, distances, azimuth, and elevations.

(2) Second Order Traverse Procedure.

(A) The location of second order traverse lines and monumented stations shall be determined by a thorough field reconnaissance.

The traverse point spacing shall not be less than three hundred meters (300m).

(B) All second order traverse lines shall start from and close upon second order or higher order stations of the MO GRS or NSRS in accordance with these procedures.

(C) Properly maintained theodolites with a least count of one second (1") or DIN 18723 specification of one and one-half seconds (1.5") or smaller shall be used to observe directions and azimuths. At least four (4) positions or repetitions of the angles shall be observed. The theodolite and targets should be centered to within two millimeters (2 mm) over the survey station or traverse point.

(D) Electronic distance measuring (EDM) instruments shall be used to measure all distances. EDM instruments shall be tested on an MDA baseline at the start of and on the completion of any second order traverse.

Copies of the EDM baseline comparisons shall be included in the survey report submitted to the department. Barometric pressure to the nearest five millimeters (5 mm) of mercury and temperature to the nearest one degree Celsius (1°C) shall be recorded for each measurement.

(E) Each traverse shall be tied to a minimum of (two) 2 bench marks. Trigonometric or spirit leveling will be observed along all traverse lines. All HI, HO, and zenith angles shall be recorded and submitted.

(F) The traverse shall be controlled by an astronomic azimuth at each end of the traverse line and at not more than every eight (8) segments along the line. Astronomic azimuth shall have a standard deviation of two seconds (2") or less.

(G) All field data shall be submitted to the MDA in a format acceptable to the department. This shall include directions, distances, azimuth, and elevations. 4.060. Original rule filed May 3, 1994, effec- 62.060 and amended: Filed Dec. 1, 2016,

Chapter 63 Standards for Surveyor's Real Property Report

2 CSR 90-63.010 Surveyor’s Real Property Report {#sec-2-csr-90-63.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-63.010}

PURPOSE: This rule provides a uniform standard for a type of report used by the real estate industry to verify the location of improvements and to check for encroachments onto or from the subject property. This type of work has been referred to as spot survey house on lot survey and mortgage inspection report.

(1) A licensed professional land surveyor in Missouri shall not provide to any party a Surveyor’s Real Property Report unless they are in the possession of a work order specified elsewhere in this chapter and signed by the borrower/purchaser indicating that they have been advised of the different types of surveying services available and the scope of each of these services. The required work order is to be initiated and signed during the loan application process. The Surveyor’s Real Property Report is to be used only for residential, single-family detached dwellings; duplexes; triplexes; and fourplexes with not more than one (1) dwelling structure per previously surveyed and recorded parcel or tract. The Surveyor’s Real Property Report is not to be used for commercial, institutional, industrial buildings, or multifamily dwellings which share a common entranceway or stairwell.

(2) Research and Records—The professional land surveyor shall perform adequate research, maintain sufficient recorded documentation, and provide the field crew with information necessary to locate the property in the field.

(3) Field Procedures—Detailed notes shall be taken on each Surveyor’s Real Property Report and kept as a part of the professional land surveyor’s permanent records. A diligent search for existing control shall be made by the field crew and the highest order of monumentation available shall be used.

Monumentation is defined as permanent and semi-permanent monuments described in the Missouri Standards for Property Boundary Surveys and other survey control, such as stones, axles, rebars, crosses, and pipes.

Occupation lines, such as fence lines, hedge rows, and mowing lines, are not considered monumentation unless supported by survey control. The professional land surveyor must obtain sufficient evidence relating to the property boundary to demonstrate general knowledge of the given area. Appropriate field instrumentation and measuring equipment needed to achieve the stated level of certainty shall be utilized. The norm would include Electronic Distance Measuring (EDM), theodolite, transits, and measuring tapes.

(4) Form of Report—The report is a drawing of the parcel and it shall be furnished to the borrower/purchaser and shall show the following:

(A) Property lines with the boundary dimensions from the deed description or subdivision plat shall be shown;

(B) The monumentation accepted or adopted to locate and orientate the parcel, shall be shown or noted on the report;

(C) Permanent structures having fixed foundations or footings such as buildings and in-ground swimming pools, shall be located and dimensioned. Permanent structures shall be shown with a minimum of three (3) dimensions sufficient to locate the structure in relation to the property lines. Dimension offsets shall be shown perpendicular to straight property lines and radially to curved property lines. The level of uncertainty of these locations shall be shown in parentheses after each dimension or by means of a general note.

Two (2) of the many possible examples are: 12.5' (or ± 0.5') or 21' (or ± 1'). The uncertainty of all dimensions of permanent structures shall not be greater than one-tenth of a foot (0.1'). Walks and drives shall be shown graphically but need not be dimensioned. When the uncertainty of the dimensions to permanent structures is not precise enough for a positive determination, a property boundary survey shall be recommended to the borrower/purchaser and this recommendation shall be stated on the report;

(D) Means of access and platted setback lines shall be shown;

(E) Easements shown on the subdivision plat shall be shown. If documentation of other easements is provided to the professional land surveyor, they shall be shown together with their source;

(F) The posted address shall be shown, if not posted, so state;

(G) A north arrow and graphic scale shall be shown;

(H) Apparent encroachments shall be noted and shown in an obvious manner.

When the uncertainty of dimensions to possible encroachments are not precise enough for a positive determination, a property boundary survey shall be recommended to the borrower/purchaser and shall be stated on the report;

(I) The sheet size for the report shall not be less than eight and one-half inches by eleven inches (8 1/2" x 11"). Lettering size on the report shall not be smaller than eight-hundredths of an inch (0.08") in height;

(J) The following caption shall appear prominently on the drawing with minimum letter size of seventeen-hundredths of an inch (0.17"): Surveyor’s Real Property Report; and (K) If the certification and the drawing are on two (2) separate pieces of paper, it shall be so indicated. (For example: page 1 of 2, page 2 of 2).

(5) Certification—A Surveyor’s Real Property Report shall not contain the word survey in any part of the report except as required in this standard, and must contain the following:

(A) The name, address, and telephone number of the professional land surveyor responsible for the report and the name of the party who ordered the work;

(B) A statement that the report was either conducted by the professional land surveyor or under his/her immediate personal supervision, the date the report was made, and the real property description or the public record reference of the property shown in the report;

(C) A statement that the accompanying drawing is a representation of the conditions that were found at the time of the inspection and that the report does not constitute a property boundary survey and is subject to any inaccuracies that a subsequent property boundary survey may disclose. It shall state the fact that no property corners were set, and that the information shown on the drawing should not be used to construct any fence, structure, or other improvements. If the property dimensions are based upon unverified recorded or deed information, this shall be so stated. Include notification that the professional land surveyor is not extending a warranty to the present or future owners or occupants; and (D) The professional land surveyor shall sign, seal, and date the report.

Filed Jan. 13, 2022, effective July 30, 2022. *Original authority: 60.510, RSMo 1969, amended 2012, 2013.

History

• AUTHORITY: section 60.510(7), RSMo 2016. This rule originally filed as 10 CSR 30-5.011. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90- 63.010, effective Aug. 28, 2013. Amended:

2 CSR 90-63.020 Required Work Order Form {#sec-2-csr-90-63.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-63.020}

PURPOSE: This rule states the information given below must be contained in the Work Order form. The professional land surveyor may want to include other data in the form.

(6/30/22) JOHN R. ASHCROFT

WORK ORDER

Please read carefully and indicate the type of service you wish to order. . . . Surveyor's Real Property Report: It is a location of improvements and cursory check for encroachments onto or from the subject property based on existing but not confirmed evidence. This does not constitute a boundary survey and is subject to any inaccuracies that a subsequent boundary survey may disclose. No property corners will be set and it should not be used or relied upon for the establishment of any fence, structure or other improvement. No warranty of any kind is extended therein to the present or future owner or occupant. . . . Property Boundary Survey with Location of Improvement: A boundary survey of the subject property will be made and the property corners will be located and verified or reset. The improvements on the property will be located and encroachments onto or from the subject property will be determined. This survey can be used by the property owner for the construction of a fence or other improvements. The survey will meet “Missouri Standards for Property Boundary Surveys.'' . . . ALTA/NSPS (American Land Title Association/National Society of Professional Surveyors) Land Title Survey: This is the most comprehensive type of survey and improvement location. It covers all the aspects of the boundary survey and improvement location and identification for any additional evidence of possession or use which could be adverse to the interests of the purchaser. This type of survey is normally only performed on commercial property because of the expense involved.

I (We), the undersigned, have read, understand and have indicated the type of service desired and have authorized the work to be performed and agree to be responsible for the bill for this survey.

Borrower/Purchaser _______________________________________ Date __________________________ Lender _________________________________________________________________________________ Ordered by _____________________________________________________________________________ Common address ________________________________________________________________________ Legal description ________________________________________________________________________ _______________________________________________________________________________________ Signature ____________________________________________________________________________ ”

Filed Jan. 13, 2022, effective July 30, 2022. *Original authority: 60.510, RSMo 1969, amended 2012, 2013.

History

• AUTHORITY: section 60.510(7), RSMo 2016. This rule originally filed as 10 CSR 30-5.020. Original rule filed May 3, 1994, effective Dec. 30, 1994. Moved to 2 CSR 90- 63.020, effective Aug. 28, 2013. Amended:

Chapter 64 Mapping Survey Standards

2 CSR 90-64.010 Definitions {#sec-2-csr-90-64.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-64.010}

PURPOSE: This rule defines the terms used in this chapter.

(1) A map is a graphic representation of the physical features (natural, artificial, or both) of a part of the whole of the earth’s surface, by means of signs and symbols or photographic imagery, at an established scale, on a specified projection, and with the means of orientation indicated. A map may be in various forms such as printed maps, subdivision of land in the form of plats, or in graphic presentations on a computer screen such as in a Geographic Information System (GIS) or in a Land Information System (LIS).

(2) Horizontal map accuracy is defined as the root mean square (rms) error in terms of the project’s planimetric survey coordinates (X,Y) for checked points as determined at full (ground) scale of the map. The rms error is the cumulative result of all errors including those introduced by the processes of ground control surveys, map compilation, and final extraction of ground dimensions from the map.

(3) Vertical map accuracy is defined as the rms error in elevation in terms of the project’s elevation datum for well-defined points only.

(4) The rms error is defined to be the square root of the average of the squared discrepancies. In this case, the discrepancies are the differences in coordinate or elevation values as derived from the map and as determined by an independent survey of higher accuracy (check survey). Well-defined points are those that are easily visible and recoverable on the ground, such as: monuments or markers, bench marks, property boundary monuments; intersections of roads, railroads, etc.; corners of large buildings or structures (or center points of small buildings) etc.; In general what is well defined will also be determined by what is plottable on the scale of the map within one one-hundredth inch (1/100").

Thus while the intersection of two (2) road or property lines meeting at right angles would come within a sensible interpretation, identification of the intersection of such lines meeting at an acute angle would obviously not be practicable within one one-hundredth inch (1/100"). Similarly, features not identifiable upon the ground within close limits are not to be considered as test points within the limits quoted, even though their positions may be scaled closely upon the map. In this class would come timber lines, soil boundaries, etc. 30-6.010. Original rule filed May 3, 1994, 64.010, effective Aug. 28, 2013. Amended:

Filed Jan. 13, 2022, effective July 30, 2022.

2 CSR 90-64.020 Map Accuracy Standards {#sec-2-csr-90-64.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-64.020}

PURPOSE: This rule prescribes minimum acceptable mapping standards.

(1) Horizontal Accuracy.

(A) Class I. The root mean square (rms) error of a map product shall be less than 0.01 of one inch (1") on the map or in the case of a metric map, 0.025 of one centimeter (1 cm) on the map.

