Title XVII — AGRICULTURE AND ANIMALS

274.010. Title of law. — For the purpose of brevity and convenience this chapter may be indexed, referred to and cited as "The Nonprofit Cooperative Marketing Law". ­­-------- (RSMo 1939 § 14334, A. 1949 S.B. 1098) Prior revision: 1929 § 12676

274.020. Definitions. — As used in this chapter, the following words and terms shall have the meaning indicated: (1) "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee or any farm products; (2) "Association", any corporation org…

274.030. Nonprofit cooperative associations — purposes — owners or operators of a family farm or family farm corporation may engage in production of livestock. — 1. Eleven or more persons, except corporations excluded from engaging in farming pursuant to the provisions of section…

274.040. Members — qualifications — proxies — joint associations. — 1. Under the terms and conditions prescribed in the bylaws adopted by it, any association may admit as members, only persons engaged in the production of the agricultural products to be handled by or through the …

274.050. Membership certificate — liabilities — voting rights. — 1. When a member of an association has paid his membership fee in full, he shall receive a certificate of membership. 2. No member shall be liable for the debts of the association to an amount exceeding the sum rema…

274.060. Powers of associations. — Each association incorporated under this chapter shall have the following powers: (1) To engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, stor…

274.070. Articles of incorporation. — 1. Each association formed under this chapter must prepare and file articles of incorporation, setting forth: (1) The name of the association; (2) The purposes for which it is formed; (3) The place where its principal business will be transac…

274.080. Articles of incorporation may be amended. — The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two-thirds of the directors and then adopted by a vote repres…

274.090. Bylaws of association. — 1. Each association incorporated under this chapter must, within thirty days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the memb…

274.100. Meetings of association. — In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent of the members may file a petition stating the specific b…

274.110. Directors to manage affairs of association. — 1. The affairs of the association shall be managed by a board of not less than five directors, elected by the members from their own number. 2. The bylaws may provide that the territory in which the association has members sh…

274.120. Officers elected by directors. — The directors shall elect from their number a president and one or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two latter offic…

274.130. Officers and employees to give bonds. — Every officer, employee and agent handling funds or negotiable instruments or property of or for any association created hereunder shall be required to execute and deliver adequate bonds for the faithful performance of his duties a…

274.140. Charges made in writing — removals, how made. — 1. Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent of the members, requesting the removal of the o…

274.150. Decisions by directors referred to members, how. — Upon demand of one-third of the entire board of directors, made at the same meeting at which the original motion was passed immediately and so recorded, any matter of policy that has been approved or passed by the board …

274.160. Annual reports — contents. — Each association formed under this chapter shall prepare and make out an annual report on forms, to be furnished by the state director of agriculture, containing the name of the association; its principal place of business; and a general stat…

274.170. Fee for filing incorporation papers — amendments. — For filing articles of incorporation, an association organized hereunder shall pay ten dollars; and for filing an amendment to the article, two dollars and fifty cents. ­­-------- (RSMo 1939 § 14363) Prior revision: 192…

274.180. Fees paid in lieu of other license or tax. — Each association organized hereunder shall pay an annual fee of ten dollars only, in lieu of all franchise or license or corporation or other taxes, including state sales taxes, or taxes or charges upon reserves held by it for…

274.190. Previously organized associations may use provisions of this chapter — procedure. — 1. Any corporation or association, organized under previously existing statutes, may, by a majority vote of its stockholders or members, be brought under the provisions of this chapter by…

274.200. Marketing contracts — provisions. — The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten years, all or any specified part of their agricultural products or specified commodities excl…

274.210. Marketing contracts — enforcement. — 1. The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the members to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or wit…

274.220. Membership in other corporations — functions. — 1. An association may organize, form, operate, control, have an interest in, or be a member of a corporation or other entity and engage in preserving, drying, processing, canning, packing, storing, handling, shipping, utili…

274.230. Two or more associations may act jointly. — Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts, and arrangements with a corporation, person or other entity, for the more economical carrying on of its busi…

274.240. Association of other state may do business in state, when. — Any association heretofore or hereafter organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this state upon compliance with th…

274.250. Use of words "nonprofit cooperative" prohibited. — No person, firm, corporation, or association, hereafter organized or hereafter applying to do business in this state as a farmers' marketing association for the sale of farm products, shall be entitled to use the words "…

274.260. Efforts to break contract a misdemeanor. — Any person or persons or any corporation whose officers or employees knowingly induce or attempt to induce any member of an association hereunder or organized under similar statutes of other states with similar restrictions and …

274.270. Soliciting breach of contract — liability. — Any person, firm or corporation conducting a warehouse within this state who solicits or persuades or permits any member of any association organized hereunder to breach his marketing contract with the association by accepting…

274.280. Association not guilty of conspiracy, or illegal monopoly. — No association organized hereunder and complying with the terms hereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly; or an attempt to lessen competition or to…

274.290. General corporation laws apply to association — exceptions. — The provisions of the general corporation laws of this state and all powers and rights thereunder, shall apply to the associations organized hereunder, except where such provisions are in conflict with or inco…

274.300. Provisions of law in conflict not applicable — exemptions. — 1. Any provisions of law which are in conflict with this chapter shall be construed as not applying to the associations herein provided for. 2. Any exemptions whatsoever under any and all existing laws applying…

274.310. Services provided by department of agriculture to small family owned agricultural producers or processors, cooperative marketing, market development, information dissemination — annual report submitted to general assembly, when. — 1. The department of agriculture shall p…