Mo. Rev. Stat. § 263.010
Title of law
Sections 263.010 to 263.180 shall be known and may be cited as "The Missouri Plant Law".
Revised Statutes of Missouri Chapter 263 — Insect Pests and Weeds
Missouri · statute · Mo. Rev. Stat. ch. 263 · 59 active provisions
Mo. Rev. Stat. § 263.020
Definitions
As used in sections 263.010 to 263.180 the following terms mean: (1) "Department", the Missouri department of agriculture; (2) "Director", the director of the Missouri department of agriculture; (3) "Nursery", any land, ground or premises within this state on or in which nursery stock is propagated or grown for sale, o…
Mo. Rev. Stat. § 263.030
Appointment of state entomologist — qualifications — employees
1. The director shall appoint a state entomologist who shall be a graduate of a reputable college of agriculture or university where he has specialized in the science of entomology, and who has had not less than two years' practical experience in plant regulatory inspection work. The state entomologist shall administer…
Mo. Rev. Stat. § 263.040
Rules and regulations
The state entomologist shall, from time to time, make rules for carrying out the provisions and requirements of sections 263.010 to 263.180, including rules under which inspectors and other employees shall: (1) Inspect places, plants and plant products, and things and substances used or connected therewith; (2) Investi…
Mo. Rev. Stat. § 263.050
Inspection, enforce quarantine regulations — power to call meetings — rulemaking, procedure
The state entomologist may conduct such inspections and promulgate and enforce such quarantine rules as may be necessary in carrying out the provisions of sections 263.010 to 263.180. The state entomologist may call to any of his meetings any person or persons who in his judgment possesses information of value in carry…
Mo. Rev. Stat. § 263.060
Right of entry
For the purpose of carrying out the provisions and requirements of sections 263.010 to 263.180, and of the rules made and notices given pursuant thereto, the state entomologist and his inspectors and employees shall have power to enter into or upon any place during reasonable hours, and to open any bundle, package, or…
Mo. Rev. Stat. § 263.070
Inspection fees — nurseries and nursery dealers registration inspection certificates, requirements, expire when — disposition of fees
1. A schedule of fees to defray the cost of inspecting greenhouses, nurseries, nursery dealers, nursery stock, plants, plant products and other materials is hereby established and shall be listed in the rules made pursuant to sections 263.010 to 263.180. This fee schedule may be revised from time to time to more accura…
Mo. Rev. Stat. § 263.080
Plant pests, control, noncomplying owner, action by inspectors — lien for expenses
1. The state entomologist shall keep himself informed as to the occurrence of plant pests, their origin, locality, nature and appearance, the manner in which they are disseminated, and approved methods of treatment and control. The state entomologist shall determine which plant pests are of such a harmful nature that t…
Mo. Rev. Stat. § 263.100
Shipping tag to show what
1. Any person bringing nursery stock into this state, or shipping it within this state, shall attach to the outside of each package, box, bale or lot of nursery stock shipped or otherwise delivered, a tag or label bearing the name and address of the shipper, a statement as to the general nature and quantity of the cont…
Mo. Rev. Stat. § 263.110
Inspection of plants before sale or shipment — fees — exceptions
It shall be unlawful for any person to sell, give away, carry, ship or deliver for carriage or shipment within this state any nursery stock unless such nursery stock has been officially inspected, at least annually, and a certificate issued by the state entomologist stating that the nursery stock has been inspected and…
Mo. Rev. Stat. § 263.130
Establishment of quarantine — rules and regulations
The state entomologist, whenever he shall find that there exists in any other state, territory, or district, or part thereof, any harmful plant pests with reference to which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and has not duly established such quarantine,…
Mo. Rev. Stat. § 263.140
Restrictive and control measures — adoption and enforcement
1. Whenever the state entomologist shall find that there exists in this state or any part thereof a dangerous plant pest new to the state, which, for the protection of plants and plant products within the state, should be prevented from spreading and be controlled or eradicated, the state entomologist shall adopt and c…
Mo. Rev. Stat. § 263.145
Plant disease and insect inspection — confiscation and destruction — highway patrol or other law enforcement officers to assist in enforcement
1. In carrying out the provisions of sections 263.010 to 263.180, the state entomologist or authorized personnel may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers whether air, land or water, believed or known to be car…
Mo. Rev. Stat. § 263.150
Review of order granted, when — rules, procedure
The department may promulgate rules pursuant to this section and chapter 536. Any person affected by any rule made, or notice given, pursuant to sections 263.010 to 263.180 may have a review thereof by the director for the purpose of having such rule or notice modified, suspended or withdrawn. Such review shall be allo…
Mo. Rev. Stat. § 263.180
Penalty
Any person who shall violate any provision or requirement of sections 263.010 to 263.180, or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in sections 263.010 to 263.180, shall be deemed guilty of a class A misdemeanor.