EXAMPLE (Customary Units)

Limiting rms ScaleValue in Feet 1"= 20' 0.2' 1"= 50' 0.5’ 1"= 100' 1.0' 1"= 200' 2.0' 1"= 400' 4.0' 1"=1000'10.0' 1"=2000'20.0'

EXAMPLE (SI Units)

Limiting rms ScaleValue in Meters 1 cm= 5m0.125 1 cm= 10m0.250 1 cm=100m2.50 1 cm=200m5.00 (B) Class II. The rms shall be twice that required for Class I.

(C) Class III. The rms shall be three (3) times that required for Class I.

(2) Vertical Accuracy.

(A) Class I. For Class I maps rms error in elevation shall be less than one-third (1/3) of the indicated contour interval for welldefined points only, and one-sixth (1/6) of the contour interval for spot heights.

(B) Class II. The rms error may be twice that required for Class I.

(C) Class III. The rms error may be three (3) times that required for Class I.

(3) Mixed Accuracy. A map may be compiled that complies with one (1) class of accuracy in elevation and another in planimetry. 30-6.020. Original rule filed May 3, 1994, 64.020, effective Aug. 28, 2013.

2 CSR 90-64.030 Certification of the Map {#sec-2-csr-90-64.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-64.030}

PURPOSE: This rule prescribes the statement made by the surveyor of the map.

(1) Maps meeting the requirements of this standard shall note this fact on their legends with the statement that “This map complies with the Missouri Map Accuracy Standard.”

The class of accuracy shall also be noted.

(2) When a map is a considerable enlargement of a completed map, that fact shall be stated in the legend. The scale of the original map shall also be noted. 30-6.030. Original rule filed May 3, 1994, 64.030, effective Aug. 28, 2013.

Chapter 65 Cadastral Mapping Survey Standards

2 CSR 90-65.050 Digital Cadastral Parcel Mapping Requirements Pertaining to the {#sec-2-csr-90-65.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.050}

2 CSR 90-65.060 Digital Cadastral Parcel Mapping Requirements Pertaining to Land Protection {#sec-2-csr-90-65.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.060}

2 CSR 90-65.010 Application of Standards {#sec-2-csr-90-65.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.010}

PURPOSE: These minimum standards provide the digital mapper and recipient of digital cadastral parcel mapping products, a realistic guideline for the product delivered. This rule describes the digital cadastral mapping system components to which these minimum standards apply. Pursuant to HB28 the Land Survey Program was moved from Department of Natural Resources to Department of Agriculture in August 2013.

The minimum standards in this chapter apply to digital cadastral mapping as it relates to the location of the United States Public Land Survey System. Any map designed and used to reflect legal property descriptions or boundaries for use in a digital cadastral mapping system shall comply with these rules unless otherwise specified in writing. It is not the intention that these minimum standards address the particular requirements of assessment mapping included in the rulemaking authority of the Missouri State Tax Commission. The intention is to work in conjunction with commission authority.

History

• AUTHORITY: section 60.670, RSMo 2016. Original rule filed Dec. 1, 2016, effective June 30, 2017.

2 CSR 90-65.020 Organization and Description {#sec-2-csr-90-65.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.020}

PURPOSE: This rule describes the scope, mission, and goals of the Cadastral Mapping Survey Standards.

(1) Scope—This standard describes digital cadastral mapping system components, content, design, and creation.

(2) Mission—To provide a standard for the definition and structure of digital cadastral data in order to facilitate data compatibility, and to protect and enhance the investments in digital cadastral data at all levels of government and the private sector.

(3) Goals— (A) To provide common definitions for cadastral information found in public records, used to create the digital cadastre;

(B) To resolve discrepancies related to the use of homonyms and synonyms in land record systems, to minimize duplication within and among those systems;

(C) To provide guidance and direction for land records, mapping, and land surveying professionals on standardized attribute values and definitions, to improve land records creation, management; and (D) To use participatory involvement in the standard development to reach out to organizations to encourage broadly based application of the standard.

History

• AUTHORITY: section 60.670, RSMo 2016. Original rule filed Dec. 1, 2016, effective June 30, 2017.

2 CSR 90-65.030 Definitions {#sec-2-csr-90-65.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.030}

PURPOSE: This rule defines the terms as used in this standard.

(1) Cadastral Data—Source information used to delineate the geographic extent, quantity, and dimensions of cadastral parcels. Source information includes the United States Public Land Survey System (PLSS), subdivision plats, land surveys, real estate conveyances, right-of-way plans, etc.

(2) Cadastral Parcel Mapping—The delineated identification of all real property parcels. The cadastral map is based upon the United States Public Land Survey System (PLSS). For cadastral parcel maps the position of the legal framework is derived from the PLSS, existing tax maps, and tax database property descriptions, recorded deeds, recorded surveys, and recorded subdivision plats.

(3) Digital Cadastral Parcel Mapping—Encompasses the concepts of automated mapping, graphic display and output, data analysis, and database management as pertains to cadastral parcel mapping. Digital cadastral parcel mapping systems consist of hardware, software, data, people, organizations, and institutional arrangements for collecting, storing, analyzing, and disseminating information about the location and areas of parcels and the United States Public Land Survey System.

(4) Digital Section Vertices—The points on a digital cadastral map that define the PLSS lines and corners.

(5) Metadata—Information that describes specific details about a dataset. Metadata for geographic information may include the source of the data, its creation date and format, its projection scale, resolution, and accuracy.

(6) Metes and Bounds—Describe the limits of a land parcel by reference to courses and distances around a tract and by reference to natural and artificial monuments of record.

(7) Missouri State Plane Coordinate System—The system of plane coordinates that have been established by the National Oceanic Survey/National Geodetic Survey, or its successors, for defining and stating the geodetic positions or locations of points on the surface of the earth within the state of Missouri as defined in sections 60.401 through 60.491, RSMo.

(8) Parcel—A single unit of real property which can be described by location and boundaries and for which there is a history of defined, legally recognized interests. Parcel boundaries are usually described in a conveyance document by aliquot part, metes and bounds, or by lot number in a recorded subdivision.

(9) Point—A vector map feature having no length and no area, but is simply defined by a coordinate location.

(10) Polygon—A vector map feature represented by a closed geometric figure.

(11) Polyline—A vector map feature formed by connecting two (2) points and having no area.

(12) Tax Map—A document or map for taxation purposes showing the location, quantity, dimensions, and other relevant information pertaining to a parcel of land subject to ad valorem taxes, commonly known as property taxes.

(7/31/25) Denny Hoskins AND CONSUMER PROTECTION 2 CSR 90-65—DEPARTMENT OF AGRICULTURE (13) Topology—The spatial relationships between connecting, or adjacent, geographic features. Topological relationships are for spatial modeling operations that do not require coordinate information.

(14) United States Public Land Survey System (PLSS)—The rectangular survey system created by the United States Government founded on a principal meridian and base line and forming townships approximately six (6) miles north and south by six (6) miles east and west, which are subdivided into thirty-six (36) sections approximately one (1) mile square. The system, established by surveys executed under the direction of the General Land Office (GLO), and evidenced by township plats, field notes, and other available documentation. This system includes nonconforming private claims and other surveys as may have been performed under the direction of the General Land Office. The Fifth Principal Meridian is the basis of the Missouri PLSS.

2 CSR 90-65.040 Coordinate System for Digital Cadastral Parcel Mapping Specified {#sec-2-csr-90-65.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.040}

PURPOSE: This rule specifies the coordinate system utilized for digital cadastral parcel mapping in Missouri.

(1) The Missouri State Plane Coordinate System shall be the coordinate system used for digital cadastral parcel mapping in Missouri.

(2) To convert metric mapping coordinates, if desired, to International Feet, use the conversion of 1 meter equals 3.280839895013 feet, where one (1) international foot equals 0.3048 meters exactly or 1 inch equals 2.54 centimeters exactly as defined by the National Institute of Science and Technology (NIST). 2016, effective June 30, 2017. Amended: Filed Jan. 8, 2025, effective Aug. 30, 2025.

2 CSR 90-65.050 Digital Cadastral Parcel Mapping Requirements Pertaining to the United States Public Land Survey System {#sec-2-csr-90-65.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.050}

PURPOSE: This rule describes the minimum standard requirements that apply to the United States Public Land Survey System in a digital cadastral parcel mapping system.

(1) The United States Public Land Survey System (PLSS) shall be the foundation for digital cadastral parcel mapping in Missouri.

(2) Accurately delineate the PLSS layer through practical application of available source information. Missouri county courthouses, the Missouri Land Survey Repository, and other official sources and authorities of PLSS and record surveys are appropriate sources for survey information and documentation.

(3) Determination of the digital location of section and quarter section corners of the PLSS should adhere to the survey principles, which created the PLSS, and now guide maintenance. Digital section vertices shall be held to the accuracy standards defined in this rule, preferably existing only at the quarter-corners.

(4) Data prevalence for the establishment of the digital location of section corners shall be— (A) Known coordinate points established by a licensed professional land surveyor, or as recorded with the Missouri Department of Agriculture’s Land Survey Program;

(B) Reference data from available recorded or unrecorded surveys established by the County Surveyor or by licensed private surveyors and/or surveys filed with the Missouri Department of Agriculture’s Land Survey Program;

(C) Reference data from real estate conveyances, subdivision plats, or other recorded land information;

(D) General Land Office (GLO) surveys and field notes; and (E) Established land use on digital orthophotography.

(5) Documentation for the establishment of the PLSS section corners shall consist of a point data layer delineating how each corner was set. The PLSS registered section corner documents and subsequent research shall be referenced to this data layer within the digital mapping system. Delineation attribute may include, but not be limited to:

(A) Coordinate;

(B) Survey;

(C) Deed;

(D) Subdivision or Plat;

(E) GLO;

(F) Orthophotography; and (G) Tax Map.

2 CSR 90-65.060 Digital Cadastral Parcel Mapping Requirements Pertaining to Land Parcels {#sec-2-csr-90-65.060 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.060}

PURPOSE: This rule describes the minimum standard requirements that apply to land parcels in a digital cadastral parcel mapping system.

(1) A digital cadastral parcel map shall be based upon the United States Public Land Survey System (USPLSS).

(2) Parcels shall be structured in a manner that facilitates topological analysis.

(3) All parcels shall be constructed as polygons.

(4) All Public Land Survey System (PLSS) corner lines shall be continuous and seamless within a mapping project and with adjoining mapping projects where mapping has been completed in conformity to these standards.

2 CSR 90-65.070 Accuracy Standard {#sec-2-csr-90-65.070 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.070}

PURPOSE: This rule prescribes the accuracy reporting requirements for digital cadastral parcel mapping.

(1) Accuracy reporting for digital cadastral parcel maps shall be made in accordance with Missouri Mapping Standards (MMS) of 10 CSR 30-6.010 to 10 CSR 30-6.030, or the Federal Geographic Data Committee’s National Standard for Spatial Data Accuracy (NSSDA).

(2) If accuracy reporting is not provided using MMS, NSSDA, or other recognized standards, information shall be provided that enables users to evaluate how the data fits the requirements of their application. This information may include descriptions of the source material from which the Public Land Survey System (PLSS) and cadastral parcels were digitally constructed, accuracy of ground surveys associated with PLSS and cadastral parcel digital construction, and quality control procedures used in the production process.

2 CSR 90-65.080 Disclaimer {#sec-2-csr-90-65.080 omnilex-key=us-mo-regs-official--title-2--2 CSR 90-65.080}

PURPOSE: This rule describes the disclaimer to be included with any digital or hard copy map produced from a digital cadastral parcel mapping system.

A digital cadastral parcel map provides graphic representation and access to cadastral information, but it does not purport to represent the results of a property boundary survey of each parcel shown. It is not intended for property boundary determination of individual parcels, nor be used in lieu of a property boundary survey by a licensed professional land surveyor. Therefore, prominent display of the following disclaimer, or equivalent wording, shall be on any digital or hard copy map that displays cadastral parcel data.

“This Cadastral Map is for informational purposes only. It does not purport to represent a property boundary survey of the parcels shown and shall not be used for conveyances or the establishment of property boundaries.”

