Title XVII, AGRICULTURE AND ANIMALS

276.050. Agreement limiting distribution of profits by members prohibited. — It is hereby declared unlawful for any two or more members of any association or organization organized or maintained by persons, firms or corporations buying, selling or exchanging cattle, hogs or sheep…

276.060. Attorney general to bring suit in cases of violation. — It is hereby made the duty of the attorney general of the state of Missouri, upon being informed that any of the provisions of sections 276.010 to 276.080 have been violated, to bring suit in the proper court agains…

276.070. Violation may be enjoined. — If any person, firm or corporation maintaining such public market, or buying, selling or exchanging cattle, hogs or sheep at such public market, shall violate any provision of sections 276.010 to 276.080, such person, firm or corporation shal…

276.080. When deemed guilty of a misdemeanor — subject to fine. — Any person, firm or corporation violating any provision of sections 276.010 to 276.080 shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined for each offense not less than one thousand dolla…

276.090. Grain exchange deemed public market and subject to law. — Any regular place of business or trading room commonly known or designated as a board of trade or grain exchange maintained or operated by any organization, of whatever form or kind, for the members of such organi…

276.100. Organization may make and enforce bylaws and rules. — Any such organization may make and enforce reasonable bylaws and rules for the conduct of its members but such organization shall not make any order, rule, regulation or bylaws limiting the right of any member of the …

276.110. Unlawful to limit right to distribute profits — prima facie evidence of discrimination. — It is hereby declared unlawful for any two or more members of such organization to enter into any arrangement, understanding or agreement which shall limit, or have the effect of li…

276.120. Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership, when. — It is hereby declared unlawful for any such organization to refuse membership or to unreasonably delay the granting of membership in such organization to any a…

276.130. Attorney general to bring suit — court may issue injunction. — It is hereby made the duty of the attorney general of the state of Missouri, upon being informed that any of the provisions of sections 276.090 to 276.150 have been violated, to bring suit in the proper court…

276.140. Violation is cause for enjoining operation. — If any organization of whatever form or kind, maintaining or operating a public market, as herein defined, shall violate any provision of sections 276.090 to 276.150, such organization shall be permanently enjoined from maint…

276.150. Violation a misdemeanor. — Any person, firm, company or corporation violating any provision of sections 276.090 to 276.150 shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined for each offense not less than one thousand dollars nor more than ten …

276.160. Poultry and egg exchanges deemed public markets and subject to law. — Any regular place of business or trading room commonly known or designated as a poultry and egg exchange, or egg and poultry exchange, or produce exchange, maintained or operated by any organization, o…

276.170. Organizations may make and enforce bylaws and rules. — Any such organization may make and enforce reasonable bylaws and rules for the conduct of its members, but such organization shall not make any order, rule, regulation or bylaw limiting the right of any member of the…

276.180. Unlawful to limit the right to distribute profits — prima facie evidence of discrimination. — It is hereby declared unlawful for any two or more members of such organization to enter into any arrangement, understanding or agreement which shall limit, or have the effect o…

276.190. Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership — when. — It is hereby declared unlawful for any such organization to refuse membership or to unreasonably delay the granting of membership in such organization to any …

276.200. Unlawful to discriminate. — It is hereby declared unlawful for any person, firm or corporation maintaining any such public market to discriminate, in any manner whatever, against any person, firm or corporation buying, selling or exchanging poultry and eggs and other far…

276.210. Attorney general to bring suit — court may issue injunction. — It is hereby made the duty of the attorney general of the state of Missouri, upon being informed that any of the provisions of sections 276.160 to 276.230 have been violated, to bring suit in the proper court…

276.220. Violation may be enjoined. — If any organization of whatever form or kind, maintaining or operating a public market, as herein defined, shall violate any provision of sections 276.160 to 276.230, such organization shall be permanently enjoined from maintaining or operati…

276.230. Violation a misdemeanor. — Any person, firm, company or corporation violating any provision of sections 276.160 to 276.230 shall be deemed guilty of a misdemeanor. ­­-------- (RSMo 1939 § 14405) Prior revision: 1929 § 12747

276.401. Title, and scope of the law — definitions. — 1. Sections 276.401 to 276.582 shall be known as the "Missouri Grain Dealer Law". 2. The provisions of the Missouri grain dealer law shall apply to grain purchases where title to the grain transfers from the seller to the buye…

276.403. Purpose and construction of law. — Sections 276.401 to 276.581 constitute an exercise of state police and regulatory power for the purpose of protecting and enhancing grain production and marketing, and the agricultural economy of the state of Missouri. These sections ar…

276.406. Director's powers and duties — rules and regulations, authority, procedure — subpoenas — administrative hearings on liability of sureties, review. — 1. The director shall: (1) Be responsible for the efficient administration of the supervisory and regulatory powers author…

276.411. License required — administrative hearing for violation, penalty — license application forms, renewal applications — penalty for late renewal. — 1. No person shall engage in business as a grain dealer in the state of Missouri without having obtained a license therefor is…