Mo. Rev. Stat. § 263.190
Owners to control noxious weeds — notice procedure — penalty — sale of noxious weeds prohibited
1. As used in sections 263.190 to 263.474, "noxious weed" means any weed designated as noxious by rules promulgated by the director of the department of agriculture. The department shall maintain a list of such noxious weeds and shall make such list available to the public. The department of agriculture shall promulgat…
Mo. Rev. Stat. § 263.200
County commission duties to control noxious weeds, official immunity, landowner duty of care — special tax for cost, collection — provisions applicable to certain political subdivisions
1. In addition to the remedies provided in section 263.190, when noxious weeds are discovered growing on any lands in the county, it shall be the duty of the county commission to control such noxious weeds so as to prevent the seed from ripening, and for that purpose the county commission, or its agents, servants, or e…
Mo. Rev. Stat. § 263.220
Duty of prosecuting attorney
It shall be the duty of the prosecuting attorney of the county to prosecute all actions brought under section 263.190.
Mo. Rev. Stat. § 263.240
Penalty for violation
Any person who shall violate any of the provisions of section 263.190 is, upon conviction, guilty of a misdemeanor and a violation of section 263.190 is a misdemeanor.
Mo. Rev. Stat. § 263.243
State agency purchasing seed from nondomestic source containing noxious weeds, liability
Any state agency purchasing seed from a nondomestic source, which seed contains any weed not native to this state which has been declared a noxious weed by this or any other state, shall be liable for eradication of the noxious weed or shall be liable to a landowner for costs of eradication.
Mo. Rev. Stat. § 263.245
Brush adjacent to county roads, to be removed subject to voter approval, certain counties — county commission may remove brush, when, procedures, certain counties — county right-of-way or maintenance easement, distance
1. Subject to voter approval under section 263.247, all owners of land in: (1) Any county with a township form of government, located north of the Missouri River and having no portion of the county located east of U.S. Highway 63; (2) Any county of the third classification without a township form of government and with…
Mo. Rev. Stat. § 263.247
Brush control, county option, certain counties — election to discontinue enforcement of weed control program
1. Section 263.245 shall become effective only in those counties described in subsection 1 of section 263.245 in which the governing body of the county submits to the voters of the county, at a regularly scheduled countywide election, a proposal to implement the provisions of section 263.245. The governing body of the…
Mo. Rev. Stat. § 263.250
Marijuana plant to be destroyed — county commission to destroy, when
1. The plant "marijuana", botanically known as cannabis sativa, is hereby declared to be a noxious weed and all owners and occupiers of land shall destroy all such plants growing upon their land. Any person who knowingly allows such plants to grow on his land or refuses to destroy such plants after being notified to do…
Mo. Rev. Stat. § 263.255
County election on enforcement of Johnson grass control law, notice, ballot, effect
1. Upon the petition of one hundred landowners in any county the county commission shall declare that a threat exists to the agricultural economy of the county by reason of the growth and infestation of a species of grass, Sorghum halepense, commonly known as "Johnson grass". After such declaration there shall be submi…
Mo. Rev. Stat. § 263.257
Director of agriculture to exterminate Johnson grass, when — county weed control board, appointment, expenses
1. The state director of agriculture shall within thirty days after receipt of the notice from the clerk of the county commission as provided in subsection 2 of section 263.255 declare such county a "Johnson Grass Extermination Area" and the director of agriculture shall cause suitable notice to be published in a newsp…
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