Division 100 Missouri Agricultural and Small Business Development Authority

Chapter 1 General Organization

2 CSR 100-1.010 General Organization {#sec-2-csr-100-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-1.010}

PURPOSE: This rule complies with section 536.023, RSMo 1986 which requires each agency to adopt as a rule a description of its operation and the methods where the public may obtain information or make submissions or requests.

(1) The Missouri Agricultural and Small Business Development Authority was created by Chapter 348, RSMo (1986). The authority was established as a public corporation to promote the development of agriculture, small business and pollution control facilities through the issuance of bonds.

(2) The authority is a bipartisan seven (7)member commission appointed by the governor, with the consent of the senate. The members terms are five (5) years in length.

(3) The authority holds periodic meetings which are open to the public.

(4) The general public may obtain information about the authority or make submissions to the authority by writing the Missouri Agricultural and Small Business Development Authority, P.O. Box 630, Jefferson City, MO 65102.

MATTBLUNT(4/30/01)

History

• AUTHORITY: section 348.075, RSMo 1986. Original rule filed July 12, 1984, effective Oct. 11, 1984. Original authority: 348.075, RSMo 1981, amended 1995, 1997.

Chapter 2 Beginning Farmer Loan Program

2 CSR 100-2.010 Definitions {#sec-2-csr-100-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-2.010}

(Rescinded January 30, 2019)

Oct. 11, 1984. Rescinded: Filed June 14, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: section 348.075, RSMo 1986.

2 CSR 100-2.020 Applicant Eligibility Requirements {#sec-2-csr-100-2.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-2.020}

PURPOSE: This rule sets forth the requirements which must be met by the applicant in order to be an eligible borrower for a loan under this program.

(1) The following criteria must be met before making application for a loan through this

(A) The applicant must be an individual and must be able to provide proof of citizenship, identity, certify the intent to become a Missouri resident, and must be a resident of Missouri at the time of bond issuance. If the applicant employs laborers, he or she must provide proof of enrollment and participation in the federal work authorization program.

(2) The applicant must be a bona fidefarmer or rancher— (A) Doing business as an individual who is recognized as one whose chief occupation is farming or ranching; and (B) Primarily and directly engaged in agricultural production or activity.

(3) The applicant must be unable to obtain a loan of equivalent terms from conventional sources without participation by the authority.

Oct. 11, 1984. Amended: Filed Feb. 11, 2009, effective Aug. 30, 2009. Amended: Filed July 30, 2015, effective Jan. 30, 2016.

History

• authority:

2 CSR 100-2.030 Time and Manner of Filing Application {#sec-2-csr-100-2.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-2.030}

PURPOSE: This rule sets forth the requirements for the time and manner of filing applications for loans under this program.

(1) Any person desiring to participate in this program may apply at any time during the year.

(2) No application will be submitted for

(3) The application shall be jointly executed by the applicant and the lender on forms provided by the authority.

Oct. 11, 1984. Amended: Filed Feb. 11, 2009, effective Aug. 30, 2009.

History

• authority consideration until all information required by 2 CSR 100-2.020 has been provided.

2 CSR 100-2.040 Fees {#sec-2-csr-100-2.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-2.040}

PURPOSE: This rule sets forth the fee structure for this program.

(1) The authority will receive a nonrefundable application fee submitted with the application in an amount set by the authority on forms provided by the authority.

(2) The authority will receive a program participation fee in an amount set by the authority, but not less than five hundred dollars ($500) upon bond issuance.

(3) The lender shall collect the participation fee and remit it to the authority at the time of the bond issuance.

(4) The participation fee may be financed with the loan.

Oct. 11, 1984. Amended: Filed Feb. 15, 1991, effective July 8, 1991. Amended: Filed Feb. 11, 2009, effective Aug. 30, 2009. Amended:

Filed July 30, 2015, effective Jan. 30, 2016.

2 CSR 100-2.050 Conditions for Execution of Agricultural and Small Business Development Authority Agreement {#sec-2-csr-100-2.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-2.050}

PURPOSE: This rule sets forth the conditions for execution of the loan agreement.

(1) The proceeds of the Agricultural and Small Business Development Authority loan must be disbursed to the applicant and/or scheduled for disbursement immediately upon execution of the final agreement.

History

• AUTHORITY: section 348.075, RSMo 1986. Oct. 11, 1984.

Chapter 3 Conservation Reserve Enhancement Program

2 CSR 100-3.010 General Organization {#sec-2-csr-100-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-3.010}

Oct. 27, 1989. Rescinded: Filed June 14,

History

• AUTHORITY: section 536.023, RSMo 1986.

2 CSR 100-3.020 Definitions Oct. 27, 1989. Rescinded: Filed June 14, {#sec-2-csr-100-3.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-3.020}

2 CSR 100-3.030 Criteria Relating to Participating Borrowers, Participating Lenders and Agricultural Development Loans Oct. 27, 1989. Rescinded: Filed June 14, {#sec-2-csr-100-3.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-3.030}

2 CSR 100-3.040 Procedure for the Purchase or Participation of Eligible Loans Oct. 27, 1989. Rescinded: Filed June 14, {#sec-2-csr-100-3.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-3.040}

2 CSR 100-3.050 Amendments Oct. 27, 1989. Rescinded: Filed June 14, {#sec-2-csr-100-3.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-3.050}

Chapter 4 Small Business Development Loan Program

2 CSR 100-4.010 General Organization {#sec-2-csr-100-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-4.010}

Jan. 13, 1992. Rescinded: Filed June 14,

History

• AUTHORITY: section 536.023, RSMo 1986.

2 CSR 100-4.020 Definitions Jan. 13, 1992. Rescinded: Filed June 14, {#sec-2-csr-100-4.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-4.020}

2 CSR 100-4.030 Criteria Relating to Participating Borrowers, Participating Lenders and Small Business Loans Jan. 13, 1992. Rescinded: Filed June 14, {#sec-2-csr-100-4.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-4.030}

2 CSR 100-4.040 Procedure for the Purchase or Participation of Eligible Loans Jan. 13, 1992. Rescinded: Filed June 14, {#sec-2-csr-100-4.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-4.040}

2 CSR 100-4.050 Amendments {#sec-2-csr-100-4.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-4.050}

Jan. 13, 1992. Rescinded: Filed June 14,

History

• AUTHORITY: section 536.023, RSMo 1986.

Chapter 6 Single-Purpose Animal Facilities Loan Guarantee Program

2 CSR 100-6.010 Description of Operation, Definitions, Fee Structures, Applicant Requirements, and Procedures for Making and Collecting Loans and Amending the Rules for the Single-Purpose Animal Facilities Loan Guarantee Program {#sec-2-csr-100-6.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-6.010}

PURPOSE: This rule describes the operation of the program; defines terms; and establishes the fee structure, applicant’s requirements, procedures for loan approval and collections, and conditions under which amendments will be made.

(1) General Organization.

(A) The Missouri Agricultural and Small Business Development Authority is authorized to borrow money and issue bonds, procure insurance or guarantees from any public or private entities, receive and accept from any source aid or contributions of money, property, labor, or other things of value to be used to carry out its purpose, enter into agreements with any department, agency, or instrumentality of the United States or this state for the purpose of providing for the financing and refinancing of any agricultural property and pollution control facilities or general property for small businesses, and to make agricultural development loans, small business loans, and small business pollution control facility loans.

(B) The authority will issue certificates of guaranty covering a first loss guarantee up to fifty percent (50%) of the loan on a declining principal basis made by lenders to independent livestock producers to finance livestock production.

(C) All submissions or requests for information regarding this authority should be directed to the Missouri Department of Agriculture, Agricultural and Small Business Development Authority, PO Box 630, Jefferson City, MO 65102.

(2) Definitions. As used in this rule, the following terms shall mean:

(A) Authority means the Missouri Agricultural and Small Business Development Authority organized pursuant to the provisions of sections 348.005 to 348.225, RSMo;

(B) Certificates of guaranty means evidence of obligation of the authority to guarantee up to but no more than fifty percent (50%) of the loan on a declining principal

basis made by lenders to independent livestock producers to finance livestock production;

(C) Eligible borrower means a borrower who is an independent producer qualifying for a loan through the single-purpose animal facilities loan guarantee program;

(D) Eligible lender means any state or national bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association or small business investment company that is subject to credit examination by an agency of the state or federal government, or any other lending institution approved by the insurer or guarantor of an agricultural development loan, small business development loan, or small business pollution control facility loan which undertakes to make or service such a loan;

(E) Independent livestock producer (as used in this rule only) means any person who is engaged in the production of poultry or livestock either owned or produced under contract, but who is not an integrated cattle producer with over five thousand (5,000) head feedlot capacity, or a swine producer with over one thousand two hundred (1,200) sows, except if independent producers organize a cooperative agreement to produce swine, the one thousand two hundred (1,200) sow limitation would not apply;

(F) Single-purpose animal facilities loan guarantee fund means a fund established in the state treasury consisting of money appropriated to it by the general assembly, charges, gifts, grants and bequests from federal, private or other sources, to be used to guarantee up to fifty percent (50%) of loans made by lenders to borrowers qualifying for loans through the single-purpose animal facilities loan guarantee program;

(G) Single-purpose animal facilities loan program fund means a fund established in the state treasury consisting of fees charged to borrowers to be used, upon appropriation, for administration of the single-purpose animal facilities loan guarantee program; and (H) Single-purpose animal facilities loan means a collateralized loan to finance the acquisition, construction, improvement, rehabilitation, or operation of land, buildings, facilities, equipment, machinery, and animal waste facilities used to produce poultry, hogs, beef or dairy cattle, or other animals.

(3) Criteria Relating to Participating Borrowers and Single-Purpose Animal Facilities Loan Guarantee Program.

(A) Eligibility requirements for securing loans include:

1. A borrower must be an independent livestock producer who is at least eighteen (18) years of age executing a note or other evidence of a loan;

2. Any project being financed must be used in Missouri by residents of the state;

3. A borrower must make at least a ten percent (10%) down payment on, or provide at least ten percent (10%) equity in, the project being financed under the program. If the borrower is producing poultry or livestock under contract, as assignment against the contract to the lender may replace a part or all of the required equity other than the initial ten percent (10%) down payment or equity; and 4. The eligibility of any person for a loan guarantee under the program shall not be determined or otherwise affected by any consideration of that person’s race, religion, sex, creed, color, or location of residence, other than the borrower must be a resident of the state of Missouri at the time the loan is closed.

(B) Loans being guaranteed through the program cannot exceed two hundred fifty thousand dollars ($250,000), except for loans made by the authority through its animal waste facilities loan program.

(C) Initial certificates of guaranty cannot be issued for a period exceeding ten (10) years. Refinancing of loans previously guaranteed by the Single-Purpose Animal Facilities Loan Guarantee Program may extend the guaranty as approved by the Missouri Agricultural and Small Business Development Authority.

(D) Loans made under the program may not be assumed by another person(s) without the prior approval of the authority.

(E) Loans made under the program may not be assigned by the lender without approval of the authority.

(F) Loans made under the program may not be extended beyond the original time established for the loan without prior approval of the authority.

(G) The authority will receive a loan participation fee of one percent (1%), with the fee being collected from the borrower by the lender and submitted to the authority at the time the loan is closed.

(H) The authority will receive a special loan guarantee fee of up to one percent (1%) per annum of the outstanding principal which shall be collected from the borrower by the lender and paid to the authority.

(I) The rate of interest to be charged to a borrower will be negotiated between the lender and the borrower, but cannot exceed ROBINCARNAHAN(4/30/10) the rate normally charged by the lender for similar loans.

(J) The loan amortization schedule will be negotiated between the lender and the borrower. Payments may be repaid monthly, quarterly, semi-annually, annually, or in installments that coincide with payments as they are normally received for the products being sold or delivered.

(K) Borrowers may accelerate payments, including early pay-off of the loan without incurring a prepayment penalty.

(4) Procedure for Making Eligible Loans.

(A) Independent livestock producers wishing to secure a loan through the program must apply for a loan from a participating eligible lender.

