Title XVII, AGRICULTURE AND ANIMALS

263.010. Title of law. — Sections 263.010 to 263.180 shall be known and may be cited as "The Missouri Plant Law". ­­-------- (RSMo 1939 § 14034, A.L. 1984 S.B. 516) Prior revision: 1929 § 12367 Effective 1-01-85

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…

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 les…

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 pr…

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 2…

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 …

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 …

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 …

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…

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 lea…

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…

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 sta…

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 intercep…

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 …

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 misde…

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 de…

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…

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. ­­-------- (RSMo 1939 § 14263, A.L. 2011 H.B. 458 merged with S.B. 356) Prior revisions: 1929 § 12600; 1919 § 12121; 190…

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. ­­-------- (RSMo 1939 § 14264, A.L. 1941 p. 302 § 14264a, A.L. 1979 H.B. 259, …

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…

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 263.24…

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…

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…

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 …

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 …

263.259. Duties of state director of agriculture — inspection by county weed control board. — 1. The state director of agriculture shall have the following duties: (1) He shall supervise the control and eradication of Johnson grass; (2) He shall inspect lands and places for compl…

263.261. Duties of public utilities and government agencies as to Johnson grass. — It shall be the duty of public utilities, the state transportation department, the county commission, railroads, drainage districts, township boards, special road districts and other public and qua…

263.262. Johnson grass declared nuisance, where — abatement. — The existence or growth of Johnson grass in an electing county is hereby declared to be a public and common nuisance and the prosecuting attorney for each county shall have the duty to bring an action in the circuit c…

263.265. Tax for control of Johnson grass — state transportation department to pay costs. — The county commission, township board and special road district of any county declared a Johnson grass extermination area, in addition to any and all taxing powers which it may possess sha…

263.266. Approved eradication methods to be followed. — It shall be the duty of public utilities, the state transportation department, the county commission, railroads, drainage districts, township boards, special road districts and other public and quasi-public corporations to f…

263.267. County's classification as Johnson grass extermination area terminated, how. — Classification of a county as a Johnson grass extermination area shall be terminated by an order of the county commission of such county and an election conducted in the manner and form prescr…

263.452. Declaration of commission, when — election, procedure. — 1. Upon motion of the county commission, or 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…

263.454. Declaration as noxious weed control area, notice, duties of property owners — county weed control board, appointment, members, duties, compensation, terms. — 1. The state director of agriculture shall within thirty days after receipt of the notice from the clerk of the c…

263.456. Duties of county weed control board — director of agriculture to cooperate with governmental agencies — inspection of lands, notice, immunity, liability, indemnification, landowner duty of care — expenses of control, special tax, lien — notice to prosecutor. — 1. Each co…

263.458. Public utilities, department of transportation, department of natural resources, department of conservation, United States government, and railroads duties in noxious weed control areas. — It shall be the duty of public utilities on all land they own, and the department …

263.460. Noxious weeds as public nuisance — action to enjoin nuisance, venue, parties, notice. — The existence or growth of noxious weeds in a noxious weed control area is hereby declared to be a public and common nuisance and the prosecuting attorney for each county declared a n…

263.462. Tax may be assessed by county commission, township board and special road district — transportation department property, costs — county commission may share costs with landowners. — The county commission, township board and special road district of any county declared a …

263.464. Chemicals and biological agents, approval of required. — All public utilities, the department of transportation, the department of conservation, the county commission, railroads, drainage districts, township boards, special road districts and other public and quasi-publi…

263.466. Termination of classification as noxious weed control area. — Classification of a county as a noxious weed control area shall be terminated by an order of the county commission of such county and an election conducted in the manner and form prescribed for classifying suc…

263.468. County noxious weed fund may be established — program required — funding — orders. — 1. The governing body of any county of this state not declared a noxious weed control area may opt to establish a "County Noxious Weed Fund" for the purpose of making grants on a cost sh…

263.470. Prohibition, Johnson grass extermination area. — No county may elect to declare itself a Johnson grass extermination area pursuant to sections 263.255 to 263.267, after August 28, 1992. ­­-------- (L. 1992 H.B. 1199 § 11)

263.472. Conversion of Johnson grass extermination area to noxious weed control program — election, procedure. — 1. Upon the motion of the county commission or upon the petition of one hundred landowners in any county which has elected to declare itself a Johnson grass exterminat…

263.474. Public and private standards of control. — No local governing body shall provide for or compel the control of undesirable plants on private property pursuant to sections 263.450 to 263.474 without first applying the same or greater control measures to any land or rights-…

263.500. Law, how cited. — Sections 263.500 to 263.537 shall be known and may be cited as the "Missouri Boll Weevil Suppression Eradication Act". ­­-------- (L. 1995 S.B. 66 § 1)

263.503. Definitions. — As used in sections 263.500 to 263.537, the following words shall mean: (1) "Assessment", the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state, to be calculated on a per-acr…

263.505. Rules, authority for — procedure to adopt, suspend and revoke. — 1. The department may promulgate regulations restricting the pasturage of livestock, entry by persons, and location of honeybee colonies, or other activities affecting the boll weevil eradication program in…

263.507. Department of agriculture — powers and duties. — The department may carry out programs to suppress or eradicate the boll weevil in this state. The department may cooperate with any agency of the federal government, any state, any other agency in this state, or any person…

263.509. Director's right to enter premises to eradicate and inspect, requirements — court may issue a warrant for right of entry, when. — 1. The director of the department may enter cotton fields, cotton processing facilities, and other premises in order to carry out suppression…

263.512. Cotton growers to furnish department with size and location of all cotton fields and patches. — Every person growing cotton in this state shall furnish to the department on forms supplied by the department, such information as the department may require, concerning the s…

263.515. Quarantined areas, authority from regulations by department — articles from other states regulated. — 1. The department may promulgate regulations quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of reg…