276.421. Financial statement to accompany application, how prepared — false statement, penalty — minimum net worth and assets required. — 1. All applications shall be accompanied by a true and accurate financial statement of the applicant, prepared within six months of the date o…

276.423. Examination by department, when, fee — discrepancy reports, contents — director may modify, suspend or revoke license, when — subpoenas. — 1. The department shall make at least one complete examination of each state licensed class I, class II and class III grain dealer e…

276.426. Surety bond required — conditions — lack of, considered violation — cancellation procedure, effect — items covered by bond, not covered — distribution of bond proceeds by director, procedure, appeal — surety, failure to pay, penalty — binders effective, conditions, cance…

276.431. Provisions and rules relating to bonds to apply to certificates of deposit — irrevocable letters of credit may be accepted, conditions, demand by director, procedure — failure by bank to pay, when, penalty — funds returned to bank, when. — 1. Sections 276.401 to 276.581 …

276.436. Amount of bond — director to establish by rule — formula — minimum and maximum — additional bond because of low net worth or other circumstances — failure to maintain, effect. — 1. The total amount of the surety bond required of a dealer licensed pursuant to sections 276…

276.441. Dealer may request use of minimum bond, procedure. — 1. Any grain dealer who is of the opinion that his net worth is sufficient to guarantee payment for grain purchased by him may make a formal, written request to the director that he be relieved of the obligation of fil…

276.451. Examination of application, duties of director — issuance and renewal of licenses — nontransferable — separate license for each location — suspension or revocation, grounds, duties of director, appeal, bond. — 1. Upon receiving a dealer's original application for licensu…

276.456. License to be displayed — certificate of license to be in each grain transporting vehicle. — 1. Each dealer shall have and conspicuously display in each of his business locations, within full and unobstructed sight of the public: (1) Either the original or a certified co…

276.461. Dealer to pay for grain, when — failure to make payment on demand, director's duties, grounds for modification, suspension or revocation of license — demands, how made. — 1. In general, a person licensed as a grain dealer shall make payment of the agreed-upon purchase pr…

276.471. Records to be maintained by dealer — retention for inspection. — 1. The grain dealer shall maintain at his principal place of business current and complete records with respect to all grain received and withdrawn from, purchased, sold, and held by him for that business. …

276.476. Auditors may be appointed — highway patrol to cooperate. — The director may appoint auditors familiar with the purchase, sale, and handling of grain and knowledgeable with respect to sections 276.401 to 276.581 and regulations promulgated hereunder to investigate, audit,…

276.481. Inspection of premises and records — dealers may be required to report — transporters to have proper records — director to investigate. — 1. The director or any auditor appointed pursuant to the provisions of section 276.476 may inspect the premises used by any person li…

276.486. Injunctive relief may be sought — who to prosecute — director may conduct investigations and hearings — attendance of witnesses. — 1. The director may apply for a restraining order or a temporary or permanent injunction against the operation of a dealer which is in viola…

276.491. Modification, suspension or revocation of license — licensee to be notified of complaints — emergency temporary suspensions, length — hearing required — appeal procedure — time for filing claims, effect of failure to act within time. — 1. The director may, after a hearin…

276.496. Dealer to terminate all agreements upon expiration or revocation of license — notices — director to prescribe procedure — business may operate during periods of suspension — dealer to pay costs. — 1. When a license is revoked or expires without having been renewed, the d…

276.501. Insolvency, director may request ex parte order to be named trustee and be given immediate possession — procedure — order, contents — dealer may file response, when — hearing, when — notice, duties of director — director not to operate business, liability limited — recov…

276.506. Fees. — 1. The director shall collect fees as follows: (1) A filing fee of twenty-five dollars for each original application for license filed; (2) A license fee of forty dollars for the issuance of an original or renewal license; (3) A fee for each special or requested …

276.511. Classification of dealers. — 1. For the purpose of regulation, all dealers shall be classified according to their type of business operation. 2. Dealers that meet the requirements set forth below may be classified as class I dealers: (1) Each class I grain dealer must ha…

276.516. Dealers to issue scale tickets — contents — how filed — evidence of holder's claim for payment. — 1. A scale ticket, or other document approved by the director, shall be made out and filed for each movement of grain in or out of any grain facility owned or operated by a …

276.521. Grain purchase contracts — form to be prescribed by director. — 1. All purchases of grain shall be evidenced by a grain purchase contract. 2. The scale ticket prepared and delivered in accordance with section 276.516 may constitute a written grain purchase contract in th…

276.531. Nonresident licensee to designate resident agent — agent to forward notices. — 1. Any person issued a license under sections 276.401 to 276.581 who is, or after the issuance of said license becomes, a nonresident of the state of Missouri shall designate in writing the se…

276.536. Penalties — attorney general and prosecutors may prosecute upon complaint. — 1. Upon conviction, any person who does any of the following is guilty of a class B misdemeanor: (1) Engaging in the business of being a grain dealer without securing a license prior to engaging…

276.541. Director not to be interested in grain buying. — The director shall not, directly or indirectly, be interested in buying or selling grain, either on his own account or for others, or in handling grain as a grain dealer or on private account, during his term of office; ex…