(B) A participating lender must make its own determination of whether a prospective borrower meets its requirements for a loan for which the lender will be applying for a loan guarantee.

(C) A lender seeking a guarantee through the program must submit to the authority an application and any supporting documents required by the authority.

(D) Upon receipt of the application and supporting documents, the authority will determine whether the loan constitutes a single-purpose animal facilities loan guarantee program loan and whether the borrower is an independent livestock producer who meets the requirements established by the authority.

(E) Upon determining that all requirements for the loan guarantee are met, the authority will issue to the lender a certificate of guaranty for up to fifty percent (50%) of any loss of the loan amount on a declining principal

basis, and for a period not exceeding ten (10) years, except in the case of refinances as approved by the authority.

(5) Procedures for Collecting Loans.

(A) Lenders must apply normal due diligence procedures in the collection of loans guaranteed through the program.

(B) Lenders making the original loan shall use its regular collection procedures prior to any action being undertaken by the authority.

(C) After a lender has foreclosed upon a borrower who has defaulted on a loan made through the program, the authority will reimburse the lender for any loss up to fifty percent (50%) of the principal outstanding.

(D) When the authority makes payment to a lender for losses on a defaulted loan, the

(E) After making a loan loss payment, the

(F) All monies received by the authority for payments made on previously defaulted guaranteed loans shall be paid promptly into the state treasury and deposited in the single-

purpose animal facilities loan guarantee fund.

(6) Amendments.

(A) Subject to the provisions of the Act and the program, these guidelines may be amended from time-to-time in order to make them conform to the provisions of the Act or the program or to facilitate the making of single-

purpose animal facilities loan guarantee program loans.

(B) To the extent the Act or the single-purpose animal facilities loan guarantee program is amended so that, if applied, it would make the requirements in these guidelines less restrictive, the program guidelines shall be deemed to be amended to incorporate the amended provisions of the Act of the program.

Filed Sept. 15, 2003, effective March 30, 2004. Emergency amendment filed Oct. 22, 2009, effective Nov. 2, 2009, expired April 30, 2010. Amended: Filed Nov. 23, 2009, effective May 30, 2010. *Original authority: 348.195, RSMo 1994, amended 2003; 348.210, RSMo 1994, amended 2003.

4CODE OF STATE REGULATIONS

(4/30/10) ROBINCARNAHAN

History

• authority shall be subrogated to all rights of the eligible lender.
• authority may institute action, including the use of private collection agencies, to recover any amount due the state.
• AUTHORITY: sections 348.195 and 348.210, RSMo Supp. 2009. Original rule filed Feb. 15, 1995, effective July 30, 1995. Amended:

Chapter 7 Missouri Value-Added Loan Guarantee Program (MoVAP)

2 CSR 100-7.010 Description of Operation, Definitions, Borrower Requirements, Procedures for Making and Collecting Loans and Amending the Rules for the Missouri Value-Added Loan Guarantee Program {#sec-2-csr-100-7.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-7.010}

PURPOSE: This rule describes the operation of the program; defines terms; and establishes criteria for borrowers, procedures for loan approval and collections, and conditions under which amendments will be made.

(1) General Organization.

(A) The Missouri Agricultural and Small Business Development Authority is authorized to borrow money and issue bonds, procure insurance or guarantees from any public or private entities, receive and accept from any source aid or contributions of money, property, labor, or other things of value to be used to carry out its purposes, enter into agreements with any department, agency, or instrumentality of the United States or this state for the purpose of providing for the financing and refinancing of any agricultural property and pollution control facilities or general property for small businesses, and to make agricultural development loans, small business development loans, small business pollution control facility loans, and agricultural products utilization grants.

(B) The authority will issue certificates of guaranty covering a first loss guarantee up to fifty percent (50%) of the loan on a declining principal basis made by lenders to eligible borrowers for the purpose of financing an agricultural business development loan.

(C) All submissions or requests for information regarding this authority should be directed to the Missouri Department of Agriculture, Agricultural and Small Business Development Authority, PO Box 630, Jefferson City, MO 65102.

(2) Definitions. As used in this rule, the following terms shall mean:

(A) ìCertificate of guaranty,î evidence of obligation of the authority to guarantee up to but no more than fifty percent (50%) of the loan on a declining principal basis made by lenders to eligible borrowers for the purpose of financing an agricultural business development loan;

(B) ìMissouri Value-Added Loan Guarantee Program,î the agricultural business development loan guarantee program authorized in section 348.403, RSMo; and (C) Other terms used within 2 CSR 100-7 shall have the same meaning as those defined in section 348.400, RSMo.

(3) Criteria Relating to Participating Borrowers and Missouri Value-Added Loan Guarantee Program.

(A) Eligibility requirements for securing guaranteed agricultural business development loans include:

1. An individual borrower must be at least eighteen (18) years of age in order to execute a note or other evidence of an agricultural business development loan;

2. Any agricultural property being financed must be located in Missouri and used by residents of the state or by Missouri based businesses for intended purposes and meet requirements as outlined in sections 348.400 to 348.415, RSMo;

3. An eligible borrower must provide the following:

A. Favorable lender and authority loan analysis of borrowerís ability to repay the loan and the prospect of the projectís success;

B. Viable business plan;

C. Appropriate security provided for the loan;

D. Appropriate risk retained by borrower for project;

E. Appropriate risk retained by lender for project;

F. Business compatibility with and evidence of support by community;

G. Managerial and business experience;

H. Compliance with federal, state, and local requirements;

I. Benefit to the general economic conditions of the area in which the agricultural property will be located; and J. Appropriate term of the loan guarantee requested in relation to the expected life of assets being guaranteed; and 4. The eligibility of any person for a loan guarantee under the program shall not be determined or otherwise affected by any consideration of that personís race, religion, sex, creed, color, or location of residence, other than an individual borrower must be a resident of the state of Missouri at the time the loan is closed and other borrowers must be an eligible borrower as defined in section 348.015, RSMo.

(B) The term for a certificate of guaranty may not exceed the expected life of assets being guaranteed and may not exceed a period of ten (10) years.

(C) Loan guarantees made under the program may not apply to refinancing of loans.

The authority may make an exception in the case of an expansion of an existing business operation when a significant portion of the loan is new debt.

(D) Loans made under the program may not be assumed by another person(s) or entity or be assigned by the lender without prior approval of the authority.

(E) Loans made under the program may not be extended beyond the original time established for the loan without prior approval of the authority.

(F) The rate of interest to be charged to a borrower will be negotiated between the lender and the borrower, but cannot exceed the rate normally charged by the lender for similar loans.

(G) The loan amortization schedule will be negotiated between the lender and the borrower. Payments may be repaid monthly, quarterly, semiannually, annually or in installments that coincide with payments as they are normally received for the products being sold or delivered.

(H) Borrowers may accelerate payments, including early pay-off of the loan without incurring a prepayment penalty.

(4) Procedure for Making Eligible Loans.

(A) Borrowers wishing to secure a loan through the program must apply for a loan from a participating eligible lender.

(B) A participating lender must make its own determination of whether a prospective borrower meets its requirements for a loan for which the lender will be applying for a loan guarantee.

(C) A lender seeking a guarantee through the program must submit to the authority an application and any supporting documents required by the authority.

(D) Upon receipt of the application and supporting documents, the authority will determine whether the loan constitutes an agricultural business development loan guarantee program loan and whether the borrower is an eligible borrower. The authority may reject any application for guaranty.

(E) Each application will be considered individually by the authority. A decision to accept, modify or deny each will be released.

(F) The decision by the authority is binding and not subject to review or appeal.

(G) Upon approval and determining that all requirements for the loan guarantee are met, the authority will issue to the lender a certificate of guaranty for up to fifty percent (50%) of any loss of the loan amount on a declining principal basis, and for a period not to exceed ten (10) years.

ROBINCARNAHAN(5/31/05)

Chapter 7óMissouri Value-Added Loan Guarantee Program (MoVAP)2 CSR 100-7 (5) Procedure for Collecting Loans.

(A) Eligible lenders must apply normal due diligence procedures in the collection of loans guaranteed through the program.

(B) Eligible lenders making the original loan shall use its regular collection procedures prior to requesting the authority to pay the guarantee on the outstanding principal.

(C) After a lender has foreclosed upon a borrower who has defaulted on a loan made through the program, the authority will reimburse the lender for any loss up to fifty percent (50%) of the principal outstanding.

(D) When the authority makes payment to a lender for losses on a defaulted loan, the

(E) After making a loan loss payment, the

(F) All moneys received by the authority for payments made on previously defaulted guaranteed loans shall be paid promptly into the state treasury and deposited in the agricultural product utilization and business development loan guarantee fund.

(6) Amendments.

(A) Subject to the provisions of the Act and the program, these guidelines may be amended from time-to-time in order to make them conform to the provisions of the Act or the program or to facilitate the making of agricultural business development loan guarantee program loans.

4CODE OF STATE REGULATIONS

(5/31/05) ROBINCARNAHAN

Division 100óMissouri Agricultural and 2 CSR 100-7óDEPARTMENT OF AGRICULTURESmall Business Development Authority

History

• authority shall be subrogated to all rights of the eligible lender.
• authority may institute action, including the use of private collection agencies, to recover any amount due the state.
• AUTHORITY: section 348.403, RSMo 2000. Original rule filed Oct. 28, 1997, effective May 30, 1998. Amended: Filed Dec. 15, 2004, effective June 30, 2005. Original authority: 348.403, RSMo 1997.

Chapter 8 Missouri Value-Added Grant Program (MoVAP)

2 CSR 100-8.010 Description of Operation, Definitions, Applicant Requirements, Procedures for Grant Approval, Funding of Grants, and Amending the Rules for the Missouri Value-Added Grant Program {#sec-2-csr-100-8.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-8.010}

(Rescinded: December 30, 1999)

1997. Original rule filed Oct. 28, 1997, effective May 30, 1998. Emergency rescission filed July 6, 1999, effective July 16, 1999, expired Feb. 24, 2000. Rescinded: Filed June 22, 1999, effective Dec. 30, 1999.

Rebecca McDowell Cook (11/30/99)

History

• AUTHORITY: section 348.403, RSMo Supp.

Chapter 10 New Generation Cooperative Incentive Tax Credit Program

2 CSR 100-10.010 Description of Operation, Definitions, and Method of Distribution and Repayment of Tax Credits {#sec-2-csr-100-10.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-10.010}

PURPOSE: This rule describes the operation of the program, defines terms, establishes the method used to distribute the tax credits, and repayment of tax credits.

(1) General Organization.

(A) The Missouri Agricultural and Small Business Development Authority is authorized to issue new generation cooperative incentive tax credits to members of an eligible new generation cooperative as defined in

section 348.432, RSMo.

(2) Definitions:

(A) “Employee Qualified Capital Project”:

Sixty (60) full-time employees or equivalent must be employed no later than twenty-four (24) months from the time the eligible new generation cooperative becomes operational.

Sixty (60) full-time employees or equivalent must be maintained for a period of at least five (5) years. Full-time employee is defined as a person working at least thirty-five (35) hours per week. Equivalent employee includes part-time employees fifteen to twenty-five (15–25) hours per week as 1/2 employees and part-time employees working twenty-six to thirty-four (26–34) hours per week as 3/4 employees. Full-time employees and/or equivalency must be certified to the Missouri Agricultural and Small Business Development Authority (the authority) on or before the anniversary date of the tax credits issuance for each of the first five (5) years after reaching the required sixty (60) employees and may be verified more frequently at the discretion of the authority;

(B) “Employee”: An employee of the eligible new generation cooperative is someone who works a minimum of thirty-five (35) hours per week for fifty-two (52) weeks in a twelve (12)-month period;

(C) “Maintenance of sixty (60) employees”: Sixty (60) employees, once reached during or at the end of the twenty-four (24)month period, must be maintained on a continual basis for sixty (60) months.

(3) Operation of the Program.

