Title XVII — AGRICULTURE AND ANIMALS

281.005. Preemption of all ordinances and rules of political subdivisions. — Sections 281.210 to 281.310 and sections 281.005 to 281.115 shall preempt all ordinances, rules and regulations of political subdivisions relating to the use of subjects covered by said sections. ­­-----…

281.010. Short title. — Sections 281.010 to 281.115 shall be known as the "Missouri Pesticide Use Act". ­­-------- (L. 1974 S.B. 431 § 1, A.L. 1977 H.B. 665)

281.015. Director of agriculture to administer. — Sections 281.005 to 281.115 shall be administered by the director of the department of agriculture of the state of Missouri. ­­-------- (L. 1974 S.B. 431 § 2, A.L. 1992 H.B. 1764, A.L. 2021 H.B. 476 merged with S.B. 26) Effective …

281.020. Definitions. — As used in sections 281.010 to 281.115, the following terms mean: (1) "Animal", all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish; (2) "Applicator, operator or technician": (a) "Certifie…

281.023. Director may enter into cooperative agreements with political subdivisions. — The director may enter into cooperative agreements with political subdivisions of this state regarding pesticide programs under sections 281.005 to 281.115 for the purpose of securing uniformit…

281.025. Director may issue regulations — notice, how given — list of restricted use pesticides, adoption of — public hearings, when — rulemaking procedure. — 1. The director shall administer and enforce the provisions of sections 281.010 to 281.115 and shall have authority to is…

[Repealed or reserved.]

281.035. Certified commercial applicator's license required when, annual fee — application for license, how made — examinations — records to be kept — incapacity of sole certified applicator, effect of — display of license — change of address, notice. — 1. No individual shall eng…

281.037. Certified noncommercial applicator's license, when required — application for license, examination, fee — scope of license — records to be kept — display of license — change of address, notice. — 1. Any individual who is not certified pursuant to section 281.035, 281.040…

281.038. Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee. — 1. No individual working under the direct supervision of a certified commercial applicator shall determine the need for the use of or use any gene…

281.040. Private applicator's license, qualifications for — training, review committee — duration, renewal — provisional license, automatic conversion to permanent license, when. — 1. No private applicator shall use any restricted use pesticide unless the private applicator first…

281.045. Certified operator license, when required — application, requirements, examination — maintenance of records — liability of governmental agencies — display of license — change of address, notice — volunteers, use of pesticides without a license. — 1. All agencies of the s…

281.048. Noncertified RUP applicator license — application, issuance and renewal, fee — authority of licensee, limitation by director, when — notification by licensee of changes — retraining — display of license. — 1. No individual shall use or determine the need for the use of a…

281.050. Pesticide dealer's license required, fee, qualifications — grounds for suspension or revocation — restricted use of pesticides, sale or transfer, to whom, exception — records to be kept — change of address, notice of. — 1. No individual shall act in the capacity of a pes…

281.055. Late renewal of license, penalty, reexamination, when — director to provide guideline book, fee for book. — 1. If the renewal of any license or certification provided for in sections 281.010 to 281.115 is not filed prior to the expiration date in any year, a penalty of t…

281.060. Sanctioning of license, when — civil penalty, when, amount, enforcement of. — 1. The director, after inquiry, and after opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license or certification issued under sections 281.010 to 281.115…

281.061. Inspection with consent of owner of premises — search warrant to issue, when — director may bring action to enjoin, when. — 1. For the purpose of enforcing the provisions of sections 281.010 to 281.115, the director may, with permission from the owner or person in charge…

281.063. Director may subpoena witnesses and documents, when. — The director may subpoena witnesses and compel the production of books, documents, and records anywhere in the state in any hearing affecting the authority or privilege granted by a license or certificate issued unde…

281.065. Bond or insurance required, amount — deductible clause accepted, when — new surety, when — liability, effect of chapter on. — 1. The director shall not issue a certified commercial applicator's license until the applicant or the employer of the applicant has furnished ev…

281.070. Damage claims to be filed with director, when due — duties of director — failure to file, effect of — investigation or hearing, powers of director. — 1. The director may investigate the use of any pesticide or claims of damages that result from the use of any pesticide. …

281.075. Reciprocal licensing authorized, when. — The director may issue a pesticide applicator certification on a reciprocal basis with other states without examination to a nonresident who is licensed as a certified applicator in accordance with the reciprocating state's requir…

281.080. Exemptions. — The provisions of sections 281.010 to 281.115 relating to licenses and requirements for their issuance shall not apply to: (1) Veterinarians using pesticides on animals during the normal course of veterinary practice, as long as he is not regularly engaged …

281.085. Pesticide containers, regulation of, handling of. — No person shall discard, transport, or store any pesticide or pesticide containers in such a manner that is inconsistent with label directions or as to cause injury to humans, vegetation, crops, livestock, wildlife, ben…