(A) Application—New generation cooperative applicants may submit applications to the

After December 31 of each year, the authority will release any unallocated “small capital project” tax credits for “large capital projects” and “employee qualified capital projects” or any unallocated “large capital projects” and “employee qualified capital projects” tax credits to “small capital projects.”

(B) Issuance—Tax credits will be issued on a first-come, first-serve basis when the required criteria specified herein is met. If the authority receives more tax credit applications than the amount of available tax credits, then those credits which exceed the available amount will be placed on a waiting list to be issued once additional tax credits become available.

(C) Allocation—The authority will provide a letter of conditional approval to any eligible new generation cooperative applicant that conforms to the law and guidelines stated herein. The amount of tax credits which may be issued to a member will be the least of:

1. Fifty percent (50%) of the member’s cash investment;

2. Fifteen thousand dollars ($15,000);

3. Member’s proration of the maximum amount of tax credits allocated to the project as described below.

(D) Proration—If members’ investment in a new generation “large capital project” cooperative would be eligible for tax credits in excess of the project’s allocation (maximum allocation per project is $1.5 million) or “employee qualified capital project” (maximum allocation per project is $3.0 million), tax credits will be prorated between members on a percent of investment basis, not to exceed the maximum allowed per member.

The proration will be calculated as follows based on applications received by members for each approved eligible new generation cooperative:

1. The amount of each member’s investment multiplied by fifty percent (50%) will determine the maximum eligible tax credit, not to exceed fifteen thousand dollars ($15,000).

2. The sum of members’ maximum eligible tax credits will be calculated.

3. The amount of tax credits approved for the new generation tax credit divided by the sum of members’ maximum eligible tax credits equals the percentage of proration.

4. The percentage of proration multiplied by the member’s maximum eligible tax credit equals the amount of tax credit which may be issued to each member.

(E) Repayment of Tax Credits—The

Filed Feb. 11, 2009, effective Aug. 30, 2009.

Amended: Filed June 14, 2018, effective Jan. 30, 2019. *Original authority: 348.432, RSMo 1999, amended 2001, 2002, 2004, 2008, 2016.

History

• authority on a continuous basis. Up to six (6) million dollars in tax credits are available per fiscal year. Of these tax credit allocation amounts, each year the authority will reserve ten percent (10%) of the credits for “small capital projects.” The balance of tax credits will be available to “large capital projects” and “employee qualified capital projects.”
• authority may revoke, in full or part, any credits if—1) any representation made to the
• authority in connection with an application proves to have been false when made; 2) the application violates any conditions established by the Authority; or 3) the full-time employees or equivalency requirements are not met. In the event credits must be revoked as a result of underemployment for “employee qualified capital projects,” the credit payback amount will be prorated over a sixty (60)-month percentage basis. Repayment may be in the form of a cash payment or by voluntary relinquishment of the tax credits.
• AUTHORITY: section 348.432, RSMo 2016. Original rule filed July 26, 2001, effective Jan. 30, 2002. Amended: Filed Dec. 15, 2004, effective June 30, 2005. Amended:

Chapter 11 Missouri Dairy Revitalization Programs

2 CSR 100-11.010 Dairy Producer Margin Insurance Premium Assistance Program {#sec-2-csr-100-11.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-11.010}

PURPOSE: This rule describes eligibility and application procedures for the dairy producer margin insurance premium assistance program.

(1) Definitions. As used in this rule, the following shall mean:

(A) Missouri Agricultural and Small Business Development Authority (MASBDA)— the authority. The Missouri Agricultural and Small Business Development Authority was created by Chapter 348, RSMo;

(B) Eligible Dairy Producer—The authorized representative (must match name of representative on the United States Department of Agriculture (USDA) Margin Protection Program (MPP)-Dairy enrollment form) of a dairy operation located in Missouri who provides proof of fully paid participation in the federal Margin Protection Program for Dairy (MPP-Dairy);

(C) Federal Premium—Amount paid to the USDA for participation in the Margin Protection Program for Dairy (MPP-Dairy) on an annual basis;

(D) Margin Protection Program—The federal Margin Protection Program for Dairy (MPP-Dairy) contained in the federal Agricultural Act of 2014 (The Farm Bill);

(E) Margin Protection Premium Reimbursement Rate—Seventy percent (70%) of the federal premium payment, up to a maximum premium reimbursement rate of thirtyfour (.34) cents per hundredweight of milk, as certified on the USDA MPP-Dairy enrollment form;

(F) Pounds of Production—Producer’s production history measured in pounds for the dairy operation, as certified on the USDA MPP-Dairy enrollment form; and (G) USDA/FSA—United States Department of Agriculture Farm Service Agency is the federal agency that administers the Margin Protection Program for Dairy Producers (MPP-Dairy).

(2) Operation of the Program.

(A) Eligibility—Applicant must be a dairy producer in the state of Missouri who participates in the federal Margin Protection Program for Dairy.

(B) Application—Dairy producers who wish to be considered for the program shall apply with the Missouri Agricultural and Small Business Development Authority on a form or forms provided by the authority prior to January first of each year. The authority will determine, on an annual basis, what documents are required to be submitted with the application to determine eligibility.

(C) Allocation—Upon approval by the

(D) Repayment of premium benefits—The

(3) The Missouri Agricultural and Small Business Development Authority may charge an application fee in an amount to be determined on an annual basis to cover the costs associated with the implementation of the program.

History

• authority, the eligible applicant shall receive reimbursement of seventy percent (70%) of the paid annual premium up to a maximum premium reimbursement rate of thirty-four (.34) cents per hundredweight of milk. Funding is subject to cash availability and current appropriation authority. If eligible application amounts exceed cash availability and current appropriation authority, reimbursement payments will be disbursed on a pro ratabasis.
• authority may revoke, in full or part, any reimbursement payments if—1) any representation made to the authority in connection with an application proves to have been false when made; or 2) the application violates any conditions established by the authority.
• AUTHORITY: section 261.295, RSMo Supp. 2015. Original rule filed March 31, 2016, effective Sept. 30, 2016. Original authority: 261.295, RSMo 2015.

2 CSR 100-11.020 Missouri Dairy Scholars Program {#sec-2-csr-100-11.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-11.020}

PURPOSE: This rule describes eligibility and application procedures for the Missouri Dairy Scholars Program.

(1) Definitions. As used in this rule, the following shall mean:

(A) Agriculture-Related Degree—Programs offered by a two- (2-) year or four- (4-) year college or university in Missouri that include, but may not be limited to, the following program areas:

1. Agricultural Business/Economics;

2. Agricultural Education;

3. Agricultural Equipment/Power/Machinery;

4. Agricultural Communications/Journalism;

5. Agricultural Production;

6. Animal Health;

7. Biotechnology;

8. Farm Management;

9. Food Science/Nutrition;

10. Horticulture/Plant Science;

11. Landscape/Nursery/Turf Management; and 12. Soils;

(B) Dairy-Related Internship—a paid or unpaid work experience for at least three (3) months on a dairy farm or, with a dairy cooperative, dairy manufacturing plant, dairy equipment or feed or input provider, an agribusiness, commodity organization, or allied dairy service provider;

(C) Department—the Missouri Department of Agriculture;

(D) Missouri Agriculture Industry—farms and ranches involved in the production of food products; the agriculture supply and service businesses that support farmers and ranchers; the cooperatives, processors, and manufacturers that provide value added services and help transform the farmer’s agricultural production into higher value products; and (E) Scholarship—Payment in the amount of five thousand dollars ($5,000), subject to appropriations to assist with the cost of an eligible student’s tuition and fees at a two- (2-) year or four- (4-) year college or university in Missouri.

(2) Operation of the Program.

(A) Application—Eligible students as defined in section 261.285.3, RSMo, must apply to the Missouri Department of Agriculture on forms provided by the department.

On an annual basis, the department will establish program guidelines and a deadline date for the acceptance of applications.

(B) Allocation—Upon approval by the department, the eligible student applicant will receive an award letter and scholarship funds will be forwarded to the college or university that the student identifies in the application.

Funding is subject to cash availability and current appropriation authority.

(C) Repayment of scholarship benefits— The department may revoke, in full or part, any payments if—1) any representation made to the department in connection with an application proves to have been false when made; 2) the applicant violates any conditions established by the department; or 3) the applicant becomes ineligible for any reason under section 261.285, RSMo.

History

• AUTHORITY: section 261.295, RSMo Supp. 2015. Original rule filed March 31, 2016, effective Sept. 30, 2016. Original authority: 261.295, RSMo 2015.

Chapter 12 Meat Processing Facility Investment Tax Credit Program

2 CSR 100-12.010 Description of Operation, Definitions, Method of Distribution, Business Development Authority Tax Credit Program {#sec-2-csr-100-12.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-12.010}

2 CSR 100-12.010 Description of Operation, Definitions, Method of Distribution, and Repayment of Tax Credits {#sec-2-csr-100-12.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-12.010}

PURPOSE: This rule describes the operation of the program, defines terms, establishes the method used to distribute tax credits, and the repayment of tax credits.

(1) General Organization.

(A) The Missouri Agricultural and Small Business Development

(2) Definitions.

(A) “Authority” means the Missouri Agricultural and Small Business Development Authority established in Chapter 348.

(B) “Meat processing facility” means any commercial plant, as defined under section 265.300, RSMo, at which livestock are slaughtered or at which meat or meat products are processed for sale commercially and for human consumption.

(C) “Meat processing modernization or expansion” means constructing, improving, or acquiring buildings or facilities, or acquiring equipment for meat processing including the following, if used exclusively for meat processing and if acquired and placed in service in this state during tax years beginning on or after January 1, 2017, but ending on or before December 31, 2028:

1. Building construction including livestock handling, product intake, storage, and warehouse facilities;

2. Building additions;

3. Upgrades to utilities including water, electric, heat, refrigeration, freezing, and waste facilities;

4. Livestock intake and storage equipment;

5. Processing and manufacturing equipment including cutting equipment, mixers, grinders, sausage stuffers, meat smokers, curing equipment, cooking equipment, pipes, motors, pumps, and valves;

6. Packing and handling equipment including sealing, bagging, boxing, labeling, conveying, and product movement equipment;

7. Warehouse equipment including storage and curing racks;

8. Waste treatment and waste management equipment including tanks, blowers, separators, dryers, digesters, and equipment that uses waste to produce energy, fuel, or industrial products;

9. Computer software and hardware used for managing the meat processing facility’s meat processing operation including software and hardware related to logistics, inventory management, production plant controls, and temperature monitoring controls; and 10. Construction or expansion of retail facilities or the purchase or upgrade of retail equipment for the commercial sale of meat products if the retail facility is located at the same location as the meat processing facility.

(D) “Tax credit” means a credit against the tax otherwise due under Chapter 143, RSMo, excluding withholding tax imposed under sections 143.191 to 143.265, RSMo, or otherwise due under

Chapter 147, RSMo.

(E) “Taxpayer,” any individual or entity who— 1. Is subject to the tax imposed under Chapter 143, RSMo, excluding withholding tax imposed under sections 143.191 to 143.265, RSMo, or the tax imposed under Chapter 147, RSMo;

2. In the case of an individual, is a resident of this state as verified by a 911 address or, in the absence of a 911 system, a physical address; and 3. Owns a meat processing facility located in this state and employs a combined total of fewer than five hundred (500) individuals in all meat processing facilities owned by the individual or entity in this country.

(F) “Used exclusively” means used to the exclusion of all other uses except for use not exceeding five percent (5%) of total use.

(3) Operation of the Program.

(A) Application: Meat processing facilities who wish to apply for a tax credit shall apply to the Authority on forms provided by the Authority, and provide the following information:

1. Documentation showing the type and quantity (in pounds) of meat product processed in the facility for the past three (3) calendar years;

2. Documentation showing the meat processing modernization or expansion such as paid invoices and cancelled checks, receipts of payment, and/or paid contracts; and 3. In order to determine eligibility, the Authority reserves the right to request additional documentation and information from the meat processing facility to document or clarify information submitted in the application.

(B) Fees: The Authority may charge fees associated with the application review and issuance of the tax credits in an amount determined by the Authority.

(C) Issuance: Tax credits will be issued on an “as received”

basis when the required criteria specified herein are met.

(D) Allocation: The amount of the tax credit which may be issued to an approved meat processing facility shall be— 1. Twenty-five percent (25%) of the investment annually in an approved meat processing modernization or expansion, but the total tax credit that any approved meat processing facility may claim shall not exceed seventy-five thousand dollars ($75,000) per tax year; and 2. Claimed in the year in which the allowable expenses were paid, but any amount of credit that the taxpayer is prohibited by this section from claiming in a tax year, may be carried forward to any of the taxpayer’s four (4) subsequent tax years.

(E) Proration: If two (2) or more persons own and operate the meat processing facility, each person may claim a tax credit under this section in proportion to his or her ownership interest, except that the aggregate amount of the tax credits claimed shall not exceed seventy-five thousand dollars ($75,000) per year, per meat processing facility.

(F) Annual Reporting and Verification.

1. Annual Reporting: The approved meat processing facility shall annually, for a period of three (3) years following issuance of the tax credits on forms provided by the Authority, provide the following information to the Authority:

A. Type and quantity (in pounds) of agricultural commodity processed;

B. Amount of investment;

C. Type of equipment purchased;

D. Name, location, and description of the facility; and E. Actual number of permanent full-time, permanent

part-time, and seasonal part-time jobs for each month of the (8/31/23) John R. Ashcroft SMALL BUSINESS DEVELOPMENT AUTHORITY 2 CSR 100-12—DEPARTMENT OF AGRICULTURE preceding twelve (12) month period.

2. Verification: Verifying the meat processing modernization or expansion within three (3) years of the issuance of the tax credits shall be based on reporting and site evaluation of the meat processing facility for which tax credits were issued as established by the Authority on forms provided by the Authority, and shall include the following:

A. Audit: The Authority reserves the right to audit any approved meat processing facility’s production records to ensure compliance with program requirements;

B. Records Maintenance: The approved meat processing facility must retain all documentation for the last seven (7) years from the date of the tax credits issuance related to the processing of meat products and the qualifying investments used in the application to secure Authority approval; and C. Additional Information: In order to verify the meat processing modernization or expansion, the Authority reserves the right to request additional documentation and information from the meat processing facility to document or clarify information submitted.

(G) Penalties and Repayment of Tax Credits.

1. Fraud: Fraud in the application process, as determined by a court of competent jurisdiction or the Administrative Hearing Commission, shall result in a penalty up to one hundred percent (100%) of the credits issued.

2. Repayment of Tax Credits: The Authority may revoke, in full or part, any tax credit issued if— A. Any representation made to the Authority in connection with an application proves to have been false when made;

B. The meat processing facility fails to increase production within three (3) years of issuance of the tax credit; or C. The application fails to comply with these rules.

3. Reporting: After the tax credits have been issued, any failure to meet the annual reporting requirements shall result in the following penalties:

A. Failure to report for more than six (6) months but less than one year shall result in a penalty up to two percent (2%) of the value of the tax credits issued for each month of delinquency during such time period;

B. Failure to report for more than one (1) year shall result in a penalty up to ten percent (10%) of the value of the tax credits issued for each month of delinquency during such time period up to one hundred percent (100%) of the value of the tax credit issued; and C. Penalties shall remain the liability of the person or entity obligated to complete the annual reporting, without regard to any transfer of the tax credits.

History

• Authority (Authority) is authorized to issue meat processing facility investment tax credits to a “meat processing facility” as defined in section 135.686, RSMo.
• AUTHORITY: section 135.686, RSMo Supp. 2023. Original rule filed June 15, 2017, effective Dec. 30, 2017. Amended: Filed April 17, 2023, effective Sept. 30, 2023. Original authority: 135.686, RSMo 2016, amended 2022.

Chapter 13 Specialty Agricultural Crops Act

2 CSR 100-13.010 Description of Operation, Definitions, Method of Distribution, Business Development Authority {#sec-2-csr-100-13.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-13.010}

2 CSR 100-13.010 Description of Operation, Definitions, Method of Distribution, and Reporting Requirements {#sec-2-csr-100-13.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-13.010}

PURPOSE: This rule describes the operation of the program, defines terms, establishes the application procedure, method used to distribute tax credits, and the method of reporting sales.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the Missouri Department of Agriculture, Missouri Agricultural and Small Business Development Authority, and is available by emailing masbda@mda.mo.gov, by calling (573) 751-2129, and at its headquarters at 1616 Missouri Boulevard, Jefferson City, Missouri, and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) General Organization.

(A) The Missouri Agricultural and Small Business Development Authority (authority) is authorized to issue specialty agricultural crops tax credits to lenders as defined in

section 348.491.2(3), RSMo.

(2) Definitions— (A) “Authority” means the Missouri Agricultural and Small Business Development Authority created in section 348.020, RSMo;

(B) “Eligible loan” means purchase of farming resources such as specialty crop seeds, seedlings, or trees; soil amendments including compost; irrigation equipment; fencing; row covers; trellising; season extension equipment; refrigeration equipment; and equipment for planting and harvesting. A list of eligible specialty crops may be found or may be requested by emailing masbda@mda.mo.gov or calling (573) 751-2129. Loans for operating expenses such as salaries, utilities, mortgage, etc., are not eligible;

(C) “Family” means residing at the same physical residential address;

(D) “Family farmer” means a farmer who is a Missouri resident and who has less than one hundred thousand dollars ($100,000) in agricultural sales per year;

(E) “Lender” means any state or national bank, federal land bank, production credit association, bank for cooperatives, federal or state-chartered savings and loan association, or building and loan association or small business investment company that is subject to credit examination by an agency of the state or federal government, or any other lending institution approved by the insurer or guarantor of an agricultural development loan, small business development loan, or small business pollution control facility loan which undertakes to make or service such a loan;

(F) “Maximum eligible loan” cannot exceed ninety percent (90%) of the cost of purchasing specialty crops farming resources, or thirty-five thousand dollars ($35,000), whichever is less;

(G) “Specialty crop” means fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops including but not limited to floriculture. “Specialty crop” shall not include medical marijuana, recreational marijuana, or industrial hemp; and (H) “Tax credit” means a credit against the tax otherwise due under the provisions of Chapter 143, 147, or 148, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo, and related provisions.

(3) Operation of the Program.

(A) Application. Lenders who wish to apply for a tax credit shall apply to the authority on forms provided by the authority, and provide the following information:

1. Lender’s completed loan application, promissory note, amortization schedule, and security filings;

2. Family farmer’s current financial statement (cannot be more than six (6) months old);

3. Projected global cash flow, post loan closing;

4. List of farming resources purchased and the cost for each;

5. The family farmer must be able to provide proof of citizenship, identity, and residence and employer status; and 6. In order to determine eligibility, the authority reserves the right to request additional documentation and information from the family farmer to document or clarify information submitted with the application.

(B) Fees. The authority may charge a one- (1-) time loan review fee of one percent (1%) of the approved specialty crop loan.

(C) Approval. The authority’s approval shall take into consideration— 1. The family farmer’s ability to repay the specialty agricultural crops loan;

2. The general economic conditions of the area in which the farm is located;

3. The prospect of a financial return for the family farmer for the type of farming resource for which the specialty agricultural crops loan is sought; and 4. Such other factors as the authority may establish.

(D) Issuance. Lenders shall receive a tax credit from the

1. The authority will issue the tax credit certificate after— A. Receiving a certification from the lender of the actual interest waived after the first year of the eligible loan. The interest due certification must be received no later than thirty (30) days after the first year anniversary of the loan; and B. Receiving a certification from the family farmer of the specialty crops sales resulting from the farming resources purchased from the proceeds of the Specialty Agricultural Crops loan.

(E) Usage of Tax Credits.

1. The Department of Revenue shall accept a certificate of tax credit in lieu of other payment in such amount as is equal to the lesser of the amount of the tax or the remaining unused amount of the credit as indicated on the tax credit certificate and shall indicate on the tax credit certificate the amount of tax thereby paid and the date of such payment.

2. The tax credits claimed in a taxable year may be claimed on a quarterly basis and applied to the estimated quarterly tax of the lender.

3. A lender may assign, transfer, sell, or otherwise convey tax credits authorized under this section, with the new owner of the tax credit receiving the same rights in the tax credit as (8/31/23) John R. Ashcroft SMALL BUSINESS DEVELOPMENT AUTHORITY 2 CSR 100-13—DEPARTMENT OF AGRICULTURE the lender. For any tax credits assigned, transferred, sold, or otherwise conveyed, a notarized endorsement shall be filed by the lender with the authority specifying the name and address of the new owner of the tax credit and the value of such tax credit.

4. Any amount of tax credit which exceeds the tax due including any estimated quarterly taxes paid by the lender that result in an overpayment of taxes for a tax year shall not be refunded but may be carried over to any subsequent taxable year, not to exceed a total of three (3) years for which a tax credit may be taken for a qualified specialty agricultural crops loan.

(F) Audit. The authority reserves the right to audit approved loans to ensure compliance with program requirements for a period of seven (7) years from the date of the loan.

(G) Fraud. Fraud in the application process shall result in a penalty equal to one hundred percent (100%) of the credits issued. No taxpayer shall be deemed to have committed fraud in the application process for any credit unless such conclusion has been reached by a court of competent jurisdiction or the administrative hearing commission.

(H) The provisions of the Specialty Agricultural Crops Act shall automatically sunset on December 31, 2028, unless reauthorized by an act of the general assembly.

History

• authority in lieu of the first year interest being paid by a family farmer on qualifying loans. The approved tax credit will be up to one hundred percent (100%) of the approved first year’s interest waived on a qualified eligible loan.
• AUTHORITY: section 348.491, RSMo Supp. 2022. Original rule filed April 14, 2023, effective Sept. 30, 2023. Original authority: 348.491, RSMo 2022.

Chapter 14 Beginning Farmer Tax Deduction Program

2 CSR 100-14.010 Description of Operation, Definitions, and Method of Certification {#sec-2-csr-100-14.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 100-14.010}

PURPOSE: This rule describes the operation of the program, defines terms, and establishes the procedures for certification of a qualifying beginning farmer and farm owner which may be used by the farm owner to apply to the Missouri Department of Revenue for a deduction from Missouri adjusted gross income.

(1) General Organization.

(A) The Missouri Department of Agriculture is authorized to establish a process certifying the qualifications of a beginning farmer and farm seller under section 143.121, RSMo.

(2) Definitions.

(A) Authority means the Missouri Agricultural and Small Business Development Authority (MASBDA) created in section 348.020, RSMo.

(B) Beginning farmer is a taxpayer who— 1. Has filed at least one (1) but not more than ten (10)

Internal Revenue Service Schedule F (Form 1040) Profit or Loss from Farming forms since turning eighteen (18) years of age; or 2. Is approved for a beginning farmer loan through the United States Department of Agriculture Farm Service Agency Beginning Farmer direct or guaranteed loan program; or 3. Has a farming operation that is determined by the Missouri Department of Agriculture to be new production agriculture but is the principal operator of a farm and has substantial farming knowledge; or 4. Has been determined by the Missouri Department of Agriculture to be a MASBDA qualified family member.

(C) Farmland. Real property for sale, rent, lease, or under a crop-share arrangement, and primarily used for, or suitable for, the cultivation and sale of crops (including forestry, fruit/nut trees and horticulture), raising and sale of livestock or poultry (including aquaculture), including the sale of products from such crops, livestock, or poultry.

(D) Farm owner is an individual (including an entity that is disregarded, for tax purposes, as separate from the individual) who owns farmland and disposes of or relinquishes use of all or some portion of such farmland as follows:

1. A sale to a beginning farmer; or 2. A lease or rental agreement not exceeding ten (10) years with a beginning farmer; or 3. A crop-share arrangement not exceeding ten (10) years with a beginning farmer.

(E) Production agriculture. The active cultivation of farmland with the intent of sale through marketing or distribution channels or direct sale to the public.