281.090. Stop orders, when — effect of. — When the director or his authorized agent has probable cause to believe a pesticide is being distributed or used in violation of any of the provisions of sections 281.010 to 281.115, or of any of the prescribed regulations under sections …

281.095. Appeals, how taken. — Any person aggrieved by any act of the director may appeal according to the provisions of chapter 536. ­­-------- (L. 1974 S.B. 431 § 18)

281.100. Instructional courses, how conducted. — The director may, in cooperation with a land grant college or university or other public educational institutions, or a professional association or person representing the licensee's category of certification, publish information a…

281.101. Unlawful acts. — 1. It shall be unlawful for any person to violate any provision of sections 281.010 to 281.115, or any regulation issued thereunder. 2. The following are determined to be unlawful acts: (1) It shall be unlawful to recommend for use, cause to use, use, or…

281.102. Delayed effective date. — The enactment of section 281.048 and the repeal and reenactment of sections 281.015, 281.020, 281.025, 281.030, 281.035, 281.037, 281.038, 281.040, 281.045, 281.050, 281.055, 281.060, 281.063, 281.065, 281.070, 281.075, 281.085, and 281.101 of t…

281.105. Penalty for violations. — Any individual, whether a holder or nonholder of a valid license issued pursuant to this chapter, convicted of violating any of the provisions of sections 281.010 to 281.115, or any regulation issued thereunder, shall be guilty of a misdemeanor.…

281.110. Authorization to accept federal aid. — The director may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, in order: (1) To secure uniformity of re…

281.115. Director's rules, ratification of. — All rules and regulations promulgated by the director of agriculture under the terms of sections 281.010 to 281.115 shall stand ratified unless rescinded by the general assembly within first sixty days of each annual session. ­­------…

281.116. Inspectors for wood-destroying insects, licenses required. — Any person performing inspections for evidence of wood-destroying insects at the request of the buyer, seller or lending institution for real estate transactions shall have in effect a valid Missouri certified …

281.120. Herbicides, use on crops not labeled for — definitions — civil penalties, when — complaint investigation — rulemaking authority. — 1. As used in this section, the following terms shall mean: (1) "Department", the department of agriculture; (2) "Field", agricultural land,…

281.210. Citation of law — administration by director of agriculture. — 1. Sections 281.210 to 281.310 shall be known as the "Missouri Pesticide Registration Act". 2. Sections 281.210 to 281.310 shall be administered by the director of the department of agriculture of the state o…

281.220. Definitions. — As used in sections 281.210 to 281.310, unless the context clearly requires otherwise, the following terms mean: (1) "Active ingredient", an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests; (2) "Adu…

281.230. Rules and regulations, authority. — The director shall administer and enforce the provisions of sections 281.210 to 281.310 and shall have authority to promulgate rules in accordance with the provisions of chapter 536 to carry out the provisions of sections 281.210 to 28…

281.240. Conditions under which pesticides may be sold, distributed or transported — other acts prohibited. — 1. No person shall distribute, sell, offer for sale, hold for sale, deliver for transportation, or transport in intrastate commerce or between points within this state th…

281.250. Exemptions. — 1. The penalties provided for violations of subsection 1 of section 281.240 shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within this state if such carrier shall, upon request, permit the director or his designated a…

281.260. Registration of pesticides — renewal — fees — powers of director — cancellation of registration on notice and hearing — experimental use permit issued when — revocation. — 1. Every pesticide which is distributed, sold, offered for sale or held for sale within this state,…

281.265. Pesticide education fund created, use of moneys. — There is hereby created in the state treasury the "Pesticide Education Fund", which shall consist of any moneys or fees appropriated to the fund as well as a portion of any fees collected by the department of agriculture…

281.270. Inspection, limitations — search warrant may be issued, when — violations, prosecuting attorney's duties. — 1. For the purpose of enforcing the provisions of sections 281.210 to 281.310 the director may, with permission from the owner or person in charge, enter upon any …

281.280. Examination of samples — noncompliance with regulations, notice, opportunity to present views — violation, director's powers and duties. — 1. The director may take, or cause to be taken, samples of pesticides for the purpose of determining whether they comply with sectio…

281.290. Cooperation and agreements with agencies, states, political subdivisions and the United States, authorized. — In order to avoid confusion resulting from diverse requirements, and to avoid increased costs to the people of this state due to the necessity of complying with …

281.300. Seizure and condemnation of unlawful pesticides — director's powers and duties. — 1. Any pesticide that is distributed, sold, offered for sale, or held for sale within this state, or which is delivered for transportation or transported in intrastate commerce or between p…

281.310. Penalties for violations. — 1. Any person violating subdivision (1) of subsection 1 of section 281.240 shall be guilty of an infraction and upon conviction shall be fined not more than one thousand dollars. 2. Any person violating any provisions of sections 281.210 to 28…