(F) Qualified family member is an individual who is related to a farm owner within the fourth degree by blood, marriage, or adoption and who is purchasing or leasing or is in a cropshare arrangement for land from all or a portion of such farm owner’s farming operation.

(3) Amount of Tax Deduction. A farm owner who sells farmland to a beginning farmer may subtract from his/her Missouri adjusted gross income an amount, to the extent included in federal adjusted gross income, equal to the portion of capital gains received from the sale of such farmland that such farm owner receives in the tax year for which such owner subtracts such capital gain according to the following:

Capital Gain Amount:Percentage of Capital Gains Subtraction: $0-$2 million100% $2,000,001-$3,000,00080% $3,000,001-$4,000,000 60% $4,000,001-$5,000,00040% $5,000,001-$6,000,00020% A farm owner who rents, leases, or enters into a crop-share arrangement (not exceeding ten (10) years) with a qualified beginning farmer can reduce his/her Missouri adjusted gross income (cash rent income, in the case of a lease) equal to the amount of income received by the farm owner under the agreement to the extent included in federal adjusted gross income, up to twenty-five thousand dollars ($25,000) per tax year.

(4) Operation of the Program.

(A) Application. Farm owners who wish to apply for the certification shall apply to the authority on forms provided by the authority, and provide the following information:

1. Farm owner certification— A. For certification related to the sale of farmland occurring on or after August 28, 2023— (I) Copy of the sales contract, signed and dated by both parties;

(II) Copy of the final settlement statement confirming the transaction has taken place; and (III) Copy of legal description documenting the farmland’s location;

B. For certification related to the rent/lease/crop-share of farmland entered into on or after August 28, 2023— (I) Copy of the rental/lease/crop-share agreement signed and dated by both parties, clearly stating— (a) Beginning and end date;

(b) Financial arrangement (annual payment, cropshare arrangement);

(c) Process of renewal or extension; and (d) Process of cancellation by either party; and (II) The certification for a rental/lease/crop-share arrangement will be valid for one (1) year and must be renewed annually (not to exceed ten (10) years) to confirm the lease/ crop-share arrangement is still in effect;

2. Beginning farmer certification— A. A copy of the most recent IRS Schedule F (Form 1040)

Profit or Loss from Farming; or B. A copy of the United States Department of Agriculture (USDA) Farm Service Agency (FSA) approval for a direct beginning farmer loan or a guaranteed farm loan; or C. Documentation from a primary lender, landlord, current/previous farm employer if employed by a farm owner, agricultural service provider, etc. confirming the beginning farmer’s intent to be the principal operator of the farm purchased or leased and the level of farming knowledge of the beginning farmer; or D. A certification by the beginning farmer that the familial relationship with the farm owner is within the fourth degree by blood, marriage, or adoption.

(6/30/24) John R. Ashcroft SMALL BUSINESS DEVELOPMENT AUTHORITY 2 CSR 100-14—DEPARTMENT OF AGRICULTURE (B) Annual certification of rental/lease/crop-share arrangement. Farm owners who wish to renew an annual certification verifying the lease/crop share arrangement is still in effect shall apply to the authority on a form provided by the authority, and provide the following information:

1. A current copy of the lease/crop-share arrangement, containing beginning and end dates of the arrangement; and 2. Verification by the beginning farmer the lease/crop share arrangement is still in effect.

(C) Fees. The authority may charge an application fee for the initial certification and, in the case of an annual certification of a lease/crop-share arrangement, an annual certification fee in an amount as set by the authority to cover the costs associated with the administration of the program.

(D) Issuance of certification. Upon receipt and verification of the qualifications of the farm owner and beginning farmer, a certification letter will be provided to the farm owner and beginning farmer to be used by the farm owner when requesting the tax deduction.

(E) Audit. The authority reserves the right to audit approved beginning farmers and farm owners to ensure compliance with program requirements for a period of seven (7) years from the date of the certification.

History

• AUTHORITY: section 143.121, RSMo Supp. 2023. Original rule filed Jan. 31, 2024, effective July 30, 2024. Original authority: 143.121, RSMo 1972, amended 1977, 1986, 1989, 1990, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2014, 2016, 2019, 2020, 2021, 2023.

Division 110 Office of the Director

Chapter 1 Missouri Qualified Fuel Ethanol Producer Incentive Program

2 CSR 110-1.010 Description of General Organization; Definitions; Requirements of Eligibility, Licensing, Bonding, and Application for Grants; {#sec-2-csr-110-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-1.010}

Procedures for Grant Disbursements; Record Keeping Requirements, and Verification Procedures for the Missouri Qualified Fuel AGRICULTURE Ethanol Producer Incentive Program

2 CSR 110-1.010 Description of General Organization; Definitions; Requirements of Eligibility, Licensing, Bonding, and Application for Grants; Procedures for Grant Disbursements; Record Keeping Requirements, and Verification Procedures for the Missouri Qualified Fuel Ethanol Producer Incentive Program {#sec-2-csr-110-1.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-1.010}

(Rescinded December 30, 2018)

2002. Original rule filed June 14, 1995, effective Dec. 30, 1995. Amended: Filed June 13, 2000, effective Dec. 30, 2000. Emergency amendment filed Aug. 14, 2002, effective Aug. 28, 2002, expired Feb. 23, 2003.

Amended: Filed Aug. 14, 2002, effective Feb. 28, 2003. Rescinded: Filed May 21, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 142.028, RSMo Supp.

Chapter 2 Missouri Qualified Biodiesel Producer Incentive Program

2 CSR 110-2.010 Description of General Organization; Definitions; Requirements of Eligibility, Licensing, Application for Grants; Procedures for Grant Disbursements; Record Keeping Requirements, and Verification Procedures for the Missouri Qualified Biodiesel Producer Incentive AGRICULTURE Biodiesel Producer Incentive Program {#sec-2-csr-110-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-2.010}

2 CSR 110-2.010 Description of General Organization; Definitions; Requirements of Eligibility, Licensing, Application for Grants; Procedures for Grant Disbursements; Record Keeping Requirements, and Verification Procedures for the Missouri Qualified Biodiesel Producer Incentive Program {#sec-2-csr-110-2.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-2.010}

(Rescinded December 30, 2018)

2007. Emergency rule filed July 20, 2006, effective Aug. 28, 2006, expired Feb. 23, 2007. Original rule filed July 20, 2006, effective Feb. 28, 2007. Amended: Filed June 4, 2008, effective Dec. 30, 2008. Rescinded:

Filed May 21, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 142.031, RSMo Supp.

Chapter 3 Missouri Renewable Fuel Standard

2 CSR 110-3.010 Description of General Organization; Definitions; Requirements and Exemptions; Enforcement Provisions {#sec-2-csr-110-3.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-3.010}

PURPOSE: This rule describes the operation of the renewable fuel standard; defines terms; establishes requirements and exemptions for fuel distributors, position holders, terminals, suppliers, and fuel retailers; and describes enforcement provisions.

(1) General Organization.

(A) The director of the Department of Agriculture (MDA) is authorized to ensure implementation of, and compliance and consistency with, the Missouri Renewable Fuel Standard Act (MRFSA). The MRFSA requires that, unless otherwise provided, on and after January 1, 2008 all gasoline sold or offered for sale in Missouri at retail shall be ten percent (10%) fuel ethanol-blended gasoline. The MDA and the Department of Revenue (DOR) are authorized to obtain documentation from relevant parties regarding the sales transaction and price of fuel ethanol, fuel ethanol-blended gasoline, and unblended gasoline.

(B) All submissions or requests for information regarding the MRFSA should be directed to the Missouri Department of Agriculture, Renewable Fuel Standard, PO Box 630, Jefferson City, MO 65102.

(2) Definitions.

(A) Aviation fuel—any motor fuel specifically compounded for use in reciprocating aircraft engines.

(B) Distributor—a person who either produces, refines, blends, compounds or manufactures motor fuel, imports motor fuel into a state or exports motor fuel out of a state, or who is engaged in distribution of motor fuel.

(C) E75-E85 fuel ethanol—fuel ethanol that meets ASTM D 5798 specifications.

(D) Fuel ethanol-blended gasoline—as defined in section 414.255.2(3), RSMo.

(E) Position holder—the person who holds the inventory position in motor fuel in a terminal, as reflected on the records of the terminal operator. A person holds the inventory position in motor fuel when that person has a contract with the terminal operator for the use of storage facilities and terminating services for motor fuel at the terminal. The term includes a terminal operator who owns motor fuel in the terminal.

(F) Premium gasoline—gasoline with an antiknock index number of ninety-one (91) or greater.

(G) Price—the cost of the fuel ethanol plus fuel taxes and transportation expenses less tax credits, if any; or the cost of the fuel ethanolblended gasoline plus fuel taxes and transportation expenses less tax credits, if any; or the cost of the unblended gasoline plus fuel taxes and transportation expenses less tax credits, if any.

(H) Qualified terminal—a terminal that has been assigned a terminal control number (tcn) by the Internal Revenue Service.

(I) Supplier—a person that is:

1. Registered or required to be registered pursuant to 26 U.S.C., section 4101, for transactions in motor fuels in the bulk transfer/terminal distribution system; and 2. One (1) or more of the following:

A. The position holder in a terminal or refinery in this state;

B. Imports motor fuel into this state from a foreign country;

C. Acquires motor fuel from a terminal or refinery in this state from a position holder pursuant to either a two (2)-party exchange or a qualified buy-sell arrangement which is treated as an exchange and appears on the records of the terminal operator; or D. The position holder in a terminal or refinery outside this state with respect to motor fuel which that person imports into this state. A terminal operator shall not be considered a supplier based solely on the fact that the terminal operator handles motor fuel consigned to it within a terminal. “Supplier” also means a person that produces fuel grade alcohol or alcohol-derivative substances in this state, produces fuel grade alcohol or alcohol-derivative substances for import to this state into a terminal, or acquires upon import by truck, railcar, boat, barge or pipeline into a terminal, fuel grade alcohol or alcohol-derivative substances. “Supplier” includes a permissive supplier unless specifically provided otherwise.

(J) Terminal—a bulk storage and distribution facility which includes:

1. For the purposes of motor fuel, is a qualified terminal;

2. For the purposes of fuel grade alcohol, is supplied by truck, railcar, boat, barge or pipeline and the products are removed at a rack.

(K) Ultimate vendor—a person that sells motor fuel to the consumer.

(L) Unblended gasoline—gasoline that has not been blended with fuel ethanol.

(3) Requirements and Exemptions.

(A) On and after January 1, 2008, all gasoline sold or offered for sale in Missouri at retail shall be fuel ethanol-blended gasoline, unless a distributor is unable to obtain fuel ethanol or fuel ethanol-blended gasoline from a position holder or supplier at the terminal at the same or lower price as unblended gasoline. Price comparisons are to be made between position holders or suppliers at a particular terminal, not by price comparisons between terminals.

(B) For each purchase of unblended gasoline from a position holder or supplier at the terminal, the position holder, supplier, distributor, and ultimate vendor shall maintain accurate purchase and disposition records and source documents for at least three (3) years.

The records and source documents must, in their entirety, be sufficient to verify the price and quantity available at the terminal for fuel ethanol, fuel ethanol-blended gasoline, and unblended gasoline for each position holder or supplier at the terminal at the time of each purchase of unblended gasoline. If the unblended gasoline is to be used for exempt purchases as described in (3)(G) of this rule, records and source documents must include the quantity purchased, destination, date, and the category of exemption.

(C) The position holder, supplier, distributor, and ultimate vendor shall, upon request, and within thirty (30) days of receiving such a request, provide documentation within their purview or control regarding the sales transaction and price of fuel ethanol, fuel ethanolblended gasoline, and unblended gasoline to the Department of Agriculture and/or the Department of Revenue. The departments may examine records, documents, books, premises, and products of such entities to determine the validity of all documentation provided and to determine compliance with the provisions of section 414.255, RSMo, and this rule. All information obtained by the departments from such sources shall be confidential and not disclosed except by court order or as otherwise provided by law. Any documentation provided to the departments will be considered received by the departments on the:

1. Postmark date for items delivered by the United States Postal Service;

2. Actual date received by the departments for items delivered by any other carrier service; or 3. Actual date received for information received by facsimile or email within the departments’ Jefferson City, Missouri central office.

(D) Any delivery of unblended gasoline to an ultimate vendor or consumer shall include notification by the distributor on a bill of lading, invoice, delivery ticket, or some other document of the quantity of unblended gasoline delivered and that the distributor was unable to purchase fuel ethanol or fuel ethanol-blended gasoline from a position holder or supplier at the terminal at the same or lower price as unblended gasoline.

(E) All terminals in Missouri that sell gasoline shall offer for sale, in cooperation with position holders and suppliers, fuel ethanol-blended gasoline, fuel ethanol, and unblended gasoline. Terminals that only offer for sale federal reformulated gasolines, in cooperation with position holders and suppliers, shall not be required to offer for sale unblended gasoline.

(F) Notwithstanding any other law to the contrary, all fuel retailers, wholesalers, distributors, and marketers shall be allowed to purchase fuel ethanol from any terminal, position holder, fuel ethanol producer, fuel ethanol wholesaler, or supplier. In the event a court of competent jurisdiction finds that this subsection does not apply to or improperly impairs existing contractual relationships, then this subsection shall only apply to and impact future contractual relationships.

(G) The following shall be exempt from the provisions of section 414.255, RSMo, and this rule:

1. Aviation fuel and automotive gasoline used in aircraft;

2. Premium gasoline;

3. E75-E85 fuel ethanol;

4. Any specific exemptions declared by the United States Environmental Protection Agency;

5. Bulk transfers between terminals;

6. Marinas that sell fuel exclusively to watercraft;

7. Gasoline blends of twenty to eightyfive percent (20–85%) ethanol dispensed through blender dispensers which are approved by the National Conference on Weights and Measures (NCWM) National Type Evaluation Program (NTEP) intended for use in flexible fuel vehicles only; and 8. Gasoline containing greater than ten percent (10%) ethanol as approved by a United States Environmental Protection Agency waiver.

(H) The director of the Department of Agriculture may by rule exempt or rescind additional gasoline uses from the requirements of section 414.255, RSMo, and this

rule. The governor may by executive order waive the requirements of section 414.255, RSMo, and this rule or any part thereof in

part or in whole for all or any portion of this state for reasons related to air quality. Any regional waiver shall be issued and implemented in such a way as to minimize putting any region of the state at a competitive advantage or disadvantage with any other region of the state.

(4) Enforcement Provisions.

(A) The provisions of section 414.152, RSMo, shall apply for purposes of enforcement of the Missouri Renewable Fuel Standard Act and this rule.

4CODE OF STATE REGULATIONS

(5/31/11) ROBINCARNAHAN

History

• AUTHORITY: section 414.255, RSMo Supp. 2010. Original rule filed June 29, 2007, effective Feb. 29, 2008. Amended: Filed Nov. 15, 2010, effective June 30, 2011. Original authority: 414.255, RSMo 2006.

Chapter 4 Registration of Foreign-Owned Agricultural Land

2 CSR 110-4.010 Who Shall Register {#sec-2-csr-110-4.010 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-4.010}

PURPOSE: This rule designates guidelines and specifications for the registration of foreign ownership of agricultural land with the Missouri Department of Agriculture in compliance with section 442.592, RSMo.

(1) Any foreign person, as defined in section 442.592.1., RSMo, who has an accepted offer to purchase, acquire, or transfer any interest in agricultural land in Missouri, or who is notified that they are entitled to receive any interest in agricultural land in Missouri by grant, devise, descent, or otherwise, shall file a report with the director of the Department of Agriculture, PO Box 630, Jefferson City, MO 65102-0630 or electronically at www.agriculture.mo.gov, at least thirty (30) days prior to the date of the acquisition by sale, transfer, grant, devise, descent, or otherwise. Forms are available on the Missouri Department of Agriculture’s website.

(2) In any instance where more than one (1) foreign person, as defined in section 442.592, RSMo, acquires or transfers any interest in any tract or parcel of Missouri agricultural land, each such foreign person shall file the report required.

(3) Reporting is not required when an interest in agricultural land is acquired or transferred by a foreign person or a foreign business for the sole purpose of extracting, refining, processing, or transporting oil, gas, coal, or lignite.

(4) If any foreign person or entity was obligated, under the provisions of Chapter 442, RSMo, to file a report with the director of the Department of Agriculture on any previous date and failed to do so, that foreign person or entity shall file the report required by this chapter within thirty (30) days (June 14, 1982) of the effective date of this rule (May 15, 1982). filed as 2 CSR 20-3.010. Original rule filed Jan. 12, 1982, effective May 15, 1982. Moved to 2 CSR 110-4.010 and amended: Filed May Jan. 2, 2024. Emergency amendment filed Jan. 9, 2024, effective Jan. 24, 2024, expired July 21, 2024. Amended: Filed Jan. 9, 2024,

2 CSR 110-4.020 Interest Defined {#sec-2-csr-110-4.020 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-4.020}

PURPOSE: This rule defines an interest as it relates to registration with the Missouri Department of Agriculture of foreign persons or entities who or which own agricultural land in Missouri pursuant to Chapter 442, RSMo.

(1) Interest, as used in 2 CSR 110-4.010(1) and (2), shall be defined as all interests acquired, transferred, or held in agricultural lands by a foreign person, except— (A) Leaseholds of less than ten (10) years;

(B) Contingent future interests;

(C) Noncontingent future interests which do not become possessory upon the termination of the present possessory estate; and (D) Surface or subsurface easements and rights-of-way used for a purpose unrelated to agricultural production. filed as 2 CSR 20-3.020. Original rule filed Jan. 12, 1982, effective May 15, 1982. Moved to 2 CSR 110-4.020 and amended: Filed May Jan. 2, 2024. Emergency amendment filed Jan. 9, 2024, effective Jan. 24, 2024, expired July 21, 2024. Amended: Filed Jan. 9, 2024,

2 CSR 110-4.030 Nonfarming Purposes Interpreted {#sec-2-csr-110-4.030 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-4.030}

PURPOSE: This rule interprets the phrase nonfarming purposes as that phrase is found in section 442.591, RSMo.

(1) The phrase nonfarming purposes is interpreted to include, but is not limited to, the conducting and active operation of research or experimentation for the purpose of developing or improving any type of agricultural practice, tool, device, or implement, where any agricultural production is incidental to the research or experimentation, and the cost of the research or experimentation exceeds the amount of income derived from the sale of all agricultural production. filed as 2 CSR 20-3.030. Original rule filed Jan. 12, 1982, effective May 15, 1982. Moved to 2 CSR 110-4.030 and amended: Filed May 21, 2018, effective Dec. 30, 2018.

2 CSR 110-4.040 Procedure for Filing {#sec-2-csr-110-4.040 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-4.040}

PURPOSE: This rule sets out procedures for the registration of foreign ownership of agricultural land with the Missouri Department of Agriculture in compliance with section 442.592, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) A report upon forms, which are available on the Missouri Department of Agriculture’s website, shall be filed at least thirty (30) days prior to the date of acquisition by sale, transfer, grant, devise, descent, or otherwise of any interest in agricultural land in Missouri by any foreign person, as that term is defined in section 442.592.1., RSMo.

(2) These reports shall be submitted to the Missouri Department of Agriculture either by mail at PO Box 630, Jefferson City, MO 65102-0630 or electronically at www.agriculture.mo.gov and shall be completed in full. Failure to complete the required (6/30/24) John R. Ashcroft form timely could result in a delay in determining whether the acquisition is in violation of state law.

(3) Each copy of the report shall be signed personally by the individual foreign person holding a potential interest in the agricultural land or by the legally authorized representative of that foreign person. If the reports are signed by the legally authorized representative of a foreign person, there shall be attached an appropriate document designating the individual signing as the authorized representative of the foreign person in question.

(4) The report required by this rule shall contain the following information in the appropriate spaces provided on the form:

(A) The legal name and address of the foreign person;

(B) In any case in which the foreign person is an individual, the citizenship of the foreign person;

(C) In any case in which the foreign person is not an individual or a government— 1. The nation in which the foreign person is created or organized; and 2. The legal name and address of each person or entity who holds any interest comprising five percent (5%) or more of the foreign person, directly or indirectly, through other persons or entities; and in any case in which the holder of the interest is an individual, the citizenship of the holder, and in any case in which the holder of the interest is not an individual or a government, the nation in which the holder is created or organized and the principal place of business of the holder;

(D) Whether any potential interest holder is a citizen or resident of, or is incorporated under the laws of a foreign adversary as determined by Title 15, Code of Federal Regulations,

Section 7.4, published January 19, 2021, incorporated by reference and made a part of this rule, as published by the United States Publishing Office, 732 N. Capital St NW, Washington DC, 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov;

(E) The type of interest in the agricultural land that is acquired or transferred by the foreign person;

(F) An exact legal description of the agricultural land, comporting with all requirements for recordation of title and including the county(ies) in which the land is located and the total acreage involved and any knowledge regarding whether or not the potential land acquisition is located within ten (10) miles of a military facility in this state;

(G) The purchase price paid or received for or any other consideration given or received for the interest as well as whether the potential land acquisition will utilize or involve any state or local government financial assistance or financing mechanisms;

(H) A declaration of the intended activity on the potential land by the reporting foreign person;

(I) In the case where any foreign person acquires an interest in agricultural land for the purposes outlined in section 442.591, RSMo, a declaration of the intended use of the land, which declaration shall be supplemented by submitting in writing to the director of the Department of Agriculture an amended declaration each time the intended use of all or a portion of the land changes; and (J) Whether the foreign person currently owns any land in the state of Missouri, and if so, the specific locations of current ownership.

(5) Failure to file the report required by this rule subjects the foreign person holding an interest in the Missouri farmland to a substantial civil penalty as provided in section 442.592.7., RSMo. filed as 2 CSR 20-3.040. Original rule filed Jan. 12, 1982, effective May 15, 1982. Moved to 2 CSR 110-4.040 and amended: Filed May Jan. 2, 2024. Emergency amendment filed Jan. 9, 2024, effective Jan. 24, 2024, expired July 21, 2024. Amended: Filed Jan. 9, 2024,

2 CSR 110-4.050 Process for Approval {#sec-2-csr-110-4.050 omnilex-key=us-mo-regs-official--title-2--2 CSR 110-4.050}

PURPOSE: This rule specifies which agricultural land acquisitions will be disallowed based on the information provided on submitted reports in accordance with Executive Order 24-01 and Section 442.571, RSMo.

(1) The Director of the Missouri Department of Agriculture shall— (A) Disallow the potential agricultural land acquisition included in any report by any citizen or resident of, or those incorporated under the laws of a foreign adversary, as determined by Title 15, Code of Federal Regulations, Section 7.4, if such land is within ten (10) miles of a military facility, to include all federal installations as well as all staffed Missouri National Guard units as published on the department’s website;

(B) Disallow the potential agricultural land acquisition included in any report by any alien or foreign business if the total aggregate alien and foreign ownership of agricultural acreage in this state exceeds one percent (1%) of the total aggregate agricultural acreage in this state; and (C) Review in accordance with state laws, regulations, and orders at the time that the report by a foreign person is submitted, any report not listed in subsection (A) or (B) of this

rule, and allow or disallow accordingly by providing written notification of the decision to the owner or legally authorized representative included on the report within thirty (30) days.

rule filed Jan. 9, 2024, effective July 30, 2024. *Original authority: 442.571, RSMo 1978, amended 1979, and 442.592, RSMo 1979, amended 1993, 1995.

History

• AUTHORITY: sections 442.571 and 442.592, RSMo 2016. Executive Order 24-01, effective Jan. 2, 2024. Emergency amendment filed Jan. 9, 2024, effective Jan. 24, 2024, expired July 21, 2024. Original